|
|
| To amend sections 9.24, 101.68, 102.02, 102.06, | 1 |
| 105.41, 108.05, 109.54, 109.57, 109.60, 109.79, | 2 |
| 109.91, 109.98, 117.10, 120.06, 120.13, 120.23, | 3 |
| 120.52, 120.53, 121.37, 121.38, 122.011, 122.17, | 4 |
| 122.171, 122.18, 122.40, 122.603, 122.71, 122.72, | 5 |
| 122.73, 122.74, 122.75, 122.751, 122.76, 122.77, | 6 |
| 122.78, 122.79, 122.82, 122.83, 122.95, 122.951, | 7 |
| 123.01, 123.152, 123.17, 124.01, 124.02, 124.04, | 8 |
| 124.07, 124.09, 124.11, 124.133, 124.14, 124.15, | 9 |
| 124.20, 124.23, 124.231, 124.241, 124.25, 124.26, | 10 |
| 124.27, 124.29, 124.30, 124.31, 124.311, 124.32, | 11 |
| 124.321, 124.322, 124.323, 124.324, 124.325, | 12 |
| 124.328, 124.33, 124.34, 125.041, 125.05, 125.09, | 13 |
| 125.11, 125.831, 125.832, 126.25, 127.16, 131.02, | 14 |
| 131.23, 133.09, 140.01, 140.08, 141.011, 141.04, | 15 |
| 147.05, 147.10, 147.11, 147.12, 147.371, 149.30, | 16 |
| 150.07, 150.10, 173.26, 173.40, 173.99, 181.251, | 17 |
| 181.51, 181.52, 181.54, 181.55, 181.56, 183.28, | 18 |
| 184.02, 305.171, 307.36, 307.37, 307.695, 307.76, | 19 |
| 307.86, 307.88, 317.08, 317.36, 319.20, 319.302, | 20 |
| 321.24, 323.01, 323.152, 325.31, 329.04, 329.051, | 21 |
| 339.72, 339.88, 340.03, 340.16, 731.14, 731.141, | 22 |
| 742.59, 901.43, 903.05, 905.32, 905.33, 905.331, | 23 |
| 905.36, 905.37, 905.38, 905.381, 905.50, 905.501, | 24 |
| 905.66, 907.16, 913.02, 913.23, 915.02, 915.16, | 25 |
| 915.24, 921.02, 921.16, 923.44, 923.45, 923.46, | 26 |
| 926.01, 927.69, 1111.04, 1327.511, 1502.02, | 27 |
| 1509.06, 1509.072, 1509.31, 1515.14, 1517.02, | 28 |
| 1521.062, 1531.27, 1533.10, 1533.11, 1533.111, | 29 |
| 1533.112, 1533.12, 1533.32, 1533.99, 1541.03, | 30 |
| 1548.06, 1707.01, 1707.17, 1707.19, 1707.20, | 31 |
| 1707.22, 1707.23, 1707.25, 1707.261, 1707.431, | 32 |
| 1707.44, 1707.46, 1711.52, 1711.53, 1713.03, | 33 |
| 1751.03, 1751.04, 1751.05, 1751.89, 1901.26, | 34 |
| 1901.31, 1907.24, 2113.041, 2117.061, 2151.352, | 35 |
| 2151.416, 2152.43, 2152.44, 2152.74, 2303.201, | 36 |
| 2305.234, 2329.66, 2743.191, 2744.05, 2744.08, | 37 |
| 2901.07, 2913.40, 2921.13, 2923.25, 2971.05, | 38 |
| 3107.10, 3111.04, 3119.54, 3121.12, 3121.50, | 39 |
| 3125.18, 3301.079, 3301.0710, 3301.0711, | 40 |
| 3301.0714, 3301.0715, 3301.12, 3301.16, 3301.311, | 41 |
| 3301.32, 3301.56, 3301.86, 3301.88, 3302.03, | 42 |
| 3311.059, 3313.207, 3313.208, 3313.209, 3313.489, | 43 |
| 3313.975, 3313.976, 3313.977, 3313.978, 3313.98, | 44 |
| 3314.01, 3314.013, 3314.015, 3314.02, 3314.021, | 45 |
| 3314.03, 3314.031, 3314.032, 3314.033, 3314.06, | 46 |
| 3314.074, 3314.08, 3314.13, 3314.17, 3315.17, | 47 |
| 3315.18, 3315.37, 3316.06, 3316.16, 3317.013, | 48 |
| 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, | 49 |
| 3317.026, 3317.027, 3317.028, 3317.029, 3317.0216, | 50 |
| 3317.0217, 3317.03, 3317.031, 3317.05, 3317.052, | 51 |
| 3317.053, 3317.06, 3317.063, 3317.07, 3317.081, | 52 |
| 3317.09, 3317.10, 3317.16, 3317.20, 3317.21, | 53 |
| 3317.22, 3317.23, 3317.50, 3317.51, 3318.091, | 54 |
| 3318.33, 3319.081, 3319.17, 3319.22, 3319.235, | 55 |
| 3319.55, 3323.021, 3323.091, 3323.14, 3323.16, | 56 |
| 3327.01, 3332.092, 3333.04, 3333.044, 3333.12, | 57 |
| 3333.121, 3333.27, 3333.28, 3333.36, 3333.38, | 58 |
| 3334.01, 3334.02, 3334.03, 3334.07, 3334.08, | 59 |
| 3334.09, 3334.10, 3334.11, 3334.12, 3334.15, | 60 |
| 3334.16, 3334.17, 3334.18, 3334.19, 3335.02, | 61 |
| 3345.10, 3345.19, 3345.32, 3353.01, 3353.04, | 62 |
| 3353.06, 3353.07, 3362.02, 3365.01, 3365.02, | 63 |
| 3375.48, 3375.49, 3375.54, 3375.55, 3381.02, | 64 |
| 3381.04, 3381.05, 3381.06, 3381.07, 3381.15, | 65 |
| 3383.02, 3383.09, 3501.17, 3517.13, 3517.151, | 66 |
| 3701.023, 3701.146, 3701.65, 3702.141, 3702.51, | 67 |
| 3702.68, 3702.72, 3702.74, 3703.01, 3703.03, | 68 |
| 3703.04, 3703.05, 3703.06, 3703.07, 3703.08, | 69 |
| 3703.10, 3703.99, 3704.035, 3704.143, 3704.99, | 70 |
| 3705.24, 3709.29, 3709.34, 3712.03, 3714.07, | 71 |
| 3721.01, 3721.011, 3721.02, 3721.03, 3721.07, | 72 |
| 3721.15, 3721.19, 3721.21, 3721.50, 3721.51, | 73 |
| 3721.52, 3721.56, 3721.58, 3722.01, 3722.02, | 74 |
| 3722.04, 3734.01, 3734.20, 3734.21, 3734.22, | 75 |
| 3734.23, 3734.28, 3734.57, 3734.573, 3734.85, | 76 |
| 3734.901, 3734.9010, 3735.27, 3743.01, 3743.02, | 77 |
| 3743.04, 3743.05, 3743.06, 3743.15, 3743.17, | 78 |
| 3743.18, 3743.19, 3743.57, 3743.59, 3743.65, | 79 |
| 3743.75, 3745.11, 3745.12, 3746.04, 3746.071, | 80 |
| 3748.07, 3748.13, 3773.34, 3773.38, 3773.39, | 81 |
| 3773.40, 3773.57, 3781.07, 3781.10, 3781.102, | 82 |
| 3793.09, 3901.021, 3901.17, 3901.3814, 3901.78, | 83 |
| 3903.14, 3903.42, 3905.04, 3905.36, 3905.40, | 84 |
| 3923.27, 4112.12, 4115.03, 4115.032, 4115.071, | 85 |
| 4115.32, 4115.34, 4117.10, 4117.24, 4121.12, | 86 |
| 4121.121, 4121.125, 4123.27, 4123.44, 4123.47, | 87 |
| 4301.10, 4301.43, 4303.182, 4501.01, 4501.37, | 88 |
| 4503.103, 4503.471, 4503.48, 4503.50, 4503.53, | 89 |
| 4503.571, 4503.59, 4503.73, 4503.85, 4503.91, | 90 |
| 4505.06, 4506.03, 4506.07, 4511.191, 4511.75, | 91 |
| 4517.01, 4519.01, 4519.02, 4519.09, 4561.17, | 92 |
| 4561.18, 4561.21, 4703.15, 4705.09, 4709.05, | 93 |
| 4713.02, 4717.05, 4723.32, 4723.63, 4731.65, | 94 |
| 4731.71, 4736.11, 4736.12, 4740.14, 4753.03, | 95 |
| 4753.06, 4753.071, 4753.08, 4753.09, 4755.03, | 96 |
| 4755.48, 4766.09, 4905.10, 4905.54, 4905.95, | 97 |
| 4911.18, 4973.171, 5101.16, 5101.181, 5101.21, | 98 |
| 5101.241, 5101.26, 5101.31, 5101.35, 5101.36, | 99 |
| 5101.46, 5101.47, 5101.75, 5101.752, 5101.80, | 100 |
| 5101.801, 5101.821, 5104.01, 5104.02, 5104.30, | 101 |
| 5104.32, 5104.38, 5107.05, 5107.10, 5107.26, | 102 |
| 5107.30, 5107.58, 5110.01, 5110.05, 5110.352, | 103 |
| 5110.39, 5111.011, 5111.019, 5111.0112, 5111.02, | 104 |
| 5111.021, 5111.022, 5111.023, 5111.025, 5111.042, | 105 |
| 5111.06, 5111.082, 5111.11, 5111.111, 5111.113, | 106 |
| 5111.16, 5111.17, 5111.172, 5111.19, 5111.20, | 107 |
| 5111.204, 5111.21, 5111.22, 5111.221, 5111.23, | 108 |
| 5111.231, 5111.235, 5111.241, 5111.25, 5111.251, | 109 |
| 5111.255, 5111.257, 5111.26, 5111.261, 5111.263, | 110 |
| 5111.264, 5111.27, 5111.28, 5111.29, 5111.291, | 111 |
| 5111.30, 5111.31, 5111.32, 5111.33, 5111.62, | 112 |
| 5111.81, 5111.85, 5111.87, 5111.871, 5111.88, | 113 |
| 5111.911, 5111.97, 5111.99, 5112.03, 5112.08, | 114 |
| 5112.17, 5112.30, 5112.31, 5115.20, 5115.22, | 115 |
| 5115.23, 5119.61, 5120.09, 5120.51, 5121.01, | 116 |
| 5121.02, 5121.03, 5121.04, 5121.05, 5121.06, | 117 |
| 5121.061, 5121.07, 5121.08, 5121.09, 5121.10, | 118 |
| 5121.11, 5121.12, 5121.21, 5122.03, 5122.31, | 119 |
| 5123.01, 5123.045, 5123.046, 5123.047, 5123.049, | 120 |
| 5123.0412, 5123.34, 5123.41, 5123.701, 5123.71, | 121 |
| 5123.76, 5126.01, 5126.035, 5126.042, 5126.054, | 122 |
| 5126.055, 5126.056, 5126.057, 5126.12, 5139.01, | 123 |
| 5139.36, 5153.16, 5502.01, 5531.10, 5540.01, | 124 |
| 5540.09, 5552.01, 5703.052, 5703.053, 5703.26, | 125 |
| 5703.50, 5703.70, 5703.80, 5703.99, 5705.091, | 126 |
| 5705.19, 5705.391, 5711.16, 5711.21, 5711.22, | 127 |
| 5711.28, 5715.01, 5715.24, 5725.01, 5725.19, | 128 |
| 5727.01, 5727.02, 5727.06, 5727.08, 5727.10, | 129 |
| 5727.11, 5727.111, 5727.12, 5727.23, 5727.47, | 130 |
| 5727.81, 5727.82, 5727.84, 5727.85, 5727.99, | 131 |
| 5728.01, 5728.02, 5728.03, 5728.04, 5728.06, | 132 |
| 5728.08, 5728.99, 5729.08, 5731.01, 5731.05, | 133 |
| 5731.131, 5731.14, 5731.18, 5731.181, 5731.39, | 134 |
| 5731.41, 5731.99, 5733.01, 5733.065, 5733.066, | 135 |
| 5733.33, 5733.351, 5733.352, 5733.40, 5733.41, | 136 |
| 5733.49, 5733.98, 5733.99, 5735.99, 5737.03, | 137 |
| 5739.01, 5739.02, 5739.021, 5739.025, 5739.026, | 138 |
| 5739.029, 5739.03, 5739.033, 5739.034, 5739.035, | 139 |
| 5739.09, 5739.10, 5739.12, 5739.16, 5739.17, | 140 |
| 5739.99, 5741.02, 5741.16, 5741.99, 5743.01, | 141 |
| 5743.02, 5743.03, 5743.05, 5743.071, 5743.08, | 142 |
| 5743.10, 5743.111, 5743.112, 5743.14, 5743.15, | 143 |
| 5743.16, 5743.18, 5743.19, 5743.20, 5743.32, | 144 |
| 5743.33, 5743.99, 5747.01, 5747.012, 5747.02, | 145 |
| 5747.05, 5747.08, 5747.212, 5747.331, 5747.70, | 146 |
| 5747.80, 5747.98, 5747.99, 5749.02, 5907.15, | 147 |
| 5919.33, 5920.01, 6109.21, 6121.04, and 6123.04; | 148 |
| to amend, for the purpose of adopting new section | 149 |
| numbers as indicated in parentheses, sections | 150 |
| 181.251 (5502.63), 181.51 (5502.61), 181.52 | 151 |
| (5502.62), 181.54 (5502.64), 181.55 (5502.65), | 152 |
| 181.56 (5502.66), 3314.031 (3314.21), 3314.032 | 153 |
| (3314.22), 3314.033 (3314.23), 3314.034 (3314.24), | 154 |
| 3317.21 (3318.47), 3317.22 (3318.48), 3317.23 | 155 |
| (3318.49), 4115.21 (4115.16), 4723.63 (4723.91), | 156 |
| 5101.75 (173.42), 5101.752 (173.43), 5111.02 | 157 |
| (5111.021), 5111.021 (5111.022), 5111.022 | 158 |
| (5111.023), 5111.023 (5111.0115), 5111.112 | 159 |
| (5111.113), 5111.113 (5111.114), 5111.231 | 160 |
| (5111.232), 5111.257 (5111.258), 5111.81 | 161 |
| (5111.085), 5111.88 (5111.97), 5111.97 (5111.86), | 162 |
| 5121.01 (5121.02), 5121.02 (5121.03), and 5121.03 | 163 |
| (5121.01); to enact new sections 3317.012, | 164 |
| 3353.02, 3353.03, 3704.14, 4723.63, 5111.02, | 165 |
| 5111.112, 5111.231, 5111.24, 5111.257, 5111.262, | 166 |
| 5111.88, and 5123.048, and sections 9.23, 9.231, | 167 |
| 9.232, 9.233, 9.234, 9.235, 9.236, 9.237, 9.238, | 168 |
| 9.239, 9.241, 101.391, 103.132, 109.579, 109.981, | 169 |
| 120.07, 120.36, 121.373, 121.381, 121.382, | 170 |
| 121.403, 122.075, 122.083, 122.12, 122.121, | 171 |
| 122.172, 122.173, 125.18, 125.25, 125.60, 125.601, | 172 |
| 125.602, 125.603, 125.604, 125.605, 125.606, | 173 |
| 125.607, 125.608, 125.609, 125.6010, 125.6011, | 174 |
| 125.6012, 131.51, 153.02, 173.39, 173.391, | 175 |
| 173.392, 173.393, 173.44, 173.45, 173.46, 173.47, | 176 |
| 173.48, 173.49, 173.50, 306.331, 341.192, 901.44, | 177 |
| 907.111, 1533.122, 1547.721, 1547.722, 1547.723, | 178 |
| 1547.724, 1547.725, 1547.726, 1707.164, 1707.165, | 179 |
| 1711.531, 1751.271, 2151.282, 2151.652, 2305.2341, | 180 |
| 2307.65, 2744.082, 2913.401, 2927.023, 3125.191, | 181 |
| 3302.10, 3310.01, 3310.02, 3310.03, 3310.04, | 182 |
| 3310.05, 3310.06, 3310.07, 3310.08, 3310.09, | 183 |
| 3310.10, 3310.13, 3310.14, 3310.16, 3310.17, | 184 |
| 3311.11, 3313.6410, 3314.016, 3314.061, 3314.084, | 185 |
| 3314.085, 3314.12, 3314.18, 3314.19, 3314.25, | 186 |
| 3314.26, 3314.27, 3314.28, 3314.35, 3314.36, | 187 |
| 3316.043, 3317.016, 3317.017, 3317.201, 3318.18, | 188 |
| 3319.06, 3319.0810, 3319.172, 3323.20, 3323.30, | 189 |
| 3323.31, 3323.32, 3323.33, 3325.10, 3325.11, | 190 |
| 3325.12, 3325.15, 3325.16, 3325.17, 3333.047, | 191 |
| 3333.122, 3333.123, 3333.162, 3354.25, 3701.073, | 192 |
| 3702.83, 3704.144, 3705.242, 3714.073, 3715.04, | 193 |
| 3721.032, 3721.541, 3721.561, 3745.015, 3745.114, | 194 |
| 3770.061, 3781.191, 3903.421, 4115.36, 4117.103, | 195 |
| 4501.07, 4506.101, 4506.161, 4713.441, 4121.126, | 196 |
| 4121.127, 4121.128, 4123.441, 4123.444, 4123.445, | 197 |
| 4723.61, 4723.62, 4723.621, 4723.64, 4723.65, | 198 |
| 4723.66, 4723.67, 4723.68, 4723.69, 4766.14, | 199 |
| 4912.01, 5101.07, 5101.071, 5101.163, 5101.244, | 200 |
| 5101.461, 5101.802, 5101.803, 5101.93, 5101.94, | 201 |
| 5107.301, 5111.0114, 5111.027, 5111.028, 5111.061, | 202 |
| 5111.062, 5111.083, 5111.084, 5111.10, 5111.161, | 203 |
| 5111.162, 5111.163, 5111.164, 5111.165, 5111.176, | 204 |
| 5111.191, 5111.222, 5111.223, 5111.242, 5111.243, | 205 |
| 5111.244, 5111.254, 5111.265, 5111.266, 5111.65, | 206 |
| 5111.651, 5111.66, 5111.661, 5111.67, 5111.671, | 207 |
| 5111.672, 5111.673, 5111.674, 5111.675, 5111.676, | 208 |
| 5111.677, 5111.68, 5111.681, 5111.682, 5111.683, | 209 |
| 5111.684, 5111.685, 5111.686, 5111.687, 5111.688, | 210 |
| 5111.851, 5111.852, 5111.853, 5111.854, 5111.855, | 211 |
| 5111.856, 5111.881, 5111.882, 5111.883, 5111.884, | 212 |
| 5111.885, 5111.886, 5111.887, 5111.888, 5111.889, | 213 |
| 5111.89, 5111.891, 5111.892, 5111.893, 5111.914, | 214 |
| 5111.915, 5111.971, 5111.98, 5112.341, 5121.30, | 215 |
| 5121.31, 5121.32, 5121.33, 5121.34, 5121.35, | 216 |
| 5121.36, 5121.37, 5121.38, 5121.39, 5121.40, | 217 |
| 5121.41, 5121.42, 5121.43, 5121.44, 5121.45, | 218 |
| 5121.46, 5121.47, 5121.49, 5121.50, 5121.51, | 219 |
| 5121.52, 5121.53, 5121.54, 5121.55, 5123.16, | 220 |
| 5540.032, 5703.057, 5707.031, 5709.112, 5725.32, | 221 |
| 5727.031, 5727.241, 5727.812, 5729.032, 5739.012, | 222 |
| 5739.36, 5743.031, 5743.072, 5743.71, 5747.056, | 223 |
| 5751.01, 5751.011, 5751.012, 5751.013, 5751.02, | 224 |
| 5751.03, 5751.031, 5751.032, 5751.033, 5751.04, | 225 |
| 5751.05, 5751.051, 5751.06, 5751.07, 5751.08, | 226 |
| 5751.081, 5751.09, 5751.10, 5751.11, 5751.12, | 227 |
| 5751.20, 5751.21, 5751.22, 5751.23, 5751.31, | 228 |
| 5751.50, 5751.51, 5751.52, 5751.53, 5751.98, | 229 |
| 5751.99, 5919.31, 5919.341, 6111.30, 6111.31, and | 230 |
| 6111.32; and to repeal sections 181.53, 339.77, | 231 |
| 742.36, 1541.221, 3301.31, 3301.33, 3301.34, | 232 |
| 3301.35, 3301.36, 3301.37, 3301.38, 3301.80, | 233 |
| 3301.85, 3301.87, 3311.40, 3317.012, 3317.0212, | 234 |
| 3317.0213, 3353.02, 3353.03, 3501.141, 3506.17, | 235 |
| 3704.14, 3704.142, 3704.17, 3721.511, 3901.41, | 236 |
| 3901.781, 3901.782, 3901.783, 3901.784, 4115.16, | 237 |
| 4519.06, 4519.07, 5101.751, 5101.753, 5101.754, | 238 |
| 5111.041, 5111.205, 5111.24, 5111.262, 5111.34, | 239 |
| 5115.10, 5115.11, 5115.12, 5115.13, 5115.14, | 240 |
| 5123.041, 5123.048, 5731.20, 5733.122, and | 241 |
| 6111.028 of the Revised Code; to amend Sections | 242 |
| 16.09, 19.01, 20.01, 22.03, 22.04, 23.02, 23.12, | 243 |
| 23.13, 23.26, 23.45, and 24.01 of Am. Sub. H.B. 16 | 244 |
| of the 126th General Assembly; to amend Section 3 | 245 |
| of Am. H.B. 67 of the 126th General Assembly; to | 246 |
| amend Sections 203.03.09, 203.03.10, and 203.06.15 | 247 |
| of Am. Sub. H.B. 68 of the 126th General Assembly; | 248 |
| to amend Section 41.36 of Am. Sub. H.B. 95 of the | 249 |
| 125th General Assembly and to amend Section 41.36 | 250 |
| of Am. Sub. H.B. 95 of the 125th General Assembly | 251 |
| for the purpose of codifying it as section 3323.19 | 252 |
| of the Revised Code; to amend Section 14 of Sub. | 253 |
| H.B. 434 of the 125th General Assembly; to amend | 254 |
| Section 4 of Am. Sub. H.B. 516 of the 125th | 255 |
| General Assembly; to amend Sections 26.01 and 74 | 256 |
| of Am. Sub. S.B. 189 of the 125th General | 257 |
| Assembly; to amend Section 22 of Am. Sub. S.B. 189 | 258 |
| of the 125th General Assembly, as amended by Am. | 259 |
| Sub. H.B. 16 of the 126th General Assembly; to | 260 |
| amend Section 3 of Am. Sub. H.B. 621 of the 122nd | 261 |
| General Assembly, as subsequently amended; to | 262 |
| amend Section 153 of Am. Sub. H.B. 117 of the | 263 |
| 121st General Assembly, as subsequently amended; | 264 |
| to amend Section 5 of Am. Sub. S.B. 50 of the | 265 |
| 121st General Assembly, as subsequently amended; | 266 |
| and to repeal Sections 59.19, 89.17, and 147 of | 267 |
| Am. Sub. H.B. 95 of the 125th General Assembly to | 268 |
| make operating appropriations for the biennium | 269 |
| beginning July 1, 2005 and ending June 30, 2007, | 270 |
| and to provide authorization and conditions for | 271 |
| the operation of state programs, and to repeal | 272 |
| Section 553.01 of this act on December 16, 2005. | 273 |
| Section 101.01. That sections 9.24, 101.68, 102.02, 102.06, | 274 |
| 108.05, 109.54, 109.57, 109.60, 109.79, 109.91, 109.98, 117.10, | 275 |
| 120.06, 120.13, 120.23, 120.52, 120.53, 121.37, 121.38, 122.011, | 276 |
| 122.17, 122.171, 122.18, 122.40, 122.603, 122.71, 122.72, 122.73, | 277 |
| 122.74, 122.75, 122.751, 122.76, 122.77, 122.78, 122.79, 122.82, | 278 |
| 122.83, 122.95, 122.951, 123.01, 123.152, 123.17, 124.01, 124.02, | 279 |
| 124.04, 124.07, 124.09, 124.11, 124.133, 124.14, 124.15, 124.20, | 280 |
| 124.23, 124.231, 124.241, 124.25, 124.26, 124.27, 124.29, 124.30, | 281 |
| 124.31, 124.311, 124.32, 124.321, 124.322, 124.323, 124.324, | 282 |
| 124.325, 124.328, 124.33, 124.34, 125.041, 125.05, 125.09, 125.11, | 283 |
| 125.831, 125.832, 126.25, 127.16, 131.02, 131.23, 133.09, 140.01, | 284 |
| 140.08, 141.011, 141.04, 147.05, 147.10, 147.11, 147.12, 147.371, | 285 |
| 149.30, 150.07, 150.10, 173.26, 173.40, 173.99, 181.251, 181.51, | 286 |
| 181.52, 181.54, 181.55, 181.56, 183.28, 184.02, 305.171, 307.37, | 287 |
| 307.695, 307.76, 307.86, 307.88, 317.08, 317.36, 319.20, 319.302, | 288 |
| 321.24, 323.01, 323.152, 325.31, 329.04, 329.051, 339.72, 339.88, | 289 |
| 340.03, 340.16, 731.14, 731.141, 742.59, 901.43, 903.05, 905.32, | 290 |
| 905.33, 905.331, 905.36, 905.37, 905.38, 905.381, 905.50, 905.501, | 291 |
| 905.66, 907.16, 913.02, 913.23, 915.02, 915.16, 915.24, 921.02, | 292 |
| 921.16, 923.44, 923.45, 923.46, 926.01, 927.69, 1111.04, 1327.511, | 293 |
| 1502.02, 1509.06, 1509.072, 1509.31, 1515.14, 1517.02, 1521.062, | 294 |
| 1531.27, 1533.10, 1533.11, 1533.111, 1533.112, 1533.12, 1533.32, | 295 |
| 1533.99, 1541.03, 1548.06, 1707.01, 1707.17, 1707.19, 1707.20, | 296 |
| 1707.22, 1707.23, 1707.25, 1707.261, 1707.431, 1707.44, 1707.46, | 297 |
| 1711.52, 1711.53, 1713.03, 1751.03, 1751.04, 1751.05, 1751.89, | 298 |
| 1901.26, 1901.31, 1907.24, 2113.041, 2117.061, 2151.352, 2151.416, | 299 |
| 2152.43, 2152.44, 2152.74, 2303.201, 2305.234, 2329.66, 2743.191, | 300 |
| 2744.05, 2744.08, 2901.07, 2913.40, 2921.13, 2923.25, 2971.05, | 301 |
| 3107.10, 3111.04, 3119.54, 3121.12, 3121.50, 3125.18, 3301.079, | 302 |
| 3301.0710, 3301.0711, 3301.0714, 3301.0715, 3301.12, 3301.16, | 303 |
| 3301.311, 3301.32, 3301.56, 3301.86, 3301.88, 3302.03, 3311.059, | 304 |
| 3313.207, 3313.208, 3313.209, 3313.489, 3313.975, 3313.976, | 305 |
| 3313.977, 3313.978, 3313.98, 3314.01, 3314.013, 3314.015, 3314.02, | 306 |
| 3314.021, 3314.03, 3314.031, 3314.032, 3314.033, 3314.06, | 307 |
| 3314.074, 3314.08, 3314.13, 3314.17, 3315.17, 3315.18, 3315.37, | 308 |
| 3316.06, 3316.16, 3317.013, 3317.02, 3317.021, 3317.022, 3317.023, | 309 |
| 3317.024, 3317.026, 3317.027, 3317.028, 3317.029, 3317.0216, | 310 |
| 3317.0217, 3317.03, 3317.031, 3317.05, 3317.052, 3317.053, | 311 |
| 3317.06, 3317.063, 3317.07, 3317.081, 3317.09, 3317.10, 3317.16, | 312 |
| 3317.20, 3317.21, 3317.22, 3317.23, 3317.50, 3317.51, 3318.091, | 313 |
| 3318.33, 3319.081, 3319.17, 3319.22, 3319.235, 3319.55, 3323.021, | 314 |
| 3323.091, 3323.14, 3323.16, 3327.01, 3332.092, 3333.04, 3333.044, | 315 |
| 3333.12, 3333.121, 3333.27, 3333.28, 3333.36, 3333.38, 3334.01, | 316 |
| 3334.02, 3334.03, 3334.07, 3334.08, 3334.09, 3334.10, 3334.11, | 317 |
| 3334.12, 3334.15, 3334.16, 3334.17, 3334.18, 3334.19, 3335.02, | 318 |
| 3345.10, 3345.19, 3345.32, 3353.01, 3353.04, 3353.06, 3353.07, | 319 |
| 3362.02, 3365.01, 3365.02, 3375.48, 3375.49, 3375.54, 3375.55, | 320 |
| 3381.02, 3381.04, 3381.05, 3381.06, 3381.07, 3381.15, 3383.02, | 321 |
| 3383.09, 3501.17, 3517.13, 3517.151, 3701.023, 3701.146, 3701.65, | 322 |
| 3702.141, 3702.51, 3702.68, 3702.71, 3702.74, 3703.01, 3703.03, | 323 |
| 3703.04, 3703.05, 3703.06, 3703.07, 3703.08, 3703.10, 3703.99, | 324 |
| 3704.035, 3704.143, 3704.99, 3705.24, 3709.29, 3709.34, 3712.03, | 325 |
| 3714.07, 3721.01, 3721.011, 3721.02, 3721.03, 3721.07, 3721.15, | 326 |
| 3721.19, 3721.21, 3721.50, 3721.51, 3721.52, 3721.56, 3721.58, | 327 |
| 3722.01, 3722.02, 3722.04, 3734.01, 3734.20, 3734.21, 3734.22, | 328 |
| 3734.23, 3734.28, 3734.57, 3734.573, 3734.85, 3734.901, 3734.9010, | 329 |
| 3735.27, 3743.01, 3743.02, 3743.04, 3743.05, 3743.06, 3743.15, | 330 |
| 3743.17, 3743.18, 3743.19, 3743.57, 3743.59, 3743.65, 3743.75, | 331 |
| 3745.11, 3745.12, 3746.04, 3746.071, 3748.07, 3748.13, 3773.34, | 332 |
| 3773.38, 3773.39, 3773.40, 3773.57, 3781.07, 3781.10, 3781.102, | 333 |
| 3793.09, 3901.021, 3901.17, 3901.3814, 3901.78, 3903.14, 3903.42, | 334 |
| 3905.04, 3905.36, 3905.40, 3923.27, 4112.12, 4115.03, 4115.032, | 335 |
| 4115.071, 4115.32, 4115.34, 4117.10, 4117.24, 4121.12, 4121.121, | 336 |
| 4121.125, 4123.27, 4123.44, 4123.47, 4301.10, 4301.43, 4303.182, | 337 |
| 4501.01, 4501.37, 4503.103, 4503.471, 4503.48, 4503.50, 4503.53, | 338 |
| 4503.571, 4503.59, 4503.73, 4503.85, 4503.91, 4505.06, 4506.03, | 339 |
| 4506.07, 4511.191, 4511.75, 4517.01, 4519.01, 4519.02, 4519.09, | 340 |
| 4561.17, 4561.18, 4561.21, 4703.15, 4705.09, 4709.05, 4713.02, | 341 |
| 4717.05, 4723.32, 4723.63, 4731.65, 4731.71, 4736.11, 4736.12, | 342 |
| 4740.14, 4753.03, 4753.06, 4753.071, 4753.08, 4753.09, 4755.03, | 343 |
| 4755.48, 4766.09, 4905.10, 4905.54, 4905.95, 4911.18, 4973.171, | 344 |
| 5101.16, 5101.181, 5101.21, 5101.241, 5101.26, 5101.31, 5101.35, | 345 |
| 5101.36, 5101.46, 5101.47, 5101.75, 5101.752, 5101.80, 5101.801, | 346 |
| 5101.821, 5104.01, 5104.02, 5104.30, 5104.32, 5104.38, 5107.05, | 347 |
| 5107.10, 5107.26, 5107.30, 5107.58, 5110.01, 5110.05, 5110.352, | 348 |
| 5110.39, 5111.011, 5111.019, 5111.0112, 5111.02, 5111.021, | 349 |
| 5111.022, 5111.023, 5111.025, 5111.042, 5111.06, 5111.082, | 350 |
| 5111.11, 5111.111, 5111.113, 5111.16, 5111.17, 5111.172, 5111.19, | 351 |
| 5111.20, 5111.204, 5111.21, 5111.22, 5111.221, 5111.23, 5111.231, | 352 |
| 5111.235, 5111.241, 5111.25, 5111.251, 5111.255, 5111.257, | 353 |
| 5111.26, 5111.261, 5111.263, 5111.264, 5111.27, 5111.28, 5111.29, | 354 |
| 5111.291, 5111.30, 5111.31, 5111.32, 5111.33, 5111.62, 5111.81, | 355 |
| 5111.85, 5111.87, 5111.871, 5111.88, 5111.911, 5111.97, 5111.99, | 356 |
| 5112.03, 5112.08, 5112.17, 5112.30, 5112.31, 5115.20, 5115.22, | 357 |
| 5115.23, 5119.61, 5120.09, 5120.51, 5121.01, 5121.02, 5121.03, | 358 |
| 5121.04, 5121.05, 5121.06, 5121.061, 5121.07, 5121.08, 5121.09, | 359 |
| 5121.10, 5121.11, 5121.12, 5121.21, 5122.03, 5122.31, 5123.01, | 360 |
| 5123.045, 5123.046, 5123.047, 5123.049, 5123.0412, 5123.34, | 361 |
| 5123.41, 5123.701, 5123.71, 5123.76, 5126.01, 5126.035, 5126.042, | 362 |
| 5126.054, 5126.055, 5126.056, 5126.057, 5126.12, 5139.01, 5139.36, | 363 |
| 5153.16, 5502.01, 5531.10, 5540.01, 5540.09, 5552.01, 5703.052, | 364 |
| 5703.053, 5703.26, 5703.50, 5703.70, 5703.80, 5703.99, 5705.091, | 365 |
| 5705.19, 5705.391, 5711.16, 5711.21, 5711.22, 5711.28, 5715.01, | 366 |
| 5715.24, 5725.01, 5725.19, 5727.01, 5727.02, 5727.06, 5727.08, | 367 |
| 5727.10, 5727.11, 5727.111, 5727.12, 5727.23, 5727.47, 5727.81, | 368 |
| 5727.82, 5727.84, 5727.85, 5727.99, 5728.01, 5728.02, 5728.03, | 369 |
| 5728.04, 5728.06, 5728.08, 5728.99, 5729.08, 5731.01, 5731.05, | 370 |
| 5731.131, 5731.14, 5731.18, 5731.181, 5731.39, 5731.41, 5731.99, | 371 |
| 5733.01, 5733.065, 5733.066, 5733.33, 5733.351, 5733.352, 5733.40, | 372 |
| 5733.41, 5733.49, 5733.98, 5733.99, 5735.99, 5737.03, 5739.01, | 373 |
| 5739.02, 5739.021, 5739.025, 5739.026, 5739.03, 5739.033, | 374 |
| 5739.034, 5739.035, 5739.09, 5739.10, 5739.12, 5739.16, 5739.17, | 375 |
| 5739.99, 5741.02, 5741.16, 5741.99, 5743.01, 5743.02, 5743.03, | 376 |
| 5743.05, 5743.071, 5743.08, 5743.10, 5743.111, 5743.112, 5743.14, | 377 |
| 5743.15, 5743.16, 5743.18, 5743.19, 5743.20, 5743.32, 5743.33, | 378 |
| 5743.99, 5747.01, 5747.012, 5747.02, 5747.05, 5747.08, 5747.212, | 379 |
| 5747.331, 5747.70, 5747.80, 5747.98, 5747.99, 5749.02, 5907.15, | 380 |
| 5919.33, 5920.01, 6109.21, 6121.04, and 6123.04 be amended; that | 381 |
| sections 181.251 (5502.63), 181.51 (5502.61), 181.52 (5502.62), | 382 |
| 181.54 (5502.64), 181.55 (5502.65), 181.56 (5502.66), 3314.031 | 383 |
| (3314.21), 3314.032 (3314.22), 3314.033 (3314.23), 3314.034 | 384 |
| (3314.24), 3317.21 (3318.47), 3317.22 (3318.48), 3317.23 | 385 |
| (3318.49), 4115.21 (4115.16), 4723.63 (4723.91), 5101.75 (173.42), | 386 |
| 5101.752 (173.43), 5111.02 (5111.021), 5111.021 (5111.022), | 387 |
| 5111.022 (5111.023), 5111.023 (5111.0115), 5111.112 (5111.113), | 388 |
| 5111.113 (5111.114), 5111.231 (5111.232), 5111.257 (5111.258), | 389 |
| 5111.81 (5111.085), 5111.88 (5111.97), 5111.97 (5111.86), 5121.01 | 390 |
| (5121.02), 5121.02 (5121.03), and 5121.03 (5121.01) be amended for | 391 |
| the purpose of adopting new section numbers as indicated in | 392 |
| parentheses; that Section 41.36 of Am. Sub. H.B. 95 of the 125th | 393 |
| General Assembly be amended and that Section 41.36 of Am. Sub. | 394 |
| H.B. 95 of the 125th General Assembly be amended for the purpose | 395 |
| of codifying it as section 3323.19 of the Revised Code; that new | 396 |
| sections 3317.012, 3353.02, 3353.03, 3704.14, 4723.63, 5111.02, | 397 |
| 5111.112, 5111.231, 5111.24, 5111.257, 5111.88, and 5123.048 and | 398 |
| sections 9.23, 9.231, 9.232, 9.233, 9.234, 9.235, 9.236, 9.237, | 399 |
| 9.238, 9.239, 9.241, 101.391, 103.132, 109.579, 109.981, 120.07, | 400 |
| 120.36, 121.373, 121.381, 121.382, 121.403, 122.075, 122.083, | 401 |
| 122.12, 122.121, 122.172, 122.73, 125.18, 125.25, 125.60, 125.601, | 402 |
| 125.602, 125.603, 125.604, 125.605, 125.606, 125.607, 125.608, | 403 |
| 125.609, 125.6010, 125.6011, 125.6012, 131.51, 153.02, 173.39, | 404 |
| 173.391, 173.392, 173.393, 173.44, 173.45, 173.46, 173.47, 173.48, | 405 |
| 173.49, 173.50, 306.331, 341.192, 901.44, 907.111, 1533.122, | 406 |
| 1547.721, 1547.722, 1547.723, 1547.724, 1547.725, 1547.726, | 407 |
| 1707.164, 1707.165, 1711.531, 1751.271, 2151.282, 2151.652, | 408 |
| 2305.2341, 2307.65, 2744.082, 2913.401, 2927.023, 3125.191, | 409 |
| 3302.10, 3310.01, 3310.02, 3310.03, 3310.04, 3310.05, 3310.06, | 410 |
| 3310.07, 3310.08, 3310.09, 3310.10, 3310.13, 3310.14, 3310.16, | 411 |
| 3310.17, 3311.11, 3313.6410, 3314.016, 3314.061, 3314.084, | 412 |
| 3314.085, 3314.12, 3314.18, 3314.19, 3314.25, 3314.26, 3314.27, | 413 |
| 3314.28, 3314.35, 3314.36, 3316.043, 3317.016, 3317.017, 3317.201, | 414 |
| 3318.18, 3319.06, 3319.0810, 3319.172, 3323.20, 3323.30, 3323.31, | 415 |
| 3323.32, 3323.33, 3325.10, 3325.11, 3325.12, 3325.15, 3325.16, | 416 |
| 3325.17, 3333.047, 3333.122, 3333.123, 3333.162, 3354.25, | 417 |
| 3701.073, 3702.83, 3704.144, 3705.242, 3714.073, 3715.04, | 418 |
| 3721.032, 3721.541, 3721.561, 3745.015, 3745.114, 3770.061, | 419 |
| 3781.191, 3903.421, 4115.36, 4117.103, 4121.126, 4121.127, | 420 |
| 4121.128, 4123.441, 4123.444, 4123.445, 4501.07, 4506.101, | 421 |
| 4506.161, 4713.441, 4723.61, 4723.62, 4723.621, 4723.64, 4723.65, | 422 |
| 4723.66, 4723.67, 4723.68, 4723.69, 4766.14, 4912.01, 5101.07, | 423 |
| 5101.071, 5101.163, 5101.244, 5101.461, 5101.802, 5101.803, | 424 |
| 5101.93, 5101.94, 5107.301, 5111.0114, 5111.027, 5111.028, | 425 |
| 5111.061, 5111.062, 5111.083, 5111.084, 5111.10, 5111.161, | 426 |
| 5111.162, 5111.163, 5111.164, 5111.165, 5111.176, 5111.191, | 427 |
| 5111.222, 5111.223, 5111.242, 5111.243, 5111.244, 5111.254, | 428 |
| 5111.265, 5111.266, 5111.65, 5111.651, 5111.66, 5111.661, 5111.67, | 429 |
| 5111.671, 5111.672, 5111.673, 5111.674, 5111.675, 5111.676, | 430 |
| 5111.677, 5111.68, 5111.681, 5111.682, 5111.683, 5111.684, | 431 |
| 5111.685, 5111.686, 5111.687, 5111.688, 5111.851, 5111.852, | 432 |
| 5111.853, 5111.854, 5111.855, 5111.856, 5111.881, 5111.882, | 433 |
| 5111.883, 5111.884, 5111.885, 5111.886, 5111.887, 5111.888, | 434 |
| 5111.889, 5111.89, 5111.891, 5111.892, 5111.893, 5111.914, | 435 |
| 5111.915, 5111.971, 5111.98, 5112.341, 5121.30, 5121.31, 5121.32, | 436 |
| 5121.33, 5121.34, 5121.35, 5121.36, 5121.37, 5121.38, 5121.39, | 437 |
| 5121.40, 5121.41, 5121.42, 5121.43, 5121.44, 5121.45, 5121.46, | 438 |
| 5121.47, 5121.49, 5121.50, 5121.51, 5121.52, 5121.53, 5121.54, | 439 |
| 5121.55, 5123.16, 5540.032, 5703.057, 5707.031, 5709.112, 5725.32, | 440 |
| 5727.031, 5727.241, 5727.812, 5729.032, 5739.012, 5739.36, | 441 |
| 5743.031, 5743.072, 5743.71, 5747.056, 5751.01, 5751.011, | 442 |
| 5751.012, 5751.013, 5751.02, 5751.03, 5751.031, 5751.032, | 443 |
| 5751.033, 5751.04, 5751.05, 5751.051, 5751.06, 5751.07, 5751.08, | 444 |
| 5751.081, 5751.09, 5751.10, 5751.11, 5751.12, 5751.20, 5751.21, | 445 |
| 5751.22, 5751.23, 5751.31, 5751.50, 5751.51, 5751.52, 5751.53, | 446 |
| 5751.98, 5751.99, 5919.31, 5919.341, 6111.30, 6111.31, and 6111.32 | 447 |
| of the Revised Code be enacted to read as follows: | 448 |
| Sec. 9.23. As used in sections 9.23 to 9.239 of the Revised | 449 |
| Code: | 450 |
| (A) "Allocable nondirect costs" means the amount of nondirect | 451 |
| costs allocated as a result of actual expenditures on direct | 452 |
| costs. "Allocable nondirect costs" shall be calculated as follows: | 453 |
| direct costs actually incurred for the provision of services | 454 |
| pursuant to a contract entered into under section 9.231 of the | 455 |
| Revised Code divided by the minimum percentage of money that is to | 456 |
| be expended on the recipient's direct costs, as specified in the | 457 |
| contract, minus the direct costs actually incurred. | 458 |
| (B) "Contract payment earned" means payment pursuant to a | 459 |
| contract entered into under section 9.231 of the Revised Code for | 460 |
| direct costs actually incurred in performing the contract, up to | 461 |
| the minimum percentage of money that is to be expended on the | 462 |
| recipient's direct costs, as specified in the contract, plus | 463 |
| allocable nondirect costs associated with those direct costs. | 464 |
| (C) "Direct costs" means the costs of providing services that | 465 |
| directly benefit a patient, client, or the public and that are set | 466 |
| forth in the contract entered into under section 9.231 of the | 467 |
| Revised Code. "Direct costs" does not include the costs of any | 468 |
| financial review or audit required under section 9.234 of the | 469 |
| Revised Code. | 470 |
| (D)(1) "Governmental entity" means a state agency or a | 471 |
| political subdivision of the state. | 472 |
| (2) "Contracting authority" of a governmental entity means | 473 |
| the director or chief executive officer, in the case of a state | 474 |
| agency, or the legislative authority, in the case of a political | 475 |
| subdivision. | 476 |
| (E) "Minimum percentage of money that is to be expended on | 477 |
| the recipient's direct costs" means the percentage of the total | 478 |
| amount of the contract entered into under section 9.231 of the | 479 |
| Revised Code that, at a minimum, has to be expended on the | 480 |
| recipient's direct costs in performing the contract in order for | 481 |
| the recipient to earn the total amount of the contract. | 482 |
| (F) "Political subdivision" means a county, township, | 483 |
| municipal corporation, or any other body corporate and politic | 484 |
| that is responsible for government activities in a geographic area | 485 |
| smaller than that of the state. | 486 |
| (G) "Recipient" means a person that enters into a contract | 487 |
| with a governmental entity under section 9.231 of the Revised | 488 |
| Code. | 489 |
| (H) "State agency" means any organized body, office, agency, | 490 |
| institution, or other entity established by the laws of the state | 491 |
| for the exercise of any function of state government. | 492 |
| (I) A judgment is "uncollectible" if, at least ninety days | 493 |
| after the judgment is obtained, the full amount of the judgment | 494 |
| has not been collected and either a settlement agreement between | 495 |
| the governmental entity and the recipient has not been entered | 496 |
| into or a settlement agreement has been entered into but has not | 497 |
| been materially complied with. | 498 |
| Sec. 9.231. (A)(1) Subject to divisions (A)(2) and (3) of | 499 |
| this section, a governmental entity shall not disburse money | 500 |
| totaling twenty-five thousand dollars or more to any person for | 501 |
| the provision of services for the primary benefit of individuals | 502 |
| or the public and not for the primary benefit of a governmental | 503 |
| entity or the employees of a governmental entity, unless the | 504 |
| contracting authority of the governmental entity first enters into | 505 |
| a written contract with the person that is signed by the person or | 506 |
| by an officer or agent of the person authorized to legally bind | 507 |
| the person and that embodies all of the requirements and | 508 |
| conditions set forth in sections 9.23 to 9.236 of the Revised | 509 |
| Code. If the disbursement of money occurs over the course of a | 510 |
| governmental entity's fiscal year, rather than in a lump sum, the | 511 |
| contracting authority of the governmental entity shall enter into | 512 |
| the written contract with the person at the point during the | 513 |
| governmental entity's fiscal year that at least seventy-five | 514 |
| thousand dollars has been disbursed by the governmental entity to | 515 |
| the person. Thereafter, the contracting authority of the | 516 |
| governmental entity shall enter into the written contract with the | 517 |
| person at the beginning of the governmental entity's fiscal year, | 518 |
| if, during the immediately preceding fiscal year, the governmental | 519 |
| entity disbursed to that person an aggregate amount totaling at | 520 |
| least seventy-five thousand dollars. | 521 |
| (2) If the money referred to in division (A)(1) of this | 522 |
| section is disbursed by or through more than one state agency to | 523 |
| the person for the provision of services to the same population, | 524 |
| the contracting authorities of those agencies shall determine | 525 |
| which one of them will enter into the written contract with the | 526 |
| person. | 527 |
| (3) The requirements and conditions set forth in divisions | 528 |
| (A), (B), (C), and (F) of section 9.232, divisions (A)(1) and (2) | 529 |
| of section 9.234, divisions (A)(2) and (B) of section 9.235, and | 530 |
| sections 9.233 and 9.236 of the Revised Code do not apply with | 531 |
| respect to the following: | 532 |
| (a) Contracts to which all of the following apply: | 533 |
| (i) The amount received for the services is a set fee for | 534 |
| each time the services are provided, is determined in accordance | 535 |
| with a fixed rate per unit of time or per service, or is a | 536 |
| capitated rate, and the fee or rate is established by competitive | 537 |
| bidding or by a market rate survey of similar services provided in | 538 |
| a defined market area. The market rate survey may be one conducted | 539 |
| by or on behalf of the governmental entity or an independent | 540 |
| survey accepted by the governmental entity as statistically valid | 541 |
| and reliable. | 542 |
| (ii) The services are provided in accordance with standards | 543 |
| established by state or federal law, or by rules or regulations | 544 |
| adopted thereunder, for their delivery, which standards are | 545 |
| enforced by the federal government, a governmental entity, or an | 546 |
| accrediting organization recognized by the federal government or a | 547 |
| governmental entity. | 548 |
| (iii) Payment for the services is made after the services are | 549 |
| delivered and upon submission to the governmental entity of an | 550 |
| invoice or other claim for payment as required by any applicable | 551 |
| local, state, or federal law or, if no such law applies, by the | 552 |
| terms of the contract. | 553 |
| (b) Contracts under which the services are reimbursed through | 554 |
| or in a manner consistent with a federal program that meets all of | 555 |
| the following requirements: | 556 |
| (i) The program calculates the reimbursement rate on the | 557 |
| basis of the previous year's experience or in accordance with an | 558 |
| alternative method set forth in rules adopted by the Ohio | 559 |
| department of job and family services. | 560 |
| (ii) The reimbursement rate is derived from a breakdown of | 561 |
| direct and indirect costs. | 562 |
| (iii) The program's guidelines describe types of expenditures | 563 |
| that are allowable and not allowable under the program and | 564 |
| delineate which costs are acceptable as direct costs for purposes | 565 |
| of calculating the reimbursement rate. | 566 |
| (iv) The program includes a uniform cost reporting system | 567 |
| with specific audit requirements. | 568 |
| (c) Contracts under which the services are reimbursed through | 569 |
| or in a manner consistent with a federal program that calculates | 570 |
| the reimbursement rate on a fee for service basis in compliance | 571 |
| with United States office of management and budget Circular A-87, | 572 |
| as revised May 10, 2004. | 573 |
| (d) Contracts for medicaid-funded services, other than the | 574 |
| services described in division (B)(2)(b) of this section, that are | 575 |
| authorized by rules adopted by the department of job and family | 576 |
| services. | 577 |
| (e) Contracts for services that are paid pursuant to the | 578 |
| earmarking of an appropriation made by the general assembly for | 579 |
| that purpose. | 580 |
| (B) Division (A) of this section does not apply if the money | 581 |
| is transferred to a person pursuant to a contract with the United | 582 |
| States or a governmental entity under any of the following | 583 |
| circumstances: | 584 |
| (1) The person receives the money directly or indirectly from | 585 |
| the United States, and no governmental entity exercises any | 586 |
| oversight or control over the use of the money. | 587 |
| (2) The person receives the money solely in return for the | 588 |
| performance of one or more of the following types of services: | 589 |
| (a) Medical, therapeutic, or other health-related services | 590 |
| provided by a person if the amount received is a set fee for each | 591 |
| time the person provides the services, is determined in accordance | 592 |
| with a fixed rate per unit of time, or is a capitated rate, and | 593 |
| the fee or rate is reasonable and customary in the person's trade | 594 |
| or profession; | 595 |
| (b) Medicaid-funded services provided by a nursing home, | 596 |
| hospital, or intermediate care facility for the mentally retarded | 597 |
| for which payment is calculated on the basis of the person's cost | 598 |
| of providing the services. For purposes of division (B)(2)(b) of | 599 |
| this section, "medicaid" has the same meaning as in section | 600 |
| 5111.01 of the Revised Code; "nursing home" means a nursing home | 601 |
| or home for the aging, as those terms are defined in section | 602 |
| 3721.01 of the Revised Code, that is issued a license pursuant to | 603 |
| section 3721.02 of the Revised Code; "hospital" means a facility | 604 |
| that meets the operating standards of section 3727.02 of the | 605 |
| Revised Code; and "intermediate care facility for the mentally | 606 |
| retarded" has the same meaning as in section 5111.20 of the | 607 |
| Revised Code. | 608 |
| (c) Services, other than administrative or management | 609 |
| services or any of the services described in division (B)(2)(a) or | 610 |
| (b) of this section, that are commonly purchased by the public at | 611 |
| an hourly rate or at a set fee for each time the services are | 612 |
| provided, unless the services are performed for the benefit of | 613 |
| children, persons who are eligible for the services by reason of | 614 |
| advanced age, medical condition, or financial need, or persons who | 615 |
| are confined in a detention facility as defined in section 2921.01 | 616 |
| of the Revised Code, and the services are intended to help promote | 617 |
| the health, safety, or welfare of those children or persons; | 618 |
| (d) Educational services provided by a school to children | 619 |
| eligible to attend that school. For purposes of division (B)(2)(d) | 620 |
| of this section, "school" means any school operated by a school | 621 |
| district board of education, any community school established | 622 |
| under Chapter 3314. of the Revised Code, or any nonpublic school | 623 |
| for which the state board of education prescribes minimum | 624 |
| education standards under section 3301.07 of the Revised Code. | 625 |
| (e) Services provided by a foster home as defined in section | 626 |
| 5103.02 of the Revised Code; | 627 |
| (f) "Routine business services other than administrative or | 628 |
| management services," as that term is defined by the attorney | 629 |
| general by rule adopted in accordance with Chapter 119. of the | 630 |
| Revised Code; | 631 |
| (g) Services to protect the environment or promote | 632 |
| environmental education that are provided by a nonprofit entity or | 633 |
| services to protect the environment that are funded with federal | 634 |
| grants or revolving loan funds and administered in accordance with | 635 |
| federal law. | 636 |
| (3) The person receives the money solely in return for the | 637 |
| performance of services intended to help preserve public health or | 638 |
| safety under circumstances requiring immediate action as a result | 639 |
| of a natural or man-made emergency. | 640 |
| (C) With respect to a nonprofit association, corporation, or | 641 |
| organization established for the purpose of providing educational, | 642 |
| technical, consulting, training, financial, or other services to | 643 |
| its members in exchange for membership dues and other fees, any of | 644 |
| the services provided to a member that is a governmental entity | 645 |
| shall, for purposes of this section, be considered services "for | 646 |
| the primary benefit of a governmental entity or the employees of a | 647 |
| governmental entity." | 648 |
| Sec. 9.232. A contract entered into under section 9.231 of | 649 |
| the Revised Code shall, at a minimum, set forth all of the | 650 |
| following: | 651 |
| (A) The minimum percentage of money that is to be expended on | 652 |
| the recipient's direct costs; | 653 |
| (B) The records that a recipient must maintain to document | 654 |
| direct costs; | 655 |
| (C) If some of the recipient's obligations under the contract | 656 |
| involve the performance of any of the types of services described | 657 |
| in division (B)(2)(a), (c), or (f) of section 9.231 of the Revised | 658 |
| Code, the name and telephone number of the individual designated | 659 |
| by the governmental entity as the contact for obtaining approval | 660 |
| of contract amounts for purposes of division (A)(2)(a)(ii) of | 661 |
| section 9.235 of the Revised Code; | 662 |
| (D) The financial review and audit requirements established | 663 |
| under section 9.234 of the Revised Code and by rules of the | 664 |
| auditor of state adopted under section 9.238 of the Revised Code | 665 |
| or, with respect to any contract described in division (A)(3) of | 666 |
| section 9.231 of the Revised Code, the financial review or audit | 667 |
| requirements established for purposes of that contract; | 668 |
| (E) The provisions established by rules of the attorney | 669 |
| general adopted under section 9.237 of the Revised Code; | 670 |
| (F) Permissible dispositions of money received by a recipient | 671 |
| in excess of the contract payment earned, if the excess is not to | 672 |
| be repaid to the governmental entity. | 673 |
| Sec. 9.233. (A) A recipient shall be entitled to the contract | 674 |
| payment earned. In no event shall a recipient be entitled to more | 675 |
| than the contract payment earned. A recipient shall repay any | 676 |
| money received in excess of the contract payment earned to the | 677 |
| governmental entity or, if a different disposition is provided for | 678 |
| in the recipient's contract with the governmental entity, dispose | 679 |
| of that money in accordance with the terms of the contract. | 680 |
| (B) In order to determine the contract payment earned, all | 681 |
| financial books and records open to inspection pursuant to section | 682 |
| 9.235 of the Revised Code shall be held to standards consistent | 683 |
| with generally accepted accounting principles. | 684 |
| Sec. 9.234. (A) Unless otherwise explicitly provided in the | 685 |
| Revised Code, a recipient shall do all of the following: | 686 |
| (1) With respect to any money received prior to the | 687 |
| performance of the recipient's obligations under the contract | 688 |
| entered into under section 9.231 of the Revised Code, and any | 689 |
| money received in excess of the contract payment earned, keep | 690 |
| current and accurate records of the receipt and use of the money | 691 |
| in a manner consistent with the contract; | 692 |
| (2) With respect to any money received after the recipient | 693 |
| has performed its obligations under the contract entered into | 694 |
| under section 9.231 of the Revised Code, keep current and accurate | 695 |
| records of the recipient's expenditures on direct costs; | 696 |
| (3) Annually provide the contracting authority of the | 697 |
| governmental entity with a report that includes both of the | 698 |
| following: | 699 |
| (a) An audit report or financial review, if a financial audit | 700 |
| or review is required by the applicable state or federal grant | 701 |
| program; an audit report, if a financial audit is required by | 702 |
| division (B)(3) of this section; a financial review, if a | 703 |
| financial review is required by division (B)(2) of this section; a | 704 |
| financial review, if a financial review is required by division | 705 |
| (B)(1) of this section and is not waived; or financial statements, | 706 |
| major categories of expenditure of the money, and a summary of the | 707 |
| activities for which the recipient used the money; | 708 |
| (b) Any other information that may be required by the | 709 |
| contract. | 710 |
| (B) If a financial audit or review is not otherwise required | 711 |
| with respect to a contract, the following apply: | 712 |
| (1) A recipient that, pursuant to one or more contracts | 713 |
| entered into under section 9.231 of the Revised Code, receives | 714 |
| money totaling at least one hundred thousand dollars but less than | 715 |
| three hundred thousand dollars in any fiscal year shall have a | 716 |
| financial review performed for each fiscal year in which it | 717 |
| receives that amount of money in accordance with the financial | 718 |
| review standards of the American institute of certified public | 719 |
| accountants. The financial review shall be performed by an | 720 |
| independent public accounting firm. The financial review contract | 721 |
| between the recipient and the firm shall provide that the state is | 722 |
| an intended third-party beneficiary of the contract. | 723 |
| This financial review requirement may be waived, however, if | 724 |
| the contracting authority of each governmental entity from which | 725 |
| the recipient received money that fiscal year pursuant to a | 726 |
| contract entered into under section 9.231 of the Revised Code | 727 |
| agrees to the waiver. | 728 |
| (2) A recipient that, pursuant to one or more contracts | 729 |
| entered into under section 9.231 of the Revised Code, receives | 730 |
| money totaling at least three hundred thousand dollars but less | 731 |
| than five hundred thousand dollars in any fiscal year shall have a | 732 |
| financial review performed for each fiscal year in which it | 733 |
| receives that amount of money in accordance with the financial | 734 |
| review standards of the American institute of certified public | 735 |
| accountants. The financial review shall be performed by an | 736 |
| independent public accounting firm. The financial review contract | 737 |
| between the recipient and the firm shall provide that the state is | 738 |
| an intended third-party beneficiary of the contract. | 739 |
| (3) A recipient that, pursuant to one or more contracts | 740 |
| entered into under section 9.231 of the Revised Code, receives | 741 |
| money totaling five hundred thousand dollars or more in any fiscal | 742 |
| year shall have a financial audit performed for each fiscal year | 743 |
| in which it receives that amount of money according to generally | 744 |
| accepted auditing standards by an independent public accounting | 745 |
| firm. The audit contract between the recipient and the firm shall | 746 |
| provide that the state is an intended third-party beneficiary of | 747 |
| the contract. The audit shall comply with rules adopted by the | 748 |
| auditor of state under section 9.238 of the Revised Code. An audit | 749 |
| performed pursuant to the federal "Single Audit Act of 1984," 98 | 750 |
| Stat. 2327, 31 U.S.C. 7501 et seq., as amended, is sufficient if | 751 |
| the state is an intended third-party beneficiary of the audit | 752 |
| contract. | 753 |
| (C)(1) An audit conducted by the auditor of state pursuant to | 754 |
| any other provision of the Revised Code is sufficient for purposes | 755 |
| of division (B) of this section. | 756 |
| (2) The references in division (B) of this section to fiscal | 757 |
| year mean the recipient's fiscal year. | 758 |
| (D) Nothing in this section shall be construed to limit in | 759 |
| any way the authority of the auditor of state to conduct audits | 760 |
| pursuant to any other provision of the Revised Code. | 761 |
| Sec. 9.235. (A)(1) Subject to division (A)(2) of this | 762 |
| section, the financial books and records of a recipient, and the | 763 |
| financial books and records of any person with which the recipient | 764 |
| contracts for the performance of the recipient's obligations under | 765 |
| the recipient's contract with the governmental entity, shall be | 766 |
| open to inspection by the governmental entity and by the state | 767 |
| from the time the recipient first applies for payment under the | 768 |
| contract. If the recipient is paid before the performance of its | 769 |
| obligations under the contract, the financial books and records of | 770 |
| the recipient and of any person with which the recipient contracts | 771 |
| for the performance of the recipient's obligations shall be open | 772 |
| to inspection from the first anniversary of the payment or from | 773 |
| any earlier date that the contract may provide. | 774 |
| (2) Division (A)(1) of this section does not apply to any | 775 |
| person that contracts with the recipient solely for the | 776 |
| performance of some of the recipient's obligations under the | 777 |
| recipient's contract with the governmental entity that directly | 778 |
| benefit the recipient's patients or clients, if either of the | 779 |
| following applies: | 780 |
| (a) The services provided by the person are any of the types | 781 |
| of services described in division (B)(2)(a), (c), or (f) of | 782 |
| section 9.231 of the Revised Code and the full amount of the | 783 |
| person's contract constitutes direct costs for the recipient and | 784 |
| is reasonable and customary in the person's trade or profession. | 785 |
| For purposes of division (A)(2)(a) of this section, the amount of | 786 |
| the person's contract with the recipient shall be considered | 787 |
| "reasonable and customary in the person's trade or profession" if | 788 |
| any of the following applies: | 789 |
| (i) The amount is equal to or less than the maximum amount | 790 |
| for those services specified in the recipient's contract with the | 791 |
| governmental entity. | 792 |
| (ii) The amount was approved by the governmental entity after | 793 |
| the recipient entered into the contract with the governmental | 794 |
| entity. | 795 |
| (iii) A maximum amount for those services was specified in | 796 |
| the recipient's contract with the governmental entity, the | 797 |
| recipient's original contract with a person for the performance of | 798 |
| those services was subsequently canceled or otherwise unfulfilled, | 799 |
| the recipient entered into a replacement contract with another | 800 |
| person, and the amount of that contract is not more than | 801 |
| twenty-five per cent above the maximum amount for the services | 802 |
| specified in the recipient's contract with the governmental | 803 |
| entity. | 804 |
| (b) The services provided by the person are any of the types | 805 |
| of services described in division (B)(2)(b), (d), or (e) of | 806 |
| section 9.231 of the Revised Code. | 807 |
| (B)(1) Subject to division (B)(2) of this section, if a | 808 |
| recipient contracts with another person for the performance of | 809 |
| some or all of the recipient's obligations under the recipient's | 810 |
| contract with the governmental entity, the recipient shall be | 811 |
| entitled to claim spending by the other person as direct costs | 812 |
| only to the extent the other person has spent money on direct | 813 |
| costs in the performance of the recipient's obligations and only | 814 |
| if the other person complies with all of the terms and conditions | 815 |
| relating to the performance that the recipient is required to | 816 |
| comply with under the contract with the governmental entity. | 817 |
| (2) The conditions set forth in division (B)(1) of this | 818 |
| section do not apply with respect to any person described in | 819 |
| division (A)(2) of this section. | 820 |
| (C)(1) Nothing in this section shall be construed as making | 821 |
| any record of the receipt or expenditure of nonpublic money a | 822 |
| public record for purposes of section 149.43 of the Revised Code. | 823 |
| (2) Division (C)(1) of this section does not limit in any way | 824 |
| the authority of the auditor of state to conduct audits or other | 825 |
| investigations when public money is commingled with nonpublic | 826 |
| money. | 827 |
| Sec. 9.236. (A) A recipient is liable to repay to the | 828 |
| governmental entity any money received in excess of the contract | 829 |
| payment earned. | 830 |
| (B)(1) A governmental entity may bring a civil action for the | 831 |
| recovery of money due to the governmental entity from a recipient | 832 |
| under division (A) of this section. In such an action, any person | 833 |
| with which the recipient has contracted for the performance of the | 834 |
| recipient's material obligations to a group of beneficiaries under | 835 |
| the recipient's contract with the governmental entity may be made | 836 |
| a party defendant if the person is unable to demonstrate to the | 837 |
| satisfaction of the governmental entity that the person has | 838 |
| materially complied with the terms of the contract with the | 839 |
| recipient. In such a case, the person may be made a party | 840 |
| defendant and the governmental entity may obtain a judgment | 841 |
| against the person in accordance with division (B)(2) of this | 842 |
| section. | 843 |
| (2) If a governmental entity obtains a judgment against a | 844 |
| recipient in a civil action brought under division (B)(1) of this | 845 |
| section and the judgment is uncollectible, the governmental entity | 846 |
| may recover from the person with which the recipient contracted an | 847 |
| amount not exceeding the lesser of the following: | 848 |
| (a) The unsatisfied amount of the judgment; | 849 |
| (b) The total amount received by the person from the | 850 |
| recipient minus the total amount spent by the person on direct | 851 |
| costs for services actually performed and retained by the person | 852 |
| as allocable nondirect costs associated with those direct costs. | 853 |
| (C) If a governmental entity, pursuant to this section, | 854 |
| obtains a judgment against a recipient or against a person with | 855 |
| which the recipient contracted and that judgment debtor does not | 856 |
| voluntarily pay the amount of the judgment, that judgment debtor | 857 |
| shall be precluded from contracting with a governmental entity to | 858 |
| the extent provided in divisions (A) and (B) of section 9.24 of | 859 |
| the Revised Code for a debtor against whom a finding of recovery | 860 |
| has been issued. | 861 |
| (D) In addition to other remedies provided in divisions (A) | 862 |
| to (C) of this section, a governmental entity may void a contract | 863 |
| between a recipient and another person for the performance by the | 864 |
| other person of the recipient's obligations under the recipient's | 865 |
| contract with the governmental entity to the extent that the other | 866 |
| person has not yet performed its obligations under the contract or | 867 |
| cannot demonstrate that the money it received was expended on | 868 |
| direct costs or retained as allocable nondirect costs. | 869 |
| (E) If a recipient is liable to repay money to a governmental | 870 |
| entity under this section and the judgment obtained by the | 871 |
| governmental entity against the recipient is uncollectible, then | 872 |
| in addition to other remedies provided in divisions (A) to (C) of | 873 |
| this section, and after the governmental entity has obtained a | 874 |
| judgment against any necessary third party, the governmental | 875 |
| entity may void any of the following contracts: | 876 |
| (1) A contract made not more than one hundred eighty days | 877 |
| before the judgment against the recipient became uncollectible | 878 |
| between the recipient and a director, trustee, or officer of the | 879 |
| recipient or a business in which a director, trustee, or officer | 880 |
| of the recipient has a material financial interest, if either of | 881 |
| the following applies: | 882 |
| (a) The recipient has paid substantial value for property | 883 |
| received and the property can be returned to the other person. If | 884 |
| the property has experienced only normal wear and tear, the person | 885 |
| shall be liable to the governmental entity for the full amount the | 886 |
| recipient paid for the property. Otherwise, the person shall be | 887 |
| liable to the governmental entity only for the market value of the | 888 |
| property. | 889 |
| (b) The person with which the recipient contracted has | 890 |
| received money that the recipient obtained pursuant to the | 891 |
| contract with the governmental entity and the money was not | 892 |
| expended on direct costs or retained as allocable nondirect costs. | 893 |
| In such a case, the governmental entity may void the contract to | 894 |
| the extent the money was not expended on direct costs or retained | 895 |
| as allocable nondirect costs, and the person shall be liable to | 896 |
| the governmental entity for that amount. | 897 |
| (2) A contract made not more than one hundred eighty days | 898 |
| before the judgment against the recipient became uncollectible | 899 |
| between the recipient and an employee of the recipient or a | 900 |
| business in which an employee of the recipient has a material | 901 |
| financial interest, if the employee has direct knowledge of the | 902 |
| use of the money that the recipient obtained pursuant to the | 903 |
| contract with the governmental entity and either division | 904 |
| (E)(1)(a) or (b) of this section applies; | 905 |
| (3) A contract between the recipient and another person | 906 |
| pursuant to which the recipient has paid or agreed to pay money to | 907 |
| the other person, to the extent that the other person has not yet | 908 |
| performed its obligations under the contract; | 909 |
| (4) A contract made not more than one year before the | 910 |
| judgment against the recipient became uncollectible between the | 911 |
| recipient and a person other than the governmental entity if the | 912 |
| other person has not given or agreed to give consideration of | 913 |
| reasonable and substantial value for the consideration given by | 914 |
| the recipient. | 915 |
| Sec. 9.237. The attorney general shall adopt rules in | 916 |
| accordance with Chapter 119. of the Revised Code governing the | 917 |
| terms of any contract entered into under section 9.231 of the | 918 |
| Revised Code. The rules shall set forth all of the following: | 919 |
| (A) A definition of permissible components of direct costs, | 920 |
| including a list of expenditures that may never be included in | 921 |
| direct costs and a nonexclusive list of expenditures that may be | 922 |
| included in direct costs pursuant to agreement of the parties; | 923 |
| (B) Permissible methods by which a recipient may keep records | 924 |
| documenting direct costs and how long those records must be | 925 |
| retained; | 926 |
| (C) Remedies not inconsistent with section 9.236 of the | 927 |
| Revised Code in the event of a breach of the contract; | 928 |
| (D) Terms to be included in contracts between recipients and | 929 |
| persons other than the governmental entity, including the notice | 930 |
| of the remedies available to the governmental entity if the money | 931 |
| under the contract with the governmental entity is not expended on | 932 |
| direct costs or retained as allocable nondirect costs or, with | 933 |
| respect to any contract described in division (A)(3) of section | 934 |
| 9.231 of the Revised Code, is not earned under the terms of the | 935 |
| contract with the governmental entity; | 936 |
| (E) Any other provisions that the attorney general considers | 937 |
| necessary to carry out the purposes of sections 9.23 to 9.236 of | 938 |
| the Revised Code. | 939 |
| Sec. 9.238. (A) The auditor of state shall prescribe a single | 940 |
| form of the financial reviews required by divisions (B)(1) and (2) | 941 |
| of section 9.234 of the Revised Code to be used for all | 942 |
| governmental entities. | 943 |
| (B) The auditor of state may adopt rules in accordance with | 944 |
| Chapter 119. of the Revised Code governing the form and content of | 945 |
| the audit reports required by division (B)(3) of section 9.234 of | 946 |
| the Revised Code and may prescribe a single form of the report to | 947 |
| be used for all governmental entities. Upon request made by a | 948 |
| recipient, the auditor of state shall, to the extent possible, | 949 |
| require all governmental entities that have entered into a | 950 |
| contract with that recipient under section 9.231 of the Revised | 951 |
| Code to accept a particular audit report. | 952 |
| Sec. 9.239. (A) There is hereby created the government | 953 |
| contracting advisory council. The attorney general and auditor of | 954 |
| state shall consult with the council on the performance of their | 955 |
| rule-making functions under sections 9.237 and 9.238 of the | 956 |
| Revised Code and shall consider any recommendations of the | 957 |
| council. The director of job and family services shall annually | 958 |
| report to the council the cost methodology of the medicaid-funded | 959 |
| services described in division (A)(3)(d) of section 9.231 of the | 960 |
| Revised Code. The council shall consist of the following members | 961 |
| or their designees: | 962 |
| (1) The attorney general; | 963 |
| (2) The auditor of state; | 964 |
| (3) The director of administrative services; | 965 |
| (4) The director of aging; | 966 |
| (5) The director of alcohol and drug addiction services; | 967 |
| (6) The director of budget and management; | 968 |
| (7) The director of development; | 969 |
| (8) The director of job and family services; | 970 |
| (9) The director of mental health; | 971 |
| (10) The director of mental retardation and developmental | 972 |
| disabilities; | 973 |
| (11) The director of rehabilitation and correction; | 974 |
| (12) The administrator of workers' compensation; | 975 |
| (13) The executive director of the county commissioners' | 976 |
| association of Ohio; | 977 |
| (14) The president of the Ohio grantmakers forum; | 978 |
| (15) The president of the Ohio chamber of commerce; | 979 |
| (16) The president of the Ohio state bar association; | 980 |
| (17) The president of the Ohio society of certified public | 981 |
| accountants; | 982 |
| (18) The executive director of the Ohio association of | 983 |
| nonprofit organizations; | 984 |
| (19) The president of the Ohio united way; | 985 |
| (20) One additional member appointed by the attorney general; | 986 |
| (21) One additional member appointed by the auditor of state. | 987 |
| (B) If an agency or organization represented on the council | 988 |
| ceases to exist in the form it has on the effective date of this | 989 |
| section, the successor agency or organization shall be represented | 990 |
| in its place. If there is no successor agency or organization, or | 991 |
| if it is not clear what agency or organization is the successor, | 992 |
| the attorney general shall designate an agency or organization to | 993 |
| be represented in place of the agency or organization originally | 994 |
| represented on the council. | 995 |
| (C) The two members appointed to the council shall serve | 996 |
| three-year terms. Original appointments shall be made not later | 997 |
| than sixty days after the effective date of this section. | 998 |
| Vacancies on the council shall be filled in the same manner as the | 999 |
| original appointment. | 1000 |
| (D) The attorney general or the attorney general's designee | 1001 |
| shall be the chairperson of the council. The council shall meet at | 1002 |
| least once every two years to review the rules adopted under | 1003 |
| sections 9.237 and 9.238 of the Revised Code and to make | 1004 |
| recommendations to the attorney general and auditor of state | 1005 |
| regarding the adoption, amendment, or repeal of those rules. The | 1006 |
| council shall also meet at other times as requested by the | 1007 |
| attorney general or auditor of state. | 1008 |
| (E) Members of the council shall serve without compensation | 1009 |
| or reimbursement. | 1010 |
| (F) The office of the attorney general shall provide | 1011 |
| necessary staff, facilities, supplies, and services to the | 1012 |
| council. | 1013 |
| (G) Sections 101.82 to 101.87 of the Revised Code do not | 1014 |
| apply to the council. | 1015 |
| Sec. 9.24. (A) Except as may be allowed under division (F) of | 1016 |
| this section, no state agency and no political subdivision shall | 1017 |
| award a contract as described in division (G)(1) of this section | 1018 |
| for goods, services, or construction, paid for in whole or in part | 1019 |
| with state funds, to a person against whom a finding for recovery | 1020 |
| has been issued by the auditor of state on and after January 1, | 1021 |
| 2001, if the finding for recovery is unresolved. | 1022 |
| A contract is considered to be awarded when it is entered | 1023 |
| into or executed, irrespective of whether the parties to the | 1024 |
| contract have exchanged any money. | 1025 |
| (B) For purposes of this section, a finding for recovery is | 1026 |
| unresolved unless one of the following criteria applies: | 1027 |
| (1) The money identified in the finding for recovery is paid | 1028 |
| in full to the state agency or political subdivision to whom the | 1029 |
| money was owed; | 1030 |
| (2) The debtor has entered into a repayment plan that is | 1031 |
| approved by the attorney general and the state agency or political | 1032 |
| subdivision to whom the money identified in the finding for | 1033 |
| recovery is owed. A repayment plan may include a provision | 1034 |
| permitting a state agency or political subdivision to withhold | 1035 |
| payment to a debtor for goods, services, or construction provided | 1036 |
| to or for the state agency or political subdivision pursuant to a | 1037 |
| contract that is entered into with the debtor after the date the | 1038 |
| finding for recovery was issued. | 1039 |
| (3) The attorney general waives a repayment plan described in | 1040 |
| division (B)(2) of this section for good cause; | 1041 |
| (4) The debtor and state agency or political subdivision to | 1042 |
| whom the money identified in the finding for recovery is owed have | 1043 |
| agreed to a payment plan established through an enforceable | 1044 |
| settlement agreement. | 1045 |
| (5) The state agency or political subdivision desiring to | 1046 |
| enter into a contract with a debtor certifies, and the attorney | 1047 |
| general concurs, that all of the following are true: | 1048 |
| (a) Essential services the state agency or political | 1049 |
| subdivision is seeking to obtain from the debtor cannot be | 1050 |
| provided by any other person besides the debtor; | 1051 |
| (b) Awarding a contract to the debtor for the essential | 1052 |
| services described in division (B)(5)(a) of this section is in the | 1053 |
| best interest of the state; | 1054 |
| (c) Good faith efforts have been made to collect the money | 1055 |
| identified in the finding of recovery. | 1056 |
| (6) The debtor has commenced an action to contest the finding | 1057 |
| for recovery and a final determination on the action has not yet | 1058 |
| been reached. | 1059 |
| (C) The attorney general shall submit an initial report to | 1060 |
| the auditor of state, not later than December 1, 2003, indicating | 1061 |
| the status of collection for all findings for recovery issued by | 1062 |
| the auditor of state for calendar years 2001, 2002, and 2003. | 1063 |
| Beginning on January 1, 2004, the attorney general shall submit to | 1064 |
| the auditor of state, on the first day of every January, April, | 1065 |
| July, and October, a list of all findings for recovery that have | 1066 |
| been resolved in accordance with division (B) of this section | 1067 |
| during the calendar quarter preceding the submission of the list | 1068 |
| and a description of the means of resolution. The attorney general | 1069 |
| shall notify the auditor of state when a judgment is issued | 1070 |
| against an entity described in division (F)(1) of this section. | 1071 |
| (D) The auditor of state shall maintain a database, | 1072 |
| accessible to the public, listing persons against whom an | 1073 |
| unresolved finding for recovery has been issued, and the amount of | 1074 |
| the money identified in the unresolved finding for recovery. The | 1075 |
| auditor of state shall have this database operational on or before | 1076 |
| January 1, 2004. The initial database shall contain the | 1077 |
| information required under this division for calendar years 2001, | 1078 |
| 2002, and 2003. | 1079 |
| Beginning January 15, 2004, the auditor of state shall update | 1080 |
| the database by the fifteenth day of every January, April, July, | 1081 |
| and October to reflect resolved findings for recovery that are | 1082 |
| reported to the auditor of state by the attorney general on the | 1083 |
| first day of the same month pursuant to division (C) of this | 1084 |
| section. | 1085 |
| (E) Before awarding a contract as described in division | 1086 |
| (G)(1) of this section for goods, services, or construction, paid | 1087 |
| for in whole or in part with state funds, a state agency or | 1088 |
| political subdivision shall verify that the person to whom the | 1089 |
| state agency or political subdivision plans to award the contract | 1090 |
| has no unresolved finding for recovery issued against the person. | 1091 |
| A state agency or political subdivision shall verify that the | 1092 |
| person does not appear in the database described in division (D) | 1093 |
| of this section or shall obtain other proof that the person has no | 1094 |
| unresolved finding for recovery issued against the person. | 1095 |
| (F) The prohibition of division (A) of this section and the | 1096 |
| requirement of division (E) of this section do not apply with | 1097 |
| respect to the companies or agreements described in divisions | 1098 |
| (F)(1) and (2) of this section, or in the circumstance described | 1099 |
| in division (F)(3) of this section. | 1100 |
| (1) A bonding company or a company authorized to transact the | 1101 |
| business of insurance in this state, a self-insurance pool, joint | 1102 |
| self-insurance pool, risk management program, or joint risk | 1103 |
| management program, unless a court has entered a final judgment | 1104 |
| against the company and the company has not yet satisfied the | 1105 |
| final judgment. | 1106 |
| (2) To medicaid provider agreements under Chapter 5111. of | 1107 |
| the Revised Code | 1108 |
| 1109 | |
| 1110 |
| (3) When federal law dictates that a specified entity provide | 1111 |
| the goods, services, or construction for which a contract is being | 1112 |
| awarded, regardless of whether that entity would otherwise be | 1113 |
| prohibited from entering into the contract pursuant to this | 1114 |
| section. | 1115 |
| (G)(1) This section applies only to contracts for goods, | 1116 |
| services, or construction that satisfy the criteria in either | 1117 |
| division (G)(1)(a) or (b) of this | 1118 |
| may apply to contracts for goods, services, or construction that | 1119 |
| satisfy the criteria in division (G)(1)(c) of this section, | 1120 |
| provided that the contracts also satisfy the criteria in either | 1121 |
| division (G)(1)(a) or (b) of this | 1122 |
| (a) The cost for the goods, services, or construction | 1123 |
| provided under the contract is estimated to exceed twenty-five | 1124 |
| thousand dollars. | 1125 |
| (b) The aggregate cost for the goods, services, or | 1126 |
| construction provided under multiple contracts entered into by the | 1127 |
| particular state agency and a single person or the particular | 1128 |
| political subdivision and a single person within the fiscal year | 1129 |
| preceding the fiscal year within which a contract is being entered | 1130 |
| into by that same state agency and the same single person or the | 1131 |
| same political subdivision and the same single person, exceeded | 1132 |
| fifty thousand dollars. | 1133 |
| (c) The contract is a renewal of a contract previously | 1134 |
| entered into and renewed pursuant to that preceding contract. | 1135 |
| (2) This section does not apply to employment contracts. | 1136 |
| (H) As used in this section: | 1137 |
| (1) "State agency" has the same meaning as in section 9.66 of | 1138 |
| the Revised Code. | 1139 |
| (2) "Political subdivision" means a political subdivision as | 1140 |
| defined in section 9.82 of the Revised Code that has received more | 1141 |
| than fifty thousand dollars of state money in the current fiscal | 1142 |
| year or the preceding fiscal year. | 1143 |
| (3) "Finding for recovery" means a determination issued by | 1144 |
| the auditor of state, contained in a report the auditor of state | 1145 |
| gives to the attorney general pursuant to section 117.28 of the | 1146 |
| Revised Code, that public money has been illegally expended, | 1147 |
| public money has been collected but not been accounted for, public | 1148 |
| money is due but has not been collected, or public property has | 1149 |
| been converted or misappropriated. | 1150 |
| (4) "Debtor" means a person against whom a finding for | 1151 |
| recovery has been issued. | 1152 |
| (5) "Person" means the person named in the finding for | 1153 |
| recovery. | 1154 |
| (6) "State money" does not include funds the state receives | 1155 |
| from another source and passes through to a political subdivision. | 1156 |
| Sec. 9.241. (A) As used in this section: | 1157 |
| (1) "Governmental entity" and "a judgment is uncollectible" | 1158 |
| have the same meanings as in section 9.23 of the Revised Code. | 1159 |
| (2) "Recipient" means a person that enters into or is awarded | 1160 |
| a contract with a governmental entity for the provision of goods, | 1161 |
| services, or construction. | 1162 |
| (B) A recipient is liable to repay to the governmental entity | 1163 |
| any money received but not earned under the terms of the contract | 1164 |
| with the governmental entity. | 1165 |
| (C)(1) A governmental entity may bring a civil action for the | 1166 |
| recovery of money due to the governmental entity from a recipient | 1167 |
| under division (B) of this section. In such an action, any person | 1168 |
| with which the recipient has contracted for the performance of the | 1169 |
| recipient's material obligations under the recipient's contract | 1170 |
| with the governmental entity may be made a party defendant if the | 1171 |
| person is unable to demonstrate to the satisfaction of the | 1172 |
| governmental entity that the person has materially complied with | 1173 |
| the terms of the contract with the recipient. In such a case, the | 1174 |
| person may be made a party defendant and the governmental entity | 1175 |
| may obtain a judgment against the person in accordance with | 1176 |
| division (C)(2) of this section. | 1177 |
| (2) If a governmental entity obtains a judgment against a | 1178 |
| recipient in a civil action brought under division (C)(1) of this | 1179 |
| section and the judgment is uncollectible, the governmental entity | 1180 |
| may recover from the person with which the recipient contracted an | 1181 |
| amount not exceeding the lesser of the following: | 1182 |
| (a) The unsatisfied amount of the judgment; | 1183 |
| (b) The total amount received by the person from the | 1184 |
| recipient minus the total amount earned by the person under the | 1185 |
| terms of the recipient's contract with the governmental entity. | 1186 |
| (D) If a governmental entity, pursuant to this section, | 1187 |
| obtains a judgment against a recipient or against a person with | 1188 |
| which the recipient contracted and that judgment debtor does not | 1189 |
| voluntarily pay the amount of the judgment, that judgment debtor | 1190 |
| shall be precluded from contracting with a governmental entity to | 1191 |
| the extent provided in divisions (A) and (B) of section 9.24 of | 1192 |
| the Revised Code for a debtor against whom a finding of recovery | 1193 |
| has been issued. | 1194 |
| (E) In addition to other remedies provided in divisions (B) | 1195 |
| to (D) of this section, a governmental entity may void a contract | 1196 |
| between a recipient and another person for the performance by the | 1197 |
| other person of the recipient's obligations under the recipient's | 1198 |
| contract with the governmental entity to the extent that the other | 1199 |
| person has not yet performed its obligations under the contract. | 1200 |
| (F) If a recipient is liable to repay money to a governmental | 1201 |
| entity under this section and the judgment obtained by the | 1202 |
| governmental entity against the recipient is uncollectible, then | 1203 |
| in addition to other remedies provided in divisions (B) to (D) of | 1204 |
| this section, and after the governmental entity has obtained a | 1205 |
| judgment against any necessary third party, the governmental | 1206 |
| entity may void any of the following contracts: | 1207 |
| (1) A contract made not more than one hundred eighty days | 1208 |
| before the judgment against the recipient became uncollectible | 1209 |
| between the recipient and a director, trustee, or officer of the | 1210 |
| recipient or a business in which a director, trustee, or officer | 1211 |
| of the recipient has a material financial interest, if either of | 1212 |
| the following applies: | 1213 |
| (a) The recipient has paid substantial value for property | 1214 |
| received and the property can be returned to the other person. If | 1215 |
| the property has experienced only normal wear and tear, the person | 1216 |
| shall be liable to the governmental entity for the full amount the | 1217 |
| recipient paid for the property. Otherwise, the person shall be | 1218 |
| liable to the governmental entity only for the market value of the | 1219 |
| property. | 1220 |
| (b) The person with which the recipient contracted has | 1221 |
| received money that the recipient obtained pursuant to the | 1222 |
| contract with the governmental entity and has used the money other | 1223 |
| than for the performance of the contract. In such a case, the | 1224 |
| governmental entity may void the contract to the extent that the | 1225 |
| person has used the money other than for the performance of the | 1226 |
| contract, and the person shall be liable to the governmental | 1227 |
| entity for that amount. | 1228 |
| (2) A contract made not more than one hundred eighty days | 1229 |
| before the judgment against the recipient became uncollectible | 1230 |
| between the recipient and an employee of the recipient or a | 1231 |
| business in which an employee of the recipient has a material | 1232 |
| financial interest, if the employee has direct knowledge of the | 1233 |
| use of the money that the recipient obtained pursuant to the | 1234 |
| contract with the governmental entity and either division | 1235 |
| (F)(1)(a) or (b) of this section applies; | 1236 |
| (3) A contract between the recipient and another person | 1237 |
| pursuant to which the recipient has paid or agreed to pay money to | 1238 |
| the other person, to the extent that the other person has not yet | 1239 |
| performed its obligations under the contract; | 1240 |
| (4) A contract made not more than one year before the | 1241 |
| judgment against the recipient became uncollectible between the | 1242 |
| recipient and a person other than the governmental entity if the | 1243 |
| other person has not given or agreed to give consideration of | 1244 |
| reasonable and substantial value for the consideration given by | 1245 |
| the recipient. | 1246 |
| (G) This section does not apply with respect to any contract | 1247 |
| entered into by a governmental entity under section 9.231 of the | 1248 |
| Revised Code that is subject to section 9.236 of the Revised Code. | 1249 |
| Sec. 101.391. (A) There is hereby created the joint | 1250 |
| legislative committee on medicaid technology and reform. The | 1251 |
| committee may review or study any matter that it considers | 1252 |
| relevant to the operation of the medicaid program established | 1253 |
| under Chapter 5111. of the Revised Code, with priority given to | 1254 |
| the study or review of mechanisms to enhance the program's | 1255 |
| effectiveness through improved technology systems and program | 1256 |
| reform. | 1257 |
| (B) The committee shall consist of five members of the house | 1258 |
| of representatives appointed by the speaker of the house of | 1259 |
| representatives and five members of the senate appointed by the | 1260 |
| president of the senate. Not more than three members appointed by | 1261 |
| the speaker of the house of representatives and not more than | 1262 |
| three members appointed by the president of the senate may be of | 1263 |
| the same political party. | 1264 |
| Each member of the committee shall hold office during the | 1265 |
| general assembly in which the member is appointed and until a | 1266 |
| successor has been appointed, notwithstanding the adjournment sine | 1267 |
| die of the general assembly in which the member was appointed or | 1268 |
| the expiration of the member's term as a member of the general | 1269 |
| assembly. Any vacancies occurring among the members of the | 1270 |
| committee shall be filled in the manner of the original | 1271 |
| appointment. | 1272 |
| (C) The committee has the same powers as other standing or | 1273 |
| select committees of the general assembly. The committee may | 1274 |
| employ an executive director. | 1275 |
| Sec. 101.68. (A) | 1276 |
| section, within thirty days of the convening of the first regular | 1277 |
| session of the general assembly, each agency required to submit | 1278 |
| reports or similar documents to the general assembly pursuant to | 1279 |
| section 103.43, 3301.07, 5139.33, 5501.07, 5537.17, or 5593.21 of | 1280 |
| the Revised Code shall send written notice to each member of the | 1281 |
| general assembly in order to determine whether the member desires | 1282 |
| to personally receive the reports or similar documents as they are | 1283 |
| made available by the agency. If the member desires to personally | 1284 |
| receive the reports or similar documents as they become available, | 1285 |
| the member shall send a written request to the agency within | 1286 |
| thirty days of receiving the notice. | 1287 |
| (B) Whenever any statute or rule requires that a report, | 1288 |
| recommendation, or other similar document be submitted to the | 1289 |
| general assembly under a law not cited in division (A) of this | 1290 |
| section, to the members of the general assembly, to one house of | 1291 |
| the general assembly, or to the members of one house of the | 1292 |
| general assembly, the requirement shall be fulfilled by the | 1293 |
| submission of a copy of the report, recommendation, or document to | 1294 |
| the director of the legislative service commission, the president | 1295 |
| of the senate, the minority leader of the senate, the speaker of | 1296 |
| the house of representatives, and the minority leader of the house | 1297 |
| of representatives if both houses of the general assembly or their | 1298 |
| members are specified, or to the director of the legislative | 1299 |
| service commission, the president of the senate, and the minority | 1300 |
| leader of the senate if only the senate or its members are | 1301 |
| specified, or to the director of the legislative service | 1302 |
| commission, the speaker of the house of representatives, and the | 1303 |
| minority leader of the house of representatives if only the house | 1304 |
| of representatives or its members are specified. This division | 1305 |
| does not apply to items required to be distributed to members of | 1306 |
| the general assembly pursuant to section 103.14, 149.04, 149.07, | 1307 |
| or 149.17 of the Revised Code. | 1308 |
| (C) Each month the legislative service commission shall | 1309 |
| provide to each member of the senate and to each member of the | 1310 |
| house of representatives a list of all reports, recommendations, | 1311 |
| and documents submitted to the officers of the general assembly | 1312 |
| under division (B) of this section. The list shall include a short | 1313 |
| and accurate description of the content, length, and form of each | 1314 |
| report, recommendation, or document submitted, as well as a | 1315 |
| statement setting forth the number printed, if applicable, and the | 1316 |
| cost of preparation. Each member may request from the legislative | 1317 |
| service commission a copy of any report, recommendation, or | 1318 |
| document on the list, and the legislative service commission shall | 1319 |
| comply with any such request. | 1320 |
| (D) Notwithstanding any provision of the Revised Code to the | 1321 |
| contrary, whenever any statute or rule requires that an agency | 1322 |
| submit a report, recommendation, or other similar document to the | 1323 |
| general assembly or otherwise as described in division (B) of this | 1324 |
| section in a paper, book, or other hard copy format, the report, | 1325 |
| recommendation, or other document, to the extent technologically | 1326 |
| feasible, shall be submitted to the general assembly or otherwise | 1327 |
| as described in division (B) of this section through electronic | 1328 |
| means, rather than in the hard copy format, and shall be displayed | 1329 |
| by the agency on a web site it maintains. | 1330 |
| Sec. 102.02. (A) Except as otherwise provided in division | 1331 |
| (H) of this section, all of the following shall file with the | 1332 |
| appropriate ethics commission the disclosure statement described | 1333 |
| in this division on a form prescribed by the appropriate | 1334 |
| commission: every person who is elected to or is a candidate for a | 1335 |
| state, county, or city office and every person who is appointed to | 1336 |
| fill a vacancy for an unexpired term in such an elective office; | 1337 |
| all members of the state board of education; the director, | 1338 |
| assistant directors, deputy directors, division chiefs, or persons | 1339 |
| of equivalent rank of any administrative department of the state; | 1340 |
| the president or other chief administrative officer of every state | 1341 |
| institution of higher education as defined in section 3345.011 of | 1342 |
| the Revised Code; the executive director and the members of the | 1343 |
| capitol square review and advisory board appointed or employed | 1344 |
| pursuant to section 105.41 of the Revised Code; the chief | 1345 |
| executive officer and the members of the board of each state | 1346 |
| retirement system; each employee of a state retirement board who | 1347 |
| is a state retirement system investment officer licensed pursuant | 1348 |
| to section 1707.163 of the Revised Code; the members of the Ohio | 1349 |
| retirement study council appointed pursuant to division (C) of | 1350 |
| section 171.01 of the Revised Code; employees of the Ohio | 1351 |
| retirement study council, other than employees who perform purely | 1352 |
| administrative or clerical functions; the administrator of | 1353 |
| workers' compensation and each voting member of the workers' | 1354 |
| compensation oversight commission; the chief investment officer of | 1355 |
| the bureau of workers' compensation; all members of the board of | 1356 |
| commissioners on grievances and discipline of the supreme court | 1357 |
| and the ethics commission created under section 102.05 of the | 1358 |
| Revised Code; every business manager, treasurer, or superintendent | 1359 |
| of a city, local, exempted village, joint vocational, or | 1360 |
| cooperative education school district or an educational service | 1361 |
| center; every person who is elected to or is a candidate for the | 1362 |
| office of member of a board of education of a city, local, | 1363 |
| exempted village, joint vocational, or cooperative education | 1364 |
| school district or of a governing board of an educational service | 1365 |
| center that has a total student count of twelve thousand or more | 1366 |
| as most recently determined by the department of education | 1367 |
| pursuant to section 3317.03 of the Revised Code; every person who | 1368 |
| is appointed to the board of education of a municipal school | 1369 |
| district pursuant to division (B) or (F) of section 3311.71 of the | 1370 |
| Revised Code; all members of the board of directors of a sanitary | 1371 |
| district that is established under Chapter 6115. of the Revised | 1372 |
| Code and organized wholly for the purpose of providing a water | 1373 |
| supply for domestic, municipal, and public use, and that includes | 1374 |
| two municipal corporations in two counties; every public official | 1375 |
| or employee who is paid a salary or wage in accordance with | 1376 |
| schedule C of section 124.15 or schedule E-2 of section 124.152 of | 1377 |
| the Revised Code; members of the board of trustees and the | 1378 |
| executive director of the tobacco use prevention and control | 1379 |
| foundation; members of the board of trustees and the executive | 1380 |
| director of the southern Ohio agricultural and community | 1381 |
| development foundation; and every other public official or | 1382 |
| employee who is designated by the appropriate ethics commission | 1383 |
| pursuant to division (B) of this section. | 1384 |
| The disclosure statement shall include all of the following: | 1385 |
| (1) The name of the person filing the statement and each | 1386 |
| member of the person's immediate family and all names under which | 1387 |
| the person or members of the person's immediate family do | 1388 |
| business; | 1389 |
| (2)(a) Subject to divisions (A)(2)(b) and (c) of this section | 1390 |
| and except as otherwise provided in section 102.022 of the Revised | 1391 |
| Code, identification of every source of income, other than income | 1392 |
| from a legislative agent identified in division (A)(2)(b) of this | 1393 |
| section, received during the preceding calendar year, in the | 1394 |
| person's own name or by any other person for the person's use or | 1395 |
| benefit, by the person filing the statement, and a brief | 1396 |
| description of the nature of the services for which the income was | 1397 |
| received. If the person filing the statement is a member of the | 1398 |
| general assembly, the statement shall identify the amount of every | 1399 |
| source of income received in accordance with the following ranges | 1400 |
| of amounts: zero or more, but less than one thousand dollars; one | 1401 |
| thousand dollars or more, but less than ten thousand dollars; ten | 1402 |
| thousand dollars or more, but less than twenty-five thousand | 1403 |
| dollars; twenty-five thousand dollars or more, but less than fifty | 1404 |
| thousand dollars; fifty thousand dollars or more, but less than | 1405 |
| one hundred thousand dollars; and one hundred thousand dollars or | 1406 |
| more. Division (A)(2)(a) of this section shall not be construed to | 1407 |
| require a person filing the statement who derives income from a | 1408 |
| business or profession to disclose the individual items of income | 1409 |
| that constitute the gross income of that business or profession, | 1410 |
| except for those individual items of income that are attributable | 1411 |
| to the person's or, if the income is shared with the person, the | 1412 |
| partner's, solicitation of services or goods or performance, | 1413 |
| arrangement, or facilitation of services or provision of goods on | 1414 |
| behalf of the business or profession of clients, including | 1415 |
| corporate clients, who are legislative agents. A person who files | 1416 |
| the statement under this section shall disclose the identity of | 1417 |
| and the amount of income received from a person who the public | 1418 |
| official or employee knows or has reason to know is doing or | 1419 |
| seeking to do business of any kind with the public official's or | 1420 |
| employee's agency. | 1421 |
| (b) If the person filing the statement is a member of the | 1422 |
| general assembly, the statement shall identify every source of | 1423 |
| income and the amount of that income that was received from a | 1424 |
| legislative agent during the preceding calendar year, in the | 1425 |
| person's own name or by any other person for the person's use or | 1426 |
| benefit, by the person filing the statement, and a brief | 1427 |
| description of the nature of the services for which the income was | 1428 |
| received. Division (A)(2)(b) of this section requires the | 1429 |
| disclosure of clients of attorneys or persons licensed under | 1430 |
| section 4732.12 of the Revised Code, or patients of persons | 1431 |
| certified under section 4731.14 of the Revised Code, if those | 1432 |
| clients or patients are legislative agents. Division (A)(2)(b) of | 1433 |
| this section requires a person filing the statement who derives | 1434 |
| income from a business or profession to disclose those individual | 1435 |
| items of income that constitute the gross income of that business | 1436 |
| or profession that are received from legislative agents. | 1437 |
| (c) Except as otherwise provided in division (A)(2)(c) of | 1438 |
| this section, division (A)(2)(a) of this section applies to | 1439 |
| attorneys, physicians, and other persons who engage in the | 1440 |
| practice of a profession and who, pursuant to a section of the | 1441 |
| Revised Code, the common law of this state, a code of ethics | 1442 |
| applicable to the profession, or otherwise, generally are required | 1443 |
| not to reveal, disclose, or use confidences of clients, patients, | 1444 |
| or other recipients of professional services except under | 1445 |
| specified circumstances or generally are required to maintain | 1446 |
| those types of confidences as privileged communications except | 1447 |
| under specified circumstances. Division (A)(2)(a) of this section | 1448 |
| does not require an attorney, physician, or other professional | 1449 |
| subject to a confidentiality requirement as described in division | 1450 |
| (A)(2)(c) of this section to disclose the name, other identity, or | 1451 |
| address of a client, patient, or other recipient of professional | 1452 |
| services if the disclosure would threaten the client, patient, or | 1453 |
| other recipient of professional services, would reveal details of | 1454 |
| the subject matter for which legal, medical, or professional | 1455 |
| advice or other services were sought, or would reveal an otherwise | 1456 |
| privileged communication involving the client, patient, or other | 1457 |
| recipient of professional services. Division (A)(2)(a) of this | 1458 |
| section does not require an attorney, physician, or other | 1459 |
| professional subject to a confidentiality requirement as described | 1460 |
| in division (A)(2)(c) of this section to disclose in the brief | 1461 |
| description of the nature of services required by division | 1462 |
| (A)(2)(a) of this section any information pertaining to specific | 1463 |
| professional services rendered for a client, patient, or other | 1464 |
| recipient of professional services that would reveal details of | 1465 |
| the subject matter for which legal, medical, or professional | 1466 |
| advice was sought or would reveal an otherwise privileged | 1467 |
| communication involving the client, patient, or other recipient of | 1468 |
| professional services. | 1469 |
| (3) The name of every corporation on file with the secretary | 1470 |
| of state that is incorporated in this state or holds a certificate | 1471 |
| of compliance authorizing it to do business in this state, trust, | 1472 |
| business trust, partnership, or association that transacts | 1473 |
| business in this state in which the person filing the statement or | 1474 |
| any other person for the person's use and benefit had during the | 1475 |
| preceding calendar year an investment of over one thousand dollars | 1476 |
| at fair market value as of the thirty-first day of December of the | 1477 |
| preceding calendar year, or the date of disposition, whichever is | 1478 |
| earlier, or in which the person holds any office or has a | 1479 |
| fiduciary relationship, and a description of the nature of the | 1480 |
| investment, office, or relationship. Division (A)(3) of this | 1481 |
| section does not require disclosure of the name of any bank, | 1482 |
| savings and loan association, credit union, or building and loan | 1483 |
| association with which the person filing the statement has a | 1484 |
| deposit or a withdrawable share account. | 1485 |
| (4) All fee simple and leasehold interests to which the | 1486 |
| person filing the statement holds legal title to or a beneficial | 1487 |
| interest in real property located within the state, excluding the | 1488 |
| person's residence and property used primarily for personal | 1489 |
| recreation; | 1490 |
| (5) The names of all persons residing or transacting business | 1491 |
| in the state to whom the person filing the statement owes, in the | 1492 |
| person's own name or in the name of any other person, more than | 1493 |
| one thousand dollars. Division (A)(5) of this section shall not be | 1494 |
| construed to require the disclosure of debts owed by the person | 1495 |
| resulting from the ordinary conduct of a business or profession or | 1496 |
| debts on the person's residence or real property used primarily | 1497 |
| for personal recreation, except that the superintendent of | 1498 |
| financial institutions shall disclose the names of all | 1499 |
| state-chartered savings and loan associations and of all service | 1500 |
| corporations subject to regulation under division (E)(2) of | 1501 |
| section 1151.34 of the Revised Code to whom the superintendent in | 1502 |
| the superintendent's own name or in the name of any other person | 1503 |
| owes any money, and that the superintendent and any deputy | 1504 |
| superintendent of banks shall disclose the names of all | 1505 |
| state-chartered banks and all bank subsidiary corporations subject | 1506 |
| to regulation under section 1109.44 of the Revised Code to whom | 1507 |
| the superintendent or deputy superintendent owes any money. | 1508 |
| (6) The names of all persons residing or transacting business | 1509 |
| in the state, other than a depository excluded under division | 1510 |
| (A)(3) of this section, who owe more than one thousand dollars to | 1511 |
| the person filing the statement, either in the person's own name | 1512 |
| or to any person for the person's use or benefit. Division (A)(6) | 1513 |
| of this section shall not be construed to require the disclosure | 1514 |
| of clients of attorneys or persons licensed under section 4732.12 | 1515 |
| or 4732.15 of the Revised Code, or patients of persons certified | 1516 |
| under section 4731.14 of the Revised Code, nor the disclosure of | 1517 |
| debts owed to the person resulting from the ordinary conduct of a | 1518 |
| business or profession. | 1519 |
| (7) Except as otherwise provided in section 102.022 of the | 1520 |
| Revised Code, the source of each gift of over seventy-five | 1521 |
| dollars, or of each gift of over twenty-five dollars received by a | 1522 |
| member of the general assembly from a legislative agent, received | 1523 |
| by the person in the person's own name or by any other person for | 1524 |
| the person's use or benefit during the preceding calendar year, | 1525 |
| except gifts received by will or by virtue of section 2105.06 of | 1526 |
| the Revised Code, or received from spouses, parents, grandparents, | 1527 |
| children, grandchildren, siblings, nephews, nieces, uncles, aunts, | 1528 |
| brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, | 1529 |
| fathers-in-law, mothers-in-law, or any person to whom the person | 1530 |
| filing the statement stands in loco parentis, or received by way | 1531 |
| of distribution from any inter vivos or testamentary trust | 1532 |
| established by a spouse or by an ancestor; | 1533 |
| (8) Except as otherwise provided in section 102.022 of the | 1534 |
| Revised Code, identification of the source and amount of every | 1535 |
| payment of expenses incurred for travel to destinations inside or | 1536 |
| outside this state that is received by the person in the person's | 1537 |
| own name or by any other person for the person's use or benefit | 1538 |
| and that is incurred in connection with the person's official | 1539 |
| duties, except for expenses for travel to meetings or conventions | 1540 |
| of a national or state organization to which any state agency, | 1541 |
| including, but not limited to, any legislative agency or state | 1542 |
| institution of higher education as defined in section 3345.011 of | 1543 |
| the Revised Code, pays membership dues, or any political | 1544 |
| subdivision or any office or agency of a political subdivision | 1545 |
| pays membership dues; | 1546 |
| (9) Except as otherwise provided in section 102.022 of the | 1547 |
| Revised Code, identification of the source of payment of expenses | 1548 |
| for meals and other food and beverages, other than for meals and | 1549 |
| other food and beverages provided at a meeting at which the person | 1550 |
| participated in a panel, seminar, or speaking engagement or at a | 1551 |
| meeting or convention of a national or state organization to which | 1552 |
| any state agency, including, but not limited to, any legislative | 1553 |
| agency or state institution of higher education as defined in | 1554 |
| section 3345.011 of the Revised Code, pays membership dues, or any | 1555 |
| political subdivision or any office or agency of a political | 1556 |
| subdivision pays membership dues, that are incurred in connection | 1557 |
| with the person's official duties and that exceed one hundred | 1558 |
| dollars aggregated per calendar year; | 1559 |
| (10) If the disclosure statement is filed by a public | 1560 |
| official or employee described in division (B)(2) of section | 1561 |
| 101.73 of the Revised Code or division (B)(2) of section 121.63 of | 1562 |
| the Revised Code who receives a statement from a legislative | 1563 |
| agent, executive agency lobbyist, or employer that contains the | 1564 |
| information described in division (F)(2) of section 101.73 of the | 1565 |
| Revised Code or division (G)(2) of section 121.63 of the Revised | 1566 |
| Code, all of the nondisputed information contained in the | 1567 |
| statement delivered to that public official or employee by the | 1568 |
| legislative agent, executive agency lobbyist, or employer under | 1569 |
| division (F)(2) of section 101.73 or (G)(2) of section 121.63 of | 1570 |
| the Revised Code. | 1571 |
| A person may file a statement required by this section in | 1572 |
| person or by mail. A person who is a candidate for elective office | 1573 |
| shall file the statement no later than the thirtieth day before | 1574 |
| the primary, special, or general election at which the candidacy | 1575 |
| is to be voted on, whichever election occurs soonest, except that | 1576 |
| a person who is a write-in candidate shall file the statement no | 1577 |
| later than the twentieth day before the earliest election at which | 1578 |
| the person's candidacy is to be voted on. A person who holds | 1579 |
| elective office shall file the statement on or before the | 1580 |
| fifteenth day of April of each year unless the person is a | 1581 |
| candidate for office. A person who is appointed to fill a vacancy | 1582 |
| for an unexpired term in an elective office shall file the | 1583 |
| statement within fifteen days after the person qualifies for | 1584 |
| office. Other persons shall file an annual statement on or before | 1585 |
| the fifteenth day of April or, if appointed or employed after that | 1586 |
| date, within ninety days after appointment or employment. No | 1587 |
| person shall be required to file with the appropriate ethics | 1588 |
| commission more than one statement or pay more than one filing fee | 1589 |
| for any one calendar year. | 1590 |
| The appropriate ethics commission, for good cause, may extend | 1591 |
| for a reasonable time the deadline for filing a statement under | 1592 |
| this section. | 1593 |
| A statement filed under this section is subject to public | 1594 |
| inspection at locations designated by the appropriate ethics | 1595 |
| commission except as otherwise provided in this section. | 1596 |
| (B) The Ohio ethics commission, the joint legislative ethics | 1597 |
| committee, and the board of commissioners on grievances and | 1598 |
| discipline of the supreme court, using the rule-making procedures | 1599 |
| of Chapter 119. of the Revised Code, may require any class of | 1600 |
| public officials or employees under its jurisdiction and not | 1601 |
| specifically excluded by this section whose positions involve a | 1602 |
| substantial and material exercise of administrative discretion in | 1603 |
| the formulation of public policy, expenditure of public funds, | 1604 |
| enforcement of laws and rules of the state or a county or city, or | 1605 |
| the execution of other public trusts, to file an annual statement | 1606 |
| on or before the fifteenth day of April under division (A) of this | 1607 |
| section. The appropriate ethics commission shall send the public | 1608 |
| officials or employees written notice of the requirement by the | 1609 |
| fifteenth day of February of each year the filing is required | 1610 |
| unless the public official or employee is appointed after that | 1611 |
| date, in which case the notice shall be sent within thirty days | 1612 |
| after appointment, and the filing shall be made not later than | 1613 |
| ninety days after appointment. | 1614 |
| Except for disclosure statements filed by members of the | 1615 |
| board of trustees and the executive director of the tobacco use | 1616 |
| prevention and control foundation and members of the board of | 1617 |
| trustees and the executive director of the southern Ohio | 1618 |
| agricultural and community development foundation, disclosure | 1619 |
| statements filed under this division with the Ohio ethics | 1620 |
| commission by members of boards, commissions, or bureaus of the | 1621 |
| state for which no compensation is received other than reasonable | 1622 |
| and necessary expenses shall be kept confidential. Disclosure | 1623 |
| statements filed with the Ohio ethics commission under division | 1624 |
| (A) of this section by business managers, treasurers, and | 1625 |
| superintendents of city, local, exempted village, joint | 1626 |
| vocational, or cooperative education school districts or | 1627 |
| educational service centers shall be kept confidential, except | 1628 |
| that any person conducting an audit of any such school district or | 1629 |
| educational service center pursuant to section 115.56 or Chapter | 1630 |
| 117. of the Revised Code may examine the disclosure statement of | 1631 |
| any business manager, treasurer, or superintendent of that school | 1632 |
| district or educational service center. The Ohio ethics commission | 1633 |
| shall examine each disclosure statement required to be kept | 1634 |
| confidential to determine whether a potential conflict of interest | 1635 |
| exists for the person who filed the disclosure statement. A | 1636 |
| potential conflict of interest exists if the private interests of | 1637 |
| the person, as indicated by the person's disclosure statement, | 1638 |
| might interfere with the public interests the person is required | 1639 |
| to serve in the exercise of the person's authority and duties in | 1640 |
| the person's office or position of employment. If the commission | 1641 |
| determines that a potential conflict of interest exists, it shall | 1642 |
| notify the person who filed the disclosure statement and shall | 1643 |
| make the portions of the disclosure statement that indicate a | 1644 |
| potential conflict of interest subject to public inspection in the | 1645 |
| same manner as is provided for other disclosure statements. Any | 1646 |
| portion of the disclosure statement that the commission determines | 1647 |
| does not indicate a potential conflict of interest shall be kept | 1648 |
| confidential by the commission and shall not be made subject to | 1649 |
| public inspection, except as is necessary for the enforcement of | 1650 |
| Chapters 102. and 2921. of the Revised Code and except as | 1651 |
| otherwise provided in this division. | 1652 |
| (C) No person shall knowingly fail to file, on or before the | 1653 |
| applicable filing deadline established under this section, a | 1654 |
| statement that is required by this section. | 1655 |
| (D) No person shall knowingly file a false statement that is | 1656 |
| required to be filed under this section. | 1657 |
| (E)(1) Except as provided in divisions (E)(2) and (3) of this | 1658 |
| section, the statement required by division (A) or (B) of this | 1659 |
| section shall be accompanied by a filing fee of forty dollars. | 1660 |
| (2) The statement required by division (A) of this section | 1661 |
| shall be accompanied by the following filing fee to be paid by the | 1662 |
| person who is elected or appointed to, or is a candidate for, any | 1663 |
| of the following offices: | 1664 |
| For state office, except member of the | 1665 | ||||
| state board of education | $65 | 1666 | |||
| For office of member of general assembly | $40 | 1667 | |||
| For county office | $40 | 1668 | |||
| For city office | $25 | 1669 | |||
| For office of member of the state board | 1670 | ||||
| of education | $25 | 1671 | |||
| For office of member of a city, local, | 1672 | ||||
| exempted village, or cooperative | 1673 | ||||
| education board of | 1674 | ||||
| education or educational service | 1675 | ||||
| center governing board | $20 | 1676 | |||
| For position of business manager, | 1677 | ||||
| treasurer, or superintendent of a | 1678 | ||||
| city, local, exempted village, joint | 1679 | ||||
| vocational, or cooperative education | 1680 | ||||
| school district or | 1681 | ||||
| educational service center | $20 | 1682 |
| (3) No judge of a court of record or candidate for judge of a | 1683 |
| court of record, and no referee or magistrate serving a court of | 1684 |
| record, shall be required to pay the fee required under division | 1685 |
| (E)(1) or (2) or (F) of this section. | 1686 |
| (4) For any public official who is appointed to a nonelective | 1687 |
| office of the state and for any employee who holds a nonelective | 1688 |
| position in a public agency of the state, the state agency that is | 1689 |
| the primary employer of the state official or employee shall pay | 1690 |
| the fee required under division (E)(1) or (F) of this section. | 1691 |
| (F) If a statement required to be filed under this section is | 1692 |
| not filed by the date on which it is required to be filed, the | 1693 |
| appropriate ethics commission shall assess the person required to | 1694 |
| file the statement a late filing fee of ten dollars for each day | 1695 |
| the statement is not filed, except that the total amount of the | 1696 |
| late filing fee shall not exceed two hundred fifty dollars. | 1697 |
| (G)(1) The appropriate ethics commission other than the Ohio | 1698 |
| ethics commission shall deposit all fees it receives under | 1699 |
| divisions (E) and (F) of this section into the general revenue | 1700 |
| fund of the state. | 1701 |
| (2) The Ohio ethics commission shall deposit all receipts, | 1702 |
| including, but not limited to, fees it receives under divisions | 1703 |
| (E) and (F) of this section and all moneys it receives from | 1704 |
| settlements under division (G) of section 102.06 of the Revised | 1705 |
| Code, into the Ohio ethics commission fund, which is hereby | 1706 |
| created in the state treasury. All moneys credited to the fund | 1707 |
| shall be used solely for expenses related to the operation and | 1708 |
| statutory functions of the commission. | 1709 |
| (H) Division (A) of this section does not apply to a person | 1710 |
| elected or appointed to the office of precinct, ward, or district | 1711 |
| committee member under Chapter 3517. of the Revised Code; a | 1712 |
| presidential elector; a delegate to a national convention; village | 1713 |
| or township officials and employees; any physician or psychiatrist | 1714 |
| who is paid a salary or wage in accordance with schedule C of | 1715 |
| section 124.15 or schedule E-2 of section 124.152 of the Revised | 1716 |
| Code and whose primary duties do not require the exercise of | 1717 |
| administrative discretion; or any member of a board, commission, | 1718 |
| or bureau of any county or city who receives less than one | 1719 |
| thousand dollars per year for serving in that position. | 1720 |
| Sec. 102.06. (A) The appropriate ethics commission shall | 1721 |
| receive and may initiate complaints against persons subject to | 1722 |
| this chapter concerning conduct alleged to be in violation of this | 1723 |
| chapter or section 2921.42 or 2921.43 of the Revised Code. All | 1724 |
| complaints except those by the commission shall be by affidavit | 1725 |
| made on personal knowledge, subject to the penalties of perjury. | 1726 |
| Complaints by the commission shall be by affidavit, based upon | 1727 |
| reasonable cause to believe that a violation has occurred. | 1728 |
| (B) The appropriate ethics commission shall investigate | 1729 |
| complaints, may investigate charges presented to it, and may | 1730 |
| request further information, including the specific amount of | 1731 |
| income from a source, from any person filing with the commission a | 1732 |
| statement required by section 102.02 or 102.021 of the Revised | 1733 |
| Code, if the information sought is directly relevant to a | 1734 |
| complaint or charges received by the commission pursuant to this | 1735 |
| section. This information is confidential, except that the | 1736 |
| commission, in its discretion, may share information gathered in | 1737 |
| the course of any investigation with, or disclose the information | 1738 |
| to, the inspector general, any appropriate prosecuting authority, | 1739 |
| any law enforcement agency, or any other appropriate ethics | 1740 |
| commission. If the accused person is a member of the public | 1741 |
| employees retirement board, state teachers retirement board, | 1742 |
| school employees retirement board, board of trustees of the Ohio | 1743 |
| police and fire pension fund, or state highway patrol retirement | 1744 |
| board, or is a voting member of the workers' compensation | 1745 |
| oversight commission the appropriate ethics commission, in its | 1746 |
| discretion, also may share information gathered in the course of | 1747 |
| an investigation with, or disclose the information to, the | 1748 |
| attorney general and the auditor of state. The person so requested | 1749 |
| shall furnish the information to the commission, unless within | 1750 |
| fifteen days from the date of the request the person files an | 1751 |
| action for declaratory judgment challenging the legitimacy of the | 1752 |
| request in the court of common pleas of the county of the person's | 1753 |
| residence, the person's place of employment, or Franklin county. | 1754 |
| The requested information need not be furnished to the commission | 1755 |
| during the pendency of the judicial proceedings. Proceedings of | 1756 |
| the commission in connection with the declaratory judgment action | 1757 |
| shall be kept confidential except as otherwise provided by this | 1758 |
| section. Before the commission proceeds to take any formal action | 1759 |
| against a person who is the subject of an investigation based on | 1760 |
| charges presented to the commission, a complaint shall be filed | 1761 |
| against the person. If the commission finds that a complaint is | 1762 |
| not frivolous, and there is reasonable cause to believe that the | 1763 |
| facts alleged in a complaint constitute a violation of section | 1764 |
| 102.02, 102.021, 102.03, 102.04, 102.07, 2921.42, or 2921.43 of | 1765 |
| the Revised Code, it shall hold a hearing. If the commission does | 1766 |
| not so find, it shall dismiss the complaint and notify the accused | 1767 |
| person in writing of the dismissal of the complaint. The | 1768 |
| commission shall not make a report of its finding unless the | 1769 |
| accused person requests a report. Upon the request of the accused | 1770 |
| person, the commission shall make a public report of its finding. | 1771 |
| The person against whom the complaint is directed shall be given | 1772 |
| reasonable notice by certified mail of the date, time, and place | 1773 |
| of the hearing and a statement of the charges and the law directly | 1774 |
| involved and shall be given the opportunity to be represented by | 1775 |
| counsel, to have counsel appointed for the person if the person is | 1776 |
| unable to afford counsel without undue hardship, to examine the | 1777 |
| evidence against the person, to produce evidence and to call and | 1778 |
| subpoena witnesses in the person's defense, to confront the | 1779 |
| person's accusers, and to cross-examine witnesses. The commission | 1780 |
| shall have a stenographic record made of the hearing. The hearing | 1781 |
| shall be closed to the public. | 1782 |
| (C)(1)(a) If, upon the basis of the hearing, the appropriate | 1783 |
| ethics commission finds by a preponderance of the evidence that | 1784 |
| the facts alleged in the complaint are true and constitute a | 1785 |
| violation of section 102.02, 102.021, 102.03, 102.04, 102.07, | 1786 |
| 2921.42, or 2921.43 of the Revised Code, it shall report its | 1787 |
| findings to the appropriate prosecuting authority for proceedings | 1788 |
| in prosecution of the violation and to the appointing or employing | 1789 |
| authority of the accused. If the accused person is a member of the | 1790 |
| public employees retirement board, state teachers retirement | 1791 |
| board, school employees retirement board, board of trustees of the | 1792 |
| Ohio police and fire pension fund, or state highway patrol | 1793 |
| retirement board, the commission also shall report its findings to | 1794 |
| the Ohio retirement study council. | 1795 |
| (b) If the Ohio ethics commission reports its findings to the | 1796 |
| appropriate prosecuting authority under division (C)(1)(a) of this | 1797 |
| section and the prosecuting authority has not initiated any | 1798 |
| official action on those findings within ninety days after | 1799 |
| receiving the commission's report of them, the commission may | 1800 |
| publicly comment that no official action has been taken on its | 1801 |
| findings, except that the commission shall make no comment in | 1802 |
| violation of the Rules of Criminal Procedure or about any | 1803 |
| indictment that has been sealed pursuant to any law or those | 1804 |
| rules. The commission shall make no comment regarding the merits | 1805 |
| of its findings. As used in division (C)(1)(b) of this section, | 1806 |
| "official action" means prosecution, closure after investigation, | 1807 |
| or grand jury action resulting in a true bill of indictment or no | 1808 |
| true bill of indictment. | 1809 |
| (2) If the appropriate ethics commission does not find by a | 1810 |
| preponderance of the evidence that the facts alleged in the | 1811 |
| complaint are true and constitute a violation of section 102.02, | 1812 |
| 102.021, 102.03, 102.04, 102.07, 2921.42, or 2921.43 of the | 1813 |
| Revised Code or if the commission has not scheduled a hearing | 1814 |
| within ninety days after the complaint is filed or has not finally | 1815 |
| disposed of the complaint within six months after it has been | 1816 |
| heard, it shall dismiss the complaint and notify the accused | 1817 |
| person in writing of the dismissal of the complaint. The | 1818 |
| commission shall not make a report of its finding unless the | 1819 |
| accused person requests a report. Upon the request of the accused | 1820 |
| person, the commission shall make a public report of the finding, | 1821 |
| but in this case all evidence and the record of the hearing shall | 1822 |
| remain confidential unless the accused person also requests that | 1823 |
| the evidence and record be made public. Upon request by the | 1824 |
| accused person, the commission shall make the evidence and the | 1825 |
| record available for public inspection. | 1826 |
| (D) The appropriate ethics commission, or a member of the | 1827 |
| commission, may administer oaths, and the commission may issue | 1828 |
| subpoenas to any person in the state compelling the attendance of | 1829 |
| witnesses and the production of relevant papers, books, accounts, | 1830 |
| and records. The commission shall issue subpoenas to compel the | 1831 |
| attendance of witnesses and the production of documents upon the | 1832 |
| request of an accused person. Section 101.42 of the Revised Code | 1833 |
| shall govern the issuance of these subpoenas insofar as | 1834 |
| applicable. Upon the refusal of any person to obey a subpoena or | 1835 |
| to be sworn or to answer as a witness, the commission may apply to | 1836 |
| the court of common pleas of Franklin county under section 2705.03 | 1837 |
| of the Revised Code. The court shall hold proceedings in | 1838 |
| accordance with Chapter 2705. of the Revised Code. The commission | 1839 |
| or the accused person may take the depositions of witnesses | 1840 |
| residing within or without the state in the same manner as | 1841 |
| prescribed by law for the taking of depositions in civil actions | 1842 |
| in the court of common pleas. | 1843 |
| (E) At least once each year, the Ohio ethics commission shall | 1844 |
| report on its activities of the immediately preceding year to the | 1845 |
| majority and minority leaders of the senate and house of | 1846 |
| representatives of the general assembly. The report shall indicate | 1847 |
| the total number of complaints received, initiated, and | 1848 |
| investigated by the commission, the total number of complaints for | 1849 |
| which formal hearings were held, and the total number of | 1850 |
| complaints for which formal prosecution was recommended or | 1851 |
| requested by the commission. The report also shall indicate the | 1852 |
| nature of the inappropriate conduct alleged in each complaint and | 1853 |
| the governmental entity with which any employee or official that | 1854 |
| is the subject of a complaint was employed at the time of the | 1855 |
| alleged inappropriate conduct. | 1856 |
| (F) All papers, records, affidavits, and documents upon any | 1857 |
| complaint, inquiry, or investigation relating to the proceedings | 1858 |
| of the appropriate ethics commission shall be sealed and are | 1859 |
| private and confidential, except as otherwise provided in this | 1860 |
| section and section 102.07 of the Revised Code. | 1861 |
| (G)(1) When a complaint or charge is before it, the Ohio | 1862 |
| ethics commission or the appropriate prosecuting authority, in | 1863 |
| consultation with the person filing the complaint or charge, the | 1864 |
| accused, and any other person the commission or prosecuting | 1865 |
| authority considers necessary, may compromise or settle the | 1866 |
| complaint or charge with the agreement of the accused. The | 1867 |
| compromise or settlement may include mediation, restitution, | 1868 |
| rescission of affected contracts, forfeiture of any benefits | 1869 |
| resulting from a violation or potential violation of law, | 1870 |
| resignation of a public official or employee, or any other relief | 1871 |
| that is agreed upon between the commission or prosecuting | 1872 |
| authority and the accused. | 1873 |
| (2) Any settlement agreement entered into under division | 1874 |
| (G)(1) of this section shall be in writing and be accompanied by a | 1875 |
| statement of the findings of the commission or prosecuting | 1876 |
| authority and the reasons for entering into the agreement. The | 1877 |
| commission or prosecuting authority shall retain the agreement and | 1878 |
| statement in the commission's or prosecuting authority's office | 1879 |
| and, in the commission's or prosecuting authority's discretion, | 1880 |
| may make the agreement, the statement, and any supporting | 1881 |
| information public, unless the agreement provides otherwise. | 1882 |
| (3) If a settlement agreement is breached by the accused, the | 1883 |
| commission or prosecuting authority, in the commission's or | 1884 |
| prosecuting authority's discretion, may rescind the agreement and | 1885 |
| reinstitute any investigation, hearing, or prosecution of the | 1886 |
| accused. No information obtained from the accused in reaching the | 1887 |
| settlement that is not otherwise discoverable from the accused | 1888 |
| shall be used in any proceeding before the commission or by the | 1889 |
| appropriate prosecuting authority in prosecuting the violation. | 1890 |
| Notwithstanding any other section of the Revised Code, if a | 1891 |
| settlement agreement is breached, any statute of limitations for a | 1892 |
| violation of this chapter or section 2921.42 or 2921.43 of the | 1893 |
| Revised Code is tolled from the date the complaint or charge is | 1894 |
| filed until the date the settlement agreement is breached. | 1895 |
| Sec. 103.132. The legislative service commission, in | 1896 |
| conjunction with the legislative information systems office, shall | 1897 |
| establish and maintain an electronic database containing current | 1898 |
| and historical revenue and expenditure data for each school | 1899 |
| district in the state that is easy to use and readily accessible | 1900 |
| through the internet. | 1901 |
| Sec. 105.41. (A) There is hereby created the capitol square | 1902 |
| review and advisory board, consisting of one nonvoting member, who | 1903 |
| shall be a member of the capital square foundation appointed by | 1904 |
| the board of the foundation, and the following thirteen voting | 1905 |
| members | 1906 |
| (1) Two members of the senate, appointed by the president of | 1907 |
| the senate, both of whom shall not be members of the same | 1908 |
| political party; | 1909 |
| (2) Two members of the house of representatives, appointed by | 1910 |
| the speaker of the house of representatives, both of whom shall | 1911 |
| not be members of the same political party; | 1912 |
| (3) Five members appointed by the governor, with the advice | 1913 |
| and consent of the senate, not more than three of whom shall be | 1914 |
| members of the same political party, one of whom shall represent | 1915 |
| the office of the state architect and engineer, one of whom shall | 1916 |
| represent the Ohio arts council, one of whom shall represent the | 1917 |
| Ohio historical society, one of whom shall represent the Ohio | 1918 |
| building authority, and one of whom shall represent the public at | 1919 |
| large; | 1920 |
| (4) One member, who shall be a former president of the | 1921 |
| senate, appointed by the current president of the senate. If the | 1922 |
| current president of the senate, in the current president's | 1923 |
| discretion, decides for any reason not to make the appointment or | 1924 |
| if no person is eligible or available to serve, the seat shall | 1925 |
| remain vacant. | 1926 |
| (5) One member, who shall be a former speaker of the house of | 1927 |
| representatives, appointed by the current speaker of the house of | 1928 |
| representatives. If the current speaker of the house of | 1929 |
| representatives, in the current speaker's discretion, decides for | 1930 |
| any reason not to make the appointment or if no person is eligible | 1931 |
| or available to serve, the seat shall remain vacant. | 1932 |
| (6) The clerk of the senate and the clerk of the house of | 1933 |
| representatives. | 1934 |
| (B) Terms of office of each appointed member of the board | 1935 |
| shall be for three years, except that members of the general | 1936 |
| assembly appointed to the board shall be members of the board only | 1937 |
| so long as they are members of the general assembly. Each member | 1938 |
| shall hold office from the date of the member's appointment until | 1939 |
| the end of the term for which the member was appointed. In case of | 1940 |
| a vacancy occurring on the board, the president of the senate, the | 1941 |
|
speaker of the house of representatives, | 1942 |
| board of the foundation, as the case may be, shall in the same | 1943 |
| manner prescribed for the regular appointment to the commission, | 1944 |
| fill the vacancy by appointing a member. Any member appointed to | 1945 |
| fill a vacancy occurring prior to the expiration of the term for | 1946 |
| which the member's predecessor was appointed shall hold office for | 1947 |
| the remainder of the term. Any appointed member shall continue in | 1948 |
| office subsequent to the expiration date of the member's term | 1949 |
| until the member's successor takes office, or until a period of | 1950 |
| sixty days has elapsed, whichever occurs first. | 1951 |
| (C) The board shall hold meetings in a manner and at times | 1952 |
| prescribed by the rules adopted by the board. A majority of the | 1953 |
| voting members of the board constitutes a quorum, and no action | 1954 |
| shall be taken by the board unless approved by at least six voting | 1955 |
| members or by at least seven voting members if a person is | 1956 |
| appointed under division (A)(4) or (5) of this section. At its | 1957 |
| first meeting, the board shall adopt rules for the conduct of its | 1958 |
| business and the election of its officers, and shall organize by | 1959 |
| selecting a chairperson and other officers as it considers | 1960 |
| necessary. Board members shall serve without compensation but | 1961 |
| shall be reimbursed for actual and necessary expenses incurred in | 1962 |
| the performance of their duties. | 1963 |
| (D) The board may do any of the following: | 1964 |
| (1) Employ or hire on a consulting basis professional, | 1965 |
| technical, and clerical employees as are necessary for the | 1966 |
| performance of its duties; | 1967 |
| (2) Hold public hearings at times and places as determined by | 1968 |
| the board; | 1969 |
| (3) Adopt, amend, or rescind rules necessary to accomplish | 1970 |
| the duties of the board as set forth in this section; | 1971 |
| (4) Sponsor, conduct, and support such social events as the | 1972 |
| board may authorize and consider appropriate for the employees of | 1973 |
| the board, employees and members of the general assembly, | 1974 |
| employees of persons under contract with the board or otherwise | 1975 |
| engaged to perform services on the premises of capitol square, or | 1976 |
| other persons as the board may consider appropriate. Subject to | 1977 |
| the requirements of Chapter 4303. of the Revised Code, the board | 1978 |
| may provide beer, wine, and intoxicating liquor, with or without | 1979 |
| charge, for those events and may use funds only from the sale of | 1980 |
| goods and services fund to purchase the beer, wine, and | 1981 |
| intoxicating liquor the board provides. | 1982 |
| (E) The board shall do all of the following: | 1983 |
| (1) Have sole authority to coordinate and approve any | 1984 |
| improvements, additions, and renovations that are made to the | 1985 |
| capitol square. The improvements shall include, but not be limited | 1986 |
| to, the placement of monuments and sculpture on the capitol | 1987 |
| grounds. | 1988 |
| (2) Subject to section 3353.07 of the Revised Code, operate | 1989 |
| the capitol square, and have sole authority to regulate all uses | 1990 |
| of the capitol square. The uses shall include, but not be limited | 1991 |
| to, the casual and recreational use of the capitol square. | 1992 |
| (3) Employ, fix the compensation of, and prescribe the duties | 1993 |
| of the executive director of the board and other employees the | 1994 |
| board considers necessary for the performance of its powers and | 1995 |
| duties; | 1996 |
| (4) Establish and maintain the capitol collection trust. The | 1997 |
| capitol collection trust shall consist of furniture, antiques, and | 1998 |
| other items of personal property that the board shall store in | 1999 |
| suitable facilities until they are ready to be placed in the | 2000 |
| capitol square. | 2001 |
| (5) Perform repair, construction, contracting, purchasing, | 2002 |
| maintenance, supervisory, and operating activities the board | 2003 |
| determines are necessary for the operation and maintenance of the | 2004 |
| capitol square; | 2005 |
| (6) Maintain and preserve the capitol square, in accordance | 2006 |
| with guidelines issued by the United States secretary of the | 2007 |
| interior for application of the secretary's standards for | 2008 |
| rehabilitation adopted in 36 C.F.R. part 67. | 2009 |
| (F)(1) The board shall lease capital facilities improved or | 2010 |
| financed by the Ohio building authority pursuant to Chapter 152. | 2011 |
| of the Revised Code for the use of the board, and may enter into | 2012 |
| any other agreements with the authority ancillary to improvement, | 2013 |
| financing, or leasing of those capital facilities, including, but | 2014 |
| not limited to, any agreement required by the applicable bond | 2015 |
| proceedings authorized by Chapter 152. of the Revised Code. Any | 2016 |
| lease of capital facilities authorized by this section shall be | 2017 |
| governed by division (D) of section 152.24 of the Revised Code. | 2018 |
| (2) Fees, receipts, and revenues received by the board from | 2019 |
| the state underground parking garage constitute available receipts | 2020 |
| as defined in section 152.09 of the Revised Code, and may be | 2021 |
| pledged to the payment of bond service charges on obligations | 2022 |
| issued by the Ohio building authority pursuant to Chapter 152. of | 2023 |
| the Revised Code to improve or finance capital facilities useful | 2024 |
| to the board. The authority may, with the consent of the board, | 2025 |
| provide in the bond proceedings for a pledge of all or a portion | 2026 |
| of those fees, receipts, and revenues as the authority determines. | 2027 |
| The authority may provide in the bond proceedings or by separate | 2028 |
| agreement with the board for the transfer of those fees, receipts, | 2029 |
| and revenues to the appropriate bond service fund or bond service | 2030 |
| reserve fund as required to pay the bond service charges when due, | 2031 |
| and any such provision for the transfer of those fees, receipts, | 2032 |
| and revenues shall be controlling notwithstanding any other | 2033 |
| provision of law pertaining to those fees, receipts, and revenues. | 2034 |
| (3) All moneys received by the treasurer of state on account | 2035 |
| of the board and required by the applicable bond proceedings or by | 2036 |
| separate agreement with the board to be deposited, transferred, or | 2037 |
| credited to the bond service fund or bond service reserve fund | 2038 |
| established by the bond proceedings shall be transferred by the | 2039 |
| treasurer of state to such fund, whether or not it is in the | 2040 |
| custody of the treasurer of state, without necessity for further | 2041 |
| appropriation, upon receipt of notice from the Ohio building | 2042 |
| authority as prescribed in the bond proceedings. | 2043 |
| (G) All fees, receipts, and revenues received by the board | 2044 |
| from the state underground parking garage shall be deposited into | 2045 |
| the state treasury to the credit of the underground parking garage | 2046 |
| operating fund, which is hereby created, to be used for the | 2047 |
| purposes specified in division (F) of this section and for the | 2048 |
| operation and maintenance of the garage. All investment earnings | 2049 |
| of the fund shall be credited to the fund. | 2050 |
| (H) All donations received by the board shall be deposited | 2051 |
| into the state treasury to the credit of the capitol square | 2052 |
| renovation gift fund, which is hereby created. The fund shall be | 2053 |
| used by the board as follows: | 2054 |
| (1) To provide part or all of the funding related to | 2055 |
| construction, goods, or services for the renovation of the capitol | 2056 |
| square; | 2057 |
| (2) To purchase art, antiques, and artifacts for display at | 2058 |
| the capitol square; | 2059 |
| (3) To award contracts or make grants to organizations for | 2060 |
| educating the public regarding the historical background and | 2061 |
| governmental functions of the capitol square. Chapters 125., 127., | 2062 |
| and 153. and section 3517.13 of the Revised Code do not apply to | 2063 |
| purchases made exclusively from the fund, notwithstanding anything | 2064 |
| to the contrary in those chapters or that section. All investment | 2065 |
| earnings of the fund shall be credited to the fund. | 2066 |
| (I) Except as provided in divisions (G), (H), and (J) of this | 2067 |
| section, all fees, receipts, and revenues received by the board | 2068 |
| shall be deposited into the state treasury to the credit of the | 2069 |
| sale of goods and services fund, which is hereby created. Money | 2070 |
| credited to the fund shall be used solely to pay costs of the | 2071 |
| board other than those specified in divisions (F) and (G) of this | 2072 |
| section. All investment earnings of the fund shall be credited to | 2073 |
| the fund. | 2074 |
| (J) There is hereby created in the state treasury the capitol | 2075 |
| square improvement fund, to be used by the board to pay | 2076 |
| construction, renovation, and other costs related to the capitol | 2077 |
| square for which money is not otherwise available to the board. | 2078 |
| Whenever the board determines that there is a need to incur those | 2079 |
| costs and that the unencumbered, unobligated balance to the credit | 2080 |
| of the underground parking garage operating fund exceeds the | 2081 |
| amount needed for the purposes specified in division (F) of this | 2082 |
| section and for the operation and maintenance of the garage, the | 2083 |
| board may request the director of budget and management to | 2084 |
| transfer from the underground parking garage operating fund to the | 2085 |
| capitol square improvement fund the amount needed to pay such | 2086 |
| construction, renovation, or other costs. The director then shall | 2087 |
| transfer the amount needed from the excess balance of the | 2088 |
| underground parking garage operating fund. | 2089 |
| (K) As the operation and maintenance of the capitol square | 2090 |
| constitute essential government functions of a public purpose, the | 2091 |
| board shall not be required to pay taxes or assessments upon the | 2092 |
| square, upon any property acquired or used by the board under this | 2093 |
| section, or upon any income generated by the operation of the | 2094 |
| square. | 2095 |
| (L) As used in this section, "capitol square" means the | 2096 |
| capitol building, senate building, capitol atrium, capitol | 2097 |
| grounds, and the state underground parking garage. | 2098 |
| (M) The capitol annex shall be known as the senate building. | 2099 |
| Sec. 108.05. (A) The lieutenant governor shall be a member | 2100 |
| of the governor's cabinet and shall preside at its meetings in the | 2101 |
| absence of the governor. | 2102 |
| (B) The governor may appoint the lieutenant governor as an | 2103 |
| administrative department head listed in section 121.03 of the | 2104 |
| Revised Code, | 2105 |
| 2106 | |
| governor's representative on any board, agency, committee, or | 2107 |
| commission of which the governor is a member and has the authority | 2108 |
| to appoint a representative, or in an advisory capacity to any | 2109 |
| nonelective board, agency, committee, or commission in the | 2110 |
| executive department or may give the lieutenant governor any | 2111 |
| special assignment as the governor considers in the interest of | 2112 |
| the state. | 2113 |
| (C) When carrying out any of the functions described in | 2114 |
| division (B) of this section, the lieutenant governor shall be | 2115 |
| reimbursed from funds of the particular authority for necessary | 2116 |
| expenses incurred in the conduct of authority business. | 2117 |
| Sec. 109.54. (A) The bureau of criminal identification and | 2118 |
| investigation may investigate any criminal activity in this state | 2119 |
| that is of statewide or intercounty concern when requested by | 2120 |
| local authorities and may aid federal authorities, when requested, | 2121 |
| in their investigation of any criminal activity in this state. The | 2122 |
| bureau may investigate any criminal activity in this state related | 2123 |
| to the conduct of elections when requested by the secretary of | 2124 |
| state. The bureau may investigate any criminal activity in this | 2125 |
| state involving drug abuse or illegal drug distribution prohibited | 2126 |
| under Chapter 3719. or 4729. of the Revised Code. The | 2127 |
| superintendent and any agent of the bureau may participate, as the | 2128 |
| director of an organized crime task force established under | 2129 |
| section 177.02 of the Revised Code or as a member of the | 2130 |
| investigatory staff of a task force established under that | 2131 |
| section, in an investigation of organized criminal activity | 2132 |
| anywhere within this state under sections 177.01 to 177.03 of the | 2133 |
| Revised Code. | 2134 |
| (B) The bureau may provide any trained investigative | 2135 |
| personnel and specialized equipment that are requested by any | 2136 |
| sheriff or chief of police, by the authorized designee of any | 2137 |
| sheriff or chief of police, or by any other authorized law | 2138 |
| enforcement officer to aid and assist the officer in the | 2139 |
| investigation and solution of any crime or the control of any | 2140 |
| criminal activity occurring within the officer's jurisdiction. | 2141 |
| This assistance shall be furnished by the bureau without | 2142 |
| disturbing or impairing any of the existing law enforcement | 2143 |
| authority or the prerogatives of local law enforcement authorities | 2144 |
| or officers. Investigators provided pursuant to this section, or | 2145 |
| engaged in an investigation pursuant to section 109.83 of the | 2146 |
| Revised Code, may go armed in the same manner as sheriffs and | 2147 |
| regularly appointed police officers under section 2923.12 of the | 2148 |
| Revised Code. | 2149 |
| (C)(1) The bureau shall obtain recording equipment that can | 2150 |
| be used to record depositions of the type described in division | 2151 |
| (A) of section 2152.81 and division (A) of section 2945.481 of the | 2152 |
| Revised Code, or testimony of the type described in division (D) | 2153 |
| of section 2152.81 and division (D) of section 2945.481 or in | 2154 |
| division (C) of section 2937.11 of the Revised Code, shall obtain | 2155 |
| closed circuit equipment that can be used to televise testimony of | 2156 |
| the type described in division (C) of section 2152.81 and division | 2157 |
| (C) of section 2945.481 or in division (B) of section 2937.11 of | 2158 |
| the Revised Code, and shall provide the equipment, upon request, | 2159 |
| to any court for use in recording any deposition or testimony of | 2160 |
| one of those types or in televising the testimony in accordance | 2161 |
| with the applicable division. | 2162 |
| (2) The bureau shall obtain the names, addresses, and | 2163 |
| telephone numbers of persons who are experienced in questioning | 2164 |
| children in relation to an investigation of a violation of section | 2165 |
| 2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06, | 2166 |
| 2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32, | 2167 |
| 2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an | 2168 |
| offense of violence and shall maintain a list of those names, | 2169 |
| addresses, and telephone numbers. The list shall include a | 2170 |
| classification of the names, addresses, and telephone numbers by | 2171 |
| appellate district. Upon request, the bureau shall provide any | 2172 |
| county sheriff, chief of police, prosecuting attorney, village | 2173 |
| solicitor, city director of law, or similar chief legal officer | 2174 |
| with the name, address, and telephone number of any person | 2175 |
| contained in the list. | 2176 |
| Sec. 109.57. (A)(1) The superintendent of the bureau of | 2177 |
| criminal identification and investigation shall procure from | 2178 |
| wherever procurable and file for record photographs, pictures, | 2179 |
| descriptions, fingerprints, measurements, and other information | 2180 |
| that may be pertinent of all persons who have been convicted of | 2181 |
| committing within this state a felony, any crime constituting a | 2182 |
| misdemeanor on the first offense and a felony on subsequent | 2183 |
| offenses, or any misdemeanor described in division (A)(1)(a) of | 2184 |
| section 109.572 of the Revised Code, of all children under | 2185 |
| eighteen years of age who have been adjudicated delinquent | 2186 |
| children for committing within this state an act that would be a | 2187 |
| felony or an offense of violence if committed by an adult or who | 2188 |
| have been convicted of or pleaded guilty to committing within this | 2189 |
| state a felony or an offense of violence, and of all well-known | 2190 |
| and habitual criminals. The person in charge of any county, | 2191 |
| multicounty, municipal, municipal-county, or multicounty-municipal | 2192 |
| jail or workhouse, community-based correctional facility, halfway | 2193 |
| house, alternative residential facility, or state correctional | 2194 |
| institution and the person in charge of any state institution | 2195 |
| having custody of a person suspected of having committed a felony, | 2196 |
| any crime constituting a misdemeanor on the first offense and a | 2197 |
| felony on subsequent offenses, or any misdemeanor described in | 2198 |
| division (A)(1)(a) of section 109.572 of the Revised Code or | 2199 |
| having custody of a child under eighteen years of age with respect | 2200 |
| to whom there is probable cause to believe that the child may have | 2201 |
| committed an act that would be a felony or an offense of violence | 2202 |
| if committed by an adult shall furnish such material to the | 2203 |
| superintendent of the bureau. Fingerprints, photographs, or other | 2204 |
| descriptive information of a child who is under eighteen years of | 2205 |
| age, has not been arrested or otherwise taken into custody for | 2206 |
| committing an act that would be a felony or an offense of violence | 2207 |
| if committed by an adult, has not been adjudicated a delinquent | 2208 |
| child for committing an act that would be a felony or an offense | 2209 |
| of violence if committed by an adult, has not been convicted of or | 2210 |
| pleaded guilty to committing a felony or an offense of violence, | 2211 |
| and is not a child with respect to whom there is probable cause to | 2212 |
| believe that the child may have committed an act that would be a | 2213 |
| felony or an offense of violence if committed by an adult shall | 2214 |
| not be procured by the superintendent or furnished by any person | 2215 |
| in charge of any county, multicounty, municipal, municipal-county, | 2216 |
| or multicounty-municipal jail or workhouse, community-based | 2217 |
| correctional facility, halfway house, alternative residential | 2218 |
| facility, or state correctional institution, except as authorized | 2219 |
| in section 2151.313 of the Revised Code. | 2220 |
| (2) Every clerk of a court of record in this state, other | 2221 |
| than the supreme court or a court of appeals, shall send to the | 2222 |
| superintendent of the bureau a weekly report containing a summary | 2223 |
| of each case involving a felony, involving any crime constituting | 2224 |
| a misdemeanor on the first offense and a felony on subsequent | 2225 |
| offenses, involving a misdemeanor described in division (A)(1)(a) | 2226 |
| of section 109.572 of the Revised Code, or involving an | 2227 |
| adjudication in a case in which a child under eighteen years of | 2228 |
| age was alleged to be a delinquent child for committing an act | 2229 |
| that would be a felony or an offense of violence if committed by | 2230 |
| an adult. The clerk of the court of common pleas shall include in | 2231 |
| the report and summary the clerk sends under this division all | 2232 |
| information described in divisions (A)(2)(a) to (f) of this | 2233 |
| section regarding a case before the court of appeals that is | 2234 |
| served by that clerk. The summary shall be written on the standard | 2235 |
| forms furnished by the superintendent pursuant to division (B) of | 2236 |
| this section and shall include the following information: | 2237 |
| (a) The incident tracking number contained on the standard | 2238 |
| forms furnished by the superintendent pursuant to division (B) of | 2239 |
| this section; | 2240 |
| (b) The style and number of the case; | 2241 |
| (c) The date of arrest; | 2242 |
| (d) The date that the person was convicted of or pleaded | 2243 |
| guilty to the offense, adjudicated a delinquent child for | 2244 |
| committing the act that would be a felony or an offense of | 2245 |
| violence if committed by an adult, found not guilty of the | 2246 |
| offense, or found not to be a delinquent child for committing an | 2247 |
| act that would be a felony or an offense of violence if committed | 2248 |
| by an adult, the date of an entry dismissing the charge, an entry | 2249 |
| declaring a mistrial of the offense in which the person is | 2250 |
| discharged, an entry finding that the person or child is not | 2251 |
| competent to stand trial, or an entry of a nolle prosequi, or the | 2252 |
| date of any other determination that constitutes final resolution | 2253 |
| of the case; | 2254 |
| (e) A statement of the original charge with the section of | 2255 |
| the Revised Code that was alleged to be violated; | 2256 |
| (f) If the person or child was convicted, pleaded guilty, or | 2257 |
| was adjudicated a delinquent child, the sentence or terms of | 2258 |
| probation imposed or any other disposition of the offender or the | 2259 |
| delinquent child. | 2260 |
| If the offense involved the disarming of a law enforcement | 2261 |
| officer or an attempt to disarm a law enforcement officer, the | 2262 |
| clerk shall clearly state that fact in the summary, and the | 2263 |
| superintendent shall ensure that a clear statement of that fact is | 2264 |
| placed in the bureau's records. | 2265 |
| (3) The superintendent shall cooperate with and assist | 2266 |
| sheriffs, chiefs of police, and other law enforcement officers in | 2267 |
| the establishment of a complete system of criminal identification | 2268 |
| and in obtaining fingerprints and other means of identification of | 2269 |
| all persons arrested on a charge of a felony, any crime | 2270 |
| constituting a misdemeanor on the first offense and a felony on | 2271 |
| subsequent offenses, or a misdemeanor described in division | 2272 |
| (A)(1)(a) of section 109.572 of the Revised Code and of all | 2273 |
| children under eighteen years of age arrested or otherwise taken | 2274 |
| into custody for committing an act that would be a felony or an | 2275 |
| offense of violence if committed by an adult. The superintendent | 2276 |
| also shall file for record the fingerprint impressions of all | 2277 |
| persons confined in a county, multicounty, municipal, | 2278 |
| municipal-county, or multicounty-municipal jail or workhouse, | 2279 |
| community-based correctional facility, halfway house, alternative | 2280 |
| residential facility, or state correctional institution for the | 2281 |
| violation of state laws and of all children under eighteen years | 2282 |
| of age who are confined in a county, multicounty, municipal, | 2283 |
| municipal-county, or multicounty-municipal jail or workhouse, | 2284 |
| community-based correctional facility, halfway house, alternative | 2285 |
| residential facility, or state correctional institution or in any | 2286 |
| facility for delinquent children for committing an act that would | 2287 |
| be a felony or an offense of violence if committed by an adult, | 2288 |
| and any other information that the superintendent may receive from | 2289 |
| law enforcement officials of the state and its political | 2290 |
| subdivisions. | 2291 |
| (4) The superintendent shall carry out Chapter 2950. of the | 2292 |
| Revised Code with respect to the registration of persons who are | 2293 |
| convicted of or plead guilty to either a sexually oriented offense | 2294 |
| that is not a registration-exempt sexually oriented offense or a | 2295 |
| child-victim oriented offense and with respect to all other duties | 2296 |
| imposed on the bureau under that chapter. | 2297 |
| (5) The bureau shall perform centralized recordkeeping | 2298 |
| functions for criminal history records and services in this state | 2299 |
| for purposes of the national crime prevention and privacy compact | 2300 |
| set forth in section 109.571 of the Revised Code and is the | 2301 |
| criminal history record repository as defined in that section for | 2302 |
| purposes of that compact. The superintendent or the | 2303 |
| superintendent's designee is the compact officer for purposes of | 2304 |
| that compact and shall carry out the responsibilities of the | 2305 |
| compact officer specified in that compact. | 2306 |
| (B) The superintendent shall prepare and furnish to every | 2307 |
| county, multicounty, municipal, municipal-county, or | 2308 |
| multicounty-municipal jail or workhouse, community-based | 2309 |
| correctional facility, halfway house, alternative residential | 2310 |
| facility, or state correctional institution and to every clerk of | 2311 |
| a court in this state specified in division (A)(2) of this section | 2312 |
| standard forms for reporting the information required under | 2313 |
| division (A) of this section. The standard forms that the | 2314 |
| superintendent prepares pursuant to this division may be in a | 2315 |
| tangible format, in an electronic format, or in both tangible | 2316 |
| formats and electronic formats. | 2317 |
| (C) The superintendent may operate a center for electronic, | 2318 |
| automated, or other data processing for the storage and retrieval | 2319 |
| of information, data, and statistics pertaining to criminals and | 2320 |
| to children under eighteen years of age who are adjudicated | 2321 |
| delinquent children for committing an act that would be a felony | 2322 |
| or an offense of violence if committed by an adult, criminal | 2323 |
| activity, crime prevention, law enforcement, and criminal justice, | 2324 |
| and may establish and operate a statewide communications network | 2325 |
| to gather and disseminate information, data, and statistics for | 2326 |
| the use of law enforcement agencies. The superintendent may | 2327 |
| gather, store, retrieve, and disseminate information, data, and | 2328 |
| statistics that pertain to children who are under eighteen years | 2329 |
| of age and that are gathered pursuant to sections 109.57 to 109.61 | 2330 |
| of the Revised Code together with information, data, and | 2331 |
| statistics that pertain to adults and that are gathered pursuant | 2332 |
| to those sections. In addition to any other authorized use of | 2333 |
| information, data, and statistics of that nature, the | 2334 |
| superintendent or the superintendent's designee may provide and | 2335 |
| exchange the information, data, and statistics pursuant to the | 2336 |
| national crime prevention and privacy compact as described in | 2337 |
| division (A)(5) of this section. | 2338 |
| (D) The information and materials furnished to the | 2339 |
| superintendent pursuant to division (A) of this section and | 2340 |
| information and materials furnished to any board or person under | 2341 |
| division (F) or (G) of this section are not public records under | 2342 |
| section 149.43 of the Revised Code. | 2343 |
| (E) The attorney general shall adopt rules, in accordance | 2344 |
| with Chapter 119. of the Revised Code, setting forth the procedure | 2345 |
| by which a person may receive or release information gathered by | 2346 |
| the superintendent pursuant to division (A) of this section. A | 2347 |
| reasonable fee may be charged for this service. If a temporary | 2348 |
| employment service submits a request for a determination of | 2349 |
| whether a person the service plans to refer to an employment | 2350 |
| position has been convicted of or pleaded guilty to an offense | 2351 |
| listed in division (A)(1), (3), (4), (5), or (6) of section | 2352 |
| 109.572 of the Revised Code, the request shall be treated as a | 2353 |
| single request and only one fee shall be charged. | 2354 |
| (F)(1) As used in division (F)(2) of this section, "head | 2355 |
| start agency" means an entity in this state that has been approved | 2356 |
| to be an agency for purposes of subchapter II of the "Community | 2357 |
| Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831, | 2358 |
| as amended. | 2359 |
| (2)(a) In addition to or in conjunction with any request that | 2360 |
| is required to be made under section 109.572, 2151.86, 3301.32, | 2361 |
| 3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081, | 2362 |
| 5126.28, 5126.281, or 5153.111 of the Revised Code, the board of | 2363 |
| education of any school district; the director of mental | 2364 |
| retardation and developmental disabilities; any county board of | 2365 |
| mental retardation and developmental disabilities; any entity | 2366 |
| under contract with a county board of mental retardation and | 2367 |
| developmental disabilities; the chief administrator of any | 2368 |
| chartered nonpublic school; the chief administrator of any home | 2369 |
| health agency; the chief administrator of or person operating any | 2370 |
| child day-care center, type A family day-care home, or type B | 2371 |
| family day-care home licensed or certified under Chapter 5104. of | 2372 |
| the Revised Code; the administrator of any type C family day-care | 2373 |
| home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st | 2374 |
| general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st | 2375 |
| general assembly; the chief administrator of any head start | 2376 |
| agency; or the executive director of a public children services | 2377 |
| agency may request that the superintendent of the bureau | 2378 |
| investigate and determine, with respect to any individual who has | 2379 |
| applied for employment in any position after October 2, 1989, or | 2380 |
| any individual wishing to apply for employment with a board of | 2381 |
| education may request, with regard to the individual, whether the | 2382 |
| bureau has any information gathered under division (A) of this | 2383 |
| section that pertains to that individual. On receipt of the | 2384 |
| request, the superintendent shall determine whether that | 2385 |
| information exists and, upon request of the person, board, or | 2386 |
| entity requesting information, also shall request from the federal | 2387 |
| bureau of investigation any criminal records it has pertaining to | 2388 |
| that individual. The superintendent or the superintendent's | 2389 |
| designee also may request criminal history records from other | 2390 |
| states or the federal government pursuant to the national crime | 2391 |
| prevention and privacy compact set forth in section 109.571 of the | 2392 |
| Revised Code. Within thirty days of the date that the | 2393 |
| superintendent receives a request, the superintendent shall send | 2394 |
| to the board, entity, or person a report of any information that | 2395 |
| the superintendent determines exists, including information | 2396 |
| contained in records that have been sealed under section 2953.32 | 2397 |
| of the Revised Code, and, within thirty days of its receipt, shall | 2398 |
| send the board, entity, or person a report of any information | 2399 |
| received from the federal bureau of investigation, other than | 2400 |
| information the dissemination of which is prohibited by federal | 2401 |
| law. | 2402 |
| (b) When a board of education is required to receive | 2403 |
| information under this section as a prerequisite to employment of | 2404 |
| an individual pursuant to section 3319.39 of the Revised Code, it | 2405 |
| may accept a certified copy of records that were issued by the | 2406 |
| bureau of criminal identification and investigation and that are | 2407 |
| presented by an individual applying for employment with the | 2408 |
| district in lieu of requesting that information itself. In such a | 2409 |
| case, the board shall accept the certified copy issued by the | 2410 |
| bureau in order to make a photocopy of it for that individual's | 2411 |
| employment application documents and shall return the certified | 2412 |
| copy to the individual. In a case of that nature, a district only | 2413 |
| shall accept a certified copy of records of that nature within one | 2414 |
| year after the date of their issuance by the bureau. | 2415 |
| (3) The state board of education may request, with respect to | 2416 |
| any individual who has applied for employment after October 2, | 2417 |
| 1989, in any position with the state board or the department of | 2418 |
| education, any information that a school district board of | 2419 |
| education is authorized to request under division (F)(2) of this | 2420 |
| section, and the superintendent of the bureau shall proceed as if | 2421 |
| the request has been received from a school district board of | 2422 |
| education under division (F)(2) of this section. | 2423 |
| (4) When the superintendent of the bureau receives a request | 2424 |
| for information under section 3319.291 of the Revised Code, the | 2425 |
| superintendent shall proceed as if the request has been received | 2426 |
| from a school district board of education under division (F)(2) of | 2427 |
| this section. | 2428 |
| (5) When a recipient of | 2429 |
| reading
improvement grant paid under section 3301.86 | 2430 |
| the Revised
Code
| 2431 |
| requests, with respect to any individual who applies to | 2432 |
| participate in
providing any program or service
| 2433 |
| 2434 | |
| the grant, the information that a school district board of | 2435 |
| education is authorized to request under division (F)(2)(a) of | 2436 |
| this section, the superintendent of the bureau shall proceed as if | 2437 |
| the request has been received from a school district board of | 2438 |
| education under division (F)(2)(a) of this section. | 2439 |
| (G) In addition to or in conjunction with any request that is | 2440 |
| required to be made under section 173.41, 3701.881, 3712.09, | 2441 |
| 3721.121, or 3722.151 of the Revised Code with respect to an | 2442 |
| individual who has applied for employment in a position that | 2443 |
| involves providing direct care to an older adult, the chief | 2444 |
| administrator of a PASSPORT agency that provides services through | 2445 |
| the PASSPORT program created under section 173.40 of the Revised | 2446 |
| Code, home health agency, hospice care program, home licensed | 2447 |
| under Chapter 3721. of the Revised Code, adult day-care program | 2448 |
| operated pursuant to rules adopted under section 3721.04 of the | 2449 |
| Revised Code, or adult care facility may request that the | 2450 |
| superintendent of the bureau investigate and determine, with | 2451 |
| respect to any individual who has applied after January 27, 1997, | 2452 |
| for employment in a position that does not involve providing | 2453 |
| direct care to an older adult, whether the bureau has any | 2454 |
| information gathered under division (A) of this section that | 2455 |
| pertains to that individual. On receipt of the request, the | 2456 |
| superintendent shall determine whether that information exists | 2457 |
| and, on request of the administrator requesting information, shall | 2458 |
| also request from the federal bureau of investigation any criminal | 2459 |
| records it has pertaining to that individual. The superintendent | 2460 |
| or the superintendent's designee also may request criminal history | 2461 |
| records from other states or the federal government pursuant to | 2462 |
| the national crime prevention and privacy compact set forth in | 2463 |
| section 109.571 of the Revised Code. Within thirty days of the | 2464 |
| date a request is received, the superintendent shall send to the | 2465 |
| administrator a report of any information determined to exist, | 2466 |
| including information contained in records that have been sealed | 2467 |
| under section 2953.32 of the Revised Code, and, within thirty days | 2468 |
| of its receipt, shall send the administrator a report of any | 2469 |
| information received from the federal bureau of investigation, | 2470 |
| other than information the dissemination of which is prohibited by | 2471 |
| federal law. | 2472 |
| (H) Information obtained by a board, administrator, or other | 2473 |
| person under this section is confidential and shall not be | 2474 |
| released or disseminated. | 2475 |
| (I) The superintendent may charge a reasonable fee for | 2476 |
| providing information or criminal records under division (F)(2) or | 2477 |
| (G) of this section. | 2478 |
| Sec. 109.579. (A) On receipt of a request pursuant to | 2479 |
| division (B) of section 4123.444 of the Revised Code, a completed | 2480 |
| form prescribed pursuant to division (C)(1) of this section, and a | 2481 |
| set of fingerprint impressions obtained in the manner described in | 2482 |
| division (C)(2) of this section, the superintendent of the bureau | 2483 |
| of criminal identification and investigation shall conduct a | 2484 |
| criminal records check in the manner described in division (B) of | 2485 |
| this section to determine whether any information exists that | 2486 |
| indicates that the person who is the subject of the request | 2487 |
| previously has been convicted of or pleaded guilty to any criminal | 2488 |
| offense involving theft, receiving stolen property, embezzlement, | 2489 |
| forgery, fraud, passing bad checks, money laundering, drug | 2490 |
| trafficking, or any criminal offense involving money or | 2491 |
| securities, as set forth in Chapters 2909., 2911., 2913., 2915., | 2492 |
| 2921., 2923., and 2925. of the Revised Code or other law of this | 2493 |
| state, or the laws of any other state or of the United States that | 2494 |
| are substantially equivalent to those offenses. | 2495 |
| (B) The superintendent shall conduct a criminal records check | 2496 |
| pursuant to division (A) of this section as follows: | 2497 |
| (1) The superintendent shall review or cause to be reviewed | 2498 |
| any relevant information gathered and compiled by the bureau under | 2499 |
| division (A) of section 109.57 of the Revised Code that relates to | 2500 |
| the person who is the subject of the request, including any | 2501 |
| relevant information contained in records that have been sealed | 2502 |
| under section 2953.32 of the Revised Code. | 2503 |
| (2) If the request received by the superintendent asks for | 2504 |
| information from the federal bureau of investigation, the | 2505 |
| superintendent shall request from the federal bureau of | 2506 |
| investigation any information it has with respect to the person | 2507 |
| who is the subject of the request. The superintendent shall review | 2508 |
| or cause to be reviewed any information that the superintendent | 2509 |
| receives from the federal bureau of investigation. | 2510 |
| (3) The superintendent shall forward the results of a | 2511 |
| criminal records check conducted pursuant to this division to the | 2512 |
| administrator of workers' compensation. | 2513 |
| (C)(1) The superintendent shall prescribe a form to obtain | 2514 |
| the information necessary to conduct a criminal records check from | 2515 |
| any person for whom a criminal records check is requested pursuant | 2516 |
| to division (B) of section 4123.444 of the Revised Code. The form | 2517 |
| that the superintendent prescribes pursuant to this division may | 2518 |
| be in a tangible format, in an electronic format, or in both | 2519 |
| tangible and electronic formats. | 2520 |
| (2) The superintendent shall prescribe standard impression | 2521 |
| sheets to obtain the fingerprint impressions of any person for | 2522 |
| whom a criminal records check is requested pursuant to section | 2523 |
| 4123.444 of the Revised Code. Any person for whom the | 2524 |
| administrator requests the superintendent to conduct a criminal | 2525 |
| records check pursuant to that section shall have the person's | 2526 |
| fingerprint impressions made at a county sheriff's office, a | 2527 |
| municipal police department, or any other entity with the ability | 2528 |
| to make fingerprint impressions on the standard impression sheets | 2529 |
| prescribed by the superintendent. The office, department, or | 2530 |
| entity may charge the person a reasonable fee for making the | 2531 |
| impressions. The standard impression sheets the superintendent | 2532 |
| prescribes pursuant to this division may be in a tangible format, | 2533 |
| in an electronic format, or in both tangible and electronic | 2534 |
| formats. | 2535 |
| (3) The superintendent may prescribe methods of forwarding | 2536 |
| fingerprint impressions and information necessary to conduct a | 2537 |
| criminal records check. The methods shall include, but are not | 2538 |
| limited to, electronic methods. | 2539 |
| (D) A determination whether any information exists that | 2540 |
| indicates that a person previously has been convicted of or | 2541 |
| pleaded guilty to any offense listed or described in division (A) | 2542 |
| of this section that the superintendent makes pursuant to | 2543 |
| information considered in a criminal records check under this | 2544 |
| section is valid for the person who is the subject of that | 2545 |
| criminal records check for a period of one year after the date the | 2546 |
| superintendent makes that determination. | 2547 |
| (E) The superintendent shall prescribe and charge a | 2548 |
| reasonable fee for providing a criminal records check requested | 2549 |
| under section 4123.444 of the Revised Code. If another request for | 2550 |
| a criminal records check is made under this section for a person | 2551 |
| for whom a valid determination under division (D) of this section | 2552 |
| is available, the superintendent shall provide the determination | 2553 |
| for a reduced fee. | 2554 |
| Sec. 109.60. (A)(1) The sheriffs of the several counties and | 2555 |
| the chiefs of police of cities, immediately upon the arrest of any | 2556 |
| person for any felony, on suspicion of any felony, for a crime | 2557 |
| constituting a misdemeanor on the first offense and a felony on | 2558 |
| subsequent offenses, or for any misdemeanor described in division | 2559 |
| (A)(1)(a) of section 109.572 of the Revised Code, and immediately | 2560 |
| upon the arrest or taking into custody of any child under eighteen | 2561 |
| years of age for committing an act that would be a felony or an | 2562 |
| offense of violence if committed by an adult or upon probable | 2563 |
| cause to believe that a child of that age may have committed an | 2564 |
| act that would be a felony or an offense of violence if committed | 2565 |
| by an adult, shall take the person's or child's fingerprints, or | 2566 |
| cause the same to be taken, according to the fingerprint system of | 2567 |
| identification on the forms furnished by the superintendent of the | 2568 |
| bureau of criminal identification and investigation, and | 2569 |
| immediately shall forward copies of the completed forms, any other | 2570 |
| description that may be required, and the history of the offense | 2571 |
| committed to the bureau to be classified and filed and to the | 2572 |
| clerk of the court having jurisdiction over the prosecution of the | 2573 |
| offense or over the adjudication relative to the act. | 2574 |
| (2) If a sheriff or chief of police has not taken, or caused | 2575 |
| to be taken, a person's or child's fingerprints in accordance with | 2576 |
| division (A)(1) of this section by the time of the arraignment or | 2577 |
| first appearance of the person or child, the court shall order the | 2578 |
| person or child to appear before the sheriff or chief of police | 2579 |
| within twenty-four hours to have the person's or child's | 2580 |
| fingerprints taken. The sheriff or chief of police shall take the | 2581 |
| person's or child's fingerprints, or cause the fingerprints to be | 2582 |
| taken, according to the fingerprint system of identification on | 2583 |
| the forms furnished by the superintendent of the bureau of | 2584 |
| criminal identification and investigation and, immediately after | 2585 |
| the person's or child's arraignment or first appearance, forward | 2586 |
| copies of the completed forms, any other description that may be | 2587 |
| required, and the history of the offense committed to the bureau | 2588 |
| to be classified and filed and to the clerk of the court. | 2589 |
| (3) Every court with jurisdiction over a case involving a | 2590 |
| person or child with respect to whom division (A)(1) of this | 2591 |
| section requires a sheriff or chief of police to take the person's | 2592 |
| or child's fingerprints shall inquire at the time of the person's | 2593 |
| or child's sentencing or adjudication whether or not the person or | 2594 |
| child has been fingerprinted pursuant to division (A)(1) or (2) of | 2595 |
| this section for the original arrest upon which the sentence or | 2596 |
| adjudication is based. If the person or child was not | 2597 |
| fingerprinted for the original arrest upon which the sentence or | 2598 |
| adjudication is based, the court shall order the person or child | 2599 |
| to appear before the sheriff or chief of police within twenty-four | 2600 |
| hours to have the person's or child's fingerprints taken. The | 2601 |
| sheriff or chief of police shall take the person's or child's | 2602 |
| fingerprints, or cause the fingerprints to be taken, according to | 2603 |
| the fingerprint system of identification on the forms furnished by | 2604 |
| the superintendent of the bureau of criminal identification and | 2605 |
| investigation and immediately forward copies of the completed | 2606 |
| forms, any other description that may be required, and the history | 2607 |
| of the offense committed to the bureau to be classified and filed | 2608 |
| and to the clerk of the court. | 2609 |
| (4) If a person or child is in the custody of a law | 2610 |
| enforcement agency or a detention facility, as defined in section | 2611 |
| 2921.01 of the Revised Code, and the chief law enforcement officer | 2612 |
| or chief administrative officer of the detention facility | 2613 |
| discovers that a warrant has been issued or a bill of information | 2614 |
| has been filed alleging the person or child to have committed an | 2615 |
| offense or act other than the offense or act for which the person | 2616 |
| or child is in custody, and the other alleged offense or act is | 2617 |
| one for which fingerprints are to be taken pursuant to division | 2618 |
| (A)(1) of this section, the law enforcement agency or detention | 2619 |
| facility shall take the fingerprints of the person or child, or | 2620 |
| cause the fingerprints to be taken, according to the fingerprint | 2621 |
| system of identification on the forms furnished by the | 2622 |
| superintendent of the bureau of criminal identification and | 2623 |
| investigation and immediately forward copies of the completed | 2624 |
| forms, any other description that may be required, and the history | 2625 |
| of the offense committed to the bureau to be classified and filed | 2626 |
| and to the clerk of the court that issued the warrant or with | 2627 |
| which the bill of information was filed. | 2628 |
| (5) If an accused is found not guilty of the offense charged | 2629 |
| or a nolle prosequi is entered in any case, or if any accused | 2630 |
| child under eighteen years of age is found not to be a delinquent | 2631 |
| child for committing an act that would be a felony or an offense | 2632 |
| of violence if committed by an adult or not guilty of the felony | 2633 |
| or offense of violence charged or a nolle prosequi is entered in | 2634 |
| that case, the fingerprints and description shall be given to the | 2635 |
| accused upon the accused's request. | 2636 |
| (6) The superintendent shall compare the description received | 2637 |
| with those already on file in the bureau, and, if the | 2638 |
| superintendent finds that the person arrested or taken into | 2639 |
| custody has a criminal record or a record as a delinquent child | 2640 |
| for having committed an act that would be a felony or an offense | 2641 |
| of violence if committed by an adult or is a fugitive from justice | 2642 |
| or wanted by any jurisdiction in this or another state, the United | 2643 |
| States, or a foreign country for any offense, the superintendent | 2644 |
| at once shall inform the arresting officer, the officer taking the | 2645 |
| person into custody, or the chief administrative officer of the | 2646 |
| county, multicounty, municipal, municipal-county, or | 2647 |
| multicounty-municipal jail or workhouse, community-based | 2648 |
| correctional facility, halfway house, alternative residential | 2649 |
| facility, or state correctional institution in which the person or | 2650 |
| child is in custody of that fact and give appropriate notice to | 2651 |
| the proper authorities in the jurisdiction in which the person is | 2652 |
| wanted, or, if that jurisdiction is a foreign country, give | 2653 |
| appropriate notice to federal authorities for transmission to the | 2654 |
| foreign country. The names, under which each person whose | 2655 |
| identification is filed is known, shall be alphabetically indexed | 2656 |
| by the superintendent. | 2657 |
| (B) | 2658 |
| violator of a city ordinance unless the officers have reason to | 2659 |
| believe that the violator is a past offender or the crime is one | 2660 |
| constituting a misdemeanor on the first offense and a felony on | 2661 |
| subsequent offenses, or unless it is advisable for the purpose of | 2662 |
| subsequent identification. This section does not apply to any | 2663 |
| child under eighteen years of age who was not arrested or | 2664 |
| otherwise taken into custody for committing an act that would be a | 2665 |
| felony or an offense of violence if committed by an adult or upon | 2666 |
| probable cause to believe that a child of that age may have | 2667 |
| committed an act that would be a felony or an offense of violence | 2668 |
| if committed by an adult, except as provided in section 2151.313 | 2669 |
| of the Revised Code. | 2670 |
| (C)(1) For purposes of division (C) of this section, a law | 2671 |
| enforcement agency shall be considered to have arrested a person | 2672 |
| if any law enforcement officer who is employed by, appointed by, | 2673 |
| or serves that agency arrests the person. As used in division (C) | 2674 |
| of this section: | 2675 |
| (a) "Illegal methamphetamine manufacturing laboratory" has | 2676 |
| the same meaning as in section 3745.13 of the Revised Code. | 2677 |
| (b) "Methamphetamine or a methamphetamine product" means | 2678 |
| methamphetamine, any salt, isomer, or salt of an isomer of | 2679 |
| methamphetamine, or any compound, mixture, preparation, or | 2680 |
| substance containing methamphetamine or any salt, isomer, or salt | 2681 |
| of an isomer of methamphetamine. | 2682 |
| (2) Each law enforcement agency that, in any calendar year, | 2683 |
| arrests any person for a violation of section 2925.04 of the | 2684 |
| Revised Code that is based on the manufacture of methamphetamine | 2685 |
| or a methamphetamine product, a violation of section 2925.041 of | 2686 |
| the Revised Code that is based on the possession of chemicals | 2687 |
| sufficient to produce methamphetamine or a methamphetamine | 2688 |
| product, or a violation of any other provision of Chapter 2925. or | 2689 |
| 3719. of the Revised Code that is based on the possession of | 2690 |
| chemicals sufficient to produce methamphetamine or a | 2691 |
| methamphetamine product shall prepare an annual report covering | 2692 |
| the calendar year that contains the information specified in | 2693 |
| division (C)(3) of this section relative to all arrests for | 2694 |
| violations of those sections committed under those circumstances | 2695 |
| during that calendar year and shall send the annual report, not | 2696 |
| later than the first day of March in the calendar year following | 2697 |
| the calendar year covered by the report, to the bureau of criminal | 2698 |
| identification and investigation. | 2699 |
| The law enforcement agency shall write any annual report | 2700 |
| prepared and filed under this division on the standard forms | 2701 |
| furnished by the superintendent of the bureau of criminal | 2702 |
| identification and investigation pursuant to division (C)(4) of | 2703 |
| this section. The annual report shall be a statistical report, and | 2704 |
| nothing in the report or in the information it contains shall | 2705 |
| identify, or enable the identification of, any person who was | 2706 |
| arrested and whose arrest is included in the information contained | 2707 |
| in the report. The annual report in the possession of the bureau | 2708 |
| and the information it contains are public records for the purpose | 2709 |
| of section 149.43 of the Revised Code. | 2710 |
| (3) The annual report prepared and filed by a law enforcement | 2711 |
| agency under division (C)(2) of this section shall contain all of | 2712 |
| the following information for the calendar year covered by the | 2713 |
| report: | 2714 |
| (a) The total number of arrests made by the agency in that | 2715 |
| calendar year for a violation of section 2925.04 of the Revised | 2716 |
| Code that is based on the manufacture of methamphetamine or a | 2717 |
| methamphetamine product, a violation of section 2925.041 of the | 2718 |
| Revised Code that is based on the possession of chemicals | 2719 |
| sufficient to produce methamphetamine or a methamphetamine | 2720 |
| product, or a violation of any other provision of Chapter 2925. or | 2721 |
| 3719. of the Revised Code that is based on the possession of | 2722 |
| chemicals sufficient to produce methamphetamine or a | 2723 |
| methamphetamine product; | 2724 |
| (b) The total number of illegal methamphetamine manufacturing | 2725 |
| laboratories at which one or more of the arrests reported under | 2726 |
| division (C)(3)(a) of this section occurred, or that were | 2727 |
| discovered in that calendar year within the territory served by | 2728 |
| the agency but at which none of the arrests reported under | 2729 |
| division (C)(3)(a) of this section occurred. | 2730 |
| (4) The superintendent of the bureau of criminal | 2731 |
| identification and investigation shall prepare and furnish to each | 2732 |
| law enforcement agency in this state standard forms for making the | 2733 |
| annual reports required by division (C)(2) of this section. The | 2734 |
| standard forms that the superintendent prepares pursuant to this | 2735 |
| division may be in a tangible format, in an electronic format, or | 2736 |
| in both a tangible format and an electronic format. | 2737 |
| (5) The annual report required by division (C)(2) of this | 2738 |
| section is separate from, and in addition to, any report, | 2739 |
| materials, or information required under division (A) of this | 2740 |
| section or under any other provision of sections 109.57 to 109.62 | 2741 |
| of the Revised Code. | 2742 |
| Sec. 109.79. (A) The Ohio peace officer training commission | 2743 |
| shall establish and conduct a training school for law enforcement | 2744 |
| officers of any political subdivision of the state or of the state | 2745 |
| public defender's office. The school shall be known as the Ohio | 2746 |
| peace officer training academy. No bailiff or deputy bailiff of a | 2747 |
| court of record of this state and no criminal investigator | 2748 |
| employed by the state public defender shall be permitted to attend | 2749 |
| the academy for training unless the employing court of the bailiff | 2750 |
| or deputy bailiff or the state public defender, whichever is | 2751 |
| applicable, has authorized the bailiff, deputy bailiff, or | 2752 |
| investigator to attend the academy. | 2753 |
| The Ohio peace officer training commission shall develop the | 2754 |
| training program, which shall include courses in both the civil | 2755 |
| and criminal functions of law enforcement officers, a course in | 2756 |
| crisis intervention with six or more hours of training, and | 2757 |
| training in the handling of missing children and child abuse and | 2758 |
| neglect cases, and shall establish rules governing qualifications | 2759 |
| for admission to the academy. The commission may require | 2760 |
| competitive examinations to determine fitness of prospective | 2761 |
| trainees, so long as the examinations or other criteria for | 2762 |
| admission to the academy are consistent with the provisions of | 2763 |
| Chapter 124. of the Revised Code. | 2764 |
| The Ohio peace officer training commission shall determine | 2765 |
| tuition costs which shall be sufficient in the aggregate to pay | 2766 |
| the costs of operating the academy. The costs of acquiring and | 2767 |
| equipping the academy shall be paid from appropriations made by | 2768 |
| the general assembly to the Ohio peace officer training commission | 2769 |
|
for that purpose, | 2770 |
| purpose, or from fees for goods related to the academy. | 2771 |
| The law enforcement officers, during the period of their | 2772 |
| training, shall receive compensation as determined by the | 2773 |
| political subdivision that sponsors them or, if the officer is a | 2774 |
| criminal investigator employed by the state public defender, as | 2775 |
| determined by the state public defender. The political subdivision | 2776 |
| may pay the tuition costs of the law enforcement officers they | 2777 |
| sponsor and the state public defender may pay the tuition costs of | 2778 |
| criminal investigators of that office who attend the academy. | 2779 |
| If trainee vacancies exist, the academy may train and issue | 2780 |
| certificates of satisfactory completion to peace officers who are | 2781 |
| employed by a campus police department pursuant to section 1713.50 | 2782 |
| of the Revised Code, by a qualified nonprofit corporation police | 2783 |
| department pursuant to section 1702.80 of the Revised Code, or by | 2784 |
| a railroad company or who are hospital police officers appointed | 2785 |
| and commissioned by the governor pursuant to sections 4973.17 to | 2786 |
| 4973.22 of the Revised Code, provided that no such officer shall | 2787 |
| be trained at the academy unless the officer meets the | 2788 |
| qualifications established for admission to the academy and the | 2789 |
| qualified nonprofit corporation police department, railroad | 2790 |
| company, or hospital or the private college or university that | 2791 |
| established the campus police department prepays the entire cost | 2792 |
| of the training. A qualified nonprofit corporation police | 2793 |
| department, railroad company, or hospital or a private college or | 2794 |
| university that has established a campus police department is not | 2795 |
| entitled to reimbursement from the state for any amount paid for | 2796 |
| the cost of training the railroad company's peace officers or the | 2797 |
| peace officers of the qualified nonprofit corporation police | 2798 |
| department, campus police department, or hospital. | 2799 |
| The academy shall permit investigators employed by the state | 2800 |
| medical board to take selected courses that the board determines | 2801 |
| are consistent with its responsibilities for initial and | 2802 |
| continuing training of investigators as required under sections | 2803 |
| 4730.26 and 4731.05 of the Revised Code. The board shall pay the | 2804 |
| entire cost of training that investigators receive at the academy. | 2805 |
| (B) As used in this section: | 2806 |
| (1) "Law enforcement officers" include any undercover drug | 2807 |
| agent, any bailiff or deputy bailiff of a court of record, and any | 2808 |
| criminal investigator who is employed by the state public | 2809 |
| defender. | 2810 |
| (2) "Undercover drug agent" means any person who: | 2811 |
| (a) Is employed by a county, township, or municipal | 2812 |
| corporation for the purposes set forth in division (B)(2)(b) of | 2813 |
| this section but who is not an employee of a county sheriff's | 2814 |
| department, of a township constable, or of the police department | 2815 |
| of a municipal corporation or township; | 2816 |
| (b) In the course of the person's employment by a county, | 2817 |
| township, or municipal corporation, investigates and gathers | 2818 |
| information pertaining to persons who are suspected of violating | 2819 |
| Chapter 2925. or 3719. of the Revised Code, and generally does not | 2820 |
| wear a uniform in the performance of the person's duties. | 2821 |
| (3) "Crisis intervention training" has the same meaning as in | 2822 |
| section 109.71 of the Revised Code. | 2823 |
| (4) "Missing children" has the same meaning as in section | 2824 |
| 2901.30 of the Revised Code. | 2825 |
| Sec. 109.91. (A) There is hereby established within the | 2826 |
| office of the attorney general the crime victims assistance | 2827 |
| office. | 2828 |
| (B) There is hereby established the state victims assistance | 2829 |
| advisory committee. The committee shall consist of a chairperson, | 2830 |
|
to be appointed by the attorney general, | 2831 |
| members, and fifteen members to be appointed by the attorney | 2832 |
| general as follows: one member who represents the Ohio | 2833 |
| victim-witness association; three members who represent local | 2834 |
| victim assistance programs, including one from a municipally | 2835 |
| operated program and one from a county-operated program; one | 2836 |
| member who represents the interests of elderly victims; one member | 2837 |
| who is a board member of any statewide or local organization that | 2838 |
| exists primarily to aid victims of domestic violence, or who is an | 2839 |
| employee of, or counselor for, such an organization; one member | 2840 |
| who is an employee or officer of a county probation department or | 2841 |
| a probation department operated by the department of | 2842 |
| rehabilitation and correction; one member who is a county | 2843 |
| prosecuting attorney; one member who is a city law director; one | 2844 |
| member who is a county sheriff; one member who is a member or | 2845 |
| officer of a township or municipal police department; one member | 2846 |
| who is a court of common pleas judge; one member who is a | 2847 |
| municipal court judge or county court judge; and two members who | 2848 |
| are private citizens and are not government employees. | 2849 |
| The committee shall include the following ex officio, | 2850 |
|
nonvoting
members: | 2851 |
| attorney general, one member of the senate to be designated by the | 2852 |
| president of the senate, and one member of the house of | 2853 |
| representatives to be designated by the speaker of the house. | 2854 |
| Members of the committee shall serve without compensation, | 2855 |
| but shall be reimbursed for travel and other necessary expenses | 2856 |
| that are incurred in the conduct of their official duties as | 2857 |
| members of the committee. The chairperson and members of the | 2858 |
| committee appointed by the attorney general shall serve at the | 2859 |
| pleasure of the attorney
general. The | 2860 |
| 2861 | |
| the end of the
term of
office that qualified | 2862 |
| general for membership on the committee. The member of the senate | 2863 |
| and the member of the house of representatives shall serve at the | 2864 |
| pleasure of the president of the senate and the speaker of the | 2865 |
| house of representatives, respectively. | 2866 |
| (C) The victims assistance advisory committee shall perform | 2867 |
| both of the following duties: | 2868 |
| (1) Advise the crime victims assistance office in determining | 2869 |
| crime and delinquency victim service needs, determining crime and | 2870 |
| delinquency victim policies for the state, and improving and | 2871 |
| exercising leadership in the quality of crime and delinquency | 2872 |
| victim programs in the state; | 2873 |
| (2) Review and recommend to the crime victims assistance | 2874 |
| office the victim assistance programs that should be considered | 2875 |
| for the receipt of state financial assistance pursuant to section | 2876 |
| 109.92 of the Revised Code. The financial assistance allocation | 2877 |
| recommendations of the committee shall be based on the following | 2878 |
| priorities: | 2879 |
| (a) Programs in existence on July 1, 1985, shall be given | 2880 |
| first priority; | 2881 |
| (b) Programs offering or proposing to offer the broadest | 2882 |
| range of services and referrals to the community served, including | 2883 |
| medical, psychological, financial, educational, vocational, and | 2884 |
| legal services that were not in existence on July 1, 1985, shall | 2885 |
| be given second priority; | 2886 |
| (c) Other qualified programs shall be given last priority. | 2887 |
| (D) As used in this section and section 109.92 of the Revised | 2888 |
| Code, "victim assistance program" includes, but is not limited to | 2889 |
| a program that provides at least one of the following: | 2890 |
| (1) Services to victims of any offense of violence or | 2891 |
| delinquent act that would be an offense of violence if committed | 2892 |
| by an adult; | 2893 |
| (2) Financial assistance or property repair services to | 2894 |
| victims of crime or delinquent acts; | 2895 |
| (3) Assistance to victims of crime or delinquent acts in | 2896 |
| judicial proceedings; | 2897 |
| (4) Assistance to victims of crime or delinquent acts under | 2898 |
| the operation of any political subdivision of the state or a | 2899 |
| branch of the criminal justice system set forth in division | 2900 |
|
(B)(1)(a), | 2901 |
| Revised Code; | 2902 |
| (5) Technical assistance to persons or organizations that | 2903 |
| provide services to victims of crime or delinquent acts under the | 2904 |
| operation of a branch of the criminal justice system set forth in | 2905 |
| 2906 | |
| 2907 |
| A victim assistance program does not include the program for | 2908 |
| the reparation of crime victims established pursuant to Chapter | 2909 |
| 2743. of the Revised Code. | 2910 |
| Sec. 109.98. As used in this section, "state retirement | 2911 |
| board" means the public employees retirement board, board of | 2912 |
| trustees of the Ohio police and fire pension fund, school | 2913 |
| employees retirement board, state teachers retirement board, and | 2914 |
| state highway patrol retirement board. | 2915 |
| If a member of a state retirement board breaches the member's | 2916 |
| fiduciary duty to the retirement system, the attorney general may | 2917 |
| maintain a civil action against the board member for harm | 2918 |
| resulting from that breach. | 2919 |
| 742.09, 3307.13, 3309.13, and 5505.23 of the Revised Code, after | 2920 |
| being informed of an allegation that the entire board has breached | 2921 |
| its fiduciary duty, the state retirement board may retain | 2922 |
| independent legal counsel, including legal counsel provided by the | 2923 |
| board's fiduciary insurance carrier, to advise the board and to | 2924 |
| represent the board. | 2925 |
| The attorney general may recover damages or be granted | 2926 |
| injunctive relief, which shall include the enjoinment of specified | 2927 |
| activities and the removal of the member from the board. Any | 2928 |
| damages awarded shall be paid to the retirement system. The | 2929 |
| authority to maintain a civil action created by this section is in | 2930 |
| addition to any authority the attorney general possesses under any | 2931 |
| other provision of the Revised Code. | 2932 |
| Sec. 109.981. If a voting member of workers' compensation | 2933 |
| oversight commission breaches the member's fiduciary duty to the | 2934 |
| bureau of workers' compensation, the attorney general may maintain | 2935 |
| a civil action against the board member for harm resulting from | 2936 |
| that breach. Notwithstanding section 4121.128 of the Revised Code, | 2937 |
| after being informed of an allegation that the entire oversight | 2938 |
| commission has breached its fiduciary duty, the oversight | 2939 |
| commission may retain independent legal counsel, including legal | 2940 |
| counsel provided by the oversight commission's fiduciary insurance | 2941 |
| carrier, to advise the board and to represent the board. The | 2942 |
| attorney general may recover damages or be granted injunctive | 2943 |
| relief, which shall include the enjoinment of specified activities | 2944 |
| and the removal of the member from the board. Any damages awarded | 2945 |
| shall be paid to the bureau. The authority to maintain a civil | 2946 |
| action created by this section is in addition to any authority the | 2947 |
| attorney general possesses under any other provision of the | 2948 |
| Revised Code. | 2949 |
| Sec. 117.10. The auditor of state shall audit all public | 2950 |
| offices as provided in this chapter. The auditor of state also may | 2951 |
| audit the accounts of private institutions, associations, boards, | 2952 |
| and corporations receiving public money for their use and may | 2953 |
| require of them annual reports in such form as the auditor of | 2954 |
| state prescribes. | 2955 |
| If the auditor of state performs or contracts for the | 2956 |
| performance of an audit, including a special audit, of the public | 2957 |
| employees retirement system, school employees retirement system, | 2958 |
| state teachers retirement system, state highway patrol retirement | 2959 |
| system, or Ohio police and fire pension fund, the auditor of state | 2960 |
| shall make a timely report of the results of the audit to the Ohio | 2961 |
| retirement study council. | 2962 |
| The auditor of state may audit the accounts of any provider | 2963 |
| as defined in
section 5111.06 of the Revised Code | 2964 |
| 2965 |
| If a public office has been audited by an agency of the | 2966 |
| United States government, the auditor of state may, if satisfied | 2967 |
| that the federal audit has been conducted according to principles | 2968 |
| and procedures not contrary to those of the auditor of state, use | 2969 |
| and adopt the federal audit and report in lieu of an audit by the | 2970 |
| auditor of state's own office. | 2971 |
| Within thirty days after the creation or dissolution or the | 2972 |
| winding up of the affairs of any public office, that public office | 2973 |
| shall notify the auditor of state in writing that this action has | 2974 |
| occurred. | 2975 |
| Sec. 120.06. (A)(1) The state public defender, when | 2976 |
| designated by the court or requested by a county public defender | 2977 |
| or joint county public defender, may provide legal representation | 2978 |
| in all courts throughout the state to indigent adults and | 2979 |
| juveniles who are charged with the commission of an offense or act | 2980 |
| for which the penalty or any possible adjudication includes the | 2981 |
| potential loss of liberty. | 2982 |
| (2) The state public defender may provide legal | 2983 |
| representation to any indigent person who, while incarcerated in | 2984 |
| any state correctional institution, is charged with a felony | 2985 |
| offense, for which the penalty or any possible adjudication that | 2986 |
| may be imposed by a court upon conviction includes the potential | 2987 |
| loss of liberty. | 2988 |
| (3) The state public defender may provide legal | 2989 |
| representation to any person incarcerated in any correctional | 2990 |
| institution of the state, in any matter in which the person | 2991 |
| asserts the person is unlawfully imprisoned or detained. | 2992 |
| (4) The state public defender, in any case in which the state | 2993 |
| public defender has provided legal representation or is requested | 2994 |
| to do so by a county public defender or joint county public | 2995 |
| defender, may provide legal representation on appeal. | 2996 |
| (5) The state public defender, when designated by the court | 2997 |
| or requested by a county public defender, joint county public | 2998 |
| defender, or the director of rehabilitation and correction, shall | 2999 |
| provide legal representation in parole and probation revocation | 3000 |
| matters or matters relating to the revocation of community control | 3001 |
| or post-release control under a community control sanction or | 3002 |
| post-release control sanction, unless the state public defender | 3003 |
| finds that the alleged parole or probation violator or alleged | 3004 |
| violator of a community control sanction or post-release control | 3005 |
| sanction has the financial capacity to retain the alleged | 3006 |
| violator's own counsel. | 3007 |
| (6) If the state public defender contracts with a county | 3008 |
| public defender commission, a joint county public defender | 3009 |
| commission, or a board of county commissioners for the provision | 3010 |
| of services, under authority of division (C)(7) of section 120.04 | 3011 |
| of the Revised Code, the state public defender shall provide legal | 3012 |
| representation in accordance with the contract. | 3013 |
| (B) The state public defender shall not be required to | 3014 |
| prosecute any appeal, postconviction remedy, or other proceeding | 3015 |
| pursuant to division (A)(3), (4), or (5) of this section, unless | 3016 |
| the state public defender first is satisfied that there is | 3017 |
| arguable merit to the proceeding. | 3018 |
| (C) A court may appoint counsel or allow an indigent person | 3019 |
| to select the indigent's own personal counsel to assist the state | 3020 |
| public defender as co-counsel when the interests of justice so | 3021 |
| require. When co-counsel is appointed to assist the state public | 3022 |
| defender, the co-counsel shall receive any compensation that the | 3023 |
| court may approve, not to exceed the amounts provided for in | 3024 |
| section 2941.51 of the Revised Code. | 3025 |
| (D)(1) When the state public defender is designated by the | 3026 |
| court or requested by a county public defender or joint county | 3027 |
| public defender to provide legal representation for an indigent | 3028 |
| person in any case, other than pursuant to a contract entered into | 3029 |
| under authority of division (C)(7) of section 120.04 of the | 3030 |
| Revised Code, the state public defender shall send to the county | 3031 |
|
in which the case is filed | 3032 |
| 3033 | |
| itemizes legal fees and expenses. The county, upon receipt of an | 3034 |
| itemized bill from the state public defender pursuant to this | 3035 |
| division, shall | 3036 |
| 3037 | |
| public defender each of the following amounts: | 3038 |
| (a) For the amount identified as legal fees in the itemized | 3039 |
| bill, one hundred per cent of the amount identified as legal fees | 3040 |
| less the state reimbursement rate as calculated by the state | 3041 |
| public defender pursuant to section 120.34 of the Revised Code for | 3042 |
| the month the case terminated, as set forth in the itemized bill; | 3043 |
| (b) For the amount identified as expenses in the itemized | 3044 |
| bill, one hundred per cent. | 3045 |
| (2) Upon payment of the itemized bill under division (D)(1) | 3046 |
| of this section, the county may submit the cost of the expenses, | 3047 |
| excluding legal fees, to the state public defender for | 3048 |
| reimbursement pursuant to section 120.33 of the Revised Code. | 3049 |
| (3) When the state public defender provides investigation or | 3050 |
| mitigation services to private appointed counsel or to a county or | 3051 |
| joint county public defender as approved by the appointing court, | 3052 |
| other than pursuant to a contract entered into under authority of | 3053 |
| division (C)(7) of section 120.04 of the Revised Code, the state | 3054 |
| public defender shall send to the county in which the case is | 3055 |
| filed a bill itemizing the actual cost of the services provided. | 3056 |
| The county, upon receipt of an itemized bill from the state public | 3057 |
| defender pursuant to this division, shall pay one hundred per cent | 3058 |
| of the amount as set forth in the itemized bill. Upon payment of | 3059 |
| the itemized bill received pursuant to this division, the county | 3060 |
| may submit the cost of the investigation and mitigation services | 3061 |
| to the state public defender for reimbursement pursuant to section | 3062 |
| 120.33 of the Revised Code. | 3063 |
| (4) There is hereby created in the state treasury the county | 3064 |
| representation fund for the deposit of moneys received from | 3065 |
| counties under this division. All moneys credited to the fund | 3066 |
| shall be used by the state public defender to provide legal | 3067 |
| representation for indigent persons when designated by the court | 3068 |
| or requested by a county or joint county public defender or to | 3069 |
| provide investigation or mitigation services, including | 3070 |
| investigation or mitigation services to private appointed counsel | 3071 |
| or a county or joint county public defender, as approved by the | 3072 |
| court. | 3073 |
| (E)(1) Notwithstanding any contrary provision of sections | 3074 |
| 109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code | 3075 |
| that pertains to representation by the attorney general, an | 3076 |
| assistant attorney general, or special counsel of an officer or | 3077 |
| employee, as defined in section 109.36 of the Revised Code, or of | 3078 |
| an entity of state government, the state public defender may elect | 3079 |
| to contract with, and to have the state pay pursuant to division | 3080 |
| (E)(2) of this section for the services of, private legal counsel | 3081 |
| to represent the Ohio public defender commission, the state public | 3082 |
| defender, assistant state public defenders, other employees of the | 3083 |
| commission or the state public defender, and attorneys described | 3084 |
| in division (C) of section 120.41 of the Revised Code in a | 3085 |
| malpractice or other civil action or proceeding that arises from | 3086 |
| alleged actions or omissions related to responsibilities derived | 3087 |
| pursuant to this chapter, or in a civil action that is based upon | 3088 |
| alleged violations of the constitution or statutes of the United | 3089 |
| States, including section 1983 of Title 42 of the United States | 3090 |
| Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that | 3091 |
| arises from alleged actions or omissions related to | 3092 |
| responsibilities derived pursuant to this chapter, if the state | 3093 |
| public defender determines, in good faith, that the defendant in | 3094 |
| the civil action or proceeding did not act manifestly outside the | 3095 |
| scope of the defendant's employment or official responsibilities, | 3096 |
| with malicious purpose, in bad faith, or in a wanton or reckless | 3097 |
| manner. If the state public defender elects not to contract | 3098 |
| pursuant to this division for private legal counsel in a civil | 3099 |
| action or proceeding, then, in accordance with sections 109.02, | 3100 |
| 109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the | 3101 |
| attorney general shall represent or provide for the representation | 3102 |
| of the Ohio public defender commission, the state public defender, | 3103 |
| assistant state public defenders, other employees of the | 3104 |
| commission or the state public defender, or attorneys described in | 3105 |
| division (C) of section 120.41 of the Revised Code in the civil | 3106 |
| action or proceeding. | 3107 |
| (2)(a) Subject to division (E)(2)(b) of this section, payment | 3108 |
| from the state treasury for the services of private legal counsel | 3109 |
| with whom the state public defender has contracted pursuant to | 3110 |
| division (E)(1) of this section shall be accomplished only through | 3111 |
| the following procedure: | 3112 |
| (i) The private legal counsel shall file with the attorney | 3113 |
| general a copy of the contract; a request for an award of legal | 3114 |
| fees, court costs, and expenses earned or incurred in connection | 3115 |
| with the defense of the Ohio public defender commission, the state | 3116 |
| public defender, an assistant state public defender, an employee, | 3117 |
| or an attorney in a specified civil action or proceeding; a | 3118 |
| written itemization of those fees, costs, and expenses, including | 3119 |
| the signature of the state public defender and the state public | 3120 |
| defender's attestation that the fees, costs, and expenses were | 3121 |
| earned or incurred pursuant to division (E)(1) of this section to | 3122 |
| the best of the state public defender's knowledge and information; | 3123 |
| a written statement whether the fees, costs, and expenses are for | 3124 |
| all legal services to be rendered in connection with that defense, | 3125 |
| are only for legal services rendered to the date of the request | 3126 |
| and additional legal services likely will have to be provided in | 3127 |
| connection with that defense, or are for the final legal services | 3128 |
| rendered in connection with that defense; a written statement | 3129 |
| indicating whether the private legal counsel previously submitted | 3130 |
| a request for an award under division (E)(2) of this section in | 3131 |
| connection with that defense and, if so, the date and the amount | 3132 |
| of each award granted; and, if the fees, costs, and expenses are | 3133 |
| for all legal services to be rendered in connection with that | 3134 |
| defense or are for the final legal services rendered in connection | 3135 |
| with that defense, a certified copy of any judgment entry in the | 3136 |
| civil action or proceeding or a signed copy of any settlement | 3137 |
| agreement entered into between the parties to the civil action or | 3138 |
| proceeding. | 3139 |
| (ii) Upon receipt of a request for an award of legal fees, | 3140 |
| court costs, and expenses and the requisite supportive | 3141 |
| documentation described in division (E)(2)(a)(i) of this section, | 3142 |
| the attorney general shall review the request and documentation; | 3143 |
| determine whether any of the limitations specified in division | 3144 |
| (E)(2)(b) of this section apply to the request; and, if an award | 3145 |
| of legal fees, court costs, or expenses is permissible after | 3146 |
| applying the limitations, prepare a document awarding legal fees, | 3147 |
| court costs, or expenses to the private legal counsel. The | 3148 |
| document shall name the private legal counsel as the recipient of | 3149 |
| the award; specify the total amount of the award as determined by | 3150 |
| the attorney general; itemize the portions of the award that | 3151 |
| represent legal fees, court costs, and expenses; specify any | 3152 |
| limitation applied pursuant to division (E)(2)(b) of this section | 3153 |
| to reduce the amount of the award sought by the private legal | 3154 |
| counsel; state that the award is payable from the state treasury | 3155 |
| pursuant to division (E)(2)(a)(iii) of this section; and be | 3156 |
| approved by the inclusion of the signatures of the attorney | 3157 |
| general, the state public defender, and the private legal counsel. | 3158 |
| (iii) The attorney general shall forward a copy of the | 3159 |
| document prepared pursuant to division (E)(2)(a)(ii) of this | 3160 |
| section to the director of budget and management. The award of | 3161 |
| legal fees, court costs, or expenses shall be paid out of the | 3162 |
| state public defender's appropriations, to the extent there is a | 3163 |
| sufficient available balance in those appropriations. If the state | 3164 |
| public defender does not have a sufficient available balance in | 3165 |
| the state public defender's appropriations to pay the entire award | 3166 |
| of legal fees, court costs, or expenses, the director shall make | 3167 |
| application for a transfer of appropriations out of the emergency | 3168 |
| purposes account or any other appropriation for emergencies or | 3169 |
| contingencies in an amount equal to the portion of the award that | 3170 |
| exceeds the sufficient available balance in the state public | 3171 |
| defender's appropriations. A transfer of appropriations out of the | 3172 |
| emergency purposes account or any other appropriation for | 3173 |
| emergencies or contingencies shall be authorized if there are | 3174 |
| sufficient moneys greater than the sum total of then pending | 3175 |
| emergency purposes account requests, or requests for releases from | 3176 |
| the other appropriation. If a transfer of appropriations out of | 3177 |
| the emergency purposes account or other appropriation for | 3178 |
| emergencies or contingencies is made to pay an amount equal to the | 3179 |
| portion of the award that exceeds the sufficient available balance | 3180 |
| in the state public defender's appropriations, the director shall | 3181 |
| cause the payment to be made to the private legal counsel. If | 3182 |
| sufficient moneys do not exist in the emergency purposes account | 3183 |
| or other appropriation for emergencies or contingencies to pay an | 3184 |
| amount equal to the portion of the award that exceeds the | 3185 |
| sufficient available balance in the state public defender's | 3186 |
| appropriations, the private legal counsel shall request the | 3187 |
| general assembly to make an appropriation sufficient to pay an | 3188 |
| amount equal to the portion of the award that exceeds the | 3189 |
| sufficient available balance in the state public defender's | 3190 |
| appropriations, and no payment in that amount shall be made until | 3191 |
| the appropriation has been made. The private legal counsel shall | 3192 |
| make the request during the current biennium and during each | 3193 |
| succeeding biennium until a sufficient appropriation is made. | 3194 |
| (b) An award of legal fees, court costs, and expenses | 3195 |
| pursuant to division (E) of this section is subject to the | 3196 |
| following limitations: | 3197 |
| (i) The maximum award or maximum aggregate of a series of | 3198 |
| awards of legal fees, court costs, and expenses to the private | 3199 |
| legal counsel in connection with the defense of the Ohio public | 3200 |
| defender commission, the state public defender, an assistant state | 3201 |
| public defender, an employee, or an attorney in a specified civil | 3202 |
| action or proceeding shall not exceed fifty thousand dollars. | 3203 |
| (ii) The private legal counsel shall not be awarded legal | 3204 |
| fees, court costs, or expenses to the extent the fees, costs, or | 3205 |
| expenses are covered by a policy of malpractice or other | 3206 |
| insurance. | 3207 |
| (iii) The private legal counsel shall be awarded legal fees | 3208 |
| and expenses only to the extent that the fees and expenses are | 3209 |
| reasonable in light of the legal services rendered by the private | 3210 |
| legal counsel in connection with the defense of the Ohio public | 3211 |
| defender commission, the state public defender, an assistant state | 3212 |
| public defender, an employee, or an attorney in a specified civil | 3213 |
| action or proceeding. | 3214 |
| (c) If, pursuant to division (E)(2)(a) of this section, the | 3215 |
| attorney general denies a request for an award of legal fees, | 3216 |
| court costs, or expenses to private legal counsel because of the | 3217 |
| application of a limitation specified in division (E)(2)(b) of | 3218 |
| this section, the attorney general shall notify the private legal | 3219 |
| counsel in writing of the denial and of the limitation applied. | 3220 |
| (d) If, pursuant to division (E)(2)(c) of this section, a | 3221 |
| private legal counsel receives a denial of an award notification | 3222 |
| or if a private legal counsel refuses to approve a document under | 3223 |
| division (E)(2)(a)(ii) of this section because of the proposed | 3224 |
| application of a limitation specified in division (E)(2)(b) of | 3225 |
| this section, the private legal counsel may commence a civil | 3226 |
| action against the attorney general in the court of claims to | 3227 |
| prove the private legal counsel's entitlement to the award sought, | 3228 |
| to prove that division (E)(2)(b) of this section does not prohibit | 3229 |
| or otherwise limit the award sought, and to recover a judgment for | 3230 |
| the amount of the award sought. A civil action under division | 3231 |
| (E)(2)(d) of this section shall be commenced no later than two | 3232 |
| years after receipt of a denial of award notification or, if the | 3233 |
| private legal counsel refused to approve a document under division | 3234 |
| (E)(2)(a)(ii) of this section because of the proposed application | 3235 |
| of a limitation specified in division (E)(2)(b) of this section, | 3236 |
| no later than two years after the refusal. Any judgment of the | 3237 |
| court of claims in favor of the private legal counsel shall be | 3238 |
| paid from the state treasury in accordance with division (E)(2)(a) | 3239 |
| of this section. | 3240 |
| (F) If a court appoints the office of the state public | 3241 |
| defender to represent a petitioner in a postconviction relief | 3242 |
| proceeding under section 2953.21 of the Revised Code, the | 3243 |
| petitioner has received a sentence of death, and the proceeding | 3244 |
| relates to that sentence, all of the attorneys who represent the | 3245 |
| petitioner in the proceeding pursuant to the appointment, whether | 3246 |
| an assistant state public defender, the state public defender, or | 3247 |
| another attorney, shall be certified under Rule 20 of the Rules of | 3248 |
| Superintendence for the Courts of Ohio to represent indigent | 3249 |
| defendants charged with or convicted of an offense for which the | 3250 |
| death penalty can be or has been imposed. | 3251 |
| (G) As used in this section: | 3252 |
| (1) "Community control sanction" has the same meaning as in | 3253 |
| section 2929.01 of the Revised Code. | 3254 |
| (2) "Post-release control sanction" has the same meaning as | 3255 |
| in section 2967.01 of the Revised Code. | 3256 |
| Sec. 120.07. There is hereby created in the state treasury | 3257 |
| the civil case filing fee fund to receive all funds deposited in | 3258 |
| the fund pursuant to sections 1901.26, 1907.24, and 2303.201 of | 3259 |
| the Revised Code. All money credited to the fund shall be used by | 3260 |
| the state public defender for the purpose of appointing assistant | 3261 |
| state public defenders and for providing other personnel, | 3262 |
| equipment, and facilities necessary for the operation of the state | 3263 |
| public defender office. | 3264 |
| Sec. 120.13. (A) The county commissioners in any county may | 3265 |
| establish a county public defender commission. The commission | 3266 |
| shall have five members, three of whom shall be appointed by the | 3267 |
| board of county commissioners, and two by the judge, or the | 3268 |
| presiding judge if there is one, of the court of common pleas of | 3269 |
| the county. At least one member appointed by each of these | 3270 |
| appointing bodies shall be an attorney admitted to the practice of | 3271 |
| law in this state. | 3272 |
| (B) The board of county commissioners shall select a specific | 3273 |
| day for the county public defender commission to be established | 3274 |
| and on which all members' appointments shall take effect, and | 3275 |
| shall notify the Ohio public defender commission of the date. | 3276 |
| (C) Of the initial appointments made to the county public | 3277 |
| defender commission, two appointments by the county commissioners | 3278 |
| and one appointment by the court shall be for a term of two years | 3279 |
| ending two years after the date the commission is established, and | 3280 |
| one appointment by each of the appointing bodies shall be for a | 3281 |
| term ending four years after the date the commission is | 3282 |
| established. Thereafter, terms of office shall be for four years, | 3283 |
| each term ending on the same day of the same month of the year as | 3284 |
| did the term which it succeeds. Each member shall hold office from | 3285 |
| the date of | 3286 |
| the member was appointed. Any member appointed to fill a vacancy | 3287 |
| occurring prior to the expiration of the term for which
| 3288 |
| member's predecessor was appointed shall hold office for the | 3289 |
| remainder of such term. Any member shall continue in office | 3290 |
| subsequent to
the expiration date of | 3291 |
| 3292 | |
| elapsed, whichever occurs first. | 3293 |
| (D) The members of the commission shall choose as | 3294 |
| chairperson one of the commission members, who shall serve as | 3295 |
| 3296 | |
| least quarterly and at such
other times as called by the | 3297 |
| chairperson or by request of the county public defender. Members | 3298 |
| of the commission may receive an amount fixed by the county | 3299 |
| commissioners, but not in excess of the amounts set for the | 3300 |
| members of the Ohio public defender commission pursuant to section | 3301 |
| 124.14 of the Revised Code per diem for every meeting of the board | 3302 |
| they attend, and necessary expenses including mileage for each | 3303 |
| mile necessarily traveled. | 3304 |
| (E) The county commissioners may terminate the county public | 3305 |
| defender commission at any time if at least ninety days prior to | 3306 |
| termination, the commissioners notify the Ohio public defender | 3307 |
| commission in writing of the termination date. Upon the | 3308 |
| termination date all pending county public defender matters shall | 3309 |
| be transferred to the state public defender, a joint county public | 3310 |
| defender, or appointed counsel. | 3311 |
| (F) | 3312 |
| matters assumed by the state public defender shall be charged to | 3313 |
| the counties in accordance with division (D) of section 120.06 of | 3314 |
| the Revised Code. | 3315 |
| Sec. 120.23. (A) The boards of county commissioners in two | 3316 |
| or more adjoining or neighboring counties may form themselves into | 3317 |
| a joint board and proceed to organize a district for the | 3318 |
| establishment of a joint county public defender commission. The | 3319 |
| commission shall have three members from each county, who shall be | 3320 |
| appointed by the board of county commissioners of the county. | 3321 |
| (B) The boards shall agree on a specific date for the joint | 3322 |
| county public defender commission to be established, on which date | 3323 |
| the appointments of all members shall take effect. The joint board | 3324 |
| shall notify the Ohio public defender commission of the date. | 3325 |
| (C) Of the initial appointments made by each county to the | 3326 |
| joint county public defender commission, one appointment shall be | 3327 |
| for a term of one year ending one year after the date the | 3328 |
| commission is established, one appointment shall be for a term of | 3329 |
| two years ending two years after the date the commission is | 3330 |
| established, and one appointment shall be for a period of three | 3331 |
| years, ending three years after the date the commission is | 3332 |
| established. Thereafter, terms of office shall be for three years, | 3333 |
| each term ending on the same day of the same month of the year as | 3334 |
| did the term which it succeeds. Each member shall hold office from | 3335 |
| the date of | 3336 |
| the member was appointed. Any member appointed to fill a vacancy | 3337 |
| occurring prior to the expiration of the term for which
| 3338 |
| member's predecessor was appointed shall hold office for the | 3339 |
| remainder of the term. Any member shall continue in office | 3340 |
| subsequent to
the expiration date of | 3341 |
| 3342 | |
| elapsed, whichever occurs first. | 3343 |
| (D) The members of the commission shall choose as | 3344 |
| chairperson one of the commission members, who shall serve as | 3345 |
| 3346 | |
| least quarterly and at such
other times as called by the | 3347 |
| chairperson or by request of the joint county public defender. | 3348 |
| Members of the commission may receive an amount fixed by the | 3349 |
| agreement of the boards of commissioners of the counties in the | 3350 |
| district, but not in excess of the amount set for the members of | 3351 |
| the Ohio public defender commission pursuant to section 124.14 of | 3352 |
| the Revised Code per diem for every meeting of the commission they | 3353 |
| attend, and necessary expenses including mileage for each mile | 3354 |
| necessarily traveled. | 3355 |
| (E) The agreement of the boards of county commissioners | 3356 |
| establishing the joint county public defender commission shall | 3357 |
| provide for the allocation of the proportion of expenses to be | 3358 |
| paid by each county, which may be based upon population, number of | 3359 |
| cases, or such other factors as the commissioners determine to be | 3360 |
| appropriate. The county commissioners may amend their agreement | 3361 |
| from time to time to provide for a different allocation of the | 3362 |
| proportion of expenses to be paid by each county. | 3363 |
| (F) The county auditor of the county | 3364 |
| population is hereby designated as the fiscal officer of a joint | 3365 |
| county public defender district organized under this section. The | 3366 |
| county auditors of the several counties composing the joint county | 3367 |
| public defender commission district shall meet at the commission | 3368 |
| office not less than once in each six months, to adjust accounts | 3369 |
| and to transact such other duties in connection with the | 3370 |
| commission as pertain to the business of their office. | 3371 |
| (G) Each member of the board of county commissioners who | 3372 |
| meets by appointment to consider the organization of a joint | 3373 |
| county public defender commission shall, upon presentation of | 3374 |
|
properly certified accounts, be paid | 3375 |
|
expenses upon
a warrant drawn by the county auditor of | 3376 |
| member's county. | 3377 |
| (H) The board of county commissioners of any county within a | 3378 |
| joint county public defender commission district may withdraw from | 3379 |
| the district. Such withdrawal shall not be effective until at | 3380 |
| least ninety days after the board has notified the Ohio public | 3381 |
| defender commission, the joint county public defender commission | 3382 |
| of the district, and each board of county commissioners in the | 3383 |
| district, in writing of the termination date. The failure of a | 3384 |
| board of county commissioners to approve an annual operating | 3385 |
| budget for the office of the joint county public defender as | 3386 |
| provided in division (C)(1) of section 120.24 of the Revised Code | 3387 |
| constitutes a notice of withdrawal by the county from the | 3388 |
| district, effective on the ninetieth day after commencement of the | 3389 |
| next fiscal year. Upon the termination date, all joint county | 3390 |
| public defender matters relating to the withdrawing county shall | 3391 |
| be transferred to the state public defender, a county public | 3392 |
| defender, or appointed counsel. | 3393 |
| (I) | 3394 |
| matters assumed by the state public defender shall be charged to | 3395 |
| the counties in accordance with division (D) of section 120.06 of | 3396 |
| the Revised Code. | 3397 |
| Members of the joint county public defender commission who | 3398 |
| are residents of a county withdrawing from such district are | 3399 |
| deemed to have resigned their positions upon the completion of the | 3400 |
| withdrawal procedure provided by this section. Vacancies thus | 3401 |
| created shall not be filled. | 3402 |
| If two or more counties remain within the district after the | 3403 |
| withdrawal, the boards of county commissioners of the remaining | 3404 |
| adjoining or neighboring counties may agree to continue the | 3405 |
| operation of the joint county public defender commission and to | 3406 |
| reallocate the proportionate share of expenses to be paid by each | 3407 |
| participating county. | 3408 |
| Sec. 120.36. (A) If a person who is a defendant in a criminal | 3409 |
| case or a party in a case in juvenile court requests or is | 3410 |
| provided a state public defender, a county or joint county public | 3411 |
| defender, or any other counsel appointed by the court, the court | 3412 |
| in which the criminal case is initially filed or the juvenile | 3413 |
| court, whichever is applicable, shall assess, unless the | 3414 |
| application fee is waived or reduced, a non-refundable application | 3415 |
| fee of twenty-five dollars. | 3416 |
| The court shall direct the person to pay the application fee | 3417 |
| to the clerk of the court that assessed the fee. The person shall | 3418 |
| pay the application fee at the time the person files an affidavit | 3419 |
| of indigency or a financial disclosure form with the court or | 3420 |
| within seven days of that date. If the person does not pay the | 3421 |
| application fee within that seven-day period, the court shall | 3422 |
| assess the application fee at sentencing or at the final | 3423 |
| disposition of the case. | 3424 |
| If a case involving a felony that was initially filed in a | 3425 |
| municipal court or a county court is bound over to the court of | 3426 |
| common pleas and the defendant in the case failed to pay the | 3427 |
| application fee in the municipal court or county court, the court | 3428 |
| of common pleas shall assess the application fee at the initial | 3429 |
| appearance of the defendant in the court of common pleas. If a | 3430 |
| case involving an alleged delinquent child is transferred to the | 3431 |
| court of common pleas for prosecution of the involved child as an | 3432 |
| adult, the court of common pleas shall assess the application fee | 3433 |
| at the initial appearance of the child in the court of common | 3434 |
| pleas. | 3435 |
| The court shall assess an application fee pursuant to this | 3436 |
| section one time per case. An appeal shall not be considered a | 3437 |
| separate case for the purpose of assessing the application fee. | 3438 |
| The court may waive or reduce the fee upon a finding that the | 3439 |
| person lacks financial resources that are sufficient to pay the | 3440 |
| fee or that payment of the fee would result in an undue hardship. | 3441 |
| (B) No court, state public defender, county or joint county | 3442 |
| public defender, or other counsel appointed by the court shall | 3443 |
| deny a person the assistance of counsel solely due to the person's | 3444 |
| failure to pay the application fee assessed pursuant to division | 3445 |
| (A) of this section. A person's present inability, failure, or | 3446 |
| refusal to pay the application fee shall not disqualify that | 3447 |
| person from legal representation. | 3448 |
| (C) The application fee assessed pursuant to division (A) of | 3449 |
| this section is separate from and in addition to any other amount | 3450 |
| assessed against a person who is found to be able to contribute | 3451 |
| toward the cost of the person's legal representation pursuant to | 3452 |
| division (D) of section 2941.51 of the Revised Code. | 3453 |
| (D) The clerk of the court that assessed the fees shall | 3454 |
| forward all application fees collected pursuant to this section to | 3455 |
| the county treasurer for deposit in the county treasury. The | 3456 |
| county shall retain eighty per cent of the application fees so | 3457 |
| collected to offset the costs of providing legal representation to | 3458 |
| indigent persons. Each month, the county auditor shall remit | 3459 |
| twenty per cent of the application fees so collected to the state | 3460 |
| public defender. The state public defender shall deposit the | 3461 |
| remitted fees into the state treasury to the credit of the client | 3462 |
| payment fund created pursuant to division (B)(5) of section 120.04 | 3463 |
| of the Revised Code. The state public defender may use that money | 3464 |
| in accordance with that section. | 3465 |
| (E) On or before the first day of March of each year, each | 3466 |
| clerk of court shall provide to the state public defender and the | 3467 |
| state auditor a report including all of the following: | 3468 |
| (1) The number of persons in the previous calendar year who | 3469 |
| requested or were provided a state public defender, county or | 3470 |
| joint county public defender, or other counsel appointed by the | 3471 |
| court; | 3472 |
| (2) The number of persons in the previous calendar year for | 3473 |
| whom the court waived the application fee pursuant to division (A) | 3474 |
| of this section; | 3475 |
| (3) The dollar value of the assessed application fees | 3476 |
| pursuant to division (A) of this section in the previous calendar | 3477 |
| year; | 3478 |
| (4) The amount of assessed application fees collected in the | 3479 |
| previous calendar year; | 3480 |
| (5) The balance of unpaid assessed application fees at the | 3481 |
| open and close of the previous calendar year. | 3482 |
| (F) As used in this section: | 3483 |
| (1) "Clerk of court" means the clerk of the court of common | 3484 |
| pleas of the county, the clerk of the juvenile court of the | 3485 |
| county, the clerk of a municipal court in the county, the clerk of | 3486 |
| a county-operated municipal court, or the clerk of a county court | 3487 |
| in the county, whichever is applicable. | 3488 |
| (2) "County-operated municipal court" has the same meaning as | 3489 |
| in section 1901.03 of the Revised Code. | 3490 |
| Sec. 120.52. There is hereby established in the state | 3491 |
| treasury the legal aid fund, which shall be for the charitable | 3492 |
| public purpose of providing financial assistance to legal aid | 3493 |
| societies that provide civil legal services to indigents. The fund | 3494 |
| shall contain all funds credited to it by the treasurer of state | 3495 |
| pursuant to sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09 | 3496 |
| and 4705.10 of the Revised Code and income from investment | 3497 |
| credited to it by the treasurer of state in accordance with this | 3498 |
| section. | 3499 |
| The treasurer of state may invest moneys contained in the | 3500 |
| legal aid fund in any manner authorized by the Revised Code for | 3501 |
| the investment of state moneys. However, no such investment shall | 3502 |
| interfere with any apportionment, allocation, or payment of moneys | 3503 |
| in January and July of each calendar year, as required by section | 3504 |
| 120.53 of the Revised Code. All income earned as a result of any | 3505 |
| such investment shall be credited to the fund. | 3506 |
| The state public defender, through the Ohio legal assistance | 3507 |
| foundation, shall administer the payment of moneys out of the | 3508 |
| fund. Four and one-half per cent of the moneys in the fund shall | 3509 |
| be reserved for the actual, reasonable costs of administering | 3510 |
| sections 120.51 to 120.55 and sections 1901.26, 1907.24, 2303.201, | 3511 |
| 3953.231, 4705.09, and 4705.10 of the Revised Code. Moneys that | 3512 |
| are reserved for administrative costs but that are not used for | 3513 |
| actual, reasonable administrative costs shall be set aside for use | 3514 |
| in the manner described in division (A) of section 120.521 of the | 3515 |
| Revised Code. The remainder of the moneys in the legal aid fund | 3516 |
| shall be distributed in accordance with section 120.53 of the | 3517 |
| Revised Code. The Ohio legal assistance foundation shall | 3518 |
| establish, in accordance with Chapter 119. of the Revised Code, | 3519 |
| rules
governing the administration of the legal aid fund | 3520 |
| 3521 | |
| 3522 | |
| 3523 | |
| 3524 |
| Sec. 120.53. (A) A legal aid society that operates within | 3525 |
| the state may apply to the Ohio legal assistance foundation for | 3526 |
| financial assistance from the legal aid fund established by | 3527 |
| section 120.52 of the Revised Code to be used for the funding of | 3528 |
| the society during the calendar year following the calendar year | 3529 |
| in which application is made. | 3530 |
| (B) An application for financial assistance made under | 3531 |
| division (A) of this section shall be submitted by the first day | 3532 |
| of November of the calendar year preceding the calendar year for | 3533 |
| which financial assistance is desired and shall include all of the | 3534 |
| following: | 3535 |
| (1) Evidence that the applicant is incorporated in this state | 3536 |
| as a nonprofit corporation; | 3537 |
| (2) A list of the trustees of the applicant; | 3538 |
| (3) The proposed budget of the applicant for these funds for | 3539 |
| the following calendar year; | 3540 |
| (4) A summary of the services to be offered by the applicant | 3541 |
| in the following calendar year; | 3542 |
| (5) A specific description of the territory or constituency | 3543 |
| served by the applicant; | 3544 |
| (6) An estimate of the number of persons to be served by the | 3545 |
| applicant during the following calendar year; | 3546 |
| (7) A general description of the additional sources of the | 3547 |
| applicant's funding; | 3548 |
| (8) The amount of the applicant's total budget for the | 3549 |
| calendar year in which the application is filed that it will | 3550 |
| expend in that calendar year for legal services in each of the | 3551 |
| counties it serves; | 3552 |
| (9) A specific description of any services, programs, | 3553 |
| training, and legal technical assistance to be delivered by the | 3554 |
| applicant or by another person pursuant to a contract with the | 3555 |
| applicant, including, but not limited to, by private attorneys or | 3556 |
| through reduced fee plans, judicare panels, organized pro bono | 3557 |
| programs, and mediation programs. | 3558 |
| (C) The Ohio legal assistance foundation shall determine | 3559 |
| whether each applicant that filed an application for financial | 3560 |
| assistance under division (A) of this section in a calendar year | 3561 |
| is eligible for financial assistance under this section. To be | 3562 |
| eligible for such financial assistance, an applicant shall satisfy | 3563 |
| the criteria for being a legal aid society and shall be in | 3564 |
| compliance with the provisions of sections 120.51 to 120.55 of the | 3565 |
| Revised Code and with the rules and requirements the foundation | 3566 |
| establishes pursuant to section 120.52 of the Revised Code. The | 3567 |
| Ohio legal assistance foundation then, on or before the fifteenth | 3568 |
| day of December of the calendar year in which the application is | 3569 |
| filed, shall notify each such applicant, in writing, whether it is | 3570 |
| eligible for financial assistance under this section, and if it is | 3571 |
| eligible, estimate the amount that will be available for that | 3572 |
| applicant for each six-month distribution period, as determined | 3573 |
| under division (D) of this section. | 3574 |
| (D) The Ohio legal assistance foundation shall allocate | 3575 |
| moneys contained in the legal aid fund twice each year for | 3576 |
| distribution to applicants that filed their applications in the | 3577 |
| previous calendar year and were determined to be eligible | 3578 |
| applicants. | 3579 |
| All moneys contained in the fund on the first day of January | 3580 |
| of a calendar year shall be allocated, after deduction of the | 3581 |
| costs of administering sections 120.51 to 120.55 and sections | 3582 |
| 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the | 3583 |
| Revised Code that are authorized by section 120.52 of the Revised | 3584 |
| Code, according to this section and shall be distributed | 3585 |
| accordingly on the thirty-first day of January of that calendar | 3586 |
| year, and all moneys contained in the fund on the first day of | 3587 |
| July of that calendar year shall be allocated, after deduction of | 3588 |
| the costs of administering those sections that are authorized by | 3589 |
| section 120.52 of the Revised Code, according to this section and | 3590 |
| shall be distributed accordingly on the thirty-first day of July | 3591 |
| of that calendar year. In making the allocations under this | 3592 |
| section, the moneys in the fund that were generated pursuant to | 3593 |
| sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and | 3594 |
| 4705.10 of the Revised Code and all income generated from the | 3595 |
| investment of such moneys shall be apportioned as follows: | 3596 |
| (1) After deduction of the amount authorized and used for | 3597 |
| actual, reasonable administrative costs under section 120.52 of | 3598 |
| the Revised Code: | 3599 |
| (a) Five per cent of the moneys remaining in the fund | 3600 |
| 3601 | |
| 3602 | |
| shall be reserved for use in the manner described in division (A) | 3603 |
| of section 120.521 of the Revised Code or for distribution to | 3604 |
| legal aid societies that provide assistance to special population | 3605 |
| groups of their eligible clients, engage in special projects that | 3606 |
| have a substantial impact on their local service area or on | 3607 |
| significant segments of the state's poverty population, or provide | 3608 |
| legal training or support to other legal aid societies in the | 3609 |
| state; | 3610 |
| (b) After deduction of the amount described in division | 3611 |
| (D)(1)(a) of this section, one and three-quarters per cent of the | 3612 |
| moneys remaining in the fund shall be apportioned among entities | 3613 |
| that received financial assistance from the legal aid fund prior | 3614 |
| to the effective date of this amendment but that, on and after the | 3615 |
| effective date of this amendment, no longer qualify as a legal aid | 3616 |
| society that is eligible for financial assistance under this | 3617 |
| section. | 3618 |
| (c) After deduction of the amounts described in divisions | 3619 |
| (D)(1)(a) and (b) of this section, fifteen per cent of the moneys | 3620 |
| remaining in the fund shall be placed in the legal assistance | 3621 |
| foundation fund for use in the manner described in division (A) of | 3622 |
| section 120.521 of the Revised Code. | 3623 |
| (2) After deduction of the actual, reasonable administrative | 3624 |
| costs under section 120.52 of the Revised Code and after deduction | 3625 |
| of the amounts identified in | 3626 |
| (b), and (c) of this section, the remaining moneys shall be | 3627 |
| apportioned among the counties that are served by eligible legal | 3628 |
| aid societies that have applied for financial assistance under | 3629 |
| this section so that each such county is apportioned a portion of | 3630 |
| those moneys, based upon the ratio of the number of indigents who | 3631 |
| reside in that county to the total number of indigents who reside | 3632 |
| in all counties of this state that are served by eligible legal | 3633 |
| aid societies that have applied for financial assistance under | 3634 |
| this section. Subject to division (E) of this section, the moneys | 3635 |
| apportioned to a county under this division then shall be | 3636 |
| allocated to the eligible legal aid society that serves the county | 3637 |
| and that has applied for financial assistance under this section. | 3638 |
| For purposes of this division, the source of data identifying the | 3639 |
| number of indigent persons who reside in a county shall be the | 3640 |
| most recent decennial census figures from the United States | 3641 |
| department of commerce, division of census. | 3642 |
| (E) If the Ohio legal assistance foundation, in attempting to | 3643 |
| make an allocation of moneys under division (D)(2) of this | 3644 |
| section, determines that a county that has been apportioned money | 3645 |
| under that division is served by more than one eligible legal aid | 3646 |
| society that has applied for financial assistance under this | 3647 |
| section, the Ohio legal assistance foundation shall allocate the | 3648 |
| moneys that have been apportioned to that county under division | 3649 |
| (D)(2) of this section among all eligible legal aid societies that | 3650 |
| serve that county and that have applied for financial assistance | 3651 |
| under this section on a pro rata basis, so that each such eligible | 3652 |
| society is allocated a portion based upon the amount of its total | 3653 |
| budget expended in the prior calendar year for legal services in | 3654 |
| that county as compared to the total amount expended in the prior | 3655 |
| calendar year for legal services in that county by all eligible | 3656 |
| legal aid societies that serve that county and that have applied | 3657 |
| for financial assistance under this section. | 3658 |
| (F) Moneys allocated to eligible applicants under this | 3659 |
| section shall be paid twice annually, on the thirty-first day of | 3660 |
| January and on the thirty-first day of July of the calendar year | 3661 |
| following the calendar year in which the application is filed. | 3662 |
| (G)(1) A legal aid society that receives financial assistance | 3663 |
| in any calendar year under this section shall file an annual | 3664 |
| report with the Ohio legal assistance foundation detailing the | 3665 |
| number and types of cases handled, and the amount and types of | 3666 |
| legal training, legal technical assistance, and other service | 3667 |
| provided, by means of that financial assistance. No information | 3668 |
| contained in the report shall identify or enable the | 3669 |
| identification of any person served by the legal aid society or in | 3670 |
| any way breach client confidentiality. | 3671 |
| (2) The Ohio legal assistance foundation shall make an annual | 3672 |
| report to the governor, the general assembly, and the supreme | 3673 |
| court on the distribution and use of the legal aid fund. The | 3674 |
| foundation also shall include in the annual report an audited | 3675 |
| financial statement of all gifts, bequests, donations, | 3676 |
| contributions, and other moneys the foundation receives. No | 3677 |
| information contained in the report shall identify or enable the | 3678 |
| identification of any person served by a legal aid society, or in | 3679 |
| any way breach confidentiality. | 3680 |
| (H) A legal aid society may enter into agreements for the | 3681 |
| provision of services, programs, training, or legal technical | 3682 |
| assistance for the legal aid society or to indigent persons. | 3683 |
| Sec. 121.37. (A)(1) There is hereby created the Ohio family | 3684 |
| and children first cabinet council. The council shall be composed | 3685 |
| of the superintendent of public instruction and the directors of | 3686 |
| youth services, job and family services, mental health, health, | 3687 |
| alcohol and drug addiction services, mental retardation and | 3688 |
| developmental disabilities, and budget and management. The | 3689 |
| chairperson of the council shall be the governor or the governor's | 3690 |
| designee and shall establish procedures for the council's internal | 3691 |
| control and management. | 3692 |
| (2) The purpose of the cabinet council is to help families | 3693 |
| seeking government services. This section shall not be interpreted | 3694 |
| or applied to usurp the role of parents, but solely to streamline | 3695 |
| and coordinate existing government services for families seeking | 3696 |
| assistance for their children. | 3697 |
| In seeking to fulfill its purpose, the council may do any of | 3698 |
| the following: | 3699 |
| (a) Advise and make recommendations to the governor and | 3700 |
| general assembly regarding the provision of services to children; | 3701 |
| (b) Advise and assess local governments on the coordination | 3702 |
| of service delivery to children; | 3703 |
| (c) Hold meetings at such times and places as may be | 3704 |
| prescribed by the council's procedures and maintain records of the | 3705 |
| meetings, except that records identifying individual children are | 3706 |
| confidential and shall be disclosed only as provided by law; | 3707 |
| (d) Develop programs and projects, including pilot projects, | 3708 |
| to encourage coordinated efforts at the state and local level to | 3709 |
| improve the state's social service delivery system; | 3710 |
| (e) Enter into contracts with and administer grants to county | 3711 |
| family and children first councils, as well as other county or | 3712 |
| multicounty organizations to plan and coordinate service delivery | 3713 |
| between state agencies and local service providers for families | 3714 |
| and children; | 3715 |
| (f) Enter into contracts with and apply for grants from | 3716 |
| federal agencies or private organizations; | 3717 |
| (g) Enter into interagency agreements to encourage | 3718 |
| coordinated efforts at the state and local level to improve the | 3719 |
| state's social service delivery system. The agreements may include | 3720 |
| provisions regarding the receipt, transfer, and expenditure of | 3721 |
| funds; | 3722 |
| (h) Identify public and private funding sources for services | 3723 |
| provided to alleged or adjudicated unruly children and children | 3724 |
| who are at risk of being alleged or adjudicated unruly children, | 3725 |
| including regulations governing access to and use of the services; | 3726 |
| (i) Collect information provided by local communities | 3727 |
| regarding successful programs for prevention, intervention, and | 3728 |
| treatment of unruly behavior, including evaluations of the | 3729 |
| programs; | 3730 |
| (j) Identify and disseminate publications regarding alleged | 3731 |
| or adjudicated unruly children and children who are at risk of | 3732 |
| being alleged or adjudicated unruly children and regarding | 3733 |
| programs serving those types of children; | 3734 |
| (k) Maintain an inventory of strategic planning facilitators | 3735 |
| for use by government or nonprofit entities that serve alleged or | 3736 |
| adjudicated unruly children or children who are at risk of being | 3737 |
| alleged or adjudicated unruly children. | 3738 |
| (3) The cabinet council shall provide for the following: | 3739 |
| (a) Reviews of service and treatment plans for children for | 3740 |
| which such reviews are requested; | 3741 |
| (b) Assistance as the council determines to be necessary to | 3742 |
| meet the needs of children referred by county family and children | 3743 |
| first councils; | 3744 |
| (c) Monitoring and supervision of a statewide, comprehensive, | 3745 |
| coordinated, multi-disciplinary, interagency system for infants | 3746 |
| and toddlers with developmental disabilities or delays and their | 3747 |
| families, as established pursuant to federal grants received and | 3748 |
| administered by the department of health for early intervention | 3749 |
| services under the
" | 3750 |
| 3751 | |
| Disabilities Education Act of 2004," 20 U.S.C.A. 1400, as amended. | 3752 |
| (B)(1) Each board of county commissioners shall establish a | 3753 |
| county family and children first council. The board may invite any | 3754 |
| local public or private agency or group that funds, advocates, or | 3755 |
| provides services to children and families to have a | 3756 |
| representative become a permanent or temporary member of its | 3757 |
| county council. Each county council must include the following | 3758 |
| individuals: | 3759 |
| (a) At least three individuals who are not employed by an | 3760 |
| agency represented on the council and whose families are or have | 3761 |
| received services from an agency represented on the council or | 3762 |
| another county's council. Where possible, the number of members | 3763 |
| representing families shall be equal to twenty per cent of the | 3764 |
| council's membership. | 3765 |
| (b) The director of the board of alcohol, drug addiction, and | 3766 |
| mental health services that serves the county, or, in the case of | 3767 |
| a county that has a board of alcohol and drug addiction services | 3768 |
| and a community mental health board, the directors of both boards. | 3769 |
| If a board of alcohol, drug addiction, and mental health services | 3770 |
| covers more than one county, the director may designate a person | 3771 |
| to participate on the county's council. | 3772 |
| (c) The health commissioner, or the commissioner's designee, | 3773 |
| of the board of health of each city and general health district in | 3774 |
| the county. If the county has two or more health districts, the | 3775 |
| health commissioner membership may be limited to the commissioners | 3776 |
| of the two districts with the largest populations. | 3777 |
| (d) The director of the county department of job and family | 3778 |
| services; | 3779 |
| (e) The executive director of the
| 3780 |
| 3781 | |
| 3782 |
| (f) The superintendent of the county board of mental | 3783 |
| retardation and developmental disabilities; | 3784 |
| (g) The county's juvenile court judge senior in service or | 3785 |
| another judge of the juvenile court designated by the | 3786 |
| administrative judge or, where there is no administrative judge, | 3787 |
| by the judge senior in service; | 3788 |
| (h) The superintendent of the city, exempted village, or | 3789 |
| local school district with the largest number of pupils residing | 3790 |
| in the county, as determined by the department of education, which | 3791 |
| shall notify each board of county commissioners of its | 3792 |
| determination at least biennially; | 3793 |
| (i) A school superintendent representing all other school | 3794 |
| districts with territory in the county, as designated at a | 3795 |
| biennial meeting of the superintendents of those districts; | 3796 |
| (j) A representative of the municipal corporation with the | 3797 |
| largest population in the county; | 3798 |
| (k) The president of the board of county
commissioners | 3799 |
| individual designated by the board; | 3800 |
| (l) A representative of the regional office of the department | 3801 |
| of youth services; | 3802 |
| (m) A representative of the county's head start agencies, as | 3803 |
|
defined in section | 3804 |
| (n) A representative of the county's early intervention | 3805 |
| collaborative established pursuant to the federal early | 3806 |
| intervention program operated under the "Education of the | 3807 |
| Handicapped Act Amendments of 1986"; | 3808 |
| (o) A representative of a local nonprofit entity that funds, | 3809 |
| advocates, or provides services to children and families. | 3810 |
| Notwithstanding any other provision of law, the public | 3811 |
| members of a county council are not prohibited from serving on the | 3812 |
| council and making decisions regarding the duties of the council, | 3813 |
| including those involving the funding of joint projects and those | 3814 |
| outlined in the county's service coordination mechanism | 3815 |
| implemented pursuant to division (C) of this section. | 3816 |
| The cabinet council shall establish a state appeals process | 3817 |
| to resolve disputes among the members of a county council | 3818 |
| concerning whether reasonable responsibilities as members are | 3819 |
| being shared. The appeals process may be accessed only by a | 3820 |
| majority vote of the council members who are required to serve on | 3821 |
| the council. Upon appeal, the cabinet council may order that state | 3822 |
| funds for services to children and families be redirected to a | 3823 |
| county's board of county commissioners. | 3824 |
| (2) | 3825 |
| coordinate existing government services for families seeking | 3826 |
| services for their children. In seeking to fulfill its purpose, a | 3827 |
| county council shall provide for the following: | 3828 |
| (a) Referrals to the cabinet council of those children for | 3829 |
| whom the county council cannot provide adequate services; | 3830 |
| (b) Development and implementation of a process that annually | 3831 |
| evaluates and prioritizes services, fills service gaps where | 3832 |
| possible, and invents new approaches to achieve better results for | 3833 |
| families and children; | 3834 |
| (c) Participation in the development of a countywide, | 3835 |
| comprehensive, coordinated, multi-disciplinary, interagency system | 3836 |
| for infants and toddlers with developmental disabilities or delays | 3837 |
| and their families, as established pursuant to federal grants | 3838 |
| received and administered by the department of health for early | 3839 |
| intervention services under the "Education of the Handicapped Act | 3840 |
| Amendments of 1986"; | 3841 |
| (d) Maintenance of an accountability system to monitor the | 3842 |
| county council's progress in achieving results for families and | 3843 |
| children; | 3844 |
| (e) Establishment of a mechanism to ensure ongoing input from | 3845 |
| a broad representation of families who are receiving services | 3846 |
| within the county system. | 3847 |
| (3)(a) Except as provided in division (B)(3)(b) of this | 3848 |
| section, a county council shall comply with the policies, | 3849 |
| procedures, and activities prescribed by the rules or interagency | 3850 |
| agreements of a state department participating on the cabinet | 3851 |
| council whenever the county council performs a function subject to | 3852 |
| those rules or agreements. | 3853 |
| (b) On application of a county council, the cabinet council | 3854 |
| may grant an exemption from any rules or interagency agreements of | 3855 |
| a state department participating on the council if an exemption is | 3856 |
| necessary for the council to implement an alternative program or | 3857 |
| approach for service delivery to families and children. The | 3858 |
| application shall describe the proposed program or approach and | 3859 |
| specify the rules or interagency agreements from which an | 3860 |
| exemption is necessary. The cabinet council shall approve or | 3861 |
| disapprove the application in accordance with standards and | 3862 |
| procedures it shall adopt. If an application is approved, the | 3863 |
| exemption is effective only while the program or approach is being | 3864 |
| implemented, including a reasonable period during which the | 3865 |
| program or approach is being evaluated for effectiveness. | 3866 |
| (4)(a) Each county council shall designate an administrative | 3867 |
| agent for the council from among the following public entities: | 3868 |
| the board of alcohol, drug addiction, and mental health services, | 3869 |
| including a board of alcohol and drug addiction or a community | 3870 |
| mental health board if the county is served by separate boards; | 3871 |
| the board of county commissioners; any board of health of the | 3872 |
| county's city and general health districts; the county department | 3873 |
| of job and family services; the county agency responsible for the | 3874 |
| administration of children services pursuant to section 5153.15 of | 3875 |
| the Revised Code; the county board of mental retardation and | 3876 |
| developmental disabilities; any of the county's boards of | 3877 |
| education or governing boards of educational service centers; or | 3878 |
| the county's juvenile court. Any of the foregoing public entities, | 3879 |
| other than the board of county commissioners, may decline to serve | 3880 |
| as the council's administrative agent. | 3881 |
| A county council's administrative agent shall serve as the | 3882 |
| council's appointing authority for any employees of the council. | 3883 |
| The council shall file an annual budget with its administrative | 3884 |
| agent, with copies filed with the county auditor and with the | 3885 |
| board of county commissioners, unless the board is serving as the | 3886 |
| council's administrative agent. The council's administrative agent | 3887 |
| shall ensure that all expenditures are handled in accordance with | 3888 |
| policies, procedures, and activities prescribed by state | 3889 |
| departments in rules or interagency agreements that are applicable | 3890 |
| to the council's functions. | 3891 |
| The administrative agent for a county council may do any of | 3892 |
| the following on behalf of the council: | 3893 |
| (i) Enter into agreements or administer contracts with public | 3894 |
| or private entities to fulfill specific council business. Such | 3895 |
| agreements and contracts are exempt from the competitive bidding | 3896 |
| requirements of section 307.86 of the Revised Code if they have | 3897 |
| been approved by the county council and they are for the purchase | 3898 |
| of family and child welfare or child protection services or other | 3899 |
| social or job and family services for families and children. The | 3900 |
| approval of the county council is not required to exempt | 3901 |
| agreements or contracts entered into under section 5139.34, | 3902 |
| 5139.41, or 5139.43 of the Revised Code from the competitive | 3903 |
| bidding requirements of section 307.86 of the Revised Code. | 3904 |
| (ii) As determined by the council, provide financial | 3905 |
| stipends, reimbursements, or both, to family representatives for | 3906 |
| expenses related to council activity; | 3907 |
| (iii) Receive by gift, grant, devise, or bequest any moneys, | 3908 |
| lands, or other property for the purposes for which the council is | 3909 |
| established. The agent shall hold, apply, and dispose of the | 3910 |
| moneys, lands, or other property according to the terms of the | 3911 |
| gift, grant, devise, or bequest. Any interest or earnings shall be | 3912 |
| treated in the same manner and are subject to the same terms as | 3913 |
| the gift, grant, devise, or bequest from which it accrues. | 3914 |
| (b)(i) If the county council designates the board of county | 3915 |
| commissioners as its administrative agent, the board may, by | 3916 |
| resolution, delegate any of its powers and duties as | 3917 |
| administrative agent to an executive committee the board | 3918 |
| establishes from the membership of the county council. The board | 3919 |
| shall name to the executive committee at least the individuals | 3920 |
|
described in divisions (B)(1) | 3921 |
| section and may appoint the president of the board or another | 3922 |
| individual as the chair of the executive committee. The executive | 3923 |
| committee must include at least one family county council | 3924 |
| representative who does not have a family member employed by an | 3925 |
| agency represented on the council. | 3926 |
| (ii) The executive committee may, with the approval of the | 3927 |
| board, hire an executive director to assist the county council in | 3928 |
| administering its powers and duties. The executive director shall | 3929 |
| serve in the unclassified civil service at the pleasure of the | 3930 |
| executive committee. The executive director may, with the approval | 3931 |
| of the executive committee, hire other employees as necessary to | 3932 |
| properly conduct the county council's business. | 3933 |
| (iii) The board may require the executive committee to submit | 3934 |
| an annual budget to the board for approval and may amend or repeal | 3935 |
| the resolution that delegated to the executive committee its | 3936 |
| authority as the county council's administrative agent. | 3937 |
| (5) Two or more county councils may enter into an agreement | 3938 |
| to administer their county councils jointly by creating a regional | 3939 |
| family and children first council. A regional council possesses | 3940 |
| the same duties and authority possessed by a county council, | 3941 |
| except that the duties and authority apply regionally rather than | 3942 |
| to individual counties. Prior to entering into an agreement to | 3943 |
| create a regional council, the members of each county council to | 3944 |
| be part of the regional council shall meet to determine whether | 3945 |
| all or part of the members of each county council will serve as | 3946 |
| members of the regional council. | 3947 |
| (6) A board of county commissioners may approve a resolution | 3948 |
| by a majority vote of the board's members that requires the county | 3949 |
| council to submit a statement to the board each time the council | 3950 |
| proposes to enter into an agreement, adopt a plan, or make a | 3951 |
| decision, other than a decision pursuant to section 121.38 of the | 3952 |
| Revised Code, that requires the expenditure of funds for two or | 3953 |
| more families. The statement shall describe the proposed | 3954 |
| agreement, plan, or decision. | 3955 |
| Not later than fifteen days after the board receives the | 3956 |
| statement, it shall, by resolution approved by a majority of its | 3957 |
| members, approve or disapprove the agreement, plan, or decision. | 3958 |
| Failure of the board to pass a resolution during that time period | 3959 |
| shall be considered approval of the agreement, plan, or decision. | 3960 |
| An agreement, plan, or decision for which a statement is | 3961 |
| required to be submitted to the board shall be implemented only if | 3962 |
| it is approved by the board. | 3963 |
| (C) Each county shall develop a county service coordination | 3964 |
| mechanism. The county service coordination mechanism shall serve | 3965 |
| as the guiding document for coordination of services in the | 3966 |
| county. For children who also receive services under the help me | 3967 |
| grow program, the service coordination mechanism shall be | 3968 |
| consistent with rules adopted by the department of health under | 3969 |
| section 3701.61 of the Revised Code. All family service | 3970 |
| coordination plans shall be developed in accordance with the | 3971 |
| county service coordination mechanism. The mechanism shall be | 3972 |
| developed and approved with the participation of the county | 3973 |
| entities representing child welfare; mental retardation and | 3974 |
| developmental disabilities; alcohol, drug addiction, and mental | 3975 |
| health services; health; juvenile judges; education; the county | 3976 |
| family and children first council; and the county early | 3977 |
| intervention collaborative established pursuant to the federal | 3978 |
| early intervention program operated under the "Education of the | 3979 |
| Handicapped Act Amendments of 1986." The county shall establish an | 3980 |
| implementation schedule for the mechanism. The cabinet council may | 3981 |
| monitor the implementation and administration of each county's | 3982 |
| service coordination mechanism. | 3983 |
| Each mechanism shall include all of the following: | 3984 |
| (1) A procedure for | 3985 |
| 3986 | |
| 3987 | |
| 3988 | |
| 3989 | |
| voluntarily seeking service coordination, to refer the child and | 3990 |
| family to the county council for service coordination in | 3991 |
| accordance with the county service coordination mechanism; | 3992 |
| (2) A procedure ensuring that a family and all appropriate | 3993 |
| staff from involved agencies, including a representative from the | 3994 |
| appropriate school district, are notified of and invited to | 3995 |
| participate in all family service coordination plan meetings; | 3996 |
| (3) A procedure that permits a family to initiate a meeting | 3997 |
| to develop or review the family's service coordination plan and | 3998 |
| allows the family to invite a family advocate, mentor, or support | 3999 |
| person of the family's choice to participate in any such meeting; | 4000 |
| (4) A procedure for ensuring that a family service | 4001 |
| coordination plan meeting is conducted before a non-emergency | 4002 |
| out-of-home placement for all multi-need children, or within ten | 4003 |
| days of a placement for emergency placements of multi-need | 4004 |
| children. The family service coordination plan shall outline how | 4005 |
| the county council members will jointly pay for services, where | 4006 |
| applicable, and provide services in the least restrictive | 4007 |
| environment. | 4008 |
| (5) A procedure for monitoring the progress and tracking the | 4009 |
| outcomes of each service coordination plan requested in the county | 4010 |
| including monitoring and tracking children in out-of-home | 4011 |
| placements to assure continued progress, appropriateness of | 4012 |
| placement, and continuity of care after discharge from placement | 4013 |
| with appropriate arrangements for housing, treatment, and | 4014 |
| education. | 4015 |
| (6) A procedure for protecting the confidentiality of all | 4016 |
| personal family information disclosed during service coordination | 4017 |
| meetings or contained in the comprehensive family service | 4018 |
| coordination plan. | 4019 |
|
(7) A procedure for assessing the | 4020 |
| of | 4021 |
| council for service coordination, including a child | 4022 |
| 4023 | |
| 4024 | |
| parent or custodian is voluntarily seeking services, and for | 4025 |
| ensuring that parents and custodians are afforded the opportunity | 4026 |
| to participate; | 4027 |
| | 4028 |
| family service coordination plan described in division (D) of this | 4029 |
| section; | 4030 |
| | 4031 |
| process that must be used first to resolve disputes among the | 4032 |
| agencies represented on the county council concerning the | 4033 |
| provision of services to children, including children who are | 4034 |
| abused, neglected, dependent, unruly, alleged unruly, or | 4035 |
| delinquent children and under the jurisdiction of the juvenile | 4036 |
| court and children whose parents or custodians are voluntarily | 4037 |
| seeking services. The local dispute resolution process shall | 4038 |
|
comply
with section
121.38 of the Revised Code. | 4039 |
| dispute resolution process shall be used to resolve disputes | 4040 |
| between a child's parents or custodians and the county council | 4041 |
| regarding service coordination. The county council shall inform | 4042 |
| the parents or custodians of their right to use the dispute | 4043 |
| resolution process. Parents or custodians shall use existing local | 4044 |
| agency grievance procedures to address disputes not involving | 4045 |
| service coordination. The dispute resolution process is in | 4046 |
| addition to and does not replace other rights or procedures that | 4047 |
| parents or custodians may have under other sections of the Revised | 4048 |
| Code. | 4049 |
| The cabinet council shall adopt rules in accordance with | 4050 |
| Chapter 119. of the Revised Code establishing an administrative | 4051 |
| review process to address problems that arise concerning the | 4052 |
| operation of a local dispute resolution process. | 4053 |
| Nothing in division (C)(4) of this section shall be | 4054 |
| interpreted as overriding or affecting decisions of a juvenile | 4055 |
| court regarding an out-of-home placement, long-term placement, or | 4056 |
| emergency out-of-home placement. | 4057 |
| (D)
Each county shall develop a comprehensive | 4058 |
| service coordination
plan
that does | 4059 |
| (1) Designates service responsibilities among the various | 4060 |
| state and local agencies that provide services to children and | 4061 |
| their families, including children who are abused, neglected, | 4062 |
| dependent, unruly, or delinquent children and under the | 4063 |
| jurisdiction of the juvenile court and children whose parents or | 4064 |
| custodians are voluntarily seeking services; | 4065 |
| (2) Designates an individual, approved by the family, to | 4066 |
| track the progress of the family service coordination plan, | 4067 |
| schedule reviews as necessary, and facilitate the family service | 4068 |
| coordination plan meeting process; | 4069 |
| (3) Ensures that assistance and services to be provided are | 4070 |
| responsive to the strengths and needs of the family, as well as | 4071 |
| the family's culture, race, and ethnic group, by allowing the | 4072 |
| family to offer information and suggestions and participate in | 4073 |
| decisions. Identified assistance and services shall be provided in | 4074 |
| the least restrictive environment possible. | 4075 |
|
(4) Includes a | 4076 |
|
a child
who is alleged to be an unruly child. The | 4077 |
| 4078 | |
| from the juvenile court system; | 4079 |
| (5) Includes timelines for completion of goals specified in | 4080 |
| the plan with regular reviews scheduled to monitor progress toward | 4081 |
| those goals; | 4082 |
| (6) Includes a plan for dealing with short-term crisis | 4083 |
| situations and safety concerns. | 4084 |
| (E)(1) The | 4085 |
|
division
(D) | 4086 |
| to, the following: | 4087 |
| (a) | 4088 |
| 4089 | |
| 4090 |
| | 4091 |
| assessment of the child and the child's family as described in | 4092 |
|
division
| 4093 |
| instrument or instruments to be used to conduct the assessment; | 4094 |
| | 4095 |
| 4096 |
| | 4097 |
| child and the parental responsibilities of the parents, guardian, | 4098 |
| or custodian of the child; | 4099 |
| | 4100 |
| officials. | 4101 |
| (2) The method to divert a child from the juvenile court | 4102 |
| system that must be included in the service coordination process | 4103 |
| may include, but is not limited to, the following: | 4104 |
| (a) The preparation of a complaint under section 2151.27 of | 4105 |
| the Revised Code alleging that the child is an unruly child and | 4106 |
| notifying the child and the parents, guardian, or custodian that | 4107 |
| the complaint has been prepared to encourage the child and the | 4108 |
| parents, guardian, or custodian to comply with other methods to | 4109 |
| divert the child from the juvenile court system; | 4110 |
| (b) Conducting a meeting with the child, the parents, | 4111 |
| guardian, or custodian, and other interested parties to determine | 4112 |
| the appropriate methods to divert the child from the juvenile | 4113 |
| court system; | 4114 |
| (c) | 4115 |
| 4116 | |
| 4117 |
| | 4118 |
| short-term respite from a short-term crisis situation involving a | 4119 |
| confrontation between the child and the parents, guardian, or | 4120 |
| custodian; | 4121 |
| | 4122 |
| parents, guardian, or custodian; | 4123 |
| | 4124 |
| parents, guardian, or custodian; | 4125 |
| | 4126 |
| truant from school, repeatedly disruptive in school, or suspended | 4127 |
| or expelled from school; | 4128 |
| | 4129 |
| to, any alternative methods to divert a child from the juvenile | 4130 |
| court system that are identified by the Ohio family and children | 4131 |
| first cabinet council. | 4132 |
| (F) Each county may review and revise the service | 4133 |
|
coordination process described in division (D) | 4134 |
| based on the availability of funds under Title IV-A of the "Social | 4135 |
| Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended, | 4136 |
| or to the extent resources are available from any other federal, | 4137 |
| state, or local funds. | 4138 |
| Sec. 121.373. There is hereby created in the state treasury | 4139 |
| the family and children first administration fund. The fund shall | 4140 |
| consist of money that the director of budget and management | 4141 |
| transfers from one or more funds of one or more agencies | 4142 |
| represented on the Ohio family and children first cabinet council. | 4143 |
| The director may transfer only money that state or federal law | 4144 |
| permits to be used for the cabinet council's administrative costs. | 4145 |
| Money in the fund shall be used to pay the cabinet council's | 4146 |
| administrative costs. | 4147 |
| Sec. 121.38. (A) An agency represented on a county family | 4148 |
| and children first council that disagrees with the council's | 4149 |
| decision concerning the services or funding for services a child | 4150 |
| is to receive from agencies represented on the council may | 4151 |
| initiate the local dispute resolution process established in the | 4152 |
| county service coordination mechanism applicable to the council. | 4153 |
| On completion of the process, the decision maker designated in the | 4154 |
| mechanism shall issue a written determination that directs one or | 4155 |
| more agencies represented on the council to provide services or | 4156 |
| funding for services to the child. The determination shall include | 4157 |
| a plan of care governing the manner in which the services or | 4158 |
| funding are to be provided. The decision maker shall base the plan | 4159 |
| of care on
the | 4160 |
| plan developed as part of the county's service coordination | 4161 |
| mechanism and on evidence presented during the local dispute | 4162 |
| resolution process. The decision maker may require an agency to | 4163 |
| provide services or funding only if the child's condition or needs | 4164 |
| qualify the child for services under the laws governing the | 4165 |
| agency. | 4166 |
| (B) An agency subject to a determination issued pursuant to a | 4167 |
| local dispute resolution process shall immediately comply with the | 4168 |
| determination, unless the agency objects to the determination by | 4169 |
| doing one of the following not later than seven days after the | 4170 |
| date the written determination is issued: | 4171 |
| (1) If the child has been alleged or adjudicated to be an | 4172 |
| abused, neglected, dependent, unruly, or delinquent child or a | 4173 |
| juvenile traffic offender, filing in the juvenile court of the | 4174 |
| county having jurisdiction over the child's case a motion | 4175 |
| requesting that the court hold a hearing to determine which | 4176 |
| agencies are to provide services or funding for services to the | 4177 |
| child. | 4178 |
| (2) If the child is not a child described in division (B)(1) | 4179 |
| of this section, filing in the juvenile court of the county served | 4180 |
| by the county council a complaint objecting to the determination. | 4181 |
| The court shall hold a hearing as soon as possible, but not | 4182 |
| later than ninety days after the motion or complaint is filed. At | 4183 |
| least five days before the date on which the court hearing is to | 4184 |
| be held, the court shall send each agency subject to the | 4185 |
| determination written notice by first class mail of the date, | 4186 |
| time, place, and purpose of the court hearing. In the case of a | 4187 |
| motion filed under division (B)(1) of this section, the court may | 4188 |
| conduct the hearing as part of the adjudicatory or dispositional | 4189 |
| hearing concerning the child, if appropriate, and shall provide | 4190 |
| notice as required for those hearings. | 4191 |
| Except in cases in which the hearing is conducted as part of | 4192 |
| the adjudicatory or dispositional hearing, a hearing held pursuant | 4193 |
| to this division shall be limited to a determination of which | 4194 |
| agencies are to provide services or funding for services to the | 4195 |
| child. At the conclusion of the hearing, the court shall issue an | 4196 |
| order directing one or more agencies represented on the county | 4197 |
| council to provide services or funding for services to the child. | 4198 |
| The order shall include a plan of care governing the manner in | 4199 |
| which the services or funding are to be provided. The court shall | 4200 |
|
base the plan of care on the | 4201 |
| coordination plan developed as part of the county's service | 4202 |
| coordination plan and on evidence presented during the hearing. An | 4203 |
| agency required by the order to provide services or funding shall | 4204 |
| be a party to any juvenile court proceeding concerning the child. | 4205 |
| The court may require an agency to provide services or funding for | 4206 |
| a child only if the child's condition or needs qualify the child | 4207 |
| for services under the laws governing the agency. | 4208 |
| (C) While the local dispute resolution process or court | 4209 |
| proceedings pursuant to this section are pending, each agency | 4210 |
| shall provide services and funding as required by the decision | 4211 |
| made by the county council before dispute resolution was | 4212 |
| initiated. If an agency that provides services or funds during the | 4213 |
| local dispute resolution process or court proceedings is | 4214 |
| determined through the process or proceedings not to be | 4215 |
| responsible for providing them, it shall be reimbursed for the | 4216 |
| costs of providing the services or funding by the agencies | 4217 |
| determined to be responsible for providing them. | 4218 |
| Sec. 121.381. A parent or custodian who disagrees with a | 4219 |
| decision rendered by a county family and children first council | 4220 |
| regarding services for a child may initiate the dispute resolution | 4221 |
| process established in the county service coordination mechanism | 4222 |
| pursuant to division (C)(10) of section 121.37 of the Revised | 4223 |
| Code. | 4224 |
| Not later than sixty days after the parent or custodian | 4225 |
| initiates the dispute resolution process, the council shall make | 4226 |
| findings regarding the dispute and issue a written determination | 4227 |
| of its findings. | 4228 |
| Sec. 121.382. Each agency represented on a county family and | 4229 |
| children first council that is providing services or funding for | 4230 |
| services that are the subject of the dispute resolution process | 4231 |
| initiated by a parent or custodian under section 121.381 of the | 4232 |
| Revised Code shall continue to provide those services and the | 4233 |
| funding for those services during the dispute resolution process. | 4234 |
| Sec. 121.403. (A) The Ohio community service council may do | 4235 |
| any of the following: | 4236 |
| (1) Accept monetary gifts or donations; | 4237 |
| (2) Sponsor conferences, meetings, or events in furtherance | 4238 |
| of the council's purpose described in section 121.40 of the | 4239 |
| Revised Code and charge fees for participation or involvement in | 4240 |
| the conferences, meetings, or events; | 4241 |
| (3) Sell promotional items in furtherance of the council's | 4242 |
| purpose described in section 121.40 of the Revised Code. | 4243 |
| (B) All monetary gifts and donations, funds from the sale of | 4244 |
| promotional items, and any fees paid to the council for | 4245 |
| conferences, meetings, or events sponsored by the council shall be | 4246 |
| deposited into the Ohio community service council gifts and | 4247 |
| donations fund, which is hereby created in the state treasury. | 4248 |
| Moneys in the fund may be used only as follows: | 4249 |
| (1) To pay operating expenses of the council, including | 4250 |
| payroll, personal services, maintenance, equipment, and subsidy | 4251 |
| payments; | 4252 |
| (2) To support council programs promoting volunteerism and | 4253 |
| community service in the state; | 4254 |
| (3) As matching funds for federal grants. | 4255 |
| Sec. 122.011. (A) The department of development shall | 4256 |
| develop and promote plans and programs designed to assure that | 4257 |
| state resources are efficiently used, economic growth is properly | 4258 |
| balanced, community growth is developed in an orderly manner, and | 4259 |
| local governments are coordinated with each other and the state, | 4260 |
| and for such purposes may do all of the following: | 4261 |
| (1) Serve as a clearinghouse for information, data, and other | 4262 |
| materials that may be helpful or necessary to persons or local | 4263 |
| governments, as provided in section 122.07 of the Revised Code; | 4264 |
| (2) Prepare and activate plans for the retention, | 4265 |
| development, expansion, and use of the resources and commerce of | 4266 |
| the state, as provided in section 122.04 of the Revised Code; | 4267 |
| (3) Assist and cooperate with federal, state, and local | 4268 |
| governments and agencies of federal, state, and local governments | 4269 |
| in the coordination of programs to carry out the functions and | 4270 |
| duties of the department; | 4271 |
| (4) Encourage and foster research and development activities, | 4272 |
| conduct studies related to the solution of community problems, and | 4273 |
| develop recommendations for administrative or legislative actions, | 4274 |
| as provided in section 122.03 of the Revised Code; | 4275 |
| (5) Serve as the economic and community development planning | 4276 |
| agency, which shall prepare and recommend plans and programs for | 4277 |
| the orderly growth and development of this state and which shall | 4278 |
| provide planning assistance, as provided in section 122.06 of the | 4279 |
| Revised Code; | 4280 |
| (6) Cooperate with and provide technical assistance to state | 4281 |
| departments, political subdivisions, regional and local planning | 4282 |
| commissions, tourist associations, councils of government, | 4283 |
| community development groups, community action agencies, and other | 4284 |
| appropriate organizations for carrying out the functions and | 4285 |
| duties of the department or for the solution of community | 4286 |
| problems; | 4287 |
| (7) Coordinate the activities of state agencies that have an | 4288 |
| impact on carrying out the functions and duties of the department; | 4289 |
| (8) Encourage and assist the efforts of and cooperate with | 4290 |
| local governments to develop mutual and cooperative solutions to | 4291 |
| their common problems that relate to carrying out the purposes of | 4292 |
| this section; | 4293 |
| (9) Study existing structure, operations, and financing of | 4294 |
| regional or local government and those state activities that | 4295 |
| involve significant relations with regional or local governmental | 4296 |
| units, recommend to the governor and to the general assembly such | 4297 |
| changes in these provisions and activities as will improve the | 4298 |
| operations of regional or local government, and conduct other | 4299 |
| studies of legal provisions that affect problems related to | 4300 |
| carrying out the purposes of this section; | 4301 |
| (10) Create and operate a division of community development | 4302 |
| to develop and administer programs and activities that are | 4303 |
| authorized by federal statute or the Revised Code; | 4304 |
| (11) Until October 15, | 4305 |
| in consultation with the director of agriculture, for purchasing | 4306 |
| loans from financial institutions and providing loan guarantees | 4307 |
| under the family farm loan program created under sections 901.80 | 4308 |
| to 901.83 of the Revised Code; | 4309 |
| (12) Provide loan servicing for the loans purchased and loan | 4310 |
| guarantees provided under section 901.80 of the Revised Code as | 4311 |
|
that section
existed prior to October 15, | 4312 |
| (13) Until October 15, | 4313 |
| controlling board under division (A)(3) of section 901.82 of the | 4314 |
| Revised Code of the release of money to be used for purchasing a | 4315 |
| loan or providing a loan guarantee, request the release of that | 4316 |
| money in accordance with division (B) of section 166.03 of the | 4317 |
| Revised Code for use for the purposes of the fund created by | 4318 |
| section 166.031 of the Revised Code. | 4319 |
| (B) The director of development may request the attorney | 4320 |
| general to, and the attorney general, in accordance with section | 4321 |
| 109.02 of the Revised Code, shall bring a civil action in any | 4322 |
| court of competent jurisdiction. The director may be sued in the | 4323 |
| director's official capacity, in connection with this chapter, in | 4324 |
| accordance with Chapter 2743. of the Revised Code. | 4325 |
| Sec. 122.075. (A) As used in this section: | 4326 |
| (1) "Alternative fuel" means blended biodiesel or blended | 4327 |
| gasoline. | 4328 |
| (2) "Biodiesel" means a mono-alkyl ester combustible liquid | 4329 |
| fuel that is derived from vegetable oils or animal fats, or any | 4330 |
| combination of those reagents, and that meets American society for | 4331 |
| testing and materials specification D6751-03a for biodiesel fuel | 4332 |
| (B100) blend stock distillate fuels. | 4333 |
| (3) "Diesel fuel" and "gasoline" have the same meanings as in | 4334 |
| section 5735.01 of the Revised Code. | 4335 |
| (4) "Ethanol" has the same meaning as in section 5733.46 of | 4336 |
| the Revised Code. | 4337 |
| (5) "Blended biodiesel" means diesel fuel containing at least | 4338 |
| twenty per cent biodiesel by volume. | 4339 |
| (6) "Blended gasoline" means gasoline containing at least | 4340 |
| eighty-five per cent ethanol by volume. | 4341 |
| (7) "Incremental cost" means either of the following: | 4342 |
| (a) The difference in cost between blended gasoline and | 4343 |
| gasoline containing ten per cent or less ethanol at the time that | 4344 |
| the blended gasoline is purchased; | 4345 |
| (b) The difference in cost between blended biodiesel and | 4346 |
| diesel fuel containing two per cent or less biodiesel at the time | 4347 |
| that the blended biodiesel is purchased. | 4348 |
| (B) For the purpose of improving the air quality in this | 4349 |
| state, the director of development shall establish an alternative | 4350 |
| fuel transportation grant program under which the director may | 4351 |
| make grants to businesses, nonprofit organizations, public school | 4352 |
| systems, or local governments for the purchase and installation of | 4353 |
| alternative fuel refueling facilities and for the purchase and use | 4354 |
| of alternative fuel. | 4355 |
| (C) The director shall adopt rules in accordance with Chapter | 4356 |
| 119. of the Revised Code that are necessary for the administration | 4357 |
| of the alternative fuel transportation grant program. The rules | 4358 |
| shall establish at least all of the following: | 4359 |
| (1) An application form and procedures governing the | 4360 |
| application process for a grant under the program; | 4361 |
| (2) A procedure for prioritizing the award of grants under | 4362 |
| the program; | 4363 |
| (3) A requirement that the maximum grant for the purchase and | 4364 |
| installation of an alternative fuel refueling facility be no more | 4365 |
| than fifty per cent of the cost of the facility; | 4366 |
| (4) A requirement that the maximum grant for the purchase of | 4367 |
| alternative fuel be no more than fifty per cent of the incremental | 4368 |
| cost of the fuel; | 4369 |
| (5) Any other criteria, procedures, or guidelines that the | 4370 |
| director determines are necessary to administer the program. | 4371 |
| (D) There is hereby created in the state treasury the | 4372 |
| alternative fuel transportation grant fund. The fund shall consist | 4373 |
| of money as may be specified by the general assembly from the | 4374 |
| energy efficiency revolving loan fund created by section 4928.61 | 4375 |
| of the Revised Code. Money in the fund shall be used to make | 4376 |
| grants under the alternative fuel transportation grant program and | 4377 |
| by the director in the administration of that program. | 4378 |
| Sec. 122.083. (A) The director of development shall | 4379 |
| administer a shovel ready sites program to provide grants for | 4380 |
| projects to port authorities and development entities approved by | 4381 |
| the director. Grants may be used to pay the costs of any or all of | 4382 |
| the following: | 4383 |
| (1) Acquisition of property, including options; | 4384 |
| (2) Preparation of sites, including brownfield clean-up | 4385 |
| activities; | 4386 |
| (3) Construction of road, water, telecommunication, and | 4387 |
| utility infrastructure; | 4388 |
| (4) Payment of professional fees the amount of which shall | 4389 |
| not exceed twenty per cent of the grant amount for a project. | 4390 |
| (B) The director shall adopt rules in accordance with Chapter | 4391 |
| 119. of the Revised Code that establish procedures and | 4392 |
| requirements necessary for the administration of the program, | 4393 |
| including a requirement that a recipient of a grant enter into an | 4394 |
| agreement with the director governing the use of the grant. | 4395 |
| (C) There is hereby created in the state treasury the shovel | 4396 |
| ready sites fund consisting of money appropriated to it. Money in | 4397 |
| the fund shall be used solely for the purposes of this section. | 4398 |
| Sec. 122.12. As used in this section and in section 122.121 | 4399 |
| of the Revised Code: | 4400 |
| (A) "Direct costs" means total administrative operations | 4401 |
| spending plus total visitor spending. | 4402 |
| (B) "Eligible event" means an event that meets all of the | 4403 |
| following criteria: | 4404 |
| (1) It is held for a period not to exceed seven consecutive | 4405 |
| days. | 4406 |
| (2) It is either an amateur sporting event not regularly held | 4407 |
| in this state or a professional sporting event not affiliated | 4408 |
| exclusively with a franchise of the national football league, | 4409 |
| major league baseball, the national basketball association, the | 4410 |
| national hockey league, or major league soccer. | 4411 |
| (3) It is administered or managed by a sports commission or | 4412 |
| convention and visitors bureau domiciled in this state. | 4413 |
| (C) "Sports commission" means a nonprofit corporation | 4414 |
| organized under the laws of this state that is entitled to tax | 4415 |
| exempt status under section 501(c)(3), 501(c)(4), or 501(c)(6) of | 4416 |
| the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. | 4417 |
| 501, as amended, and whose function is to attract, promote, or | 4418 |
| sponsor sports and athletic events within a municipal corporation, | 4419 |
| township, or county. | 4420 |
| (D) "Total administrative operations spending" means the | 4421 |
| total amount of administrative costs related to conducting an | 4422 |
| eligible event by a sports commission or convention and visitors | 4423 |
| bureau as estimated in a grant application submitted under section | 4424 |
| 122.121 of the Revised Code. | 4425 |
| (E) "Total visitor spending" means the number of attendees of | 4426 |
| an eligible event from outside this state as estimated in a grant | 4427 |
| application submitted under section 122.121 of the Revised Code | 4428 |
| multiplied by the number of days the eligible event is to take | 4429 |
| place and then multiplied by one hundred fifty dollars. | 4430 |
| Sec. 122.121. (A) The director of development shall approve | 4431 |
| grants in accordance with this section for the purpose of | 4432 |
| providing financial assistance to eligible events from money | 4433 |
| appropriated for that purpose. An applicant for a grant under this | 4434 |
| section shall submit an application to the director on a form and | 4435 |
| in a manner prescribed by the director. An application shall | 4436 |
| include estimates of total administrative operations spending and | 4437 |
| the total number of persons from outside this state that are | 4438 |
| expected to attend the eligible event. Not later than thirty days | 4439 |
| after receipt of an application, the director shall approve or | 4440 |
| disapprove the application in accordance with procedures | 4441 |
| established by the director. The director shall not approve an | 4442 |
| application until the applicant has submitted a formal letter of | 4443 |
| commitment from the organizer of the eligible event for which the | 4444 |
| application was submitted. If a grant application is approved, the | 4445 |
| grant money shall be paid directly to the sports commission or | 4446 |
| convention and visitors bureau that applied for the grant. | 4447 |
| (B) Grants approved by the director shall comply with all of | 4448 |
| the following requirements: | 4449 |
| (1) No one sports commission or convention and visitors | 4450 |
| bureau shall receive more than forty per cent of the total money | 4451 |
| awarded in grants in any given calendar year. | 4452 |
| (2) No one eligible event shall receive more than thirty per | 4453 |
| cent of the total money awarded in grants in any given calendar | 4454 |
| year. | 4455 |
| (3) A grant for an eligible event shall comprise not more | 4456 |
| than two per cent of the direct costs associated with conducting | 4457 |
| the eligible event or, if the eligible event is or is scheduled to | 4458 |
| be televised nationally, not more than two and one-half per cent | 4459 |
| of the direct costs associated with conducting the eligible event. | 4460 |
| (4) Money from a grant awarded under this section shall not | 4461 |
| be spent on costs other than costs associated with marketing, | 4462 |
| eligible event operations, facility costs, and any bid fee or | 4463 |
| financial guarantee that is required to secure the eligible event. | 4464 |
| (C) The director may request a sports commission or | 4465 |
| convention and visitors bureau to submit the results of the most | 4466 |
| recent audit of the sports commission or bureau, if available. | 4467 |
| (D) Not later than ninety days after an eligible event for | 4468 |
| which a grant has been issued under this section has been | 4469 |
| conducted, the sports commission or convention and visitors bureau | 4470 |
| that received the grant shall submit a report to the director in a | 4471 |
| form and manner prescribed by the director detailing attendance | 4472 |
| statistics, spending receipts, and any other information that is | 4473 |
| determined to be necessary by the director. | 4474 |
| Sec. 122.17. (A) As used in this section: | 4475 |
| (1) "Full-time employee" means an individual who is employed | 4476 |
| for consideration for at least thirty-five hours a week, or who | 4477 |
| renders any other standard of service generally accepted by custom | 4478 |
| or specified by contract as full-time employment. | 4479 |
| (2) "New employee" means one of the following: | 4480 |
| (a) A full-time employee first employed by a taxpayer in the | 4481 |
| project that is the subject of the agreement after the taxpayer | 4482 |
| enters into a tax credit agreement with the tax credit authority | 4483 |
| under this section; | 4484 |
| (b) A full-time employee first employed by a taxpayer in the | 4485 |
| project that is the subject of the tax credit after the tax credit | 4486 |
| authority approves a project for a tax credit under this section | 4487 |
| in a public meeting, as long as the taxpayer enters into the tax | 4488 |
| credit agreement prepared by the department of development after | 4489 |
| such meeting within sixty days after receiving the agreement from | 4490 |
| the department. If the taxpayer fails to enter into the agreement | 4491 |
| within sixty days, "new employee" has the same meaning as under | 4492 |
| division (A)(2)(a) of this section. | 4493 |
| Under division (A)(2)(a) or (b) of this section, if the tax | 4494 |
| credit authority determines it appropriate, "new employee" also | 4495 |
| may include an employee re-hired or called back from lay-off to | 4496 |
| work in a new facility or on a new product or service established | 4497 |
| or produced by the taxpayer after entering into the agreement | 4498 |
| under this section or after the tax credit authority approves the | 4499 |
| tax credit in a public meeting. Except as otherwise provided in | 4500 |
| this paragraph, "new employee" does not include any employee of | 4501 |
| the taxpayer who was previously employed in this state by a | 4502 |
| related member of the taxpayer and whose employment was shifted to | 4503 |
| the taxpayer after the taxpayer entered into the tax credit | 4504 |
| agreement or after the tax credit authority approved the credit in | 4505 |
| a public meeting, or any employee of the taxpayer for which the | 4506 |
| taxpayer has been granted a certificate under division (B) of | 4507 |
| section 5709.66 of the Revised Code. However, if the taxpayer is | 4508 |
| engaged in the enrichment and commercialization of uranium or | 4509 |
| uranium products or is engaged in research and development | 4510 |
| activities related thereto and if the tax credit authority | 4511 |
| determines it appropriate, "new employee" may include an employee | 4512 |
| of the taxpayer who was previously employed in this state by a | 4513 |
| related member of the taxpayer and whose employment was shifted to | 4514 |
| the taxpayer after the taxpayer entered into the tax credit | 4515 |
| agreement or after the tax credit authority approved the credit in | 4516 |
| a public meeting. "New employee" does not include an employee of | 4517 |
| the taxpayer who is employed in an employment position that was | 4518 |
| relocated to a project from other operations of the taxpayer in | 4519 |
| this state or from operations of a related member of the taxpayer | 4520 |
| in this state. In addition, "new employee" does not include a | 4521 |
| child, grandchild, parent, or spouse, other than a spouse who is | 4522 |
| legally separated from the individual, of any individual who is an | 4523 |
| employee of the taxpayer and who has a direct or indirect | 4524 |
| ownership interest of at least five per cent in the profits, | 4525 |
| capital, or value of the taxpayer. Such ownership interest shall | 4526 |
| be determined in accordance with section 1563 of the Internal | 4527 |
| Revenue Code and regulations prescribed thereunder. | 4528 |
| (3) "New income tax revenue" means the total amount withheld | 4529 |
| under section 5747.06 of the Revised Code by the taxpayer during | 4530 |
| the taxable year, or during the calendar year that includes the | 4531 |
| tax period, from the compensation of new employees for the tax | 4532 |
| levied under Chapter 5747. of the Revised Code. | 4533 |
| (4) "Related member" has the same meaning as under division | 4534 |
| (A)(6) of section 5733.042 of the Revised Code without regard to | 4535 |
| division (B) of that section. | 4536 |
| (B) The tax credit authority may make grants under this | 4537 |
| section to foster job creation in this state. Such a grant shall | 4538 |
| take the form of a refundable credit allowed against the tax | 4539 |
| imposed by section 5725.18, 5729.03, 5733.06, or 5747.02 or levied | 4540 |
| under Chapter 5751. of the Revised Code. The credit shall be | 4541 |
| claimed for the taxable years or tax periods specified in the | 4542 |
| taxpayer's agreement with the tax credit authority under division | 4543 |
|
(D) of this section. The credit shall be claimed | 4544 |
| 4545 | |
| in the order required under section 5733.98, 5747.98, or 5751.98 | 4546 |
| of the Revised Code. The amount of the credit available for a | 4547 |
| taxable year or for a calendar year that includes a tax period | 4548 |
| equals the new
income tax revenue for | 4549 |
| multiplied by the percentage specified in the agreement with the | 4550 |
| tax credit authority. Any credit granted under this section | 4551 |
| against the tax imposed by section 5733.06 or 5747.02 of the | 4552 |
| Revised Code, to the extent not fully utilized against such tax | 4553 |
| for taxable years ending prior to 2008, shall automatically be | 4554 |
| converted without any action taken by the tax credit authority to | 4555 |
| a credit against the tax levied under Chapter 5751. of the Revised | 4556 |
| Code for tax periods beginning on or after July 1, 2008, provided | 4557 |
| that the person to whom the credit was granted is subject to such | 4558 |
| tax. The converted credit shall apply to those calendar years in | 4559 |
| which the remaining taxable years specified in the agreement end. | 4560 |
| (C) A taxpayer or potential taxpayer who proposes a project | 4561 |
| to create new jobs in this state may apply to the tax credit | 4562 |
| authority to enter into an agreement for a tax credit under this | 4563 |
| section. The director of development shall prescribe the form of | 4564 |
| the application. After receipt of an application, the authority | 4565 |
| may enter into an agreement with the taxpayer for a credit under | 4566 |
| this section if it determines all of the following: | 4567 |
| (1) The taxpayer's project will create new jobs in this | 4568 |
| state; | 4569 |
| (2) The taxpayer's project is economically sound and will | 4570 |
| benefit the people of this state by increasing opportunities for | 4571 |
| employment and strengthening the economy of this state; | 4572 |
| (3) Receiving the tax credit is a major factor in the | 4573 |
| taxpayer's decision to go forward with the project. | 4574 |
| (D) An agreement under this section shall include all of the | 4575 |
| following: | 4576 |
| (1) A detailed description of the project that is the subject | 4577 |
| of the agreement; | 4578 |
| (2) The term of the tax credit, which shall not exceed | 4579 |
| fifteen years, and the first taxable year, or first calendar year | 4580 |
| that includes a tax period, for which the credit may be claimed; | 4581 |
| (3) A requirement that the taxpayer shall maintain operations | 4582 |
| at the project location for at least twice the number of years as | 4583 |
| the term of the tax credit; | 4584 |
| (4) The percentage, as determined by the tax credit | 4585 |
| authority, of new income tax revenue that will be allowed as the | 4586 |
| amount of the credit for each taxable year or for each calendar | 4587 |
| year that includes a tax period; | 4588 |
| (5) A specific method for determining how many new employees | 4589 |
| are employed during a taxable year or during a calendar year that | 4590 |
| includes a tax period; | 4591 |
| (6) A requirement that the taxpayer annually shall report to | 4592 |
| the director of development the number of new employees, the new | 4593 |
| income tax revenue withheld in connection with the new employees, | 4594 |
| and any other information the director needs to perform the | 4595 |
| director's duties under this section; | 4596 |
| (7) A requirement that the director of development annually | 4597 |
| shall verify the amounts reported under division (D)(6) of this | 4598 |
| section, and after doing so shall issue a certificate to the | 4599 |
| taxpayer stating that the amounts have been verified; | 4600 |
| (8)(a) A provision requiring that the taxpayer, except as | 4601 |
| otherwise provided in division (D)(8)(b) of this section, shall | 4602 |
| not relocate employment positions from elsewhere in this state to | 4603 |
| the project site that is the subject of the agreement for the | 4604 |
| lesser of five years from the date the agreement is entered into | 4605 |
| or the number of years the taxpayer is entitled to claim the tax | 4606 |
| credit. | 4607 |
| (b) The taxpayer may relocate employment positions from | 4608 |
| elsewhere in this state to the project site that is the subject of | 4609 |
| the agreement if the director of development determines both of | 4610 |
| the following: | 4611 |
| (i) That the site from which the employment positions would | 4612 |
| be relocated is inadequate to meet market and industry conditions, | 4613 |
| expansion plans, consolidation plans, or other business | 4614 |
| considerations affecting the taxpayer; | 4615 |
| (ii) That the legislative authority of the county, township, | 4616 |
| or municipal corporation from which the employment positions would | 4617 |
| be relocated has been notified of the relocation. | 4618 |
| For purposes of this section, the movement of an employment | 4619 |
| position from one political subdivision to another political | 4620 |
| subdivision shall be considered a relocation of an employment | 4621 |
| position, but the transfer of an individual employee from one | 4622 |
| political subdivision to another political subdivision shall not | 4623 |
| be considered a relocation of an employment position as long as | 4624 |
| the individual's employment position in the first political | 4625 |
| subdivision is refilled. | 4626 |
| (E) If a taxpayer fails to meet or comply with any condition | 4627 |
| or requirement set forth in a tax credit agreement, the tax credit | 4628 |
| authority may amend the agreement to reduce the percentage or term | 4629 |
| of the tax credit. The reduction of the percentage or term shall | 4630 |
| take effect in the taxable year immediately following the taxable | 4631 |
| year in which the authority amends the agreement or in the first | 4632 |
| tax period beginning in the calendar year immediately following | 4633 |
| the calendar year in which the authority amends the agreement. If | 4634 |
| the taxpayer relocates employment positions in violation of the | 4635 |
| provision required under division (D)(8)(a) of this section, the | 4636 |
| taxpayer shall not claim the tax credit under section 5733.0610 of | 4637 |
| the Revised Code for any tax years following the calendar year in | 4638 |
| which the relocation occurs, or shall not claim the tax credit | 4639 |
| under section 5725.32, 5729.032, or 5747.058 of the Revised Code | 4640 |
| for the taxable year in which the relocation occurs and any | 4641 |
| subsequent taxable years, and shall not claim the tax credit under | 4642 |
| division (A) of section 5751.50 of the Revised Code for any tax | 4643 |
| period in the calendar year in which the relocation occurs and any | 4644 |
| subsequent tax periods. | 4645 |
| (F) Projects that consist solely of point-of-final-purchase | 4646 |
| retail facilities are not eligible for a tax credit under this | 4647 |
| section. If a project consists of both point-of-final-purchase | 4648 |
| retail facilities and nonretail facilities, only the portion of | 4649 |
| the project consisting of the nonretail facilities is eligible for | 4650 |
| a tax credit and only the new income tax revenue from new | 4651 |
| employees of the nonretail facilities shall be considered when | 4652 |
| computing the amount of the tax credit. If a warehouse facility is | 4653 |
| part of a point-of-final-purchase retail facility and supplies | 4654 |
| only that facility, the warehouse facility is not eligible for a | 4655 |
| tax credit. Catalog distribution centers are not considered | 4656 |
| point-of-final-purchase retail facilities for the purposes of this | 4657 |
| division, and are eligible for tax credits under this section. | 4658 |
| (G) Financial statements and other information submitted to | 4659 |
| the department of development or the tax credit authority by an | 4660 |
| applicant or recipient of a tax credit under this section, and any | 4661 |
| information taken for any purpose from such statements or | 4662 |
| information, are not public records subject to section 149.43 of | 4663 |
| the Revised Code. However, the chairperson of the authority may | 4664 |
| make use of the statements and other information for purposes of | 4665 |
| issuing public reports or in connection with court proceedings | 4666 |
| concerning tax credit agreements under this section. Upon the | 4667 |
| request of the tax commissioner or, if the applicant or recipient | 4668 |
| is an insurance company, upon the request of the superintendent of | 4669 |
| insurance, the chairperson of the authority shall provide to the | 4670 |
| commissioner or superintendent any statement or information | 4671 |
| submitted by an applicant or recipient of a tax credit in | 4672 |
| connection with the credit. The commissioner or superintendent | 4673 |
| shall preserve the confidentiality of the statement or | 4674 |
| information. | 4675 |
| (H) A taxpayer claiming a credit under this section shall | 4676 |
| submit to the tax commissioner or, if the taxpayer is an insurance | 4677 |
| company, to the superintendent of insurance, a copy of the | 4678 |
| director of development's certificate of verification under | 4679 |
| division (D)(7) of this section for the taxable year or for the | 4680 |
| calendar year that includes the tax period. However, failure to | 4681 |
| submit a copy of the certificate does not invalidate a claim for a | 4682 |
| credit. | 4683 |
| (I) The director of development, after consultation with the | 4684 |
| tax commissioner and the superintendent of insurance and in | 4685 |
| accordance with Chapter 119. of the Revised Code, shall adopt | 4686 |
| rules necessary to implement this section. The rules may provide | 4687 |
| for recipients of tax credits under this section to be charged | 4688 |
| fees to cover administrative costs of the tax credit program. At | 4689 |
| the time the director gives public notice under division (A) of | 4690 |
| section 119.03 of the Revised Code of the adoption of the rules, | 4691 |
| the director shall submit copies of the proposed rules to the | 4692 |
| chairpersons of the standing committees on economic development in | 4693 |
| the senate and the house of representatives. | 4694 |
| (J) For the purposes of this section, a taxpayer may include | 4695 |
| a partnership, a corporation that has made an election under | 4696 |
| subchapter S of chapter one of subtitle A of the Internal Revenue | 4697 |
| Code, or any other business entity through which income flows as a | 4698 |
| distributive share to its owners. A credit received under this | 4699 |
| section by a partnership, S-corporation, or other such business | 4700 |
| entity shall be apportioned among the persons to whom the income | 4701 |
| or profit of the partnership, S-corporation, or other entity is | 4702 |
| distributed, in the same proportions as those in which the income | 4703 |
| or profit is distributed. | 4704 |
| (K) If the director of development determines that a taxpayer | 4705 |
| who has received a credit under this section is not complying with | 4706 |
| the requirement under division (D)(3) of this section, the | 4707 |
| director shall notify the tax credit authority of the | 4708 |
| noncompliance. After receiving such a notice, and after giving the | 4709 |
| taxpayer an opportunity to explain the noncompliance, the tax | 4710 |
| credit authority may require the taxpayer to refund to this state | 4711 |
| a portion of the credit in accordance with the following: | 4712 |
| (1) If the taxpayer maintained operations at the project | 4713 |
| location for at least one and one-half times the number of years | 4714 |
| of the term of the tax credit, an amount not exceeding twenty-five | 4715 |
| per cent of the sum of any previously allowed credits under this | 4716 |
| section; | 4717 |
| (2) If the taxpayer maintained operations at the project | 4718 |
| location for at least the number of years of the term of the tax | 4719 |
| credit, an amount not exceeding fifty per cent of the sum of any | 4720 |
| previously allowed credits under this section; | 4721 |
| (3) If the taxpayer maintained operations at the project | 4722 |
| location for less than the number of years of the term of the tax | 4723 |
| credit, an amount not exceeding one hundred per cent of the sum of | 4724 |
| any previously allowed credits under this section. | 4725 |
| In determining the portion of the tax credit to be refunded | 4726 |
| to this state, the tax credit authority shall consider the effect | 4727 |
| of market conditions on the taxpayer's project and whether the | 4728 |
| taxpayer continues to maintain other operations in this state. | 4729 |
| After making the determination, the authority shall certify the | 4730 |
| amount to be refunded to the tax commissioner or superintendent of | 4731 |
| insurance, as appropriate. | 4732 |
| commissioner, the commissioner shall make an assessment for that | 4733 |
| amount against the taxpayer
under Chapter 5733. | 4734 |
| 5751. of the Revised Code. If the amount is certified to the | 4735 |
| superintendent, the superintendent shall make an assessment for | 4736 |
| that amount against the taxpayer under Chapter 5725. or 5729. of | 4737 |
| the Revised Code. The time limitations on assessments under | 4738 |
| 4739 | |
| apply to an assessment under this division, but the commissioner | 4740 |
| or superintendent, as appropriate, shall make the assessment | 4741 |
| within one year after the date the authority certifies to the | 4742 |
| commissioner or superintendent the amount to be refunded. | 4743 |
| (L) On or before the thirty-first day of March each year, the | 4744 |
| director of development shall submit a report to the governor, the | 4745 |
| president of the senate, and the speaker of the house of | 4746 |
| representatives on the tax credit program under this section. The | 4747 |
| report shall include information on the number of agreements that | 4748 |
| were entered into under this section during the preceding calendar | 4749 |
| year, a description of the project that is the subject of each | 4750 |
| such agreement, and an update on the status of projects under | 4751 |
| agreements entered into before the preceding calendar year. | 4752 |
| | 4753 |
| 4754 | |
| 4755 | |
| 4756 | |
| 4757 | |
| 4758 | |
| 4759 | |
| 4760 | |
| 4761 | |
| 4762 |
| (M) There is hereby created the tax credit authority, which | 4763 |
| consists of the director of development and four other members | 4764 |
| appointed as follows: the governor, the president of the senate, | 4765 |
| and the speaker of the house of representatives each shall appoint | 4766 |
| one member who shall be a specialist in economic development; the | 4767 |
| governor also shall appoint a member who is a specialist in | 4768 |
| taxation. Of the initial appointees, the members appointed by the | 4769 |
| governor shall serve a term of two years; the members appointed by | 4770 |
| the president of the senate and the speaker of the house of | 4771 |
| representatives shall serve a term of four years. Thereafter, | 4772 |
| terms of office shall be for four years. Initial appointments to | 4773 |
| the authority shall be made within thirty days after January 13, | 4774 |
| 1993. Each member shall serve on the authority until the end of | 4775 |
| the term for which the member was appointed. Vacancies shall be | 4776 |
| filled in the same manner provided for original appointments. Any | 4777 |
| member appointed to fill a vacancy occurring prior to the | 4778 |
| expiration of the term for which the member's predecessor was | 4779 |
| appointed shall hold office for the remainder of that term. | 4780 |
| Members may be reappointed to the authority. Members of the | 4781 |
| authority shall receive their necessary and actual expenses while | 4782 |
| engaged in the business of the authority. The director of | 4783 |
| development shall serve as chairperson of the authority, and the | 4784 |
| members annually shall elect a vice-chairperson from among | 4785 |
| themselves. Three members of the authority constitute a quorum to | 4786 |
| transact and vote on the business of the authority. The majority | 4787 |
| vote of the membership of the authority is necessary to approve | 4788 |
| any such business, including the election of the vice-chairperson. | 4789 |
| The director of development may appoint a professional | 4790 |
| employee of the department of development to serve as the | 4791 |
| director's substitute at a meeting of the authority. The director | 4792 |
| shall make the appointment in writing. In the absence of the | 4793 |
| director from a meeting of the authority, the appointed substitute | 4794 |
| shall serve as chairperson. In the absence of both the director | 4795 |
| and the director's substitute from a meeting, the vice-chairperson | 4796 |
| shall serve as chairperson. | 4797 |
| (N) For purposes of the credits granted by this section | 4798 |
| against the taxes imposed under sections 5725.18 and 5729.03 of | 4799 |
| the Revised Code, "taxable year" means the period covered by the | 4800 |
| taxpayer's annual report. | 4801 |
| Sec. 122.171. (A) As used in this section: | 4802 |
| (1) "Capital investment project" means a plan of investment | 4803 |
| at a project site for the acquisition, construction, renovation, | 4804 |
| or repair of buildings, machinery, or equipment, or for | 4805 |
| capitalized costs of basic research and new product development | 4806 |
| determined in accordance with generally accepted accounting | 4807 |
| principles, but does not include any of the following: | 4808 |
| (a) Payments made for the acquisition of personal property | 4809 |
| through operating leases; | 4810 |
| (b) Project costs paid before January 1, 2002 | 4811 |
| 4812 |
| (c) Payments made to a related member as defined in section | 4813 |
| 5733.042 of the Revised Code or to an elected consolidated | 4814 |
| taxpayer or a combined taxpayer as defined in section 5751.01 of | 4815 |
| the Revised Code. | 4816 |
| (2) "Eligible business" means a business with Ohio operations | 4817 |
| satisfying all of the following: | 4818 |
| (a) Employed an average of at least one thousand employees in | 4819 |
| full-time employment positions at a project site during each of | 4820 |
| the twelve months preceding the application for a tax credit under | 4821 |
| this section; and | 4822 |
| (b) On or after January 1, 2002, has made payments for the | 4823 |
| capital investment project of either of the following: | 4824 |
| (i) At least two hundred million dollars in the aggregate at | 4825 |
| the project site during a period of three consecutive calendar | 4826 |
| years including the calendar year that includes a day of the | 4827 |
| taxpayer's taxable year or tax period with respect to which the | 4828 |
| credit is granted; | 4829 |
| (ii) If the average wage of all full-time employment | 4830 |
| positions at the project site is greater than four hundred per | 4831 |
| cent of the federal minimum wage, at least one hundred million | 4832 |
| dollars in the aggregate at the project site during a period of | 4833 |
| three consecutive calendar years including the calendar year that | 4834 |
| includes a day of the taxpayer's taxable year or tax period with | 4835 |
| respect to which the credit is granted. | 4836 |
| (c) Is engaged at the project site primarily as a | 4837 |
| manufacturer or is providing significant corporate administrative | 4838 |
| functions; | 4839 |
| (d) Has had a capital investment project reviewed and | 4840 |
| approved by the tax credit authority as provided in divisions (C), | 4841 |
| (D), and (E) of this section. | 4842 |
| (3) "Full-time employment position" means a position of | 4843 |
| employment for consideration for at least thirty-five hours a week | 4844 |
| that has been filled for at least one hundred eighty days | 4845 |
| immediately preceding the filing of an application under this | 4846 |
| section and for at least one hundred eighty days during each | 4847 |
| taxable year or each calendar year that includes a tax period with | 4848 |
| respect to which the credit is granted. | 4849 |
| (4) "Manufacturer" has the same meaning as in section | 4850 |
| 5739.011 of the Revised Code. | 4851 |
| (5) "Project site" means an integrated complex of facilities | 4852 |
| in this state, as specified by the tax credit authority under this | 4853 |
| section, within a fifteen-mile radius where a taxpayer is | 4854 |
| primarily operating as an eligible business. | 4855 |
| (6) "Applicable corporation" means a corporation satisfying | 4856 |
| all of the following: | 4857 |
| (a)(i) For the entire taxable year immediately preceding the | 4858 |
| tax year, the corporation develops software applications primarily | 4859 |
| to provide telecommunication billing and information services | 4860 |
| through outsourcing or licensing to domestic or international | 4861 |
| customers. | 4862 |
| (ii) Sales and licensing of software generated at least six | 4863 |
| hundred million dollars in revenue during the taxable year | 4864 |
| immediately preceding the tax year the corporation is first | 4865 |
| entitled to claim the credit provided under division (B) of this | 4866 |
| section. | 4867 |
| (b) For the entire taxable year immediately preceding the tax | 4868 |
| year, the corporation or one or more of its related members | 4869 |
| provides customer or employee care and technical support for | 4870 |
| clients through one or more contact centers within this state, and | 4871 |
| the corporation and its related members together have a daily | 4872 |
| average, based on a | 4873 |
| three-hundred-sixty-five-day year, of at least five hundred | 4874 |
| thousand successful customer contacts through one or more of their | 4875 |
| contact centers, wherever located. | 4876 |
| (c) The corporation is eligible for the credit under division | 4877 |
| (B) of this section for the tax year. | 4878 |
| (7) "Related member" has the same meaning as in section | 4879 |
| 5733.042 of the Revised Code as that section existed on the | 4880 |
| effective date of its amendment by Am. Sub. H.B. 215 of the 122nd | 4881 |
| general assembly, September 29, 1997. | 4882 |
| (8) "Successful customer contact" means a contact with an end | 4883 |
| user via telephone, including interactive voice recognition or | 4884 |
| similar means, where the contact culminates in a conversation or | 4885 |
| connection other than a busy signal or equipment busy. | 4886 |
| (9) "Telecommunications" means all forms of | 4887 |
| telecommunications service as defined in section 5739.01 of the | 4888 |
| Revised Code, and includes services in wireless, wireline, cable, | 4889 |
| broadband, internet protocol, and satellite. | 4890 |
| (10)(a) "Applicable difference" means the difference between | 4891 |
| the tax for the tax year under Chapter 5733. of the Revised Code | 4892 |
| applying the law in effect for that tax year, and the tax for that | 4893 |
| tax year if section 5733.042 of the Revised Code applied as that | 4894 |
| section existed on the effective date of its amendment by Am. Sub. | 4895 |
| H.B. 215 of the 122nd general assembly, September 29, 1997, | 4896 |
| subject to division (A)(10)(b) of this section. | 4897 |
| (b) If the tax rate set forth in division (B) of section | 4898 |
| 5733.06 of the Revised Code for the tax year is less than eight | 4899 |
| and one-half per cent, the tax calculated under division | 4900 |
| (A)(10)(a) of this section shall be computed by substituting a tax | 4901 |
| rate of eight and one-half per cent for the rate set forth in | 4902 |
| division (B) of section 5733.06 of the Revised Code for the tax | 4903 |
| year. | 4904 |
| (c) If the resulting difference is negative, the applicable | 4905 |
| tax difference for the tax year shall be zero. | 4906 |
| (B) The tax credit authority created under section 122.17 of | 4907 |
| the Revised Code may grant tax credits under this section for the | 4908 |
| purpose of fostering job retention in this state. Upon application | 4909 |
| by an eligible business and upon consideration of the | 4910 |
| recommendation of the director of budget and management, tax | 4911 |
| commissioner, and director of development under division (C) of | 4912 |
| this section, the tax credit authority may grant to an eligible | 4913 |
| business a nonrefundable credit against the tax imposed by section | 4914 |
| 5733.06 or 5747.02 or levied under Chapter 5751. of the Revised | 4915 |
| Code for a period up to fifteen taxable years and against the tax | 4916 |
| levied by Chapter 5751. of the Revised Code for a period of up to | 4917 |
| fifteen calendar years. The credit shall be in an amount not | 4918 |
| exceeding seventy-five per cent of the Ohio income tax withheld | 4919 |
| from the employees of the eligible business occupying full-time | 4920 |
| employment positions at the project site during the calendar year | 4921 |
| that includes the last day of such business' taxable year or tax | 4922 |
| period with respect to which the credit is granted. The amount of | 4923 |
| the credit shall not be based on the Ohio income tax withheld from | 4924 |
| full-time employees for a calendar year prior to the calendar year | 4925 |
| in which the minimum investment requirement referred to in | 4926 |
| division (A)(2)(b) of this section is completed. The credit shall | 4927 |
| be claimed only for the taxable years or tax periods specified in | 4928 |
| the eligible business' agreement with the tax credit authority | 4929 |
| under division (E) of this section, but in no event shall the | 4930 |
| credit be claimed for a taxable year or tax period terminating | 4931 |
| before the date specified in the agreement. Any credit granted | 4932 |
| under this section against the tax imposed by section 5733.06 or | 4933 |
| 5747.02 of the Revised Code, to the extent not fully utilized | 4934 |
| against such tax for taxable years ending prior to 2008, shall | 4935 |
| automatically be converted without any action taken by the tax | 4936 |
| credit authority to a credit against the tax levied under Chapter | 4937 |
| 5751. of the Revised Code for tax periods beginning on or after | 4938 |
| July 1, 2008, provided that the person to whom the credit was | 4939 |
| granted is subject to such tax. The converted credit shall apply | 4940 |
| to those calendar years in which the remaining taxable years | 4941 |
| specified in the agreement end. | 4942 |
| The credit computed under this division is in addition to any | 4943 |
| credit allowed under division (M) of this section which the tax | 4944 |
| credit authority may also include in the agreement. | 4945 |
| Any unused portion of a tax credit may be carried forward for | 4946 |
| not more than three additional years after the year for which the | 4947 |
| credit is granted. | 4948 |
| (C) A taxpayer that proposes a capital investment project to | 4949 |
| retain jobs in this state may apply to the tax credit authority to | 4950 |
| enter into an agreement for a tax credit under this section. The | 4951 |
| director of development shall prescribe the form of the | 4952 |
| application. After receipt of an application, the authority shall | 4953 |
| forward copies of the application to the director of budget and | 4954 |
| management, the tax commissioner, and the director of development, | 4955 |
| each of whom shall review the application to determine the | 4956 |
| economic impact the proposed project would have on the state and | 4957 |
| the affected political subdivisions and shall submit a summary of | 4958 |
|
their determinations and recommendations to the
authority. | 4959 |
| 4960 | |
| 4961 |
| (D) Upon review of the determinations and recommendations | 4962 |
| described in division (C) of this section, the tax credit | 4963 |
| authority may enter into an agreement with the taxpayer for a | 4964 |
| credit under this section if the authority determines all of the | 4965 |
| following: | 4966 |
| (1) The taxpayer's capital investment project will result in | 4967 |
| the retention of full-time employment positions in this state. | 4968 |
| (2) The taxpayer is economically sound and has the ability to | 4969 |
| complete the proposed capital investment project. | 4970 |
| (3) The taxpayer intends to and has the ability to maintain | 4971 |
| operations at the project site for at least twice the term of the | 4972 |
| credit. | 4973 |
| (4) Receiving the credit is a major factor in the taxpayer's | 4974 |
| decision to begin, continue with, or complete the project. | 4975 |
| (5) The political subdivisions in which the project is | 4976 |
| located have agreed to provide substantial financial support to | 4977 |
| the project. | 4978 |
| (E) An agreement under this section shall include all of the | 4979 |
| following: | 4980 |
| (1) A detailed description of the project that is the subject | 4981 |
| of the agreement, including the amount of the investment, the | 4982 |
| period over which the investment has been or is being made, and | 4983 |
| the number of full-time employment positions at the project site. | 4984 |
| (2) The method of calculating the number of full-time | 4985 |
| employment positions as specified in division (A)(3) of this | 4986 |
| section. | 4987 |
| (3) The term and percentage of the tax credit, and the first | 4988 |
| year for which the credit may be claimed. | 4989 |
| (4) A requirement that the taxpayer maintain operations at | 4990 |
| the project site for at least twice the number of years as the | 4991 |
| term of the credit. | 4992 |
| (5) A requirement that the taxpayer retain a specified number | 4993 |
| of full-time employment positions at the project site and within | 4994 |
| this state for the term of the credit, including a requirement | 4995 |
| that the taxpayer continue to employ at least one thousand | 4996 |
| employees in full-time employment positions at the project site | 4997 |
| during the entire term of any agreement, subject to division | 4998 |
| (E)(7) of this section. | 4999 |
| (6) A requirement that the taxpayer annually report to the | 5000 |
| director of development the number of full-time employment | 5001 |
| positions subject to the credit, the amount of tax withheld from | 5002 |
| employees in those positions, the amount of the payments made for | 5003 |
| the capital investment project, and any other information the | 5004 |
| director needs to perform the director's duties under this | 5005 |
| section. | 5006 |
| (7) A requirement that the director of development annually | 5007 |
| review the annual reports of the taxpayer to verify the | 5008 |
| information reported under division (E)(6) of this section and | 5009 |
| compliance with the agreement. Upon verification, the director | 5010 |
| shall issue a certificate to the taxpayer stating that the | 5011 |
| information has been verified and identifying the amount of the | 5012 |
| credit for the taxable year. Unless otherwise specified by the tax | 5013 |
| credit authority in a resolution and included as part of the | 5014 |
| agreement, the director shall not issue a certificate for any year | 5015 |
| in which the total number of filled full-time employment positions | 5016 |
| for each day of the calendar year divided by three hundred | 5017 |
| sixty-five is less than ninety per cent of the full-time | 5018 |
| employment positions specified in division (E)(5) of this section. | 5019 |
| In determining the number of full-time employment positions, no | 5020 |
| position shall be counted that is filled by an employee who is | 5021 |
| included in the calculation of a tax credit under section 122.17 | 5022 |
| of the Revised Code. | 5023 |
| (8)(a) A provision requiring that the taxpayer, except as | 5024 |
| otherwise provided in division (E)(8)(b) of this section, shall | 5025 |
| not relocate employment positions from elsewhere in this state to | 5026 |
| the project site that is the subject of the agreement for the | 5027 |
| lesser of five years from the date the agreement is entered into | 5028 |
| or the number of years the taxpayer is entitled to claim the | 5029 |
| credit. | 5030 |
| (b) The taxpayer may relocate employment positions from | 5031 |
| elsewhere in this state to the project site that is the subject of | 5032 |
| the agreement if the director of development determines both of | 5033 |
| the following: | 5034 |
| (i) That the site from which the employment positions would | 5035 |
| be relocated is inadequate to meet market and industry conditions, | 5036 |
| expansion plans, consolidation plans, or other business | 5037 |
| considerations affecting the taxpayer; | 5038 |
| (ii) That the legislative authority of the county, township, | 5039 |
| or municipal corporation from which the employment positions would | 5040 |
| be relocated has been notified of the relocation. | 5041 |
| For purposes of this section, the movement of an employment | 5042 |
| position from one political subdivision to another political | 5043 |
| subdivision shall be considered a relocation of an employment | 5044 |
| position unless the movement is confined to the project site. The | 5045 |
| transfer of an individual employee from one political subdivision | 5046 |
| to another political subdivision shall not be considered a | 5047 |
| relocation of an employment position as long as the individual's | 5048 |
| employment position in the first political subdivision is | 5049 |
| refilled. | 5050 |
| (9) A waiver by the taxpayer of any limitations periods | 5051 |
| relating to assessments or adjustments resulting from the | 5052 |
| taxpayer's failure to comply with the agreement. | 5053 |
| (F) If a taxpayer fails to meet or comply with any condition | 5054 |
| or requirement set forth in a tax credit agreement, the tax credit | 5055 |
| authority may amend the agreement to reduce the percentage or term | 5056 |
| of the credit. The reduction of the percentage or term shall take | 5057 |
| effect in the taxable year immediately following the taxable year | 5058 |
| in which the authority amends the agreement or in the first tax | 5059 |
| period beginning in the calendar year immediately following the | 5060 |
| calendar year in which the authority amends the agreement. If the | 5061 |
| taxpayer relocates employment positions in violation of the | 5062 |
| provision required under division (D)(8)(a) of this section, the | 5063 |
| taxpayer shall not claim the tax credit under section 5733.0610 of | 5064 |
| the Revised Code for any tax years following the calendar year in | 5065 |
|
which the relocation occurs, | 5066 |
| under section 5747.058 of the Revised Code for the taxable year in | 5067 |
| which the relocation occurs and any subsequent taxable years, and | 5068 |
| shall not claim the tax credit under division (A) of section | 5069 |
| 5751.50 of the Revised Code for the tax period in which the | 5070 |
| relocation occurs and any subsequent tax periods. | 5071 |
| (G) Financial statements and other information submitted to | 5072 |
| the department of development or the tax credit authority by an | 5073 |
| applicant for or recipient of a tax credit under this section, and | 5074 |
| any information taken for any purpose from such statements or | 5075 |
| information, are not public records subject to section 149.43 of | 5076 |
| the Revised Code. However, the chairperson of the authority may | 5077 |
| make use of the statements and other information for purposes of | 5078 |
| issuing public reports or in connection with court proceedings | 5079 |
| concerning tax credit agreements under this section. Upon the | 5080 |
| request of the tax commissioner, the chairperson of the authority | 5081 |
| shall provide to the commissioner any statement or other | 5082 |
| information submitted by an applicant for or recipient of a tax | 5083 |
| credit in connection with the credit. The commissioner shall | 5084 |
| preserve the confidentiality of the statement or other | 5085 |
| information. | 5086 |
| (H) A taxpayer claiming a tax credit under this section shall | 5087 |
| submit to the tax commissioner a copy of the director of | 5088 |
| development's certificate of verification under division (E)(7) of | 5089 |
| this section for the taxable year or for the calendar year that | 5090 |
| includes the tax period. However, failure to submit a copy of the | 5091 |
| certificate does not invalidate a claim for a credit. | 5092 |
| (I) For the purposes of this section, a taxpayer may include | 5093 |
| a partnership, a corporation that has made an election under | 5094 |
| subchapter S of chapter one of subtitle A of the Internal Revenue | 5095 |
| Code, or any other business entity through which income flows as a | 5096 |
| distributive share to its owners. A tax credit received under this | 5097 |
| section by a partnership, S-corporation, or other such business | 5098 |
| entity shall be apportioned among the persons to whom the income | 5099 |
| or profit of the partnership, S-corporation, or other entity is | 5100 |
| distributed, in the same proportions as those in which the income | 5101 |
| or profit is distributed. | 5102 |
| (J) If the director of development determines that a taxpayer | 5103 |
| that received a tax credit under this section is not complying | 5104 |
| with the requirement under division (E)(4) of this section, the | 5105 |
| director shall notify the tax credit authority of the | 5106 |
| noncompliance. After receiving such a notice, and after giving the | 5107 |
| taxpayer an opportunity to explain the noncompliance, the | 5108 |
| authority may terminate the agreement and require the taxpayer to | 5109 |
| refund to the state all or a portion of the credit claimed in | 5110 |
| previous years, as follows: | 5111 |
| (1) If the taxpayer maintained operations at the project site | 5112 |
| for less than the term of the credit, the amount required to be | 5113 |
| refunded shall not exceed the amount of any tax credits previously | 5114 |
| allowed and received under this section. | 5115 |
| (2) If the taxpayer maintained operations at the project site | 5116 |
| longer than the term of the credit but less than one and one-half | 5117 |
| times the term of the credit, the amount required to be refunded | 5118 |
| shall not exceed fifty per cent of the sum of any tax credits | 5119 |
| previously allowed and received under this section. | 5120 |
| (3) If the taxpayer maintained operations at the project site | 5121 |
| for at least one and one-half times the term of the credit but | 5122 |
| less than twice the term of the credit, the amount required to be | 5123 |
| refunded shall not exceed twenty-five per cent of the sum of any | 5124 |
| tax credits previously allowed and received under this section. | 5125 |
| In determining the portion of the credit to be refunded to | 5126 |
| this state, the authority shall consider the effect of market | 5127 |
| conditions on the taxpayer's project and whether the taxpayer | 5128 |
| continues to maintain other operations in this state. After making | 5129 |
| the determination, the authority shall certify the amount to be | 5130 |
| refunded to the tax commissioner. The commissioner shall make an | 5131 |
| assessment for that amount against the taxpayer under Chapter | 5132 |
| 5733. | 5133 |
| limitations
on assessments under | 5134 |
| 5135 | |
| this division, but the commissioner shall make the assessment | 5136 |
| within one year after the date the authority certifies to the | 5137 |
| commissioner the amount to be refunded. | 5138 |
| If the director of development determines that a taxpayer | 5139 |
| that received a tax credit under this section has reduced the | 5140 |
| number of employees agreed to under division (E)(5) of this | 5141 |
| section by more than ten per cent, the director shall notify the | 5142 |
| tax credit authority of the noncompliance. After receiving such | 5143 |
| notice, and after providing the taxpayer an opportunity to explain | 5144 |
| the noncompliance, the authority may amend the agreement to reduce | 5145 |
| the percentage or term of the tax credit. The reduction in the | 5146 |
| percentage or term shall take effect in the taxable year, or in | 5147 |
| the calendar year that includes the tax period, in which the | 5148 |
| authority amends the agreement. | 5149 |
| (K) The director of development, after consultation with the | 5150 |
| tax commissioner and in accordance with Chapter 119. of the | 5151 |
| Revised Code, shall adopt rules necessary to implement this | 5152 |
| section. The rules may provide for recipients of tax credits under | 5153 |
| this section to be charged fees to cover administrative costs of | 5154 |
| the tax credit program. At the time the director gives public | 5155 |
| notice under division (A) of section 119.03 of the Revised Code of | 5156 |
| the adoption of the rules, the director shall submit copies of the | 5157 |
| proposed rules to the chairpersons of the standing committees on | 5158 |
| economic development in the senate and the house of | 5159 |
| representatives. | 5160 |
| (L) On or before the thirty-first day of March of each year, | 5161 |
| the director of development shall submit a report to the governor, | 5162 |
| the president of the senate, and the speaker of the house of | 5163 |
| representatives on the tax credit program under this section. The | 5164 |
| report shall include information on the number of agreements that | 5165 |
| were entered into under this section during the preceding calendar | 5166 |
| year, a description of the project that is the subject of each | 5167 |
| such agreement, and an update on the status of projects under | 5168 |
| agreements entered into before the preceding calendar year. | 5169 |
| (M)(1) A nonrefundable credit shall be allowed to an | 5170 |
| applicable corporation and its related members in an amount equal | 5171 |
| to the applicable difference. The credit is in addition to the | 5172 |
| credit granted to the corporation or related members under | 5173 |
| division (B) of this section. The credit is subject to divisions | 5174 |
| (B) to (E) and division (J) of this section. | 5175 |
| (2) A person qualifying as an applicable corporation under | 5176 |
| this section for a tax year does not necessarily qualify as an | 5177 |
| applicable corporation for any other tax year. No person is | 5178 |
| entitled to the credit allowed under division (M) of this section | 5179 |
| for the tax year immediately following the taxable year during | 5180 |
| which the person fails to meet the requirements in divisions | 5181 |
| (A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled | 5182 |
| to the credit allowed under division (M) of this section for any | 5183 |
| tax year for which the person is not eligible for the credit | 5184 |
| provided under division (B) of this section. | 5185 |
| Sec. 122.172. (A) As used in this section, "tax liability" | 5186 |
| means the tax owed under section 5733.06 or 5747.02 of the Revised | 5187 |
| Code after allowance of all nonrefundable credits and prior to the | 5188 |
| allowance of all refundable credits. The tax owed under section | 5189 |
| 5733.06 of the Revised Code shall take into account any | 5190 |
| adjustments to such tax required by division (G) of section | 5191 |
| 5733.01 of the Revised Code that apply prior to allowance of | 5192 |
| refundable credits. | 5193 |
| (B)(1) The director of development shall administer the | 5194 |
| manufacturing equipment grant program to provide grants for new | 5195 |
| manufacturing machinery and equipment qualifying for the grant | 5196 |
| under section 122.173 of the Revised Code. Except as provided in | 5197 |
| division (C) of this section, the grants apply to the taxes | 5198 |
| imposed by sections 5733.06 and 5747.02 of the Revised Code for | 5199 |
| taxable years ending on or after July 1, 2005. | 5200 |
| (2) To claim a grant, a taxpayer satisfying the requirements | 5201 |
| of section 122.173 of the Revised Code shall complete a grant | 5202 |
| request form, as prescribed by the director in consultation with | 5203 |
| the tax commissioner, and shall file the form with the tax return | 5204 |
| for the taxable year for which the grant is claimed. In no event | 5205 |
| shall the grant reduce a taxpayer's tax liability below the | 5206 |
| minimum tax owed for the taxable year. The grant request form | 5207 |
| shall provide the information required to allow the grant for the | 5208 |
| taxable year and is subject to audit by the director and the | 5209 |
| commissioner. Any portion of the grant in excess of the taxpayer's | 5210 |
| tax liability shall not be refundable but may be carried forward | 5211 |
| as provided in section 122.173 of the Revised Code. Upon the | 5212 |
| director's request, the commissioner shall provide completed grant | 5213 |
| request forms filed under this section to the director in a | 5214 |
| mutually agreed upon format. | 5215 |
| (C) If a taxpayer is required to repay any credit allowed | 5216 |
| under section 5733.33 or 5747.31 of the Revised Code for a taxable | 5217 |
| year ending prior to July 1, 2005, for a reason not specified in | 5218 |
| Chapter 5733. or 5747. of the Revised Code, a grant shall be | 5219 |
| available for that taxable year under section 122.173 of the | 5220 |
| Revised Code to the extent provided in that section. | 5221 |
| (D) Any tax liability under section 5733.06 or 5747.02 of the | 5222 |
| Revised Code that is underpaid as the result of an improper claim | 5223 |
| for a grant under this section may be assessed by the tax | 5224 |
| commissioner in the manner provided by section 5733.11 or 5747.11 | 5225 |
| of the Revised Code. | 5226 |
| Sec. 122.173. (A) As used in this section: | 5227 |
| (1) "Manufacturing machinery and equipment" means engines and | 5228 |
| machinery, and tools and implements, of every kind used, or | 5229 |
| designed to be used, in refining and manufacturing. "Manufacturing | 5230 |
| machinery and equipment" does not include property acquired after | 5231 |
| December 31, 1999, that is used: | 5232 |
| (a) For the transmission and distribution of electricity; | 5233 |
| (b) For the generation of electricity, if fifty per cent or | 5234 |
| more of the electricity that the property generates is consumed, | 5235 |
| during the one-hundred-twenty-month period commencing with the | 5236 |
| date the property is placed in service, by persons that are not | 5237 |
| related members to the person who generates the electricity. | 5238 |
| (2) "New manufacturing machinery and equipment" means | 5239 |
| manufacturing machinery and equipment, the original use in this | 5240 |
| state of which commences with the taxpayer or with a partnership | 5241 |
| of which the taxpayer is a partner. "New manufacturing machinery | 5242 |
| and equipment" does not include property acquired after December | 5243 |
| 31, 1999, that is used: | 5244 |
| (a) For the transmission and distribution of electricity; | 5245 |
| (b) For the generation of electricity, if fifty per cent or | 5246 |
| more of the electricity that the property generates is consumed, | 5247 |
| during the one-hundred-twenty-month period commencing with the | 5248 |
| date the property is placed in service, by persons that are not | 5249 |
| related members to the person who generates the electricity. | 5250 |
| (3)(a) "Purchase" has the same meaning as in section | 5251 |
| 179(d)(2) of the Internal Revenue Code. | 5252 |
| (b) For purposes of this section, any property that is not | 5253 |
| manufactured or assembled primarily by the taxpayer is considered | 5254 |
| purchased at the time the agreement to acquire the property | 5255 |
| becomes binding. Any property that is manufactured or assembled | 5256 |
| primarily by the taxpayer is considered purchased at the time the | 5257 |
| taxpayer places the property in service in the county for which | 5258 |
| the taxpayer will calculate the county excess amount. | 5259 |
| (c) Notwithstanding section 179(d) of the Internal Revenue | 5260 |
| Code, a taxpayer's direct or indirect acquisition of new | 5261 |
| manufacturing machinery and equipment is not purchased on or after | 5262 |
| July 1, 1995, if the taxpayer, or a person whose relationship to | 5263 |
| the taxpayer is described in subparagraphs (A), (B), or (C) of | 5264 |
| section 179(d)(2) of the Internal Revenue Code, had directly or | 5265 |
| indirectly entered into a binding agreement to acquire the | 5266 |
| property at any time prior to July 1, 1995. | 5267 |
| (4) "Qualifying period" means the period that begins July 1, | 5268 |
| 1995, and ends June 30, 2005. | 5269 |
| (5) "County average new manufacturing machinery and equipment | 5270 |
| investment" means either of the following: | 5271 |
| (a) The average annual cost of new manufacturing machinery | 5272 |
| and equipment purchased for use in the county during baseline | 5273 |
| years, in the case of a taxpayer that was in existence for more | 5274 |
| than one year during baseline years. | 5275 |
| (b) Zero, in the case of a taxpayer that was not in existence | 5276 |
| for more than one year during baseline years. | 5277 |
| (6) "Partnership" includes a limited liability company formed | 5278 |
| under Chapter 1705. of the Revised Code or under the laws of any | 5279 |
| other state, provided that the company is not classified for | 5280 |
| federal income tax purposes as an association taxable as a | 5281 |
| corporation. | 5282 |
| (7) "Partner" includes a member of a limited liability | 5283 |
| company formed under Chapter 1705. of the Revised Code or under | 5284 |
| the laws of any other state, provided that the company is not | 5285 |
| classified for federal income tax purposes as an association | 5286 |
| taxable as a corporation. | 5287 |
| (8) "Distressed area" means either a municipal corporation | 5288 |
| that has a population of at least fifty thousand or a county that | 5289 |
| meets two of the following criteria of economic distress, or a | 5290 |
| municipal corporation the majority of the population of which is | 5291 |
| situated in such a county: | 5292 |
| (a) Its average rate of unemployment, during the most recent | 5293 |
| five-year period for which data are available, is equal to at | 5294 |
| least one hundred twenty-five per cent of the average rate of | 5295 |
| unemployment for the United States for the same period; | 5296 |
| (b) It has a per capita income equal to or below eighty per | 5297 |
| cent of the median county per capita income of the United States | 5298 |
| as determined by the most recently available figures from the | 5299 |
| United States census bureau; | 5300 |
| (c)(i) In the case of a municipal corporation, at least | 5301 |
| twenty per cent of the residents have a total income for the most | 5302 |
| recent census year that is below the official poverty line; | 5303 |
| (ii) In the case of a county, in intercensal years, the | 5304 |
| county has a ratio of transfer payment income to total county | 5305 |
| income equal to or greater than twenty-five per cent. | 5306 |
| (9) "Eligible area" means a distressed area, a labor surplus | 5307 |
| area, an inner city area, or a situational distress area. | 5308 |
| (10) "Inner city area" means, in a municipal corporation that | 5309 |
| has a population of at least one hundred thousand and does not | 5310 |
| meet the criteria of a labor surplus area or a distressed area, | 5311 |
| targeted investment areas established by the municipal corporation | 5312 |
| within its boundaries that are comprised of the most recent census | 5313 |
| block tracts that individually have at least twenty per cent of | 5314 |
| their population at or below the state poverty level or other | 5315 |
| census block tracts contiguous to such census block tracts. | 5316 |
| (11) "Labor surplus area" means an area designated as a labor | 5317 |
| surplus area by the United States department of labor. | 5318 |
| (12) "Official poverty line" has the same meaning as in | 5319 |
| division (A) of section 3923.51 of the Revised Code. | 5320 |
| (13) "Situational distress area" means a county or a | 5321 |
| municipal corporation that has experienced or is experiencing a | 5322 |
| closing or downsizing of a major employer that will adversely | 5323 |
| affect the county's or municipal corporation's economy. In order | 5324 |
| to be designated as a situational distress area, for a period not | 5325 |
| to exceed thirty-six months, the county or municipal corporation | 5326 |
| may petition the director of development. The petition shall | 5327 |
| include written documentation that demonstrates all of the | 5328 |
| following adverse effects on the local economy: | 5329 |
| (a) The number of jobs lost by the closing or downsizing; | 5330 |
| (b) The impact that the job loss has on the county's or | 5331 |
| municipal corporation's unemployment rate as measured by the state | 5332 |
| director of job and family services; | 5333 |
| (c) The annual payroll associated with the job loss; | 5334 |
| (d) The amount of state and local taxes associated with the | 5335 |
| job loss; | 5336 |
| (e) The impact that the closing or downsizing has on | 5337 |
| suppliers located in the county or municipal corporation. | 5338 |
| (14) "Cost" has the same meaning and limitation as in section | 5339 |
| 179(d)(3) of the Internal Revenue Code. | 5340 |
| (15) "Baseline years" means: | 5341 |
| (a) Calendar years 1992, 1993, and 1994, with regard to a | 5342 |
| grant claimed for the purchase during calendar year 1995, 1996, | 5343 |
| 1997, or 1998 of new manufacturing machinery and equipment; | 5344 |
| (b) Calendar years 1993, 1994, and 1995, with regard to a | 5345 |
| grant claimed for the purchase during calendar year 1999 of new | 5346 |
| manufacturing machinery and equipment; | 5347 |
| (c) Calendar years 1994, 1995, and 1996, with regard to a | 5348 |
| grant claimed for the purchase during calendar year 2000 of new | 5349 |
| manufacturing machinery and equipment; | 5350 |
| (d) Calendar years 1995, 1996, and 1997, with regard to a | 5351 |
| grant claimed for the purchase during calendar year 2001 of new | 5352 |
| manufacturing machinery and equipment; | 5353 |
| (e) Calendar years 1996, 1997, and 1998, with regard to a | 5354 |
| grant claimed for the purchase during calendar year 2002 of new | 5355 |
| manufacturing machinery and equipment; | 5356 |
| (f) Calendar years 1997, 1998, and 1999, with regard to a | 5357 |
| grant claimed for the purchase during calendar year 2003 of new | 5358 |
| manufacturing machinery and equipment; | 5359 |
| (g) Calendar years 1998, 1999, and 2000, with regard to a | 5360 |
| grant claimed for the purchase during calendar year 2004 of new | 5361 |
| manufacturing machinery and equipment; | 5362 |
| (h) Calendar years 1999, 2000, and 2001, with regard to a | 5363 |
| grant claimed for the purchase on or after January 1, 2005, and on | 5364 |
| or before June 30, 2005, of new manufacturing machinery and | 5365 |
| equipment. | 5366 |
| (16) "Related member" has the same meaning as in section | 5367 |
| 5733.042 of the Revised Code. | 5368 |
| (17) "Qualifying controlled group" has the same meaning as in | 5369 |
| section 5733.04 of the Revised Code. | 5370 |
| (18) "Tax liability" has the same meaning as in section | 5371 |
| 122.172 of the Revised Code. | 5372 |
| (B)(1) Subject to divisions (I) and (J) of this section, a | 5373 |
| grant is allowed against the tax imposed by section 5733.06 or | 5374 |
| 5747.02 of the Revised Code for a taxpayer that purchases new | 5375 |
| manufacturing machinery and equipment during the qualifying | 5376 |
| period, provided that the new manufacturing machinery and | 5377 |
| equipment are installed in this state not later than June 30, | 5378 |
| 2006. The taxpayer need not be a manufacturer. | 5379 |
| (2)(a) Except as otherwise provided in division (B)(2)(b) of | 5380 |
| this section, a grant may be claimed under this section in excess | 5381 |
| of one million dollars only if the cost of all manufacturing | 5382 |
| machinery and equipment owned in this state by the taxpayer | 5383 |
| claiming the grant on the last day of the calendar year exceeds | 5384 |
| the cost of all manufacturing machinery and equipment owned in | 5385 |
| this state by the taxpayer on the first day of that calendar year. | 5386 |
| As used in division (B)(2)(a) of this section, "calendar | 5387 |
| year" means the calendar year in which the machinery and equipment | 5388 |
| for which the grant is claimed was purchased. | 5389 |
| (b) Division (B)(2)(a) of this section does not apply if the | 5390 |
| taxpayer claiming the grant applies for and is issued a waiver of | 5391 |
| the requirement of that division. A taxpayer may apply to the | 5392 |
| director of development for such a waiver in the manner prescribed | 5393 |
| by the director, and the director may issue such a waiver if the | 5394 |
| director determines that granting the grant is necessary to | 5395 |
| increase or retain employees in this state, and that the grant has | 5396 |
| not caused relocation of manufacturing machinery and equipment | 5397 |
| among counties within this state for the primary purpose of | 5398 |
| qualifying for the grant. | 5399 |
| (C)(1) Except as otherwise provided in division (C)(2) and | 5400 |
| division (I) of this section, the grant amount is equal to seven | 5401 |
| and one-half per cent of the excess of the cost of the new | 5402 |
| manufacturing machinery and equipment purchased during the | 5403 |
| calendar year for use in a county over the county average new | 5404 |
| manufacturing machinery and equipment investment for that county. | 5405 |
| (2) Subject to division (I) of this section, as used in | 5406 |
| division (C)(2) of this section, "county excess" means the | 5407 |
| taxpayer's excess cost for a county as computed under division | 5408 |
| (C)(1) of this section. | 5409 |
| Subject to division (I) of this section, a taxpayer with a | 5410 |
| county excess, whose purchases included purchases for use in any | 5411 |
| eligible area in the county, the grant amount is equal to thirteen | 5412 |
| and one-half per cent of the cost of the new manufacturing | 5413 |
| machinery and equipment purchased during the calendar year for use | 5414 |
| in the eligible areas in the county, provided that the cost | 5415 |
| subject to the thirteen and one-half per cent rate shall not | 5416 |
| exceed the county excess. If the county excess is greater than the | 5417 |
| cost of the new manufacturing machinery and equipment purchased | 5418 |
| during the calendar year for use in eligible areas in the county, | 5419 |
| the grant amount also shall include an amount equal to seven and | 5420 |
| one-half per cent of the amount of the difference. | 5421 |
| (3) If a taxpayer is allowed a grant for purchases of new | 5422 |
| manufacturing machinery and equipment in more than one county or | 5423 |
| eligible area, it shall aggregate the amount of those grants each | 5424 |
| year. | 5425 |
| (4) Except as provided in division (J) of this section, the | 5426 |
| taxpayer shall claim one-seventh of the grant amount for the | 5427 |
| taxable year ending in the calendar year in which the new | 5428 |
| manufacturing machinery and equipment is purchased for use in the | 5429 |
| county by the taxpayer or partnership. One-seventh of the taxpayer | 5430 |
| grant amount is allowed for each of the six ensuing taxable years. | 5431 |
| Except for carried-forward amounts, the taxpayer is not allowed | 5432 |
| any grant amount remaining if the new manufacturing machinery and | 5433 |
| equipment is sold by the taxpayer or partnership or is transferred | 5434 |
| by the taxpayer or partnership out of the county before the end of | 5435 |
| the seven-year period unless, at the time of the sale or transfer, | 5436 |
| the new manufacturing machinery and equipment has been fully | 5437 |
| depreciated for federal income tax purposes. | 5438 |
| (5)(a) A taxpayer that acquires manufacturing machinery and | 5439 |
| equipment as a result of a merger with the taxpayer with whom | 5440 |
| commenced the original use in this state of the manufacturing | 5441 |
| machinery and equipment, or with a taxpayer that was a partner in | 5442 |
| a partnership with whom commenced the original use in this state | 5443 |
| of the manufacturing machinery and equipment, is entitled to any | 5444 |
| remaining or carried-forward grant amounts to which the taxpayer | 5445 |
| was entitled. | 5446 |
| (b) A taxpayer that enters into an agreement under division | 5447 |
| (C)(3) of section 5709.62 of the Revised Code and that acquires | 5448 |
| manufacturing machinery or equipment as a result of purchasing a | 5449 |
| large manufacturing facility, as defined in section 5709.61 of the | 5450 |
| Revised Code, from another taxpayer with whom commenced the | 5451 |
| original use in this state of the manufacturing machinery or | 5452 |
| equipment, and that operates the large manufacturing facility so | 5453 |
| purchased, is entitled to any remaining or carried-forward grant | 5454 |
| amounts to which the other taxpayer who sold the facility would | 5455 |
| have been entitled under this section had the other taxpayer not | 5456 |
| sold the manufacturing facility or equipment. | 5457 |
| (c) New manufacturing machinery and equipment is not | 5458 |
| considered sold if a pass-through entity transfers to another | 5459 |
| pass-through entity substantially all of its assets as part of a | 5460 |
| plan of reorganization under which substantially all gain and loss | 5461 |
| is not recognized by the pass-through entity that is transferring | 5462 |
| the new manufacturing machinery and equipment to the transferee | 5463 |
| and under which the transferee's basis in the new manufacturing | 5464 |
| machinery and equipment is determined, in whole or in part, by | 5465 |
| reference to the basis of the pass-through entity that transferred | 5466 |
| the new manufacturing machinery and equipment to the transferee. | 5467 |
| (d) Division (C)(5) of this section applies only if the | 5468 |
| acquiring taxpayer or transferee does not sell the new | 5469 |
| manufacturing machinery and equipment or transfer the new | 5470 |
| manufacturing machinery and equipment out of the county before the | 5471 |
| end of the seven-year period to which division (C)(4) of this | 5472 |
| section refers. | 5473 |
| (e) Division (C)(5)(b) of this section applies only to the | 5474 |
| extent that the taxpayer that sold the manufacturing machinery or | 5475 |
| equipment, upon request, timely provides to the tax commissioner | 5476 |
| any information that the tax commissioner considers to be | 5477 |
| necessary to ascertain any remaining or carried-forward amounts to | 5478 |
| which the taxpayer that sold the facility would have been entitled | 5479 |
| under this section had the taxpayer not sold the manufacturing | 5480 |
| machinery or equipment. Nothing in division (C)(5)(b) or (e) of | 5481 |
| this section shall be construed to allow a taxpayer to claim any | 5482 |
| grant amount with respect to the acquired manufacturing machinery | 5483 |
| or equipment that is greater than the amount that would have been | 5484 |
| available to the other taxpayer that sold the manufacturing | 5485 |
| machinery or equipment had the other taxpayer not sold the | 5486 |
| manufacturing machinery or equipment. | 5487 |
| (D) The taxpayer shall claim the grant allowed by this | 5488 |
| section in the manner provided by section 122.172 of the Revised | 5489 |
| Code. Any portion of the grant in excess of the taxpayer's tax | 5490 |
| liability for the taxable year shall not be refundable but may be | 5491 |
| carried forward for the next three consecutive taxable years. | 5492 |
| (E) A taxpayer purchasing new manufacturing machinery and | 5493 |
| equipment and intending to claim the grant shall file, with the | 5494 |
| director of development, a notice of intent to claim the grant on | 5495 |
| a form prescribed by the director of development. The director of | 5496 |
| development shall inform the tax commissioner of the notice of | 5497 |
| intent to claim the grant. No grant may be claimed under this | 5498 |
| section for any manufacturing machinery and equipment with respect | 5499 |
| to which a notice was not filed by the date of a timely filed | 5500 |
| return, including extensions, for the taxable year that includes | 5501 |
| September 30, 2005, but a notice filed on or before such date | 5502 |
| under division (E) of section 5733.33 of the Revised Code of the | 5503 |
| intent to claim the credit under that section or section 5747.31 | 5504 |
| of the Revised Code also shall be considered a notice of the | 5505 |
| intent to claim a grant under this section. | 5506 |
| (F) The director of development shall annually certify, by | 5507 |
| the first day of January of each year during the qualifying | 5508 |
| period, the eligible areas for the tax grant for the calendar year | 5509 |
| that includes that first day of January. The director shall send a | 5510 |
| copy of the certification to the tax commissioner. | 5511 |
| (G) New manufacturing machinery and equipment for which a | 5512 |
| taxpayer claims the credit under section 5733.31, 5733.311, | 5513 |
| 5747.26, or 5747.261 of the Revised Code shall not be considered | 5514 |
| new manufacturing machinery and equipment for purposes of the | 5515 |
| grant under this section. | 5516 |
| (H)(1) Notwithstanding sections 5733.11 and 5747.13 of the | 5517 |
| Revised Code, but subject to division (H)(2) of this section, the | 5518 |
| tax commissioner may issue an assessment against a person with | 5519 |
| respect to a grant claimed under this section for new | 5520 |
| manufacturing machinery and equipment described in division | 5521 |
| (A)(1)(b) or (2)(b) of this section, if the machinery or equipment | 5522 |
| subsequently does not qualify for the grant. | 5523 |
| (2) Division (H)(1) of this section shall not apply after the | 5524 |
| twenty-fourth month following the last day of the period described | 5525 |
| in divisions (A)(1)(b) and (2)(b) of this section. | 5526 |
| (I) Notwithstanding any other provision of this section to | 5527 |
| the contrary, in the case of a qualifying controlled group, the | 5528 |
| grant available under this section to a taxpayer or taxpayers in | 5529 |
| the qualifying controlled group shall be computed as if all | 5530 |
| corporations in the group were a single corporation. The grant | 5531 |
| shall be allocated to such a taxpayer or taxpayers in the group in | 5532 |
| any amount elected for the taxable year by the group. The election | 5533 |
| shall be revocable and amendable during the period described in | 5534 |
| division (B) of section 5733.12 of the Revised Code. | 5535 |
| This division applies to all purchases of new manufacturing | 5536 |
| machinery and equipment made on or after January 1, 2001, and to | 5537 |
| all baseline years used to compute any grant attributable to such | 5538 |
| purchases; provided, that this division may be applied solely at | 5539 |
| the election of the qualifying controlled group with respect to | 5540 |
| all purchases of new manufacturing machinery and equipment made | 5541 |
| before that date, and to all baseline years used to compute any | 5542 |
| grant attributable to such purchases. The qualifying controlled | 5543 |
| group at any time may elect to apply this division to purchases | 5544 |
| made prior to January 1, 2001, subject to the following: | 5545 |
| (1) The election is irrevocable; | 5546 |
| (2) The election need not accompany a timely filed report, | 5547 |
| but the election may accompany a subsequently filed but timely | 5548 |
| application for refund, a subsequently filed but timely amended | 5549 |
| report, or a subsequently filed but timely petition for | 5550 |
| reassessment. | 5551 |
| (J) Except as provided in division (B) of section 122.172 of | 5552 |
| the Revised Code, no grant under this section may be claimed for | 5553 |
| any taxable year for which a credit is allowed under section | 5554 |
| 5733.33 or 5747.31 of the Revised Code. If the tax imposed by | 5555 |
| section 5733.06 of the Revised Code for which a grant is allowed | 5556 |
| under this section has been prorated under division (G)(2) of | 5557 |
| section 5733.01 of the Revised Code, the grant shall be prorated | 5558 |
| by the same percentage as the tax. | 5559 |
| Sec. 122.18. (A) As used in this section: | 5560 |
| (1) "Facility" means all real property and interests in real | 5561 |
| property owned by a landlord and leased to a tenant pursuant to a | 5562 |
| project that is the subject of an agreement under this
section | 5563 |
| (2) "Full-time employee" has the same meaning as under | 5564 |
|
section 122.17 of the Revised Code | 5565 |
| (3) "Landlord" means a county or municipal corporation, or a | 5566 |
| corporate entity that is an instrumentality of a county or | 5567 |
| municipal corporation and that is not subject to the tax imposed | 5568 |
|
by section 5733.06 or
5747.02 of the Revised Code | 5569 |
| (4) "New employee" means a full-time employee first employed | 5570 |
| by, or under or pursuant to a contract with, the tenant in the | 5571 |
| project that is the subject of the agreement after a landlord | 5572 |
| enters into an agreement with the tax credit authority under this | 5573 |
| section | 5574 |
| (5) "New income tax revenue" means the total amount withheld | 5575 |
| under section 5747.06 of the Revised Code by the tenant or tenants | 5576 |
| at a facility during a year from the compensation of new employees | 5577 |
| for the tax levied under Chapter 5747. of the Revised
Code | 5578 |
| (6) "Retained income tax revenue" means the total amount | 5579 |
| withheld under section 5747.06 of the Revised Code from employees | 5580 |
| retained at an existing facility recommended for closure to the | 5581 |
| base realignment and closure commission in the United States | 5582 |
| department of defense. | 5583 |
| (7) "Tenant" means the United States, any department, agency, | 5584 |
| or instrumentality of the United States, or any person under | 5585 |
| contract with the United States or any department, agency, or | 5586 |
| instrumentality of the United States. | 5587 |
| (B) The tax credit authority may enter into an agreement with | 5588 |
| a landlord under which an annual payment equal to the new income | 5589 |
| tax revenue or retained income tax revenue, as applicable, or the | 5590 |
| amount called for under division (D)(3) or (4) of this section | 5591 |
| shall be made to the landlord from moneys of this state that were | 5592 |
| not raised by taxation, and shall be credited by the landlord to | 5593 |
| the rental owing from the tenant to the landlord for a facility. | 5594 |
| (C) A landlord that proposes a project to create new jobs in | 5595 |
| this state or retain jobs in this state within a municipal | 5596 |
| corporation at an existing facility recommended for closure to the | 5597 |
| base realignment and closure commission in the United States | 5598 |
| department of defense may apply to the tax credit authority to | 5599 |
| enter into an agreement for annual payments under this section. | 5600 |
| The director of development shall prescribe the form of the | 5601 |
| application. After receipt of an application, the authority may | 5602 |
| enter into an agreement with the landlord for annual payments | 5603 |
| under this section if it determines all of the following: | 5604 |
| (1) The project will create new jobs in this state | 5605 |
| jobs within a municipal corporation at a facility recommended for | 5606 |
| closure to the base realignment and closure commission in the | 5607 |
| United States department of defense. | 5608 |
| (2) The project is economically sound and will benefit the | 5609 |
| people of this state by increasing opportunities for employment | 5610 |
|
and strengthening the economy of this state | 5611 |
| (3) Receiving the annual payments will be a major factor in | 5612 |
| the decision of the landlord and tenant to go forward with the | 5613 |
| project. | 5614 |
| (D) An agreement with a landlord for annual payments shall | 5615 |
| include all of the following: | 5616 |
| (1) A description of the project that is the subject of the | 5617 |
| agreement; | 5618 |
| (2) The term of the agreement, which shall not exceed twenty | 5619 |
| years; | 5620 |
| (3) Based on the estimated new income tax revenue or retained | 5621 |
| income tax revenue, as applicable, to be derived from the facility | 5622 |
| at the time the agreement is entered into, provision for a | 5623 |
| guaranteed payment to the landlord commencing with the issuance by | 5624 |
| the landlord of any bonds or other forms of financing for the | 5625 |
| construction of the facility and continuing for the term approved | 5626 |
| by the authority; | 5627 |
| (4) Provision for offsets to this state of the annual payment | 5628 |
| in years in which such annual payment is greater than the | 5629 |
| guaranteed payment of amounts previously paid by this state to the | 5630 |
| landlord in excess of the new income tax revenue or retained | 5631 |
| income tax revenue, as applicable, by reason of the guaranteed | 5632 |
| payment; | 5633 |
| (5) A specific method for determining how many new employees | 5634 |
| are employed during a year; | 5635 |
| (6) A requirement that the landlord annually shall obtain | 5636 |
| from the tenant and report to the director of development the | 5637 |
|
number of new employees | 5638 |
| in connection with the new employees, or the number of retained | 5639 |
| employees and the retained income tax revenue withheld in | 5640 |
| connection with the retained employees, as applicable, and any | 5641 |
| other information the director needs to perform the director's | 5642 |
| duties under this section; | 5643 |
| (7) A requirement that the director of development annually | 5644 |
| shall verify the amounts reported under division (D)(6) of this | 5645 |
| section, and after doing so shall issue a certificate to the | 5646 |
| landlord stating that the amounts have been verified. | 5647 |
| (E) The director of development, in accordance with Chapter | 5648 |
| 119. of the Revised Code, shall adopt rules necessary to implement | 5649 |
| this section. | 5650 |
| Sec. 122.40. (A) There is hereby created the development | 5651 |
| financing advisory council to assist in carrying out the programs | 5652 |
| created pursuant to sections 122.39 to 122.62 and Chapter 166. of | 5653 |
| the Revised Code. | 5654 |
| (B) The council shall consist of seven members appointed by | 5655 |
| the governor, with the advice and consent of the senate, who are | 5656 |
| selected for their knowledge of and experience in economic | 5657 |
| development financing, one member of the senate appointed by the | 5658 |
| president of the senate, one member of the house of | 5659 |
| representatives appointed by the speaker of the house of | 5660 |
| representatives, and the director of development or the director's | 5661 |
| designee. With respect to the council: | 5662 |
| (1) No more than four members of the council appointed by the | 5663 |
| governor shall be members of the same political party. | 5664 |
| (2) Each member shall hold office from the date of the | 5665 |
| member's appointment until the end of the term for which the | 5666 |
| member was appointed. | 5667 |
| (3) The terms of office for the seven members appointed by | 5668 |
| the governor shall be for five years commencing on the first day | 5669 |
| of January and ending on the thirty-first day of December. The | 5670 |
| seven members appointed by the governor who are serving terms of | 5671 |
| office of seven years on | 5672 |
| December 30, 2004, shall continue to serve those terms, but their | 5673 |
| successors in office, including the filling of a vacancy occurring | 5674 |
| prior to the expiration of those terms, shall be appointed for | 5675 |
| terms of five years in accordance with this division. | 5676 |
| (4) Any member of the council is eligible for reappointment. | 5677 |
| (5) As a term of a member of the council appointed by the | 5678 |
| governor expires, the governor shall appoint a successor with the | 5679 |
| advice and consent of the senate. | 5680 |
| (6) Except as otherwise provided in division (B)(3) of this | 5681 |
| section, any member appointed to fill a vacancy occurring prior to | 5682 |
| the expiration of the term for which the member's predecessor was | 5683 |
| appointed shall hold office for the remainder of the predecessor's | 5684 |
| term. | 5685 |
| (7) Any member shall continue in office subsequent to the | 5686 |
| expiration date of the member's term until the member's successor | 5687 |
| takes office, or until a period of sixty days has elapsed, | 5688 |
| whichever occurs first. | 5689 |
| (8) Before entering upon duties as a member of the council, | 5690 |
| each member shall take an oath provided by Section 7 of Article | 5691 |
| XV, Ohio Constitution. | 5692 |
| (9) The governor may, at any time, remove any nonlegislative | 5693 |
| member pursuant to section 3.04 of the Revised Code. | 5694 |
| (10) Members of the council, notwithstanding section 101.26 | 5695 |
| of the Revised Code with respect to members who are members of the | 5696 |
| general assembly, shall receive their necessary and actual | 5697 |
| expenses while engaged in the business of the council and shall be | 5698 |
| paid at the per diem rate of step 1, pay range 31, of section | 5699 |
| 124.15 of the Revised Code. | 5700 |
| (11) | 5701 |
| the affirmative vote of six members is necessary for any action | 5702 |
| taken by the council. | 5703 |
| (12) In the event of the absence of a member appointed by the | 5704 |
| president of the senate or by the speaker of the house of | 5705 |
| representatives, the following persons may serve in the member's | 5706 |
| absence: the president of the senate or the speaker of the house, | 5707 |
| as the case may be, or a member of the senate or of the house of | 5708 |
| representatives, of the same political party as the development | 5709 |
| financing advisory council member, designated by the president of | 5710 |
| the senate or the speaker of the house. | 5711 |
| Sec. 122.603. (A)(1) Upon approval by the director of | 5712 |
| development and after entering into a participation agreement with | 5713 |
| the department of development, a participating financial | 5714 |
| institution making a capital access loan shall establish a program | 5715 |
| reserve account. The account shall be an interest-bearing account | 5716 |
| and shall contain only moneys deposited into it under the program | 5717 |
| and the interest payable on the moneys in the account. | 5718 |
| (2) All interest payable on the moneys in the program reserve | 5719 |
| account shall be added to the moneys and held as an additional | 5720 |
| loss reserve. The director may require that a portion or all of | 5721 |
| the accrued interest so held in the account be released to the | 5722 |
| department. If the director causes a release of accrued interest, | 5723 |
| the director shall deposit the released amount into the capital | 5724 |
| access loan program fund created in section 122.601 of the Revised | 5725 |
| Code. The director shall not require the release of that accrued | 5726 |
| interest more than twice in a fiscal year. | 5727 |
| (B) When a participating financial institution makes a | 5728 |
| capital access loan, it shall require the eligible business to pay | 5729 |
| to the participating financial institution a fee in an amount that | 5730 |
| is not less than one and one-half per cent, and not more than | 5731 |
| three per cent, of the principal amount of the loan. The | 5732 |
| participating financial institution shall deposit the fee into its | 5733 |
| program reserve account, and it also shall deposit into the | 5734 |
| account an amount of its own funds equal to the amount of the fee. | 5735 |
| The participating financial institution may recover from the | 5736 |
| eligible business all or part of the amount that the participating | 5737 |
| financial institution is required to deposit into the account | 5738 |
| under this division in any manner agreed to by the participating | 5739 |
| financial institution and the eligible business. | 5740 |
| (C) For each capital access loan made by a participating | 5741 |
| financial institution, the participating financial institution | 5742 |
| shall certify to the director, within a period specified by the | 5743 |
| director, that the participating financial institution has made | 5744 |
| the loan. The certification shall include the amount of the loan, | 5745 |
| the amount of the fee received from the eligible business, the | 5746 |
| amount of its own funds that the participating financial | 5747 |
| institution deposited into its program reserve account to reflect | 5748 |
| that fee, and any other information specified by the director. | 5749 |
| (D) | 5750 |
| from a participating financial institution made under division (C) | 5751 |
| of this section and subject to section 122.602 of the Revised | 5752 |
| Code, the director shall disburse to the participating financial | 5753 |
| institution from the capital access loan program fund an amount | 5754 |
| equal to fifty per cent of the principal amount of the particular | 5755 |
| capital access loan for deposit into the participating financial | 5756 |
| institution's program reserve account. Thereafter, upon receipt of | 5757 |
| a certification from that participating financial institution made | 5758 |
| under division (C) of this section and subject to section 122.602 | 5759 |
| of the Revised Code, the director shall disburse to the | 5760 |
| participating financial institution from the capital access loan | 5761 |
| program fund an amount equal to ten per cent of the principal | 5762 |
| amount of the particular capital access loan for deposit into the | 5763 |
| participating financial institution's program reserve account. The | 5764 |
| disbursement of moneys from the fund to a participating financial | 5765 |
| institution does not require approval from the controlling board. | 5766 |
| (E) If the amount in a program reserve account exceeds an | 5767 |
| amount equal to thirty-three per cent of a participating financial | 5768 |
| institution's outstanding capital access loans, the department may | 5769 |
| cause the withdrawal of the excess amount and the deposit of the | 5770 |
| withdrawn amount into the capital access loan program fund. | 5771 |
| (F)(1) The department may cause the withdrawal of the total | 5772 |
| amount in a participating financial institution's program reserve | 5773 |
| account if any of the following applies: | 5774 |
| (a) The financial institution is no longer eligible to | 5775 |
| participate in the program. | 5776 |
| (b) The participation agreement expires without renewal by | 5777 |
| the department or the financial institution. | 5778 |
| (c) The financial institution has no outstanding capital | 5779 |
| access loans. | 5780 |
| (d) The financial institution has not made a capital access | 5781 |
| loan within the preceding twenty-four months. | 5782 |
| (2) If the department causes a withdrawal under division | 5783 |
| (F)(1) of this section, the department shall deposit the withdrawn | 5784 |
| amount into the capital access loan program fund. | 5785 |
| Sec. 122.71. As used in sections 122.71 to 122.83 of the | 5786 |
| Revised Code: | 5787 |
| (A) "Financial institution" means any banking corporation, | 5788 |
| trust company, insurance company, savings and loan association, | 5789 |
| building and loan association, or corporation, partnership, | 5790 |
| federal lending agency, foundation, or other institution engaged | 5791 |
| in lending or investing funds for industrial or business purposes. | 5792 |
| (B) "Project" means any real or personal property connected | 5793 |
| with or being a part of an industrial, distribution, commercial, | 5794 |
| or research facility to be acquired, constructed, reconstructed, | 5795 |
| enlarged, improved, furnished, or equipped, or any combination | 5796 |
| thereof, with the aid provided under sections 122.71 to 122.83 of | 5797 |
| the Revised Code, for industrial, commercial, distribution, and | 5798 |
| research development of the state. | 5799 |
| (C) "Mortgage" means the lien imposed on a project by a | 5800 |
| mortgage on real property, or by financing statements on personal | 5801 |
| property, or a combination of a mortgage and financing statements | 5802 |
| when a project consists of both real and personal property. | 5803 |
| (D) "Mortgagor" means the principal user of a project or the | 5804 |
| person, corporation, partnership, or association unconditionally | 5805 |
| guaranteeing performance by the principal user of its obligations | 5806 |
| under the mortgage. | 5807 |
| (E)(1) "Minority business enterprise" means an individual who | 5808 |
| is a United States citizen and owns and controls a business, or a | 5809 |
| partnership, corporation, or joint venture of any kind that is | 5810 |
| owned and controlled by United States citizens, which citizen or | 5811 |
| citizens are residents of this state and are members of one of the | 5812 |
| following economically disadvantaged groups: Blacks or African | 5813 |
| Americans, American
Indians, Hispanics or Latinos, and
| 5814 |
| Asians. | 5815 |
| (2) "Owned and controlled" means that at least fifty-one per | 5816 |
| cent of the business, including corporate stock if a corporation, | 5817 |
| is owned by persons who belong to one or more of the groups set | 5818 |
| forth in division (E)(1) of this section, and that those owners | 5819 |
| have control over the management and day-to-day operations of the | 5820 |
| business and an interest in the capital, assets, and profits and | 5821 |
| losses of the business proportionate to their percentage of | 5822 |
| ownership. In order to qualify as a minority business enterprise, | 5823 |
| a business shall have been owned and controlled by those persons | 5824 |
| at least one year prior to being awarded a contract pursuant to | 5825 |
| this section. | 5826 |
| (F) "Community improvement corporation" means a corporation | 5827 |
| organized under Chapter 1724. of the Revised Code. | 5828 |
| (G) "Ohio development corporation" means a corporation | 5829 |
| organized under Chapter 1726. of the Revised Code. | 5830 |
| (H) "Minority contractors business assistance organization" | 5831 |
| means an entity engaged in the provision of management and | 5832 |
| technical business assistance to minority business enterprise | 5833 |
| entrepreneurs. | 5834 |
| (I) "Minority business supplier development council" means a | 5835 |
| nonprofit organization established as an affiliate of the national | 5836 |
| minority supplier development council. | 5837 |
| (J) "Regional economic development entity" means an entity | 5838 |
| that is under contract with the director of development to | 5839 |
| administer a loan program under this chapter in a particular area | 5840 |
| of the state. | 5841 |
| Sec. 122.72. (A) There is hereby created the minority | 5842 |
| development financing advisory board to assist in carrying out the | 5843 |
| programs created pursuant to sections 122.71 to | 5844 |
| the Revised Code. | 5845 |
| (B) The board shall consist of | 5846 |
| director of development or the director's designee shall be a | 5847 |
| voting member on the board. Seven members shall be appointed by | 5848 |
| the governor with the advice and consent of the senate and | 5849 |
| selected because of their knowledge of and experience in | 5850 |
| industrial, business, and commercial financing, suretyship, | 5851 |
| construction, and their understanding of the problems of minority | 5852 |
| business enterprises; one member also shall be a member of the | 5853 |
| senate and appointed by the president of the senate, and one | 5854 |
| member also shall be a member of the house of representatives and | 5855 |
| appointed by the speaker of the house of representatives. With | 5856 |
| respect to the board, all of the following apply: | 5857 |
| (1) Not more than four of the members of the board appointed | 5858 |
| by the governor shall be of the same political party. | 5859 |
| (2) Each member shall hold office from the date of the | 5860 |
| member's appointment until the end of the term for which the | 5861 |
| member was appointed. | 5862 |
| (3) The terms of office for the seven members appointed by | 5863 |
| the governor shall be for seven years, commencing on the first day | 5864 |
| of October and ending on the thirtieth day of September of the | 5865 |
| seventh year, except that of the original seven members, three | 5866 |
| shall be appointed for three years and two shall be appointed for | 5867 |
| five years. | 5868 |
| (4) Any member of the board is eligible for reappointment. | 5869 |
| (5) Any member appointed to fill a vacancy occurring prior to | 5870 |
| the
expiration of the term for which | 5871 |
|
was appointed shall hold office for the remainder of | 5872 |
| predecessor's term. | 5873 |
| (6) Any member shall continue in office subsequent to the | 5874 |
| expiration
date of | 5875 |
| successor takes office, or until a period of sixty days has | 5876 |
| elapsed, whichever occurs first. | 5877 |
| (7) Before entering upon | 5878 |
| the board, each member shall take an oath as provided by Section 7 | 5879 |
| of Article XV, Ohio Constitution. | 5880 |
| (8) The governor may, at any time, remove any member | 5881 |
| appointed by
| 5882 |
| Revised Code. | 5883 |
| (9) Notwithstanding section 101.26 of the Revised Code, | 5884 |
| members shall receive their necessary and actual expenses while | 5885 |
| engaged in the business of the board and shall be paid at the per | 5886 |
| diem rate of step 1 of pay range 31 of section 124.15 of the | 5887 |
| Revised Code. | 5888 |
| (10) | 5889 |
| the affirmative
vote of | 5890 |
| action taken by the board. | 5891 |
| (11) In the event of the absence of a member appointed by the | 5892 |
| president of the senate or by the speaker of the house of | 5893 |
| representatives, either of the following persons may serve in the | 5894 |
| member's absence: | 5895 |
| (a) The president of the senate or the speaker of the house | 5896 |
| of representatives, whoever appointed the absent member; | 5897 |
| (b) A member of the senate or of the house of representatives | 5898 |
| of the same political party as the absent member, as designated by | 5899 |
| the president of the senate or the speaker of the house of | 5900 |
| representatives, whoever appointed the absent member. | 5901 |
| (12) The board shall annually elect one of its members as | 5902 |
| 5903 | |
| vice-chairperson. | 5904 |
| Sec. 122.73. (A) The minority development financing advisory | 5905 |
| board and the director of development are invested with the powers | 5906 |
| and duties provided in sections 122.71 to
| 5907 |
| Revised Code, in order to promote the welfare of the people of the | 5908 |
| state by encouraging the establishment and expansion of minority | 5909 |
| business enterprises | 5910 |
| employment | 5911 |
| industrial, commercial, distribution, and research activities | 5912 |
| required for the people of the state, and for their gainful | 5913 |
| employment | 5914 |
| employment opportunities, or improve the economic welfare of the | 5915 |
| people of the state. It is hereby determined that the | 5916 |
| accomplishment of those purposes is essential so that the people | 5917 |
| of the state may maintain their present high standards of living | 5918 |
| in comparison with the people of other states and so that | 5919 |
| opportunities for employment and for favorable markets for the | 5920 |
| products of the state's natural resources, agriculture, and | 5921 |
|
manufacturing shall be improved | 5922 |
| it is necessary for the state to establish the programs authorized | 5923 |
| under sections 122.71 to | 5924 |
| establish the minority development financing advisory board, and | 5925 |
| to invest it and the director of development with the powers and | 5926 |
| duties provided in sections 122.71 to | 5927 |
| Code. | 5928 |
| (B) The minority development financing advisory board shall | 5929 |
| do all of the following: | 5930 |
| (1) Make recommendations to the director as to applications | 5931 |
| for assistance
pursuant to sections 122.71 to | 5932 |
| Revised Code. The board may revise its recommendations to reflect | 5933 |
| any changes in the proposed assistance made by the director. | 5934 |
| (2) Advise the director in the administration of sections | 5935 |
| 122.71 to | 5936 |
| (3) Adopt bylaws to govern the conduct of the business of the | 5937 |
| board. | 5938 |
| Sec. 122.74. (A)(1) The director of development shall do all | 5939 |
| of the following: | 5940 |
| | 5941 |
| 122.71 to | 5942 |
| but subject to division (A)(2) of this section, forward them to | 5943 |
| the minority development financing advisory board together with | 5944 |
| necessary supporting information; | 5945 |
| | 5946 |
| final determination whether to approve the application for | 5947 |
| assistance; | 5948 |
| | 5949 |
| development entity for loans made under section 122.76 of the | 5950 |
| Revised Code and make a final determination, notwithstanding | 5951 |
| divisions (A)(1) and (2) of this section, whether to approve the | 5952 |
| proposed loan; | 5953 |
| (d) Transmit the director's determinations to approve | 5954 |
| assistance to the controlling board together with any information | 5955 |
| the controlling board requires for its review and decision as to | 5956 |
| whether to approve the assistance. | 5957 |
| (2) The director is not required to submit any determination, | 5958 |
| data, terms, or any other application materials or information to | 5959 |
| the minority development financing advisory board when provision | 5960 |
| of the assistance has been recommended to the director by a | 5961 |
| regional economic development entity. | 5962 |
| (B) The director may do all of the following: | 5963 |
| (1) Fix the rate of interest and charges to be made upon or | 5964 |
| with respect to moneys loaned or guaranteed by the director and | 5965 |
| the terms upon which mortgages and lease rentals may be guaranteed | 5966 |
| and the rates of charges to be made for them and make provisions | 5967 |
| for the operation of the funds established by the director in | 5968 |
| accordance with this section and sections
122.80 | 5969 |
| 122.90 of the Revised Code; | 5970 |
| (2) Loan and guarantee moneys from the fund established in | 5971 |
| accordance with section 122.80 of the Revised Code pursuant to and | 5972 |
| in compliance with sections
122.71 to
| 5973 |
| Code. | 5974 |
| (3) Acquire in the name of the director any property of any | 5975 |
| kind or
character in accordance with sections 122.71 to | 5976 |
| 122.90 of the Revised Code, by purchase, purchase at foreclosure, | 5977 |
| or exchange on such terms and in such manner as the director | 5978 |
| considers proper; | 5979 |
| (4) Make and enter into all contracts and agreements | 5980 |
| necessary or incidental to the performance of the director's | 5981 |
| duties and the exercise of the director's powers under sections | 5982 |
| 122.71 to | 5983 |
| (5) Maintain, protect, repair, improve, and insure any | 5984 |
| property that the director has acquired and dispose of it by sale, | 5985 |
| exchange, or lease for the consideration and on the terms and in | 5986 |
| the manner as the director considers proper, but the director | 5987 |
| shall not operate any such property as a business except as the | 5988 |
| lessor of it; | 5989 |
| (6)(a) When the cost of any contract for the maintenance, | 5990 |
| protection, repair, or improvement of any property held by the | 5991 |
| director, other than compensation for personal services, involves | 5992 |
| an expenditure of more than fifty thousand dollars, the director | 5993 |
| shall make a written contract with the lowest responsive and | 5994 |
| responsible bidder in accordance with section 9.312 of the Revised | 5995 |
| Code after advertisement for not less than two consecutive weeks | 5996 |
| in a newspaper of general circulation in the county where such | 5997 |
| contract, or some substantial part of it, is to be performed, and | 5998 |
| in such other publications as the director determines, which | 5999 |
| notice shall state the general character of the work and the | 6000 |
| general character of the materials to be furnished, the place | 6001 |
| where plans and specifications therefor may be examined, and the | 6002 |
| time and place of receiving bids. | 6003 |
| (b) Each bid for a contract for the construction, demolition, | 6004 |
| alteration, repair, or reconstruction of an improvement shall | 6005 |
| contain the full name of every person interested in it and meet | 6006 |
| the requirements of section 153.54 of the Revised Code. | 6007 |
| (c) Each bid for a contract, except as provided in division | 6008 |
| (B)(6)(b) of this section, shall contain the full name of every | 6009 |
| person interested in it and shall be accompanied by bond or | 6010 |
| certified check on a solvent bank, in such amount as the director | 6011 |
| considers sufficient, that if the bid is accepted a contract will | 6012 |
| be entered into and the performance of the proposal secured. | 6013 |
| (d) The director may reject any and all bids. | 6014 |
| (e) A bond with good and sufficient surety, approved by the | 6015 |
| director, shall be required of every contractor awarded a contract | 6016 |
| except as provided in division (B)(6)(b) of this section, in an | 6017 |
| amount equal to at least fifty per cent of the contract price, | 6018 |
| conditioned upon faithful performance of the contract. | 6019 |
| (7) Employ or contract with financial consultants, | 6020 |
| appraisers, consulting engineers, superintendents, managers, | 6021 |
| construction and accounting experts, attorneys, and other | 6022 |
| employees and agents as are necessary in the director's judgment | 6023 |
| and fix their compensation; | 6024 |
| (8) Receive and accept grants, gifts, and contributions of | 6025 |
| money, property, labor, and other things of value to be held, | 6026 |
| used, and applied only
for the purpose for which | 6027 |
| gifts, and contributions are made, from individuals, private and | 6028 |
| public corporations, from the United States or any agency thereof, | 6029 |
| from the state or any agency thereof, and from any political | 6030 |
| subdivision of the state, and may agree to repay any contribution | 6031 |
| of money or to return any property contributed or the value | 6032 |
|
thereof at such times, in | 6033 |
| conditions, excluding the payment of interest, as the director | 6034 |
| determines at the time | 6035 |
| evidence | 6036 |
| instruments; | 6037 |
| (9) Establish with the treasurer of state the funds provided | 6038 |
| in sections 122.80 and 122.88 of the Revised Code in addition to | 6039 |
| such funds as the director determines are necessary or proper; | 6040 |
| (10) Adopt rules under Chapter 119. of the Revised Code | 6041 |
|
necessary to implement
sections 122.71 to | 6042 |
| Revised Code. | 6043 |
| (11) Do all acts and things necessary or proper to carry out | 6044 |
| the powers expressly granted and the duties imposed in sections | 6045 |
| 122.71 to | 6046 |
| (C)(1) All expenses and obligations incurred by the director | 6047 |
| in carrying out the director's powers and in exercising the | 6048 |
|
director's duties under sections
122.71 to | 6049 |
| Revised Code shall be payable solely from revenues or other | 6050 |
| receipts or income of the director, from grants, gifts, and | 6051 |
| contributions, or funds established in accordance with such | 6052 |
| sections. Such sections do not authorize the director to incur | 6053 |
| indebtedness or to impose liability on the state or any political | 6054 |
| subdivision of the state. | 6055 |
| (2) Financial statements and other data submitted to the | 6056 |
| director by any corporation, partnership, or person in connection | 6057 |
| with financial assistance
provided under sections 122.71 to | 6058 |
| 122.90 of the Revised Code, or any information taken from such | 6059 |
| statements or data for any purpose, shall not be open to public | 6060 |
| inspection. | 6061 |
| Sec. 122.75. The director of development shall, for the | 6062 |
|
minority business development loan program | 6063 |
| business bonding program, and the minority business bond guarantee | 6064 |
| program under sections 122.87 to | 6065 |
| Code, do all of the following: | 6066 |
| (A) Hire employees, consultants, and agents and fix their | 6067 |
| compensation; | 6068 |
| (B) Adopt bylaws and rules for the regulation of the business | 6069 |
| of the minority development financing advisory board; | 6070 |
| (C) Receive and accept grants, gifts, and contributions of | 6071 |
| money, property, labor, and other things of value, to be held, | 6072 |
| used, and applied only for the purpose for which the grants, | 6073 |
| gifts, and contributions are made, from individuals, private and | 6074 |
| public corporations, the United States or any agency of the United | 6075 |
| States, the state or any agency of the state, and any political | 6076 |
| subdivision of the state. The director may agree to repay any | 6077 |
| contribution of money or to return any property contributed or its | 6078 |
| value at such times,
in | 6079 |
| conditions, excluding the payment of interest, as the director | 6080 |
| determines at the time the contribution is made. The director may | 6081 |
| evidence the obligations by written contracts, subject to section | 6082 |
| 122.76 of the Revised Code; provided, that the director shall not | 6083 |
| thereby incur indebtedness of or impose liability upon the state | 6084 |
| or any political subdivision. | 6085 |
| (D) Establish funds with the treasurer of state in addition | 6086 |
| to the minority business bonding fund created under section 122.88 | 6087 |
| of the Revised Code; | 6088 |
| (E) Invest money in the funds the director establishes | 6089 |
| pursuant to division (D) of this section that is in excess of | 6090 |
| current needs, in notes, bonds, or other obligations that are | 6091 |
| direct obligations of or are guaranteed by the United States, or | 6092 |
| in certificates of deposit or withdrawable accounts of banks, | 6093 |
| trust companies, | 6094 |
| under the laws of this state or the United States, and may credit | 6095 |
| the income or sell the investments at the director's discretion; | 6096 |
| (F) Acquire any property of any kind or character in | 6097 |
| accordance with sections 122.71 to 122.83 of the Revised Code, by | 6098 |
| purchase, purchase at foreclosure, or exchange on terms and in a | 6099 |
| manner the director considers proper; | 6100 |
| (G)(1) Maintain, protect, repair, improve, and insure any | 6101 |
| property the director has acquired and dispose of it by sale, | 6102 |
| exchange, or lease for the consideration and on terms and in a | 6103 |
| manner the director considers proper. The director may not operate | 6104 |
| any property as a business except as a lessor of the property. | 6105 |
| When the cost of any contract for the maintenance, protection, | 6106 |
| repair, or improvement of any property of the advisory board | 6107 |
| connected with the minority business development loan program, | 6108 |
| other than compensation for personal services, involves an | 6109 |
| expenditure of more than one thousand dollars, the director shall | 6110 |
| enter into a written contract with the lowest and best bidder | 6111 |
| after advertisement for not less than four consecutive weeks in a | 6112 |
| newspaper of general circulation in the county where the contract, | 6113 |
| or some substantial part of it, is to be performed, and in other | 6114 |
| publications as the director determines. The notice shall state | 6115 |
| the general character of the work and the general character of the | 6116 |
| materials to be furnished, the place where plans and | 6117 |
| specifications for the work and materials may be examined, and the | 6118 |
| time and place of receiving bids. | 6119 |
| (2) Each bid for a contract for the construction, demolition, | 6120 |
| alteration, repair, or reconstruction of an improvement shall | 6121 |
| contain the full name of every person interested in it and meet | 6122 |
| the requirements of section 153.54 of the Revised Code. | 6123 |
| (3) Each bid for a contract, except as provided in division | 6124 |
| (G)(2) of this section, shall contain the full name of every | 6125 |
| person interested in it and shall be accompanied by a bond or | 6126 |
| certified check on a solvent bank, in the amount of ten per cent | 6127 |
| of the bid, that if the bid is accepted a contract will be entered | 6128 |
| into and the performance of its proposal secured. The director may | 6129 |
| reject any or all bids. A bond with good and sufficient surety, | 6130 |
| approved by the director, shall be required of all contractors in | 6131 |
| an amount equal to at least one hundred per cent of the contract | 6132 |
| price, conditioned upon faithful performance of the contract. | 6133 |
| (H) Expend money appropriated to the department of | 6134 |
| development by the general assembly for the purposes of sections | 6135 |
|
122.71 to 122.83 and 122.87 to | 6136 |
| (I) Do all acts and things necessary or proper to carry out | 6137 |
| the powers expressly granted and the duties imposed in sections | 6138 |
| 122.71 to 122.83 and 122.87 to | 6139 |
| Sec. 122.751. The minority development financing advisory | 6140 |
| board or a regional economic development entity shall only | 6141 |
| consider an application for a loan from any applicant after a | 6142 |
| certification by the equal employment opportunity coordinator of | 6143 |
| the department of administrative services under division (B)(1) of | 6144 |
| section 123.151 of the Revised Code that the applicant is a | 6145 |
| minority business enterprise, or after a certification by the | 6146 |
| minority business supplier development council that the applicant | 6147 |
| is a minority business, and that the applicant satisfies all | 6148 |
| criteria regarding eligibility for assistance pursuant to section | 6149 |
| 122.76 of the Revised Code. | 6150 |
| Sec. 122.76. (A) The director of development, with | 6151 |
| controlling board approval, may lend funds to minority business | 6152 |
| enterprises and to community improvement corporations, Ohio | 6153 |
| development corporations, minority contractors business assistance | 6154 |
| organizations, and minority business supplier development councils | 6155 |
| for the purpose of loaning funds to minority business enterprises | 6156 |
| and for the purpose of procuring or improving real or personal | 6157 |
| property, or both, for the establishment, location, or expansion | 6158 |
| of industrial, distribution, commercial, or research facilities in | 6159 |
| the state, if the director determines, in the director's sole | 6160 |
| discretion, that all of the following apply: | 6161 |
| (1) The project is economically sound and will benefit the | 6162 |
| people of the state by increasing opportunities for employment, by | 6163 |
| strengthening the economy of the state, or expanding minority | 6164 |
| business enterprises. | 6165 |
| (2) The proposed minority business enterprise borrower is | 6166 |
| unable to finance the proposed project through ordinary financial | 6167 |
| channels at comparable terms. | 6168 |
| (3) The value of the project is or, upon completion, will be | 6169 |
| at least equal to the total amount of the money expended in the | 6170 |
| procurement or improvement of the project, and one or more | 6171 |
| financial institutions or other governmental entities have loaned | 6172 |
| not less than thirty per cent of that amount. | 6173 |
| (4) The amount to be loaned by the director will not exceed | 6174 |
| sixty per cent of the total amount expended in the procurement or | 6175 |
| improvement of the project. | 6176 |
| (5) The amount to be loaned by the director will be | 6177 |
| adequately secured by a first or second mortgage upon the project | 6178 |
| or by mortgages, leases, liens, assignments, or pledges on or of | 6179 |
| other property or contracts as the director requires, and such | 6180 |
| mortgage will not be subordinate to any other liens or mortgages | 6181 |
| except the liens securing loans or investments made by financial | 6182 |
| institutions referred to in division (A)(3) of this section, and | 6183 |
| the liens securing loans previously made by any financial | 6184 |
| institution in connection with the procurement or expansion of all | 6185 |
| or part of a project. | 6186 |
| (B) Any proposed minority business enterprise borrower | 6187 |
| submitting an application for assistance under this section shall | 6188 |
| not have defaulted on a previous loan from the director, and no | 6189 |
| full or limited partner, major shareholder, or holder of an equity | 6190 |
| interest of the proposed minority business enterprise borrower | 6191 |
| shall have defaulted on a loan from the director. | 6192 |
| (C) The proposed minority business enterprise borrower shall | 6193 |
| demonstrate to the satisfaction of the director that it is able to | 6194 |
| successfully compete in the private sector if it obtains the | 6195 |
| necessary financial, technical, or managerial support and that | 6196 |
| support is available through the director, the minority business | 6197 |
| development office of the department of development, or other | 6198 |
| identified and acceptable sources. In determining whether a | 6199 |
| minority business enterprise borrower will be able to successfully | 6200 |
| compete, the director may give consideration to such factors as | 6201 |
| the successful completion of or participation in courses of study, | 6202 |
| recognized by the board of regents as providing financial, | 6203 |
| technical, or managerial skills related to the operation of the | 6204 |
| business, by the economically disadvantaged individual, owner, or | 6205 |
| partner, and the prior success of the individual, owner, or | 6206 |
| partner in personal, career, or business activities, as well as to | 6207 |
| other factors identified by the director. | 6208 |
| (D) The director shall not lend funds for the purpose of | 6209 |
|
procuring or improving motor vehicles | 6210 |
| 6211 | |
| 6212 |
| Sec. 122.77. (A) The director of development with | 6213 |
| controlling board approval may make loan guarantees to small | 6214 |
| businesses and corporations for the purpose of guaranteeing loans | 6215 |
| made to small businesses by financial institutions for the purpose | 6216 |
| of procuring or improving real or personal property, or both, for | 6217 |
| the establishment, location, or expansion of industrial, | 6218 |
| distribution, commercial, or research facilities in the state, if | 6219 |
| the director determines,
in | 6220 |
| that all of the following apply: | 6221 |
| (1) The project is economically sound and will benefit the | 6222 |
| people of the state by increasing opportunities for employment, by | 6223 |
| strengthening the economy of the state, or expanding minority | 6224 |
| business enterprises | 6225 |
| (2) The proposed small business borrower is unable to finance | 6226 |
| the proposed project through ordinary financial channels at | 6227 |
| comparable terms | 6228 |
| (3) The value of the project is, or upon completion of it | 6229 |
| will be, at least equal to the total amount of the money expended | 6230 |
| in the procurement or improvement of the project and of which | 6231 |
| amount one or more financial institutions or other governmental | 6232 |
| entities have loaned not less than thirty
per cent | 6233 |
| (4) The amount to be guaranteed by the director will not | 6234 |
| exceed | 6235 |
| procurement or improvement of the
project | 6236 |
| (5) The amount to be guaranteed by the director will be | 6237 |
| adequately secured by a first or second mortgage upon the project, | 6238 |
| or by mortgages, leases, liens, assignments, or pledges on or of | 6239 |
| other property or contracts as the director shall require and that | 6240 |
| such mortgage will not be subordinate to any other liens or | 6241 |
| mortgages except the liens securing loans or investments made by | 6242 |
| financial institutions referred to in division (A)(3) of this | 6243 |
| section, and the liens securing loans previously made by any | 6244 |
| financial institution in connection with the procurement or | 6245 |
| expansion of all or part of a project. | 6246 |
| (B) The proposed small business borrower shall not have | 6247 |
| defaulted on a previous loan or guarantee from the director, and | 6248 |
| no full or limited partner, or major shareholder, or holder of any | 6249 |
| equity interest of the proposed minority business enterprise | 6250 |
| borrower shall have defaulted on a loan or guarantee from the | 6251 |
| director. | 6252 |
| (C) The proposed small business borrower shall demonstrate to | 6253 |
| the satisfaction of the director that it is able to successfully | 6254 |
| compete in the private sector if it obtains the necessary | 6255 |
| financial, technical, or managerial support and that support is | 6256 |
| available through the director, the minority business development | 6257 |
| office of the department of development, or other identified and | 6258 |
| acceptable sources. In determining whether a small business | 6259 |
| borrower will be able to successfully compete, the director may | 6260 |
| give consideration to such factors as the successful completion of | 6261 |
| or participation in courses of study, recognized by the board of | 6262 |
| regents as providing financial, technical, or managerial skills | 6263 |
| related to the operation of the business, by the economically | 6264 |
| disadvantaged individual, owner, or partner, and the prior success | 6265 |
| of the individual, owner, or partner in personal, career, or | 6266 |
| business activities, as well as to other factors identified by the | 6267 |
| director. | 6268 |
| (D) The director shall not guarantee funds for the purpose of | 6269 |
|
procuring or improving motor vehicles | 6270 |
| 6271 | |
| 6272 |
| Sec. 122.78. Fees, charges, rates of interest, times of | 6273 |
| payment of interest and principal, and other terms, conditions, | 6274 |
| and provisions of the loans and guarantees made by the director of | 6275 |
|
development pursuant to sections 122.71 to | 6276 |
| Revised Code shall be such as the director determines to be | 6277 |
| appropriate and in furtherance of the purpose for which the loans | 6278 |
| and guarantees are made, but the mortgage lien securing any money | 6279 |
| loaned or guaranteed by the director may be subordinate to the | 6280 |
| mortgage lien securing any money loaned or invested by a financial | 6281 |
| institution, but shall be superior to that securing any money | 6282 |
| loaned or expended by any other corporation or person. The funds | 6283 |
| used in making these loans or guarantees shall be disbursed upon | 6284 |
| order of the director. | 6285 |
| Sec. 122.79. The exercise of the powers granted by sections | 6286 |
| 122.71 to | 6287 |
| respects for the benefit of the people of the state, for the | 6288 |
| increase of their commerce and prosperity, for the increase and | 6289 |
| expansion of minority business enterprises, and for the | 6290 |
| improvement of conditions of employment, and will constitute the | 6291 |
| performance of essential governmental functions; therefore, the | 6292 |
| director of development shall not be required to pay any taxes | 6293 |
| upon any property or assets held by | 6294 |
| property acquired or used by | 6295 |
| 122.71 to | 6296 |
| from it, provided that this exemption shall not apply to any | 6297 |
| property held by the director while it is in the possession of a | 6298 |
| private person, partnership, or corporation and used for private | 6299 |
| purposes for profit, in which case such tax liability shall accrue | 6300 |
|
to | 6301 |
| Sec. 122.82. All moneys, funds, properties, and assets | 6302 |
| acquired by the
director of development shall be held by | 6303 |
| director in
trust to carry out | 6304 |
| duties, shall be used as provided in sections 122.71
to | 6305 |
| 122.90 of the Revised Code, and shall at no time be part of other | 6306 |
| public funds. | 6307 |
| Sec. 122.83. Any person who intentionally misrepresents that | 6308 |
| person's self as owning, controlling, operating, or participating | 6309 |
| in a minority business enterprise for the purpose of obtaining | 6310 |
| funds, contracts, subcontracts, services, or any other benefits | 6311 |
| under sections 122.71 to 122.85 or 122.87 to
| 6312 |
| Revised Code is guilty of theft by deception, pursuant to section | 6313 |
| 2913.02 of the Revised Code. | 6314 |
| Sec. 122.95. As used in sections 122.95 to 122.952 of the | 6315 |
| Revised Code: | 6316 |
| (A) "Commercial or industrial areas" means areas | 6317 |
| 6318 | |
| industrial by the local zoning authority | 6319 |
| 6320 | |
| 6321 | |
| is located one or more commercial or industrial activities. | 6322 |
| (B) "Eligible county" means any of the following: | 6323 |
| (1) A county designated as being in the "Appalachian region" | 6324 |
| under the "Appalachian Regional Development Act of 1965," 79 Stat. | 6325 |
| 5, 40 U.S.C. App. 403; | 6326 |
| (2) A county that is a "distressed area" as defined in | 6327 |
| section 122.16 of the Revised Code; | 6328 |
| (3) A county that within the previous calendar year has had a | 6329 |
| 6330 | |
| 6331 | |
| 6332 | |
| 6333 | |
| 6334 | |
| 6335 |
| | 6336 |
| 6337 | |
| 6338 | |
| 6339 | |
| 6340 | |
| 6341 | |
| numbering two hundred or more of which one hundred or more are | 6342 |
| manufacturing-related as reported in the notices prepared by the | 6343 |
| department of job and family services pursuant to the "Worker | 6344 |
| Adjustment and Retraining Notification Act," 102 Stat. 890 (1988), | 6345 |
| 29 U.S.C. 2101 et seq., as amended. | 6346 |
| Sec. 122.951. (A) If the director of development determines | 6347 |
| that a grant from the industrial site improvement fund | 6348 |
| create new jobs or preserve existing jobs and employment | 6349 |
| opportunities in an eligible county, the director may grant up to | 6350 |
| 6351 | |
| eligible county for the purpose of acquiring commercial or | 6352 |
| industrial land or buildings and making improvements to commercial | 6353 |
| or industrial areas within the eligible county, including, but not | 6354 |
| limited to: | 6355 |
| (1) Expanding, remodeling, renovating, and modernizing | 6356 |
| buildings, structures, and other improvements; | 6357 |
| (2) Remediating environmentally contaminated property on | 6358 |
| which hazardous substances exist under conditions that have caused | 6359 |
| or would cause the property to be identified as contaminated by | 6360 |
| the Ohio or United States environmental protection agency; and | 6361 |
| (3) Infrastructure improvements, including, but not limited | 6362 |
| to, site preparation, including building demolition and removal; | 6363 |
| streets, roads, bridges, and traffic control devices; parking lots | 6364 |
| and facilities; water and sewer lines and treatment plants; gas, | 6365 |
| electric, and telecommunications, including broadband, hook-ups; | 6366 |
| and water and railway access improvements. | 6367 |
| A grant awarded under this section shall provide not more | 6368 |
| than seventy-five per cent of the estimated total cost of the | 6369 |
| project for which an application is submitted under this section. | 6370 |
| In addition, not more than ten per cent of the amount of the grant | 6371 |
| shall be used to pay the costs of professional services related to | 6372 |
| the project. | 6373 |
| (B) An eligible county may apply to the director for a grant | 6374 |
| under this section in the form and manner prescribed by the | 6375 |
| director. The eligible county shall include on the application all | 6376 |
| information required by the director. The application shall | 6377 |
| require the eligible county to provide a detailed description of | 6378 |
| how the eligible county would use a grant to improve commercial or | 6379 |
| industrial areas within the eligible county, and to specify how a | 6380 |
| grant will lead to the creation of new jobs or the preservation of | 6381 |
| existing jobs and employment opportunities in the eligible county. | 6382 |
| The eligible county shall specify in the application the amount of | 6383 |
| the grant for which the eligible county is applying. | 6384 |
| (C) An eligible county that receives a grant under this | 6385 |
| section is not eligible for any additional grants from the | 6386 |
| industrial site improvement fund in the fiscal year in which the | 6387 |
| grant is received and in the subsequent fiscal year. | 6388 |
| (D) An eligible county may designate a port authority, | 6389 |
| community improvement corporation as defined in section 122.71 of | 6390 |
| the Revised Code, or other economic development entity that is | 6391 |
| located in the county to apply for a grant under this section. If | 6392 |
| a port authority, community improvement corporation, or other | 6393 |
| economic development entity is so designated, references to an | 6394 |
| eligible county in this section include references to the | 6395 |
| authority, corporation, or other entity. | 6396 |
| Sec. 123.01. (A) The department of administrative services, | 6397 |
| in addition to those powers enumerated in Chapters 124. and 125. | 6398 |
| of the Revised Code and provided elsewhere by law, shall exercise | 6399 |
| the following powers: | 6400 |
| (1) To prepare, or contract to be prepared, by licensed | 6401 |
| engineers or architects, surveys, general and detailed plans, | 6402 |
| specifications, bills of materials, and estimates of cost for any | 6403 |
| projects, improvements, or public buildings to be constructed by | 6404 |
| state agencies that may be authorized by legislative | 6405 |
| appropriations or any other funds made available therefor, | 6406 |
| provided that the construction of the projects, improvements, or | 6407 |
| public buildings is a statutory duty of the department. This | 6408 |
| section does not require the independent employment of an | 6409 |
| architect or engineer as provided by section 153.01 of the Revised | 6410 |
| Code in the cases to which that section applies nor affect or | 6411 |
| alter the existing powers of the director of transportation. | 6412 |
| (2) To have general supervision over the construction of any | 6413 |
| projects, improvements, or public buildings constructed for a | 6414 |
| state agency and over the inspection of materials previous to | 6415 |
| their incorporation into those projects, improvements, or | 6416 |
| buildings; | 6417 |
| (3) To make contracts for and supervise the construction of | 6418 |
| any projects and improvements or the construction and repair of | 6419 |
| buildings under the control of a state agency, except contracts | 6420 |
| for the repair of buildings under the management and control of | 6421 |
| the departments of public safety, job and family services, mental | 6422 |
| health, mental retardation and developmental disabilities, | 6423 |
| rehabilitation and correction, and youth services, the bureau of | 6424 |
| workers' compensation, the rehabilitation services commission, and | 6425 |
| boards of trustees of educational and benevolent institutions and | 6426 |
| except contracts for the construction of projects that are | 6427 |
| necessary to remediate conditions at a hazardous waste facility, | 6428 |
| solid waste facility, or other location at which the director of | 6429 |
| environmental protection has reason to believe there is a | 6430 |
| substantial threat to public health or safety or the environment. | 6431 |
| These contracts shall be made and entered into by the directors of | 6432 |
| public safety, job and family services, mental health, mental | 6433 |
| retardation and developmental disabilities, rehabilitation and | 6434 |
| correction, and youth services, the administrator of workers' | 6435 |
| compensation, the rehabilitation services commission,
| 6436 |
| boards of trustees of such institutions, and the director of | 6437 |
| environmental protection, respectively. All such contracts may be | 6438 |
| in whole or in part on unit price basis of maximum estimated cost, | 6439 |
| with payment computed and made upon actual quantities or units. | 6440 |
| (4) To prepare and suggest comprehensive plans for the | 6441 |
| development of grounds and buildings under the control of a state | 6442 |
| agency; | 6443 |
| (5) To acquire, by purchase, gift, devise, lease, or grant, | 6444 |
| all real estate required by a state agency, in the exercise of | 6445 |
| which power the department may exercise the power of eminent | 6446 |
| domain, in the manner provided by sections 163.01 to 163.22 of the | 6447 |
| Revised Code; | 6448 |
| (6) To make and provide all plans, specifications, and models | 6449 |
| for the construction and perfection of all systems of sewerage, | 6450 |
| drainage, and plumbing for the state in connection with buildings | 6451 |
| and grounds under the control of a state agency; | 6452 |
| (7) To erect, supervise, and maintain all public monuments | 6453 |
| and memorials erected by the state, except where the supervision | 6454 |
| and maintenance is otherwise provided by law; | 6455 |
| (8) To procure, by lease, storage accommodations for a state | 6456 |
| agency; | 6457 |
| (9) To lease or grant easements or licenses for unproductive | 6458 |
| and unused lands or other property under the control of a state | 6459 |
| agency. Such leases, easements, or licenses shall be granted for a | 6460 |
| period not to exceed fifteen years and shall be executed for the | 6461 |
| state by the director of administrative services and the governor | 6462 |
| and shall be approved as to form by the attorney general, provided | 6463 |
| that leases, easements, or licenses may be granted to any county, | 6464 |
| township, municipal corporation, port authority, water or sewer | 6465 |
| district, school district, library district, health district, park | 6466 |
| district, soil and water conservation district, conservancy | 6467 |
| district, or other political subdivision or taxing district, or | 6468 |
| any agency of the United States government, for the exclusive use | 6469 |
| of that agency, political subdivision, or taxing district, without | 6470 |
| any right of sublease or assignment, for a period not to exceed | 6471 |
| fifteen years, and provided that the director shall grant leases, | 6472 |
| easements, or licenses of university land for periods not to | 6473 |
| exceed twenty-five years for purposes approved by the respective | 6474 |
| university's board of trustees wherein the uses are compatible | 6475 |
| with the uses and needs of the university and may grant leases of | 6476 |
| university land for periods not to exceed forty years for purposes | 6477 |
| approved by the respective university's board of trustees pursuant | 6478 |
| to section 123.77 of the Revised Code. | 6479 |
| (10) To lease office space in buildings for the use of a | 6480 |
| state agency; | 6481 |
| (11) To have general supervision and care of the storerooms, | 6482 |
| offices, and buildings leased for the use of a state agency; | 6483 |
| (12) To exercise general custodial care of all real property | 6484 |
| of the state; | 6485 |
| (13) To assign and group together state offices in any city | 6486 |
| in the state and to establish, in cooperation with the state | 6487 |
| agencies involved, rules governing space requirements for office | 6488 |
| or storage use; | 6489 |
| (14) To lease for a period not to exceed forty years, | 6490 |
| pursuant to a contract providing for the construction thereof | 6491 |
| under a lease-purchase plan, buildings, structures, and other | 6492 |
| improvements for any public purpose, and, in conjunction | 6493 |
| therewith, to grant leases, easements, or licenses for lands under | 6494 |
| the control of a state agency for a period not to exceed forty | 6495 |
| years. The lease-purchase plan shall provide that at the end of | 6496 |
| the lease period, the buildings, structures, and related | 6497 |
| improvements, together with the land on which they are situated, | 6498 |
| shall become the property of the state without cost. | 6499 |
| (a) Whenever any building, structure, or other improvement is | 6500 |
| to be so leased by a state agency, the department shall retain | 6501 |
| either basic plans, specifications, bills of materials, and | 6502 |
| estimates of cost with sufficient detail to afford bidders all | 6503 |
| needed information or, alternatively, all of the following plans, | 6504 |
| details, bills of materials, and specifications: | 6505 |
| (i) Full and accurate plans suitable for the use of mechanics | 6506 |
| and other builders in the improvement; | 6507 |
| (ii) Details to scale and full sized, so drawn and | 6508 |
| represented as to be easily understood; | 6509 |
| (iii) Accurate bills showing the exact quantity of different | 6510 |
| kinds of material necessary to the construction; | 6511 |
| (iv) Definite and complete specifications of the work to be | 6512 |
| performed, together with such directions as will enable a | 6513 |
| competent mechanic or other builder to carry them out and afford | 6514 |
| bidders all needed information; | 6515 |
| (v) A full and accurate estimate of each item of expense and | 6516 |
| of the aggregate cost thereof. | 6517 |
| (b) The department shall give public notice, in such | 6518 |
| newspaper, in such form, and with such phraseology as the director | 6519 |
| of administrative services prescribes, published once each week | 6520 |
| for four consecutive weeks, of the time when and place where bids | 6521 |
| will be received for entering into an agreement to lease to a | 6522 |
| state agency a building, structure, or other improvement. The last | 6523 |
| publication shall be at least eight days preceding the day for | 6524 |
| opening the bids. The bids shall contain the terms upon which the | 6525 |
| builder would propose to lease the building, structure, or other | 6526 |
| improvement to the state agency. The form of the bid approved by | 6527 |
| the department shall be used, and a bid is invalid and shall not | 6528 |
| be considered unless that form is used without change, alteration, | 6529 |
| or addition. Before submitting bids pursuant to this section, any | 6530 |
| builder shall comply with Chapter 153. of the Revised Code. | 6531 |
| (c) On the day and at the place named for receiving bids for | 6532 |
| entering into lease agreements with a state agency, the director | 6533 |
| of administrative services shall open the bids and shall publicly | 6534 |
| proceed immediately to tabulate the bids upon duplicate sheets. No | 6535 |
| lease agreement shall be entered into until the bureau of workers' | 6536 |
| compensation has certified that the person to be awarded the lease | 6537 |
| agreement has complied with Chapter 4123. of the Revised Code, | 6538 |
| until, if the builder submitting the lowest and best bid is a | 6539 |
| foreign corporation, the secretary of state has certified that the | 6540 |
| corporation is authorized to do business in this state, until, if | 6541 |
| the builder submitting the lowest and best bid is a person | 6542 |
| nonresident of this state, the person has filed with the secretary | 6543 |
| of state a power of attorney designating the secretary of state as | 6544 |
| its agent for the purpose of accepting service of summons in any | 6545 |
| action brought under Chapter 4123. of the Revised Code, and until | 6546 |
| the agreement is submitted to the attorney general and the | 6547 |
| attorney general's approval is certified thereon. Within thirty | 6548 |
| days after the day on which the bids are received, the department | 6549 |
| shall investigate the bids received and shall determine that the | 6550 |
| bureau and the secretary of state have made the certifications | 6551 |
| required by this section of the builder who has submitted the | 6552 |
| lowest and best bid. Within ten days of the completion of the | 6553 |
| investigation of the bids, the department shall award the lease | 6554 |
| agreement to the builder who has submitted the lowest and best bid | 6555 |
| and who has been certified by the bureau and secretary of state as | 6556 |
| required by this section. If bidding for the lease agreement has | 6557 |
| been conducted upon the basis of basic plans, specifications, | 6558 |
| bills of materials, and estimates of costs, upon the award to the | 6559 |
| builder the department, or the builder with the approval of the | 6560 |
| department, shall appoint an architect or engineer licensed in | 6561 |
| this state to prepare such further detailed plans, specifications, | 6562 |
| and bills of materials as are required to construct the building, | 6563 |
| structure, or improvement. The department shall adopt such rules | 6564 |
| as are necessary to give effect to this section. The department | 6565 |
| may reject any bid. Where there is reason to believe there is | 6566 |
| collusion or combination among bidders, the bids of those | 6567 |
| concerned therein shall be rejected. | 6568 |
| (15) To acquire by purchase, gift, devise, or grant and to | 6569 |
| transfer, lease, or otherwise dispose of all real property | 6570 |
| required to assist in the development of a conversion facility as | 6571 |
| defined in section 5709.30 of the Revised Code as that section | 6572 |
| existed before its repeal by Amended Substitute House Bill 95 of | 6573 |
| the 125th general assembly; | 6574 |
| (16) To lease for a period not to exceed forty years, | 6575 |
| notwithstanding any other division of this section, the | 6576 |
| state-owned property located at 408-450 East Town Street, | 6577 |
| Columbus, Ohio, formerly the state school for the deaf, to a | 6578 |
| developer in accordance with this section. "Developer," as used in | 6579 |
| this section, has the same meaning as in section 123.77 of the | 6580 |
| Revised Code. | 6581 |
| Such a lease shall be for the purpose of development of the | 6582 |
| land for use by senior citizens by constructing, altering, | 6583 |
| renovating, repairing, expanding, and improving the site as it | 6584 |
| existed on June 25, 1982. A developer desiring to lease the land | 6585 |
| shall prepare for submission to the department a plan for | 6586 |
| development. Plans shall include provisions for roads, sewers, | 6587 |
| water lines, waste disposal, water supply, and similar matters to | 6588 |
| meet the requirements of state and local laws. The plans shall | 6589 |
| also include provision for protection of the property by insurance | 6590 |
| or otherwise, and plans for financing the development, and shall | 6591 |
| set forth details of the developer's financial responsibility. | 6592 |
| The department may employ, as employees or consultants, | 6593 |
| persons needed to assist in reviewing the development plans. Those | 6594 |
| persons may include attorneys, financial experts, engineers, and | 6595 |
| other necessary experts. The department shall review the | 6596 |
| development plans and may enter into a lease if it finds all of | 6597 |
| the following: | 6598 |
| (a) The best interests of the state will be promoted by | 6599 |
| entering into a lease with the developer; | 6600 |
| (b) The development plans are satisfactory; | 6601 |
| (c) The developer has established the developer's financial | 6602 |
| responsibility and satisfactory plans for financing the | 6603 |
| development. | 6604 |
| The lease shall contain a provision that construction or | 6605 |
| renovation of the buildings, roads, structures, and other | 6606 |
| necessary facilities shall begin within one year after the date of | 6607 |
| the lease and shall proceed according to a schedule agreed to | 6608 |
| between the department and the developer or the lease will be | 6609 |
| terminated. The lease shall contain such conditions and | 6610 |
| stipulations as the director considers necessary to preserve the | 6611 |
| best interest of the state. Moneys received by the state pursuant | 6612 |
| to this lease shall be paid into the general revenue fund. The | 6613 |
| lease shall provide that at the end of the lease period the | 6614 |
| buildings, structures, and related improvements shall become the | 6615 |
| property of the state without cost. | 6616 |
| (17) To lease to any person any tract of land owned by the | 6617 |
| state and under the control of the department, or any part of such | 6618 |
| a tract, for the purpose of drilling for or the pooling of oil or | 6619 |
| gas. Such a lease shall be granted for a period not exceeding | 6620 |
| forty years, with the full power to contract for, determine the | 6621 |
| conditions governing, and specify the amount the state shall | 6622 |
| receive for the purposes specified in the lease, and shall be | 6623 |
| prepared as in other cases. | 6624 |
| (18) To manage the use of space owned and controlled by the | 6625 |
| department, including space in property under the jurisdiction of | 6626 |
| the Ohio building authority, by doing all of the following: | 6627 |
| (a) Biennially implementing, by state agency location, a | 6628 |
| census of agency employees assigned space; | 6629 |
| (b) Periodically in the discretion of the director of | 6630 |
| administrative services: | 6631 |
| (i) Requiring each state agency to categorize the use of | 6632 |
| space allotted to the agency between office space, common areas, | 6633 |
| storage space, and other uses, and to report its findings to the | 6634 |
| department; | 6635 |
| (ii) Creating and updating a master space utilization plan | 6636 |
| for all space allotted to state agencies. The plan shall | 6637 |
| incorporate space utilization metrics. | 6638 |
| (iii) Conducting a cost-benefit analysis to determine the | 6639 |
| effectiveness of state-owned buildings; | 6640 |
| (iv) Assessing the alternatives associated with consolidating | 6641 |
| the commercial leases for buildings located in Columbus. | 6642 |
| (c) Commissioning a comprehensive space utilization and | 6643 |
| capacity study in order to determine the feasibility of | 6644 |
| consolidating existing commercially leased space used by state | 6645 |
| agencies into a new state-owned facility. | 6646 |
| (B) This section and section 125.02 of the Revised Code shall | 6647 |
| not interfere with any of the following: | 6648 |
| (1) The power of the adjutant general to purchase military | 6649 |
| supplies, or with the custody of the adjutant general of property | 6650 |
| leased, purchased, or constructed by the state and used for | 6651 |
| military purposes, or with the functions of the adjutant general | 6652 |
| as director of state armories; | 6653 |
| (2) The power of the director of transportation in acquiring | 6654 |
| rights-of-way for the state highway system, or the leasing of | 6655 |
| lands for division or resident district offices, or the leasing of | 6656 |
| lands or buildings required in the maintenance operations of the | 6657 |
| department of transportation, or the purchase of real property for | 6658 |
| garage sites or division or resident district offices, or in | 6659 |
| preparing plans and specifications for and constructing such | 6660 |
| buildings as the director may require in the administration of the | 6661 |
| department; | 6662 |
| (3) The power of the director of public safety and the | 6663 |
| registrar of motor vehicles to purchase or lease real property and | 6664 |
| buildings to be used solely as locations to which a deputy | 6665 |
| registrar is assigned pursuant to division (B) of section 4507.011 | 6666 |
| of the Revised Code and from which the deputy registrar is to | 6667 |
| conduct the deputy registrar's business, the power of the director | 6668 |
| of public safety to purchase or lease real property and buildings | 6669 |
| to be used as locations for division or district offices as | 6670 |
| required in the maintenance of operations of the department of | 6671 |
| public safety, and the power of the superintendent of the state | 6672 |
| highway patrol in the purchase or leasing of real property and | 6673 |
| buildings needed by the patrol, to negotiate the sale of real | 6674 |
| property owned by the patrol, to rent or lease real property owned | 6675 |
| or leased by the patrol, and to make or cause to be made repairs | 6676 |
| to all property owned or under the control of the patrol; | 6677 |
| (4) The power of the division of liquor control in the | 6678 |
| leasing or purchasing of retail outlets and warehouse facilities | 6679 |
| for the use of the division; | 6680 |
| (5) The power of the director of development to enter into | 6681 |
| leases of real property, buildings, and office space to be used | 6682 |
| solely as locations for the state's foreign offices to carry out | 6683 |
| the purposes of section 122.05 of the Revised Code; | 6684 |
| (6) The power of the director of environmental protection to | 6685 |
| enter into environmental covenants, to grant and accept easements, | 6686 |
| or to sell property pursuant to division (G) of section 3745.01 of | 6687 |
| the Revised Code. | 6688 |
| (C) Purchases for, and the custody and repair of, buildings | 6689 |
| under the management and control of the capitol square review and | 6690 |
| advisory board, the rehabilitation services commission, the bureau | 6691 |
| of workers' compensation, or the departments of public safety, job | 6692 |
| and family services, mental health, mental retardation and | 6693 |
| developmental disabilities, and rehabilitation and correction, and | 6694 |
| buildings of educational and benevolent institutions under the | 6695 |
| management and control of boards of trustees, are not subject to | 6696 |
| the control and jurisdiction of the department of administrative | 6697 |
| services. | 6698 |
| (D) Any instrument by which real property is acquired | 6699 |
| pursuant to this section shall identify the agency of the state | 6700 |
| that has the use and benefit of the real property as specified in | 6701 |
| section 5301.012 of the Revised Code. | 6702 |
| Sec. 123.152. (A) As used in this section, "EDGE business | 6703 |
| enterprise" means a sole proprietorship, association, partnership, | 6704 |
| corporation, limited liability corporation, or joint venture | 6705 |
| certified as a participant in the encouraging diversity, growth, | 6706 |
| and equity program by the director of administrative services | 6707 |
| under this section of the Revised Code. | 6708 |
| (B) The director of administrative services shall establish a | 6709 |
| business assistance program known as the encouraging diversity, | 6710 |
| growth, and equity program and shall adopt rules in accordance | 6711 |
| with Chapter 119. of the Revised Code to administer the program | 6712 |
| 6713 |
| (1) Establish procedures by which a sole proprietorship, | 6714 |
| association, partnership, corporation, limited liability | 6715 |
| corporation, or joint venture may apply for certification as an | 6716 |
| EDGE business enterprise; | 6717 |
| (2) | 6718 |
| section, establish agency procurement goals for contracting with | 6719 |
| EDGE business enterprises in the award of contracts under Chapters | 6720 |
| 123., 125., and 153. of the Revised Code based on the availability | 6721 |
| of eligible program participants by region or geographic area, as | 6722 |
| determined by the director, and by standard industrial code or | 6723 |
| equivalent code classification. | 6724 |
| (a) Goals established under division (B)(2) of this section | 6725 |
| shall be based on a percentage level of participation and a | 6726 |
| percentage of contractor availability. | 6727 |
| (b) Goals established under division (B)(2) of this section | 6728 |
| shall be applied at the contract level, relative to an overall | 6729 |
| dollar goal for each state agency, in accordance with the | 6730 |
| following certification categories: construction, architecture, | 6731 |
| and engineering; professional services; goods and services; and | 6732 |
| information technology services. | 6733 |
| (3) Establish a system of certifying EDGE business | 6734 |
| enterprises based on a requirement that the business owner or | 6735 |
| owners show both social and economic disadvantage based on the | 6736 |
| following, as determined to be sufficient by the director: | 6737 |
| (a) Relative wealth of the business seeking certification as | 6738 |
| well as the personal wealth of the owner or owners of the | 6739 |
| business; | 6740 |
| (b) Social disadvantage based on any of the following: | 6741 |
| (i) A rebuttable presumption when the business owner or | 6742 |
| owners demonstrate membership in a racial minority group or show | 6743 |
| personal disadvantage due to color, ethnic origin, gender, | 6744 |
| physical disability, long-term residence in an environment | 6745 |
| isolated from the mainstream of American society, location in an | 6746 |
| area of high unemployment; | 6747 |
| (ii) Some other demonstration of personal disadvantage not | 6748 |
| common to other small businesses; | 6749 |
| (iii) By business location in a qualified census tract. | 6750 |
| (c) Economic disadvantage based on economic and business size | 6751 |
| thresholds and eligibility criteria designed to stimulate economic | 6752 |
| development through contract awards to businesses located in | 6753 |
| qualified census tracts. | 6754 |
| (4) Establish standards to determine when an EDGE business | 6755 |
| enterprise no longer qualifies for EDGE business enterprise | 6756 |
| certification; | 6757 |
| (5) Develop a process for evaluating and adjusting goals | 6758 |
| established by this section to determine what adjustments are | 6759 |
| necessary to achieve participation goals established by the | 6760 |
| director; | 6761 |
| (6) Establish a point system or comparable system to evaluate | 6762 |
| bid proposals to encourage EDGE business enterprises to | 6763 |
| participate in the procurement of professional design and | 6764 |
| information technology services; | 6765 |
| (7) Establish a system to track data and analyze each | 6766 |
| certification category established under division (B)(2)(b) of | 6767 |
| this section; | 6768 |
| (8) Establish a process to mediate complaints and to review | 6769 |
| EDGE business enterprise certification appeals; | 6770 |
| (9) Implement an outreach program to educate potential | 6771 |
| participants about the encouraging diversity, growth, and equity | 6772 |
| program; | 6773 |
| (10) Establish a system to assist state agencies in | 6774 |
| identifying and utilizing EDGE business enterprises in their | 6775 |
| contracting processes; | 6776 |
| (11) Implement a system of self-reporting by EDGE business | 6777 |
| enterprises as well as an on-site inspection process to validate | 6778 |
| the qualifications of an EDGE business enterprise; | 6779 |
| (12) Establish a waiver mechanism to waive program goals or | 6780 |
| participation requirements for those companies that, despite their | 6781 |
| best-documented efforts, are unable to contract with certified | 6782 |
| EDGE business enterprises; | 6783 |
| (13) Establish a process for monitoring overall program | 6784 |
| compliance in which equal employment opportunity officers | 6785 |
| primarily are responsible for monitoring their respective | 6786 |
| agencies; | 6787 |
| (14) Establish guidelines for state universities as defined | 6788 |
| in section 3345.011 of the Revised Code and the Ohio school | 6789 |
| facilities commission created in section 3318.30 of the Revised | 6790 |
| Code for awarding contracts pursuant to Chapters 153., 3318., and | 6791 |
| 3345. of the Revised Code to allow the universities and commission | 6792 |
| to establish agency procurement goals for contracting with EDGE | 6793 |
| business enterprises. | 6794 |
| (C) | 6795 |
| 6796 | |
| 6797 | |
| 6798 | |
| trade secrets submitted by encouraging diversity, growth, and | 6799 |
| equity program applicants to the director pursuant to this section | 6800 |
| are not public records for purposes of section 149.43 of the | 6801 |
| Revised Code, unless the director presents the financial | 6802 |
| information or trade secrets at a public hearing or public | 6803 |
| proceeding regarding the applicant's eligibility to participate in | 6804 |
| the program. | 6805 |
| Sec. 123.17. (A) As used in this section, "institution of | 6806 |
| higher education" means a state university or college, as defined | 6807 |
| in section 3345.12 of the Revised Code, or a state community | 6808 |
| college. | 6809 |
| (B) | 6810 |
| shall establish a local administration competency certification | 6811 |
| program to certify institutions of higher education to administer | 6812 |
| capital facilities projects pursuant to section 3345.51 of the | 6813 |
| Revised Code without the supervision, control, or approval of the | 6814 |
| department of administrative services. The program shall offer | 6815 |
| instruction in the administration of capital facilities projects | 6816 |
| for employees of institutions of higher education who are | 6817 |
| responsible for such administration and who are selected by their | 6818 |
| employing institutions to participate in the program. | 6819 |
| (C) The program shall provide instruction about the | 6820 |
| provisions of Chapters 9., 123., and 153. of the Revised Code and | 6821 |
| any rules or policies adopted by the department regarding the | 6822 |
| planning, design, and construction of capital facilities, | 6823 |
| including all of the following: | 6824 |
| (1) The planning, design, and construction process; | 6825 |
| (2) Contract requirements; | 6826 |
| (3) Construction management; | 6827 |
| (4) Project management. | 6828 |
| (D) The state architect shall award local administration | 6829 |
| competency certification to any institution of higher education if | 6830 |
| all of the following apply: | 6831 |
| (1) The institution applied for certification on a form and | 6832 |
| in a manner prescribed by the state architect. | 6833 |
| (2) The state architect determines that a sufficient number | 6834 |
| of the institution's employees, representing a sufficient number | 6835 |
| of employee classifications, responsible for the administration of | 6836 |
| capital facilities projects | 6837 |
| certification program to ensure that any capital facilities | 6838 |
| project undertaken by the institution will be administered | 6839 |
| successfully and in accordance with all provisions of the Revised | 6840 |
| Code, and the board of trustees of the institution provides | 6841 |
| written assurance to the state architect that the institution will | 6842 |
| select new employees to participate in the certification program | 6843 |
| as necessary to compensate for employee turnover. | 6844 |
| (3) The state architect determines that the employees of the | 6845 |
| institution enrolled in the program demonstrate successful | 6846 |
| completion of the competency certification training and a | 6847 |
| satisfactory level of knowledge of and competency in the | 6848 |
| requirements for administering capital facilities projects. | 6849 |
| (4) The institution pays the fee prescribed by division | 6850 |
| 6851 |
| (5) The board of trustees of the institution provides written | 6852 |
| assurance to the state architect that the institution will conduct | 6853 |
| biennial audits of the institution's administration of capital | 6854 |
| facilities projects in accordance with division (C) of section | 6855 |
| 3345.51 of the Revised Code. | 6856 |
| (6) The board of trustees of the institution agrees in | 6857 |
| writing to indemnify and hold harmless the state and the | 6858 |
| department for any claim of injury, loss, or damage that results | 6859 |
| from the institution's administration of a capital facilities | 6860 |
| project. | 6861 |
| (E) Local administration competency certification granted | 6862 |
| under this section shall remain in effect for as long as the Ohio | 6863 |
| board of regents determines that both of the following apply: | 6864 |
| (1) The institution of higher education maintains a | 6865 |
| sufficient number of employees responsible for the administration | 6866 |
| of capital facilities projects who have successfully completed the | 6867 |
| certification program and have demonstrated a satisfactory level | 6868 |
| of knowledge of and competency in the requirements for | 6869 |
| administering capital facilities projects; | 6870 |
| (2) The institution is performing the biennial audits | 6871 |
| prescribed in division (C) of section 3345.51 of the Revised Code. | 6872 |
| If the board of regents determines that an institution of | 6873 |
| higher education has failed to comply with the conditions of | 6874 |
| division (E)(1) or (2) of this section, the board shall notify the | 6875 |
| state architect of that fact. Upon such notification, the state | 6876 |
| architect shall revoke the institution's certification and shall | 6877 |
| notify the board of trustees of the institution in writing of the | 6878 |
| revocation. | 6879 |
| (F) The state architect shall establish, subject to the | 6880 |
| approval of the director of budget and management, the amount of | 6881 |
| the fee required to be paid by any institution of higher education | 6882 |
| that seeks certification under this section. The amount of the | 6883 |
| fees shall be set to cover the costs to implement this section, | 6884 |
| including the costs for materials and the competency certification | 6885 |
| training sessions. Any fees received under this section shall be | 6886 |
| paid into the state treasury to the credit of the state | 6887 |
| architect's fund established under section 123.10 of the Revised | 6888 |
| Code. | 6889 |
| | 6890 |
| that administers a capital facilities project under section | 6891 |
| 3345.51 of the Revised Code from requesting guidance or other | 6892 |
| services from the department of administrative services. | 6893 |
| Sec. 124.01. | 6894 |
| chapter, as used in | 6895 |
| (A) "Civil service" includes all offices and positions of | 6896 |
| trust or employment in the service of the state and in the service | 6897 |
| of the counties, cities, city health districts, general health | 6898 |
| districts, and city
school districts | 6899 |
| (B) "State service" includes all | 6900 |
| in the service of the state | 6901 |
| districts | 6902 |
| include offices and positions in the service of the cities, city | 6903 |
| health districts, and city school districts of the state. | 6904 |
| (C) "Classified service" means the competitive classified | 6905 |
| civil service of the state, the several counties, cities, city | 6906 |
| health districts, general health districts, and city school | 6907 |
| districts
| 6908 |
| (D) "Appointing authority" means the officer, commission, | 6909 |
| board, or body having the power of appointment to, or removal | 6910 |
| from, positions in any office, department, commission, board, or | 6911 |
| institution. | 6912 |
| (E) "Commission" means the municipal civil service commission | 6913 |
| of any city, except that, when in reference to the commission that | 6914 |
| serves a city school district, "commission" means the civil | 6915 |
| service commission determined under section 124.011 of the Revised | 6916 |
| Code. | 6917 |
| (F) "Employee" means any person holding a position subject to | 6918 |
| appointment, removal, promotion, or reduction by an appointing | 6919 |
| officer. | 6920 |
| (G) "Civil service township" means any township with a | 6921 |
| population of ten thousand or more persons residing within the | 6922 |
| township and outside any municipal corporation, which has a police | 6923 |
| or fire department of ten or more full-time paid
employees | 6924 |
| which has a civil service commission established under division | 6925 |
| (B) of section 124.40 of the Revised Code. | 6926 |
| (H) "Flexible hours employee" means an employee who may work | 6927 |
| more or less than eight hours on any given day so long as | 6928 |
| employee works forty hours in the same week. | 6929 |
| (I) "Classification series" means any group of classification | 6930 |
| titles that have the identical name but different numerical | 6931 |
| designations, or identical titles except for designated levels of | 6932 |
| supervision, except for those classification series established by | 6933 |
| the director of administrative services in accordance with | 6934 |
| division (A) of section 124.14 of the Revised Code. | 6935 |
| (J) "Classification change" means a change in an employee's | 6936 |
| classification in the job classification plan. | 6937 |
| (K) "Service of the state" or "civil service of the state" | 6938 |
| includes all offices and positions of trust or employment with the | 6939 |
| government of the state. "Service of the state" and "civil service | 6940 |
| of the state" do not include offices and positions of trust or | 6941 |
| employment with state-supported colleges and universities, | 6942 |
| counties, cities, city health districts, city school districts, | 6943 |
| general health districts, and civil service townships of the | 6944 |
| state. | 6945 |
| Sec. 124.02. The director of administrative services, with | 6946 |
| regard to offices and positions of trust or employment in the | 6947 |
| service of the state, and the state personnel board of review | 6948 |
| shall exercise all functions, powers, and duties that formerly | 6949 |
| were by law devolved upon, vested in, and imposed upon the state | 6950 |
| civil service
commission | 6951 |
| members of that commission, and | 6952 |
| representatives. | 6953 |
| Whenever in any law or rule of this state or any political | 6954 |
| subdivision, "state civil service commission," "commission," | 6955 |
| "commissioner," or "member," meaning the state civil service | 6956 |
| commission or the offices of commissioners or members
of | 6957 |
| commission, is used, | 6958 |
| referring to the department of administrative services, the | 6959 |
| director of administrative services, the state personnel board of | 6960 |
| review, or the members of the state personnel board of review, as | 6961 |
| this chapter may require. | 6962 |
| Sec. 124.04. In addition to those powers enumerated in | 6963 |
| Chapters 123. and 125. of the Revised Code and as provided | 6964 |
| elsewhere by law, the powers, duties, and functions of the | 6965 |
| department of administrative services not specifically vested in | 6966 |
| and assigned to, or to be performed by, the state personnel board | 6967 |
| of review are hereby vested in and assigned to, and shall be | 6968 |
| performed by, the director of administrative services. These | 6969 |
| powers, duties, and functions shall include, but shall not be | 6970 |
| limited to, the following powers, duties, and functions: | 6971 |
| (A) To prepare, conduct, and grade all competitive | 6972 |
|
examinations for positions in the classified | 6973 |
| of the state; | 6974 |
| (B) To prepare, conduct, and grade all noncompetitive | 6975 |
|
examinations for positions in the classified | 6976 |
| of the state; | 6977 |
| (C) To prepare eligible lists containing the names of persons | 6978 |
| qualified for appointment to positions in the classified
| 6979 |
| civil service of the state; | 6980 |
| (D) To prepare or amend, in accordance with section 124.14 of | 6981 |
| the Revised Code, specifications descriptive of duties, | 6982 |
| responsibilities, requirements, and desirable qualifications of | 6983 |
|
the various classifications of positions in the | 6984 |
| the state; | 6985 |
| (E) To allocate and reallocate, upon the motion of the | 6986 |
| director or upon request of an appointing authority and in | 6987 |
| accordance with section 124.14 of the Revised Code, any position, | 6988 |
|
office, or employment in the | 6989 |
| appropriate classification on the basis of the duties, | 6990 |
| responsibilities, requirements, and qualifications of that | 6991 |
| position, office, or employment; | 6992 |
| (F) To develop and conduct personnel recruitment services for | 6993 |
| positions in the | 6994 |
| (G) To conduct research on specifications, classifications, | 6995 |
|
and salaries of positions in the | 6996 |
| (H) To develop and conduct personnel training programs in | 6997 |
| cooperation with appointing authorities of positions in the | 6998 |
| service of the state; | 6999 |
| (I) To include periodically in communications sent to state | 7000 |
| employees both of the following: | 7001 |
| (1) Information developed under section 2108.15 of the | 7002 |
| Revised Code promoting the donation of anatomical gifts under | 7003 |
| Chapter 2108. of the Revised Code; | 7004 |
| (2) Information about the liver or kidney donor and bone | 7005 |
| marrow donor leave granted under section 124.139 of the Revised | 7006 |
| Code. | 7007 |
| (J) To enter into agreements with universities and colleges | 7008 |
|
for in-service training of personnel | 7009 |
| authorized by law; | 7010 |
| (K) To appoint examiners, inspectors, clerks, and other | 7011 |
| assistants necessary in the exercise of the powers and performance | 7012 |
| of the duties and functions which the director is by law | 7013 |
| authorized and required to exercise and perform, and to prescribe | 7014 |
| the duties of all of those employees; | 7015 |
| (L) To maintain a journal, which shall be open to public | 7016 |
| inspection, in which the director shall keep a record of the | 7017 |
| director's final decision pertaining to the classification or | 7018 |
|
reclassification of positions in the | 7019 |
| service of the state and assignment or reassignment of employees | 7020 |
| in the | 7021 |
| position classifications; | 7022 |
| (M) To delegate any of the powers, functions, or duties | 7023 |
| granted or assigned to the director under this chapter to any | 7024 |
| other state agency of this state as the director considers | 7025 |
|
necessary | 7026 |
| | 7027 |
| 7028 | |
| 7029 | |
| 7030 |
| Sec. 124.07. (A) The director of administrative services | 7031 |
| shall
appoint | 7032 |
| assistants
as | 7033 |
| of the Revised Code. The director may designate persons in or out | 7034 |
| of
the | 7035 |
| assistants under the director's direction. An examiner or | 7036 |
|
assistant shall
receive | 7037 |
| actually and necessarily spent in the discharge of duties as an | 7038 |
| examiner
or assistant | 7039 |
| determines; provided | 7040 |
| is in the | 7041 |
| 7042 | |
| assistant's official duties to render | 7043 |
|
connection with | 7044 |
| (B)(1) Each state agency and each state-supported college | 7045 |
| or university shall pay the cost of the services and facilities | 7046 |
| furnished to it by the department of administrative services that | 7047 |
| are necessary to provide and maintain payroll services as | 7048 |
| prescribed in section 125.21 of the Revised Code and state merit | 7049 |
| standards as prescribed in sections 124.01 to 124.64 of the | 7050 |
|
Revised Code for the agency | 7051 |
| university. If a municipal corporation chooses to use the services | 7052 |
| and facilities furnished by the department that are necessary to | 7053 |
| provide and maintain the standards so prescribed, the municipal | 7054 |
| corporation shall pay the cost of the services and facilities that | 7055 |
| the
department furnishes to it. | 7056 |
| Subject to division (B)(2) of this section, the charges | 7057 |
| against a state agency, a state-supported college or university, | 7058 |
| or a municipal corporation shall be computed on a reasonable cost | 7059 |
| basis in accordance with procedures prescribed by the director of | 7060 |
| budget and management. | 7061 |
| (2) The department shall biennially report to the governor, | 7062 |
| the speaker of the house of representatives, and the president of | 7063 |
| the senate regarding the components of the formula that the | 7064 |
| department uses to determine the amounts it charges each state | 7065 |
| agency and state-supported college or university under division | 7066 |
| (B)(1) of this section. The formula shall require that the charges | 7067 |
| that a state agency or a state-supported college or university | 7068 |
| must pay shall decrease as the percentage of the employees of that | 7069 |
| state agency or state-supported college or university who are in | 7070 |
| the unclassified civil services increases. Before calculating and | 7071 |
| assessing the amount of the charges that a state agency in which | 7072 |
| all of the employees are in the unclassified civil service must | 7073 |
| pay, the department shall negotiate the amount with that state | 7074 |
| agency. | 7075 |
| (3) Any moneys
the department | 7076 |
| receives from | 7077 |
| or university, or a municipal corporation | 7078 |
| division that are in excess of the amount necessary to pay the | 7079 |
| cost of
furnishing | 7080 |
| during any fiscal year shall be either refunded to or credited for | 7081 |
| the ensuing fiscal year to the state agency, the state-supported | 7082 |
| college | 7083 |
| 7084 |
| (C) The director of administrative services may enter into an | 7085 |
| agreement with any municipal corporation or other political | 7086 |
| subdivision to furnish services and facilities of the department | 7087 |
| 7088 | |
|
program or other functions related to human resources. | 7089 |
| agreement shall provide that the department shall be reimbursed | 7090 |
|
for the reasonable
costs of | 7091 |
| determined by the director. | 7092 |
| (D) All moneys received by the department | 7093 |
| 7094 | |
| human resources services performed and facilities furnished under | 7095 |
| this section shall be paid into the state treasury to the credit | 7096 |
| of the human resources services fund, which is hereby created. | 7097 |
| (E) In counties of the state in which are located cities | 7098 |
| having municipal civil service commissions, the director of | 7099 |
| administrative services may designate the municipal civil service | 7100 |
| commission of the largest city within
| 7101 |
| director's agent for the purpose of
carrying out | 7102 |
| provisions of sections 124.01 to 124.64 of the Revised Code, | 7103 |
|
within | 7104 |
| Each municipal civil service commission designated as an agent of | 7105 |
| the director shall render to the director, at the end of each | 7106 |
| month, | 7107 |
| incurred by | 7108 |
| director, and the director | 7109 |
| statement, shall pay the total amount of it to the treasurer of | 7110 |
| 7111 | |
| expenses of the department of administrative services. | 7112 |
| (F) The director | 7113 |
| examiners, inspectors, clerks, and assistants referred to in this | 7114 |
| section
shall receive, in addition to their salaries, | 7115 |
| reimbursement for
| 7116 |
| 7117 | |
| director may also incur the necessary expenses for stationery, | 7118 |
| printing, and other supplies incident to the business of the | 7119 |
| department | 7120 |
| Sec. 124.09. The director of administrative services shall | 7121 |
| do all of the following: | 7122 |
| (A) Prescribe, amend, and enforce administrative rules for | 7123 |
| the purpose of carrying out the functions, powers, and duties | 7124 |
| vested in and imposed upon the director by this chapter. Except in | 7125 |
| the case of rules adopted pursuant to section 124.14 of the | 7126 |
| Revised Code, the prescription, amendment, and enforcement of | 7127 |
| rules under this division are subject to approval, disapproval, or | 7128 |
| modification by the state personnel board of review. | 7129 |
| (B) Keep records of the director's proceedings and records of | 7130 |
| all applications for examinations and all examinations conducted | 7131 |
| by
the director. All | 7132 |
| and recommendations of former employers, shall be open to public | 7133 |
| inspection under reasonable regulations; provided the governor, or | 7134 |
| any person designated by the governor, may, for the purpose of | 7135 |
| investigation, have
free access to all | 7136 |
| whenever the governor has reason to believe that this chapter, or | 7137 |
| the administrative rules of the director prescribed
under | 7138 |
| 7139 |
| (C) Prepare, continue, and keep in the office of the | 7140 |
| department a complete roster of all persons in the classified | 7141 |
| civil
service | 7142 |
| the state. This roster shall be open to public inspection at all | 7143 |
| reasonable hours. It shall show in reference to each of those | 7144 |
| persons, the person's name, address, date of appointment to or | 7145 |
| employment in the classified civil service of the state, and | 7146 |
| salary or compensation, the title of the place or office that the | 7147 |
| person holds, the nature of the duties of that place or office, | 7148 |
| and, in case of the person's removal or resignation, the date of | 7149 |
| the termination of that service. | 7150 |
| (D) Approve the establishment of all new positions in the | 7151 |
| civil service of the state and the reestablishment of abolished | 7152 |
| positions. | 7153 |
| (E) Require the abolishment of any position in the civil | 7154 |
| service of the state that is not filled after a period of twelve | 7155 |
| months unless it is determined that the position is seasonal in | 7156 |
| nature or that the vacancy is otherwise justified. | 7157 |
| (F) Make investigations concerning all matters touching the | 7158 |
| enforcement and effect of this chapter and the administrative | 7159 |
| rules of the director prescribed under this chapter. In the course | 7160 |
| of | 7161 |
| deputy may administer oaths and affirmations and take testimony | 7162 |
| relative to any matter which the director has authority to | 7163 |
| investigate. | 7164 |
| (G) Have the power to subpoena and require the attendance and | 7165 |
| testimony of witnesses and the production of books, papers, public | 7166 |
| records, and other documentary evidence pertinent to the | 7167 |
| investigations, inquiries, or hearings on any matter which the | 7168 |
| director has authority to investigate, inquire into, or hear, and | 7169 |
| to examine them in relation to any matter which the director has | 7170 |
| authority to investigate, inquire into, or hear. Fees shall be | 7171 |
| allowed to
witnesses | 7172 |
| shall be paid
by the treasurer of state | 7173 |
| municipal or civil service township civil service commissions, by | 7174 |
| the county treasurer, for attendance and traveling, as is provided | 7175 |
| in section 2335.06 of the Revised Code for witnesses in courts of | 7176 |
|
record. | 7177 |
| All officers in the civil service of the state or in the | 7178 |
| civil service of any of
the political subdivisions | 7179 |
| state and their deputies, clerks, and employees shall attend and | 7180 |
| testify when summoned to do so by the director or the state | 7181 |
| personnel board of review. Depositions of witnesses may be taken | 7182 |
| by the director or the board, or any
member | 7183 |
| in the manner prescribed by law for like depositions in civil | 7184 |
| actions in the courts of common pleas. In case any person, in | 7185 |
| disobedience to any subpoena issued by the
director | 7186 |
| 7187 | |
| or refuses to attend and testify to any matter regarding which the | 7188 |
| person may be lawfully interrogated, or produce any documentary | 7189 |
| evidence pertinent to any investigation, inquiry, or hearing, the | 7190 |
| court of common pleas of any county, or any judge
| 7191 |
| court of common pleas of any county, where | 7192 |
| failure, or refusal occurs,
upon application of the director | 7193 |
| the board, | 7194 |
| civil service township civil service
commission, | 7195 |
| commissioner | 7196 |
| examiner, shall compel obedience by attachment proceedings for | 7197 |
| contempt as in the case of disobedience of the requirements of a | 7198 |
| subpoena
issued from | 7199 |
| 7200 |
| (H) Make a report to the governor, on or before the first day | 7201 |
| of January of each year, showing the director's actions, the rules | 7202 |
|
and all exceptions | 7203 |
| recommendations for the more effectual accomplishment of the | 7204 |
| purposes of this chapter. The director shall also furnish any | 7205 |
| special reports to the governor whenever the governor requests | 7206 |
|
them. | 7207 |
| under the same regulations as are the reports of other state | 7208 |
| officers, boards, or commissions. | 7209 |
| Sec. 124.11. The civil service of the state and the civil | 7210 |
| service of the several counties, cities, civil service townships, | 7211 |
| city health districts, general health districts, and city school | 7212 |
| districts
| 7213 |
| unclassified service and the classified service. | 7214 |
| (A) The unclassified service shall comprise the following | 7215 |
|
positions, which shall not be included in the classified service | 7216 |
| and which shall be exempt from all examinations required by this | 7217 |
| chapter: | 7218 |
| (1) All officers elected by popular vote or persons appointed | 7219 |
| to fill vacancies in | 7220 |
| (2) All election officers as defined in section 3501.01 of | 7221 |
| the Revised Code; | 7222 |
| (3) The members of all boards and commissions, and heads of | 7223 |
| principal departments, boards, and commissions appointed by the | 7224 |
| governor or by and with the governor's consent; and the members of | 7225 |
| all boards and commissions and all heads of departments appointed | 7226 |
| by the mayor, or, if there is no mayor, such other similar chief | 7227 |
|
appointing authority of any city or city school district | 7228 |
| Except as otherwise provided in division (A)(17) or (C) of this | 7229 |
| section, this chapter does not exempt the chiefs of police | 7230 |
| departments and chiefs of fire departments of cities or civil | 7231 |
| service townships
from the competitive classified service | 7232 |
| (4) The members of county or district licensing boards or | 7233 |
| commissions and boards of revision, and deputy county auditors; | 7234 |
| (5) All officers and employees elected or appointed by either | 7235 |
| or both branches of the general assembly, and | 7236 |
| the city legislative authority | 7237 |
| duties; | 7238 |
| (6) All commissioned, warrant, and noncommissioned officers | 7239 |
| and enlisted persons in the Ohio organized militia, including | 7240 |
| military appointees in the adjutant general's department; | 7241 |
| (7)(a) All presidents, business managers, administrative | 7242 |
| officers, superintendents, assistant superintendents, principals, | 7243 |
| deans, assistant deans, instructors, teachers, and such employees | 7244 |
| as are engaged in educational or research duties connected with | 7245 |
| the public school system, colleges, and universities, as | 7246 |
| determined by the governing body of the public school system, | 7247 |
| colleges, and universities; | 7248 |
| (b) The library staff of any library in the state supported | 7249 |
| wholly or in part at public expense. | 7250 |
| (8) Four clerical and administrative support employees for | 7251 |
|
each of the elective state officers | 7252 |
| administrative support employees for other elective officers and | 7253 |
| each of the principal appointive executive officers, boards, or | 7254 |
| commissions, except for civil service commissions, that are | 7255 |
| authorized to appoint such clerical and administrative support | 7256 |
|
employees | 7257 |
| clerical or administrative support employee, the employee shall | 7258 |
| receive notification of the unclassified service designation in | 7259 |
| writing, and a copy of the notification shall be kept in the | 7260 |
| employee's personnel file. | 7261 |
| (9) The deputies and assistants of state agencies authorized | 7262 |
| to act for and on behalf of the agency, or holding a fiduciary or | 7263 |
| administrative relation to that agency and those persons employed | 7264 |
| by and directly responsible to elected county officials or a | 7265 |
| county administrator and holding a fiduciary or administrative | 7266 |
| relationship to such elected county officials or county | 7267 |
| administrator, and the employees of such county officials whose | 7268 |
| fitness would be impracticable to determine by competitive | 7269 |
| examination, provided that division (A)(9) of this section shall | 7270 |
| not affect those persons in county employment in the classified | 7271 |
| service as of September 19, 1961. Nothing in division (A)(9) of | 7272 |
| this section applies to any position in a county department of job | 7273 |
| and family services created pursuant to Chapter 329. of the | 7274 |
| Revised Code. | 7275 |
| (10) Bailiffs, constables, official stenographers, and | 7276 |
| commissioners of courts of record, deputies of clerks of the | 7277 |
| courts of common pleas who supervise, or who handle public moneys | 7278 |
| or secured documents, and such officers and employees of courts of | 7279 |
| record and such deputies of clerks of the courts of common pleas | 7280 |
| as the director of administrative services finds it impracticable | 7281 |
| to determine their fitness by competitive examination; | 7282 |
| (11) Assistants to the attorney general, special counsel | 7283 |
| appointed or employed by the attorney general, assistants to | 7284 |
| county prosecuting attorneys, and assistants to city directors of | 7285 |
| law; | 7286 |
| (12) Such teachers and employees in the agricultural | 7287 |
| experiment stations; such students in normal schools, colleges, | 7288 |
| and universities of the state who are employed by the state or a | 7289 |
| political subdivision of the state in student or intern | 7290 |
| classifications; and such unskilled labor positions as the | 7291 |
| director of administrative services or any municipal civil service | 7292 |
| commission may find it impracticable to include in the competitive | 7293 |
| classified service; provided such exemptions shall be by order of | 7294 |
| the commission or the director, duly entered on the record of the | 7295 |
| commission or the director with the reasons for each such | 7296 |
| exemption; | 7297 |
| (13) Any physician or dentist who is a full-time employee of | 7298 |
| the department of mental health or the department of mental | 7299 |
| retardation and developmental disabilities or of an institution | 7300 |
| under the jurisdiction of either department; and physicians who | 7301 |
| are in residency programs at the institutions; | 7302 |
| (14) Up to twenty positions at each institution under the | 7303 |
| jurisdiction of the department of mental health or the department | 7304 |
| of mental retardation and developmental disabilities that the | 7305 |
| department director determines to be primarily administrative or | 7306 |
| managerial; and up to fifteen positions in any division of either | 7307 |
| department, excluding administrative assistants to the director | 7308 |
| and division chiefs, which are within the immediate staff of a | 7309 |
| division chief and which the director determines to be primarily | 7310 |
| and distinctively administrative and managerial; | 7311 |
| (15) Noncitizens of the United States employed by the state, | 7312 |
| or its counties or cities, as physicians or nurses who are duly | 7313 |
| licensed to practice their respective professions under the laws | 7314 |
| of | 7315 |
| disease hospitals, or institutions; | 7316 |
| (16) Employees of the governor's office; | 7317 |
| (17) Fire chiefs and chiefs of police in civil service | 7318 |
| townships appointed by boards of township trustees under section | 7319 |
| 505.38 or 505.49 of the Revised Code; | 7320 |
| (18) Executive directors, deputy directors, and program | 7321 |
| directors employed by boards of alcohol, drug addiction, and | 7322 |
| mental health services under Chapter 340. of the Revised Code, and | 7323 |
| secretaries of the executive directors, deputy directors, and | 7324 |
| program directors; | 7325 |
| (19) Superintendents, and management employees as defined in | 7326 |
| section 5126.20 of the Revised Code, of county boards of mental | 7327 |
| retardation and developmental disabilities; | 7328 |
| (20) Physicians, nurses, and other employees of a county | 7329 |
| hospital who are appointed pursuant to sections 339.03 and 339.06 | 7330 |
| of the Revised Code; | 7331 |
| (21) The executive director of the state medical board, who | 7332 |
| is appointed pursuant to division (B) of section 4731.05 of the | 7333 |
| Revised Code; | 7334 |
| (22) County directors of job and family services as provided | 7335 |
| in section 329.02 of the Revised Code and administrators appointed | 7336 |
| under section 329.021 of the Revised Code; | 7337 |
| (23) A director of economic development who is hired pursuant | 7338 |
| to division (A) of section 307.07 of the Revised Code; | 7339 |
| (24) Chiefs of construction and compliance, of operations and | 7340 |
| maintenance, and of licensing and certification in the division of | 7341 |
| industrial compliance in the department of commerce; | 7342 |
| (25) The executive director of a county transit system | 7343 |
| appointed under division (A) of section 306.04 of the Revised | 7344 |
| Code; | 7345 |
| (26) Up to five positions at each of the administrative | 7346 |
| departments listed in section 121.02 of the Revised Code and at | 7347 |
| the department of taxation, department of the adjutant general, | 7348 |
| department of education, Ohio board of regents, bureau of workers' | 7349 |
| compensation, industrial commission, state lottery commission, and | 7350 |
| public utilities commission of Ohio that the head of that | 7351 |
| administrative department or of that other state agency determines | 7352 |
| to be involved in policy development and implementation. The head | 7353 |
| of the administrative department or other state agency shall set | 7354 |
| the compensation for employees in these positions at a rate that | 7355 |
| is not less than the minimum compensation specified in pay range | 7356 |
| 41 but not more than the maximum compensation specified in pay | 7357 |
| range 44 of salary schedule E-2 in section 124.152 of the Revised | 7358 |
| Code. The authority to establish positions in the unclassified | 7359 |
| service under division (A)(26) of this section is in addition to | 7360 |
| and does not limit any other authority that an administrative | 7361 |
| department or state agency has under the Revised Code to establish | 7362 |
| positions, appoint employees, or set compensation. | 7363 |
| (27) Employees of the department of agriculture employed | 7364 |
| under section 901.09 of the Revised Code; | 7365 |
| (28) For cities, counties, civil service townships, city | 7366 |
| health districts, general health districts, and city school | 7367 |
| districts, the deputies and assistants of elective or principal | 7368 |
| executive officers authorized to act for and in the place of their | 7369 |
| principals or holding a fiduciary relation to their principals; | 7370 |
| (29) Employees who receive external interim, intermittent, or | 7371 |
| temporary appointments under division (B) of section 124.30 of the | 7372 |
| Revised Code; | 7373 |
| (30) Employees appointed to administrative staff positions | 7374 |
| for which an appointing authority is given specific statutory | 7375 |
| authority to set compensation; | 7376 |
| (31) Employees appointed to highway patrol cadet or highway | 7377 |
| patrol cadet candidate classifications. | 7378 |
| (B) The classified service shall comprise all persons in the | 7379 |
| employ of the state and the several counties, cities, city health | 7380 |
| districts, general health districts, and city school districts | 7381 |
| 7382 | |
| unclassified service. Upon the creation by the board of trustees | 7383 |
| of a civil service township civil service commission, the | 7384 |
| classified service shall also comprise, except as otherwise | 7385 |
| provided in division (A)(17) or (C) of this section, all persons | 7386 |
| in the employ of a civil service township police or fire | 7387 |
| 7388 | |
| employees. The classified service consists of two classes, which | 7389 |
| shall be designated as the competitive class and the unskilled | 7390 |
| labor class. | 7391 |
| (1) The competitive class shall include all positions and | 7392 |
| employments in the state and the counties, cities, city health | 7393 |
| districts, general health districts, and city school districts | 7394 |
| 7395 | |
| trustees of a civil service township of a township civil service | 7396 |
| commission, all positions in a civil service township police or | 7397 |
| fire | 7398 |
| employees, for which it is practicable to determine the merit and | 7399 |
| fitness of applicants by competitive examinations. Appointments | 7400 |
| shall be made to, or employment shall be given in, all positions | 7401 |
| in the competitive class that are not filled by promotion, | 7402 |
| reinstatement, transfer, or reduction, as provided in this | 7403 |
| chapter, and the rules of the director of administrative services, | 7404 |
| by appointment from those certified to the appointing officer in | 7405 |
| accordance with this chapter. | 7406 |
| (2) The unskilled labor class shall include ordinary | 7407 |
| unskilled laborers. Vacancies in the labor class shall be filled | 7408 |
| by appointment from lists of applicants registered by the director | 7409 |
| or a commission, as applicable. The director or the commission, by | 7410 |
| rule, shall require an applicant for registration in the labor | 7411 |
| class to furnish | 7412 |
| or commission considers proper with respect to age, residence, | 7413 |
| physical condition, ability to labor, honesty, sobriety, industry, | 7414 |
| capacity, and experience in the work or employment for which | 7415 |
| application is made. Laborers who fulfill the requirements shall | 7416 |
| be placed on the eligible list for the kind of labor or employment | 7417 |
| sought, and preference shall be given in employment in accordance | 7418 |
| with the rating received from | 7419 |
| tests. Upon the request of an appointing officer, stating the kind | 7420 |
| of labor needed, the pay and probable length of employment, and | 7421 |
| the number to be employed, the director or commission shall | 7422 |
| certify from the highest on the list double the number to be | 7423 |
| employed; from this number, the appointing officer shall appoint | 7424 |
| the number actually needed for the particular work. If more than | 7425 |
| one applicant receives the same rating, priority in time of | 7426 |
| application shall determine the order in which their names shall | 7427 |
| be certified for appointment. | 7428 |
| (C) A municipal or civil service township civil service | 7429 |
| commission may place volunteer firefighters who are paid on a | 7430 |
| fee-for-service basis in either the classified or the unclassified | 7431 |
| civil service. | 7432 |
| (D) This division does not apply to persons in the | 7433 |
| unclassified service who have the right to resume positions in the | 7434 |
| classified service under sections 4121.121, 5119.071, 5120.07, | 7435 |
| 5120.38, 5120.381, 5120.382, 5123.08, 5139.02, and 5501.19 of the | 7436 |
| Revised Code. | 7437 |
| An appointing authority whose employees are paid directly by | 7438 |
| warrant of the auditor of state may appoint a person who holds a | 7439 |
| certified position in the classified service within the appointing | 7440 |
| authority's agency to a position in the unclassified service | 7441 |
| within that agency. A person appointed pursuant to this division | 7442 |
| to a position in the unclassified service shall retain the right | 7443 |
| to resume the position and status held by the person in the | 7444 |
| classified service immediately prior to the person's appointment | 7445 |
| to the position in the unclassified service, regardless of the | 7446 |
| number of positions the person held in the unclassified service. | 7447 |
| Reinstatement to a position in the classified service shall be to | 7448 |
| a position substantially equal to that position in the classified | 7449 |
| service | 7450 |
| 7451 | |
| previously held in the classified service has been placed in the | 7452 |
| unclassified service or is otherwise unavailable, the person shall | 7453 |
| be appointed to a position in the classified service within the | 7454 |
| appointing authority's agency
that | 7455 |
| 7456 | |
| the position the person previously held in the classified service. | 7457 |
| Service in the position in the unclassified service shall be | 7458 |
| counted as service in the position in the classified service held | 7459 |
| by the person immediately prior to the person's appointment to the | 7460 |
| position in the unclassified service. When a person is reinstated | 7461 |
| to a position in the classified service as provided in this | 7462 |
| division, the person is entitled to all rights, status, and | 7463 |
| benefits accruing to the position in the classified service during | 7464 |
| the person's time of service in the position in the unclassified | 7465 |
| service. | 7466 |
| Sec. 124.133. The director of administrative services may | 7467 |
| establish, by rule adopted under Chapter 119. of the Revised Code, | 7468 |
| an experimental program to be implemented on a limited basis only | 7469 |
| which grants to employees in the service of the state vacation | 7470 |
| leave, sick leave, disability leave, personal leave, life | 7471 |
| insurance, or medical insurance benefits that differ from these | 7472 |
| benefits as granted by sections 124.13, 124.134, 124.382, 124.385, | 7473 |
| 124.386, 124.81, and 124.82 of the Revised Code. However, this | 7474 |
| program shall not reduce the number of hours of vacation leave, | 7475 |
| sick leave, or personal leave which an employee has accrued as of | 7476 |
| the effective date of the rule. | 7477 |
| Sec. 124.14. (A)(1) The director of administrative services | 7478 |
| shall establish, and may modify or repeal, by rule, a job | 7479 |
|
classification plan for all | 7480 |
| 7481 | |
| the civil service of the state. The director shall group jobs | 7482 |
| within a classification so that the positions are similar enough | 7483 |
| in duties and responsibilities to be described by the same title, | 7484 |
| to have the same pay assigned with equity, and to have the same | 7485 |
| qualifications for selection applied. The director shall, by rule, | 7486 |
| assign a classification title to each classification within the | 7487 |
| classification plan. However, the director shall consider in | 7488 |
| establishing classifications, including classifications with | 7489 |
| parenthetical titles, and assigning pay ranges such factors as | 7490 |
| duties performed only on one shift, special skills in short supply | 7491 |
| in the labor market, recruitment problems, separation rates, | 7492 |
| comparative salary rates, the amount of training required, and | 7493 |
| other conditions affecting employment. The director shall describe | 7494 |
| the
duties and responsibilities of | 7495 |
| classification, establish the qualifications for being employed in | 7496 |
| 7497 | |
| secretary of state a copy of specifications for all of the | 7498 |
| classifications. The director shall file new, additional, or | 7499 |
| revised specifications with the secretary of state before
| 7500 |
| they are used. | 7501 |
| The director shall, by rule, assign each classification, | 7502 |
| either on a statewide basis or in particular counties or state | 7503 |
| institutions, to a pay range established under section 124.15 or | 7504 |
| section 124.152 of the Revised Code. The director may assign a | 7505 |
| classification to a pay range on a temporary basis for a period of | 7506 |
| time designated in the rule. The director may establish, by rule | 7507 |
| adopted under Chapter 119. of the Revised Code, experimental | 7508 |
| classification plans for some or all employees | 7509 |
| 7510 | |
| include
specifications for each classification within | 7511 |
| plan and shall specifically address compensation ranges, and | 7512 |
| methods for advancing within the ranges, for the classifications, | 7513 |
| which may be assigned to pay ranges other than the pay ranges | 7514 |
| established under section 124.15 or 124.152 of the Revised Code. | 7515 |
| (2) The director may reassign to a proper classification | 7516 |
| those positions that have been assigned to an improper | 7517 |
| classification. If the compensation of an employee in such a | 7518 |
| reassigned position exceeds the maximum rate of pay for the | 7519 |
| employee's new classification, the employee shall be placed in pay | 7520 |
| step X and shall not receive an increase in compensation until the | 7521 |
| maximum rate of pay for that classification exceeds the employee's | 7522 |
| compensation. | 7523 |
| (3) The director may reassign an exempt employee, as defined | 7524 |
| in section 124.152 of the Revised Code, to a bargaining unit | 7525 |
| classification if the director determines that the bargaining unit | 7526 |
| classification is the proper classification for that employee. | 7527 |
| Notwithstanding Chapter 4117. of the Revised Code or instruments | 7528 |
|
and contracts negotiated under it, | 7529 |
| the director's discretion. | 7530 |
| (4) The director shall, by rule, assign related | 7531 |
| classifications, which form a career progression, to a | 7532 |
| classification series. The director shall, by rule, assign each | 7533 |
| classification in the classification plan a five-digit number, the | 7534 |
| first four digits of which shall denote the classification series | 7535 |
| to which the classification is assigned. When a career progression | 7536 |
| encompasses more than ten classifications, the director shall, by | 7537 |
| rule, identify the additional classifications belonging to a | 7538 |
| classification series. | 7539 |
| be part of the classification series, notwithstanding the fact | 7540 |
| that the first four digits of the number assigned to the | 7541 |
| additional classifications do not correspond to the first four | 7542 |
| digits of the numbers assigned to other classifications in the | 7543 |
| classification series. | 7544 |
| | 7545 |
| 7546 | |
| 7547 | |
| 7548 | |
| 7549 | |
| 7550 | |
| 7551 | |
| 7552 | |
| 7553 | |
| 7554 |
| (B) Division (A) of this section and sections 124.15 and | 7555 |
| 124.152 of the Revised Code do not apply to the following persons, | 7556 |
| positions, offices, and employments: | 7557 |
| (1) Elected officials; | 7558 |
| (2) Legislative employees, employees of the legislative | 7559 |
| service commission, employees in the office of the governor, | 7560 |
| employees who are in the unclassified civil service and exempt | 7561 |
| from collective bargaining coverage in the office of the secretary | 7562 |
| of state, auditor of state, treasurer of state, and attorney | 7563 |
| general, and employees of the supreme court; | 7564 |
| (3) Employees of a county children services board that | 7565 |
| establishes compensation rates under section 5153.12 of the | 7566 |
| Revised Code; | 7567 |
| (4) Any position for which the authority to determine | 7568 |
| compensation is given by law to another individual or entity; | 7569 |
| (5) Employees of the bureau of workers' compensation whose | 7570 |
| compensation the administrator of workers' compensation | 7571 |
| establishes under division (B) of section 4121.121 of the Revised | 7572 |
| Code. | 7573 |
| (C) The director of administrative services may employ a | 7574 |
| consulting agency to aid and assist the director in carrying out | 7575 |
| this section. | 7576 |
| (D)(1) When the director of administrative services proposes | 7577 |
| to modify a classification or the assignment of classes to | 7578 |
| appropriate pay ranges, the director shall send written notice of | 7579 |
| the proposed rule to the appointing authorities of the affected | 7580 |
| employees thirty days before the hearing on the proposed rule. The | 7581 |
| appointing authorities shall notify the affected employees | 7582 |
| regarding the proposed rule. The
director shall also
send | 7583 |
| those appointing authorities notice of any final rule | 7584 |
| is adopted within ten days after adoption. | 7585 |
| (2) When the director proposes to reclassify any employee so | 7586 |
| that the employee is adversely affected, the director shall give | 7587 |
| to the employee affected and to the employee's appointing | 7588 |
| authority a written notice setting forth the proposed new | 7589 |
| classification, pay range, and salary. Upon the request of any | 7590 |
| classified employee who is not serving in a probationary period, | 7591 |
| the director shall perform a job audit to review the | 7592 |
| classification of the employee's position to determine whether the | 7593 |
| position is properly classified. The director shall give to the | 7594 |
| employee affected and to the employee's appointing authority a | 7595 |
| written notice of the director's determination whether or not to | 7596 |
| reclassify the position or to reassign the employee to another | 7597 |
| classification. An employee or appointing authority desiring a | 7598 |
| hearing shall file a written request for the hearing with the | 7599 |
| state personnel board of review within thirty days after receiving | 7600 |
| the notice. The board shall set the matter for a hearing and | 7601 |
| notify the employee and appointing authority of the time and place | 7602 |
| of the hearing. The employee, the appointing authority, or any | 7603 |
| authorized representative of the employee who wishes to submit | 7604 |
| facts for the consideration of the board shall be afforded | 7605 |
| reasonable opportunity to do so. After the hearing, the board | 7606 |
| shall consider anew the reclassification and may order the | 7607 |
| reclassification of the employee and require the director to | 7608 |
|
assign the employee to | 7609 |
| facts and evidence warrant. As provided in division (A) of section | 7610 |
| 124.03 of the Revised Code, the board may determine the most | 7611 |
| appropriate classification for the position of any employee coming | 7612 |
| before the board, with or without a job audit. The board shall | 7613 |
| disallow any reclassification or reassignment classification of | 7614 |
| any employee when it finds that changes have been made in the | 7615 |
| duties and responsibilities of any particular employee for | 7616 |
| political, religious, or other unjust reasons. | 7617 |
| (E)(1) Employees of each county department of job and family | 7618 |
| services shall be paid a salary or wage established by the board | 7619 |
| of county commissioners. The provisions of section 124.18 of the | 7620 |
| Revised Code concerning the standard work week apply to employees | 7621 |
| of county departments of job and family services. A board of | 7622 |
| county commissioners may do either of the following: | 7623 |
| (a) Notwithstanding any other section of the Revised Code, | 7624 |
| supplement the sick leave, vacation leave, personal leave, and | 7625 |
| other benefits of any employee of the county department of job and | 7626 |
| family services of that county, if the employee is eligible for | 7627 |
| the supplement under a written policy providing for the | 7628 |
| supplement; | 7629 |
| (b) Notwithstanding any other section of the Revised Code, | 7630 |
| establish alternative schedules of sick leave, vacation leave, | 7631 |
| personal leave, or other benefits for employees not inconsistent | 7632 |
| with the provisions of a collective bargaining agreement covering | 7633 |
| the affected employees. | 7634 |
| (2) | 7635 |
| section | 7636 |
| employment relations board establishes appropriate bargaining | 7637 |
| units pursuant to section 4117.06 of the Revised Code, except in | 7638 |
| either of the following situations: | 7639 |
| (a) The employees for whom the state employment relations | 7640 |
| board establishes appropriate bargaining units elect no | 7641 |
| representative in a board-conducted representation election. | 7642 |
| (b) After the state employment relations board establishes | 7643 |
| appropriate bargaining units for such employees, all employee | 7644 |
| organizations withdraw from a representation election. | 7645 |
| (F) With respect to officers and employees of state-supported | 7646 |
| colleges and universities and except for the powers and duties of | 7647 |
| the state personnel board of review set forth in section 124.03 of | 7648 |
| the Revised Code, the powers, duties, and functions of the | 7649 |
| department of administrative services and of the director of | 7650 |
| administrative services concerning offices and positions in the | 7651 |
| service of the state specified in this chapter are hereby vested | 7652 |
| in and assigned to the boards of trustees of those colleges and | 7653 |
| universities, or those officers to whom the boards | 7654 |
|
have delegated | 7655 |
| to a periodic audit and review by the director. In exercising the | 7656 |
| powers, duties, and functions | 7657 |
| 7658 | |
| functions were delegated need not establish a job classification | 7659 |
| plan for unclassified employees and may proceed under section | 7660 |
| 111.15 of the Revised Code when
exercising | 7661 |
| rule-making authority. The adoption, amendment, rescission, and | 7662 |
| enforcement of rules under this division is not subject to | 7663 |
| approval, disapproval, or modification by the state personnel | 7664 |
| board of review. Nothing in this division shall be construed to | 7665 |
| limit the right of any classified employee who possesses the right | 7666 |
| of appeal to the state personnel board of review to continue to | 7667 |
| possess that right of appeal. | 7668 |
| Upon the director's determination or finding of the misuse by | 7669 |
| the board | 7670 |
| state-supported college or university of the authority granted | 7671 |
| under this division, the director shall order and direct the | 7672 |
| personnel functions of that state-supported college or university | 7673 |
| until sections 124.01 to 124.64 of the Revised Code have been | 7674 |
| fully complied with. | 7675 |
| (G)(1) With respect to officers and employees of counties and | 7676 |
| except for the powers and duties of the state personnel board of | 7677 |
| review, authority and responsibility for the classification of | 7678 |
| positions in the civil service of the counties and for the | 7679 |
| administration of other functions under this chapter related to | 7680 |
| the civil service of the counties, including, but not limited to, | 7681 |
| examinations, resignations, appointments, promotions, removals, | 7682 |
| transfers, layoffs, suspensions, reductions, and reinstatements, | 7683 |
| shall be vested in and assigned to each elected official, board, | 7684 |
| agency, or other appointing authority of the county, subject to | 7685 |
| division (G)(2) of this section. No rule adopted by the director | 7686 |
| of administrative services shall apply to officers and employees | 7687 |
| of counties. Nothing in division (G)(1) of this section shall be | 7688 |
| construed to limit the right of any classified employee who | 7689 |
| possesses the right to appeal to the state personnel board of | 7690 |
| review to continue to possess that right of appeal. | 7691 |
| (2)(a) Each board of county commissioners may, by a | 7692 |
| resolution adopted by a majority of its members, establish a | 7693 |
|
county personnel department to exercise the | 7694 |
| authority and
| 7695 |
| (G)(1) of this section and the powers, duties, and functions | 7696 |
| specified in Chapter 325. of the Revised Code, except for the | 7697 |
| powers, duties, and functions of the state personnel board of | 7698 |
| review. The powers, duties, and functions of the board shall not | 7699 |
| be construed as having been modified or diminished in any manner | 7700 |
| by division (G)(1) or (3) of this section, with respect to the | 7701 |
| classified employees for whom a board of county commissioners is | 7702 |
| the appointing authority or co-appointing authority. | 7703 |
| (b) As used in division (G) of this section, "county | 7704 |
| personnel department" means a county personnel department | 7705 |
| established by a board of county commissioners under division | 7706 |
| (G) | 7707 |
| | 7708 |
| 7709 | |
| 7710 | |
| 7711 | |
| 7712 | |
| 7713 | |
| 7714 | |
| 7715 | |
| 7716 | |
| 7717 | |
| 7718 | |
| 7719 | |
| 7720 | |
| 7721 | |
| 7722 | |
| 7723 | |
| 7724 | |
| 7725 | |
| 7726 | |
| 7727 | |
| 7728 | |
| 7729 | |
| 7730 | |
| 7731 | |
| 7732 | |
| 7733 |
| (3)(a) A county personnel department may adopt rules, which | 7734 |
| shall provide for public notice and comment, to implement the | 7735 |
| authority and responsibility referred to in division (G)(1) of | 7736 |
| this section and the powers, duties, and functions specified in | 7737 |
| Chapter 325. of the Revised Code. | 7738 |
| (b) Any board of county commissioners | 7739 |
| 7740 | |
| administrative services, another political subdivision, or an | 7741 |
| appropriate public or private entity to provide competitive | 7742 |
| testing services or other appropriate services. | 7743 |
| | 7744 |
|
assumed the | 7745 |
| 7746 | |
| 7747 | |
| section and the powers, duties, and functions specified in Chapter | 7748 |
| 325. of the Revised Code, any elected official, board, agency, or | 7749 |
| other appointing authority of that county may, upon notification | 7750 |
|
to the | 7751 |
| 7752 | |
| 7753 | |
| 7754 | |
| and | 7755 |
| 7756 | |
|
(G) | 7757 |
| specified in Chapter 325. of the Revised Code with respect to the | 7758 |
| classified employees of that elected official, board, agency, or | 7759 |
| other appointing authority.
| 7760 |
| 7761 | |
| 7762 | |
| 7763 | |
| 7764 | |
| 7765 | |
| 7766 | |
| 7767 | |
| 7768 | |
| 7769 | |
| 7770 | |
| 7771 |
| An elected official, board, agency, or other appointing | 7772 |
| authority may cease to use the services of the county personnel | 7773 |
| department upon notification to the department. | 7774 |
| | 7775 |
| established a county personnel department may, by a resolution | 7776 |
| adopted by a majority of its members, disband the county personnel | 7777 |
| department | 7778 |
| 7779 | |
| 7780 | |
| 7781 | |
| 7782 | |
| 7783 | |
| 7784 | |
| 7785 | |
| 7786 |
| Any board of county commissioners that does not create or | 7787 |
| that disbands a county personnel department, and elected | 7788 |
| officials, boards, agencies or other appointing authorities that | 7789 |
| elect not to use the services of a county personnel department, | 7790 |
| may adopt policies to implement the authority and responsibility | 7791 |
| referred to in division (G)(1) of this section and the powers, | 7792 |
| duties, and functions specified Chapter 325. of the Revised Code. | 7793 |
| | 7794 |
| 7795 | |
| 7796 | |
| 7797 | |
| 7798 | |
| 7799 | |
| 7800 | |
| 7801 | |
| 7802 | |
| 7803 | |
| 7804 | |
| 7805 |
| | 7806 |
| 7807 | |
| 7808 | |
| 7809 | |
| 7810 | |
| 7811 | |
| 7812 | |
| 7813 |
| | 7814 |
| 7815 | |
| 7816 | |
| 7817 |
| | 7818 |
| 7819 | |
| 7820 | |
| 7821 | |
| 7822 | |
| 7823 | |
| 7824 | |
| 7825 | |
| 7826 | |
| 7827 | |
| 7828 |
| | 7829 |
| 7830 | |
| 7831 | |
| 7832 |
| | 7833 |
| 7834 | |
| 7835 | |
| 7836 | |
| 7837 | |
| 7838 | |
| 7839 |
| | 7840 |
| 7841 | |
| 7842 | |
| 7843 | |
| 7844 | |
| 7845 | |
| 7846 |
| (H) With respect to officers and employees of general health | 7847 |
| districts, and except for the powers and duties of the state | 7848 |
| personnel board of review set forth in section 124.03 of the | 7849 |
| Revised Code, the powers, duties, and functions of the department | 7850 |
| of administrative services and of the director of administrative | 7851 |
| services concerning offices and positions in the service of the | 7852 |
| state specified in this chapter are hereby vested in and assigned | 7853 |
| to the boards of health of the general health districts or those | 7854 |
| officers to whom the boards have delegated those powers, duties, | 7855 |
| and functions. Nothing in this division shall be construed to | 7856 |
| limit the right of any classified employee who possesses the right | 7857 |
| to appeal to the state personnel board of review to continue to | 7858 |
| possess that right of appeal. | 7859 |
| (I) The director of administrative services shall establish | 7860 |
| the rate and method of
compensation for all employees who are | 7861 |
| 7862 | |
| who are serving in positions | 7863 |
| determined impracticable to include in the state job | 7864 |
| classification plan. This division does not apply to elected | 7865 |
| officials, legislative employees, employees of the legislative | 7866 |
| service commission, employees who are in the unclassified civil | 7867 |
| service and exempt from collective bargaining coverage in the | 7868 |
| office of the secretary of state, auditor of state, treasurer of | 7869 |
| state, and attorney general, employees of the courts, employees of | 7870 |
| the bureau of workers' compensation whose compensation the | 7871 |
| administrator of workers' compensation establishes under division | 7872 |
| (B) of section 4121.121 of the Revised Code, or employees of an | 7873 |
| appointing authority authorized by law to fix the compensation of | 7874 |
| those employees. | 7875 |
| | 7876 |
| rate of compensation for all intermittent, interim, seasonal, | 7877 |
| temporary, emergency, and casual employees who are in the service | 7878 |
| of the state and who are not considered public employees under | 7879 |
| section
4117.01 of the Revised
Code. | 7880 |
| entitled to receive employee benefits. This rate of compensation | 7881 |
| shall be equitable in terms of the rate of employees serving in | 7882 |
| the same or similar classifications. This division does not apply | 7883 |
| to elected officials, legislative employees, employees of the | 7884 |
| legislative service commission, employees who are in the | 7885 |
| unclassified civil service and exempt from collective bargaining | 7886 |
| coverage in the office of the secretary of state, auditor of | 7887 |
| state, treasurer of state, and attorney general, employees of the | 7888 |
| courts, employees of the bureau of workers' compensation whose | 7889 |
| compensation the administrator establishes under division (B) of | 7890 |
| section 4121.121 of the Revised Code, or employees of an | 7891 |
| appointing authority authorized by law to fix the compensation of | 7892 |
| those employees. | 7893 |
| Sec. 124.15. (A) Board and commission members appointed | 7894 |
| prior to July 1, 1991, shall be paid a salary or wage in | 7895 |
| accordance with the following schedules of rates: | 7896 |
| Schedule B | 7897 |
| 7898 |
| Range | Step 1 | Step 2 | Step 3 | Step 4 | 7899 | ||
| 23 | Hourly | 5.72 | 5.91 | 6.10 | 6.31 | 7900 | |
| Annually | 11897.60 | 12292.80 | 12688.00 | 13124.80 | 7901 | ||
| Step 5 | Step 6 | 7902 | |||||
| Hourly | 6.52 | 6.75 | 7903 | ||||
| Annually | 13561.60 | 14040.00 | 7904 | ||||
| Step 1 | Step 2 | Step 3 | Step 4 | 7905 | |||
| 24 | Hourly | 6.00 | 6.20 | 6.41 | 6.63 | 7906 | |
| Annually | 12480.00 | 12896.00 | 13332.80 | 13790.40 | 7907 | ||
| Step 5 | Step 6 | 7908 | |||||
| Hourly | 6.87 | 7.10 | 7909 | ||||
| Annually | 14289.60 | 14768.00 | 7910 | ||||
| Step 1 | Step 2 | Step 3 | Step 4 | 7911 | |||
| 25 | Hourly | 6.31 | 6.52 | 6.75 | 6.99 | 7912 | |
| Annually | 13124.80 | 13561.60 | 14040.00 | 14539.20 | 7913 | ||
| Step 5 | Step 6 | 7914 | |||||
| Hourly | 7.23 | 7.41 | 7915 | ||||
| Annually | 15038.40 | 15412.80 | 7916 | ||||
| Step 1 | Step 2 | Step 3 | Step 4 | 7917 | |||
| 26 | Hourly | 6.63 | 6.87 | 7.10 | 7.32 | 7918 | |
| Annually | 13790.40 | 14289.60 | 14768.00 | 15225.60 | 7919 | ||
| Step 5 | Step 6 | 7920 | |||||
| Hourly | 7.53 | 7.77 | 7921 | ||||
| Annually | 15662.40 | 16161.60 | 7922 | ||||
| Step 1 | Step 2 | Step 3 | Step 4 | 7923 | |||
| 27 | Hourly | 6.99 | 7.23 | 7.41 | 7.64 | 7924 | |
| Annually | 14534.20 | 15038.40 | 15412.80 | 15891.20 | 7925 | ||
| Step 5 | Step 6 | Step 7 | 7926 | ||||
| Hourly | 7.88 | 8.15 | 8.46 | 7927 | |||
| Annually | 16390.40 | 16952.00 | 17596.80 | 7928 | |||
| Step 1 | Step 2 | Step 3 | Step 4 | 7929 | |||
| 28 | Hourly | 7.41 | 7.64 | 7.88 | 8.15 | 7930 | |
| Annually | 15412.80 | 15891.20 | 16390.40 | 16952.00 | 7931 | ||
| Step 5 | Step 6 | Step 7 | 7932 | ||||
| Hourly | 8.46 | 8.79 | 9.15 | 7933 | |||
| Annually | 17596.80 | 18283.20 | 19032.00 | 7934 | |||
| Step 1 | Step 2 | Step 3 | Step 4 | 7935 | |||
| 29 | Hourly | 7.88 | 8.15 | 8.46 | 8.79 | 7936 | |
| Annually | 16390.40 | 16952.00 | 17596.80 | 18283.20 | 7937 | ||
| Step 5 | Step 6 | Step 7 | 7938 | ||||
| Hourly | 9.15 | 9.58 | 10.01 | 7939 | |||
| Annually | 19032.00 | 19926.40 | 20820.80 | 7940 | |||
| Step 1 | Step 2 | Step 3 | Step 4 | 7941 | |||
| 30 | Hourly | 8.46 | 8.79 | 9.15 | 9.58 | 7942 | |
| Annually | 17596.80 | 18283.20 | 19032.00 | 19926.40 | 7943 | ||
| Step 5 | Step 6 | Step 7 | 7944 | ||||
| Hourly | 10.01 | 10.46 | 10.99 | 7945 | |||
| Annually | 20820.80 | 21756.80 | 22859.20 | 7946 | |||
| Step 1 | Step 2 | Step 3 | Step 4 | 7947 | |||
| 31 | Hourly | 9.15 | 9.58 | 10.01 | 10.46 | 7948 | |
| Annually | 19032.00 | 19962.40 | 20820.80 | 21756.80 | 7949 | ||
| Step 5 | Step 6 | Step 7 | 7950 | ||||
| Hourly | 10.99 | 11.52 | 12.09 | 7951 | |||
| Annually | 22859.20 | 23961.60 | 25147.20 | 7952 | |||
| Step 1 | Step 2 | Step 3 | Step 4 | 7953 | |||
| 32 | Hourly | 10.01 | 10.46 | 10.99 | 11.52 | 7954 | |
| Annually | 20820.80 | 21756.80 | 22859.20 | 23961.60 | 7955 | ||
| Step 5 | Step 6 | Step 7 | Step 8 | 7956 | |||
| Hourly | 12.09 | 12.68 | 13.29 | 13.94 | 7957 | ||
| Annually | 25147.20 | 26374.40 | 27643.20 | 28995.20 | 7958 | ||
| Step 1 | Step 2 | Step 3 | Step 4 | 7959 | |||
| 33 | Hourly | 10.99 | 11.52 | 12.09 | 12.68 | 7960 | |
| Annually | 22859.20 | 23961.60 | 25147.20 | 26374.40 | 7961 | ||
| Step 5 | Step 6 | Step 7 | Step 8 | 7962 | |||
| Hourly | 13.29 | 13.94 | 14.63 | 15.35 | 7963 | ||
| Annually | 27643.20 | 28995.20 | 30430.40 | 31928.00 | 7964 | ||
| Step 1 | Step 2 | Step 3 | Step 4 | 7965 | |||
| 34 | Hourly | 12.09 | 12.68 | 13.29 | 13.94 | 7966 | |
| Annually | 25147.20 | 26374.40 | 27643.20 | 28995.20 | 7967 | ||
| Step 5 | Step 6 | Step 7 | Step 8 | 7968 | |||
| Hourly | 14.63 | 15.35 | 16.11 | 16.91 | 7969 | ||
| Annually | 30430.40 | 31928.00 | 33508.80 | 35172.80 | 7970 | ||
| Step 1 | Step 2 | Step 3 | Step 4 | 7971 | |||
| 35 | Hourly | 13.29 | 13.94 | 14.63 | 15.35 | 7972 | |
| Annually | 27643.20 | 28995.20 | 30430.40 | 31928.00 | 7973 | ||
| Step 5 | Step 6 | Step 7 | Step 8 | 7974 | |||
| Hourly | 16.11 | 16.91 | 17.73 | 18.62 | 7975 | ||
| Annually | 33508.80 | 35172.80 | 36878.40 | 38729.60 | 7976 | ||
| Step 1 | Step 2 | Step 3 | Step 4 | 7977 | |||
| 36 | Hourly | 14.63 | 15.35 | 16.11 | 16.91 | 7978 | |
| Annually | 30430.40 | 31928.00 | 33508.80 | 35172.80 | 7979 | ||
| Step 5 | Step 6 | Step 7 | Step 8 | 7980 | |||
| Hourly | 17.73 | 18.62 | 19.54 | 20.51 | 7981 | ||
| Annually | 36878.40 | 38729.60 | 40643.20 | 42660.80 | 7982 |
| Schedule C | 7983 |
| 7984 |
| Range | Minimum | Maximum | 7985 | ||
| 41 Hourly | 10.44 | 15.72 | 7986 | ||
| Annually | 21715.20 | 32697.60 | 7987 | ||
| 42 Hourly | 11.51 | 17.35 | 7988 | ||
| Annually | 23940.80 | 36088.00 | 7989 | ||
| 43 Hourly | 12.68 | 19.12 | 7990 | ||
| Annually | 26374.40 | 39769.60 | 7991 | ||
| 44 Hourly | 13.99 | 20.87 | 7992 | ||
| Annually | 29099.20 | 43409.60 | 7993 | ||
| 45 Hourly | 15.44 | 22.80 | 7994 | ||
| Annually | 32115.20 | 47424.00 | 7995 | ||
| 46 Hourly | 17.01 | 24.90 | 7996 | ||
| Annually | 35380.80 | 51792.00 | 7997 | ||
| 47 Hourly | 18.75 | 27.18 | 7998 | ||
| Annually | 39000.00 | 56534.40 | 7999 | ||
| 48 Hourly | 20.67 | 29.69 | 8000 | ||
| Annually | 42993.60 | 61755.20 | 8001 | ||
| 49 Hourly | 22.80 | 32.06 | 8002 | ||
| Annually | 47424.00 | 66684.80 | 8003 | ||
| (B) The pay schedule of all employees shall be on a biweekly | 8004 |
| basis, with amounts computed on an hourly basis. | 8005 |
| (C) Part-time employees in the service of the state shall be | 8006 |
| compensated on an hourly basis for time worked, at the rates shown | 8007 |
| in division (A) of this section or in section 124.152 of the | 8008 |
| Revised Code. | 8009 |
| (D) The salary and wage rates in division (A) of this section | 8010 |
| or in section 124.152 of the Revised Code represent base rates of | 8011 |
| compensation and may be augmented by the provisions of section | 8012 |
| 124.181 of the Revised Code. In those cases where lodging, meals, | 8013 |
| laundry, or other personal services are furnished an employee in | 8014 |
| the service of the state, the actual costs or fair market value of | 8015 |
| the personal services shall be paid by the employee in such | 8016 |
| amounts and manner as determined by the director of administrative | 8017 |
| services and approved by the director of budget and management, | 8018 |
| and those personal services shall not be considered as a part of | 8019 |
| the employee's compensation. An appointing authority that appoints | 8020 |
| employees in the service of the state, with the approval of the | 8021 |
| director of administrative services and the director of budget and | 8022 |
| management, may establish payments to employees for uniforms, | 8023 |
| tools, equipment, and other requirements of the department and | 8024 |
| payments for the maintenance of them. | 8025 |
| The director of administrative services may review collective | 8026 |
| bargaining agreements entered into under Chapter 4117. of the | 8027 |
| Revised Code that cover | 8028 |
| state and determine whether certain benefits or payments provided | 8029 |
| to | 8030 |
| provided to employees in the service of the state who are exempt | 8031 |
| from collective bargaining coverage and are paid in accordance | 8032 |
| with section 124.152 of the Revised Code or are listed in division | 8033 |
| (B)(2) or (4) of section 124.14 of the Revised Code. On completing | 8034 |
| the review, the director of administrative services, with the | 8035 |
| approval of the director of budget and management, may provide to | 8036 |
| some or all of these employees any payment or benefit, except for | 8037 |
| salary, contained in such a collective bargaining agreement even | 8038 |
| if it is similar to a payment or benefit already provided by law | 8039 |
| to some or all of these employees. Any payment or benefit so | 8040 |
| provided shall not exceed the highest level for that payment or | 8041 |
| benefit specified in such a collective bargaining agreement. The | 8042 |
| director of administrative services shall not provide, and the | 8043 |
| director of budget and management shall not approve, any payment | 8044 |
| or benefit to such an employee under this division unless the | 8045 |
| payment or benefit is provided pursuant to a collective bargaining | 8046 |
| agreement to a state employee who is in a position with similar | 8047 |
| duties as, is supervised by, or is employed by the same appointing | 8048 |
| authority as, the employee to whom the benefit or payment is to be | 8049 |
| provided. | 8050 |
| As used in this division, "payment or benefit already | 8051 |
| provided by law" includes, but is not limited to, bereavement, | 8052 |
| personal, vacation, administrative, and sick leave, disability | 8053 |
| benefits, holiday pay, and pay supplements provided under the | 8054 |
| Revised Code, but does not include wages or salary. | 8055 |
| (E) New employees paid in accordance with schedule B of | 8056 |
| division (A) of this section or schedule E-1 of section 124.152 of | 8057 |
| the Revised Code shall be employed at the minimum rate established | 8058 |
| for the range unless otherwise provided. Employees with | 8059 |
| qualifications that are beyond the minimum normally required for | 8060 |
| the position and that are determined by the director to be | 8061 |
| exceptional may be employed in, or may be transferred or promoted | 8062 |
| to, a position at an advanced step of the range. Further, in time | 8063 |
| of a serious labor market condition when it is relatively | 8064 |
| impossible to recruit employees at the minimum rate for a | 8065 |
| particular classification, the entrance rate may be set at an | 8066 |
| advanced step in the range by the director of administrative | 8067 |
| services. This rate may be limited to geographical regions of the | 8068 |
| state. Appointments made to an advanced step under the provision | 8069 |
| regarding exceptional qualifications shall not affect the step | 8070 |
| assignment of employees already serving. However, anytime the | 8071 |
| hiring rate of an entire classification is advanced to a higher | 8072 |
| step, all incumbents of that classification being paid at a step | 8073 |
| lower than that being used for hiring, shall be advanced beginning | 8074 |
| at the start of the first pay period thereafter to the new hiring | 8075 |
| rate, and any time accrued at the lower step will be used to | 8076 |
| calculate advancement to a succeeding step. If the hiring rate of | 8077 |
| a classification is increased for only a geographical region of | 8078 |
| the state, only incumbents who work in that geographical region | 8079 |
| shall be advanced to a higher step. When an employee in the | 8080 |
| unclassified service changes from one state position to another or | 8081 |
| is appointed to a position in the classified service, or if an | 8082 |
| employee in the classified service is appointed to a position in | 8083 |
| the unclassified service, the employee's salary or wage in the new | 8084 |
| position shall be determined in the same manner as if the employee | 8085 |
| were an employee in the classified service. When an employee in | 8086 |
| the unclassified service who is not eligible for step increases is | 8087 |
| appointed to a classification in the classified service under | 8088 |
| which step increases are provided, future step increases shall be | 8089 |
| based on the date on which the employee last received a pay | 8090 |
| increase. If the employee has not received an increase during the | 8091 |
| previous year, the date of the appointment to the classified | 8092 |
| service shall be used to determine the employee's annual step | 8093 |
| advancement eligibility date. In reassigning any employee to a | 8094 |
| classification resulting in a pay range increase or to a new pay | 8095 |
| range as a result of a promotion, an increase pay range | 8096 |
| adjustment, or other classification change resulting in a pay | 8097 |
| range increase, the director shall assign such employee to the | 8098 |
| step in the new pay range that will provide an increase of | 8099 |
| approximately four per cent if the new pay range can accommodate | 8100 |
| the increase. When an employee is being assigned to a | 8101 |
| classification or new pay range as the result of a class plan | 8102 |
| change, if the employee has completed a probationary period, the | 8103 |
| employee shall be placed in a step no lower than step two of the | 8104 |
| new pay range. If the employee has not completed a probationary | 8105 |
| period, the employee may be placed in step one of the new pay | 8106 |
| range. Such new salary or wage shall become effective on such date | 8107 |
| as the director determines. | 8108 |
| (F) If employment conditions and the urgency of the work | 8109 |
| require such action, the director of administrative services may, | 8110 |
| upon the application of a department head, authorize payment at | 8111 |
| any rate established within the range for the class of work, for | 8112 |
| work of a casual or intermittent nature or on a project basis. | 8113 |
| Payment at such rates shall not be made to the same individual for | 8114 |
| more than three calendar months in any one calendar year. Any such | 8115 |
| action shall be subject to the approval of the director of budget | 8116 |
| and management as to the availability of funds. This section and | 8117 |
| sections 124.14 and 124.152 of the Revised Code do not repeal any | 8118 |
| authority of any department or public official to contract with or | 8119 |
| fix the compensation of professional persons who may be employed | 8120 |
| temporarily for work of a casual nature or for work on a project | 8121 |
| basis. | 8122 |
| (G)(1) Except as provided in division (G)(2) of this section, | 8123 |
| each state employee paid in accordance with schedule B of this | 8124 |
| section or schedule E-1 of section 124.152 of the Revised Code | 8125 |
| shall be eligible for advancement to succeeding steps in the range | 8126 |
| for the employee's class or grade according to the schedule | 8127 |
| established in this division. Beginning on the first day of the | 8128 |
| pay period within which the employee completes the prescribed | 8129 |
| probationary period in the employee's classification with the | 8130 |
| state, each employee shall receive an automatic salary adjustment | 8131 |
| equivalent to the next higher step within the pay range for the | 8132 |
| employee's class or grade. | 8133 |
| Each employee paid in accordance with schedule E-1 of section | 8134 |
| 124.152 of the Revised Code shall be eligible to advance to the | 8135 |
| next higher step until the employee reaches the top step in the | 8136 |
| range for the employee's class or grade, if the employee has | 8137 |
| maintained satisfactory performance in accordance with criteria | 8138 |
| established by the employee's appointing authority. Those step | 8139 |
| advancements shall not occur more frequently than once in any | 8140 |
| twelve-month period. | 8141 |
| When an employee is promoted or reassigned to a higher pay | 8142 |
| range, the employee's step indicator shall return to "0" or be | 8143 |
| adjusted to account for a probationary period, as appropriate. | 8144 |
| Step advancement shall not be affected by demotion. A promoted | 8145 |
| employee shall advance to the next higher step of the pay range on | 8146 |
| the first day of the pay period in which the required probationary | 8147 |
| period is completed. Step advancement shall become effective at | 8148 |
| the beginning of the pay period within which the employee attains | 8149 |
| the necessary length of service. Time spent on authorized leave of | 8150 |
| absence shall be counted for this purpose. | 8151 |
| If determined to be in the best interest of the state | 8152 |
| service, the director of administrative services may, either | 8153 |
| statewide or in selected agencies, adjust the dates on which | 8154 |
| annual step advancements are received by employees paid in | 8155 |
| accordance with schedule E-1 of section 124.152 of the Revised | 8156 |
| Code. | 8157 |
| (2)(a)(i) Except as provided in division (G)(2)(a)(ii) of | 8158 |
| this section, there shall be a moratorium on step advancements | 8159 |
| under division (G)(1) of this section from the pay period | 8160 |
| beginning June 29, 2003, through the pay period ending June 25, | 8161 |
| 2005. Step advancements shall resume with the pay period beginning | 8162 |
| June 26, 2005. Upon the resumption of step advancements, there | 8163 |
| shall be no retroactive step advancements for the period the | 8164 |
| moratorium was in effect. The moratorium shall not affect an | 8165 |
| employee's performance evaluation schedule. | 8166 |
| (ii) During the moratorium under division (G)(2)(a)(i) of | 8167 |
| this section, an employee who is hired or promoted and serves a | 8168 |
| probationary period in the employee's new position shall advance | 8169 |
| to the next step in the employee's pay range upon successful | 8170 |
| completion of the employee's probationary period. Thereafter, the | 8171 |
| employee is subject to the moratorium. | 8172 |
| (b) The moratorium under division (G)(2)(a)(i) of this | 8173 |
| section shall apply to the employees of the secretary of state, | 8174 |
| the auditor of state, the treasurer of state, and the attorney | 8175 |
| general, who are subject to this section unless the secretary of | 8176 |
| state, the auditor of state, the treasurer of state, or the | 8177 |
| attorney general decides to exempt the office's employees from the | 8178 |
| moratorium and so notifies the director of administrative services | 8179 |
| in writing on or before July 1, 2003. | 8180 |
| (H) Employees in appointive managerial or professional | 8181 |
| positions paid in accordance with schedule C of this section or | 8182 |
| schedule E-2 of section 124.152 of the Revised Code may be | 8183 |
| appointed at any rate within the appropriate pay range. This rate | 8184 |
| of pay may be adjusted higher or lower within the respective pay | 8185 |
| range at any time the appointing authority so desires as long as | 8186 |
| the adjustment is based on the employee's ability to successfully | 8187 |
| administer those duties assigned to the employee. Salary | 8188 |
| adjustments shall not be made more frequently than once in any | 8189 |
| six-month period under this provision to incumbents holding the | 8190 |
| same position and classification. | 8191 |
| (I) When an employee is assigned to duty outside this state, | 8192 |
| the employee may be compensated, upon request of the department | 8193 |
| head and with the approval of the director of administrative | 8194 |
| services, at a rate not to exceed fifty per cent in excess of the | 8195 |
| employee's current base rate for the period of time spent on that | 8196 |
| duty. | 8197 |
| (J) Unless compensation for members of a board or commission | 8198 |
| is otherwise specifically provided by law, the director of | 8199 |
| administrative services shall establish the rate and method of | 8200 |
| payment for members of boards and commissions pursuant to the pay | 8201 |
| schedules listed in section 124.152 of the Revised Code. | 8202 |
| (K) Regular full-time employees in positions assigned to | 8203 |
| classes within the instruction and education administration series | 8204 |
| under the rules of the director of administrative services, except | 8205 |
| certificated employees on the instructional staff of the state | 8206 |
| school for the blind or the state school for the deaf, whose | 8207 |
| positions are scheduled to work on the basis of an academic year | 8208 |
| rather than a full calendar year, shall be paid according to the | 8209 |
| pay range assigned by such rules but only during those pay periods | 8210 |
| included in the academic year of the school where the employee is | 8211 |
| located. | 8212 |
| (1) Part-time or substitute teachers or those whose period of | 8213 |
| employment is other than the full academic year shall be | 8214 |
| compensated for the actual time worked at the rate established by | 8215 |
| this section. | 8216 |
| (2) Employees governed by this division are exempt from | 8217 |
| sections 124.13 and 124.19 of the Revised Code. | 8218 |
| (3) Length of service for the purpose of determining | 8219 |
| eligibility for step advancements as provided by division (G) of | 8220 |
| this section and for the purpose of determining eligibility for | 8221 |
| longevity pay supplements as provided by division (E) of section | 8222 |
| 124.181 of the Revised Code shall be computed on the basis of one | 8223 |
| full year of service for the completion of each academic year. | 8224 |
| (L) The superintendent of the state school for the deaf and | 8225 |
| the superintendent of the state school for the blind shall, | 8226 |
| subject to the approval of the superintendent of public | 8227 |
| instruction, carry out both of the following: | 8228 |
| (1) Annually, between the first day of April and the last day | 8229 |
| of June, establish for the ensuing fiscal year a schedule of | 8230 |
| hourly rates for the compensation of each certificated employee on | 8231 |
| the instructional staff of that superintendent's respective school | 8232 |
| constructed as follows: | 8233 |
| (a) Determine for each level of training, experience, and | 8234 |
| other professional qualification for which an hourly rate is set | 8235 |
| forth in the current schedule, the per cent that rate is of the | 8236 |
| rate set forth in such schedule for a teacher with a bachelor's | 8237 |
| degree and no experience. If there is more than one such rate for | 8238 |
| such a teacher, the lowest rate shall be used to make the | 8239 |
| computation. | 8240 |
| (b) Determine which six city, local, and exempted village | 8241 |
| school districts with territory in Franklin county have in effect | 8242 |
| on, or have adopted by, the first day of April for the school year | 8243 |
| that begins on the ensuing first day of July, teacher salary | 8244 |
| schedules with the highest minimum salaries for a teacher with a | 8245 |
| bachelor's degree and no experience; | 8246 |
| (c) Divide the sum of such six highest minimum salaries by | 8247 |
| ten thousand five hundred sixty; | 8248 |
| (d) Multiply each per cent determined in division (L)(1)(a) | 8249 |
| of this section by the quotient obtained in division (L)(1)(c) of | 8250 |
| this section; | 8251 |
| (e) One hundred five per cent of each product thus obtained | 8252 |
| shall be the hourly rate for the corresponding level of training, | 8253 |
| experience, or other professional qualification in the schedule | 8254 |
| for the ensuing fiscal year. | 8255 |
| (2) Annually, assign each certificated employee on the | 8256 |
| instructional staff of the superintendent's respective school to | 8257 |
| an hourly rate on the schedule that is commensurate with the | 8258 |
| employee's training, experience, and other professional | 8259 |
| qualifications. | 8260 |
| If an employee is employed on the basis of an academic year, | 8261 |
| the employee's annual salary shall be calculated by multiplying | 8262 |
| the employee's assigned hourly rate times one thousand seven | 8263 |
| hundred sixty. If an employee is not employed on the basis of an | 8264 |
| academic year, the employee's annual salary shall be calculated in | 8265 |
| accordance with the following formula: | 8266 |
| (a) Multiply the number of days the employee is required to | 8267 |
| work pursuant to the employee's contract by eight; | 8268 |
| (b) Multiply the product of division (L)(2)(a) of this | 8269 |
| section by the employee's assigned hourly rate. | 8270 |
| Each employee shall be paid an annual salary in biweekly | 8271 |
| installments. The amount of each installment shall be calculated | 8272 |
| by dividing the employee's annual salary by the number of biweekly | 8273 |
| installments to be paid during the year. | 8274 |
| Sections 124.13 and 124.19 of the Revised Code do not apply | 8275 |
| to an employee who is paid under this division. | 8276 |
| As used in this division, "academic year" means the number of | 8277 |
| days in each school year that the schools are required to be open | 8278 |
| for instruction with pupils in attendance. Upon completing an | 8279 |
| academic year, an employee paid under this division shall be | 8280 |
| deemed to have completed one year of service. An employee paid | 8281 |
| under this division is eligible to receive a pay supplement under | 8282 |
| division (L)(1), (2), or (3) of section 124.181 of the Revised | 8283 |
| Code for which the employee qualifies, but is not eligible to | 8284 |
| receive a pay supplement under division (L)(4) or (5) of that | 8285 |
| section. An employee paid under this division is eligible to | 8286 |
| receive a pay supplement under division (L)(6) of section 124.181 | 8287 |
| of the Revised Code for which the employee qualifies, except that | 8288 |
| the supplement is not limited to a maximum of five per cent of the | 8289 |
| employee's regular base salary in a calendar year. | 8290 |
| (M) Division (A) of this section does not apply to "exempt | 8291 |
| employees," as defined in section 124.152 of the Revised Code, who | 8292 |
| are paid under that section. | 8293 |
| Notwithstanding any other provisions of this chapter, when an | 8294 |
| employee transfers between bargaining units or transfers out of or | 8295 |
| into a bargaining unit, the director of administrative services | 8296 |
| shall establish the employee's compensation and adjust the maximum | 8297 |
| leave accrual schedule as the director deems equitable. | 8298 |
| Sec. 124.20. The director of administrative services, with | 8299 |
| the approval of the state personnel board of review, shall adopt | 8300 |
| rules: | 8301 |
| (A) For the classification of | 8302 |
| positions | 8303 |
| 8304 |
| (B) For appointment, promotions, transfers, layoffs, | 8305 |
|
suspensions, reductions, reinstatements, and removals | 8306 |
| and examinations and registrations for offices and positions in | 8307 |
| the civil service of the state. | 8308 |
| 8309 | |
| employees in the civil service of the state shall submit personnel | 8310 |
| action information to the department of administrative services as | 8311 |
| the director requires.
| 8312 |
| 8313 | |
| 8314 | |
| 8315 | |
| 8316 | |
| 8317 | |
| 8318 | |
| 8319 | |
| 8320 |
| (C) For maintaining and keeping records of the efficiency of | 8321 |
| officers and employees in the civil service of the state in | 8322 |
| accordance with sections 124.01 to 124.64 of the Revised Code. | 8323 |
| Due notice of the contents of | 8324 |
| changes
| 8325 |
| authorities affected by | 8326 |
| also be printed for public distribution. | 8327 |
| Sec. 124.23. (A) All applicants for positions and places in | 8328 |
| the classified service shall be subject to examination, except for | 8329 |
| applicants for positions as professional or certified service and | 8330 |
| paraprofessional employees of county boards of mental retardation | 8331 |
| and developmental disabilities, who shall be hired in the manner | 8332 |
| provided in section 124.241 of the Revised Code. | 8333 |
| (B) Any examination administered under this section shall be | 8334 |
|
public | 8335 |
| persons who have legally declared their intentions of becoming | 8336 |
|
United States citizens, within certain limitations | 8337 |
| 8338 | |
| citizenship, age, experience, education, health, habit, and moral | 8339 |
| character | 8340 |
| of administrative services when the examination is for an office | 8341 |
| or position in the service of the state. Any soldier, sailor, | 8342 |
| marine, coast guarder, member of the auxiliary corps as | 8343 |
| established by congress, member of the army nurse corps or navy | 8344 |
| nurse corps, or red cross nurse who has served in the army, navy, | 8345 |
| or hospital service of the United States, and such other military | 8346 |
| service as is designated by congress, including World War I, World | 8347 |
| War II, or during the period beginning May 1, 1949, and lasting so | 8348 |
| long as the armed forces of the United States are engaged in armed | 8349 |
| conflict or occupation duty, or the selective service or similar | 8350 |
| conscriptive acts are in effect in the United States, whichever is | 8351 |
| the later
date, who has been honorably discharged | 8352 |
|
transferred
to the reserve with evidence of satisfactory service | 8353 |
|
and who is a
resident of | 8354 |
| 8355 | |
| honorable discharge,
| 8356 |
| shall receive additional credit of twenty per cent of the person's | 8357 |
| total grade given in the regular examination in which the person | 8358 |
| receives a passing grade; that filing shall be with the director | 8359 |
| of administrative services in the case of offices or positions in | 8360 |
| the service of the state. | 8361 |
| An examination may include an evaluation of such factors as | 8362 |
| education, training, capacity, knowledge, manual dexterity, and | 8363 |
| physical or
psychological fitness. | 8364 |
| shall consist of one or more tests in any combination. Tests may | 8365 |
| be written, oral, physical, demonstration of skill, or an | 8366 |
| evaluation of training and experiences and shall be designed to | 8367 |
| fairly test the relative capacity of the persons examined to | 8368 |
| discharge the particular duties of the position for which | 8369 |
|
appointment is sought. | 8370 |
| are established for any examination, they shall be specified in | 8371 |
| the examination announcement. | 8372 |
| (C) The director of administrative services shall have | 8373 |
| control of all examinations for offices or positions in the | 8374 |
| service of the state, except as otherwise provided in sections | 8375 |
| 124.01
to 124.64 of the Revised
Code. | 8376 |
| (D) No questions in any examination shall relate to political | 8377 |
| or religious opinions or affiliations. No credit for seniority, | 8378 |
| efficiency, or any other reason shall be added to an applicant's | 8379 |
| examination grade unless the applicant achieves at least the | 8380 |
|
minimum passing grade on the examination
without counting | 8381 |
| that extra credit. | 8382 |
| (E) Except as otherwise provided in sections 124.01 to 124.64 | 8383 |
| of the Revised Code, the director of administrative services shall | 8384 |
| give reasonable notice of the time, place, and general scope of | 8385 |
|
every competitive examination for appointment to | 8386 |
| position in the classified civil service of the state. The | 8387 |
| director | 8388 |
| or electronic notices
of
every examination | 8389 |
|
the | 8390 |
| the type the director of job and family services specifies and, in | 8391 |
| the case of a county in which no such agency is located, to the | 8392 |
| clerk of the court of common pleas of that county and to the clerk | 8393 |
| of each city
| 8394 |
| promptly upon receipt, shall be posted in conspicuous public | 8395 |
| places in the designated agencies and the courthouse, and city | 8396 |
| hall of the cities, of the counties in which no such agency is | 8397 |
| located. | 8398 |
| in the office of
the director | 8399 |
| least two weeks | 8400 |
| of examinations limited by the director
| 8401 |
| to a district, county, city, or
department,
the director
| 8402 |
| 8403 | |
| publicity
of | 8404 |
| county, city, or department within which competition is permitted. | 8405 |
| Sec. 124.231. (A)(1) As used in this section, "legally blind | 8406 |
| person" means any person who qualifies as being blind under any | 8407 |
|
Ohio or federal statute, or any rule adopted | 8408 |
| Ohio or federal statute. As used in this section, "legally deaf | 8409 |
| person" means any person who qualifies as being deaf under any | 8410 |
| Ohio or federal statute, or any
rule adopted | 8411 |
| Ohio or federal statute. | 8412 |
| | 8413 |
| whenever practicable, arrange for special examinations to be | 8414 |
| administered to legally blind or legally deaf persons applying for | 8415 |
| original appointments in the classified civil service of the state | 8416 |
| to ensure that the
abilities of | 8417 |
| assessed and that | 8418 |
| discrimination because they are legally blind or legally deaf | 8419 |
| persons. | 8420 |
| | 8421 |
| employment of legally blind persons and legally deaf persons in | 8422 |
| the classified civil service of the state. | 8423 |
| (B) Nothing in this section shall be construed to prohibit | 8424 |
| the appointment of a legally blind or legally deaf person to a | 8425 |
| position in the classified service under the procedures otherwise | 8426 |
| provided in this chapter. | 8427 |
| Sec. 124.241. As used in this section, "professional | 8428 |
| employee" has the same meaning as in section 5126.20 of the | 8429 |
| Revised Code, and "registered service employee" means a service | 8430 |
| employee, as defined in section 5126.20 of the Revised Code, who | 8431 |
| is registered under section 5126.25 of the Revised Code. | 8432 |
| County boards of mental retardation and developmental | 8433 |
| disabilities may hire professional employees and registered | 8434 |
| service employees in the classified service on the basis of the | 8435 |
| candidates' qualifications rather than on the basis of the results | 8436 |
| of an examination | 8437 |
| 8438 |
| Sec. 124.25. The director of administrative services shall | 8439 |
| require persons applying for an examination for original | 8440 |
| appointment to office or position in the service of the state to | 8441 |
| file with the director, within reasonable time prior to the | 8442 |
| examination, a formal application, in which the applicant shall | 8443 |
| state the applicant's name,
address, and | 8444 |
| information as may reasonably be required concerning the | 8445 |
| applicant's education and experience. No inquiry shall be made as | 8446 |
| to religious or political affiliations or as to racial or ethnic | 8447 |
| origin of the applicant, except as necessary to gather equal | 8448 |
| employment opportunity or other statistics that, when compiled, | 8449 |
| will not identify any specific individual. | 8450 |
| Blank forms for applications shall be furnished by the | 8451 |
|
director without charge to any person requesting | 8452 |
| application. The
director may require in connection with | 8453 |
| application | 8454 |
| applicant as the good of the service demands. The director may | 8455 |
| refuse to appoint or examine an applicant, or, after an | 8456 |
| examination, refuse to certify the applicant as eligible, who is | 8457 |
| found to lack any of the established preliminary requirements for | 8458 |
| the examination, who is addicted to the habitual use of | 8459 |
| intoxicating liquors or drugs to excess, who has a pattern of poor | 8460 |
| work habits and performance with previous employers, who has been | 8461 |
| convicted of a felony, who has been guilty of infamous or | 8462 |
| notoriously disgraceful conduct, who has been dismissed from | 8463 |
| either branch of the civil service for delinquency or misconduct, | 8464 |
| or who has made false statements of any material fact, or | 8465 |
| practiced, or attempted to practice, any deception or fraud in the | 8466 |
| application or examination, in establishing eligibility, or in | 8467 |
| securing an appointment. | 8468 |
| Sec. 124.26. (A) Except as provided in | 8469 |
| (B) | 8470 |
| for offices or positions in the service of the state, the director | 8471 |
| of administrative services shall prepare an eligible list of the | 8472 |
| persons whose general average standing upon
examinations for | 8473 |
| the grade or class is not less than the minimum fixed by the rules | 8474 |
| of the director | 8475 |
| persons shall take rank upon the eligible list as candidates in | 8476 |
| the order of their relative excellence as determined by the | 8477 |
| examination without reference to priority of the time of | 8478 |
| examination. | 8479 |
| same mark in an open competitive examination, priority in the time | 8480 |
| of filing the application with the director shall determine the | 8481 |
| order in which their names shall be placed on
the eligible list | 8482 |
| 8483 | |
| under section 124.23 of the Revised Code shall receive priority in | 8484 |
| rank on the eligible list over nonveterans on the list with a | 8485 |
| rating equal to that of the veteran. Ties among veterans shall be | 8486 |
| decided by priority of
filing the application. | 8487 |
| two or more applicants
| 8488 |
| promotional examination, seniority shall determine the order in | 8489 |
| which their names shall be placed on the eligible list. The term | 8490 |
| of eligibility of each list shall be fixed by the director at not | 8491 |
| less than one | 8492 |
| When an eligible list is reduced to ten names or less, a new | 8493 |
| list may be prepared. The director may consolidate two or more | 8494 |
| eligible lists of the same kind by the rearranging of eligibles | 8495 |
| named | 8496 |
| (B) A person serving as a provisional employee who passes an | 8497 |
| examination for an office or position in the service of the state, | 8498 |
| given for the department in which | 8499 |
| the class or grade in which the person holds the office or | 8500 |
| position shall be appointed as a certified employee in the office | 8501 |
| or position before the director of administrative services | 8502 |
| prepares an eligible list. | 8503 |
| Sec. 124.27. (A) The head of a department, office, or | 8504 |
| institution, in which a position in the classified civil service | 8505 |
| of the state is to be filled, shall notify the director of | 8506 |
| administrative services of the fact, and the director shall, | 8507 |
| except as otherwise provided in this section and sections 124.30 | 8508 |
| and 124.31 of the Revised Code, certify to the appointing | 8509 |
| authority the names and addresses of the ten candidates standing | 8510 |
| highest on the eligible list for the class or grade to which the | 8511 |
| position belongs | 8512 |
| less than ten names if ten names are not available. When less than | 8513 |
| ten names are certified to an appointing authority, appointment | 8514 |
| from that list shall not be mandatory. When a position in the | 8515 |
| classified service in the department of mental health or the | 8516 |
| department of mental retardation and developmental disabilities is | 8517 |
| to be filled, the director of administrative services shall make | 8518 |
| such certification to the appointing authority within seven | 8519 |
| working days of the date the eligible list is requested. | 8520 |
| (B) | 8521 |
| administrative services of
| 8522 |
| service of the state to be filled, and the appointing authority | 8523 |
| shall
fill | 8524 |
| ten persons certified by the director. If more than one position | 8525 |
| is to be
filled, the director | 8526 |
| certify a group of names from the eligible list and the appointing | 8527 |
| authority
shall appoint in the
following manner: | 8528 |
| beginning at the top of the list, each time a selection is made it | 8529 |
| must be from one of the first ten candidates remaining on the list | 8530 |
| who is willing to accept consideration for the position. If an | 8531 |
| eligible list becomes exhausted, and until a new list can be | 8532 |
| created, or when no
eligible list for | 8533 |
| names may be certified from eligible lists most appropriate for | 8534 |
| the group or class in which the position to be filled is | 8535 |
| classified. A person who is certified from an eligible list more | 8536 |
| than three times to the same appointing authority for the same or | 8537 |
| similar positions, may be omitted from future certification to | 8538 |
| 8539 | |
| temporary appointment shall not
be counted as
one of | 8540 |
| certifications. Every soldier, sailor, marine, coast guarder, | 8541 |
| member of the auxiliary corps as established by congress, member | 8542 |
| of the army nurse corps, or navy nurse corps, or red cross nurse | 8543 |
| who has served in the army, navy, or hospital service of the | 8544 |
| United States, and such other military service as is designated by | 8545 |
| congress in the war with Spain, including the Philippine | 8546 |
| insurrection and the Chinese relief expedition, or from April 21, | 8547 |
| 1898, to July 4, 1902, World War I, World War II, or during the | 8548 |
| period beginning May 1, 1949, and lasting so long as the armed | 8549 |
| forces of the United States are engaged in armed conflict or | 8550 |
| occupation duty, or the selective service or similar conscriptive | 8551 |
| acts are in effect in the United States, whichever is the later | 8552 |
| date, who has been honorably discharged or separated under | 8553 |
|
honorable conditions | 8554 |
|
and whose name is on the
eligible list for
a position | 8555 |
|
entitled to preference in an original
| 8556 |
| 8557 | |
| 8558 | |
| 8559 | |
| 8560 | |
| 8561 | |
| classified civil service of the state, that are not filled by | 8562 |
| promotion, transfer, or reduction, as provided in sections 124.01 | 8563 |
| to 124.64 of the Revised Code and the rules of the director | 8564 |
| prescribed under those sections, shall be made only from those | 8565 |
| persons whose names are certified to the appointing authority, and | 8566 |
| no employment, except as provided in those sections, shall be | 8567 |
| otherwise given in
the classified civil service of
| 8568 |
| 8569 |
| (C) All original and promotional appointments, including | 8570 |
| provisional appointments made pursuant to section 124.30 of the | 8571 |
| Revised Code, shall be for a probationary period, not less than | 8572 |
|
sixty days | 8573 |
| appropriate rules | 8574 |
| 124.231 of the Revised Code, or except original appointments to a | 8575 |
| police
department as a
police officer | 8576 |
| a firefighter which shall be for a probationary period of one | 8577 |
| year | 8578 |
| appointee has satisfactorily served the probationary period. | 8579 |
| Service as a provisional employee in the same or similar class | 8580 |
| shall be included in the probationary period. If the service of | 8581 |
| the probationary employee is unsatisfactory, the employee may be | 8582 |
| removed or reduced at any time during the probationary period. If | 8583 |
| the appointing authority's decision is to remove the appointee, | 8584 |
| the appointing authority's communication to the director or | 8585 |
| commission shall indicate the reason for that decision. A | 8586 |
| probationary employee duly removed or reduced in position for | 8587 |
| unsatisfactory service does not have the right to appeal the | 8588 |
| removal or reduction under section 124.34 of the Revised Code. | 8589 |
| Sec. 124.29. Any person who, at the time of holding an | 8590 |
| office or position in the public service, enters the uniformed | 8591 |
| services, as defined in section 5903.01 of the Revised Code, is | 8592 |
| entitled to reinstatement in accordance with the "Uniformed | 8593 |
| Services Employment and Reemployment Rights Act of 1994," 108 | 8594 |
| Stat. 3149, 38 U.S.C.A. 4301 to 4333. | 8595 |
| The director of administrative services shall adopt rules in | 8596 |
| accordance with Chapter 119. of the Revised Code for the | 8597 |
| implementation of this section with regard to the reinstatement of | 8598 |
| persons in the service of the state. | 8599 |
| Sec. 124.30. (A) Positions in the classified civil service | 8600 |
| of the state may be filled without competition as follows: | 8601 |
| (1) Whenever there are urgent reasons for filling a vacancy | 8602 |
| in any position in the classified civil service of the state and | 8603 |
| the director of administrative services is unable to certify to | 8604 |
| the
appointing authority, upon | 8605 |
| request, a list of
persons eligible for appointment to | 8606 |
| position after a competitive examination, the appointing authority | 8607 |
| may nominate a person to the director for noncompetitive | 8608 |
| examination, and if
| 8609 |
| as qualified after | 8610 |
| nominee may be appointed
provisionally to
fill | 8611 |
| until a selection and appointment can be made after competitive | 8612 |
| examination | 8613 |
| continue in force only until a regular appointment can be made | 8614 |
| from eligible lists prepared by the director, and | 8615 |
| eligible lists shall be prepared within six months, provided that | 8616 |
| an examination for the position must be held within the six-month | 8617 |
|
period from the date of | 8618 |
|
case of provisional appointees in | 8619 |
| 8620 | |
| and department of health, if the salary is paid in whole or in | 8621 |
| part from federal funds, | 8622 |
| within six months, provided that an examination for the position | 8623 |
| must be held within the six-month
period from the date of | 8624 |
| provisional appointment. In case of an emergency, an appointment | 8625 |
| may be made without regard to the rules of sections 124.01 to | 8626 |
| 124.64 of the Revised Code, but in no case to continue longer than | 8627 |
| thirty days, and in no case shall successive appointments be made. | 8628 |
| Interim or temporary appointments, made necessary by reason of | 8629 |
| sickness, disability, or other approved leave of absence of | 8630 |
| regular officers or
employees shall continue only during | 8631 |
| period of sickness, disability, or other approved leave of | 8632 |
| absence, subject to rules
| 8633 |
| (2) In case of a vacancy in a position in the classified | 8634 |
| civil service of the state where peculiar and exceptional | 8635 |
| qualifications of a scientific, managerial, professional, or | 8636 |
| educational character are required, and upon satisfactory evidence | 8637 |
| that for specified
reasons competition in | 8638 |
| is impracticable and that the position can best be filled by a | 8639 |
| selection of some designated person of high and recognized | 8640 |
| attainments in | 8641 |
| provisions of sections
124.01 to 124.64 of the Revised Code | 8642 |
| 8643 | |
| no suspension shall be general in its application | 8644 |
| such cases of suspension shall be reported in the annual report of | 8645 |
| the director with the reasons for | 8646 |
| director shall suspend the provisions when the director of job and | 8647 |
| family services
provides | 8648 |
| 5101.051 of the Revised Code that a position with the department | 8649 |
| of job and family services can best be filled if the provisions | 8650 |
| are suspended. | 8651 |
| (3) | 8652 |
| for a temporary period, not to exceed six months, and the need of | 8653 |
| 8654 | |
|
may select for | 8655 |
| list of those eligible for permanent appointment. Successive | 8656 |
| temporary appointments to the same position shall not be made | 8657 |
| under this division. The acceptance or refusal by an eligible | 8658 |
| person of a temporary appointment shall not affect the person's | 8659 |
| standing on the
| 8660 |
| appointment, nor shall the period of temporary service be counted | 8661 |
| as a part of the probationary service in case of subsequent | 8662 |
| appointment to a permanent position. | 8663 |
| (B) Persons who receive external interim, temporary, or | 8664 |
| intermittent appointments are in the unclassified civil service | 8665 |
| and serve at the pleasure of their appointing authority. Interim | 8666 |
| appointments shall be made only to fill a vacancy that results | 8667 |
| from an employee's temporary absence, but shall not be made to | 8668 |
| fill a vacancy that results because an employee receives an | 8669 |
| interim appointment. | 8670 |
| Sec. 124.31. (A) Vacancies in positions in the classified | 8671 |
|
service shall be filled insofar as practicable by promotions.
| 8672 |
| In the case of a vacancy in a position in the classified civil | 8673 |
| service of the state, the director of administrative services | 8674 |
| shall provide in the director's rules for keeping a record of | 8675 |
| efficiency for each employee in the classified civil service of | 8676 |
| the state, and for making promotions in the classified civil | 8677 |
|
service of the state on the basis of merit, to be ascertained | 8678 |
| 8679 | |
| and capacity
in office, and by seniority in service | 8680 |
| director shall provide that vacancies in positions in the | 8681 |
| classified civil service of the state shall be filled by promotion | 8682 |
| in all cases where, in the judgment of the director, it is for the | 8683 |
| best interest of the service. | 8684 |
| (B) All examinations for promotions shall be competitive and | 8685 |
| may be conducted in the same manner as examinations described in | 8686 |
| section 124.23 of the Revised Code. In promotional examinations, | 8687 |
| seniority in service shall be added to the examination grade, but | 8688 |
| no credit for seniority or any other reason shall be added to an | 8689 |
| examination grade unless the applicant achieves at least the | 8690 |
| minimum passing score on the examination without
counting | 8691 |
| that extra credit. Credit for seniority shall equal, for the first | 8692 |
| four years of service, one per cent of the total grade attainable | 8693 |
| in the promotion examination, and, for each of the fifth through | 8694 |
| fourteenth years of service, six-tenths per cent of the total | 8695 |
| grade attainable. | 8696 |
| In all cases of vacancies in positions in the classified | 8697 |
| civil service of the state, where vacancies are to be filled by | 8698 |
| promotion, the director of administrative services shall certify | 8699 |
| to the appointing authority only the names of the three persons | 8700 |
| having the highest rating on the eligible list. The method of | 8701 |
| examination for promotions, the manner of giving notice
| 8702 |
| an examination, and the rules governing the same shall be in | 8703 |
| general the same as those provided for original examinations, | 8704 |
| except as otherwise provided in sections 124.01 to 124.64 of the | 8705 |
| Revised Code. | 8706 |
| Sec. 124.311. (A) Following any classification change within | 8707 |
| a classification series, a certified employee in the classified | 8708 |
| civil service of the state retains certification. When an employee | 8709 |
| receives a classification change to a classification outside the | 8710 |
|
series in which | 8711 |
| made by rules adopted under division (B) of this section, the | 8712 |
| employee does not retain certified status. | 8713 |
| If an employee is in a provisional status following a | 8714 |
| classification change due to the operation of this section and is | 8715 |
| displaced within two years of receiving the change for any reason | 8716 |
| other than those listed in section 124.32, 124.321, 124.322, | 8717 |
| 124.323, 124.324, 124.325, 124.326, 124.327, 124.34, or 124.62 of | 8718 |
| the Revised Code, the employee shall be returned as a certified | 8719 |
| employee to the classification held immediately prior to the | 8720 |
|
classification change, provided | 8721 |
| that classification. If the former classification is not or cannot | 8722 |
| be used by the appointing authority in the agency in which the | 8723 |
| employee received the classification change, the director of | 8724 |
| administrative services shall designate a classification with | 8725 |
| comparable duties and the same pay range as the classification | 8726 |
| 8727 | |
| the employee was certified. If a similar classification cannot be | 8728 |
| designated, the employee retains certification in the | 8729 |
|
classification in which | 8730 |
| prior to the
classification change, and | 8731 |
| treated as a laid-off employee under sections 124.321 to 124.327 | 8732 |
| of the Revised Code. If an employee receives a classification | 8733 |
| change subsequent to being placed in a provisional status, the | 8734 |
| employee is not eligible to be returned to the classification in | 8735 |
| which | 8736 |
| change. | 8737 |
| If an employee is in a provisional status due to the | 8738 |
| application of this section and is displaced under section 124.32, | 8739 |
| 124.321, 124.322, 124.323, 124.324, 124.325, 124.326, 124.327, | 8740 |
| 124.34, or 124.62 of the Revised Code, the employee has no right | 8741 |
| under this section to return to the classification held prior to | 8742 |
| the classification change, except that if an employee receives a | 8743 |
| probationary reduction or voluntary demotion to a classification | 8744 |
| in which | 8745 |
| change within two years after the change, the employee shall be | 8746 |
| returned as a certified employee to the prior classification in | 8747 |
| which | 8748 |
| Whenever the director or the general assembly changes the | 8749 |
| state classification plan, an employee shall retain certification | 8750 |
| in the same or similar classification held immediately prior to | 8751 |
|
the change in the classification plan, provided | 8752 |
| was certified under the former plan. | 8753 |
| Whenever the position held by a classified employee is | 8754 |
| reclassified as a result of a job audit outside the classification | 8755 |
| series in which | 8756 |
| be treated as having received a classification change under this | 8757 |
| section and be given credit for the time | 8758 |
| the duties of the new classification for purposes of a | 8759 |
| probationary period under section 124.27 of the Revised Code. | 8760 |
| The employee may, however, choose not to accept the | 8761 |
|
reclassified position, in which case | 8762 |
| 8763 | |
| employee was certified, and the appointing authority shall assign | 8764 |
| the employee to a position with that classification or abolish the | 8765 |
| former position. | 8766 |
| (B) The director of administrative services shall make rules | 8767 |
| in accordance with Chapter 119. of the Revised Code implementing | 8768 |
| division (A) of this section with regard to the state | 8769 |
| classification plan and employees in the service of the state. The | 8770 |
| rules shall provide: | 8771 |
| (1) Specific criteria for retention of certification | 8772 |
| following a classification change from one classification to | 8773 |
|
another outside the classification series | 8774 |
| (2) For the publication of a list of classifications with the | 8775 |
| same or similar duties in which the employee will retain | 8776 |
| certification following certain classification changes and in | 8777 |
|
which displacement rights apply | 8778 |
| (3) For an employee who is displaced within a two-year period | 8779 |
| following a classification change to return to the former position | 8780 |
| in which | 8781 |
| (A) of this section. | 8782 |
| Sec. 124.32. (A) With the consent of the director of | 8783 |
| administrative services, a person holding an office or position in | 8784 |
| the classified civil service of the state may be transferred to a | 8785 |
| similar office or position in another office, department, or | 8786 |
| institution having the same pay and similar duties; but no | 8787 |
| transfer shall be made | 8788 |
| (1) From an office or position in one class to an office or | 8789 |
| position in
another class | 8790 |
| (2) To an office or position for original entrance to which | 8791 |
| there is required by sections 124.01 to 124.64 of the Revised | 8792 |
| Code, or the rules
adopted pursuant to | 8793 |
| examination involving essential tests or qualifications or | 8794 |
| carrying a salary different from or higher than those required for | 8795 |
| original entrance to an
office or position held
by | 8796 |
| person. | 8797 |
| (B) Any person holding an office or position | 8798 |
| classified civil service of the state who has been separated from | 8799 |
| the service without delinquency or misconduct on the person's part | 8800 |
| may, with the consent of the director, be reinstated within one | 8801 |
| year from the
date of | 8802 |
| same or similar
office
or position in the same department | 8803 |
| 8804 | |
| physical disability, | 8805 |
| same office held or in a similar position to that held at the time | 8806 |
| of separation, within thirty days after written application for | 8807 |
| reinstatement and after passing a physical examination made by a | 8808 |
| licensed physician, a physician assistant, a clinical nurse | 8809 |
| specialist, a certified nurse practitioner, or a certified | 8810 |
|
nurse-midwife
showing that the
person has recovered from
| 8811 |
| injury or physical
disability,
provided | 8812 |
| application for
reinstatement | 8813 |
| the date of
separation | 8814 |
|
application | 8815 |
| eligibility retirement. The physician, physician assistant, | 8816 |
| clinical nurse specialist, certified nurse practitioner, or | 8817 |
| certified nurse-midwife shall be designated by the appointing | 8818 |
| authority and shall complete any written documentation of the | 8819 |
| physical examination. | 8820 |
| Sec. 124.321. (A) Whenever it becomes necessary for an | 8821 |
| appointing authority to reduce its work force, the appointing | 8822 |
| authority shall lay off employees or abolish their positions in | 8823 |
| accordance with sections 124.321 to 124.327 of the Revised Code | 8824 |
| and, in the case of employees in the service of the state, | 8825 |
| pursuant to the rules of the director of administrative services. | 8826 |
| (B)(1) Employees may be laid off as a result of a lack of | 8827 |
| funds within an appointing authority. For appointing authorities | 8828 |
| 8829 | |
| of the auditor of state, the director of budget and management | 8830 |
| shall be responsible for determining whether a lack of funds | 8831 |
| exists.
For | 8832 |
| persons whose salary or wage is paid other than by warrant of the | 8833 |
| auditor of
state, the appointing authority | 8834 |
| determine whether a
lack of funds exists | 8835 |
| 8836 | |
| 8837 | |
| 8838 |
| | 8839 |
| appointing authority has a current or projected deficiency of | 8840 |
| funding to maintain current, or to sustain projected, levels of | 8841 |
| staffing and operations. This section does not require any | 8842 |
| transfer of money between funds in order to offset a deficiency or | 8843 |
| projected deficiency of federal funding for a program. | 8844 |
| (3) The director of budget and management shall | 8845 |
| adopt rules, under Chapter 119. of the Revised Code, for agencies | 8846 |
| whose employees are paid by warrant of the auditor of state, for | 8847 |
| determining whether a lack of funds exists. | 8848 |
| (C)(1) Employees may be laid off as a result of lack of work | 8849 |
| within an appointing authority. For appointing authorities whose | 8850 |
| employees are paid by warrant of the auditor of state, the | 8851 |
| director of administrative services shall determine whether a lack | 8852 |
| of work exists. All other appointing authorities shall themselves | 8853 |
| determine whether a lack of work exists | 8854 |
| 8855 | |
| 8856 |
| | 8857 |
| 8858 | |
| projected temporary decrease in the workload, expected to last | 8859 |
| less than one year, | 8860 |
| projected staffing levels. The determination of a lack of work | 8861 |
| shall indicate the current or projected temporary decrease in the | 8862 |
| workload of an appointing authority and whether the current or | 8863 |
| projected staffing levels of the appointing authority will be | 8864 |
| excessive. | 8865 |
| (D)(1) Employees may be laid off as a result of abolishment | 8866 |
|
of positions. | 8867 |
| means the | 8868 |
| organization or structure of an
appointing authority | 8869 |
| 8870 |
| For purposes of this division, an appointing authority may | 8871 |
| abolish positions for any one or any combination of the following | 8872 |
| reasons: as a result of a reorganization for the efficient | 8873 |
| operation of the appointing authority, for reasons of economy, or | 8874 |
| for lack of
work. | 8875 |
| 8876 | |
| 8877 |
| (2)(a) Reasons of economy permitting an appointing authority | 8878 |
| to abolish a position and to lay off the holder of that position | 8879 |
| under this division shall be determined at the time the appointing | 8880 |
| authority proposes to abolish the position. The reasons of economy | 8881 |
| shall be based on the appointing authority's estimated amount of | 8882 |
| savings with respect to salary, benefits, and other matters | 8883 |
| associated with the abolishment of the position, except that the | 8884 |
| reasons of economy associated with the position's abolishment | 8885 |
| instead may be based on the appointing authority's estimated | 8886 |
| amount of savings with respect to salary and benefits only, if: | 8887 |
| (i) Either the appointing authority's operating appropriation | 8888 |
| has been reduced by an executive or legislative action, or the | 8889 |
| appointing authority has a current or projected deficiency in | 8890 |
| funding to maintain current or projected levels of staffing and | 8891 |
| operations; and | 8892 |
| (ii) In the case of an appointing authority that is | 8893 |
| abolishing a position in the service of the state, it files a | 8894 |
| notice of the position's abolishment with the director of | 8895 |
| administrative services within one year of the occurrence of the | 8896 |
| applicable circumstance described in division (D)(2)(a)(i) of this | 8897 |
| section. | 8898 |
| (b) The following principles apply when a circumstance | 8899 |
| described in division (D)(2)(a)(i) of this section would serve to | 8900 |
| authorize an appointing authority to abolish a position and to lay | 8901 |
| off the holder of the position under this division based on the | 8902 |
| appointing authority's estimated amount of savings with respect to | 8903 |
| salary and benefits only: | 8904 |
| (i) The position's abolishment shall be done in good faith | 8905 |
| and not as a subterfuge for discipline. | 8906 |
| (ii) If a circumstance affects a specific program only, the | 8907 |
| appointing authority only may abolish a position within that | 8908 |
| program. | 8909 |
| (iii) If a circumstance does not affect a specific program | 8910 |
| only, the appointing authority may identify a position that it | 8911 |
| considers appropriate for abolishment based on the reasons of | 8912 |
| economy. | 8913 |
| (3) Each appointing authority shall | 8914 |
| itself whether any position should be abolished and, if the | 8915 |
| appointing authority is abolishing any position in the service of | 8916 |
| the state, shall file a statement of rationale and supporting | 8917 |
| documentation with the director of administrative services prior | 8918 |
| to sending the notice
of abolishment. | 8919 |
| If an abolishment results in a reduction of the work force, | 8920 |
| the appointing authority shall follow the procedures for laying | 8921 |
| off employees, subject to the following modifications: | 8922 |
| | 8923 |
| have the right to fill an available vacancy within the employee's | 8924 |
|
classification | 8925 |
| | 8926 |
| more retention points than any other employee serving in the same | 8927 |
|
classification, | 8928 |
| shall be displaced | 8929 |
| | 8930 |
| the fewest retention points in the classification, the employee | 8931 |
| shall have the right to fill an available vacancy in a lower | 8932 |
|
classification in the classification series | 8933 |
| | 8934 |
| the fewest retention points in the classification, the employee | 8935 |
| shall displace the employee with the fewest retention points in | 8936 |
| the next or successively lower classification in the | 8937 |
| classification series. | 8938 |
| (E) | 8939 |
| service of the state, the director of administrative services | 8940 |
| shall
| 8941 |
| Code | 8942 |
| authority, for the abolishment of positions by an appointing | 8943 |
| authority, and for the implementation of this section. | 8944 |
| Sec. 124.322. Whenever a reduction in the work force is | 8945 |
| necessary, the appointing authority of an agency shall decide in | 8946 |
| which classification or classifications the layoff or layoffs will | 8947 |
| occur and the number of employees to be laid off within each | 8948 |
| affected classification. The director of administrative services | 8949 |
| shall
| 8950 |
| Code | 8951 |
| an order of layoff and the displacement and recall of laid-off | 8952 |
| 8953 | |
|
shall be based in part on length of service and | 8954 |
| efficiency in
service, appointment type, or | 8955 |
| director considers appropriate. If the director establishes | 8956 |
| relative efficiency as a criterion to be used in determining order | 8957 |
| of layoff for | 8958 |
| state, credit for efficiency may be other than ten per cent of | 8959 |
| total retention points. | 8960 |
| Sec. 124.323. (A) Employees shall be laid off in the order | 8961 |
| set forth in this section within the primary appointment | 8962 |
| categories of part-time, seasonal, and full-time, and other | 8963 |
| appointment categories | 8964 |
| service of the state, shall be established by the director of | 8965 |
| administrative services. | 8966 |
| (B) Whenever a reduction in force is necessary within each of | 8967 |
| the primary appointment categories, first seasonal, then part-time | 8968 |
| permanent, and then full-time permanent employees shall be laid | 8969 |
| off in the following order: | 8970 |
| (1) Employees serving provisionally who have not completed | 8971 |
| their probationary period after appointment; | 8972 |
| (2) Employees serving provisionally who have satisfactorily | 8973 |
| completed their probationary period after appointment; | 8974 |
| (3) Employees appointed from certified eligible lists or who | 8975 |
| are certified and who have not completed their probationary period | 8976 |
| after appointment; | 8977 |
| (4) Employees appointed from certified eligible lists or who | 8978 |
| are certified and who have successfully completed their | 8979 |
| probationary period after appointment. | 8980 |
| Sec. 124.324. (A) A laid-off employee has the right to | 8981 |
| displace the employee with the fewest retention points in the | 8982 |
| classification from which the employee was laid off or in a lower | 8983 |
| or equivalent classification, in the following order: | 8984 |
| (1) Within the classification from which the employee was | 8985 |
| laid off; | 8986 |
| (2) Within the classification series from which the employee | 8987 |
| was laid off; | 8988 |
| (3) Within a classification which has the same or similar | 8989 |
| duties as the classification from which the employee was laid | 8990 |
|
off | 8991 |
| shall be in accordance with the list published by the director of | 8992 |
| administrative services under division (B)(2) of section 124.311 | 8993 |
| of the Revised Code | 8994 |
| (4) Within the classification the employee held immediately | 8995 |
| prior to holding the classification from which the employee was | 8996 |
| laid off. | 8997 |
| Divisions (A)(3) and (4) of this section shall not apply to | 8998 |
| employees of cities, city health districts, and counties, except | 8999 |
| for employees of county departments of job and family services. | 9000 |
| A laid-off employee in the classified service has the right | 9001 |
| to displace an employee with the fewest retention points in the | 9002 |
| classification that the laid-off employee held immediately prior | 9003 |
| to holding the classification from which the employee was laid | 9004 |
| off, if the laid-off employee was certified in the former | 9005 |
| classification. If a position in that classification does not | 9006 |
| exist, then the employee may displace employees in the | 9007 |
| classification that the employee next previously held, and so on, | 9008 |
| subject to the same provisions. The employee may not displace | 9009 |
| employees in a classification if the employee does not meet the | 9010 |
| minimum qualifications of the classification, or if the employee | 9011 |
| held the classification more than five years prior to the date on | 9012 |
| which the employee was laid off, except that failure to meet | 9013 |
| minimum qualifications shall not prevent the employee from | 9014 |
| displacing employees in the classification that the employee next | 9015 |
| previously held within that five-year period. | 9016 |
| If, after exercising displacement rights, an employee is | 9017 |
| subject to further layoff action, the employee's displacement | 9018 |
| rights shall be in accordance with the classification from which | 9019 |
| the employee was first laid off. | 9020 |
| The director shall verify the calculation of the retention | 9021 |
| points of all employees in the service of the state in an affected | 9022 |
| classification in accordance with section 124.325 of the Revised | 9023 |
| Code. | 9024 |
| (B) Following the order of layoff, an employee laid off in | 9025 |
| the classified civil service shall displace another employee | 9026 |
| within the same appointing authority or independent institution | 9027 |
| and layoff jurisdiction in the following manner: | 9028 |
| (1) Each laid-off employee possessing more retention points | 9029 |
| shall displace the employee with the fewest retention points in | 9030 |
| the next lower classification or successively lower classification | 9031 |
| in the same classification series; except that a laid-off | 9032 |
| provisional employee shall not have the right to displace a | 9033 |
| certified employee | 9034 |
| (2) Any employee displaced by an employee possessing more | 9035 |
| retention points shall displace the employee with the fewest | 9036 |
| retention points in the next lower classification or successively | 9037 |
| lower classification in the same classification series; except | 9038 |
| that a displaced provisional employee shall not displace a | 9039 |
| certified employee. This process shall continue, if necessary, | 9040 |
| until the employee with the fewest retention points in the lowest | 9041 |
| classification of the classification series of the same appointing | 9042 |
| authority or independent institution has been reached and, if | 9043 |
| necessary, laid off. | 9044 |
| (C) Employees shall notify the appointing authority of their | 9045 |
| intention to exercise their displacement rights, within five days | 9046 |
| after receiving notice of layoff. | 9047 |
| (D) No employee shall displace an employee for whose position | 9048 |
| or classification there exists special minimum qualifications, as | 9049 |
| established by a position description, by classification | 9050 |
| specifications, or by bona fide occupational qualification, unless | 9051 |
| the employee desiring to displace another employee possesses the | 9052 |
| requisite minimum qualifications for the position or | 9053 |
| classification. | 9054 |
| (E) If an employee exercising displacement rights must | 9055 |
| displace an employee in another county within the same layoff | 9056 |
| district, the displacement shall not be construed to be a | 9057 |
| transfer. | 9058 |
| (F) The director of administrative services shall
| 9059 |
| adopt rules | 9060 |
| implementation of this section with regard to employees in the | 9061 |
| service of the state. | 9062 |
| Sec. 124.325. (A) Retention points to reflect the length of | 9063 |
| continuous service and efficiency in service for all employees in | 9064 |
| the service of the state affected by a layoff shall be verified by | 9065 |
| the director of administrative services. | 9066 |
| (B) An employee's length of continuous service will be | 9067 |
| carried from one layoff jurisdiction to another so long as no | 9068 |
|
break in service occurs between | 9069 |
| (C) Retention points for efficiency in service shall be | 9070 |
| determined by averaging the employee's latest two annual | 9071 |
| performance evaluations. An employee with less than two years of | 9072 |
| service will have the latest performance evaluation used. Any | 9073 |
| employees with less than one year of service will have their final | 9074 |
| probationary evaluation used. | 9075 |
| (D) Should two or more employees have an identical number of | 9076 |
| retention points, employees having the shortest period of | 9077 |
| continuous service shall be laid off first. | 9078 |
| (E)(1) As used in this division, "affected employee" means a | 9079 |
| city employee who becomes a county employee, or a county employee | 9080 |
| who becomes a city employee, as the result of any of the | 9081 |
| following: | 9082 |
| (a) The merger of a city and a county office; | 9083 |
| (b) The merger of city and county functions or duties; | 9084 |
| (c) The transfer of functions or duties between a city and | 9085 |
| county. | 9086 |
| (2) For purposes of this section, the new employer of any | 9087 |
| affected employee shall treat the employee's prior service with | 9088 |
| 9089 | |
| employer. | 9090 |
| (F) The director of administrative services shall | 9091 |
| adopt rules | 9092 |
| to establish a system for the assignment of retention points for | 9093 |
| each employee in the service of the state in a classification | 9094 |
| affected by a layoff and for determining, in those instances where | 9095 |
| employees have identical retention points, which employee shall be | 9096 |
| laid off first. | 9097 |
| Sec. 124.33. An employee holding a position in the | 9098 |
| classified civil service of the state may be temporarily | 9099 |
| transferred
from | 9100 |
| position, for a period not to exceed thirty days, or for a longer | 9101 |
| period not to exceed ninety days if agreed to by the employee and | 9102 |
| employer. | 9103 |
| No employee shall be temporarily transferred more than once | 9104 |
| during any six-month period without the approval of the director | 9105 |
|
of administrative services, who, by rule, shall set
guidelines | 9106 |
| 9107 | |
| all appointing authorities when making a temporary transfer and | 9108 |
| list those classifications where the nature of the employment is | 9109 |
| such that systematic changes in the location of an employee's work | 9110 |
| assignments are necessary for the efficient operation of an | 9111 |
| office, department, or institution. | 9112 |
| If the director approves a second temporary transfer within | 9113 |
| any six-month period and the employee objects to the transfer | 9114 |
|
because | 9115 |
|
director's rules | 9116 |
| changes in the employee's work assignment or because it is not | 9117 |
| necessary for the efficient operation of the office, department, | 9118 |
| or institution, the employee may appeal such transfer to the state | 9119 |
| personnel board of review. If the board finds that the position | 9120 |
| held by the employee is not by its nature subject to systematic | 9121 |
| changes or that a temporary transfer is not necessary for the | 9122 |
| efficient operation of the office, department, or institution, it | 9123 |
| shall not approve the transfer. If the board finds that the | 9124 |
| temporary transfer is necessary for the efficient operation of the | 9125 |
| office, department, or institution or that the position is by its | 9126 |
| nature subject to systematic changes, it shall approve the | 9127 |
| transfer. | 9128 |
| Any employee who is temporarily transferred from | 9129 |
| employee's original position to a similar position in excess of | 9130 |
| twenty
miles
from | 9131 |
| reimbursed, by the appointing authority requesting the transfer, | 9132 |
| for all actual and
necessary expenses incurred during | 9133 |
| temporary transfer. | 9134 |
| An appointing authority may, with the approval of the | 9135 |
| director of administrative services, permanently transfer an | 9136 |
|
employee in the classified civil service of the state from | 9137 |
| employee's original position to a similar position in another | 9138 |
| office, department, or institution. For purposes of this section, | 9139 |
| a permanent transfer is any transfer in excess of thirty days | 9140 |
| unless the employee and the employer agree to a longer period not | 9141 |
| to exceed ninety days. The appointing authority requesting the | 9142 |
| permanent transfer shall notify the employee and the director in | 9143 |
| writing of the request to transfer. If the director determines | 9144 |
| that the transfer is not necessary for the efficient operation of | 9145 |
| the office, department,
or institution, | 9146 |
| approve the transfer and shall notify the appointing authority and | 9147 |
| the employee in writing that
transfer is not approved. If | 9148 |
| director finds that the transfer is necessary for the efficient | 9149 |
| operation of the office, department,
or institution, | 9150 |
| director shall notify the appointing authority and the employee | 9151 |
| involved in the request for transfer, in writing, that the | 9152 |
| transfer is approved, including in such notification a statement | 9153 |
| whether the transfer will require a permanent change of residence | 9154 |
| for the employee. | 9155 |
| If the employee consents to the transfer and is in agreement | 9156 |
| with the director's statement concerning a permanent change of | 9157 |
| residence, the appointing authority of the office, department, or | 9158 |
| institution receiving the employee shall reimburse
| 9159 |
| employee for | 9160 |
| or, if the move requires a permanent change of
residence, | 9161 |
| actual and necessary expenses of moving to | 9162 |
| and a per diem allowance not to exceed thirty days for living | 9163 |
| expenses until | 9164 |
| new location. | 9165 |
| If the employee does not wish to be transferred or | 9166 |
| that the director's decision regarding the need for a permanent | 9167 |
|
change of residence has been unfair, | 9168 |
|
ten days after
receipt of | 9169 |
| the state personnel board of review, but pending determination of | 9170 |
| 9171 |
| In such an appeal, the appointing authority of the office, | 9172 |
| department, or institution receiving the employee shall be | 9173 |
| required to show that the permanent transfer is necessary for the | 9174 |
| efficient operation of the office, department, or institution. If | 9175 |
| the state personnel board of review finds that the transfer is | 9176 |
| necessary for the efficient operation of the office, department, | 9177 |
| or institution, and the employee is transferred, the appointing | 9178 |
| authority of the office, department, or institution receiving the | 9179 |
|
employee shall reimburse | 9180 |
|
necessary expenses of moving to | 9181 |
| the employee a per diem allowance not to exceed thirty days for | 9182 |
|
living expenses until | 9183 |
| the new location. | 9184 |
| If the state personnel board of review finds that the | 9185 |
| transfer is not necessary for the efficient operation of the | 9186 |
| office, department, or institution, and if the employee has moved | 9187 |
|
to the new location pending | 9188 |
| authority of the receiving office, department, or institution | 9189 |
| shall pay the actual and necessary expenses of the employee of | 9190 |
| moving to the new location and actual and necessary expenses for | 9191 |
| returning the
employee to | 9192 |
| Sec. 124.34. (A) The tenure of every officer or employee in | 9193 |
| the classified service of the state and the counties, civil | 9194 |
| service townships, cities, city health districts, general health | 9195 |
| districts, and city school districts of the state, holding a | 9196 |
| position under this chapter, shall be during good behavior and | 9197 |
| efficient service. No | 9198 |
| pay or position, fined, suspended, or removed, except as provided | 9199 |
| in section 124.32 of the Revised Code, and for incompetency, | 9200 |
| inefficiency, dishonesty, drunkenness, immoral conduct, | 9201 |
| insubordination, discourteous treatment of the public, neglect of | 9202 |
| duty, violation of this chapter or the rules of the director of | 9203 |
| administrative services or the commission, any other failure of | 9204 |
| good behavior, any other acts of misfeasance, malfeasance, or | 9205 |
| nonfeasance in office, or conviction of a
felony.
| 9206 |
| An appointing authority may require an employee who is | 9207 |
| suspended to report to work to serve the suspension. An employee | 9208 |
| serving a suspension in this manner shall continue to be | 9209 |
| compensated at the employee's regular rate of pay for hours | 9210 |
| worked. | 9211 |
| employee's personnel file in the same manner as other disciplinary | 9212 |
| actions and has the same effect as a suspension without pay for | 9213 |
| the purpose of recording disciplinary actions. | 9214 |
| A finding by the appropriate ethics commission, based upon a | 9215 |
| preponderance of the evidence, that the facts alleged in a | 9216 |
| complaint under section 102.06 of the Revised Code constitute a | 9217 |
| violation of Chapter 102., section 2921.42, or section 2921.43 of | 9218 |
| the Revised Code may constitute grounds for dismissal. Failure to | 9219 |
| file a statement or falsely filing a statement required by section | 9220 |
| 102.02 of the Revised Code may also constitute grounds for | 9221 |
| dismissal. The tenure of an employee in the career professional | 9222 |
| service of the department of transportation is subject to section | 9223 |
| 5501.20 of the Revised Code. | 9224 |
| Conviction of a felony is a separate basis for reducing in | 9225 |
| pay or position, suspending, or removing an officer or employee, | 9226 |
| even if the officer or employee has already been reduced in pay or | 9227 |
| position, suspended, or removed for the same conduct that is the | 9228 |
| basis of the felony. An officer or employee may not appeal to the | 9229 |
| state personnel board of review or the commission any disciplinary | 9230 |
| action taken by an appointing authority as a result of the | 9231 |
| officer's or employee's conviction of a felony. If an officer or | 9232 |
| employee removed under this section is reinstated as a result of | 9233 |
| an appeal of the removal, any conviction of a felony that occurs | 9234 |
| during the pendency of the appeal is a basis for further | 9235 |
| disciplinary action under this section upon the officer's or | 9236 |
| employee's reinstatement. | 9237 |
| A person convicted of a felony immediately forfeits the | 9238 |
| person's status as a classified employee in any public employment | 9239 |
| on and after the date of the conviction for the felony. If an | 9240 |
| officer or employee is removed under this section as a result of | 9241 |
| being convicted of a felony or is subsequently convicted of a | 9242 |
| felony that involves the same conduct that was the basis for the | 9243 |
| removal, the officer or employee is barred from receiving any | 9244 |
| compensation after the removal notwithstanding any modification or | 9245 |
| disaffirmance of the removal, unless the conviction for the felony | 9246 |
| is subsequently reversed or annulled. | 9247 |
| Any person removed for conviction of a felony is entitled to | 9248 |
| a cash payment for any accrued but unused sick, personal, and | 9249 |
| vacation leave as authorized by law. If subsequently reemployed in | 9250 |
| the public sector, | 9251 |
| these forms of leave in the manner specified by law for a newly | 9252 |
| appointed employee and shall not be credited with prior public | 9253 |
| service for the purpose of receiving these forms of leave. | 9254 |
| As used in this division, "felony" means any of the | 9255 |
| following: | 9256 |
| (1) A felony that is an offense of violence as defined in | 9257 |
| section 2901.01 of the Revised Code; | 9258 |
| (2) A felony that is a felony drug abuse offense as defined | 9259 |
| in section 2925.01 of the Revised Code; | 9260 |
| (3) A felony under the laws of this or any other state or the | 9261 |
| United States that is a crime of moral turpitude; | 9262 |
| (4) A felony involving dishonesty, fraud, or theft; | 9263 |
| (5) A felony that is a violation of section 2921.05, 2921.32, | 9264 |
| or 2921.42 of the Revised Code. | 9265 |
| (B) In case of a reduction, suspension of more than three | 9266 |
| working days, fine in excess of three days' pay, or removal, | 9267 |
| except for the reduction or removal of a probationary employee, | 9268 |
| the appointing authority shall serve the employee with a copy of | 9269 |
| the order of reduction, fine, suspension, or removal, which order | 9270 |
| shall state the reasons for the action. The order shall be filed | 9271 |
| with the director of administrative services, in the case of an | 9272 |
| employee in the service of the state, and the state personnel | 9273 |
| board of review | 9274 |
| Within ten days following the date on which the order is | 9275 |
| served or, in the case of an employee in the career professional | 9276 |
| service of the department of transportation, within ten days | 9277 |
| following the filing of a removal order, the employee, except as | 9278 |
| otherwise provided in this section, may file an appeal of the | 9279 |
| order in writing with the state personnel board of review or the | 9280 |
| commission. For purposes of this section, the date on which an | 9281 |
| order is served is the date of hand delivery of the order or the | 9282 |
| date of delivery of the order by certified United States mail, | 9283 |
| whichever occurs
first. If | 9284 |
| commission shall forthwith notify the appointing authority and | 9285 |
| shall hear, or appoint a trial board to hear, the appeal within | 9286 |
| thirty days from and after its filing with the board or | 9287 |
| commission, and it may affirm, disaffirm, or modify the judgment | 9288 |
| of the appointing authority. | 9289 |
| In cases of removal or reduction in pay for disciplinary | 9290 |
| reasons, either the appointing authority or the officer or | 9291 |
| employee may appeal from the decision of the state personnel board | 9292 |
| of review or the commission to the court of common pleas of the | 9293 |
| county in which the employee resides in accordance with the | 9294 |
| procedure provided by section 119.12 of the Revised Code. | 9295 |
| (C) In the case of the suspension for any period of time, or | 9296 |
| a fine,
demotion, or removal, of a chief of police | 9297 |
| a fire department, or any member of the police or fire department | 9298 |
| of a city or civil service township, the appointing authority | 9299 |
| shall
furnish | 9300 |
| of the order of suspension, fine, demotion, or removal, which | 9301 |
| order shall state the reasons for the action. The order shall be | 9302 |
| filed with the municipal or civil service township civil service | 9303 |
| commission. Within ten days following the filing of the order, | 9304 |
| 9305 | |
| writing, with the
| 9306 |
| 9307 | |
| shall forthwith notify the appointing authority and shall hear, or | 9308 |
| appoint a trial board to hear, the appeal within thirty days from | 9309 |
| and after its filing with the commission, and it may affirm, | 9310 |
| disaffirm, or modify the judgment of the appointing authority. An | 9311 |
| appeal on questions of law and fact may be had from the decision | 9312 |
| of the | 9313 |
| commission to the court of common pleas in the county in which | 9314 |
| 9315 | |
| appeal shall be taken within thirty days from the finding of the | 9316 |
| commission. | 9317 |
| (D) A violation of division (A)(7) of section 2907.03 of the | 9318 |
| Revised Code is grounds for termination of employment of a | 9319 |
| nonteaching employee under this section. | 9320 |
| Sec. 124.328. A classified employee may appeal a layoff, or | 9321 |
| a
displacement | 9322 |
| personnel board of review. The appeal shall be filed or | 9323 |
| 9324 | |
| layoff notice | 9325 |
| displaced. In cases involving the laying off of classified | 9326 |
| employees, the affected employee or appointing authority may | 9327 |
| appeal the decision of the state personnel board of review to the | 9328 |
| court of common pleas
| 9329 |
| 9330 | |
| the Revised Code. | 9331 |
| Sec. 125.041. Nothing in sections 125.02, 125.03 to 125.08, | 9332 |
| 125.12 to 125.16, 125.18, 125.31 to 125.76, or 125.831 of the | 9333 |
| Revised Code shall be construed as limiting the attorney general, | 9334 |
| auditor of state, secretary of state, or treasurer of state in any | 9335 |
| of the following: | 9336 |
| (A) Purchases for less than the dollar amounts for the | 9337 |
| purchase of supplies or services determined pursuant to division | 9338 |
| (D) of section 125.05 of the Revised Code; | 9339 |
| (B) Purchases that equal or exceed the dollar amounts for the | 9340 |
| purchase of supplies or services determined pursuant to division | 9341 |
| (D) of section 125.05 of the Revised Code with the approval of the | 9342 |
| controlling board, if that approval is required by section 127.16 | 9343 |
| of the Revised Code; | 9344 |
| (C) The final determination of the nature or quantity making | 9345 |
| any purchase of supplies or services to be purchased pursuant to | 9346 |
| section 125.06 of the Revised Code; | 9347 |
| (D) The final determination and disposal of excess and | 9348 |
| surplus supplies; | 9349 |
| (E) The inventory of state property; | 9350 |
| (F) The purchase of printing; | 9351 |
| (G) | 9352 |
| development and use; | 9353 |
| (H) The fleet management program. | 9354 |
| Sec. 125.05. Except as provided in division (E) of this | 9355 |
| section, no state agency shall purchase any supplies or services | 9356 |
| except as provided in divisions (A) to (C) of this section. | 9357 |
| (A) Subject to division (D) of this section, a state agency | 9358 |
| may, without competitive selection, make any purchase of services | 9359 |
| that cost fifty thousand dollars or less or any purchase of | 9360 |
| supplies that cost twenty-five thousand dollars or less. The | 9361 |
| agency may make the purchase directly or may make the purchase | 9362 |
| from or through the department of administrative services, | 9363 |
| whichever the agency determines. The department shall establish | 9364 |
| written procedures to assist state agencies when they make direct | 9365 |
| purchases. If the agency makes the purchase directly, it shall | 9366 |
| make the purchase by a term contract whenever possible. | 9367 |
| (B) Subject to division (D) of this section, a state agency | 9368 |
| wanting to purchase services that cost more than fifty thousand | 9369 |
| dollars or supplies that cost more than twenty-five thousand | 9370 |
| dollars shall, unless otherwise authorized by law, make the | 9371 |
| purchase from or through the department. The department shall make | 9372 |
| the purchase by competitive selection under section 125.07 of the | 9373 |
| Revised Code. If the director of administrative services | 9374 |
| determines that it is not possible or not advantageous to the | 9375 |
| state for the department to make the purchase, the department | 9376 |
| shall grant the agency a release and permit under section 125.06 | 9377 |
| of the Revised Code to make the purchase. Section 127.16 of the | 9378 |
| Revised Code does not apply to purchases the department makes | 9379 |
| under this section. | 9380 |
| (C) An agency that has been granted a release and permit to | 9381 |
| make a purchase may make the purchase without competitive | 9382 |
| selection if after making the purchase the cumulative purchase | 9383 |
| threshold as computed under division (F) of section 127.16 of the | 9384 |
| Revised Code would: | 9385 |
| (1) Be exceeded and the controlling board approves the | 9386 |
| purchase; | 9387 |
| (2) Not be exceeded and the department of administrative | 9388 |
| services approves the purchase. | 9389 |
| (D) Not later than January 31, 1997, the amounts specified in | 9390 |
| divisions (A) and (B) of this section and, not later than the | 9391 |
| thirty-first day of January of each second year thereafter, any | 9392 |
| amounts computed by adjustments made under this division, shall be | 9393 |
| increased or decreased by the average percentage increase or | 9394 |
| decrease in the consumer price index prepared by the United States | 9395 |
| bureau of labor statistics (U.S. City Average for Urban Wage | 9396 |
| Earners and Clerical Workers: "All Items 1982-1984=100") for the | 9397 |
| twenty-four calendar month period prior to the immediately | 9398 |
| preceding first day of January over the immediately preceding | 9399 |
| twenty-four calendar month period, as reported by the bureau. The | 9400 |
| director of administrative services shall make this determination | 9401 |
| and adjust the appropriate amounts accordingly. | 9402 |
| (E) If the eTech Ohio | 9403 |
| education, or the Ohio education computer network determines that | 9404 |
| it can purchase software services or supplies for specified school | 9405 |
| districts at a price less than the price for which the districts | 9406 |
| could purchase the same software services or supplies for | 9407 |
|
themselves, the | 9408 |
| certify that fact to the department of administrative services | 9409 |
| and, acting as an agent for the specified school districts, shall | 9410 |
| make that purchase without following the provisions in divisions | 9411 |
| (A) to (D) of this section. | 9412 |
| Sec. 125.09. (A) Pursuant to section 125.07 of the Revised | 9413 |
| Code, the department of administrative services may
prescribe | 9414 |
| the conditions under which competitive sealed bids will be | 9415 |
| received and the terms of the proposed purchase as it considers | 9416 |
| necessary; provided | 9417 |
| shall be reasonable and shall not unreasonably restrict | 9418 |
| competition, and that bidders may bid upon all or any item of the | 9419 |
|
supplies or services listed in | 9420 |
| claiming the preference for United States and Ohio products | 9421 |
| outlined in this chapter shall designate in their bids either that | 9422 |
| the product to be supplied is an Ohio product or that, under the | 9423 |
| rules established by the director of administrative services, they | 9424 |
| qualify as having a significant Ohio economic presence. | 9425 |
| (B) The department of administrative services may require | 9426 |
| that each bidder provide sufficient information about the energy | 9427 |
| efficiency or energy usage of the bidder's product or service. | 9428 |
| (C) The director of administrative services | 9429 |
| adopted pursuant to Chapter 119. of the Revised Code, shall | 9430 |
| prescribe criteria and procedures for use by all state agencies in | 9431 |
| giving preference to United States and Ohio products as required | 9432 |
| by division (B) of section 125.11 of the Revised Code. The rules | 9433 |
| shall extend to the following: | 9434 |
| (1) Criteria for determining that a product is produced or | 9435 |
| mined in the United States rather than in another country or | 9436 |
| territory; | 9437 |
| (2) Criteria for determining that a product is produced or | 9438 |
|
mined in | 9439 |
| (3) Information to be submitted by bidders as to the nature | 9440 |
| of a product and the location where it is produced or mined; | 9441 |
| (4)(a) Criteria and procedures to be used by the director to | 9442 |
|
qualify bidders located in states bordering | 9443 |
| might otherwise be excluded from being awarded a contract by | 9444 |
| operation of this section and section 125.11 of the Revised Code. | 9445 |
| The criteria and procedures shall recognize the level and | 9446 |
| regularity
of interstate commerce between | 9447 |
| border states and, except as provided in divisions (C)(4)(b) and | 9448 |
| (c) of this section, provide that the non-Ohio businesses may | 9449 |
| qualify for the award of a contract as long as they are located in | 9450 |
| a state that imposes no greater restrictions than are contained in | 9451 |
| this section and section 125.11 of the Revised Code upon persons | 9452 |
| located in | 9453 |
| agencies of that state. | 9454 |
| (b) The criteria and
procedures shall | 9455 |
| the case of a contract for state printing, a non-Ohio business | 9456 |
| shall not bid on a contract for state printing in this state if | 9457 |
| the business is located in a state that excludes Ohio businesses | 9458 |
| from bidding on state printing contracts in that state. | 9459 |
| (c) The criteria and procedures shall provide that, in the | 9460 |
| case of a contract for furniture, preference shall be given to | 9461 |
| bidders whose furniture is produced in this state, but that | 9462 |
| bidders whose furniture is produced in states bordering this state | 9463 |
| may qualify for the award of a contract if compliance with this | 9464 |
| requirement would result in the state agency involved paying an | 9465 |
| excessive price for the furniture or acquiring disproportionately | 9466 |
| inferior furniture. | 9467 |
| (5) Criteria and procedures to be used to qualify bidders | 9468 |
| whose manufactured products, except for mined products, are | 9469 |
| produced in other states or in North America, but the bidders have | 9470 |
| a significant Ohio economic presence in terms of the number of | 9471 |
| employees or capital investment a bidder has in this state. | 9472 |
| Bidders with a significant Ohio economic presence shall qualify | 9473 |
| for award of a contract on the same basis as if their products | 9474 |
| were produced in this state. | 9475 |
| (6) Criteria and procedures for the director to grant waivers | 9476 |
| of the requirements of division (B) of section 125.11 of the | 9477 |
| Revised Code on a contract-by-contract basis | 9478 |
| with those requirements would result in the state agency involved | 9479 |
| paying an excessive price for the product or acquiring a | 9480 |
| disproportionately inferior product; | 9481 |
| (7) | 9482 |
| necessary to implement the system of preferences established | 9483 |
| pursuant to division (B) of section 125.11 of the Revised Code. | 9484 |
| (D) In adopting the rules required under | 9485 |
| this section, the
director | 9486 |
| the maximum extent possible, shall conform to the requirements of | 9487 |
| the federal "Buy America Act," 47 Stat. 1520, (1933), 41 U.S.C.A. | 9488 |
| 10a-10d, as amended, and to the regulations
adopted | 9489 |
| under that act. | 9490 |
| Sec. 125.11. (A) Subject to division (B) of this section, | 9491 |
| contracts awarded pursuant to a reverse auction under section | 9492 |
| 125.072 of the Revised Code or pursuant to competitive sealed | 9493 |
| bidding, including contracts awarded under section 125.081 of the | 9494 |
| Revised Code, shall be awarded to the lowest responsive and | 9495 |
| responsible bidder on each item in accordance with section 9.312 | 9496 |
| of the Revised Code. When the contract is for meat products as | 9497 |
| defined in section 918.01 of the Revised Code or poultry products | 9498 |
| as defined in section 918.21 of the Revised Code, only those bids | 9499 |
| received from vendors offering products from establishments on the | 9500 |
| current list of meat and poultry vendors established and | 9501 |
| maintained by the director of administrative services under | 9502 |
| section 125.17 of the Revised Code shall be eligible for | 9503 |
| acceptance. The department of administrative services may accept | 9504 |
| or reject any or all bids in whole or by items, except that when | 9505 |
| the contract is for services or products available from a | 9506 |
| qualified nonprofit agency pursuant to sections 125.60 to 125.6012 | 9507 |
| or 4115.31 to 4115.35 of the Revised Code, the contract shall be | 9508 |
| awarded to that agency. | 9509 |
| (B) Prior to awarding a contract under division (A) of this | 9510 |
| section, the department of administrative services or the state | 9511 |
| agency responsible for evaluating a contract for the purchase of | 9512 |
| products shall evaluate the bids received according to the | 9513 |
| criteria and procedures established pursuant to divisions (C)(1) | 9514 |
| and (2) of section 125.09 of the Revised Code for determining if a | 9515 |
| product is produced or mined in the United States and if a product | 9516 |
| is produced or mined in this state. The department or other state | 9517 |
| agency shall first remove bids that offer products that have not | 9518 |
| been or that will not be produced or mined in the United States. | 9519 |
| From among the remaining bids, the department or other state | 9520 |
| agency shall select the lowest responsive and responsible bid, in | 9521 |
| accordance with section 9.312 of the Revised Code, from among the | 9522 |
| bids that offer products that have been produced or mined in this | 9523 |
| state where sufficient competition can be generated within this | 9524 |
| state to ensure that compliance with these requirements will not | 9525 |
| result in an excessive price for the product or acquiring a | 9526 |
| disproportionately inferior product. If there are two or more | 9527 |
| qualified bids that offer products that have been produced or | 9528 |
| mined in this state, it shall be deemed that there is sufficient | 9529 |
| competition to prevent an excessive price for the product or the | 9530 |
| acquiring of a disproportionately inferior product. | 9531 |
| (C) Division (B) of this section applies to contracts for | 9532 |
| which competitive bidding is waived by the controlling board. | 9533 |
| (D) Division (B) of this section does not apply to the | 9534 |
| purchase by the division of liquor control of spirituous liquor. | 9535 |
| (E) The director of administrative services shall publish in | 9536 |
| the form of a model act for use by counties, townships, municipal | 9537 |
| corporations, or any other political subdivision described in | 9538 |
| division (B) of section 125.04 of the Revised Code, a system of | 9539 |
| preferences for products mined and produced in this state and in | 9540 |
| the United States and for Ohio-based contractors. The model act | 9541 |
| shall reflect substantial equivalence to the system of preferences | 9542 |
| in purchasing and public improvement contracting procedures under | 9543 |
| which the state operates pursuant to this chapter and section | 9544 |
| 153.012 of the Revised Code. To the maximum extent possible, | 9545 |
| consistent with the Ohio system of preferences in purchasing and | 9546 |
| public improvement contracting procedures, the model act shall | 9547 |
| incorporate all of the requirements of the federal "Buy America | 9548 |
| Act," 47 Stat. 1520 (1933), 41 U.S.C. 10a to 10d, as amended, and | 9549 |
| the rules adopted under that act. | 9550 |
| Before and during the development and promulgation of the | 9551 |
| model act, the director shall consult with appropriate statewide | 9552 |
| organizations representing counties, townships, and municipal | 9553 |
| corporations so as to identify the special requirements and | 9554 |
| concerns these political subdivisions have in their purchasing and | 9555 |
| public improvement contracting procedures. The director shall | 9556 |
| promulgate the model act by rule adopted pursuant to Chapter 119. | 9557 |
| of the Revised Code and shall revise the act as necessary to | 9558 |
| reflect changes in this chapter or section 153.012 of the Revised | 9559 |
| Code. | 9560 |
| The director shall make available copies of the model act, | 9561 |
| supporting information, and technical assistance to any township, | 9562 |
| county, or municipal corporation wishing to incorporate the | 9563 |
| provisions of the act into its purchasing or public improvement | 9564 |
| contracting procedure. | 9565 |
| Sec. 125.18. (A) There is hereby established the office of | 9566 |
| information technology in the department of administrative | 9567 |
| services. The office shall be under the supervision of a chief | 9568 |
| information officer to be appointed by the governor and subject to | 9569 |
| removal at the pleasure of the governor. The chief information | 9570 |
| officer shall serve as the director of the office. | 9571 |
| (B) The director of the office of information technology | 9572 |
| shall advise the governor regarding the superintendence and | 9573 |
| implementation of statewide information technology policy. | 9574 |
| (C) The director of the office of information technology | 9575 |
| shall lead, oversee, and direct state agency activities related to | 9576 |
| information technology development and use. In that regard, the | 9577 |
| director shall do all of the following: | 9578 |
| (1) Coordinate and superintend statewide efforts to promote | 9579 |
| common use and development of technology by multiple state | 9580 |
| agencies. The office of information technology relatedly shall | 9581 |
| establish policies and standards that govern and direct state | 9582 |
| agency participation in statewide programs and initiatives. | 9583 |
| (2) Establish policies and standards for the acquisition and | 9584 |
| use of information technology by state agencies, including, but | 9585 |
| not limited to, hardware, software, technology services, and | 9586 |
| security, with which state agencies shall comply; | 9587 |
| (3) Establish criteria and review processes to identify state | 9588 |
| agency information technology projects that require alignment or | 9589 |
| oversight. As appropriate, the office of information technology | 9590 |
| shall provide the governor and the director of budget and | 9591 |
| management with notice and advice regarding the appropriate | 9592 |
| allocation of resources for those projects. The director of the | 9593 |
| office of information technology may require state agencies to | 9594 |
| provide, and may prescribe the form and manner by which they must | 9595 |
| provide, information to fulfill the director's alignment and | 9596 |
| oversight role. | 9597 |
| (D) The office of information technology may make contracts | 9598 |
| for, operate, and superintend technology services for state | 9599 |
| agencies in accordance with this chapter. | 9600 |
| (E) The office of information technology may establish | 9601 |
| cooperative agreements with federal and local government agencies | 9602 |
| and state agencies that are not under the authority of the | 9603 |
| governor for the provision of technology services and the | 9604 |
| development of technology projects. | 9605 |
| (F) As used in this section, "state agency" means every | 9606 |
| organized body, office, or agency established by the laws of the | 9607 |
| state for the exercise of any function of state government, other | 9608 |
| than any state-supported institution of higher education, the | 9609 |
| office of the auditor of state, treasurer of state, secretary of | 9610 |
| state, or attorney general, the public employees retirement | 9611 |
| system, the Ohio police and fire pension fund, the state teachers | 9612 |
| retirement system, the school employees retirement system, the | 9613 |
| state highway patrol retirement system, the general assembly or | 9614 |
| any legislative agency, or the courts or any judicial agency. | 9615 |
| Sec. 125.25. (A) The director of administrative services may | 9616 |
| debar a vendor from consideration for contract awards upon a | 9617 |
| finding based upon a reasonable belief that the vendor has done | 9618 |
| any of the following: | 9619 |
| (1) Abused the selection process by repeatedly withdrawing | 9620 |
| bids or proposals before purchase orders or contracts are issued | 9621 |
| or failing to accept orders based upon firm bids; | 9622 |
| (2) Failed to substantially perform a contract according to | 9623 |
| its terms, conditions, and specifications within specified time | 9624 |
| limits; | 9625 |
| (3) Failed to cooperate in monitoring contract performance by | 9626 |
| refusing to provide information or documents required in a | 9627 |
| contract, failed to respond to complaints to the vendor, or | 9628 |
| accumulated repeated justified complaints regarding performance of | 9629 |
| a contract; | 9630 |
| (4) Attempted to influence a public employee to breach | 9631 |
| ethical conduct standards or to influence a contract award; | 9632 |
| (5) Colluded to restrain competition by any means; | 9633 |
| (6) Been convicted of a criminal offense related to the | 9634 |
| application for or performance of any public or private contract, | 9635 |
| including, but not limited to, embezzlement, theft, forgery, | 9636 |
| bribery, falsification or destruction of records, receiving stolen | 9637 |
| property, and any other offense that directly reflects on the | 9638 |
| vendor's business integrity; | 9639 |
| (7) Been convicted under state or federal antitrust laws; | 9640 |
| (8) Deliberately or willfully submitted false or misleading | 9641 |
| information in connection with the application for or performance | 9642 |
| of a public contract; | 9643 |
| (9) Violated any other responsible business practice or | 9644 |
| performed in an unsatisfactory manner as determined by the | 9645 |
| director; | 9646 |
| (10) Through the default of a contract or through other means | 9647 |
| had a determination of unresolved finding for recovery by the | 9648 |
| auditor of state under section 9.24 of the Revised Code; | 9649 |
| (11) Acted in such a manner as to be debarred from | 9650 |
| participating in a contract with any governmental agency. | 9651 |
| (B) When the director reasonably believes that grounds for | 9652 |
| debarment exist, the director shall send the vendor a notice of | 9653 |
| proposed debarment indicating the grounds for the proposed | 9654 |
| debarment and the procedure for requesting a hearing on the | 9655 |
| proposed debarment. The hearing shall be conducted in accordance | 9656 |
| with Chapter 119. of the Revised Code. If the vendor does not | 9657 |
| respond with a request for a hearing in the manner specified in | 9658 |
| Chapter 119. of the Revised Code, the director shall issue the | 9659 |
| debarment decision without a hearing and shall notify the vendor | 9660 |
| of the decision by certified mail, return receipt requested. | 9661 |
| (C) The director shall determine the length of the debarment | 9662 |
| period and may rescind the debarment at any time upon notification | 9663 |
| to the vendor. During the period of debarment, the vendor is not | 9664 |
| eligible to participate in any state contract. After the debarment | 9665 |
| period expires, the vendor shall be eligible to be awarded | 9666 |
| contracts by state agencies. (D) The director, through the office | 9667 |
| of information technology and the office of procurement services, | 9668 |
| shall maintain a list of all vendors currently debarred under this | 9669 |
| section. | 9670 |
| Sec. 125.60. As used in sections 125.60 to 125.6012 of the | 9671 |
| Revised Code: | 9672 |
| (A) "Community rehabilitation program" means an agency that: | 9673 |
| (1) Is organized under the laws of the United States or this | 9674 |
| state such that no part of its net income inures to the benefit of | 9675 |
| any shareholder or other individual; | 9676 |
| (2) Is certified as a sheltered workshop, if applicable, by | 9677 |
| the wage and hour division of the United States department of | 9678 |
| labor; | 9679 |
| (3) Is registered and in good standing with the secretary of | 9680 |
| state as a domestic nonprofit or not-for-profit corporation; | 9681 |
| (4) Complies with applicable occupational health and safety | 9682 |
| standards required by the laws of the United States or of this | 9683 |
| state; | 9684 |
| (5) Operates in the interest of persons with work-limiting | 9685 |
| disabilities, provides vocational or other employment-related | 9686 |
| training to persons with work-limiting disabilities, and employs | 9687 |
| persons with work-limiting disabilities in the manufacture of | 9688 |
| products or the provision of services; | 9689 |
| (6) Is a nonprofit corporation for federal tax purposes. | 9690 |
| (B) "Government ordering office" means any of the following: | 9691 |
| (1) Any state agency, including the general assembly, the | 9692 |
| supreme court, and the office of a state elected official, or any | 9693 |
| state authority, board, bureau, commission, institution, or | 9694 |
| instrumentality that is funded in total or in part by state money; | 9695 |
| (2) A county, township, or village. | 9696 |
| (C) "Person with a work-limiting disability" means an | 9697 |
| individual who has a disability as defined in the "Americans with | 9698 |
| Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C. 12101, and | 9699 |
| who: | 9700 |
| (1) Because of that disability is substantially limited in | 9701 |
| the type or quantity of work the individual can perform or is | 9702 |
| prevented from working regularly; | 9703 |
| (2) Meets criteria established by the office of procurement | 9704 |
| from community rehabilitation programs. | 9705 |
| Sec. 125.601. (A) Not later than July 1, 2007, the director | 9706 |
| of administrative services shall establish the office of | 9707 |
| procurement from community rehabilitation programs within the | 9708 |
| department of administrative services. The director shall | 9709 |
| designate an employee of the department to serve as administrator | 9710 |
| of the office. | 9711 |
| (B) Not later than July 1, 2007, the director shall abolish | 9712 |
| the state committee for the purchase of products and services | 9713 |
| provided by persons with severe disabilities in accordance with | 9714 |
| section 4115.36 of the Revised Code. | 9715 |
| Sec. 125.602. (A) The department of mental retardation and | 9716 |
| developmental disabilities, the department of mental health, the | 9717 |
| department of job and family services, the rehabilitation services | 9718 |
| commission, and any other state or governmental agency or | 9719 |
| community rehabilitation program responsible for the provision of | 9720 |
| rehabilitation and vocational educational services to persons with | 9721 |
| work-limiting disabilities may, through written agreement, | 9722 |
| cooperate in providing resources to the department of | 9723 |
| administrative services for the operation of the office of | 9724 |
| procurement from community rehabilitation programs. These | 9725 |
| resources may include, but are not limited to, leadership and | 9726 |
| assistance in dealing with the societal aspects of meeting the | 9727 |
| needs of persons with work-limiting disabilities. | 9728 |
| (B) The office and all governmental entities that administer | 9729 |
| socioeconomic programs may enter into contractual agreements, | 9730 |
| cooperative working relationships, or other arrangements that are | 9731 |
| necessary for effective coordination and realization of the | 9732 |
| objectives of these entities. | 9733 |
| Sec. 125.603. (A) The office of procurement from community | 9734 |
| rehabilitation programs shall do the following in addition to | 9735 |
| other duties specified in sections 125.60 to 125.6012 of the | 9736 |
| Revised Code: | 9737 |
| (1) Establish, maintain, and periodically update a | 9738 |
| procurement list of approved supplies and services available from | 9739 |
| qualified nonprofit agencies; | 9740 |
| (2) Monitor the procurement practices of government ordering | 9741 |
| offices to ensure compliance with sections 125.60 to 125.6012 of | 9742 |
| the Revised Code; | 9743 |
| (3) In cooperation with qualified nonprofit agencies, | 9744 |
| government ordering offices, the department of mental retardation | 9745 |
| and developmental disabilities, the department of mental health, | 9746 |
| the department of job and family services, and the rehabilitation | 9747 |
| services commission, develop and recommend to the director of | 9748 |
| administrative services rules the director shall adopt in | 9749 |
| accordance with Chapter 119. of the Revised Code for the effective | 9750 |
| and efficient administration of sections 125.60 to 125.6012 of the | 9751 |
| Revised Code; | 9752 |
| (4) Prepare a report of its activities by the last day of | 9753 |
| December of each year. The report shall be posted electronically | 9754 |
| on the office's web site. | 9755 |
| (B) The office of procurement from community rehabilitation | 9756 |
| programs may enter into contractual agreements and establish pilot | 9757 |
| programs to further the objectives of sections 125.60 to 125.6012 | 9758 |
| of the Revised Code. | 9759 |
| Sec. 125.604. A community rehabilitation program may apply to | 9760 |
| the office of procurement from community rehabilitation programs | 9761 |
| to be certified as qualified to provide its supplies and services | 9762 |
| for procurement by government ordering offices. The office shall | 9763 |
| prescribe the form of the application. If the office is satisfied | 9764 |
| the program is qualified, it shall certify the program as a | 9765 |
| qualified nonprofit agency for the purposes of sections 125.60 to | 9766 |
| 125.6012 of the Revised Code. | 9767 |
| Sec. 125.605. The office of procurement from community | 9768 |
| rehabilitation programs may certify any entity to serve as an | 9769 |
| approved agent of a qualified nonprofit agency for the purposes of | 9770 |
| sections 125.60 to 125.6012 of the Revised Code. The office shall | 9771 |
| prescribe procedures under which an entity can apply and be | 9772 |
| considered for such certification. An approved agent may do any of | 9773 |
| the following: | 9774 |
| (A) Contract with the office of procurement from community | 9775 |
| rehabilitation programs to provide centralized business | 9776 |
| facilitation or other assistance to qualified nonprofit agencies. | 9777 |
| The office shall consult with qualified nonprofit agencies before | 9778 |
| agreeing to such a contract. | 9779 |
| (B) Act as a distributor of supplies and services registered | 9780 |
| on the procurement list maintained by the office under section | 9781 |
| 125.603 of the Revised Code; | 9782 |
| (C) Provide marketing, administrative, and other services | 9783 |
| related to sales. | 9784 |
| Sec. 125.606. Prior to purchases by government ordering | 9785 |
| offices, the office of procurement from community rehabilitation | 9786 |
| programs shall attempt to establish for each item on the | 9787 |
| procurement list a fair market price that is representative of the | 9788 |
| range of prices that a government ordering office would expect to | 9789 |
| pay to purchase the item in the marketplace. When establishing a | 9790 |
| fair market price for an item, the office of procurement from | 9791 |
| community rehabilitation programs shall consider the costs of | 9792 |
| doing business with respect to that item, including sales, | 9793 |
| marketing, and research and development costs and agent fees. If | 9794 |
| the office of procurement from community rehabilitation programs | 9795 |
| cannot establish a fair market price for a particular supply or | 9796 |
| service, the government ordering office shall attempt to establish | 9797 |
| the fair market price pursuant to division (B) of section 125.607 | 9798 |
| of the Revised Code for each purchase of such supply or service. | 9799 |
| Sec. 125.607. (A) Before purchasing any supply or service, a | 9800 |
| governmental ordering office shall determine whether the supply or | 9801 |
| service is on the procurement list maintained by the office of | 9802 |
| procurement from community rehabilitation programs. If the supply | 9803 |
| or service is on the list at an established fair market price, the | 9804 |
| government ordering office shall purchase it from the qualified | 9805 |
| nonprofit agency or approved agent at that price. | 9806 |
| (B) If the supply or service is on the procurement list but a | 9807 |
| fair market price has not been established, the government | 9808 |
| ordering office shall attempt to negotiate an agreement with one | 9809 |
| or more of the listed qualified nonprofit agencies or approved | 9810 |
| agents. The office of procurement from community rehabilitation | 9811 |
| programs may accept as fair market price an agreement negotiated | 9812 |
| between the government ordering office and a qualified nonprofit | 9813 |
| agency or approved agent. | 9814 |
| (C) If an agreement is not successfully negotiated, the | 9815 |
| office may establish a fair market price, or it may release a | 9816 |
| government ordering office from the requirements of this section. | 9817 |
| (D) A purchase under divisions (A) to (C) of this section is | 9818 |
| not subject to any competitive selection or competitive bidding | 9819 |
| requirements, notwithstanding any other provision of law. | 9820 |
| (E) The department of administrative services has the | 9821 |
| authority to structure or regulate competition among qualified | 9822 |
| nonprofit agencies for the overall benefit of the program. | 9823 |
| Sec. 125.608. All government ordering offices purchasing | 9824 |
| supplies and services from qualified non-profit agencies or their | 9825 |
| approved agents shall reimburse the department of administrative | 9826 |
| services a reasonable sum to cover the department's costs of | 9827 |
| administering sections 125.60 to 125.6012 of the Revised Code. The | 9828 |
| department may bill administrative costs to government ordering | 9829 |
| offices directly, or allow qualified non-profit agencies or | 9830 |
| approved agents to collect and remit department administrative | 9831 |
| fees, at the department's discretion. Any department | 9832 |
| administrative fees collected and remitted by qualified nonprofit | 9833 |
| agencies or their approved agents shall be considered allowable | 9834 |
| expenses in addition to the fair market price approved under | 9835 |
| section 125.606 or 125.607 of the Revised Code. The money so paid | 9836 |
| shall be deposited in the state treasury to the credit of the | 9837 |
| general services fund created under section 125.15 of the Revised | 9838 |
| Code. | 9839 |
| Sec. 125.609. The office of procurement from community | 9840 |
| rehabilitation programs, on its own or pursuant to a request from | 9841 |
| a government ordering office, may release a government ordering | 9842 |
| office from compliance with sections 125.60 to 125.6012 of the | 9843 |
| Revised Code. If the office determines that compliance is not | 9844 |
| possible or not advantageous, or if conditions prescribed in rules | 9845 |
| as may be adopted under section 125.603 of the Revised Code for | 9846 |
| granting a release are met, the office may grant a release. The | 9847 |
| release shall be in writing, and shall specify the supplies or | 9848 |
| services to which it applies, the period of time during which it | 9849 |
| is effective, and the reason for which it is granted. | 9850 |
| Sec. 125.6010. Section 125.607 of the Revised Code does not | 9851 |
| apply to the purchase of a product or service available from a | 9852 |
| state agency, state instrumentality, or political subdivision | 9853 |
| under any law in effect on July 1, 2005. | 9854 |
| Sec. 125.6011. (A) Nothing in sections 125.60 to 125.6012 of | 9855 |
| the Revised Code shall be construed to prohibit the purchase of a | 9856 |
| supply or service from a qualified nonprofit agency by a political | 9857 |
| subdivision that is not a government ordering office. | 9858 |
| (B) Purchases made under this section by a political | 9859 |
| subdivision, as defined in section 125.04 of the Revised Code, are | 9860 |
| exempt from any competitive selection procedures otherwise | 9861 |
| required by law. Purchases under this section shall be made from | 9862 |
| qualified nonprofit agencies or their approved agents. | 9863 |
| (C) A political subdivision, as defined in section 125.04 of | 9864 |
| the Revised Code, may not purchase under division (C) of that | 9865 |
| section a supply or service on the procurement list established | 9866 |
| under section 125.603 of the Revised Code. | 9867 |
| Sec. 125.6012. A government ordering office and qualified | 9868 |
| nonprofit agency shall provide the necessary information and | 9869 |
| documentation requested by the office of procurement from | 9870 |
| community rehabilitation programs to enable the office to | 9871 |
| effectively administer sections 125.60 to 125.6012 of the Revised | 9872 |
| Code. | 9873 |
| Sec. 125.831. As used in sections 125.831 to 125.833 of the | 9874 |
| Revised Code: | 9875 |
| (A) "Law enforcement officer" means an officer, agent, or | 9876 |
| employee of a state agency upon whom, by statute, a duty to | 9877 |
| conserve the peace or to enforce all or certain laws is imposed | 9878 |
| and the authority to arrest violators is conferred, within the | 9879 |
| limits of that statutory duty and authority, but does not include | 9880 |
| such an officer, agent, or employee if that duty and authority is | 9881 |
| location specific. | 9882 |
| (B)(1) "Motor vehicle" means any automobile, car minivan, | 9883 |
| cargo van, passenger van, sport utility vehicle, or pickup truck | 9884 |
| with a gross vehicle weight of under twelve thousand pounds. | 9885 |
| (2) "Motor vehicle" does not include, except for the purposes | 9886 |
| of division (C) of section 125.832 of the Revised Code, any | 9887 |
| vehicle described in division (B)(1) of this section that is used | 9888 |
| by a law enforcement officer and law enforcement agency or any | 9889 |
| vehicle that is so described and that is equipped with specialized | 9890 |
| equipment that is not normally found in such a vehicle and that is | 9891 |
| used to carry out a state agency's specific and specialized duties | 9892 |
| and responsibilities. | 9893 |
| (C) "Specialized equipment" does not include standard mobile | 9894 |
| radios with no capabilities other than voice communication, | 9895 |
| exterior and interior lights, or roof-mounted caution lights. | 9896 |
| (D) "State agency" means every organized body, office, board, | 9897 |
| authority, commission, or agency established by the laws of the | 9898 |
| state for the exercise of any governmental or quasi-governmental | 9899 |
| function of state government regardless of the funding source for | 9900 |
| that entity, other than any | 9901 |
| higher education, the office of the governor, lieutenant governor, | 9902 |
| auditor of state, treasurer of state, secretary of state, or | 9903 |
| attorney general, the general assembly or any legislative agency, | 9904 |
| 9905 | |
| any state retirement system or retirement program established by | 9906 |
| or referenced in the Revised Code. | 9907 |
| (E) "State institution of higher education" has the same | 9908 |
| meaning as in section 3345.011 of the Revised Code. | 9909 |
| Sec. 125.832. (A) The department of administrative services | 9910 |
| is granted exclusive authority over the acquisition and management | 9911 |
| of all motor vehicles used by state agencies. In carrying out this | 9912 |
| authority, the department shall do both of the following: | 9913 |
| (1) Approve the purchase or lease of each motor vehicle for | 9914 |
| use by a state agency. The department shall decide if a motor | 9915 |
| vehicle shall be leased or purchased for that use. | 9916 |
| Except as otherwise provided in division (A)(1) of this | 9917 |
| section, on and after July 1, 2005, each state agency shall | 9918 |
| acquire all passenger motor vehicles under the department's master | 9919 |
| leasing program. If the department determines that acquisition | 9920 |
| under that program is not the most economical method and if the | 9921 |
| department and the state agency acquiring the passenger motor | 9922 |
| vehicle can provide economic justification for doing so, the | 9923 |
| department may approve the purchase, rather than the lease, of a | 9924 |
| passenger motor vehicle for the acquiring state agency. | 9925 |
| (2) Direct and approve all funds that are expended for the | 9926 |
| purchase, lease, repair, maintenance, registration, insuring, and | 9927 |
| other costs related to the possession and operation of motor | 9928 |
| vehicles for the use of state agencies. | 9929 |
| (B) The director of administrative services shall establish | 9930 |
| and operate a fleet management program. The director shall operate | 9931 |
| the program for purposes including, but not limited to, | 9932 |
| cost-effective acquisition, maintenance, management, analysis, and | 9933 |
| disposal of all motor vehicles owned or leased by the state. All | 9934 |
| state agencies shall comply with statewide fleet management | 9935 |
| policies and procedures established by the director for the | 9936 |
| program, including, but not limited to, motor vehicle assignments, | 9937 |
| additions of motor vehicles to fleets or motor vehicle | 9938 |
| replacements, motor vehicle fueling, and motor vehicle repairs. | 9939 |
| (C) The director shall establish and maintain a fleet | 9940 |
| reporting system and shall require state agencies to submit to the | 9941 |
| department information relative to state motor vehicles, including | 9942 |
| motor vehicles described in division (B)(2) of section 125.831 of | 9943 |
| the Revised Code, to be used in operating the fleet management | 9944 |
| program. State agencies shall provide to the department fleet data | 9945 |
| and other information, including, but not limited to, mileage and | 9946 |
| costs. The data and other information shall be submitted in | 9947 |
| formats and in a manner determined by the department. | 9948 |
| (D) All state agency purchases or leases of motor vehicles | 9949 |
| are subject to the prior approval of the director under division | 9950 |
| (A)(1) of this section. | 9951 |
| (E) State agencies that utilize state motor vehicles or pay | 9952 |
| mileage reimbursements to employees shall provide a fleet plan to | 9953 |
| the department as directed by the department. | 9954 |
| (F)(1) The fleets of state agencies that consist of one | 9955 |
| hundred or less vehicles on July 1, 2004, shall be managed by the | 9956 |
| department's fleet management program on a time schedule | 9957 |
| determined by the department, unless the state agency has received | 9958 |
| delegated authority as described in division (G) of this section. | 9959 |
| (2) The fleets of state agencies that consist of greater than | 9960 |
| one hundred motor vehicles, but less than five hundred motor | 9961 |
| vehicles, on July 1, 2005, also shall be managed by the | 9962 |
| department's fleet management program on a time schedule | 9963 |
| determined by the department, unless the state agency has received | 9964 |
| delegated authority as described in division (G) of this section. | 9965 |
| (G)(1) The department may delegate any or all of its duties | 9966 |
| regarding fleet management to a state agency, if the state agency | 9967 |
| demonstrates to the satisfaction of the department both of the | 9968 |
| following: | 9969 |
| (a) Capabilities to institute and manage a fleet management | 9970 |
| program, including, but not limited to, the presence of a | 9971 |
| certified fleet manager; | 9972 |
| (b) Fleet management performance, as demonstrated by fleet | 9973 |
| data and other information submitted pursuant to annual reporting | 9974 |
| requirements and any other criteria the department considers | 9975 |
| necessary in evaluating the performance. | 9976 |
| (2) The department may determine that a state agency is not | 9977 |
| in compliance with this section and direct that the agency's fleet | 9978 |
| management duties be transferred to the department. | 9979 |
| (H) The proceeds derived from the disposition of any motor | 9980 |
| vehicles under this section shall be paid to whichever of the | 9981 |
| following applies: | 9982 |
| (1) The fund that originally provided moneys for the purchase | 9983 |
| or lease of the motor vehicles; | 9984 |
| (2) If the motor vehicles were originally purchased with | 9985 |
| moneys derived from the general revenue fund, the proceeds shall | 9986 |
| be deposited, in the director's discretion, into the state | 9987 |
| treasury | 9988 |
| created by section 125.83 of the Revised Code or the investment | 9989 |
| recovery fund created by section 125.14 of the Revised Code. | 9990 |
| (I)(1) The department shall create and maintain a certified | 9991 |
| fleet manager program. | 9992 |
| (2) State agencies that have received delegated authority as | 9993 |
| described in division (G) of this section shall have a certified | 9994 |
| fleet manager. | 9995 |
| (J) The department annually shall prepare and submit a | 9996 |
| statewide fleet report to the governor, the speaker of the house | 9997 |
| of representatives, and the president of the senate. The report | 9998 |
| shall be submitted not later than the thirty-first day of January | 9999 |
| following the end of each fiscal year. It may include, but is not | 10000 |
| limited to, the numbers and types of motor vehicles, their | 10001 |
| mileage, miles per gallon, and cost per mile, mileage | 10002 |
| reimbursements, accident and insurance data, and information | 10003 |
| regarding compliance by state agencies having delegated authority | 10004 |
| under division (G) of this section with applicable fleet | 10005 |
| management requirements. | 10006 |
| (K) The director shall adopt rules for implementing the fleet | 10007 |
| management program that are consistent with recognized best | 10008 |
| practices. The program shall be supported by reasonable fee | 10009 |
| charges for the services provided. The director shall collect | 10010 |
| these fees and deposit them into the state treasury to the credit | 10011 |
| for the fleet management fund created by section 125.83 of the | 10012 |
| Revised Code. The setting and collection of fees under this | 10013 |
| division is not subject to any restriction imposed by law upon the | 10014 |
| director's or the department's authority to set or collect fees. | 10015 |
| (L) The director also shall adopt rules that prohibit, except | 10016 |
| in very limited circumstances, the exclusive assignment of | 10017 |
| state-owned, leased, or pooled motor vehicles to state employees | 10018 |
| and that prohibit the reimbursement under section 126.31 of the | 10019 |
| Revised Code of state employees who use their own motor vehicles | 10020 |
| for any mileage they incur above an amount that the department | 10021 |
| shall determine annually unless reimbursement for the excess | 10022 |
| mileage is approved by the department in accordance with standards | 10023 |
| for that approval the director shall establish in those rules. | 10024 |
| Beginning on | 10025 |
| 2003, no | 10026 |
| be personally assigned as any form of compensation or benefit of | 10027 |
| state employment, and no | 10028 |
| vehicle shall be assigned to an employee solely for commuting to | 10029 |
| and from home and work. | 10030 |
| (M) The director shall do both of the following: | 10031 |
| (1) Implement to the greatest extent possible the | 10032 |
| recommendations from the 2002 report entitled "Administrative | 10033 |
| Analysis of the Ohio Fleet Management Program" in connection with | 10034 |
| the authority granted to the department by this section; | 10035 |
| (2) Attempt to reduce the number of passenger vehicles used | 10036 |
| by state agencies during the fiscal years ending on June 30, 2004, | 10037 |
| and June 30, 2005. | 10038 |
| (N) Each state agency shall reimburse the department for all | 10039 |
| costs incurred in the assignment of motor vehicles to the state | 10040 |
| agency. | 10041 |
| (O) The director shall do all of the following in managing | 10042 |
| the fleet management program: | 10043 |
| (1) Determine how motor vehicles will be maintained, insured, | 10044 |
| operated, financed, and licensed; | 10045 |
| (2) Pursuant to the formula in division (O)(3) of this | 10046 |
| section, annually establish the minimum number of business miles | 10047 |
| per year an employee of a state agency must drive in order to | 10048 |
| qualify for approval by the department to receive a motor vehicle | 10049 |
| for business use; | 10050 |
| (3) Establish the minimum number of business miles per year | 10051 |
| at an amount that results when the annual motor vehicle cost is | 10052 |
| divided by the amount that is the reimbursement rate per mile | 10053 |
| minus the amount that is the sum of the fuel cost, the operating | 10054 |
| cost, and the insurance cost. As used in this division: | 10055 |
| (a) "Annual motor vehicle cost" means the price of a motor | 10056 |
| vehicle divided by the number of years an average motor vehicle is | 10057 |
| used. | 10058 |
| (b) "Fuel cost" means the average price per gallon of motor | 10059 |
| fuel divided by the miles per gallon fuel efficiency of a motor | 10060 |
| vehicle. | 10061 |
| (c) "Insurance cost" means the cost of insuring a motor | 10062 |
| vehicle per year divided by the number of miles an average motor | 10063 |
| vehicle is driven per year. | 10064 |
| (d) "Operating cost" means the maintenance cost of a motor | 10065 |
| vehicle per year divided by the product resulting when the number | 10066 |
| of miles an average motor vehicle is driven per year is multiplied | 10067 |
| by the number of years an average motor vehicle is used. | 10068 |
| (e) "Reimbursement rate per mile" means the reimbursement per | 10069 |
| mile rate for travel expenses as provided by rule of the director | 10070 |
| of budget and management adopted under division (B) of section | 10071 |
| 126.31 of the Revised Code. | 10072 |
| (P)(1) Not later than the fifteenth day of September of each | 10073 |
| year, each state institution of higher education shall report to | 10074 |
| the Ohio board of regents on all of the following topics relating | 10075 |
| to motor vehicles that the institution acquires and manages: | 10076 |
| (a) The methods it uses to track the motor vehicles; | 10077 |
| (b) Whether or not it uses a fuel card program to purchase | 10078 |
| fuel for, or to pay for the maintenance of, the motor vehicles; | 10079 |
| (c) Whether or not it makes bulk purchases of fuel for the | 10080 |
| motor vehicles. | 10081 |
| (2) Assuming it does not use the fleet management tracking, | 10082 |
| fuel card program, and bulk fuel purchases tools and services that | 10083 |
| the department of administrative services provides, the report of | 10084 |
| a state institution of higher education required by division | 10085 |
| (P)(1) of this section also shall include both of the following: | 10086 |
| (a) An analysis of the amount the institution would save, if | 10087 |
| any, if it were to use the fleet management tracking, fuel card | 10088 |
| program, and bulk fuel purchases tools and services that the | 10089 |
| department provides instead of the fleet management system the | 10090 |
| institution regularly uses; | 10091 |
| (b) A rationale for either continuing with the fleet | 10092 |
| management system that the institution regularly uses or changing | 10093 |
| to the use of those tools and services that the department | 10094 |
| provides. | 10095 |
| (3) The board shall certify to the department within ninety | 10096 |
| days after receipt of all reports under division (P)(1) of this | 10097 |
| section a list of those state institutions of higher education | 10098 |
| that the board determines would save amounts if they were to use | 10099 |
| the fleet management tracking, fuel card program, and bulk fuel | 10100 |
| purchases tools and services that the department provides. The | 10101 |
| institutions so certified then shall use those tools and services | 10102 |
| that the department provides until the board next certifies | 10103 |
| institutions under division (P)(3) of this section. | 10104 |
| Sec. 126.25. The accounting and budgeting services provided | 10105 |
| by the director of budget and management shall be supported by | 10106 |
| user charges. The director shall determine a rate that is | 10107 |
| sufficient to defray the expense of those services and the manner | 10108 |
| by which those charges shall be collected. All money collected | 10109 |
| from user charges shall be deposited in the state treasury to the | 10110 |
|
credit of the | 10111 |
| created. Rebates or revenue shares received from any state payment | 10112 |
| card program established under division (B) of section 126.21 of | 10113 |
| the Revised Code and miscellaneous payments that reimburse | 10114 |
| expenses paid from the | 10115 |
| deposited into
the | 10116 |
| support accounting and budgeting services. | 10117 |
| Sec. 127.16. (A) Upon the request of either a state agency | 10118 |
| or the director of budget and management and after the controlling | 10119 |
| board determines that an emergency or a sufficient economic reason | 10120 |
| exists, the controlling board may approve the making of a purchase | 10121 |
| without competitive selection as provided in division (B) of this | 10122 |
| section. | 10123 |
| (B) Except as otherwise provided in this section, no state | 10124 |
| agency, using money that has been appropriated to it directly, | 10125 |
| shall: | 10126 |
| (1) Make any purchase from a particular supplier, that would | 10127 |
| amount to fifty thousand dollars or more when combined with both | 10128 |
| the amount of all disbursements to the supplier during the fiscal | 10129 |
| year for purchases made by the agency and the amount of all | 10130 |
| outstanding encumbrances for purchases made by the agency from the | 10131 |
| supplier, unless the purchase is made by competitive selection or | 10132 |
| with the approval of the controlling board; | 10133 |
| (2) Lease real estate from a particular supplier, if the | 10134 |
| lease would amount to seventy-five thousand dollars or more when | 10135 |
| combined with both the amount of all disbursements to the supplier | 10136 |
| during the fiscal year for real estate leases made by the agency | 10137 |
| and the amount of all outstanding encumbrances for real estate | 10138 |
| leases made by the agency from the supplier, unless the lease is | 10139 |
| made by competitive selection or with the approval of the | 10140 |
| controlling board. | 10141 |
| (C) Any person who authorizes a purchase in violation of | 10142 |
| division (B) of this section shall be liable to the state for any | 10143 |
| state funds spent on the purchase, and the attorney general shall | 10144 |
| collect the amount from the person. | 10145 |
| (D) Nothing in division (B) of this section shall be | 10146 |
| construed as: | 10147 |
| (1) A limitation upon the authority of the director of | 10148 |
| transportation as granted in sections 5501.17, 5517.02, and | 10149 |
| 5525.14 of the Revised Code; | 10150 |
| (2) Applying to medicaid provider agreements under Chapter | 10151 |
|
5111. of the Revised Code
| 10152 |
| 10153 | |
| 10154 |
| (3) Applying to the purchase of examinations from a sole | 10155 |
| supplier by a state licensing board under Title XLVII of the | 10156 |
| Revised Code; | 10157 |
| (4) Applying to entertainment contracts for the Ohio state | 10158 |
| fair entered into by the Ohio expositions commission, provided | 10159 |
| that the controlling board has given its approval to the | 10160 |
| commission to enter into such contracts and has approved a total | 10161 |
| budget amount for such contracts as agreed upon by commission | 10162 |
| action, and that the commission causes to be kept itemized records | 10163 |
| of the amounts of money spent under each contract and annually | 10164 |
| files those records with the clerk of the house of representatives | 10165 |
| and the clerk of the senate following the close of the fair; | 10166 |
| (5) Limiting the authority of the chief of the division of | 10167 |
| mineral resources management to contract for reclamation work with | 10168 |
| an operator mining adjacent land as provided in section 1513.27 of | 10169 |
| the Revised Code; | 10170 |
| (6) Applying to investment transactions and procedures of any | 10171 |
| state agency, except that the agency shall file with the board the | 10172 |
| name of any person with whom the agency contracts to make, broker, | 10173 |
| service, or otherwise manage its investments, as well as the | 10174 |
| commission, rate, or schedule of charges of such person with | 10175 |
| respect to any investment transactions to be undertaken on behalf | 10176 |
| of the agency. The filing shall be in a form and at such times as | 10177 |
| the board considers appropriate. | 10178 |
| (7) Applying to purchases made with money for the per cent | 10179 |
| for arts program established by section 3379.10 of the Revised | 10180 |
| Code; | 10181 |
| (8) Applying to purchases made by the rehabilitation services | 10182 |
| commission of services, or supplies, that are provided to persons | 10183 |
| with disabilities, or to purchases made by the commission in | 10184 |
| connection with the eligibility determinations it makes for | 10185 |
| applicants of programs administered by the social security | 10186 |
| administration; | 10187 |
| (9) Applying to payments by the department of job and family | 10188 |
| services under section 5111.13 of the Revised Code for group | 10189 |
| health plan premiums, deductibles, coinsurance, and other | 10190 |
| cost-sharing expenses; | 10191 |
| (10) Applying to any agency of the legislative branch of the | 10192 |
| state government; | 10193 |
| (11) Applying to agreements or contracts entered into under | 10194 |
| section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the | 10195 |
| Revised Code; | 10196 |
| (12) Applying to purchases of services by the adult parole | 10197 |
| authority under section 2967.14 of the Revised Code or by the | 10198 |
| department of youth services under section 5139.08 of the Revised | 10199 |
| Code; | 10200 |
| (13) Applying to dues or fees paid for membership in an | 10201 |
| organization or association; | 10202 |
| (14) Applying to purchases of utility services pursuant to | 10203 |
| section 9.30 of the Revised Code; | 10204 |
| (15) Applying to purchases made in accordance with rules | 10205 |
| adopted by the department of administrative services of motor | 10206 |
| vehicle, aviation, or watercraft fuel, or emergency repairs of | 10207 |
| such vehicles; | 10208 |
| (16) Applying to purchases of tickets for passenger air | 10209 |
| transportation; | 10210 |
| (17) Applying to purchases necessary to provide public | 10211 |
| notifications required by law or to provide notifications of job | 10212 |
| openings; | 10213 |
| (18) Applying to the judicial branch of state government; | 10214 |
| (19) Applying to purchases of liquor for resale by the | 10215 |
| division of liquor control; | 10216 |
| (20) Applying to purchases of motor courier and freight | 10217 |
| services made in accordance with department of administrative | 10218 |
| services rules; | 10219 |
| (21) Applying to purchases from the United States postal | 10220 |
| service and purchases of stamps and postal meter replenishment | 10221 |
| from vendors at rates established by the United States postal | 10222 |
| service; | 10223 |
| (22) Applying to purchases of books, periodicals, pamphlets, | 10224 |
| newspapers, maintenance subscriptions, and other published | 10225 |
| materials; | 10226 |
| (23) Applying to purchases from other state agencies, | 10227 |
| including state-assisted institutions of higher education; | 10228 |
| (24) Limiting the authority of the director of environmental | 10229 |
| protection to enter into contracts under division (D) of section | 10230 |
| 3745.14 of the Revised Code to conduct compliance reviews, as | 10231 |
| defined in division (A) of that section; | 10232 |
| (25) Applying to purchases from a qualified nonprofit agency | 10233 |
| pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of | 10234 |
| the Revised Code; | 10235 |
| (26) Applying to payments by the department of job and family | 10236 |
| services to the United States department of health and human | 10237 |
| services for printing and mailing notices pertaining to the tax | 10238 |
| refund offset program of the internal revenue service of the | 10239 |
| United States department of the treasury; | 10240 |
| (27) Applying to contracts entered into by the department of | 10241 |
| mental retardation and developmental disabilities under sections | 10242 |
| 5123.18, 5123.182, and 5123.199 of the Revised Code; | 10243 |
| (28) Applying to payments made by the department of mental | 10244 |
| health under a physician recruitment program authorized by section | 10245 |
| 5119.101 of the Revised Code; | 10246 |
| (29) Applying to contracts entered into with persons by the | 10247 |
| director of commerce for unclaimed funds collection and remittance | 10248 |
| efforts as provided in division (F) of section 169.03 of the | 10249 |
| Revised Code. The director shall keep an itemized accounting of | 10250 |
| unclaimed funds collected by those persons and amounts paid to | 10251 |
| them for their services. | 10252 |
| (30) Applying to purchases made by a state institution of | 10253 |
| higher education in accordance with the terms of a contract | 10254 |
| between the vendor and an inter-university purchasing group | 10255 |
| comprised of purchasing officers of state institutions of higher | 10256 |
| education; | 10257 |
| (31) Applying to the department of job and family services' | 10258 |
| purchases of health assistance services under the children's | 10259 |
| health insurance program part I provided for under section 5101.50 | 10260 |
| of the Revised Code or the children's health insurance program | 10261 |
| part II provided for under section 5101.51 of the Revised Code; | 10262 |
| (32) Applying to payments by the attorney general from the | 10263 |
| reparations fund to hospitals and other emergency medical | 10264 |
| facilities for performing medical examinations to collect physical | 10265 |
| evidence pursuant to section 2907.28 of the Revised Code; | 10266 |
| (33) Applying to contracts with a contracting authority or | 10267 |
|
administrative receiver under division | 10268 |
| 10269 |
| (34) Applying to reimbursements paid to the United States | 10270 |
| department of veterans affairs for pharmaceutical and patient | 10271 |
| supply purchases made on behalf of the Ohio veterans' home agency; | 10272 |
| (35) Applying to agreements the department of job and family | 10273 |
| services enters into with terminal distributors of dangerous drugs | 10274 |
| under section 5110.12 of the Revised Code. | 10275 |
| (E) Notwithstanding division (B)(1) of this section, the | 10276 |
| cumulative purchase threshold shall be seventy-five thousand | 10277 |
| dollars for the departments of mental retardation and | 10278 |
| developmental disabilities, mental health, rehabilitation and | 10279 |
| correction, and youth services. | 10280 |
| (F) When determining whether a state agency has reached the | 10281 |
| cumulative purchase thresholds established in divisions (B)(1), | 10282 |
| (B)(2), and (E) of this section, all of the following purchases by | 10283 |
| such agency shall not be considered: | 10284 |
| (1) Purchases made through competitive selection or with | 10285 |
| controlling board approval; | 10286 |
| (2) Purchases listed in division (D) of this section; | 10287 |
| (3) For the purposes of the thresholds of divisions (B)(1) | 10288 |
| and (E) of this section only, leases of real estate. | 10289 |
| (G) As used in this section, "competitive selection," | 10290 |
| "purchase," "supplies," and "services" have the same meanings as | 10291 |
| in section 125.01 of the Revised Code. | 10292 |
| Sec. 131.02. (A) Whenever any amount is payable to the state, | 10293 |
| the officer, employee, or agent responsible for administering the | 10294 |
| law under which the amount is payable shall immediately proceed to | 10295 |
| collect the amount or cause the amount to be collected and shall | 10296 |
| pay the amount into the state treasury or into the appropriate | 10297 |
| custodial fund in the manner set forth pursuant to section 113.08 | 10298 |
| of the Revised Code. | 10299 |
| division, if the amount is not paid within forty-five days after | 10300 |
| payment is due, the officer, employee, or agent shall certify the | 10301 |
| amount due to the attorney general, in the form and manner | 10302 |
| prescribed by the attorney general, and notify the director of | 10303 |
| budget and management thereof. In the case of an amount payable by | 10304 |
| a student enrolled in a state institution of higher education, the | 10305 |
| amount shall be certified within the later of forty-five days | 10306 |
| after the amount is due or the tenth day after the beginning of | 10307 |
| the next academic semester, quarter, or other session following | 10308 |
| the session for which the payment is payable. The attorney general | 10309 |
| may assess the collection cost to the amount certified in such | 10310 |
| manner and amount as prescribed by the attorney general. | 10311 |
| For the purposes of this section, a payment is due at the | 10312 |
| time provided in divisions (A)(1) to (9) of this section. If more | 10313 |
| than one division applies to a payment, the payment is due at the | 10314 |
| earliest of the applicable times. | 10315 |
| (1) If a law, including an administrative rule, of this state | 10316 |
| prescribes the time a payment is required to be made or reported, | 10317 |
| when the payment is required by that law to be paid or reported. | 10318 |
| (2) If the payment is for services rendered, when the | 10319 |
| rendering of the services is completed. | 10320 |
| (3) If the payment is reimbursement for a loss, when the loss | 10321 |
| is incurred. | 10322 |
| (4) In the case of a fine or penalty for which a law or | 10323 |
| administrative rule does not prescribe a time for payment, when | 10324 |
| the fine or penalty is first assessed. | 10325 |
| (5) If the payment arises from a legal finding, judgment, or | 10326 |
| adjudication order, when the finding, judgment, or order is | 10327 |
| rendered or issued. | 10328 |
| (6) If the payment arises from an overpayment of money by the | 10329 |
| state to another person, when the overpayment is discovered. | 10330 |
| (7) The date on which the amount for which an individual is | 10331 |
| personally liable under section 5735.35, section 5739.33, or | 10332 |
| division (G) of section 5747.07 of the Revised Code is determined. | 10333 |
| (8) Upon proof of claim being filed in a bankruptcy case. | 10334 |
| (9) Any other appropriate time determined by the officer, | 10335 |
| employee, or agent responsible for administering the law under | 10336 |
| which the amount is payable on the basis of statutory requirements | 10337 |
| or ordinary business processes of the state agency to which the | 10338 |
| payment is owed. | 10339 |
| (B)(1) The attorney general shall give immediate notice by | 10340 |
| mail or otherwise to the party indebted of the nature and amount | 10341 |
| of the indebtedness. | 10342 |
| (2) If the amount payable to this state arises from a tax | 10343 |
| levied under Chapter 5733., 5739., 5741., or 5747. of the Revised | 10344 |
| Code, the notice also shall specify all of the following: | 10345 |
| (a) The assessment or case number; | 10346 |
| (b) The tax pursuant to which the assessment is made; | 10347 |
| (c) The reason for the liability, including, if applicable, | 10348 |
| that a penalty or interest is due; | 10349 |
| (d) An explanation of how and when interest will be added to | 10350 |
| the amount assessed; | 10351 |
| (e) That the attorney general and tax commissioner, acting | 10352 |
| together, have the authority, but are not required, to compromise | 10353 |
| the claim and accept payment over a reasonable time, if such | 10354 |
| actions are in the best interest of the state. | 10355 |
| (C) The attorney general shall collect the claim or secure a | 10356 |
| judgment and issue an execution for its collection. | 10357 |
| (D) Each claim shall bear interest, from the day on which the | 10358 |
| claim became due, at the rate per annum required by section | 10359 |
| 5703.47 of the Revised Code. | 10360 |
| (E) The attorney general and the chief officer of the agency | 10361 |
| reporting a claim, acting together, may do any of the following if | 10362 |
| such action is in the best interests of the state: | 10363 |
| (1) Compromise the claim; | 10364 |
| (2) Extend for a reasonable period the time for payment of | 10365 |
| the claim by agreeing to accept monthly or other periodic | 10366 |
| payments. The agreement may require security for payment of the | 10367 |
| claim. | 10368 |
| (3) Add fees to recover the cost of processing checks or | 10369 |
| other draft instruments returned for insufficient funds and the | 10370 |
| cost of providing electronic payment options. | 10371 |
| (F)(1) Except as provided in division (F)(2) of this section, | 10372 |
| if the attorney general finds, after investigation, that any claim | 10373 |
| due and owing to the state is uncollectible, the attorney general, | 10374 |
| with the consent of the chief officer of the agency reporting the | 10375 |
| claim, may do the following: | 10376 |
| (a) Sell, convey, or otherwise transfer the claim to one or | 10377 |
| more private entities for collection; | 10378 |
| (b) Cancel the claim or cause it to be cancelled. | 10379 |
| (2) The attorney general shall cancel or cause to be | 10380 |
| cancelled an unsatisfied claim on the date that is forty years | 10381 |
| after the date the claim is certified. | 10382 |
| Sec. 131.23. The various political subdivisions of this | 10383 |
| state may issue bonds, and any indebtedness created by such | 10384 |
| issuance shall not be subject to the limitations or included in | 10385 |
| the calculation of indebtedness prescribed by sections 133.05, | 10386 |
| 133.06, 133.07, and 133.09 of the Revised Code, but such bonds may | 10387 |
| be issued only under the following conditions: | 10388 |
| (A) The subdivision desiring to issue such bonds shall obtain | 10389 |
| from the county auditor a certificate showing the total amount of | 10390 |
| delinquent taxes due and unpayable to such subdivision at the last | 10391 |
| semiannual tax settlement. | 10392 |
| (B) The fiscal officer of that subdivision shall prepare a | 10393 |
| statement, from the books of the subdivision, verified by the | 10394 |
| fiscal officer under oath, which shall contain the following facts | 10395 |
| of such subdivision: | 10396 |
| (1) The total bonded indebtedness; | 10397 |
| (2) The aggregate amount of notes payable or outstanding | 10398 |
| accounts of the subdivision, incurred prior to the commencement of | 10399 |
| the current fiscal year, which shall include all evidences of | 10400 |
| indebtedness issued by the subdivision except notes issued in | 10401 |
| anticipation of bond issues and the indebtedness of any | 10402 |
| nontax-supported public utility; | 10403 |
| (3) Except in the case of school districts, the aggregate | 10404 |
|
current year's requirement for disability
financial assistance | 10405 |
| 10406 | |
| Revised Code that the subdivision is unable to finance except by | 10407 |
| the issue of bonds; | 10408 |
| (4) The indebtedness outstanding through the issuance of any | 10409 |
| bonds or notes pledged or obligated to be paid by any delinquent | 10410 |
| taxes; | 10411 |
| (5) The total of any other indebtedness; | 10412 |
| (6) The net amount of delinquent taxes unpledged to pay any | 10413 |
| bonds, notes, or certificates, including delinquent assessments on | 10414 |
| improvements on which the bonds have been paid; | 10415 |
| (7) The budget requirements for the fiscal year for bond and | 10416 |
| note retirement; | 10417 |
| (8) The estimated revenue for the fiscal year. | 10418 |
| (C) The certificate and statement provided for in divisions | 10419 |
| (A) and (B) of this section shall be forwarded to the tax | 10420 |
| commissioner together with a request for authority to issue bonds | 10421 |
| of such subdivision in an amount not to exceed seventy per cent of | 10422 |
| the net unobligated delinquent taxes and assessments due and owing | 10423 |
| to such subdivision, as set forth in division (B)(6) of this | 10424 |
| section. | 10425 |
| (D) No subdivision may issue bonds under this section in | 10426 |
| excess of a sufficient amount to pay the indebtedness of the | 10427 |
| subdivision as shown by division (B)(2) of this section and, | 10428 |
| except in the case of school districts, to provide funds for | 10429 |
|
disability financial assistance | 10430 |
| as shown by division (B)(3) of this section. | 10431 |
| (E) The tax commissioner shall grant to such subdivision | 10432 |
| authority requested by such subdivision as restricted by divisions | 10433 |
| (C) and (D) of this section and shall make a record of the | 10434 |
| certificate, statement, and grant in a record book devoted solely | 10435 |
| to such recording and which shall be open to inspection by the | 10436 |
| public. | 10437 |
| (F) The commissioner shall immediately upon issuing the | 10438 |
| authority provided in division (E) of this section notify the | 10439 |
| proper authority having charge of the retirement of bonds of such | 10440 |
| subdivision by forwarding a copy of such grant of authority and of | 10441 |
| the statement provided for in division (B) of this section. | 10442 |
| (G) Upon receipt of authority, the subdivision shall proceed | 10443 |
| according to law to issue the amount of bonds authorized by the | 10444 |
| commissioner, and authorized by the taxing authority, provided the | 10445 |
| taxing authority of that subdivision may by resolution submit to | 10446 |
| the electors of that subdivision the question of issuing such | 10447 |
| bonds. Such resolution shall make the declarations and statements | 10448 |
| required by section 133.18 of the Revised Code. The county auditor | 10449 |
| and taxing authority shall thereupon proceed as set forth in | 10450 |
| divisions (C) and (D) of such section. The election on the | 10451 |
| question of issuing such bonds shall be held under divisions (E), | 10452 |
| (F), and (G) of such section, except that publication of the | 10453 |
| notice of such election shall be made on four separate days prior | 10454 |
| to such election in one or more newspapers of general circulation | 10455 |
| in the subdivisions. Such bonds may be exchanged at their face | 10456 |
| value with creditors of the subdivision in liquidating the | 10457 |
| indebtedness described and enumerated in division (B)(2) of this | 10458 |
| section or may be sold as provided in Chapter 133. of the Revised | 10459 |
| Code, and in either event shall be uncontestable. | 10460 |
| (H) The per cent of delinquent taxes and assessments | 10461 |
| collected for and to the credit of the subdivision after the | 10462 |
| exchange or sale of bonds as certified by the commissioner shall | 10463 |
| be paid to the authority having charge of the sinking fund of the | 10464 |
| subdivision, which money shall be placed in a separate fund for | 10465 |
| the purpose of retiring the bonds so issued. The proper authority | 10466 |
| of the subdivisions shall provide for the levying of a tax | 10467 |
| sufficient in amount to pay the debt charges on all such bonds | 10468 |
| issued under this section. | 10469 |
| (I) This section is for the sole purpose of assisting the | 10470 |
| various subdivisions in paying their unsecured indebtedness, and | 10471 |
|
providing funds for disability financial assistance | 10472 |
| 10473 | |
| section shall not be used for any other purpose and any exchange | 10474 |
| for other purposes, or the use of the money derived from the sale | 10475 |
| of such bonds by the subdivision for any other purpose, is | 10476 |
| misapplication of funds. | 10477 |
| (J) The bonds authorized by this section shall be redeemable | 10478 |
| or payable in not to exceed ten years from date of issue and shall | 10479 |
| not be subject to or considered in calculating the net | 10480 |
| indebtedness of the subdivision. The budget commission of the | 10481 |
| county in which the subdivision is located shall annually allocate | 10482 |
| such portion of the then delinquent levy due such subdivision | 10483 |
| which is unpledged for other purposes to the payment of debt | 10484 |
| charges on the bonds issued under authority of this section. | 10485 |
| (K) The issue of bonds under this section shall be governed | 10486 |
| by Chapter 133. of the Revised Code, respecting the terms used, | 10487 |
| forms, manner of sale, and redemption except as otherwise provided | 10488 |
| in this section. | 10489 |
| The board of county commissioners of any county may issue | 10490 |
| bonds authorized by this section and distribute the proceeds of | 10491 |
| such bond issues to any or all of the cities and townships of such | 10492 |
| counties, according to their relative needs for disability | 10493 |
|
financial assistance | 10494 |
| determined by such county. | 10495 |
| All sections of the Revised Code inconsistent with or | 10496 |
| prohibiting the exercise of the authority conferred by this | 10497 |
| section are inoperative respecting bonds issued under this | 10498 |
| section. | 10499 |
| Sec. 131.51. In any civil action that is brought before any | 10500 |
| court of competent jurisdiction and in which the state is a party, | 10501 |
| prior to entering into a consent agreement in which the state must | 10502 |
| perform any action that requires additional appropriations or an | 10503 |
| increase in appropriations, the state official who represents the | 10504 |
| state as a party in the action shall obtain the approval of the | 10505 |
| consent agreement by the controlling board. In no case shall a | 10506 |
| consent agreement bind the general assembly to appropriate funding | 10507 |
| unless the general assembly is a party to the action and the | 10508 |
| consent agreement. | 10509 |
| As used in this section, "state" has the same meaning as in | 10510 |
| section 2743.01 of the Revised Code. | 10511 |
| Sec. 133.09. (A) Unless it is a township that has adopted a | 10512 |
| limited home rule government under Chapter 504. of the Revised | 10513 |
| Code, a township shall not incur net indebtedness that exceeds an | 10514 |
| amount equal to five per cent of its tax valuation and, except as | 10515 |
| specifically authorized by section 505.262 of the Revised Code or | 10516 |
| other laws, shall not incur any net indebtedness unless authorized | 10517 |
| by vote of the electors. | 10518 |
| (B) A township that has adopted a limited home rule | 10519 |
| government under Chapter 504. of the Revised Code shall not incur | 10520 |
| net indebtedness that exceeds an amount equal to ten and one-half | 10521 |
| per cent of its tax valuation, or incur without a vote of the | 10522 |
| electors net indebtedness that exceeds an amount equal to five and | 10523 |
| one-half per cent of that tax valuation. In calculating the net | 10524 |
| indebtedness of a township that has adopted a limited home rule | 10525 |
| government, none of the following securities shall be considered: | 10526 |
| (1) Self-supporting securities issued for any purpose; | 10527 |
| (2) Securities issued for the purpose of purchasing, | 10528 |
| constructing, improving, or extending water or sanitary or surface | 10529 |
| and storm water sewerage systems or facilities, or a combination | 10530 |
| of those systems or facilities, to the extent that an agreement | 10531 |
| entered into with another subdivision requires the other | 10532 |
| subdivision to pay to the township amounts equivalent to debt | 10533 |
| charges on the securities; | 10534 |
| (3) Securities that are not general obligations of the | 10535 |
| township; | 10536 |
| (4) Voted securities issued for the purposes of redevelopment | 10537 |
| to the extent that their principal amount does not exceed an | 10538 |
| amount equal to two per cent of the tax valuation of the township; | 10539 |
| (5) Securities issued for the purpose of acquiring or | 10540 |
| constructing roads, highways, bridges, or viaducts, or for the | 10541 |
| purpose of acquiring or making other highway permanent | 10542 |
| improvements, to the extent that the resolution of the board of | 10543 |
| township trustees authorizing the issuance of the securities | 10544 |
| includes a covenant to appropriate from money distributed to the | 10545 |
| township under Chapter 4501., 4503., 4504., or 5735. of the | 10546 |
| Revised Code a sufficient amount to cover debt charges on and | 10547 |
| financing costs relating to the securities as they become due; | 10548 |
| (6) Securities issued for energy conservation measures under | 10549 |
| section 505.264 of the Revised Code. | 10550 |
| (C) In calculating the net indebtedness of any township, no | 10551 |
| obligation incurred under division (B) of section 513.17 or under | 10552 |
| section 505.261, 505.264, 505.265, 505.267, or 505.37 of the | 10553 |
| Revised Code, or in connection with a project undertaken pursuant | 10554 |
| to section 5540.032 of the Revised Code, shall be considered. | 10555 |
| Sec. 140.01. As used in this chapter: | 10556 |
| (A) "Hospital agency" means any public hospital agency or any | 10557 |
| nonprofit hospital agency. | 10558 |
| (B) "Public hospital agency" means any county, board of | 10559 |
| county hospital trustees established pursuant to section 339.02 of | 10560 |
| the Revised Code, county hospital commission established pursuant | 10561 |
| to section 339.14 of the Revised Code, municipal corporation, new | 10562 |
| community authority organized under Chapter 349. of the Revised | 10563 |
| Code, joint township hospital district, state or municipal | 10564 |
| university or college operating or authorized to operate a | 10565 |
| hospital facility, or the state. | 10566 |
| (C) "Nonprofit hospital agency" means a corporation or | 10567 |
| association not for profit, no part of the net earnings of which | 10568 |
| inures or may lawfully inure to the benefit of any private | 10569 |
| shareholder or individual, that has authority to own or operate a | 10570 |
| hospital facility or provides or is to provide services to one or | 10571 |
| more other hospital agencies. | 10572 |
| (D) "Governing body" means, in the case of a county, the | 10573 |
| board of county commissioners or other legislative body; in the | 10574 |
| case of a board of county hospital trustees, the board; in the | 10575 |
| case of a county hospital commission, the commission; in the case | 10576 |
| of a municipal corporation, the council or other legislative | 10577 |
| authority; in the case of a new community authority, its board of | 10578 |
| trustees; in the case of a joint township hospital district, the | 10579 |
| joint township district hospital board; in the case of a state or | 10580 |
| municipal university or college, its board of trustees or board of | 10581 |
| directors; in the case of a nonprofit hospital agency, the board | 10582 |
| of trustees or other body having general management of the agency; | 10583 |
| and, in the case of the state, the director of development or the | 10584 |
| Ohio higher educational facility commission. | 10585 |
| (E) "Hospital facilities" means buildings, structures and | 10586 |
| other improvements, additions thereto and extensions thereof, | 10587 |
| furnishings, equipment, and real estate and interests in real | 10588 |
| estate, used or to be used for or in connection with one or more | 10589 |
| hospitals, emergency, intensive, intermediate, extended, | 10590 |
| long-term, or self-care facilities, diagnostic and treatment and | 10591 |
| out-patient facilities, facilities related to programs for home | 10592 |
| health services, clinics, laboratories, public health centers, | 10593 |
| research facilities, and rehabilitation facilities, for or | 10594 |
| pertaining to diagnosis, treatment, care, or rehabilitation of | 10595 |
| sick, ill, injured, infirm, impaired, disabled, or handicapped | 10596 |
| persons, or the prevention, detection, and control of disease, and | 10597 |
| also includes education, training, and food service facilities for | 10598 |
| health professions personnel, housing facilities for such | 10599 |
| personnel and their families, and parking and service facilities | 10600 |
| in connection with any of the foregoing; and includes any one, | 10601 |
| part of, or any combination of the foregoing; and further includes | 10602 |
| site improvements, utilities, machinery, facilities, furnishings, | 10603 |
| and any separate or connected buildings, structures, improvements, | 10604 |
| sites, utilities, facilities, or equipment to be used in, or in | 10605 |
| connection with the operation or maintenance of, or supplementing | 10606 |
| or otherwise related to the services or facilities to be provided | 10607 |
| by, any one or more of such hospital facilities. | 10608 |
| (F) "Costs of hospital facilities" means the costs of | 10609 |
| acquiring hospital facilities or interests in hospital facilities, | 10610 |
| including membership interests in nonprofit hospital agencies, | 10611 |
| costs of constructing hospital facilities, costs of improving one | 10612 |
| or more hospital facilities, including reconstructing, | 10613 |
| rehabilitating, remodeling, renovating, and enlarging, costs of | 10614 |
| equipping and furnishing such facilities, and all financing costs | 10615 |
| pertaining thereto, including, without limitation thereto, costs | 10616 |
| of engineering, architectural, and other professional services, | 10617 |
| designs, plans, specifications and surveys, and estimates of cost, | 10618 |
| costs of tests and inspections, the costs of any indemnity or | 10619 |
| surety bonds and premiums on insurance, all related direct or | 10620 |
| allocable administrative expenses pertaining thereto, fees and | 10621 |
| expenses of trustees, depositories, and paying agents for the | 10622 |
| obligations, cost of issuance of the obligations and financing | 10623 |
| charges and fees and expenses of financial advisors, attorneys, | 10624 |
| accountants, consultants and rating services in connection | 10625 |
| therewith, capitalized interest on the obligations, amounts | 10626 |
| necessary to establish reserves as required by the bond | 10627 |
| proceedings, the reimbursement of all moneys advanced or applied | 10628 |
| by the hospital agency or others or borrowed from others for the | 10629 |
| payment of any item or items of costs of such facilities, and all | 10630 |
| other expenses necessary or incident to planning or determining | 10631 |
| feasibility or practicability with respect to such facilities, and | 10632 |
| such other expenses as may be necessary or incident to the | 10633 |
| acquisition, construction, reconstruction, rehabilitation, | 10634 |
| remodeling, renovation, enlargement, improvement, equipment, and | 10635 |
| furnishing of such facilities, the financing thereof, and the | 10636 |
| placing of the same in use and operation, including any one, part | 10637 |
| of, or combination of such classes of costs and expenses, and | 10638 |
| means the costs of refinancing obligations issued by, or | 10639 |
| reimbursement of money advanced by, nonprofit hospital agencies or | 10640 |
| others the proceeds of which were used for the payment of costs of | 10641 |
| hospital facilities, if the governing body of the public hospital | 10642 |
| agency determines that the refinancing or reimbursement advances | 10643 |
| the purposes of this chapter, whether or not the refinancing or | 10644 |
| reimbursement is in conjunction with the acquisition or | 10645 |
| construction of additional hospital facilities. | 10646 |
| (G) "Hospital receipts" means all moneys received by or on | 10647 |
| behalf of a hospital agency from or in connection with the | 10648 |
| ownership, operation, acquisition, construction, improvement, | 10649 |
| equipping, or financing of any hospital facilities, including, | 10650 |
| without limitation thereto, any rentals and other moneys received | 10651 |
| from the lease, sale, or other disposition of hospital facilities, | 10652 |
| and any gifts, grants, interest subsidies, or other moneys | 10653 |
| received under any federal program for assistance in financing the | 10654 |
| costs of hospital facilities, and any other gifts, grants, and | 10655 |
| donations, and receipts therefrom, available for financing the | 10656 |
| costs of hospital facilities. | 10657 |
| (H) "Obligations" means bonds, notes, or other evidences of | 10658 |
| indebtedness or obligation, including interest coupons pertaining | 10659 |
| thereto, issued or issuable by a public hospital agency to pay | 10660 |
| costs of hospital facilities. | 10661 |
| (I) "Bond service charges" means principal, interest, and | 10662 |
| call premium, if any, required to be paid on obligations. | 10663 |
| (J) "Bond proceedings" means one or more ordinances, | 10664 |
| resolutions, trust agreements, indentures, and other agreements or | 10665 |
| documents, and amendments and supplements to the foregoing, or any | 10666 |
| combination thereof, authorizing or providing for the terms, | 10667 |
| including any variable interest rates, and conditions applicable | 10668 |
| to, or providing for the security of, obligations and the | 10669 |
| provisions contained in such obligations. | 10670 |
| (K) "Nursing home" has the same meaning as in division (A)(1) | 10671 |
| of section 5701.13 of the Revised Code. | 10672 |
| (L) "Residential care facility" has the same meaning as in | 10673 |
| division (A)(2) of section 5701.13 of the Revised Code. | 10674 |
| (M) "Adult care facility" has the same meaning as in division | 10675 |
| (A)(3) of section 5701.13 of the Revised Code. | 10676 |
| (N) "Independent living facility" means any self-care | 10677 |
| facility or other housing facility designed or used as a residence | 10678 |
| for elderly persons. An "independent living facility" does not | 10679 |
| include a residential facility, or that part of a residential | 10680 |
| facility, that is any of the following: | 10681 |
| (1) A hospital required to be certified by section 3727.02 of | 10682 |
| the Revised Code; | 10683 |
| (2) A nursing home or residential care facility; | 10684 |
| (3) An adult care facility; | 10685 |
| (4) A hospice licensed under section 3712.04 of the Revised | 10686 |
| Code; | 10687 |
| (5) | 10688 |
| 10689 |
| | 10690 |
| the department of mental health under section 5119.22 of the | 10691 |
| Revised Code; | 10692 |
| | 10693 |
| under section 3793.11 of the Revised Code; | 10694 |
| | 10695 |
| program under section 3793.06 of the Revised Code; | 10696 |
| | 10697 |
| of the Revised Code or a facility providing services under a | 10698 |
| contract with the department of mental retardation and | 10699 |
| developmental disabilities under section 5123.18 of the Revised | 10700 |
| Code; | 10701 |
| | 10702 |
| provide housing for staff of the hospital or students pursuing a | 10703 |
| course of study at the hospital. | 10704 |
| Sec. 140.08. (A) Except as otherwise provided in
| 10705 |
| division (B) | 10706 |
| purchased, acquired, constructed, or owned by a public hospital | 10707 |
| agency, or financed in whole or in part by obligations issued by a | 10708 |
| public hospital agency, and used, or to be used when completed, as | 10709 |
| hospital facilities, and the income therefrom, are exempt from all | 10710 |
| taxation within this state, including ad valorem and excise taxes, | 10711 |
| notwithstanding any other provisions of law, and hospital agencies | 10712 |
| are exempt from taxes levied under Chapters 5739. and 5741. of the | 10713 |
| Revised Code. The obligations issued hereafter under section | 10714 |
| 133.08, 140.06, or 339.15 of the Revised Code or Section 3 of | 10715 |
| Article XVIII, Ohio Constitution, to pay costs of hospital | 10716 |
| facilities or to refund such obligations, and the transfer | 10717 |
| thereof, and the interest and other income from such obligations, | 10718 |
| including any profit made on the sale thereof, is free from | 10719 |
| taxation within the state. | 10720 |
| (B)(1) Division (A) of this section does not exempt | 10721 |
| independent living facilities from taxes levied on property or | 10722 |
| taxes levied under Chapters 5739. and 5741. of the Revised Code. | 10723 |
| If an independent living facility or part of such facility becomes | 10724 |
| an adult care facility, nursing home, or residential care facility | 10725 |
| on or after January 10, 1991, that part of the independent living | 10726 |
| facility that is an adult care facility, nursing home, or | 10727 |
| residential care facility is exempt from taxation subject to | 10728 |
| division (B)(2) of this section on and after the date it becomes | 10729 |
| an adult care facility, nursing home, or residential care | 10730 |
| facility. | 10731 |
| (2) Division (A) of this section exempts nursing homes, | 10732 |
| residential care facilities, and adult care facilities from taxes | 10733 |
| levied on property and taxes levied under Chapters 5739. and 5741. | 10734 |
| of the Revised Code only until all obligations issued to finance | 10735 |
| such homes or facilities, or all refunding or series of refundings | 10736 |
| of those obligations, are redeemed or otherwise retired. | 10737 |
| (3) Nothing in division (A) of this section exempts any | 10738 |
| person subject to this section from the tax levied by Chapter | 10739 |
| 5751. of the Revised Code, but the tax shall be based solely on | 10740 |
| those gross receipts that contribute to such person's unrelated | 10741 |
| business taxable income under the Internal Revenue Code of 1986, | 10742 |
| 100 Stat. 2085, 26 U.S.C. 1, as amended. | 10743 |
| Sec. 141.011. Beginning in calendar year 2001, the annual | 10744 |
| salaries of the elective officers of the state shall be as follows | 10745 |
| rather than as prescribed by divisions (A) to (F) of section | 10746 |
| 141.01 of the Revised Code: | 10747 |
| (A)(1) In calendar year 2001 the annual salary of the | 10748 |
| governor shall be one hundred twenty-six thousand four hundred | 10749 |
| ninety-seven dollars. | 10750 |
| (2) In calendar years 2002 through 2006 the annual salary of | 10751 |
| the governor shall be one hundred thirty thousand two hundred | 10752 |
| ninety-two dollars. | 10753 |
| (3) In calendar year 2007 the annual salary of the governor | 10754 |
| shall be the annual salary in 2006 increased by each of the | 10755 |
| following percentages in succession: | 10756 |
| (a) The lesser of three per cent or the percentage increase, | 10757 |
| if any, in the consumer price index from October 1, 2001, to | 10758 |
| September 30, 2002, rounded to the nearest one-tenth of one per | 10759 |
| cent; | 10760 |
| (b) The lesser of three per cent or the percentage increase, | 10761 |
| if any, in the consumer price index from October 1, 2002, to | 10762 |
| September 30, 2003, rounded to the nearest one-tenth of one per | 10763 |
| cent; | 10764 |
| (c) The lesser of three per cent or the percentage increase, | 10765 |
| if any, in the consumer price index from October 1, 2003, to | 10766 |
| September 30, 2004, rounded to the nearest one-tenth of one per | 10767 |
| cent; | 10768 |
| (d) The lesser of three per cent or the percentage increase, | 10769 |
| if any, in the consumer price index from October 1, 2004, to | 10770 |
| September 30, 2005, rounded to the nearest one-tenth of one per | 10771 |
| cent; | 10772 |
| (e) The lesser of three per cent or the percentage increase, | 10773 |
| if any, in the consumer price index from October 1, 2005, to | 10774 |
| September 30, 2006, rounded to the nearest one-tenth of one per | 10775 |
| cent. | 10776 |
| (4) In calendar year 2008 and thereafter, the annual salary | 10777 |
| of the governor shall be the annual salary in 2007 increased by | 10778 |
| the lesser of the following: | 10779 |
| (a) Three per cent; | 10780 |
| (b) The percentage increase, if any, in the consumer price | 10781 |
| index from October 1, 2006, to September 30, 2007, rounded to the | 10782 |
| nearest one-tenth of one per cent. | 10783 |
| (B)(1) In calendar year 2001 the annual salary of the | 10784 |
| lieutenant governor shall be sixty-six thousand three hundred six | 10785 |
| dollars. | 10786 |
| (2) In calendar years 2002 through 2006 the annual salary of | 10787 |
| the lieutenant governor shall be sixty-eight thousand two hundred | 10788 |
| ninety-five dollars. | 10789 |
| (3) In calendar year 2007 the annual salary of the lieutenant | 10790 |
| governor shall be the annual salary in 2006 increased by each of | 10791 |
| the following percentages in succession: | 10792 |
| (a) The lesser of three per cent or the percentage increase, | 10793 |
| if any, in the consumer price index from October 1, 2001, to | 10794 |
| September 30, 2002, rounded to the nearest one-tenth of one per | 10795 |
| cent; | 10796 |
| (b) The lesser of three per cent or the percentage increase, | 10797 |
| if any, in the consumer price index from October 1, 2002, to | 10798 |
| September 30, 2003, rounded to the nearest one-tenth of one per | 10799 |
| cent; | 10800 |
| (c) The lesser of three per cent or the percentage increase, | 10801 |
| if any, in the consumer price index from October 1, 2003, to | 10802 |
| September 30, 2004, rounded to the nearest one-tenth of one per | 10803 |
| cent; | 10804 |
| (d) The lesser of three per cent or the percentage increase, | 10805 |
| if any, in the consumer price index from October 1, 2004, to | 10806 |
| September 30, 2005, rounded to the nearest one-tenth of one per | 10807 |
| cent; | 10808 |
| (e) The lesser of three per cent or the percentage increase, | 10809 |
| if any, in the consumer price index from October 1, 2005, to | 10810 |
| September 30, 2006, rounded to the nearest one-tenth of one per | 10811 |
| cent. | 10812 |
| (4) In calendar year 2008 and thereafter, the annual salary | 10813 |
| of the lieutenant governor shall be the annual salary in 2007 | 10814 |
| increased by the lesser of the following: | 10815 |
| (a) Three per cent; | 10816 |
| (b) The percentage increase, if any, in the consumer price | 10817 |
| index from October 1, 2006 to September 30, 2007, rounded to the | 10818 |
| nearest one-tenth of one per cent. | 10819 |
| If the governor appoints the lieutenant governor as an | 10820 |
|
administrative
department head | 10821 |
| 10822 | |
| 10823 | |
| office while serving as its head in lieu of the salary for the | 10824 |
| office of lieutenant governor. | 10825 |
| (C)(1) In calendar year 2001 the annual salary of the | 10826 |
| secretary of state, auditor of state, treasurer of state, and | 10827 |
| attorney general shall be ninety-three thousand four hundred | 10828 |
| forty-seven dollars. | 10829 |
| (2) In calendar year 2002 the annual salary of the secretary | 10830 |
| of state, auditor of state, treasurer of state, and attorney | 10831 |
| general shall be ninety-six thousand two hundred fifty dollars. | 10832 |
| (3) In each calendar year from 2003 through 2008, the annual | 10833 |
| salary of the secretary of state, auditor of state, treasurer of | 10834 |
| state, and attorney general shall be increased by the lesser of | 10835 |
| the following: | 10836 |
| (a) Three per cent; | 10837 |
| (b) The percentage increase, if any, in the consumer price | 10838 |
| index over the twelve-month period that ends on the thirtieth day | 10839 |
| of September of the immediately preceding year, rounded to the | 10840 |
| nearest one-tenth of one per cent. | 10841 |
| (D) Upon the death of an elected executive officer of the | 10842 |
| state listed in divisions (A) to (F) of section 141.01 of the | 10843 |
| Revised Code during that person's term of office, an amount shall | 10844 |
| be paid in accordance with section 2113.04 of the Revised Code, or | 10845 |
| to that person's estate. The amount shall equal the amount of the | 10846 |
| salary that the officer would have received during the remainder | 10847 |
| of the officer's unexpired term or an amount equal to the salary | 10848 |
| of that person's office for two years, whichever is less. | 10849 |
| (E) As used in this section, "consumer price index" has the | 10850 |
| same meaning as in section 101.27 of the Revised Code. | 10851 |
| Sec. 141.04. (A) The annual salaries of the chief justice of | 10852 |
| the supreme court and of the justices and judges named in this | 10853 |
| section payable from the state treasury are as follows, rounded to | 10854 |
| the nearest fifty dollars: | 10855 |
| (1) For the chief justice of the supreme court, the following | 10856 |
| amounts effective in the following years: | 10857 |
| (a) Beginning January 1, 2000, one hundred twenty-four | 10858 |
| thousand nine hundred dollars; | 10859 |
| (b) Beginning January 1, 2001, one hundred twenty-eight | 10860 |
| thousand six hundred fifty dollars; | 10861 |
| (c) After 2001, the amount determined under division (E)(1) | 10862 |
| of this section. | 10863 |
| (2) For the justices of the supreme court, the following | 10864 |
| amounts effective in the following years: | 10865 |
| (a) Beginning January 1, 2000, one hundred seventeen thousand | 10866 |
| two hundred fifty dollars; | 10867 |
| (b) Beginning January 1, 2001, one hundred twenty thousand | 10868 |
| seven hundred fifty dollars; | 10869 |
| (c) After 2001, the amount determined under division (E)(1) | 10870 |
| of this section. | 10871 |
| (3) For the judges of the courts of appeals, the following | 10872 |
| amounts effective in the following years: | 10873 |
| (a) Beginning January 1, 2000, one hundred nine thousand two | 10874 |
| hundred fifty dollars; | 10875 |
| (b) Beginning January 1, 2001, one hundred twelve thousand | 10876 |
| five hundred fifty dollars; | 10877 |
| (c) After 2001, the amount determined under division (E)(1) | 10878 |
| of this section. | 10879 |
| (4) For the judges of the courts of common pleas, the | 10880 |
| following amounts effective in the following years: | 10881 |
| (a) Beginning January 1, 2000, one hundred thousand five | 10882 |
| hundred dollars, reduced by an amount equal to the annual | 10883 |
| compensation paid to that judge from the county treasury pursuant | 10884 |
| to section 141.05 of the Revised Code; | 10885 |
| (b) Beginning January 1, 2001, one hundred three thousand | 10886 |
| five hundred dollars, reduced by an amount equal to the annual | 10887 |
| compensation paid to that judge from the county treasury pursuant | 10888 |
| to section 141.05 of the Revised Code; | 10889 |
| (c) After 2001, the aggregate annual salary amount determined | 10890 |
| under division (E)(2) of this section reduced by an amount equal | 10891 |
| to the annual compensation paid to that judge from the county | 10892 |
| treasury pursuant to section 141.05 of the Revised Code. | 10893 |
| (5) For the full-time judges of a municipal court or the | 10894 |
| part-time judges of a municipal court of a territory having a | 10895 |
| population of more than fifty thousand, the following amounts | 10896 |
| effective in the following years, which amounts shall be in | 10897 |
| addition to all amounts received pursuant to divisions (B)(1)(a) | 10898 |
| and (2) of section 1901.11 of the Revised Code from municipal | 10899 |
| corporations and counties: | 10900 |
| (a) Beginning January 1, 2000, thirty-two thousand six | 10901 |
| hundred fifty dollars; | 10902 |
| (b) Beginning January 1, 2001, thirty-five thousand five | 10903 |
| hundred dollars; | 10904 |
| (c) After 2001, the amount determined under division (E)(3) | 10905 |
| of this section. | 10906 |
| (6) For judges of a municipal court designated as part-time | 10907 |
| judges by section 1901.08 of the Revised Code, other than | 10908 |
| part-time judges to whom division (A)(5) of this section applies, | 10909 |
| and for judges of a county court, the following amounts effective | 10910 |
| in the following years, which amounts shall be in addition to any | 10911 |
| amounts received pursuant to division (A) of section 1901.11 of | 10912 |
| the Revised Code from municipal corporations and counties or | 10913 |
| pursuant to division (A) of section 1907.16 of the Revised Code | 10914 |
| from counties: | 10915 |
| (a) Beginning January 1, 2000, eighteen thousand eight | 10916 |
| hundred dollars; | 10917 |
| (b) Beginning January 1, 2001, twenty thousand four hundred | 10918 |
| fifty dollars; | 10919 |
| (c) After 2001, the amount determined under division (E)(4) | 10920 |
| of this section. | 10921 |
| (B) Except as provided in section 1901.121 of the Revised | 10922 |
| Code, except as otherwise provided in this division, and except | 10923 |
| for the compensation to which the judges described in division | 10924 |
| (A)(5) of this section are entitled pursuant to divisions | 10925 |
| (B)(1)(a) and (2) of section 1901.11 of the Revised Code, the | 10926 |
| annual salary of the chief justice of the supreme court and of | 10927 |
| each justice or judge listed in division (A) of this section shall | 10928 |
| be paid in equal monthly installments from the state treasury. If | 10929 |
| the chief justice of the supreme court or any justice or judge | 10930 |
| listed in division (A)(2), (3), or (4) of this section delivers a | 10931 |
| written request to be paid biweekly to the administrative director | 10932 |
| of the supreme court prior to the first day of January of any | 10933 |
| year, the annual salary of the chief justice or the justice or | 10934 |
| judge that is listed in division (A)(2), (3), or (4) of this | 10935 |
| section shall be paid, during the year immediately following the | 10936 |
| year in which the request is delivered to the administrative | 10937 |
| director of the supreme court, biweekly from the state treasury. | 10938 |
| (C) Upon the death of the chief justice or a justice of the | 10939 |
| supreme court during that person's term of office, an amount shall | 10940 |
| be paid in accordance with section 2113.04 of the Revised Code, or | 10941 |
| to that person's estate. The amount shall equal the amount of the | 10942 |
| salary that the chief justice or justice would have received | 10943 |
| during the remainder of the unexpired term or an amount equal to | 10944 |
| the salary of office for two years, whichever is less. | 10945 |
| (D) Neither the chief justice of the supreme court nor any | 10946 |
| justice or judge of the supreme court, the court of appeals, the | 10947 |
| court of common pleas, or the probate court shall hold any other | 10948 |
| office of trust or profit under the authority of this state or the | 10949 |
| United States. | 10950 |
| (E)(1) Each calendar year from 2002 through 2008, the annual | 10951 |
| salaries of the chief justice of the supreme court and of the | 10952 |
| justices and judges named in divisions (A)(2) and (3) of this | 10953 |
| section shall be increased by an amount equal to the adjustment | 10954 |
| percentage for that year multiplied by the compensation paid the | 10955 |
| preceding year pursuant to division (A)(1), (2), or (3) of this | 10956 |
| section. | 10957 |
| (2) Each calendar year from 2002 through 2008, the aggregate | 10958 |
| annual salary payable under division (A)(4) of this section to the | 10959 |
| judges named in that division shall be increased by an amount | 10960 |
| equal to the adjustment percentage for that year multiplied by the | 10961 |
| aggregate compensation paid the preceding year pursuant to | 10962 |
| division (A)(4) of this section and section 141.05 of the Revised | 10963 |
| Code. | 10964 |
| (3) Each calendar year from 2002 through 2008, the salary | 10965 |
| payable from the state treasury under division (A)(5) of this | 10966 |
| section to the judges named in that division shall be increased by | 10967 |
| an amount equal to the adjustment percentage for that year | 10968 |
| multiplied by the aggregate compensation paid the preceding year | 10969 |
| pursuant to division (A)(5) of this section and division (B)(1)(a) | 10970 |
| of section 1901.11 of the Revised Code. | 10971 |
| (4) Each calendar year from 2002 through 2008, the salary | 10972 |
| payable from the state treasury under division (A)(6) of this | 10973 |
| section to the judges named in that division shall be increased by | 10974 |
| an amount equal to the adjustment percentage for that year | 10975 |
| multiplied by the aggregate compensation paid the preceding year | 10976 |
| pursuant to division (A)(6) of this section and division (A) of | 10977 |
| section 1901.11 of the Revised Code from municipal corporations | 10978 |
| and counties or division (A) of section 1907.16 of the Revised | 10979 |
| Code from counties. | 10980 |
| (F) In addition to the salaries payable pursuant to this | 10981 |
| section, the chief justice of the supreme court and the justices | 10982 |
| of the supreme court shall be entitled to a vehicle allowance of | 10983 |
| five hundred dollars per month, payable from the state treasury. | 10984 |
| The allowance shall be increased on the first day of January of | 10985 |
| each odd numbered year by an amount equal to the percentage | 10986 |
| increase, if any, in the consumer price index for the immediately | 10987 |
| preceding twenty-four month period for which information is | 10988 |
| available. | 10989 |
| (G) As used in this section: | 10990 |
| (1) The "adjustment percentage" for a year is the lesser of | 10991 |
| the following: | 10992 |
| (a) Three per cent; | 10993 |
| (b) The percentage increase, if any, in the consumer price | 10994 |
| index over the twelve-month period that ends on the thirtieth day | 10995 |
| of September of the immediately preceding year, rounded to the | 10996 |
| nearest one-tenth of one per cent. | 10997 |
| (2) "Consumer price index" has the same meaning as in section | 10998 |
| 101.27 of the Revised Code. | 10999 |
| (3) "Salary" does not include any portion of the cost, | 11000 |
| premium, or charge for health, medical, hospital, dental, or | 11001 |
| surgical benefits, or any combination of those benefits, covering | 11002 |
| the chief justice of the supreme court or a justice or judge named | 11003 |
| in this section and paid on the chief justice's or the justice's | 11004 |
| or judge's behalf by a governmental entity. | 11005 |
| Sec. 147.05. (A) Before entering upon the duties of the | 11006 |
| office of notary public, a notary public shall leave the notary | 11007 |
| public's commission with the oath endorsed on the commission with | 11008 |
| the clerk of the court of common pleas of the county in which the | 11009 |
| notary public resides. The clerk shall record the commission in a | 11010 |
| book kept for that purpose. The clerk shall endorse on the margin | 11011 |
| of the record and on the back of the commission the time that the | 11012 |
| clerk received the commission for record and make a proper index | 11013 |
| to all commissions so recorded. For recording and indexing a | 11014 |
| commission, the fee of the clerk shall be as provided in division | 11015 |
| (R) of section 2303.20 of the Revised Code. | 11016 |
| (B) The secretary of state shall maintain a record of the | 11017 |
| commissions of each notary public appointed and commissioned by | 11018 |
| the secretary of state under this chapter and make a proper index | 11019 |
| to that record. | 11020 |
| The governor's office shall transfer to the secretary of | 11021 |
|
state's office, on or after
| 11022 |
| June 6, 2001, the record of notaries public formerly kept by the | 11023 |
| governor's office under section 107.10 of the Revised Code. The | 11024 |
| secretary of state's office shall maintain that record together | 11025 |
| with the record and index of commissions of notaries public | 11026 |
| required by this division. | 11027 |
| (C) If a notary public legally changes the notary public's | 11028 |
| name or address after having been commissioned as a notary public, | 11029 |
| the notary public shall notify the secretary of state and the | 11030 |
| appropriate clerk of courts within thirty days after the name or | 11031 |
| address change. Notification to the secretary of state shall be on | 11032 |
| a form prescribed by the secretary of state. | 11033 |
| (D) A notary, other than an attorney, who resigns the | 11034 |
| person's commission shall deliver to the secretary of state, on a | 11035 |
| form prescribed by the secretary of state, a written notice | 11036 |
| indicating the effective date of resignation. | 11037 |
| Sec. 147.10. No notary public shall do or perform any act as | 11038 |
| a notary public
knowing that | 11039 |
| office has expired or that the notary public has resigned the | 11040 |
| notary public's commission. | 11041 |
| Sec. 147.11. A person appointed notary public who performs | 11042 |
| any act as such after the expiration of | 11043 |
| office or after the person resigns the person's commission, | 11044 |
| knowing that | 11045 |
| has resigned, shall forfeit not more than five hundred dollars, to | 11046 |
| be recovered by an action in the name of the state. Such act shall | 11047 |
| render | 11048 |
| Sec. 147.12. An official act done by a notary public after | 11049 |
| the expiration of
| 11050 |
| the notary public resigns the notary public's commission is as | 11051 |
| valid as if done
during | 11052 |
| Sec. 147.371. (A) Upon receipt of a fee of two dollars and an | 11053 |
| affidavit that the original commission of a notary public has been | 11054 |
| lost or destroyed, a duplicate commission as notary public shall | 11055 |
| be issued by the secretary of state. | 11056 |
| (B) Upon receipt of a fee of two dollars and the properly | 11057 |
| completed, prescribed form for a name and address change under | 11058 |
| division (C) of section 147.05 of the Revised Code, the secretary | 11059 |
| of state shall issue a duplicate commission as a notary public. | 11060 |
| Sec. 149.30. The Ohio historical society, chartered by this | 11061 |
| state as a corporation not for profit to promote a knowledge of | 11062 |
| history and archaeology, especially of Ohio, and operated | 11063 |
| continuously in the public interest since 1885, may perform public | 11064 |
| functions as prescribed by law. | 11065 |
| The general assembly may appropriate money to the Ohio | 11066 |
| historical society each biennium to carry out the public functions | 11067 |
| of the society as enumerated in this section. An appropriation by | 11068 |
| the general assembly to the society constitutes an offer to | 11069 |
| contract with the society to carry out those public functions for | 11070 |
| which appropriations are made. An acceptance by the society of the | 11071 |
| appropriated funds constitutes an acceptance by the society of the | 11072 |
| offer and is considered an agreement by the society to perform | 11073 |
| those functions in accordance with the terms of the appropriation | 11074 |
| and the law and to expend the funds only for the purposes for | 11075 |
| which appropriated. The governor may request on behalf of the | 11076 |
| society, and the controlling board may release, additional funds | 11077 |
| to the society for survey, salvage, repair, or rehabilitation of | 11078 |
| an emergency nature for which funds have not been appropriated, | 11079 |
| and acceptance by the society of those funds constitutes an | 11080 |
| agreement on the part of the society to expend those funds only | 11081 |
| for the purpose for which released by the controlling board. | 11082 |
| The society shall faithfully expend and apply all moneys | 11083 |
| received from the state to the uses and purposes directed by law | 11084 |
|
and for necessary administrative expenses. | 11085 |
| assembly appropriates money to the society for grants or subsidies | 11086 |
| to other entities for their site-related programs, the society, | 11087 |
| except for good cause, shall distribute the money within ninety | 11088 |
| days of accepting a grant or subsidy application for the money. | 11089 |
| The society shall not retain or charge an administrative, service, | 11090 |
| or processing fee of any kind for distributing money to those | 11091 |
| entities. | 11092 |
| The society shall perform the public function of sending | 11093 |
| notice by certified mail to the owner of any property at the time | 11094 |
| it is listed on the national register of historic places. The | 11095 |
| society shall accurately record all expenditures of such funds in | 11096 |
| conformity with generally accepted accounting principles. | 11097 |
| The auditor of state shall audit all funds and fiscal records | 11098 |
| of the society. | 11099 |
| The public functions to be performed by the Ohio historical | 11100 |
| society shall include all of the following: | 11101 |
| (A) Creating, supervising, operating, protecting, | 11102 |
| maintaining, and promoting for public use a system of state | 11103 |
| memorials, titles to which may reside wholly or in part with this | 11104 |
| state or wholly or in part with the society as provided in and in | 11105 |
| conformity to appropriate acts and resolves of the general | 11106 |
| assembly, and leasing for renewable periods of two years or less, | 11107 |
| with the advice and consent of the attorney general and the | 11108 |
| director of administrative services, lands and buildings owned by | 11109 |
| the state which are in the care, custody, and control of the | 11110 |
| society, all of which shall be maintained and kept for public use | 11111 |
| at reasonable hours; | 11112 |
| (B) Making alterations and improvements, marking, and | 11113 |
| constructing, reconstructing, protecting, or restoring structures, | 11114 |
| earthworks, and monuments in its care, and equipping such | 11115 |
| facilities with appropriate educational maintenance facilities; | 11116 |
| (C) Serving as the archives administration for the state and | 11117 |
| its political subdivisions as provided in sections 149.31 to | 11118 |
| 149.42 of the Revised Code; | 11119 |
| (D) Administering a state historical museum, to be the | 11120 |
| headquarters of the society and its principal museum and library, | 11121 |
| which shall be maintained and kept for public use at reasonable | 11122 |
| hours; | 11123 |
| (E) Establishing a marking system to identify all designated | 11124 |
| historic and archaeological sites within the state and marking or | 11125 |
| causing to be marked historic sites and communities considered by | 11126 |
| the society to be historically or archaeologically significant; | 11127 |
| (F) Publishing books, pamphlets, periodicals, and other | 11128 |
| publications about history, archaeology, and natural science and | 11129 |
| offering one copy of each regular periodical issue to all public | 11130 |
| libraries in this state at a reasonable price, which shall not | 11131 |
| exceed one hundred ten per cent more than the total cost of | 11132 |
| publication; | 11133 |
| (G) Engaging in research in history, archaeology, and natural | 11134 |
| science and providing historical information upon request to all | 11135 |
| state agencies; | 11136 |
| (H) Collecting, preserving, and making available by all | 11137 |
| appropriate means and under approved safeguards all manuscript, | 11138 |
| print, or near-print library collections and all historical | 11139 |
| objects, specimens, and artifacts which pertain to the history of | 11140 |
| Ohio and its people, including the following original documents: | 11141 |
| Ohio Constitution of 1802; Ohio Constitution of 1851; proposed | 11142 |
| Ohio Constitution of 1875; design and the letters of patent and | 11143 |
| assignment of patent for the state flag; S.J.R. 13 (1873); S.J.R. | 11144 |
| 53 (1875); S.J.R. 72 (1875); S.J.R. 50 (1883); H.J.R. 73 (1883); | 11145 |
| S.J.R. 28 (1885); H.J.R. 67 (1885); S.J.R. 17 (1902); S.J.R. 28 | 11146 |
| (1902); H.J.R. 39 (1902); S.J.R. 23 (1903); H.J.R. 19 (1904); | 11147 |
| S.J.R. 16 (1905); H.J.R. 41 (1913); H.J.R. 34 (1917); petition | 11148 |
| form (2) (1918); S.J.R. 6 (1921); H.J.R. 5 (1923); H.J.R. 40 | 11149 |
| (1923); H.J.R. 8 (1929); H.J.R. 20 (1929); S.J.R. 4 (1933); | 11150 |
| petition form (2) (1933); S.J.R. 57 (1936); petition form (1936); | 11151 |
| H.J.R. 14 (1942); H.J.R. 15 (1944); H.J.R. 8 (1944); S.J.R. 6 | 11152 |
| (1947); petition form (1947); H.J.R. 24 (1947); and H.J.R. 48 | 11153 |
| (1947); | 11154 |
| (I) Encouraging and promoting the organization and | 11155 |
| development of county and local historical societies; | 11156 |
| (J) Providing to Ohio schools such materials as the society | 11157 |
| may prepare to facilitate the instruction of Ohio history at a | 11158 |
| reasonable price, which shall not exceed one hundred ten per cent | 11159 |
| more than the total cost of preparation and delivery; | 11160 |
| (K) Providing advisory and technical assistance to local | 11161 |
| societies for the preservation and restoration of historic and | 11162 |
| archaeological sites; | 11163 |
| (L) Devising uniform criteria for the designation of historic | 11164 |
| and archaeological sites throughout the state and advising local | 11165 |
| historical societies of the criteria and their application; | 11166 |
| (M) Taking inventory, in cooperation with the Ohio arts | 11167 |
| council, the Ohio archaeological council, and the archaeological | 11168 |
| society of Ohio, of significant designated and undesignated state | 11169 |
| and local sites and keeping an active registry of all designated | 11170 |
| sites within the state; | 11171 |
| (N) Contracting with the owners or persons having an interest | 11172 |
| in designated historic or archaeological sites or property | 11173 |
| adjacent or contiguous to those sites, or acquiring, by purchase, | 11174 |
| gift, or devise, easements in those sites or in property adjacent | 11175 |
| or contiguous to those sites, in order to control or restrict the | 11176 |
| use of those historic or archaeological sites or adjacent or | 11177 |
| contiguous property for the purpose of restoring or preserving the | 11178 |
| historical or archaeological significance or educational value of | 11179 |
| those sites; | 11180 |
| (O) Constructing a monument honoring Governor James A. | 11181 |
| Rhodes, which shall stand on the northeast quadrant of the grounds | 11182 |
| surrounding the capitol building. The monument shall be | 11183 |
| constructed with private funds donated to the Ohio historical | 11184 |
| society and designated for this purpose. No public funds shall be | 11185 |
| expended to construct this monument. The department of | 11186 |
| administrative services shall cooperate with the Ohio historical | 11187 |
| society in carrying out this function and shall maintain the | 11188 |
| monument in a manner compatible with the grounds of the capitol | 11189 |
| building. | 11190 |
| (P) Commissioning a portrait of each departing governor, | 11191 |
| which shall be displayed in the capitol building. The Ohio | 11192 |
| historical society may accept private contributions designated for | 11193 |
| this purpose and, at the discretion of its board of trustees, also | 11194 |
| may apply for the same purpose funds appropriated by the general | 11195 |
| assembly to the society pursuant to this section. | 11196 |
| (Q) Planning and developing a center at the capitol building | 11197 |
| for the purpose of educating visitors about the history of Ohio, | 11198 |
| including its political, economic, and social development and the | 11199 |
| design and erection of the capitol building and its grounds. The | 11200 |
| Ohio historical society may accept contributions of private moneys | 11201 |
| and in-kind services designated for this purpose and may, at the | 11202 |
| discretion of its board of trustees, also apply, for the same | 11203 |
| purpose, personnel and other resources paid in whole or in part by | 11204 |
| its state subsidy. | 11205 |
| (R) Submitting an annual report of its activities, programs, | 11206 |
| and operations to the governor within two months after the close | 11207 |
| of each fiscal year of the state. | 11208 |
| The society shall not sell, mortgage, transfer, or dispose of | 11209 |
| historical or archaeological sites to which it has title and in | 11210 |
| which the state has monetary interest except by action of the | 11211 |
| general assembly. | 11212 |
| In consideration of the public functions performed by the | 11213 |
| Ohio historical society for the state, employees of the society | 11214 |
| shall be considered public employees within the meaning of section | 11215 |
| 145.01 of the Revised Code. | 11216 |
| Sec. 150.07. (A) For the purpose stated in section 150.01 of | 11217 |
| the Revised Code, the authority may authorize a lender to claim | 11218 |
| one of the tax credits allowed under section 5707.031, 5725.19, | 11219 |
| 5727.241, 5729.08, 5733.49, or 5747.80 of the Revised Code. The | 11220 |
| credits shall be authorized by a written contract with the lender. | 11221 |
| The contract shall specify the terms under which the lender may | 11222 |
| claim the credit, including the amount of loss, if any, the lender | 11223 |
| must incur before the lender may claim the credit; specify that | 11224 |
| the credit shall not exceed the amount of the loss; and specify | 11225 |
| that the lender may claim the credit only for a loss certified by | 11226 |
| a program administrator to the authority under the procedures | 11227 |
| prescribed under division (B)(6) of section 150.05 of the Revised | 11228 |
| Code. | 11229 |
| (B) Tax credits may be authorized at any time after the | 11230 |
| authority establishes the investment policy under section 150.03 | 11231 |
| of the Revised Code, but a tax credit so authorized may not be | 11232 |
| claimed until the beginning of the fifth year after the authority | 11233 |
| establishes the investment policy. A tax credit may not be claimed | 11234 |
| after June 30, 2026. | 11235 |
| (C) Upon receiving certification of a lender's loss from a | 11236 |
| program administrator pursuant to the procedures in the investment | 11237 |
| policy, the authority shall issue a tax credit certificate to the | 11238 |
| lender, except as otherwise provided in division (D) of this | 11239 |
| section. The authority shall not issue a certificate until the | 11240 |
| lender, in the manner prescribed by the authority, elects to | 11241 |
| receive a refundable or nonrefundable tax credit. The election, | 11242 |
| once made, is irrevocable. The certificate shall state the amount | 11243 |
| of the credit, whether the credit is refundable or nonrefundable, | 11244 |
| and the calendar year, under section 5707.031, 5725.19, 5727.241, | 11245 |
| or 5729.08, the tax year, under section 5733.49, or the taxable | 11246 |
| year under section 5747.80 of the Revised Code, for which the | 11247 |
| credit may be claimed. The authority, in conjunction with the tax | 11248 |
| commissioner, shall develop a system for issuing tax credit | 11249 |
| certificates for the purpose of verifying that any credit claimed | 11250 |
| is a credit issued under this section and is properly taken in the | 11251 |
| year specified in the certificate and in compliance with division | 11252 |
| (B) of this section. | 11253 |
| (D) The authority shall not, in any fiscal year, issue tax | 11254 |
| credit certificates in a total amount exceeding twenty million | 11255 |
| dollars. | 11256 |
| Sec. 150.10. (A) On the first day of January of the second | 11257 |
| year after the date of entering into an agreement under section | 11258 |
| 150.05 of the Revised Code and of each ensuing year, the authority | 11259 |
| shall file with the clerk of the house of representatives, the | 11260 |
| clerk of the senate, and the chairpersons of the house and senate | 11261 |
| standing committees predominantly concerned with economic | 11262 |
| development a written report on the Ohio venture capital program. | 11263 |
| The report shall include all the following: | 11264 |
| (1) A description of the details of the investment policy | 11265 |
| established or modified in accordance with sections 150.03 and | 11266 |
| 150.04 of the Revised Code; | 11267 |
| (2) The authority's assessment of the program's achievement | 11268 |
| of its purpose stated in section 150.01 of the Revised Code; | 11269 |
| (3) The value of tax credit certificates issued by the | 11270 |
| authority under section 150.07 of the Revised Code in each fiscal | 11271 |
| year ending on or before the preceding thirtieth day of June; | 11272 |
| (4) The amount of tax credits claimed pursuant to section | 11273 |
| 5707.031, 5725.19, 5727.241, 5729.08, 5733.49, or 5747.80 of the | 11274 |
| Revised Code, as to the respective taxes involved; | 11275 |
| (5) The financial status of the Ohio venture capital fund; | 11276 |
| (6) The names of venture capital funds in which money from | 11277 |
| the program fund has been invested and the locations of their | 11278 |
| principal offices, and the names of the enterprises in which each | 11279 |
| of those venture capital funds has invested such money and the | 11280 |
| locations of those enterprises' principal offices; | 11281 |
| (7) Any recommendations for modifying the program to better | 11282 |
| achieve the purpose stated in section 150.01 of the Revised Code. | 11283 |
| (B) During each year that a report is issued under division | 11284 |
| (A) of this section, the chairperson of the authority, or another | 11285 |
| member of the authority designated by the chairperson as the | 11286 |
| authority's representative, shall be required to appear in person | 11287 |
| before the standing committees of the house and senate | 11288 |
| predominantly concerned with economic development to give | 11289 |
| testimony concerning the status of the Ohio venture capital | 11290 |
| program. | 11291 |
| Sec. 153.02. (A) The director of administrative services may | 11292 |
| debar a contractor from contract awards for public improvements as | 11293 |
| referred to in section 153.01 of the Revised Code upon proof that | 11294 |
| the contractor has done any of the following: | 11295 |
| (1) Defaulted on a contract requiring the execution of a | 11296 |
| takeover agreement as set forth in division (B) of section 153.17 | 11297 |
| of the Revised Code; | 11298 |
| (2) Knowingly failed during the course of a contract to | 11299 |
| maintain the coverage required by the bureau of workers' | 11300 |
| compensation; | 11301 |
| (3) Knowingly failed during the course of a contract to | 11302 |
| maintain the contractor's drug-free workplace program as required | 11303 |
| by the contract; | 11304 |
| (4) Knowingly failed during the course of a contract to | 11305 |
| maintain insurance required by the contract or otherwise by law, | 11306 |
| resulting in a substantial loss to the owner, as owner is referred | 11307 |
| to in section 153.01 of the Revised Code; | 11308 |
| (5) Misrepresented the firm's qualifications in the selection | 11309 |
| process set forth in sections 153.65 to 153.71 of the Revised | 11310 |
| Code; | 11311 |
| (6) Been convicted of a criminal offense related to the | 11312 |
| application for or performance of any public or private contract, | 11313 |
| including, but not limited to, embezzlement, theft, forgery, | 11314 |
| bribery, falsification or destruction of records, receiving stolen | 11315 |
| property, and any other offense that directly reflects on the | 11316 |
| contractor's business integrity; | 11317 |
| (7) Been convicted of a criminal offense under state or | 11318 |
| federal antitrust laws; | 11319 |
| (8) Deliberately or willfully submitted false or misleading | 11320 |
| information in connection with the application for or performance | 11321 |
| of a public contract; | 11322 |
| (9) Been debarred from bidding on or participating in a | 11323 |
| contract with any state or federal agency. | 11324 |
| (B) When the director reasonably believes that grounds for | 11325 |
| debarment exist, the director shall send the contractor a notice | 11326 |
| of proposed debarment indicating the grounds for the proposed | 11327 |
| debarment and the procedure for requesting a hearing on the | 11328 |
| proposed debarment. The hearing shall be conducted in accordance | 11329 |
| with Chapter 119. of the Revised Code. If the contractor does not | 11330 |
| respond with a request for a hearing in the manner specified in | 11331 |
| Chapter 119. of the Revised Code, the director shall issue the | 11332 |
| debarment decision without a hearing and shall notify the | 11333 |
| contractor of the decision by certified mail, return receipt | 11334 |
| requested. | 11335 |
| (C) The director shall determine the length of the debarment | 11336 |
| period and may rescind the debarment at any time upon notification | 11337 |
| to the contractor. During the period of debarment, the contractor | 11338 |
| is not eligible to bid for or participate in any contract for a | 11339 |
| public improvement as referred to in section 153.01 of the Revised | 11340 |
| Code. After the debarment period expires, the contractor shall be | 11341 |
| eligible to bid for and participate in contracts for a public | 11342 |
| improvement as referred to in section 153.01 of the Revised Code. | 11343 |
| (D) The director, through the office of the state architect, | 11344 |
| shall maintain a list of all contractors currently debarred under | 11345 |
| this section. Any governmental entity awarding a contract for | 11346 |
| construction of a public improvement may use a contractor's | 11347 |
| presence on the debarment list to determine whether a contractor | 11348 |
| is responsible or best under section 9.312 or any other section of | 11349 |
| the Revised Code in the award of a contract. | 11350 |
| Sec. 173.26. (A) Each of the following facilities shall | 11351 |
| annually pay to the department of aging six dollars for each bed | 11352 |
| maintained by the facility for use by a resident during any part | 11353 |
| of the previous year: | 11354 |
| (1) Nursing homes, residential care facilities, and homes for | 11355 |
| the aging as defined in section 3721.01 of the Revised Code; | 11356 |
| (2) Facilities authorized to provide extended care services | 11357 |
| under Title XVIII of the "Social Security Act," 49 Stat. 620 | 11358 |
| (1935), 42 U.S.C. 301, as amended; | 11359 |
| (3) County homes and district homes operated pursuant to | 11360 |
| Chapter 5155. of the Revised Code; | 11361 |
| (4) Adult care facilities as defined in section 3722.01 of | 11362 |
| the Revised Code; | 11363 |
| (5) Facilities approved by the Veterans Administration under | 11364 |
| Section 104(a) of the "Veterans Health Care Amendments of 1983," | 11365 |
| 97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for | 11366 |
| the placement and care of veterans. | 11367 |
| The department shall, by rule adopted in accordance with | 11368 |
| Chapter 119. of the Revised Code, establish deadlines for payments | 11369 |
| required by this section. A facility that fails, within ninety | 11370 |
| days after the established deadline, to pay a payment required by | 11371 |
| this section shall be assessed at two times the original invoiced | 11372 |
| payment. | 11373 |
| (B) All money collected under this section shall be deposited | 11374 |
| in the state treasury to the credit of the office of the state | 11375 |
| long-term care ombudsperson program fund, which is hereby created. | 11376 |
| Money credited to the fund shall be used solely to pay the costs | 11377 |
| of operating the regional long-term care ombudsperson programs. | 11378 |
| (C) The state long-term care ombudsperson and the regional | 11379 |
| programs may solicit and receive contributions to support the | 11380 |
| operation of the office or a regional program, except that no | 11381 |
| contribution shall be solicited or accepted that would interfere | 11382 |
| with the independence or objectivity of the office or program. | 11383 |
| Sec. 173.39. As used in sections 173.39 to 173.393 of the | 11384 |
| Revised Code, "community-based long-term care services" has the | 11385 |
| same meaning as in section 173.14 of the Revised Code. | 11386 |
| Except as provided in section 173.392 of the Revised Code, | 11387 |
| the department of aging may not pay a person or government entity | 11388 |
| for providing community-based long-term care services under a | 11389 |
| program the department administers unless the person or government | 11390 |
| entity is certified under section 173.391 of the Revised Code and | 11391 |
| provides the services. | 11392 |
| Sec. 173.391. (A) The department of aging or its designee | 11393 |
| shall do all of the following in accordance with Chapter 119. of | 11394 |
| the Revised Code: | 11395 |
| (1) Certify a person or government entity to provide | 11396 |
| community-based long-term care services under a program the | 11397 |
| department administers if the person or government entity | 11398 |
| satisfies the requirements for certification established by rules | 11399 |
| adopted under division (B) of this section; | 11400 |
| (2) When required to do so by rules adopted under division | 11401 |
| (B) of this section, take one or more of the following | 11402 |
| disciplinary actions against a person or government entity issued | 11403 |
| a certificate under division (A)(1) of this section: | 11404 |
| (a) Issue a written warning; | 11405 |
| (b) Require the submission of a plan of correction; | 11406 |
| (c) Suspend referrals; | 11407 |
| (d) Remove clients; | 11408 |
| (e) Impose a fiscal sanction such as a civil monetary penalty | 11409 |
| or an order that unearned funds be repaid; | 11410 |
| (f) Revoke the certificate; | 11411 |
| (g) Impose another sanction. | 11412 |
| (3) Hold hearings when there is a dispute between the | 11413 |
| department or its designee and a person or government entity | 11414 |
| concerning actions the department or its designee takes or does | 11415 |
| not take under division (A)(1) or (2) of this section. | 11416 |
| (B) The director of aging shall adopt rules in accordance | 11417 |
| with Chapter 119. of the Revised Code establishing certification | 11418 |
| requirements and standards for determining which type of | 11419 |
| disciplinary action to take under division (A)(2) of this section | 11420 |
| in individual situations. The rules shall establish procedures for | 11421 |
| all of the following: | 11422 |
| (1) Ensuring that PASSPORT agencies, as defined in section | 11423 |
| 173.41 of the Revised Code, comply with that section; | 11424 |
| (2) Evaluating the services provided to ensure that they are | 11425 |
| provided in a quality manner advantageous to the individual | 11426 |
| receiving the services; | 11427 |
| (3) Determining when to take disciplinary action under | 11428 |
| division (A)(2) of this section and which disciplinary action to | 11429 |
| take. | 11430 |
| (C) The procedures established in rules adopted under | 11431 |
| division (B)(2) of this section shall require that all of the | 11432 |
| following be considered as part of an evaluation: | 11433 |
| (1) The service provider's experience and financial | 11434 |
| responsibility; | 11435 |
| (2) The service provider's ability to comply with standards | 11436 |
| for the community-based long-term care services that the provider | 11437 |
| provides under a program the department administers; | 11438 |
| (3) The service provider's ability to meet the needs of the | 11439 |
| individuals served; | 11440 |
| (4) Any other factor the director considers relevant. | 11441 |
| (D) The rules adopted under division (B)(3) of this section | 11442 |
| shall specify that the reasons disciplinary action may be taken | 11443 |
| under division (A)(2) of this section include good cause, | 11444 |
| including misfeasance, malfeasance, nonfeasance, confirmed abuse | 11445 |
| or neglect, financial irresponsibility, or other conduct the | 11446 |
| director determines is injurious to the health or safety of | 11447 |
| individuals being served. | 11448 |
| Sec. 173.392. (A) The department of aging may pay a person or | 11449 |
| government entity for providing community-based long-term care | 11450 |
| services under a program the department administers, even though | 11451 |
| the person or government entity is not certified under section | 11452 |
| 173.391 of the Revised Code if all of the following are the case: | 11453 |
| (1) The person or government entity has a contract with the | 11454 |
| department of aging or the department's designee to provide the | 11455 |
| services; | 11456 |
| (2) The contract includes detailed conditions of | 11457 |
| participation for providers of services under a program the | 11458 |
| department administers and service standards that the person or | 11459 |
| government entity is required to satisfy; | 11460 |
| (3) The person or government entity complies with the | 11461 |
| contract; | 11462 |
| (4) The contract is not for medicaid-funded services, other | 11463 |
| than services provided under the PACE program administered by the | 11464 |
| department of aging under section 173.50 of the Revised Code. | 11465 |
| (B) The director of aging shall adopt rules in accordance | 11466 |
| with Chapter 119. of the Revised Code governing both of the | 11467 |
| following: | 11468 |
| (1) Contracts between the department of aging and persons and | 11469 |
| government entities regarding community-based long-term care | 11470 |
| services provided under a program the department administers; | 11471 |
| (2) The department's payment for community-based long-term | 11472 |
| care services provided under such a contract. | 11473 |
| Sec. 173.393. (A) Except as provided in division (B) of this | 11474 |
| section, the records of an evaluation conducted in accordance with | 11475 |
| rules adopted under division (B)(2) of section 173.391 of the | 11476 |
| Revised Code are public records for purposes of section 149.43 of | 11477 |
| the Revised Code and shall be made available on request of any | 11478 |
| person, including individuals receiving or seeking community-based | 11479 |
| long-term care services under a program the department of aging | 11480 |
| administers. | 11481 |
| (B) A part of a record of an evaluation that is otherwise | 11482 |
| available as a public record under division (A) of this section is | 11483 |
| not available as a public record if its release would violate a | 11484 |
| federal or state statute, regulation, or rule, including | 11485 |
| regulations adopted by the United States department of health and | 11486 |
| human services to implement the health information privacy | 11487 |
| provisions of the "Health Insurance Portability and Accountability | 11488 |
| Act of 1996," 110 Stat. 1955, 42 U.S.C. 1320d, et seq., as | 11489 |
| amended. | 11490 |
| Sec. 173.40. There is hereby created a medicaid waiver | 11491 |
|
component | 11492 |
| as defined in section 5111.85 of the Revised Code, to be known as | 11493 |
| the preadmission screening system providing options and resources | 11494 |
| today program, or PASSPORT. The PASSPORT program shall provide | 11495 |
| home and community-based services as an alternative to nursing | 11496 |
| facility placement for aged and disabled medicaid recipients. The | 11497 |
| program shall be operated pursuant to a home and community-based | 11498 |
| waiver granted by the United States secretary of health and human | 11499 |
| services under section 1915 of the "Social Security Act," 49 Stat. | 11500 |
| 620 (1935), 42 U.S.C. 1396n, as amended. The department of aging | 11501 |
| shall administer the program through a contract entered into with | 11502 |
| the department of job and family services under section 5111.91 of | 11503 |
| the Revised
Code. The
| 11504 |
| family services shall adopt rules under section 5111.85 of the | 11505 |
| Revised Code and the director of aging shall adopt rules in | 11506 |
| accordance with Chapter 119. of the Revised Code to implement the | 11507 |
| program. | 11508 |
| | 11509 |
| 11510 | |
| this section: | 11511 |
| (1)
" | 11512 |
| 11513 | |
| 11514 | |
| 11515 | |
| 11516 | |
| 11517 | |
| private nonprofit entity designated under section 173.011 of the | 11518 |
| Revised Code to administer programs on behalf of the department of | 11519 |
| aging. | 11520 |
| (2) "Long-term care consultation" means the process used to | 11521 |
| provide services under the long-term care consultation program | 11522 |
| established pursuant to this section, including, but not limited | 11523 |
| to, such services as the provision of information about long-term | 11524 |
| care options and costs, the assessment of an individual's | 11525 |
| functional capabilities, and the conduct of all or part of the | 11526 |
| reviews, assessments, and determinations specified in sections | 11527 |
| 5111.202, 5111.204, 5119.061, and 5123.021 of the Revised Code and | 11528 |
| the rules adopted under those sections. | 11529 |
| (3) "Medicaid" means the medical assistance program | 11530 |
| established under Chapter 5111. of the Revised Code. | 11531 |
| | 11532 |
| 5111.20 of the Revised Code. | 11533 |
| | 11534 |
| 11535 | |
| applying for admission to a nursing facility, or residing in a | 11536 |
| nursing facility. A representative may be a family member, | 11537 |
| attorney, hospital social worker, or any other person chosen to | 11538 |
| act on behalf of | 11539 |
| | 11540 |
| 11541 |
| (B) | 11542 |
| 11543 | |
| 11544 | |
| 11545 | |
| 11546 | |
| 11547 | |
| 11548 | |
| 11549 |
| | 11550 |
| 11551 | |
| 11552 | |
| 11553 | |
| 11554 | |
| 11555 | |
| 11556 | |
| 11557 | |
| 11558 | |
| 11559 | |
| 11560 | |
| 11561 | |
| 11562 | |
| 11563 | |
| 11564 | |
| consultation program whereby individuals or their representatives | 11565 |
| are provided with long-term care consultations and receive through | 11566 |
| these professional consultations information about options | 11567 |
| available to meet long-term care needs and information about | 11568 |
| factors to consider in making long-term care decisions. The | 11569 |
| long-term care consultations provided under the program may be | 11570 |
| provided at any appropriate time, as permitted or required under | 11571 |
| this section and the rules adopted under it, including either | 11572 |
| prior to or after the individual who is the subject of a | 11573 |
| consultation has been admitted to a nursing facility. | 11574 |
| (C) The long-term care consultation program shall be | 11575 |
| administered by the department of aging, except that the | 11576 |
| department may enter into a contract with an area agency on aging | 11577 |
| or other entity selected by the department under which the program | 11578 |
| for a particular area is administered by the area agency on aging | 11579 |
| or other entity pursuant to the contract. | 11580 |
| (D) The long-term care consultations provided for purposes of | 11581 |
| the program shall be provided by individuals certified by the | 11582 |
| department under section | 11583 |
| 11584 | |
| 11585 | |
| 11586 | |
| 11587 | |
| 11588 | |
| 11589 | |
| 11590 | |
| 11591 | |
| 11592 | |
| 11593 | |
| 11594 | |
| 11595 | |
| 11596 | |
| 11597 |
| | 11598 |
| care consultation shall be appropriate to the individual's needs | 11599 |
| and situation and shall address all of the following: | 11600 |
| (1) The availability of any long-term care options open to | 11601 |
| the individual; | 11602 |
| (2) Sources and methods of both public and private payment | 11603 |
| for long-term care services; | 11604 |
| (3) Factors to consider when choosing among the available | 11605 |
| programs, services, and benefits; | 11606 |
| (4) Opportunities and methods for maximizing independence and | 11607 |
| self-reliance, including support services provided by the | 11608 |
| individual's family, friends, and community. | 11609 |
| (F) An individual's long-term care consultation may include | 11610 |
| an assessment of the individual's functional capabilities. The | 11611 |
| consultation may incorporate portions of the determinations | 11612 |
| required under sections 5111.202, 5119.061, and 5123.021 of the | 11613 |
| Revised Code and may be provided concurrently with the assessment | 11614 |
| required under section 5111.204 of the Revised Code. | 11615 |
| (G)(1) Unless an exemption specified in division (I) of this | 11616 |
| section is applicable, each individual in the following categories | 11617 |
| shall be provided with a long-term care consultation: | 11618 |
| (a) Individuals who apply or indicate an intention to apply | 11619 |
| for admission to a nursing facility, regardless of the source of | 11620 |
| payment to be used for their care in a nursing facility; | 11621 |
| (b) Nursing facility residents who apply or indicate an | 11622 |
| intention to apply for medicaid; | 11623 |
| (c) Nursing facility residents who are likely to spend down | 11624 |
| their resources within six months after admission to a nursing | 11625 |
| facility to a level at which they are financially eligible for | 11626 |
| medicaid; | 11627 |
| (d) Individuals who request a long-term care consultation. | 11628 |
| (2) In addition to the individuals included in the categories | 11629 |
| specified in division (G)(1) of this section, long-term care | 11630 |
| consultations may be provided to nursing facility residents who | 11631 |
| have not applied and have not indicated an intention to apply for | 11632 |
| medicaid. The purpose of the consultations provided to these | 11633 |
| individuals shall be to determine continued need for nursing | 11634 |
| facility services, to provide information on alternative services, | 11635 |
| and to make referrals to alternative services. | 11636 |
| (H)(1) When a long-term care consultation is required to be | 11637 |
| provided pursuant to division (G)(1) of this section, the | 11638 |
| consultation shall be provided as follows or pursuant to division | 11639 |
| (H)(2) or (3) of this section: | 11640 |
| (a) If the individual for whom the consultation is being | 11641 |
| provided has applied for medicaid and the consultation is being | 11642 |
| provided concurrently with the assessment required under section | 11643 |
| 5111.204 of the Revised Code, the consultation shall be completed | 11644 |
| in accordance with the applicable time frames specified in that | 11645 |
| section for providing a level of care determination based on the | 11646 |
| assessment. | 11647 |
| (b) In all other cases, the consultation shall be provided | 11648 |
| not later than five calendar days after the department or the | 11649 |
| program administrator under contract with the department receives | 11650 |
| notice of the reason for which the consultation is required to be | 11651 |
| provided pursuant to division (G)(1) of this section. | 11652 |
| (2) An individual or the individual's representative may | 11653 |
| request that a long-term care consultation be provided on a date | 11654 |
| that is later than the date required under division (H)(1)(a) or | 11655 |
| (b) of this section. | 11656 |
| (3) If a long-term care consultation cannot be completed | 11657 |
| within the number of days required by division (H)(1) or (2) of | 11658 |
| this section, the department or the program administrator under | 11659 |
| contract with the department may do any of the following: | 11660 |
| (a) Exempt the individual from the consultation pursuant to | 11661 |
| rules that may be adopted under division (L) of this section; | 11662 |
| (b) In the case of an applicant for admission to a nursing | 11663 |
| facility, provide the consultation after the individual is | 11664 |
| admitted to the nursing facility; | 11665 |
| (c) In the case of a resident of a nursing facility, provide | 11666 |
| the consultation as soon as practicable. | 11667 |
| (I) An individual is not required to be | 11668 |
| long-term care consultation under | 11669 |
| any of the following apply: | 11670 |
| (1) The | 11671 |
| representative chooses to forego participation in the consultation | 11672 |
| pursuant to criteria specified | 11673 |
| 11674 |
| (2) The | 11675 |
| facility under a contract for continuing care as defined in | 11676 |
| section 173.13
of the
Revised Code | 11677 |
| (3) The | 11678 |
| admission to a nursing facility operated as part of a system of | 11679 |
| continuing care in conjunction with one or more facilities that | 11680 |
| provide a less intensive level of services, including a | 11681 |
| residential care facility licensed under Chapter 3721. of the | 11682 |
| Revised Code, an | 11683 |
| Chapter 3722. of the Revised Code, or an independent living | 11684 |
| arrangement; | 11685 |
| (4) The | 11686 |
| home for the aged exempt from taxation under section 5701.13 of | 11687 |
| the Revised Code; | 11688 |
| (5) The | 11689 |
| 11690 | |
| 11691 | |
| 11692 | |
| 11693 | |
| admission to a facility that is not a nursing facility with a | 11694 |
| provider agreement under section 5111.22 of the Revised Code; | 11695 |
| (6) The | 11696 |
| nursing
facility | 11697 |
| 11698 | |
| 11699 | |
| 11700 | |
| 11701 | |
| 11702 |
| (7) The | 11703 |
| facility
following
a period of hospitalization | 11704 |
| 11705 | |
| 11706 | |
| 11707 | |
| 11708 |
| (8) The | 11709 |
| 11710 | |
| 11711 | |
| 11712 | |
| the long-term care consultation requirement by the department or | 11713 |
| the program administrator pursuant to rules that may be adopted | 11714 |
| under division (L) of this section. | 11715 |
| | 11716 |
| 11717 | |
| 11718 | |
| 11719 |
| | 11720 |
| 11721 | |
| 11722 | |
| 11723 |
| | 11724 |
| 11725 | |
| 11726 | |
| 11727 | |
| 11728 |
| | 11729 |
| 11730 | |
| 11731 | |
| 11732 |
| | 11733 |
| 11734 | |
| 11735 | |
| 11736 | |
| 11737 | |
| 11738 |
| | 11739 |
| 11740 | |
| 11741 | |
| 11742 | |
| 11743 |
| | 11744 |
| long-term care consultation, the department or the program | 11745 |
| administrator under contract with the department shall provide the | 11746 |
| individual or individual's representative with a written summary | 11747 |
| of options and resources available to meet the individual's needs. | 11748 |
| Even though the summary may specify that a source of long-term | 11749 |
| care other than care in a nursing facility is appropriate and | 11750 |
| available, the individual is not required to seek an alternative | 11751 |
| source of long-term care and may be admitted to or continue to | 11752 |
| reside in
a nursing facility | 11753 |
| 11754 | |
| 11755 | |
| 11756 |
| | 11757 |
| provider agreement | 11758 |
| the Revised Code shall
admit
or retain any | 11759 |
| 11760 | |
| 11761 | |
| nursing facility has received
evidence that a | 11762 |
| 11763 | |
| individual or division (I) of this section is applicable to the | 11764 |
| individual. | 11765 |
| | 11766 |
| may adopt
any rules | 11767 |
| 11768 | |
| for the implementation and administration of this section. The | 11769 |
| rules shall | 11770 |
| the Revised Code and may specify any or all of the following: | 11771 |
| (1) | 11772 |
| 11773 | |
| 11774 |
| | 11775 |
| 11776 |
| | 11777 |
| 11778 | |
| 11779 |
| | 11780 |
| 11781 |
| | 11782 |
| 11783 | |
| 11784 |
| | 11785 |
| 11786 | |
| 11787 |
| | 11788 |
| 11789 | |
| 11790 |
| | 11791 |
| 11792 |
| | 11793 |
| 11794 | |
| Procedures for providing long-term care consultations pursuant to | 11795 |
| this section; | 11796 |
| (2) Information to be provided through long-term care | 11797 |
| consultations regarding long-term care services that are | 11798 |
| available; | 11799 |
| (3) Criteria under which an individual or the individual's | 11800 |
| representative may choose to forego participation in a long-term | 11801 |
| care consultation; | 11802 |
| (4) Criteria for exempting individuals from the long-term | 11803 |
| care consultation requirement; | 11804 |
| (5) Circumstances under which it may be appropriate to | 11805 |
| provide an individual's long-term care consultation after the | 11806 |
| individual's admission to a nursing facility rather than before | 11807 |
| admission; | 11808 |
| (6) Criteria for identifying nursing facility residents who | 11809 |
| would benefit from the provision of a long-term care consultation. | 11810 |
| | 11811 |
| a nursing facility an amount determined by rules the director | 11812 |
| shall
adopt
in accordance with Chapter 119. of the Revised Code | 11813 |
| 11814 |
| | 11815 |
| 11816 | |
| 11817 |
| | 11818 |
| individual, without evidence that a
| 11819 |
| long-term care consultation has been | 11820 |
| 11821 | |
| 11822 |
| | 11823 |
| of the Revised Code, all fines collected under this division shall | 11824 |
| be deposited into the state treasury to the credit of the | 11825 |
| residents protection fund | 11826 |
| 11827 |
| | 11828 |
| 11829 | |
| 11830 | |
| 11831 | |
| 11832 | |
| established by rule to
| 11833 |
| care consultations for purposes of section | 11834 |
| 173.42 of the Revised Code.
The director of | 11835 |
| 11836 | |
| of the Revised Code governing the certification process and | 11837 |
| requirements. The rules shall specify the education, experience, | 11838 |
| or training in | 11839 |
| qualify for certification. | 11840 |
| Sec. 173.44. (A) As used in this section, "nursing home" and | 11841 |
| "residential care facility" have the same meanings as in section | 11842 |
| 3721.01 of the Revised Code. | 11843 |
| (B) The department of aging may conduct an annual survey of | 11844 |
| nursing homes and residential care facilities. The survey shall | 11845 |
| include questions about capacity, occupancy, and private pay | 11846 |
| charges. The department may contract with an outside entity to | 11847 |
| conduct the survey and analyze the results. The results of the | 11848 |
| survey and any analysis completed by the department or its | 11849 |
| designee shall be made available to the general assembly, other | 11850 |
| state agencies, nursing home and residential care facility | 11851 |
| providers, and the general public. | 11852 |
| (C) No nursing home or residential care facility shall | 11853 |
| recklessly fail to complete the survey. | 11854 |
| Sec. 173.45. As used in this section and in sections 173.46 | 11855 |
| to 173.49 of the Revised Code: | 11856 |
| (A) "Long-term care facility" means a nursing home or | 11857 |
| residential care facility. | 11858 |
| (B) "Nursing home" and "residential care facility" have the | 11859 |
| same meanings as in section 3721.01 of the Revised Code. | 11860 |
| (C) "Nursing facility" has the same meaning as in section | 11861 |
| 5111.20 of the Revised Code. | 11862 |
| Sec. 173.46. (A) The department of aging shall develop and | 11863 |
| publish a guide to long-term care facilities for use by | 11864 |
| individuals considering long-term care facility admission and | 11865 |
| their families, friends, and advisors. The guide, which shall be | 11866 |
| titled the Ohio long-term care consumer guide, may be published in | 11867 |
| printed form or in electronic form for distribution over the | 11868 |
| internet. The guide may be developed as a continuation or | 11869 |
| modification of the guide published by the department prior to the | 11870 |
| effective date of this section under rules adopted under section | 11871 |
| 173.02 of the Revised Code. | 11872 |
| (B) The Ohio long-term care consumer guide shall include | 11873 |
| information on each long-term care facility in this state. For | 11874 |
| each facility, the guide shall include the following information, | 11875 |
| as applicable to the facility: | 11876 |
| (1) Information regarding the facility's compliance with | 11877 |
| state statutes and rules and federal statutes and regulations; | 11878 |
| (2) Information generated by the centers for medicare and | 11879 |
| medicaid services of the United States department of health and | 11880 |
| human services from the quality measures developed as part of its | 11881 |
| nursing home quality initiative; | 11882 |
| (3) Results of the customer satisfaction surveys conducted | 11883 |
| under section 173.47 of the Revised Code; | 11884 |
| (4) Any other information the department specifies in rules | 11885 |
| adopted under section 173.49 of the Revised Code. | 11886 |
| Sec. 173.47. (A) For purposes of publishing the Ohio | 11887 |
| long-term care consumer guide, the department of aging shall | 11888 |
| conduct or provide for the conduct of an annual customer | 11889 |
| satisfaction survey of each long-term care facility. The results | 11890 |
| of the surveys may include information obtained from long-term | 11891 |
| care facility residents, their families, or both. | 11892 |
| (B)(1) The department may charge fees for the conduct of | 11893 |
| annual customer satisfaction surveys. The department may contract | 11894 |
| with any person or government entity to collect the fees on its | 11895 |
| behalf. All fees collected under this section shall be deposited | 11896 |
| in accordance with section 173.48 of the Revised Code. | 11897 |
| (2) The fees charged under this section shall not exceed the | 11898 |
| following amounts: | 11899 |
| (a) Four hundred dollars for the customer satisfaction survey | 11900 |
| of a long-term care facility that is a nursing home; | 11901 |
| (b) Three hundred dollars for the customer satisfaction | 11902 |
| survey pertaining to a long-term care facility that is a | 11903 |
| residential care facility. | 11904 |
| (3) Fees paid by a long-term care facility that is a nursing | 11905 |
| facility shall be reimbursed through the medicaid program operated | 11906 |
| under Chapter 5111. of the Revised Code. | 11907 |
| (C) Each long-term care facility shall cooperate in the | 11908 |
| conduct of its annual customer satisfaction survey. | 11909 |
| Sec. 173.48. There is hereby created in the state treasury | 11910 |
| the long-term care consumer guide fund. Money collected from the | 11911 |
| fees charged for the conduct of customer satisfaction surveys | 11912 |
| under section 173.47 of the Revised Code shall be credited to the | 11913 |
| fund. The department of aging shall use money in the fund for | 11914 |
| costs associated with publishing the Ohio long-term care consumer | 11915 |
| guide, including, but not limited to, costs incurred in conducting | 11916 |
| or providing for the conduct of customer satisfaction surveys. | 11917 |
| Sec. 173.49. The department of aging shall adopt rules as the | 11918 |
| department considers necessary to implement and administer | 11919 |
| sections 173.45 to 173.48 of the Revised Code. The rules shall be | 11920 |
| adopted under Chapter 119. of the Revised Code. | 11921 |
| Sec. 173.50. (A) Pursuant to a contract entered into with the | 11922 |
| department of job and family services as an interagency agreement | 11923 |
| under section 5111.91 of the Revised Code, the department of aging | 11924 |
| shall carry out the day-to-day administration of the component of | 11925 |
| the medicaid program established under Chapter 5111. of the | 11926 |
| Revised Code known as the program of all-inclusive care for the | 11927 |
| elderly or PACE. The department of aging shall carry out its PACE | 11928 |
| administrative duties in accordance with the provisions of the | 11929 |
| interagency agreement and all applicable federal laws, including | 11930 |
| the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396u-4, | 11931 |
| as amended. | 11932 |
| (B) The department of aging may adopt rules in accordance | 11933 |
| with Chapter 119. of the Revised Code regarding the PACE program, | 11934 |
| subject to both of the following: | 11935 |
| (1) The rules shall be authorized by rules adopted by the | 11936 |
| department of job and family services. | 11937 |
| (2) The rules shall address only those issues that are not | 11938 |
| addressed in rules adopted by the department of job and family | 11939 |
| services for the PACE program. | 11940 |
| Sec. 173.99. (A) A long-term care provider, person employed | 11941 |
| by a long-term care provider, other entity, or employee of such | 11942 |
| other entity that violates division (C) of section 173.24 of the | 11943 |
| Revised Code is subject to a fine not to exceed one thousand | 11944 |
| dollars for each violation. | 11945 |
| (B) Whoever violates division (C) of section 173.23 of the | 11946 |
| Revised Code is guilty of registering a false complaint, a | 11947 |
| misdemeanor of the first degree. | 11948 |
| (C) A long-term care provider, other entity, or person | 11949 |
| employed by a long-term care provider or other entity that | 11950 |
| violates division (E) of section 173.19 of the Revised Code by | 11951 |
| denying a representative of the office of the state long-term care | 11952 |
| ombudsperson program the access required by that division is | 11953 |
| subject to a fine not to exceed five hundred dollars for each | 11954 |
| violation. | 11955 |
| (D) Whoever violates division (C) of section 173.44 of the | 11956 |
| Revised Code is subject to a fine of one hundred dollars. | 11957 |
| Sec. 183.28. The education technology trust fund is hereby | 11958 |
| created in the state treasury. Money credited to the fund shall be | 11959 |
| used to pay costs of
the eTech Ohio | 11960 |
|
section
| 11961 |
| earnings of the fund shall be credited to the fund. | 11962 |
| Sec. 184.02. (A) The third frontier commission may perform | 11963 |
| any act to ensure the performance of any function necessary or | 11964 |
| appropriate to carry out the purposes of, and exercise the powers | 11965 |
| granted under, sections 184.01 and 184.02 of the Revised Code. In | 11966 |
| addition, the commission may do any of the following: | 11967 |
| (1) Adopt, amend, and rescind rules under section 111.15 of | 11968 |
| the Revised Code for the administration of any aspect of its | 11969 |
| operations; | 11970 |
| (2) Adopt bylaws governing its operations, including bylaws | 11971 |
| that establish procedures and set policies as may be necessary to | 11972 |
| assist with the furtherance of its purposes; | 11973 |
| (3) Appoint and set the compensation of employees needed to | 11974 |
| carry out its duties; | 11975 |
| (4) Contract with, retain the services of, or designate, and | 11976 |
| fix the compensation of, such financial consultants, accountants, | 11977 |
| other consultants and advisors, and other independent contractors | 11978 |
| as may be necessary or desirable to carry out its duties; | 11979 |
| (5) Solicit input and comments from the third frontier | 11980 |
| advisory board, and specialized industry, professional, and other | 11981 |
| relevant interest groups concerning its purposes; | 11982 |
| (6) Facilitate alignment of the state's science and | 11983 |
| technology programs and activities; | 11984 |
| (7) Make grants and loans to individuals, public agencies, | 11985 |
| private companies or organizations, or joint ventures for any of | 11986 |
| the broad range of activities related to its purposes. | 11987 |
| (B) The commission shall do all of the following: | 11988 |
| (1) Establish a competitive process for the award of grants | 11989 |
| and loans that is designed to fund the most meritorious proposals | 11990 |
| and, when appropriate, provide for peer review of proposals; | 11991 |
| (2) Within ninety days after the end of each fiscal year, | 11992 |
| submit to the governor and the general assembly a report of the | 11993 |
| activities of the commission during the preceding fiscal year; | 11994 |
| (3) With specific application to the biomedical research and | 11995 |
| technology transfer trust fund, periodically make strategic | 11996 |
| assessments of the types of state investments in biomedical | 11997 |
| research and biotechnology in the state that would likely create | 11998 |
| jobs and business opportunities in the state and produce the most | 11999 |
|
beneficial long-term improvements to the public health of
| 12000 |
| Ohioans, including, but not limited to, biomedical research and | 12001 |
| biotechnology initiatives that address tobacco-related illnesses | 12002 |
| as may be outlined in any master agreement. The commission shall | 12003 |
| award grants and loans from the fund pursuant to a process | 12004 |
| established under division (B)(1) of this section. | 12005 |
| (C) Notwithstanding the authority granted to the commission | 12006 |
| under sections 184.01 to 184.04 of the Revised Code, the | 12007 |
| commission shall not make any grants or loans to individuals, | 12008 |
| public agencies, private companies or organizations, or joint | 12009 |
| ventures for any activities involving stem cell research with | 12010 |
| embryonic tissue unless the stem cell research involves embryonic | 12011 |
| stem cells listed on the "Human Embryonic Stem Cell Registry" | 12012 |
| created by the national institutes of health in the United States | 12013 |
| department of health and human services in accordance with | 12014 |
| presidential criteria established on August 9, 2001. | 12015 |
| Sec. 305.171. (A) The board of county commissioners of any | 12016 |
| county may contract for, purchase, or otherwise procure and pay | 12017 |
| all or any part of the cost of group insurance policies that may | 12018 |
| provide benefits including, but not limited to, hospitalization, | 12019 |
| surgical care, major medical care, disability, dental care, eye | 12020 |
| care, medical care, hearing aids, or prescription drugs, and that | 12021 |
| may provide sickness and accident insurance, group legal services, | 12022 |
| or group life insurance, or a combination of any of the foregoing | 12023 |
| types of insurance or coverage, for county officers and employees | 12024 |
| and their immediate dependents from the funds or budgets from | 12025 |
| which the county officers or employees are compensated for | 12026 |
| services, issued by an insurance company. | 12027 |
| (B) The board of county commissioners also may negotiate and | 12028 |
| contract for any plan or plans of health care services with health | 12029 |
| insuring corporations holding a certificate of authority under | 12030 |
| Chapter 1751. of the Revised Code, provided that each county | 12031 |
| officer or employee shall be permitted to do both of the | 12032 |
| following: | 12033 |
| (1) Exercise an option between a plan offered by an insurance | 12034 |
| company and | 12035 |
| corporations under this division, on the condition that the county | 12036 |
| officer or employee shall pay any amount by which the cost of the | 12037 |
| plan chosen by | 12038 |
| this division exceeds the cost of the plan offered under division | 12039 |
| (A) of this section; | 12040 |
| (2) Change from one of the plans to another at a time each | 12041 |
| year as determined by the board. | 12042 |
| (C) Section 307.86 of the Revised Code does not apply to the | 12043 |
| purchase of benefits for county officers or employees under | 12044 |
| divisions (A) and (B) of this section when those benefits are | 12045 |
| provided through a jointly administered health and welfare trust | 12046 |
| fund in which the county or contracting authority and a collective | 12047 |
| bargaining representative of the county employees or contracting | 12048 |
| authority agree to participate. | 12049 |
| (D) The board of trustees of a jointly administered trust | 12050 |
| fund that receives contributions pursuant to collective bargaining | 12051 |
| agreements entered into between the board of county commissioners | 12052 |
| of any county and a collective bargaining representative of the | 12053 |
| employees of the county may provide for self-insurance of all risk | 12054 |
| in the provision of fringe benefits, and may provide through the | 12055 |
| self-insurance method specific fringe benefits as authorized by | 12056 |
| the rules of the board of trustees of the jointly administered | 12057 |
| trust fund. The fringe benefits may include, but are not limited | 12058 |
| to, hospitalization, surgical care, major medical care, | 12059 |
| disability, dental care, vision care, medical care, hearing aids, | 12060 |
| prescription drugs, group life insurance, sickness and accident | 12061 |
| insurance, group legal services, or a combination of any of the | 12062 |
| foregoing types of insurance or coverage, for county employees and | 12063 |
| their dependents. | 12064 |
| (E) The board of county commissioners may provide the | 12065 |
| benefits described in divisions (A) to (D) of this section through | 12066 |
| an individual self-insurance program or a joint self-insurance | 12067 |
| program as provided in section 9.833 of the Revised Code. | 12068 |
| (F) When a board of county commissioners offers health | 12069 |
| benefits authorized
under this section to | 12070 |
| employee | 12071 |
| cafeteria plan meeting the requirements of section 125 of the | 12072 |
| "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 125, | 12073 |
| as amended, and, as part of that plan, may offer the county | 12074 |
| officer or employee the option of receiving a cash payment in any | 12075 |
| form permissible under such cafeteria plans. A cash payment made | 12076 |
| to | 12077 |
| exceed twenty-five per cent of the cost of premiums or payments | 12078 |
| that otherwise would be paid by the board for benefits for the | 12079 |
| county officer or employee under a policy or plan. | 12080 |
| (G) The board of county commissioners may establish a policy | 12081 |
| authorizing any county appointing authority to make a cash payment | 12082 |
| to any county officer or employee in lieu of providing a benefit | 12083 |
| authorized under this section if the county officer or employee | 12084 |
| elects to take the cash payment instead of the offered benefit. A | 12085 |
|
cash payment made to | 12086 |
| division shall not exceed twenty-five per cent of the cost of | 12087 |
| premiums or payments that otherwise would be paid by the board for | 12088 |
| benefits for the county officer or employee under an offered | 12089 |
| policy or plan. | 12090 |
| (H) No cash payment in lieu of a health benefit shall be made | 12091 |
| to a county officer or employee under division (F) or (G) of this | 12092 |
| section unless the county officer or employee signs a statement | 12093 |
| affirming that the county officer or employee is covered under | 12094 |
| another health insurance or health care policy, contract, or plan, | 12095 |
| and setting forth the name of the employer, if any, that sponsors | 12096 |
| the coverage, the name of the carrier that provides the coverage, | 12097 |
| and the identifying number of the policy, contract, or plan. | 12098 |
| (I) | 12099 |
| | 12100 |
| 12101 | |
| 12102 |
| | 12103 |
| 12104 |
| | 12105 |
| court, after consultation with the judges, or the clerk and deputy | 12106 |
| clerks, of the municipal court, shall negotiate and contract for, | 12107 |
| purchase, or otherwise procure, and pay the costs, premiums, or | 12108 |
| charges for, group health care coverage for the judges, and group | 12109 |
| health care coverage for the clerk and deputy clerks, in | 12110 |
| accordance with section 1901.111 or 1901.312 of the Revised Code. | 12111 |
| (J) As used in this section: | 12112 |
| (1) "County officer or employee" includes, but is not limited | 12113 |
| to, a member or employee of the county board of elections. | 12114 |
| (2) "County-operated municipal court" and "legislative | 12115 |
| authority" have the same meanings as in section 1901.03 of the | 12116 |
| Revised Code. | 12117 |
| (3) "Health care coverage" has the same meaning as in section | 12118 |
| 1901.111 of the Revised Code. | 12119 |
| Sec. 306.331. Notwithstanding section 306.33 of the Revised | 12120 |
| Code, the board of trustees of any regional transit authority | 12121 |
| created by one county and two municipal corporations, with the | 12122 |
| county having a population of at least five hundred thousand | 12123 |
| according to the most recent federal census, shall be appointed | 12124 |
| and governed as provided in this section. | 12125 |
| The board of trustees of such a regional transit authority | 12126 |
| shall consist of nine members, six of whom shall be appointed by | 12127 |
| the board of county commissioners, two of whom shall be appointed | 12128 |
| by the most populous municipal corporation that is included in the | 12129 |
| regional transit authority, and one of whom shall be appointed by | 12130 |
| the second most populous municipal corporation in the county, | 12131 |
| regardless of whether the second most populous municipal | 12132 |
| corporation in the county is a member of the regional transit | 12133 |
| authority. A trustee appointed under this section shall serve at | 12134 |
| the pleasure of the appointing authority. | 12135 |
| The trustees of any authority first appointed under this | 12136 |
| section shall serve staggered terms. Thereafter each successor | 12137 |
| shall serve a term of three years, except that any person | 12138 |
| appointed to fill a vacancy shall be appointed to only the | 12139 |
| unexpired term. The resolutions or ordinances creating the | 12140 |
| regional transit authority may determine whether an appointed | 12141 |
| trustee is eligible for reappointment. | 12142 |
| A majority of the board of trustees constitutes a quorum, the | 12143 |
| affirmative vote of which is necessary for any action taken by the | 12144 |
| authority. No vacancy in the board shall impair the rights of a | 12145 |
| quorum to exercise all rights and perform all the duties of the | 12146 |
| authority. | 12147 |
| Each member of the board of trustees, before entering upon | 12148 |
| the trustee's official duties, shall take and subscribe to an oath | 12149 |
| or affirmation that the trustee will honestly, faithfully, and | 12150 |
| impartially perform the duties of office and that the trustee will | 12151 |
| not be personally interested directly or indirectly in any | 12152 |
| contract let by the regional transit authority. | 12153 |
| After each member of the board has taken the oath as | 12154 |
| prescribed by this section, the board shall meet and organize by | 12155 |
| electing one of its members as president and another as | 12156 |
| vice-president, who shall hold their respective offices until the | 12157 |
| next annual meeting of the board as provided in its bylaws. At | 12158 |
| each annual meeting thereafter, the board shall elect from its | 12159 |
| membership a president and a vice-president who shall serve for a | 12160 |
| term of one year. The board shall hold regular and special | 12161 |
| meetings in a time, place, and manner established in its bylaws, | 12162 |
| provided that all meetings shall be open to the public except | 12163 |
| executive sessions as set forth in section 122.22 of the Revised | 12164 |
| Code. | 12165 |
| The board shall appoint and fix the compensation of a | 12166 |
| secretary-treasurer, who shall be the fiscal officer. The | 12167 |
| secretary-treasurer shall not be a member of the board and shall | 12168 |
| serve at the pleasure of the board. Each member of the board of | 12169 |
| trustees is entitled to receive from the regional transit | 12170 |
| authority reimbursement for reasonable expenses in the performance | 12171 |
| of the trustee's duties. | 12172 |
| Sec. 307.37. (A) As used in division (B)(3) of this section, | 12173 |
| "proposed new construction" means a proposal to erect, construct, | 12174 |
| repair, alter, redevelop, or maintain a single-family, two-family, | 12175 |
| or three-family dwelling or any structure that is regulated by the | 12176 |
| Ohio building code. | 12177 |
| (B)(1)(a) The board of county commissioners may adopt local | 12178 |
| residential building regulations governing residential buildings | 12179 |
| as defined in section 3781.06 of the Revised Code, to be enforced | 12180 |
| within the unincorporated area of the county or within districts | 12181 |
| the board establishes in any part of the unincorporated area. No | 12182 |
| local residential building regulation shall differ from the state | 12183 |
| residential building code the board of building standards | 12184 |
| establishes pursuant to Chapter 3781. of the Revised Code unless | 12185 |
| the regulation addresses subject matter not addressed by the state | 12186 |
| residential building code or is adopted pursuant to section | 12187 |
| 3781.01 of the Revised Code. | 12188 |
| (b) The board of county commissioners may, by resolution, | 12189 |
| adopt, administer, and enforce within the unincorporated area of | 12190 |
| the county, or within districts the board establishes in the | 12191 |
| unincorporated area, an existing structures code pertaining to the | 12192 |
| repair and continued maintenance of structures and the premises of | 12193 |
| those structures provided that the existing structures code | 12194 |
| governs subject matter not addressed by, and is not in conflict | 12195 |
| with, the state residential building code adopted pursuant to | 12196 |
| Chapter 3781. of the Revised Code. The board may adopt by | 12197 |
| 12198 | |
| prepared and promulgated by the state, any agency of this state, | 12199 |
| or any private organization that publishes a recognized or | 12200 |
| standard existing structures code. | 12201 |
| (c) The board shall assign the duties of administering and | 12202 |
| enforcing any local residential building regulations or existing | 12203 |
| structures code to a county officer or employee who is trained and | 12204 |
| qualified for those duties and shall establish by resolution the | 12205 |
| minimum qualifications necessary to perform those duties. | 12206 |
| (2) The board may adopt regulations for participation in the | 12207 |
| national flood insurance program established in the "Flood | 12208 |
| Disaster Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002, | 12209 |
| as amended, and regulations adopted for the purposes of section | 12210 |
| 1506.04 or 1506.07 of the Revised Code governing the prohibition, | 12211 |
| location, erection, construction, redevelopment, or floodproofing | 12212 |
| of new buildings or structures, substantial improvements to | 12213 |
| existing buildings or structures, or other development in | 12214 |
| unincorporated territory within flood hazard areas identified | 12215 |
| under the "Flood Disaster Protection Act of 1973," 87 Stat. 975, | 12216 |
| 42 U.S.C.A. 4002, as amended, or within Lake Erie coastal erosion | 12217 |
| areas identified under section 1506.06 of the Revised Code, | 12218 |
| including, but not limited to, residential, commercial, | 12219 |
| institutional, or industrial buildings or structures or other | 12220 |
| permanent structures, as defined in section 1506.01 of the Revised | 12221 |
| Code. Rules adopted under division (B)(2) of this section shall | 12222 |
| not conflict with the state residential and nonresidential | 12223 |
| building codes adopted pursuant to section 3781.10 of the Revised | 12224 |
| Code. | 12225 |
| (3)(a) A board may adopt regulations that provide for a | 12226 |
| review of the specific effects of a proposed new construction on | 12227 |
| existing surface or subsurface drainage. The regulations may | 12228 |
| require reasonable drainage mitigation and reasonable alteration | 12229 |
| of a proposed new construction before a building permit is issued | 12230 |
| in order to prevent or correct any adverse effects that the | 12231 |
| proposed new construction may have on existing surface or | 12232 |
| subsurface drainage. The regulations shall not be inconsistent | 12233 |
| with, more stringent than, or broader in scope than standards | 12234 |
| adopted by the natural resource conservation service in the United | 12235 |
| States department of agriculture concerning drainage or rules | 12236 |
| adopted by the environmental protection agency for reducing, | 12237 |
| controlling, or mitigating storm water runoff from construction | 12238 |
| sites, where applicable. The regulations shall allow a person who | 12239 |
| is registered under Chapter 4703. or 4733. of the Revised Code to | 12240 |
| prepare and submit relevant plans and other documents for review, | 12241 |
| provided that the person is authorized to prepare the plans and | 12242 |
| other documents pursuant to the person's registration. | 12243 |
| (b) If regulations are adopted under division (B)(3) of this | 12244 |
| section, the board shall specify in the regulations a procedure | 12245 |
| for the review of the specific effects of a proposed new | 12246 |
| construction on existing surface or subsurface drainage. The | 12247 |
| procedure shall include at a minimum all of the following: | 12248 |
| (i) A meeting at which the proposed new construction shall be | 12249 |
| examined for those specific effects. The meeting shall be held | 12250 |
| within thirty days after an application for a building permit is | 12251 |
| filed or a review is requested unless the applicant agrees in | 12252 |
| writing to extend that time period or to postpone the meeting to | 12253 |
| another date, time, or place. The meeting shall be scheduled | 12254 |
| within five days after an application for a building permit is | 12255 |
| filed or a review is requested. | 12256 |
| (ii) Written notice of the date, time, and place of that | 12257 |
| meeting, sent by regular mail to the applicant. The written notice | 12258 |
| shall be mailed at least seven days before the scheduled meeting | 12259 |
| date. | 12260 |
| (iii) Completion of the review by the board of county | 12261 |
| commissioners not later than thirty days after the application for | 12262 |
| a building permit is filed or a review is requested unless the | 12263 |
| applicant has agreed in writing to extend that time period or | 12264 |
| postpone the meeting to a later time, in which case the review | 12265 |
| shall be completed not later than two days after the date of the | 12266 |
| meeting. A complete review shall include the issuance of any order | 12267 |
| of the board of county commissioners regarding necessary | 12268 |
| reasonable drainage mitigation and necessary reasonable | 12269 |
| alterations to the proposed new construction to prevent or correct | 12270 |
| any adverse effects on existing surface or subsurface drainage so | 12271 |
| long as those alterations comply with the state residential and | 12272 |
| nonresidential building codes adopted pursuant to section 3781.10 | 12273 |
| of the Revised Code. If the review is not completed within the | 12274 |
| thirty-day period or an extended or postponed period that the | 12275 |
| applicant has agreed to, the proposed new construction shall be | 12276 |
| deemed to have no adverse effects on existing surface or | 12277 |
| subsurface drainage, and those effects shall not be a valid basis | 12278 |
| for the denial of a building permit. | 12279 |
| (iv) A written statement, provided to the applicant at the | 12280 |
| meeting or in an order for alterations to a proposed new | 12281 |
| construction, informing the applicant of the right to seek | 12282 |
| appellate review of the denial of a building permit under division | 12283 |
| (B)(3)(b)(iii) of this section by filing a petition in accordance | 12284 |
| with Chapter 2506. of the Revised Code. | 12285 |
| (c) The regulations may authorize the board, after obtaining | 12286 |
| the advice of the county engineer, to enter into an agreement with | 12287 |
| the county engineer or another qualified person or entity to carry | 12288 |
| out any necessary inspections and make evaluations about what, if | 12289 |
| any, alterations are necessary to prevent or correct any adverse | 12290 |
| effects that a proposed new construction may have on existing | 12291 |
| surface or subsurface drainage. | 12292 |
| (d) Regulations adopted pursuant to division (B)(3) of this | 12293 |
| section shall not apply to any property that a platting authority | 12294 |
| has approved under section 711.05, 711.09, or 711.10 of the | 12295 |
| Revised Code and shall not govern the same subject matter as the | 12296 |
| state residential or nonresidential building codes adopted | 12297 |
| pursuant to section 3781.10 of the Revised Code. | 12298 |
| (e) As used in division (B)(3) of this section, "subsurface | 12299 |
| drainage" does not include a household sewage treatment system as | 12300 |
| defined in section 3709.091 of the Revised Code. | 12301 |
| (C)(1) Any regulation, code, or amendment may be adopted | 12302 |
| under this section only after a public hearing at not fewer than | 12303 |
| two regular or special sessions of the board. The board shall | 12304 |
| cause notice of any public hearing to be published in a newspaper | 12305 |
| of general circulation in the county once a week for the two | 12306 |
| consecutive weeks immediately preceding the hearing, except that | 12307 |
| if the board posts the hearing notice on the board's internet site | 12308 |
| on the world wide web, the board need publish only one notice of | 12309 |
| the hearing in a newspaper of general circulation if that | 12310 |
| newspaper notice includes the board's internet site and a | 12311 |
| statement that the notice is also posted on the internet site. Any | 12312 |
| notice of a public hearing shall include the time, date, and place | 12313 |
| of the hearing. | 12314 |
| (2) Any proposed regulation, code, or amendment shall be made | 12315 |
| available to the public at the board office. The regulations or | 12316 |
| amendments shall take effect on the thirty-first day following the | 12317 |
| date of their adoption. | 12318 |
| (D)(1) No person shall violate any regulation, code, or | 12319 |
| amendment the board adopts under sections 307.37 to 307.40 of the | 12320 |
| Revised Code. | 12321 |
| (2) Each day during which an illegal location, erection, | 12322 |
| construction, floodproofing, repair, alteration, development, | 12323 |
| redevelopment, or maintenance continues may be considered a | 12324 |
| separate offense. | 12325 |
| (E) Regulations or amendments the board adopts pursuant to | 12326 |
| this section, with the exception of an existing structures code, | 12327 |
| do not affect buildings or structures that exist or on which | 12328 |
| construction has begun on or before the date the board adopts the | 12329 |
| regulation or amendment. | 12330 |
| (F)(1) The board may create a building department and employ | 12331 |
| the personnel it determines necessary to administer and enforce | 12332 |
| any local residential building regulations or existing structures | 12333 |
| code the board adopts pursuant to this section. The building | 12334 |
| department may enforce the state residential and nonresidential | 12335 |
| building codes adopted pursuant to Chapter 3781. of the Revised | 12336 |
| Code if the building department is certified pursuant to section | 12337 |
| 3781.10 of the Revised Code to enforce those codes. | 12338 |
| (2) The board may direct the building department, upon | 12339 |
| certification, to exercise enforcement authority and to accept and | 12340 |
| approve plans pursuant to sections 3781.03 and 3791.04 of the | 12341 |
| Revised Code for the class of building for which the department | 12342 |
| and personnel are certified. | 12343 |
| Sec. 307.695. (A) As used in this section | 12344 |
| (1) "Convention center" means any structure expressly | 12345 |
| designed and constructed for the purposes of presenting | 12346 |
| conventions, public meetings, and exhibitions and includes parking | 12347 |
| facilities that serve the center and any personal property used in | 12348 |
| connection with any such structure or facilities. | 12349 |
| (2) "Community improvement corporation" means a corporation | 12350 |
| not for profit organized under Chapter 1724. of the Revised Code. | 12351 |
| (B) A board of county commissioners may enter into an | 12352 |
| agreement with a convention and visitors' bureau or a community | 12353 |
| improvement corporation operating in the county under which: | 12354 |
| (1) The bureau or corporation agrees to construct and equip a | 12355 |
| convention center in the county and to pledge and contribute from | 12356 |
| the tax revenues received by it under division (A) of section | 12357 |
|
5739.09 of
the Revised Code | 12358 |
| 12359 | |
| contribute for the purpose described in division (C) of this | 12360 |
| section; and | 12361 |
| (2) The board agrees to levy a tax under division (C) of | 12362 |
| section 5739.09 of the Revised Code and pledge and contribute the | 12363 |
|
revenues | 12364 |
| division (C) of this section. | 12365 |
| (C) The purpose of the pledges and contributions described in | 12366 |
| divisions (B)(1) and (2) of this section is payment of principal, | 12367 |
| interest, and premium, if any, on bonds and notes issued by or for | 12368 |
| the benefit of the convention and visitors' bureau or community | 12369 |
| improvement corporation to finance the construction and equipping | 12370 |
| of a convention center. The pledges and contributions provided for | 12371 |
| in the agreement under division (B) of this section shall be for | 12372 |
| the period stated in the agreement, but not to exceed thirty | 12373 |
| years. Revenues determined from time to time by the board to be | 12374 |
| needed to cover the real and actual costs of administering the tax | 12375 |
| imposed by division (C) of section 5739.09 of the Revised Code may | 12376 |
| not be pledged or contributed. The agreement under division (B) of | 12377 |
| this section shall provide that any such bonds and notes shall be | 12378 |
| secured by a trust agreement between the bureau or corporation, or | 12379 |
| other issuer acting for the benefit of the bureau or corporation, | 12380 |
| and a corporate trustee that is a trust company or bank having the | 12381 |
| powers of a trust company within or without the state, and the | 12382 |
| trust agreement shall pledge or assign to the retirement of the | 12383 |
| bonds or notes, all moneys paid by the county under this section. | 12384 |
| A tax the revenues from which are pledged under an agreement | 12385 |
|
entered into | 12386 |
| of this section shall not be subject to diminution by initiative | 12387 |
| or referendum, or diminution by statute, unless provision is made | 12388 |
| therein for an adequate substitute therefor reasonably | 12389 |
| satisfactory to the trustee under the trust agreement that secures | 12390 |
| the bonds and notes. | 12391 |
| (D) A pledge of money by a county under division (B) of this | 12392 |
| section shall not be indebtedness of the county for purposes of | 12393 |
| Chapter 133. of the Revised Code. | 12394 |
| (E) If the terms of the agreement under division (B) of this | 12395 |
| section so provide, the board of county commissioners may acquire | 12396 |
| and lease real property to the convention and visitors' bureau or | 12397 |
| community improvement corporation as the site of the convention | 12398 |
| center. The lease shall be for a term not to exceed thirty years | 12399 |
| and shall be
on
| 12400 |
| The purchase and lease are not subject to the limitations of | 12401 |
| sections 307.02 and 307.09 of the Revised Code. | 12402 |
| (F) In addition to the authority granted to a board of county | 12403 |
| commissioners under divisions (B) to (E) of this section, a board | 12404 |
| of county commissioners in a county with a population of six | 12405 |
| hundred thousand or more may establish and provide local funding | 12406 |
| options for constructing and equipping a convention center. | 12407 |
| Sec. 307.76. (A) The board of county commissioners may | 12408 |
| maintain and operate a zoological park, or it may contract with or | 12409 |
| contribute to any nonprofit corporation that is organized to | 12410 |
| encourage the study of and promote the sciences of natural | 12411 |
| history, to maintain and operate a zoological park, to develop | 12412 |
| 12413 | |
| and care of the animals
to be exhibited | 12414 |
| (B) A board of county commissioners may maintain and operate | 12415 |
| a facility to encourage the study of and promote the sciences, | 12416 |
| including, but not limited to, natural history, or it may contract | 12417 |
| with or contribute to any nonprofit corporation that is organized | 12418 |
| to encourage the study of and promote the sciences, to maintain | 12419 |
| and operate such a facility. | 12420 |
| Sec. 307.86. Anything to be purchased, leased, leased with | 12421 |
| an option or agreement to purchase, or constructed, including, but | 12422 |
| not limited to, any product, structure, construction, | 12423 |
| reconstruction, improvement, maintenance, repair, or service, | 12424 |
| except the services of an accountant, architect, attorney at law, | 12425 |
| physician, professional engineer, construction project manager, | 12426 |
| consultant, surveyor, or appraiser, by or on behalf of the county | 12427 |
| or contracting authority, as defined in section 307.92 of the | 12428 |
| Revised Code, at a cost in excess of twenty-five thousand dollars, | 12429 |
| except as otherwise provided in division (D) of section 713.23 and | 12430 |
| in sections 125.04, 125.60 to 125.6012, 307.022, 307.041, 307.861, | 12431 |
| 339.05, 340.03, 340.033, 4115.31 to 4115.35, 5119.16, 5513.01, | 12432 |
| 5543.19, 5713.01, and 6137.05 of the Revised Code, shall be | 12433 |
| obtained through competitive bidding. However, competitive bidding | 12434 |
| is not required when any of the following applies: | 12435 |
| (A) The board of county commissioners, by a unanimous vote of | 12436 |
| its members, makes a determination that a real and present | 12437 |
| emergency exists, and that determination and the reasons for it | 12438 |
| are entered in the minutes of the proceedings of the board, when | 12439 |
| either of the following applies: | 12440 |
| (1) The estimated cost is less than fifty thousand dollars. | 12441 |
| (2) There is actual physical disaster to structures, radio | 12442 |
| communications equipment, or computers. | 12443 |
| For purposes of this division, "unanimous vote" means all | 12444 |
| three members of a board of county commissioners when all three | 12445 |
| members are present, or two members of the board if only two | 12446 |
| members, constituting a quorum, are present. | 12447 |
| Whenever a contract of purchase, lease, or construction is | 12448 |
| exempted from competitive bidding under division (A)(1) of this | 12449 |
| section because the estimated cost is less than fifty thousand | 12450 |
| dollars, but the estimated cost is twenty-five thousand dollars or | 12451 |
| more, the county or contracting authority shall solicit informal | 12452 |
| estimates from no fewer than three persons who could perform the | 12453 |
| contract, before awarding the contract. With regard to each such | 12454 |
| contract, the county or contracting authority shall maintain a | 12455 |
| record of such estimates, including the name of each person from | 12456 |
| whom an estimate is solicited. The county or contracting authority | 12457 |
| shall maintain the record for the longer of at least one year | 12458 |
| after the contract is awarded or the amount of time the federal | 12459 |
| government requires. | 12460 |
| (B)(1) The purchase consists of supplies or a replacement or | 12461 |
| supplemental part or parts for a product or equipment owned or | 12462 |
| leased by the county, and the only source of supply for the | 12463 |
| supplies, part, or parts is limited to a single supplier. | 12464 |
| (2) The purchase consists of services related to information | 12465 |
| technology, such as programming services, that are proprietary or | 12466 |
| limited to a single source. | 12467 |
| (C) The purchase is from the federal government, the state, | 12468 |
| another county or contracting authority of another county, or a | 12469 |
| board of education, township, or municipal corporation. | 12470 |
| (D) The purchase is made by a county department of job and | 12471 |
| family services under section 329.04 of the Revised Code and | 12472 |
| consists of family services duties or workforce development | 12473 |
| activities or is made by a county board of mental retardation and | 12474 |
| developmental disabilities under section 5126.05 of the Revised | 12475 |
| Code and consists of program services, such as direct and | 12476 |
| ancillary client services, child care, case management services, | 12477 |
| residential services, and family resource services. | 12478 |
| (E) The purchase consists of criminal justice services, | 12479 |
| social services programs, family services, or workforce | 12480 |
| development activities by the board of county commissioners from | 12481 |
| nonprofit corporations or associations under programs funded by | 12482 |
| the federal government or by state grants. | 12483 |
| (F) The purchase consists of any form of an insurance policy | 12484 |
| or contract authorized to be issued under Title XXXIX of the | 12485 |
| Revised Code or any form of health care plan authorized to be | 12486 |
| issued under Chapter 1751. of the Revised Code, or any combination | 12487 |
| of such policies, contracts, or plans that the contracting | 12488 |
| authority is authorized to purchase, and the contracting authority | 12489 |
| does all of the following: | 12490 |
| (1) Determines that compliance with the requirements of this | 12491 |
| section would increase, rather than decrease, the cost of the | 12492 |
| purchase; | 12493 |
| (2) Employs a competent consultant to assist the contracting | 12494 |
| authority in procuring appropriate coverages at the best and | 12495 |
| lowest prices; | 12496 |
| (3) Requests issuers of the policies, contracts, or plans to | 12497 |
| submit proposals to the contracting authority, in a form | 12498 |
| prescribed by the contracting authority, setting forth the | 12499 |
| coverage and cost of the policies, contracts, or plans as the | 12500 |
| contracting authority desires to purchase; | 12501 |
| (4) Negotiates with the issuers for the purpose of purchasing | 12502 |
| the policies, contracts, or plans at the best and lowest price | 12503 |
| reasonably possible. | 12504 |
| (G) The purchase consists of computer hardware, software, or | 12505 |
| consulting services that are necessary to implement a computerized | 12506 |
| case management automation project administered by the Ohio | 12507 |
| prosecuting attorneys association and funded by a grant from the | 12508 |
| federal government. | 12509 |
| (H) Child care services are purchased for provision to county | 12510 |
| employees. | 12511 |
| (I)(1) Property, including land, buildings, and other real | 12512 |
| property, is leased for offices, storage, parking, or other | 12513 |
| purposes, and all of the following apply: | 12514 |
| (a) The contracting authority is authorized by the Revised | 12515 |
| Code to lease the property. | 12516 |
| (b) The contracting authority develops requests for proposals | 12517 |
| for leasing the property, specifying the criteria that will be | 12518 |
| considered prior to leasing the property, including the desired | 12519 |
| size and geographic location of the property. | 12520 |
| (c) The contracting authority receives responses from | 12521 |
| prospective lessors with property meeting the criteria specified | 12522 |
| in the requests for proposals by giving notice in a manner | 12523 |
| substantially similar to the procedures established for giving | 12524 |
| notice under section 307.87 of the Revised Code. | 12525 |
| (d) The contracting authority negotiates with the prospective | 12526 |
| lessors to obtain a lease at the best and lowest price reasonably | 12527 |
| possible considering the fair market value of the property and any | 12528 |
| relocation and operational costs that may be incurred during the | 12529 |
| period the lease is in effect. | 12530 |
| (2) The contracting authority may use the services of a real | 12531 |
| estate appraiser to obtain advice, consultations, or other | 12532 |
| recommendations regarding the lease of property under this | 12533 |
| division. | 12534 |
| (J) The purchase is made pursuant to section 5139.34 or | 12535 |
| sections 5139.41 to 5139.46 of the Revised Code and is of programs | 12536 |
| or services that provide case management, treatment, or prevention | 12537 |
| services to any felony or misdemeanant delinquent, unruly youth, | 12538 |
| or status offender under the supervision of the juvenile court, | 12539 |
| including, but not limited to, community residential care, day | 12540 |
| treatment, services to children in their home, or electronic | 12541 |
| monitoring. | 12542 |
| (K) The purchase is made by a public children services agency | 12543 |
| pursuant to section 307.92 or 5153.16 of the Revised Code and | 12544 |
| consists of family services, programs, or ancillary services that | 12545 |
| provide case management, prevention, or treatment services for | 12546 |
| children at risk of being or alleged to be abused, neglected, or | 12547 |
| dependent children. | 12548 |
| (L) The purchase is to obtain the services of emergency | 12549 |
| medical service organizations under a contract made by the board | 12550 |
| of county commissioners pursuant to section 307.05 of the Revised | 12551 |
| Code with a joint emergency medical services district. | 12552 |
| Any issuer of policies, contracts, or plans listed in | 12553 |
| division (F) of this section and any prospective lessor under | 12554 |
| division (I) of this section may have the issuer's or prospective | 12555 |
| lessor's name and address, or the name and address of an agent, | 12556 |
| placed on a special notification list to be kept by the | 12557 |
| contracting authority, by sending the contracting authority that | 12558 |
| name and address. The contracting authority shall send notice to | 12559 |
| all persons listed on the special notification list. Notices shall | 12560 |
| state the deadline and place for submitting proposals. The | 12561 |
| contracting authority shall mail the notices at least six weeks | 12562 |
| prior to the deadline set by the contracting authority for | 12563 |
| submitting proposals. Every five years the contracting authority | 12564 |
| may review this list and remove any person from the list after | 12565 |
| mailing the person notification of that action. | 12566 |
| Any contracting authority that negotiates a contract under | 12567 |
| division (F) of this section shall request proposals and | 12568 |
| renegotiate with issuers in accordance with that division at least | 12569 |
| every three years from the date of the signing of such a contract. | 12570 |
| Any consultant employed pursuant to division (F) of this | 12571 |
| section and any real estate appraiser employed pursuant to | 12572 |
| division (I) of this section shall disclose any fees or | 12573 |
| compensation received from any source in connection with that | 12574 |
| employment. | 12575 |
| Sec. 307.88. (A) Bids submitted pursuant to sections 307.86 | 12576 |
| to 307.92 of the Revised Code shall be in a form prescribed by the | 12577 |
| contracting authority and filed in a sealed envelope at the time | 12578 |
| and place mentioned in the | 12579 |
| shall be opened and tabulated at the time stated in the notice. | 12580 |
| Each bid shall contain the full name of each person submitting the | 12581 |
| bid. | 12582 |
| 12583 | |
| for a contract for the construction, demolition, alteration, | 12584 |
| repair, or reconstruction of an improvement, it shall meet the | 12585 |
| requirements of section 153.54 of the Revised Code. If the bid is | 12586 |
| in excess of | 12587 |
| contract authorized by sections 307.86 to 307.92 of the Revised | 12588 |
| Code, it shall be accompanied by a bond or certified check, | 12589 |
| cashier's check, or money order on a solvent bank or savings and | 12590 |
| loan association in a reasonable amount stated in the | 12591 |
| 12592 | |
| conditioned that | 12593 |
| accepted, shall execute a contract in conformity to the invitation | 12594 |
| and | 12595 |
| (B) The board of county commissioners | 12596 |
| vote of the entire board, may permit a contracting authority to | 12597 |
| exempt a bid from any or all of the requirements of section 153.54 | 12598 |
| of the Revised Code if the estimated cost is | 12599 |
| thousand dollars or less. If the board exempts a bid from any but | 12600 |
| not all of | 12601 |
| the newspaper pursuant to section 307.87 of the Revised Code shall | 12602 |
| state the specific bid guaranty requirements that apply. If the | 12603 |
| board exempts a bid from all requirements of section 153.54 of the | 12604 |
| Revised Code, the notice shall state that none of the requirements | 12605 |
| of that section apply. | 12606 |
| Sec. 317.08. (A) Except as provided in divisions (C) and (D) | 12607 |
| of this section, the county recorder shall keep six separate sets | 12608 |
| of records as follows: | 12609 |
| (1) A record of deeds, in which shall be recorded all deeds | 12610 |
| and other instruments of writing for the absolute and | 12611 |
| unconditional sale or conveyance of lands, tenements, and | 12612 |
| hereditaments; all notices as provided in sections 5301.47 to | 12613 |
| 5301.56 of the Revised Code; all judgments or decrees in actions | 12614 |
| brought under section 5303.01 of the Revised Code; all | 12615 |
| declarations and bylaws, and all amendments to declarations and | 12616 |
| bylaws, as provided in Chapter 5311. of the Revised Code; | 12617 |
| affidavits as provided in section 5301.252 of the Revised Code; | 12618 |
| all certificates as provided in section 5311.17 of the Revised | 12619 |
| Code; all articles dedicating archaeological preserves accepted by | 12620 |
| the director of the Ohio historical society under section 149.52 | 12621 |
| of the Revised Code; all articles dedicating nature preserves | 12622 |
| accepted by the director of natural resources under section | 12623 |
| 1517.05 of the Revised Code; all agreements for the registration | 12624 |
| of lands as archaeological or historic landmarks under section | 12625 |
| 149.51 or 149.55 of the Revised Code; all conveyances of | 12626 |
| conservation easements and agricultural easements under section | 12627 |
| 5301.68 of the Revised Code; all instruments extinguishing | 12628 |
| agricultural easements under section 901.21 or 5301.691 of the | 12629 |
| Revised Code or pursuant to terms of such an easement granted to a | 12630 |
| charitable organization under section 5301.68 of the Revised Code; | 12631 |
| all instruments or orders described in division (B)(1)(c)(ii) of | 12632 |
| section 5301.56 of the Revised Code; all no further action letters | 12633 |
| issued under section 122.654 or 3746.11 of the Revised Code; all | 12634 |
| covenants not to sue issued under section 3746.12 of the Revised | 12635 |
| Code, including all covenants not to sue issued pursuant to | 12636 |
| section 122.654 of the Revised Code; any restrictions on the use | 12637 |
| of property contained in a no further action letter issued under | 12638 |
| section 122.654 of the Revised Code, any restrictions on the use | 12639 |
| of property identified pursuant to division (C)(3)(a) of section | 12640 |
| 3746.10 of the Revised Code, and any restrictions on the use of | 12641 |
| property contained in a deed or other instrument as provided in | 12642 |
| division (E) or (F) of section 3737.882 of the Revised Code; any | 12643 |
| easement executed or granted under section 3734.22, 3734.24, | 12644 |
| 3734.25, or 3734.26 of the Revised Code; any environmental | 12645 |
| covenant entered into in accordance with sections 5301.80 to | 12646 |
| 5301.92 of the Revised Code; all memoranda of trust, as described | 12647 |
| in division (A) of section 5301.255 of the Revised Code, that | 12648 |
| describe specific real property; and all agreements entered into | 12649 |
| under division (A) of section 1521.26 of the Revised Code; | 12650 |
| (2) A record of mortgages, in which shall be recorded all of | 12651 |
| the following: | 12652 |
| (a) All mortgages, including amendments, supplements, | 12653 |
| modifications, and extensions of mortgages, or other instruments | 12654 |
| of writing by which lands, tenements, or hereditaments are or may | 12655 |
| be mortgaged or otherwise conditionally sold, conveyed, affected, | 12656 |
| or encumbered; | 12657 |
| (b) All executory installment contracts for the sale of land | 12658 |
| executed after September 29, 1961, that by their terms are not | 12659 |
| required to be fully performed by one or more of the parties to | 12660 |
| them within one year of the date of the contracts; | 12661 |
| (c) All options to purchase real estate, including | 12662 |
| supplements, modifications, and amendments of the options, but no | 12663 |
| option of that nature shall be recorded if it does not state a | 12664 |
| specific day and year of expiration of its validity; | 12665 |
| (d) Any tax certificate sold under section 5721.33 of the | 12666 |
| Revised Code, or memorandum of it, that is presented for filing of | 12667 |
| record. | 12668 |
| (3) A record of powers of attorney, including all memoranda | 12669 |
| of trust, as described in division (A) of section 5301.255 of the | 12670 |
| Revised Code, that do not describe specific real property; | 12671 |
| (4) A record of plats, in which shall be recorded all plats | 12672 |
| and maps of town lots, of the subdivision of town lots, and of | 12673 |
| other divisions or surveys of lands, any center line survey of a | 12674 |
| highway located within the county, the plat of which shall be | 12675 |
| furnished by the director of transportation or county engineer, | 12676 |
| and all drawings and amendments to drawings, as provided in | 12677 |
| Chapter 5311. of the Revised Code; | 12678 |
| (5) A record of leases, in which shall be recorded all | 12679 |
| leases, memoranda of leases, and supplements, modifications, and | 12680 |
| amendments of leases and memoranda of leases; | 12681 |
| (6) A record of declarations executed pursuant to section | 12682 |
| 2133.02 of the Revised Code and durable powers of attorney for | 12683 |
| health care executed pursuant to section 1337.12 of the Revised | 12684 |
| Code. | 12685 |
| (B) All instruments or memoranda of instruments entitled to | 12686 |
| record shall be recorded in the proper record in the order in | 12687 |
| which they are presented for record. The recorder may index, keep, | 12688 |
| and record in one volume unemployment compensation liens, internal | 12689 |
| revenue tax liens and other liens in favor of the United States as | 12690 |
| described in division (A) of section 317.09 of the Revised Code, | 12691 |
| personal tax liens, mechanic's liens, agricultural product liens, | 12692 |
| notices of liens, certificates of satisfaction or partial release | 12693 |
| of estate tax liens, discharges of recognizances, excise and | 12694 |
| franchise tax liens on corporations, broker's liens, and liens | 12695 |
|
provided for in sections 1513.33, 1513.37, 3752.13,
| 12696 |
| 5111.022, and 5311.18 of the Revised Code. | 12697 |
| The recording of an option to purchase real estate, including | 12698 |
| any supplement, modification, and amendment of the option, under | 12699 |
| this section shall serve as notice to any purchaser of an interest | 12700 |
| in the real estate covered by the option only during the period of | 12701 |
| the validity of the option as stated in the option. | 12702 |
| (C) In lieu of keeping the six separate sets of records | 12703 |
| required in divisions (A)(1) to (6) of this section and the | 12704 |
| records required in division (D) of this section, a county | 12705 |
| recorder may record all the instruments required to be recorded by | 12706 |
| this section in two separate sets of record books. One set shall | 12707 |
| be called the "official records" and shall contain the instruments | 12708 |
| listed in divisions (A)(1), (2), (3), (5), and (6) and (D) of this | 12709 |
| section. The second set of records shall contain the instruments | 12710 |
| listed in division (A)(4) of this section. | 12711 |
| (D) Except as provided in division (C) of this section, the | 12712 |
| county recorder shall keep a separate set of records containing | 12713 |
| all corrupt activity lien notices filed with the recorder pursuant | 12714 |
| to section 2923.36 of the Revised Code and a separate set of | 12715 |
| records containing all medicaid fraud lien notices filed with the | 12716 |
| recorder pursuant to section 2933.75 of the Revised Code. | 12717 |
| Sec. 317.36. (A) The county recorder shall collect the low- | 12718 |
| and moderate-income housing trust fund fee as specified in | 12719 |
| sections 317.32, 1563.42, 1702.59, 2505.13, 4141.23, 4509.60, | 12720 |
| 12721 | |
| 6101.09, and 6115.09 of the Revised Code. The amount of any | 12722 |
| housing trust fund fee the recorder is authorized to collect is | 12723 |
| equal to the amount of any base fee the recorder is authorized to | 12724 |
| collect for services. The housing trust fund fee shall be | 12725 |
| collected in addition to the base fee. | 12726 |
| (B) The recorder shall certify the amounts collected as | 12727 |
| housing trust fund fees pursuant to division (A) of this section | 12728 |
| into the county treasury as housing trust fund fees to be paid to | 12729 |
| the treasurer of state pursuant to section 319.63 of the Revised | 12730 |
| Code. | 12731 |
| Sec. 319.20. After complying with sections 319.202, 315.251, | 12732 |
| and 319.203 of the Revised Code, and on application and | 12733 |
| presentation of title, with the affidavits required by law, or the | 12734 |
| proper order of a court, bearing the last known address of the | 12735 |
| grantee, or of any one of the grantees named in the title, and a | 12736 |
| reference to the volume and page of the recording of the next | 12737 |
| preceding recorded instrument by or through which the grantor | 12738 |
| claims title, the county auditor shall transfer any land or town | 12739 |
| lot or part thereof, minerals therein, or mineral rights thereto, | 12740 |
| charged with taxes on the tax list, from the name in which it | 12741 |
| stands into the name of the owner, when rendered necessary by a | 12742 |
| conveyance, partition, devise, descent, or otherwise. If by reason | 12743 |
| of the conveyance or otherwise, a part only of a tract or lot, | 12744 |
| minerals therein, or mineral rights thereto, as charged in the tax | 12745 |
| list, is to be transferred, the auditor shall determine the tax | 12746 |
| value of the part of a tract or lot of real estate, minerals | 12747 |
| therein, or mineral rights thereto, so transferred, and the value | 12748 |
| of the remaining part compared with the value of the whole. | 12749 |
| Whenever a part only of a tract or lot of real estate has | 12750 |
|
been transferred by the auditor and | 12751 |
| unpaid taxes, penalties, interest, or special assessments, the | 12752 |
| unpaid taxes, penalties, interest, or special assessments shall | 12753 |
| immediately be apportioned, upon demand or request by the | 12754 |
| transferee or remaining owner, in the following manner: | 12755 |
| (A) The auditor shall allocate to the part so transferred, | 12756 |
| and to the remaining part, amounts of any current or delinquent | 12757 |
| taxes, interest, or penalties that have accrued against the parcel | 12758 |
| as a whole, proportionate to their respective values. | 12759 |
| (B) The lien of taxes, penalties, interest, and special | 12760 |
| assessments, as levied against the original tract, shall extend to | 12761 |
| the part so transferred and the part remaining only to the extent | 12762 |
| of the amounts so allocated to the respective parts. | 12763 |
| This section does not change the total amount of taxes, | 12764 |
| special assessments, or other charges as originally levied, or the | 12765 |
| total amount of the balance due. The auditor shall certify such | 12766 |
| apportionments to the county treasurer. | 12767 |
| Whenever the state acquires an entire parcel or a part only | 12768 |
| of a parcel of real property in fee simple, the county auditor, | 12769 |
| upon application of the grantor or property owner or the state, | 12770 |
| which application shall contain a description of the property as | 12771 |
| it appears on the tax list and the date of transfer of ownership, | 12772 |
|
shall prepare an estimate of the taxes that are a lien on | 12773 |
| property, but have not been determined, assessed, and levied for | 12774 |
| the year in which the property was acquired. The county auditor | 12775 |
|
shall thereupon apportion | 12776 |
| between the grantor and the state for the period of the lien year | 12777 |
| that each had or shall have had ownership or possession of the | 12778 |
| property, whichever is earlier. The county treasurer shall accept | 12779 |
| payment from the state for estimated taxes at the time that the | 12780 |
| real property is acquired. If the state has paid in full in the | 12781 |
| year in which the property is acquired that proportion of the | 12782 |
| estimated taxes that the tax commissioner determines are not | 12783 |
| subject to remission by the county auditor for such year under | 12784 |
| division (C) of section 5713.08 of the Revised Code, the estimated | 12785 |
| taxes paid shall be considered the tax liability on the exempted | 12786 |
| property for that year. | 12787 |
| Section 319.42 of the Revised Code applies to the | 12788 |
| apportionment of special assessments. | 12789 |
| Complaint against such values as determined by the auditor or | 12790 |
| the allocation of assessments by the certifying authority may be | 12791 |
| filed by the transferee or the remaining owner, and if filed, | 12792 |
| proceedings including appeals shall be had in the manner and | 12793 |
| within the time provided by sections 5717.01 to 5717.06 and | 12794 |
| 5715.19 to 5715.22 of the Revised Code, for complaints against | 12795 |
| valuation or assessment of real property. | 12796 |
| The auditor shall endorse on the deed or other evidences of | 12797 |
| title presented to the auditor that the proper transfer of the | 12798 |
| real
estate described in | 12799 |
| auditor's office or that it is not entered for taxation, and sign | 12800 |
| the auditor's name to | 12801 |
| or any one of the grantees, set forth in the deed or other | 12802 |
| evidences of title shall be entered by the auditor on the transfer | 12803 |
| sheets and on the general tax list of real property prepared | 12804 |
| pursuant to section 319.28 of the Revised Code. | 12805 |
| Sec. 319.302. (A)(1) Real property that is not intended | 12806 |
| primarily for use in a business activity shall qualify for a | 12807 |
| partial exemption from real property taxation. For purposes of | 12808 |
| this partial exemption, "business activity" does not include | 12809 |
| farming, leasing property for farming, leasing property improved | 12810 |
| with single-family, two-family, or three-family dwellings, or | 12811 |
| holding vacant land that the county auditor determines will be | 12812 |
| used for farming or to develop single-family, two-family, or | 12813 |
| three-family dwellings. | 12814 |
| (2) Each year, the county auditor shall review each parcel of | 12815 |
| real property to determine whether it qualifies for the partial | 12816 |
| exemption provided for by this section as of the first day of | 12817 |
| January of the current tax year. | 12818 |
| (B) After complying with section 319.301 of the Revised Code, | 12819 |
| the county auditor shall reduce the remaining sums to be levied | 12820 |
| against each parcel of real property that is listed on the general | 12821 |
| tax list and duplicate of real and public utility property for the | 12822 |
| current tax year and that qualifies for partial exemption under | 12823 |
| division (A) of this section, and against each manufactured and | 12824 |
| mobile home that is taxed pursuant to division (D)(2) of section | 12825 |
| 4503.06 of the Revised Code and that is on the manufactured home | 12826 |
| tax list for the current tax year, by ten per cent, to provide a | 12827 |
| partial exemption for that parcel or home. Except as otherwise | 12828 |
| provided in sections 323.152, 323.158, 505.06, and 715.263 of the | 12829 |
| Revised Code, the amount of the taxes remaining after any such | 12830 |
| reduction shall be the real and public utility property taxes | 12831 |
| charged and payable on each parcel of real property, including | 12832 |
| property that does not qualify for partial exemption under | 12833 |
| division (A) of this section, and the manufactured home tax | 12834 |
| charged and payable | 12835 |
| and shall be the amounts certified to the county treasurer for | 12836 |
| collection. Upon receipt of the tax duplicate, the treasurer shall | 12837 |
| certify to the tax commissioner the total amount by which taxes | 12838 |
| were reduced under this section, as shown on the duplicate. Such | 12839 |
| reduction shall not directly or indirectly affect the | 12840 |
| determination of the principal amount of notes that may be issued | 12841 |
| in anticipation of any tax levies or the amount of bonds or notes | 12842 |
| for any planned improvements. If after application of sections | 12843 |
| 5705.31 and 5705.32 of the Revised Code and other applicable | 12844 |
| provisions of law, including divisions (F) and (I) of section | 12845 |
| 321.24 of the Revised Code, there would be insufficient funds for | 12846 |
| payment of debt charges on bonds or notes payable from taxes | 12847 |
| reduced by this section, the reduction of taxes provided for in | 12848 |
| this section shall be adjusted to the extent necessary to provide | 12849 |
| funds from such taxes. | 12850 |
| (C) The tax commissioner may adopt rules governing the | 12851 |
| administration of the partial exemption provided for by this | 12852 |
| section. | 12853 |
| (D) The determination of whether property qualifies for | 12854 |
| partial exemption under division (A) of this section is solely for | 12855 |
| the purpose of allowing the partial exemption under division (B) | 12856 |
| of this section. | 12857 |
| Sec. 321.24. (A) On or before the fifteenth day of February, | 12858 |
| in each year, the county treasurer shall settle with the county | 12859 |
| auditor for all taxes and assessments that the treasurer has | 12860 |
| collected on the general duplicate of real and public utility | 12861 |
| property at the time of making the settlement. | 12862 |
| (B) On or before the thirtieth day of June, in each year, the | 12863 |
| treasurer shall settle with the auditor for all advance payments | 12864 |
| of general personal and classified property taxes that the | 12865 |
| treasurer has received at the time of making the settlement. | 12866 |
| (C) On or before the tenth day of August, in each year, the | 12867 |
| treasurer shall settle with the auditor for all taxes and | 12868 |
| assessments that the treasurer has collected on the general | 12869 |
| duplicates of real and public utility property at the time of | 12870 |
| making such settlement, not included in the preceding February | 12871 |
| settlement. | 12872 |
| (D) On or before the thirty-first day of October, in each | 12873 |
| year, the treasurer shall settle with the auditor for all taxes | 12874 |
| that the treasurer has collected on the general personal and | 12875 |
| classified property duplicates, and for all advance payments of | 12876 |
| general personal and classified property taxes, not included in | 12877 |
| the preceding June settlement, that the treasurer has received at | 12878 |
| the time of making such settlement. | 12879 |
| (E) In the event the time for the payment of taxes is | 12880 |
| extended, pursuant to section 323.17 of the Revised Code, the date | 12881 |
| on or before which settlement for the taxes so extended must be | 12882 |
| made, as herein prescribed, shall be deemed to be extended for a | 12883 |
| like period of time. At each such settlement, the auditor shall | 12884 |
| allow to the treasurer, on the moneys received or collected and | 12885 |
| accounted for by the treasurer, the treasurer's fees, at the rate | 12886 |
| or percentage allowed by law, at a full settlement of the | 12887 |
| treasurer. | 12888 |
| (F) Within thirty days after the day of each settlement of | 12889 |
| taxes required under divisions (A) and (C) of this section, the | 12890 |
| treasurer shall certify to the tax commissioner any adjustments | 12891 |
| 12892 | |
| pursuant to section 319.302 of the Revised Code and that the | 12893 |
| settlement has been completed. Upon receipt of such certification, | 12894 |
| the commissioner shall provide for payment to the county treasurer | 12895 |
| from the general revenue fund of an amount equal to one-half of | 12896 |
| the amount certified by the treasurer in the preceding tax year | 12897 |
| under section 319.302 of the Revised Code, less one-half of the | 12898 |
| amount computed for all taxing districts in that county for the | 12899 |
| current fiscal year under section 5703.80 of the Revised Code for | 12900 |
| crediting to the property tax administration fund. Such payment | 12901 |
| shall be credited upon receipt to the county's undivided income | 12902 |
| tax fund, and the county auditor shall transfer to the county | 12903 |
| general fund from the amount thereof the total amount of all fees | 12904 |
| and charges which the auditor and treasurer would have been | 12905 |
| authorized to receive had such section not been in effect and that | 12906 |
| amount had been levied and collected as taxes. The county auditor | 12907 |
| shall distribute the amount remaining among the various taxing | 12908 |
| districts in the county as if it had been levied, collected, and | 12909 |
| settled as real property taxes. The amount distributed to each | 12910 |
| taxing district shall be reduced by the total of the amounts | 12911 |
| computed for the district under | 12912 |
| section 5703.80 of the Revised Code, but the reduction shall not | 12913 |
| exceed the amount that otherwise would be distributed to the | 12914 |
| taxing district under this division. The tax commissioner shall | 12915 |
| make available to taxing districts such information as is | 12916 |
| sufficient for a taxing district to be able to determine the | 12917 |
| amount of the reduction in its distribution under this section. | 12918 |
| (G)(1) Within thirty days after the day of the settlement | 12919 |
| required in division (D) of this section, the county treasurer | 12920 |
| shall notify the tax commissioner that the settlement has been | 12921 |
| completed. Upon receipt of that notification, the commissioner | 12922 |
| shall provide for payment to the county treasurer from the general | 12923 |
| revenue fund of an amount equal to the amount certified under | 12924 |
| former section 319.311 of the Revised Code and paid in the state's | 12925 |
| fiscal year 2003 multiplied by the percentage specified in | 12926 |
| division (G)(2) of this section. The payment shall be credited | 12927 |
| upon receipt to the county's undivided income tax fund, and the | 12928 |
| county auditor shall distribute the amount thereof among the | 12929 |
| various taxing districts of the county as if it had been levied, | 12930 |
| collected, and settled as personal property taxes. The amount | 12931 |
| received by a taxing district under this division shall be | 12932 |
| apportioned among its funds in the same proportion as the current | 12933 |
| year's personal property taxes are apportioned. | 12934 |
| (2) Payments required under division (G)(1) of this section | 12935 |
| shall be made at the following percentages of the amount certified | 12936 |
| under former section 319.311 of the Revised Code and paid under | 12937 |
| division (G)(1) of this section in the state's fiscal year 2003: | 12938 |
| (a) In fiscal year 2004, ninety per cent; | 12939 |
| (b) In fiscal year 2005, eighty per cent; | 12940 |
| (c) In fiscal year 2006, | 12941 |
| (d) In fiscal year 2007, | 12942 |
| (e) In fiscal year 2008, | 12943 |
| (f) In fiscal year 2009, | 12944 |
| | 12945 |
| | 12946 |
| | 12947 |
| After fiscal year | 12948 |
| division (G)(1) of this section. | 12949 |
| (H)(1) On or before the fifteenth day of April each year, the | 12950 |
| county treasurer shall settle with the county auditor for all | 12951 |
| manufactured home taxes that the county treasurer has collected on | 12952 |
| the manufactured home tax duplicate at the time of making the | 12953 |
| settlement. | 12954 |
| (2) On or before the fifteenth day of September each year, | 12955 |
| the county treasurer shall settle with the county auditor for all | 12956 |
| remaining manufactured home taxes that the county treasurer has | 12957 |
| collected on the manufactured home tax duplicate at the time of | 12958 |
| making the settlement. | 12959 |
| (3) If the time for payment of such taxes is extended under | 12960 |
| section 4503.06 of the Revised Code, the time for making the | 12961 |
| settlement as prescribed by divisions (H)(1) and (2) of this | 12962 |
| section is extended for a like period of time. | 12963 |
| (I) Within thirty days after the day of each settlement of | 12964 |
| taxes required under division (H) of this section, the county | 12965 |
| treasurer shall certify to the tax commissioner any adjustments | 12966 |
| that have been made to the amount certified previously pursuant to | 12967 |
| section 319.302 of the Revised Code and that the settlement has | 12968 |
| been completed. Upon receipt of such certification, the | 12969 |
| commissioner shall provide for payment to the county treasurer | 12970 |
| from the general revenue fund of an amount equal to one-half of | 12971 |
| the amount certified by the treasurer in the current tax year | 12972 |
| under section 319.302 of the Revised Code. Such payment shall be | 12973 |
| credited upon receipt to the county's undivided income tax fund, | 12974 |
| and the county auditor shall transfer to the county general fund | 12975 |
| from the amount thereof the total amount of all fees and charges | 12976 |
| that the auditor and treasurer would have been authorized to | 12977 |
| receive had such section not been in effect and that amount had | 12978 |
| been levied and collected as taxes. The county auditor shall | 12979 |
| distribute the amount remaining among the various taxing districts | 12980 |
| in the county as if it had been levied, collected, and settled as | 12981 |
| manufactured home taxes. | 12982 |
| Sec. 323.01. Except as otherwise provided, as used in | 12983 |
| Chapter 323. of the Revised Code: | 12984 |
| (A) "Subdivision" means any county, township, school | 12985 |
| district, or municipal corporation. | 12986 |
| (B) "Municipal corporation" includes charter municipalities. | 12987 |
| (C) "Taxes" means the total amount of all charges against an | 12988 |
| entry appearing on a tax list and the duplicate thereof that was | 12989 |
| prepared and certified in accordance with section 319.28 of the | 12990 |
| Revised Code, including taxes levied against real estate; taxes on | 12991 |
| property whose value is certified pursuant to section 5727.23 of | 12992 |
| the Revised Code; recoupment charges applied pursuant to section | 12993 |
| 5713.35 of the Revised Code; all assessments; penalties and | 12994 |
| interest charged pursuant to section 323.121 of the Revised Code; | 12995 |
| charges added pursuant to section 319.35 of the Revised Code; and | 12996 |
| all of such charges which remain unpaid from any previous tax | 12997 |
| year. | 12998 |
| (D) "Current taxes" means all taxes charged against an entry | 12999 |
| on the general tax list and duplicate of real and public utility | 13000 |
| property that have not appeared on such list and duplicate for any | 13001 |
| prior tax year and any penalty thereon charged by division (A) of | 13002 |
| section 323.121 of the Revised Code. Current taxes, whether or not | 13003 |
| they have been certified delinquent, become delinquent taxes if | 13004 |
| they remain unpaid after the last day prescribed for payment of | 13005 |
| the second installment of current taxes without penalty. | 13006 |
| (E) "Delinquent taxes" means: | 13007 |
| (1) Any taxes charged against an entry on the general tax | 13008 |
| list and duplicate of real and public utility property that were | 13009 |
| charged against an entry on such list and duplicate for a prior | 13010 |
| tax year and any penalties and interest charged against such | 13011 |
| taxes. | 13012 |
| (2) Any current taxes charged on the general tax list and | 13013 |
| duplicate of real and public utility property that remain unpaid | 13014 |
| after the last day prescribed for payment of the second | 13015 |
| installment of such taxes without penalty, whether or not they | 13016 |
| have been certified delinquent, and any penalties and interest | 13017 |
| charged against such taxes. | 13018 |
| (F) "Current tax year" means, with respect to particular | 13019 |
| taxes, the calendar year in which the first installment of taxes | 13020 |
| is due prior to any extension granted under section 323.17 of the | 13021 |
| Revised Code. | 13022 |
| (G) "Liquidated claim" means: | 13023 |
| (1) Any sum of money due and payable, upon a written | 13024 |
| contractual obligation executed between the subdivision and the | 13025 |
| taxpayer, but excluding any amount due on general and special | 13026 |
| assessment bonds and notes; | 13027 |
| (2) Any sum of money due and payable, for disability | 13028 |
| financial assistance | 13029 |
| under Chapter 5115. of the Revised Code that is furnished to or in | 13030 |
| behalf of a subdivision, provided that such claim is recognized by | 13031 |
| a resolution or ordinance of the legislative body of such | 13032 |
| subdivision; | 13033 |
| (3) Any sum of money advanced and paid to or received and | 13034 |
| used by a subdivision, pursuant to a resolution or ordinance of | 13035 |
| such subdivision or its predecessor in interest, and the moral | 13036 |
| obligation to repay which sum, when in funds, shall be recognized | 13037 |
| by resolution or ordinance by the subdivision. | 13038 |
| Sec. 323.152. In addition to the reduction in taxes required | 13039 |
| under section 319.302 of the Revised Code, taxes shall be reduced | 13040 |
| as provided in divisions (A) and (B) of this section. | 13041 |
| (A)(1) Division (A) of this section applies to any of the | 13042 |
| following: | 13043 |
| (a) A person who is permanently and totally disabled; | 13044 |
| (b) A person who is sixty-five years of age or older; | 13045 |
| (c) A person who is the surviving spouse of a deceased person | 13046 |
| who was permanently and totally disabled or sixty-five years of | 13047 |
| age or older and who applied and qualified for a reduction in | 13048 |
| taxes under this division in the year of death, provided the | 13049 |
| surviving spouse is at least fifty-nine but not sixty-five or more | 13050 |
| years of age on the date the deceased spouse dies. | 13051 |
| (2) Real property taxes on a homestead owned and occupied, or | 13052 |
| a homestead in a housing cooperative occupied, by a person to whom | 13053 |
| division (A) of this section applies shall be reduced for each | 13054 |
| year for which the owner obtains a certificate of reduction from | 13055 |
| the county auditor under section 323.154 of the Revised Code or | 13056 |
| for which the occupant obtains a certificate of reduction in | 13057 |
| accordance with section 323.159 of the Revised Code. The reduction | 13058 |
| shall equal the amount obtained by multiplying the tax rate for | 13059 |
| the tax year for which the certificate is issued by the reduction | 13060 |
| in taxable value shown in the following schedule: | 13061 |
| Reduce Taxable Value | 13062 | |||
| Total Income | by the Lesser of: | 13063 |
| $11,900 or less | $5,000 or seventy-five per cent | 13064 | ||
| More than $11,900 but not more than $17,500 | $3,000 or sixty per cent | 13065 | ||
| More than $17,500 but not more than $23,000 | $1,000 or twenty-five per cent | 13066 | ||
| More than $23,000 | -0- | 13067 |
| (3) Each calendar year, the tax commissioner shall adjust the | 13068 |
| foregoing schedule by completing the following calculations in | 13069 |
| September of each year: | 13070 |
| (a) Determine the percentage increase in the gross domestic | 13071 |
| product deflator determined by the bureau of economic analysis of | 13072 |
| the United States department of commerce from the first day of | 13073 |
| January of the preceding calendar year to the last day of December | 13074 |
| of the preceding calendar year; | 13075 |
| (b) Multiply that percentage increase by each of the total | 13076 |
| income amounts, and by each dollar amount by which taxable value | 13077 |
| is reduced, for the current tax year; | 13078 |
| (c) Add the resulting product to each of the total income | 13079 |
| amounts, and to each of the dollar amounts by which taxable value | 13080 |
| is reduced, for the current tax year; | 13081 |
| (d)(i) Except as provided in division (A)(3)(d)(ii) of this | 13082 |
| section, round the resulting sum to the nearest multiple of one | 13083 |
| hundred dollars; | 13084 |
| (ii) If rounding the resulting sum to the nearest multiple of | 13085 |
| one hundred dollars under division (A)(3)(d)(i) of this section | 13086 |
| does not increase the dollar amounts by which taxable value is | 13087 |
| reduced, the resulting sum instead shall be rounded to the nearest | 13088 |
| multiple of ten dollars. | 13089 |
| The commissioner shall certify the amounts resulting from the | 13090 |
| adjustment to each county auditor not later than the first day of | 13091 |
| December each year. The certified amounts apply to the following | 13092 |
| tax year. The commissioner shall not make the adjustment in any | 13093 |
| calendar year in which the amounts resulting from the adjustment | 13094 |
| would be less than the total income amounts, or less than the | 13095 |
| dollar amounts by which taxable value is reduced, for the current | 13096 |
| tax year. | 13097 |
| (B) | 13098 |
| on any homestead, and manufactured home taxes on any manufactured | 13099 |
| or mobile home on which a manufactured home tax is assessed | 13100 |
| pursuant to division (D)(2) of section 4503.06 of the Revised | 13101 |
| Code, shall be reduced for each year for which the owner obtains a | 13102 |
| certificate of reduction from the county auditor under section | 13103 |
| 323.154 of the Revised Code. The amount of the reduction shall | 13104 |
| equal | 13105 |
| 13106 | |
| the
manufactured or mobile home | 13107 |
| after applying
section | 13108 |
| (C) The reductions granted by this section do not apply to | 13109 |
| special assessments or respread of assessments levied against the | 13110 |
| homestead, and if there is a transfer of ownership subsequent to | 13111 |
| the filing of an application for a reduction in taxes, such | 13112 |
| reductions are not forfeited for such year by virtue of such | 13113 |
| transfer. | 13114 |
| (D) The reductions in taxable value referred to in this | 13115 |
| section shall be applied solely as a factor for the purpose of | 13116 |
| computing the reduction of taxes under this section and shall not | 13117 |
| affect the total value of property in any subdivision or taxing | 13118 |
| district as listed and assessed for taxation on the tax lists and | 13119 |
| duplicates, or any direct or indirect limitations on indebtedness | 13120 |
| of a subdivision or taxing district. If after application of | 13121 |
| sections 5705.31 and 5705.32 of the Revised Code, including the | 13122 |
| allocation of all levies within the ten-mill limitation to debt | 13123 |
| charges to the extent therein provided, there would be | 13124 |
| insufficient funds for payment of debt charges not provided for by | 13125 |
| levies in excess of the ten-mill limitation, the reduction of | 13126 |
| taxes provided for in sections 323.151 to 323.159 of the Revised | 13127 |
| Code shall be proportionately adjusted to the extent necessary to | 13128 |
| provide such funds from levies within the ten-mill limitation. | 13129 |
| (E) No reduction shall be made on the taxes due on the | 13130 |
| homestead of any person convicted of violating division (C) or (D) | 13131 |
| of section 323.153 of the Revised Code for a period of three years | 13132 |
| following the conviction. | 13133 |
| Sec. 325.31. (A) On the first business day of each month, | 13134 |
| and at the end of the officer's term of office, each officer named | 13135 |
| in section 325.27 of the Revised Code shall pay into the county | 13136 |
| treasury, to the credit of the general county fund, on the warrant | 13137 |
| of the county auditor, all fees, costs, penalties, percentages, | 13138 |
| allowances, and perquisites collected by the officer's office | 13139 |
| during the preceding month or part thereof for official services, | 13140 |
| except the fees allowed the county auditor by division (B) of | 13141 |
| section 319.54 of the Revised Code, which shall be paid into the | 13142 |
| county treasury to the credit of the real estate assessment fund | 13143 |
| hereby created. | 13144 |
| (B) Moneys to the credit of the real estate assessment fund | 13145 |
| may be expended, upon appropriation by the board of county | 13146 |
| commissioners, for the purpose of defraying one or more of the | 13147 |
| following: | 13148 |
| (1) The cost incurred by the county auditor in assessing real | 13149 |
| estate pursuant to Chapter 5713. of the Revised Code and | 13150 |
| manufactured and mobile homes pursuant to Chapter 4503. of the | 13151 |
| Revised Code; | 13152 |
| (2) At the county auditor's discretion, costs and expenses | 13153 |
| incurred by the county auditor in preparing the list of real and | 13154 |
| public utility property, in administering laws related to the | 13155 |
| taxation of real property and the levying of special assessments | 13156 |
| on real property, including administering reductions under | 13157 |
| Chapters 319. and 323. and section 4503.065 of the Revised Code, | 13158 |
| and to support assessments of real property in any administrative | 13159 |
| or judicial proceeding; | 13160 |
| (3) At the county auditor's discretion, the expenses incurred | 13161 |
| by the county board of revision under Chapter 5715. of the Revised | 13162 |
| Code; | 13163 |
| (4) At the county auditor's discretion, the expenses incurred | 13164 |
| by the county auditor for geographic information systems, mapping | 13165 |
| programs, and technological advances in those or similar systems | 13166 |
| or programs; | 13167 |
| (5) At the county auditor's discretion, expenses incurred by | 13168 |
| the county auditor in compiling the general tax list of tangible | 13169 |
| personal property and administering tangible personal property | 13170 |
| taxes under Chapters 5711. and 5719. of the Revised Code; | 13171 |
| (6) At the county auditor's discretion, costs, expenses, and | 13172 |
| fees incurred by the county auditor in the administration of | 13173 |
| estate taxes under Chapter 5731. of the Revised Code and the | 13174 |
| amounts incurred under section 5731.41 of the Revised Code. | 13175 |
| Any expenditures made from the real estate assessment fund | 13176 |
| shall comply with rules that the tax commissioner adopts under | 13177 |
| division (O) of section 5703.05 of the Revised Code. Those rules | 13178 |
| shall include a requirement that a copy of any appraisal plans, | 13179 |
| progress of work reports, contracts, or other documents required | 13180 |
| to be filed with the tax commissioner shall be filed also with the | 13181 |
| board of county commissioners. | 13182 |
| The board of county commissioners shall not transfer moneys | 13183 |
| required to be deposited in the real estate assessment fund to any | 13184 |
| other fund. Following an assessment of real property pursuant to | 13185 |
| Chapter 5713. of the Revised Code, or an assessment of a | 13186 |
| manufactured or mobile home pursuant to Chapter 4503. of the | 13187 |
| Revised Code, any moneys not expended for the purpose of defraying | 13188 |
| the cost incurred in assessing real estate or manufactured or | 13189 |
| mobile homes or for the purpose of defraying the expenses | 13190 |
| described in divisions (B)(2), (3), (4), (5), and (6) of this | 13191 |
| section, and thereby remaining to the credit of the real estate | 13192 |
| assessment fund, shall be apportioned ratably and distributed to | 13193 |
| those taxing authorities that contributed to the fund. However, no | 13194 |
| such distribution shall be made if the amount of such unexpended | 13195 |
| moneys remaining to the credit of the real estate assessment fund | 13196 |
| does not exceed five thousand dollars. | 13197 |
| (C) None of the officers named in section 325.27 of the | 13198 |
| Revised Code shall collect any fees from the county. Each of such | 13199 |
| officers shall, at the end of each calendar year, make and file a | 13200 |
| sworn statement with the board of county commissioners of all such | 13201 |
| fees, costs, penalties, percentages, allowances, and perquisites | 13202 |
| which have been due in the officer's office and unpaid for more | 13203 |
| than one year prior to the date such statement is required to be | 13204 |
| made. | 13205 |
| Sec. 329.04. (A) The county department of job and family | 13206 |
| services shall have, exercise, and perform the following powers | 13207 |
| and duties: | 13208 |
| (1) Perform any duties assigned by the state department of | 13209 |
| job and family services regarding the provision of public family | 13210 |
| services, including the provision of the following services to | 13211 |
| prevent or reduce economic or personal dependency and to | 13212 |
| strengthen family life: | 13213 |
| (a) Services authorized by a Title IV-A program, as defined | 13214 |
| in section 5101.80 of the Revised Code; | 13215 |
| (b) Social services authorized by Title XX of the "Social | 13216 |
| Security Act" and provided for by section 5101.46 or 5101.461 of | 13217 |
| the Revised Code; | 13218 |
| (c) If the county department is designated as the child | 13219 |
| support enforcement agency, services authorized by Title IV-D of | 13220 |
| the "Social Security Act" and provided for by Chapter 3125. of the | 13221 |
| Revised Code. The county department may perform the services | 13222 |
| itself or contract with other government entities, and, pursuant | 13223 |
| to division (C) of section 2301.35 and section 2301.42 of the | 13224 |
| Revised Code, private entities, to perform the Title IV-D | 13225 |
| services. | 13226 |
| (d) Duties assigned under section 5111.98 of the Revised | 13227 |
| Code. | 13228 |
| (2) Administer disability financial assistance, as required | 13229 |
| by the state department of job and family services under section | 13230 |
| 5115.03 of the Revised Code; | 13231 |
| (3) | 13232 |
| 13233 | |
| 13234 |
| | 13235 |
| burials was, prior to September 12, 1947, imposed upon the board | 13236 |
| of county commissioners and if otherwise required by state law; | 13237 |
| | 13238 |
| matter relating to family services and to act as the agent of such | 13239 |
| authorities; | 13240 |
| | 13241 |
| the board of county commissioners and to the state department of | 13242 |
| job and family services at the close of each fiscal year; | 13243 |
| | 13244 |
| services duties or workforce development activities imposed upon | 13245 |
| the county department of job and family services by law, by | 13246 |
| resolution of the board of county commissioners, or by order of | 13247 |
| the governor, when authorized by law, to meet emergencies during | 13248 |
| war or peace; | 13249 |
| | 13250 |
| recipients of aid under Title XVI of the "Social Security Act"; | 13251 |
| | 13252 |
| services under section 5101.515 of the Revised Code, determine | 13253 |
| applicants' eligibility for health assistance under the children's | 13254 |
| health insurance program part II; | 13255 |
| | 13256 |
| county commissioners under section 307.983, consult with the board | 13257 |
| in the development of the transportation work plan developed under | 13258 |
| section 307.985, establish with the board procedures under section | 13259 |
| 307.986 for providing services to children whose families relocate | 13260 |
| frequently, and comply with the contracts the board enters into | 13261 |
| under sections 307.981 and 307.982 of the Revised Code that affect | 13262 |
| the county department; | 13263 |
| | 13264 |
| the board of county commissioners enters into under section 307.98 | 13265 |
| of the Revised Code, exercise the powers and perform the duties | 13266 |
| the fiscal agreement assigns to the county department; | 13267 |
| | 13268 |
| workforce development agency, provide the workforce development | 13269 |
| activities specified in the contract required by section 330.05 of | 13270 |
| the Revised Code. | 13271 |
| (B) The powers and duties of a county department of job and | 13272 |
| family services are, and shall be exercised and performed, under | 13273 |
| the control and direction of the board of county commissioners. | 13274 |
| The board may assign to the county department any power or duty of | 13275 |
| the board regarding family services duties and workforce | 13276 |
| development activities. If the new power or duty necessitates the | 13277 |
| state department of job and family services changing its federal | 13278 |
| cost allocation plan, the county department may not implement the | 13279 |
| power or duty unless the United States department of health and | 13280 |
| human services approves the changes. | 13281 |
| Sec. 329.051. The county department of job and family | 13282 |
| services shall make voter registration applications as prescribed | 13283 |
| by the secretary of state under section 3503.10 of the Revised | 13284 |
| Code available to persons who are applying for, receiving | 13285 |
| assistance from, or participating in any of the following: | 13286 |
| (A) The disability financial assistance program established | 13287 |
| under Chapter 5115. of the Revised Code; | 13288 |
| (B) | 13289 |
| 13290 |
| | 13291 |
| 5111. of the Revised Code; | 13292 |
| | 13293 |
| 5107. of the Revised Code; | 13294 |
| | 13295 |
| established under Chapter 5108. of the Revised Code. | 13296 |
| Sec. 339.72. (A) Each board of county commissioners shall | 13297 |
| provide for the county to be served by a tuberculosis control unit | 13298 |
| by designating a county tuberculosis control unit or by entering | 13299 |
| into an agreement with one or more boards of county commissioners | 13300 |
| of other counties under which the boards jointly designate a | 13301 |
| district tuberculosis control unit. The entity designated as the | 13302 |
| county or district tuberculosis control unit may be any of the | 13303 |
| following: | 13304 |
| (1) A communicable disease control program operated by a | 13305 |
| board of health of a city or general health district pursuant to | 13306 |
| section 3709.22 of the Revised Code; | 13307 |
| (2) | 13308 |
| 13309 |
| | 13310 |
| commissioners pursuant to section 339.76 of the Revised Code; | 13311 |
| | 13312 |
| under a contract with a board of county commissioners pursuant to | 13313 |
| section 339.75 of the Revised Code. | 13314 |
| (B) The entity designated under division (A) of this section | 13315 |
| as the tuberculosis control unit shall accept that designation and | 13316 |
| fulfill its duties as the tuberculosis control unit specified | 13317 |
| under sections 339.71 to 339.89 of the Revised Code. | 13318 |
| Sec. 339.88. The expenses incurred for detention under | 13319 |
| section 339.86 or 339.87 of the Revised Code shall be paid by the | 13320 |
| individual detained or if the individual is indigent, by the board | 13321 |
| of county commissioners of the county from which the individual | 13322 |
| was removed. | 13323 |
| 13324 | |
| 13325 | |
| 13326 |
| Sec. 340.03. (A) Subject to rules issued by the director of | 13327 |
| mental health after consultation with relevant constituencies as | 13328 |
| required by division (A)(11) of section 5119.06 of the Revised | 13329 |
| Code, with regard to mental health services, the board of alcohol, | 13330 |
| drug addiction, and mental health services shall: | 13331 |
| (1) Serve as the community mental health planning agency for | 13332 |
| the county or counties under its jurisdiction, and in so doing it | 13333 |
| shall: | 13334 |
| (a) Evaluate the need for facilities and community mental | 13335 |
| health services; | 13336 |
| (b) In cooperation with other local and regional planning and | 13337 |
| funding bodies and with relevant ethnic organizations, assess the | 13338 |
| community mental health needs, set priorities, and develop plans | 13339 |
| for the operation of facilities and community mental health | 13340 |
| services; | 13341 |
| (c) In accordance with guidelines issued by the director of | 13342 |
| mental health after consultation with board representatives, | 13343 |
| develop and submit to the department of mental health, no later | 13344 |
| than six months prior to the conclusion of the fiscal year in | 13345 |
| which the board's current plan is scheduled to expire, a community | 13346 |
| mental health plan listing community mental health needs, | 13347 |
| including the needs of all residents of the district now residing | 13348 |
| in state mental institutions and severely mentally disabled | 13349 |
| adults, children, and adolescents; all children subject to a | 13350 |
| determination made pursuant to section 121.38 of the Revised Code; | 13351 |
| and all the facilities and community mental health services that | 13352 |
| are or will be in operation or provided during the period for | 13353 |
| which the plan will be in operation in the service district to | 13354 |
| meet such needs. | 13355 |
| The plan shall include, but not be limited to, a statement of | 13356 |
| which of the services listed in section 340.09 of the Revised Code | 13357 |
| the board intends to provide or purchase, an explanation of how | 13358 |
| the board intends to make any payments that it may be required to | 13359 |
| pay under section 5119.62 of the Revised Code, a statement of the | 13360 |
| inpatient and community-based services the board proposes that the | 13361 |
| department operate, an assessment of the number and types of | 13362 |
| residential facilities needed, and such other information as the | 13363 |
| department requests, and a budget for moneys the board expects to | 13364 |
| receive. The board shall also submit an allocation request for | 13365 |
| state and federal funds. Within sixty days after the department's | 13366 |
| determination that the plan and allocation request are complete, | 13367 |
| the department shall approve or disapprove the plan and request, | 13368 |
| in whole or in part, according to the criteria developed pursuant | 13369 |
| to section 5119.61 of the Revised Code. The department's statement | 13370 |
| of approval or disapproval shall specify the inpatient and the | 13371 |
| community-based services that the department will operate for the | 13372 |
| board. Eligibility for financial support shall be contingent upon | 13373 |
| an approved plan or relevant part of a plan. | 13374 |
| If the director disapproves all or part of any plan, the | 13375 |
| director shall inform the board of the reasons for the disapproval | 13376 |
| and of the criteria that must be met before the plan may be | 13377 |
| approved. The director shall provide the board an opportunity to | 13378 |
| present its case on behalf of the plan. The director shall give | 13379 |
| the board a reasonable time in which to meet the criteria, and | 13380 |
| shall offer the board technical assistance to help it meet the | 13381 |
| criteria. | 13382 |
| If the approval of a plan remains in dispute thirty days | 13383 |
| prior to the conclusion of the fiscal year in which the board's | 13384 |
| current plan is scheduled to expire, the board or the director may | 13385 |
| request that the dispute be submitted to a mutually agreed upon | 13386 |
| third-party mediator with the cost to be shared by the board and | 13387 |
| the department. The mediator shall issue to the board and the | 13388 |
| department recommendations for resolution of the dispute. Prior to | 13389 |
| the conclusion of the fiscal year in which the current plan is | 13390 |
| scheduled to expire, the director, taking into consideration the | 13391 |
| recommendations of the mediator, shall make a final determination | 13392 |
| and approve or disapprove the plan, in whole or in part. | 13393 |
| If a board determines that it is necessary to amend a plan or | 13394 |
| an allocation request that has been approved under division | 13395 |
| (A)(1)(c) of this section, the board shall submit a proposed | 13396 |
| amendment to the director. The director may approve or disapprove | 13397 |
| all or part of the amendment. If the director does not approve all | 13398 |
| or part of the amendment within thirty days after it is submitted, | 13399 |
| the amendment or part of it shall be considered to have been | 13400 |
| approved. The director shall inform the board of the reasons for | 13401 |
| disapproval of all or part of an amendment and of the criteria | 13402 |
| that must be met before the amendment may be approved. The | 13403 |
| director shall provide the board an opportunity to present its | 13404 |
| case on behalf of the amendment. The director shall give the board | 13405 |
| a reasonable time in which to meet the criteria, and shall offer | 13406 |
| the board technical assistance to help it meet the criteria. | 13407 |
| The board shall implement the plan approved by the | 13408 |
| department. | 13409 |
| (d) Receive, compile, and transmit to the department of | 13410 |
| mental health applications for state reimbursement; | 13411 |
| (e) Promote, arrange, and implement working agreements with | 13412 |
| social agencies, both public and private, and with judicial | 13413 |
| agencies. | 13414 |
| (2) Investigate, or request another agency to investigate, | 13415 |
| any complaint alleging abuse or neglect of any person receiving | 13416 |
| services from a community mental health agency as defined in | 13417 |
| section 5122.01 of the Revised Code, or from a residential | 13418 |
| facility licensed under section 5119.22 of the Revised Code. If | 13419 |
| the investigation substantiates the charge of abuse or neglect, | 13420 |
| the board shall take whatever action it determines is necessary to | 13421 |
| correct the situation, including notification of the appropriate | 13422 |
| authorities. Upon request, the board shall provide information | 13423 |
| about such investigations to the department. | 13424 |
| (3) For the purpose of section 5119.611 of the Revised Code, | 13425 |
| cooperate with the director of mental health in visiting and | 13426 |
| evaluating whether the services of a community mental health | 13427 |
| agency satisfy the certification standards established by rules | 13428 |
| adopted under that section; | 13429 |
| (4) In accordance with criteria established under division | 13430 |
| (G) of section 5119.61 of the Revised Code, review and evaluate | 13431 |
| the quality, effectiveness, and efficiency of services provided | 13432 |
| through its community mental health plan and submit its findings | 13433 |
| and recommendations to the department of mental health; | 13434 |
| (5) In accordance with section 5119.22 of the Revised Code, | 13435 |
| review applications for residential facility licenses and | 13436 |
| recommend to the department of mental health approval or | 13437 |
| disapproval of applications; | 13438 |
| (6) Audit, in accordance with rules adopted by the auditor of | 13439 |
| state pursuant to section 117.20 of the Revised Code, at least | 13440 |
| annually all programs and services provided under contract with | 13441 |
| the board. In so doing, the board may contract for or employ the | 13442 |
| services of private auditors. A copy of the fiscal audit report | 13443 |
| shall be provided to the director of mental health, the auditor of | 13444 |
| state, and the county auditor of each county in the board's | 13445 |
| district. | 13446 |
| (7) Recruit and promote local financial support for mental | 13447 |
| health programs from private and public sources; | 13448 |
| (8)(a) Enter into contracts with public and private | 13449 |
| facilities for the operation of facility services included in the | 13450 |
| board's community mental health plan and enter into contracts with | 13451 |
| public and private community mental health agencies for the | 13452 |
| provision of community mental health services listed in section | 13453 |
| 340.09 of the Revised Code and included in the board's community | 13454 |
| mental health plan. Contracts with community mental health | 13455 |
| agencies are subject to section 5119.611 of the Revised Code. | 13456 |
| Section 307.86 of the Revised Code does not apply to contracts | 13457 |
| entered into under this division. In contracting with a community | 13458 |
| mental health agency, a board shall consider the cost | 13459 |
| effectiveness of services provided by that agency and the quality | 13460 |
| and continuity of care, and may review cost elements, including | 13461 |
| salary costs, of the services to be provided. A utilization review | 13462 |
| process shall be established as part of the contract for services | 13463 |
| entered into between a board and a community mental health agency. | 13464 |
| The board may establish this process in a way that is most | 13465 |
| effective and efficient in meeting local needs. In the case of a | 13466 |
| contract with a community mental health facility, as defined in | 13467 |
|
section | 13468 |
| listed in division (B) of that section, the contract shall provide | 13469 |
| for the facility to be paid in accordance with the contract | 13470 |
| entered into between the departments of job and family services | 13471 |
| and mental health under section 5111.91 of the Revised Code and | 13472 |
| any rules adopted under division (A) of section 5119.61 of the | 13473 |
| Revised Code. | 13474 |
| If either the board or a facility or community mental health | 13475 |
| agency with which the board contracts under division (A)(8)(a) of | 13476 |
| this section proposes not to renew the contract or proposes | 13477 |
| substantial changes in contract terms, the other party shall be | 13478 |
| given written notice at least one hundred twenty days before the | 13479 |
| expiration date of the contract. During the first sixty days of | 13480 |
| this one hundred twenty-day period, both parties shall attempt to | 13481 |
| resolve any dispute through good faith collaboration and | 13482 |
| negotiation in order to continue to provide services to persons in | 13483 |
| need. If the dispute has not been resolved sixty days before the | 13484 |
| expiration date of the contract, either party may notify the | 13485 |
| department of mental health of the unresolved dispute. The | 13486 |
| director may require both parties to submit the dispute to a third | 13487 |
| party with the cost to be shared by the board and the facility or | 13488 |
| community mental health agency. The third party shall issue to the | 13489 |
| board, the facility or agency, and the department recommendations | 13490 |
| on how the dispute may be resolved twenty days prior to the | 13491 |
| expiration date of the contract, unless both parties agree to a | 13492 |
| time extension. The director shall adopt rules establishing the | 13493 |
| procedures of this dispute resolution process. | 13494 |
| (b) With the prior approval of the director of mental health, | 13495 |
| a board may operate a facility or provide a community mental | 13496 |
| health service as follows, if there is no other qualified private | 13497 |
| or public facility or community mental health agency that is | 13498 |
| immediately available and willing to operate such a facility or | 13499 |
| provide the service: | 13500 |
| (i) In an emergency situation, any board may operate a | 13501 |
| facility or provide a community mental health service in order to | 13502 |
| provide essential services for the duration of the emergency; | 13503 |
| (ii) In a service district with a population of at least one | 13504 |
| hundred thousand but less than five hundred thousand, a board may | 13505 |
| operate a facility or provide a community mental health service | 13506 |
| for no longer than one year; | 13507 |
| (iii) In a service district with a population of less than | 13508 |
| one hundred thousand, a board may operate a facility or provide a | 13509 |
| community mental health service for no longer than one year, | 13510 |
| except that such a board may operate a facility or provide a | 13511 |
| community mental health service for more than one year with the | 13512 |
| prior approval of the director and the prior approval of the board | 13513 |
| of county commissioners, or of a majority of the boards of county | 13514 |
| commissioners if the district is a joint-county district. | 13515 |
| The director shall not give a board approval to operate a | 13516 |
| facility or provide a community mental health service under | 13517 |
| division (A)(8)(b)(ii) or (iii) of this section unless the | 13518 |
| director determines that it is not feasible to have the department | 13519 |
| operate the facility or provide the service. | 13520 |
| The director shall not give a board approval to operate a | 13521 |
| facility or provide a community mental health service under | 13522 |
| division (A)(8)(b)(iii) of this section unless the director | 13523 |
| determines that the board will provide greater administrative | 13524 |
| efficiency and more or better services than would be available if | 13525 |
| the board contracted with a private or public facility or | 13526 |
| community mental health agency. | 13527 |
| The director shall not give a board approval to operate a | 13528 |
| facility previously operated by a person or other government | 13529 |
| entity unless the board has established to the director's | 13530 |
| satisfaction that the person or other government entity cannot | 13531 |
| effectively operate the facility or that the person or other | 13532 |
| government entity has requested the board to take over operation | 13533 |
| of the facility. The director shall not give a board approval to | 13534 |
| provide a community mental health service previously provided by a | 13535 |
| community mental health agency unless the board has established to | 13536 |
| the director's satisfaction that the agency cannot effectively | 13537 |
| provide the service or that the agency has requested the board | 13538 |
| take over providing the service. | 13539 |
| The director shall review and evaluate a board's operation of | 13540 |
| a facility and provision of community mental health service under | 13541 |
| division (A)(8)(b) of this section. | 13542 |
| Nothing in division (A)(8)(b) of this section authorizes a | 13543 |
| board to administer or direct the daily operation of any facility | 13544 |
| or community mental health agency, but a facility or agency may | 13545 |
| contract with a board to receive administrative services or staff | 13546 |
| direction from the board under the direction of the governing body | 13547 |
| of the facility or agency. | 13548 |
| (9) Approve fee schedules and related charges or adopt a unit | 13549 |
| cost schedule or other methods of payment for contract services | 13550 |
| provided by community mental health agencies in accordance with | 13551 |
| guidelines issued by the department as necessary to comply with | 13552 |
| state and federal laws pertaining to financial assistance; | 13553 |
| (10) Submit to the director and the county commissioners of | 13554 |
| the county or counties served by the board, and make available to | 13555 |
| the public, an annual report of the programs under the | 13556 |
| jurisdiction of the board, including a fiscal accounting; | 13557 |
| (11) Establish, to the extent resources are available, a | 13558 |
| community support system, which provides for treatment, support, | 13559 |
| and rehabilitation services and opportunities. The essential | 13560 |
| elements of the system include, but are not limited to, the | 13561 |
| following components in accordance with section 5119.06 of the | 13562 |
| Revised Code: | 13563 |
| (a) To locate persons in need of mental health services to | 13564 |
| inform them of available services and benefits mechanisms; | 13565 |
| (b) Assistance for clients to obtain services necessary to | 13566 |
| meet basic human needs for food, clothing, shelter, medical care, | 13567 |
| personal safety, and income; | 13568 |
| (c) Mental health care, including, but not limited to, | 13569 |
| outpatient, partial hospitalization, and, where appropriate, | 13570 |
| inpatient care; | 13571 |
| (d) Emergency services and crisis intervention; | 13572 |
| (e) Assistance for clients to obtain vocational services and | 13573 |
| opportunities for jobs; | 13574 |
| (f) The provision of services designed to develop social, | 13575 |
| community, and personal living skills; | 13576 |
| (g) Access to a wide range of housing and the provision of | 13577 |
| residential treatment and support; | 13578 |
| (h) Support, assistance, consultation, and education for | 13579 |
| families, friends, consumers of mental health services, and | 13580 |
| others; | 13581 |
| (i) Recognition and encouragement of families, friends, | 13582 |
| neighborhood networks, especially networks that include racial and | 13583 |
| ethnic minorities, churches, community organizations, and | 13584 |
| meaningful employment as natural supports for consumers of mental | 13585 |
| health services; | 13586 |
| (j) Grievance procedures and protection of the rights of | 13587 |
| consumers of mental health services; | 13588 |
| (k) Case management, which includes continual individualized | 13589 |
| assistance and advocacy to ensure that needed services are offered | 13590 |
| and procured. | 13591 |
| (12) Designate the treatment program, agency, or facility for | 13592 |
| each person involuntarily committed to the board pursuant to | 13593 |
| Chapter 5122. of the Revised Code and authorize payment for such | 13594 |
| treatment. The board shall provide the least restrictive and most | 13595 |
| appropriate alternative that is available for any person | 13596 |
| involuntarily committed to it and shall assure that the services | 13597 |
| listed in section 340.09 of the Revised Code are available to | 13598 |
| severely mentally disabled persons residing within its service | 13599 |
| district. The board shall establish the procedure for authorizing | 13600 |
| payment for services, which may include prior authorization in | 13601 |
| appropriate circumstances. The board may provide for services | 13602 |
| directly to a severely mentally disabled person when life or | 13603 |
| safety is endangered and when no community mental health agency is | 13604 |
| available to provide the service. | 13605 |
| (13) Establish a method for evaluating referrals for | 13606 |
| involuntary commitment and affidavits filed pursuant to section | 13607 |
| 5122.11 of the Revised Code in order to assist the probate | 13608 |
| division of the court of common pleas in determining whether there | 13609 |
| is probable cause that a respondent is subject to involuntary | 13610 |
| hospitalization and what alternative treatment is available and | 13611 |
| appropriate, if any; | 13612 |
| (14) Ensure that apartments or rooms built, subsidized, | 13613 |
| renovated, rented, owned, or leased by the board or a community | 13614 |
| mental health agency have been approved as meeting minimum fire | 13615 |
| safety standards and that persons residing in the rooms or | 13616 |
| apartments are receiving appropriate and necessary services, | 13617 |
| including culturally relevant services, from a community mental | 13618 |
| health agency. This division does not apply to residential | 13619 |
| facilities licensed pursuant to section 5119.22 of the Revised | 13620 |
| Code. | 13621 |
| (15) Establish a mechanism for involvement of consumer | 13622 |
| recommendation and advice on matters pertaining to mental health | 13623 |
| services in the alcohol, drug addiction, and mental health service | 13624 |
| district; | 13625 |
| (16) Perform the duties under section 3722.18 of the Revised | 13626 |
| Code required by rules adopted under section 5119.61 of the | 13627 |
| Revised Code regarding referrals by the board or mental health | 13628 |
| agencies under contract with the board of individuals with mental | 13629 |
| illness or severe mental disability to adult care facilities and | 13630 |
| effective arrangements for ongoing mental health services for the | 13631 |
| individuals. The board is accountable in the manner specified in | 13632 |
| the rules for ensuring that the ongoing mental health services are | 13633 |
| effectively arranged for the individuals. | 13634 |
| (B) The board shall establish such rules, operating | 13635 |
| procedures, standards, and bylaws, and perform such other duties | 13636 |
| as may be necessary or proper to carry out the purposes of this | 13637 |
| chapter. | 13638 |
| (C) A board of alcohol, drug addiction, and mental health | 13639 |
| services may receive by gift, grant, devise, or bequest any | 13640 |
| moneys, lands, or property for the benefit of the purposes for | 13641 |
| which the board is established, and may hold and apply it | 13642 |
| according to the terms of the gift, grant, or bequest. All money | 13643 |
| received, including accrued interest, by gift, grant, or bequest | 13644 |
| shall be deposited in the treasury of the county, the treasurer of | 13645 |
| which is custodian of the alcohol, drug addiction, and mental | 13646 |
| health services funds to the credit of the board and shall be | 13647 |
| available for use by the board for purposes stated by the donor or | 13648 |
| grantor. | 13649 |
| (D) No board member or employee of a board of alcohol, drug | 13650 |
| addiction, and mental health services shall be liable for injury | 13651 |
| or damages caused by any action or inaction taken within the scope | 13652 |
| of the board member's official duties or the employee's | 13653 |
| employment, whether or not such action or inaction is expressly | 13654 |
| authorized by this section, section 340.033, or any other section | 13655 |
| of the Revised Code, unless such action or inaction constitutes | 13656 |
| willful or wanton misconduct. Chapter 2744. of the Revised Code | 13657 |
| applies to any action or inaction by a board member or employee of | 13658 |
| a board taken within the scope of the board member's official | 13659 |
| duties or employee's employment. For the purposes of this | 13660 |
| division, the conduct of a board member or employee shall not be | 13661 |
| considered willful or wanton misconduct if the board member or | 13662 |
| employee acted in good faith and in a manner that the board member | 13663 |
| or employee reasonably believed was in or was not opposed to the | 13664 |
| best interests of the board and, with respect to any criminal | 13665 |
| action or proceeding, had no reasonable cause to believe the | 13666 |
| conduct was unlawful. | 13667 |
| (E) The meetings held by any committee established by a board | 13668 |
| of alcohol, drug addiction, and mental health services shall be | 13669 |
| considered to be meetings of a public body subject to section | 13670 |
| 121.22 of the Revised Code. | 13671 |
| Sec. 340.16. Not later than ninety days after
| 13672 |
| 13673 | |
| health and the department of job and family services shall adopt | 13674 |
| rules that establish requirements and procedures for prior | 13675 |
| notification and service coordination between public children | 13676 |
| services agencies and boards of alcohol, drug addiction, and | 13677 |
| mental health services when a public children services agency | 13678 |
| refers a child in its custody to a board for services funded by | 13679 |
| the board. The rules shall be adopted in accordance with Chapter | 13680 |
| 119. of the Revised Code. | 13681 |
| The department of mental health and department of job and | 13682 |
| family services shall collaborate in formulating a plan that | 13683 |
| delineates the funding responsibilities of public children | 13684 |
| services agencies and boards of alcohol, drug addiction, and | 13685 |
| mental health services for services provided under section | 13686 |
| 13687 | |
| of public children services agencies. The departments shall | 13688 |
| complete the
plan not later than ninety days after
| 13689 |
| 13690 |
| Sec. 341.192. (A) As used in this section: | 13691 |
| (1) "Medical assistance program" has the same meaning as in | 13692 |
| section 2913.40 of the Revised Code. | 13693 |
| (2) "Medical provider" means a physician, hospital, | 13694 |
| laboratory, pharmacy, or other health care provider that is not | 13695 |
| employed by or under contract to a county or the department of | 13696 |
| rehabilitation and correction to provide medical services to | 13697 |
| persons confined in the county jail or a state correctional | 13698 |
| institution. | 13699 |
| (3) "Necessary care" means medical care of a nonelective | 13700 |
| nature that cannot be postponed until after the period of | 13701 |
| confinement of a person who is confined in a county jail or a | 13702 |
| state correctional institution or is in the custody of a law | 13703 |
| enforcement officer without endangering the life or health of the | 13704 |
| person. | 13705 |
| (B) If a physician employed by or under contract to a county | 13706 |
| or the department of rehabilitation and correction to provide | 13707 |
| medical services to persons confined in the county jail or state | 13708 |
| correctional institution determines that a person who is confined | 13709 |
| in the county jail or a state correctional institution or who is | 13710 |
| in the custody of a law enforcement officer prior to the person's | 13711 |
| confinement in the county jail or a state correctional institution | 13712 |
| requires necessary care that the physician cannot provide, the | 13713 |
| necessary care shall be provided by a medical provider. The county | 13714 |
| or the department of rehabilitation and correction shall pay a | 13715 |
| medical provider for necessary care an amount not exceeding the | 13716 |
| authorized reimbursement rate for the same service established by | 13717 |
| the department of job and family services under the medical | 13718 |
| assistance program. | 13719 |
| Sec. 731.14. All contracts made by the legislative authority | 13720 |
| of a village shall be executed in the name of the village and | 13721 |
| signed on its behalf by the mayor and clerk. Except where the | 13722 |
| contract is for equipment, services, materials, or supplies to be | 13723 |
| purchased under division (D) of section 713.23 or section 125.04 | 13724 |
| or 5513.01 of the Revised Code | 13725 |
| nonprofit agency pursuant to sections 4115.31 to 4115.35 of the | 13726 |
| Revised Code, or required to be purchased from a qualified | 13727 |
| nonprofit agency under sections 125.60 to 125.6012 of the Revised | 13728 |
| Code, when any expenditure, other than the compensation of persons | 13729 |
| employed in the village, exceeds twenty-five thousand dollars, | 13730 |
| such contracts shall be in writing and made with the lowest and | 13731 |
| best bidder after advertising for not less than two nor more than | 13732 |
| four consecutive weeks in a newspaper of general circulation | 13733 |
| within the village. The bids shall be opened and shall be publicly | 13734 |
| read by the clerk of the village or a person designated by the | 13735 |
| clerk at the time, date, and place specified in the advertisement | 13736 |
| to bidders or specifications. The time, date, and place of bid | 13737 |
| openings may be extended to a later date by the legislative | 13738 |
| authority of the village, provided that written or oral notice of | 13739 |
| the change shall be given to all persons who have received or | 13740 |
| requested specifications no later than ninety-six hours prior to | 13741 |
| the original time and date fixed for the opening. This section | 13742 |
| does not apply to those villages that have provided for the | 13743 |
| appointment of a village administrator under section 735.271 of | 13744 |
| the Revised Code. | 13745 |
| Sec. 731.141. In those villages that have established the | 13746 |
| position of village administrator, as provided by section 735.271 | 13747 |
| of the Revised Code, the village administrator shall make | 13748 |
| contracts, purchase supplies and materials, and provide labor for | 13749 |
| any work under the administrator's supervision involving not more | 13750 |
| than twenty-five thousand dollars. When an expenditure, other than | 13751 |
| the compensation of persons employed by the village, exceeds | 13752 |
| twenty-five thousand dollars, the expenditure shall first be | 13753 |
| authorized and directed by ordinance of the legislative authority | 13754 |
| of the village. When so authorized and directed, except where the | 13755 |
| contract is for equipment, services, materials, or supplies to be | 13756 |
| purchased under division (D) of section 713.23 or section 125.04 | 13757 |
|
or 5513.01 of the Revised Code | 13758 |
| nonprofit agency pursuant to sections 4115.31 to 4115.35 of the | 13759 |
| Revised Code, or required to be purchased from a qualified | 13760 |
| nonprofit agency under sections 125.60 to 125.6012 of the Revised | 13761 |
| Code, the village administrator shall make a written contract with | 13762 |
| the lowest and best bidder after advertisement for not less than | 13763 |
| two nor more than four consecutive weeks in a newspaper of general | 13764 |
| circulation within the village. The bids shall be opened and shall | 13765 |
| be publicly read by the village administrator or a person | 13766 |
| designated by the village administrator at the time, date, and | 13767 |
| place as specified in the advertisement to bidders or | 13768 |
| specifications. The time, date, and place of bid openings may be | 13769 |
| extended to a later date by the village administrator, provided | 13770 |
| that written or oral notice of the change shall be given to all | 13771 |
| persons who have received or requested specifications no later | 13772 |
| than ninety-six hours prior to the original time and date fixed | 13773 |
| for the opening. All contracts shall be executed in the name of | 13774 |
| the village and signed on its behalf by the village administrator | 13775 |
| and the clerk. | 13776 |
| The legislative authority of a village may provide, by | 13777 |
| ordinance, for central purchasing for all offices, departments, | 13778 |
| divisions, boards, and commissions of the village, under the | 13779 |
| direction of the village administrator, who shall make contracts, | 13780 |
| purchase supplies or materials, and provide labor for any work of | 13781 |
| the village in the manner provided by this section. | 13782 |
| Sec. 742.59. The board of trustees of the Ohio police and | 13783 |
| fire pension fund shall be the trustee of the funds created as | 13784 |
| follows: | 13785 |
| (A) The "police officers' contribution fund" is the fund in | 13786 |
| which shall be credited the contributions deducted from the | 13787 |
| salaries of members of police departments and paid into the Ohio | 13788 |
| police and fire pension fund, as provided by section 742.31 of the | 13789 |
| Revised Code, and that percentage of the employers' accrued | 13790 |
| liability that is attributable to deductions previously made from | 13791 |
| the salaries of members of the police department who are still in | 13792 |
| the active service at the time that portion of the employers' | 13793 |
| accrued liability is paid. The accumulated contributions of a | 13794 |
| member of a police department shall be transferred at the member's | 13795 |
| retirement from the police officers' contribution fund to the | 13796 |
| police officers' pension reserve fund. | 13797 |
| (B) The "firefighters' contribution fund" is the fund in | 13798 |
| which shall be credited contributions deducted from the salaries | 13799 |
| of members of fire departments and paid into the Ohio police and | 13800 |
| fire pension fund, as provided by section 742.31 of the Revised | 13801 |
| Code, and that percentage of the employers' accrued liability that | 13802 |
| is attributable to deductions previously made from the salaries of | 13803 |
| members of the fire department who are still in the active service | 13804 |
| at the time that portion of the employers' accrued liability is | 13805 |
| paid. The accumulated contributions of a member of a fire | 13806 |
| department shall be transferred at the member's retirement from | 13807 |
| the firefighters' contribution fund to the firefighters' pension | 13808 |
| reserve fund. | 13809 |
| (C) The "police officer employers' contribution fund" is the | 13810 |
| fund to which the following shall be credited: | 13811 |
| (1) The police officer employers' contribution, as provided | 13812 |
|
by section 742.33 of the Revised Code | 13813 |
| (2) The percentage of the employers' accrued liability that | 13814 |
| is attributable to the employers' liability for prior service of | 13815 |
| members of the police department who are still in the active | 13816 |
| service at the time that portion of the employers' accrued | 13817 |
| liability is paid | 13818 |
| 13819 | |
| 13820 | |
| 13821 |
| In the police officer employers' contribution fund shall | 13822 |
| accumulate the reserves held in trust for the payment of all | 13823 |
| pensions or other benefits provided by sections 742.01 to 742.61 | 13824 |
| of the Revised Code to members of a police department retiring in | 13825 |
| the future or their qualified beneficiaries and from which the | 13826 |
| reserves for such pensions and other benefits shall be transferred | 13827 |
| to the police officers' pension reserve fund. | 13828 |
| (D) The "firefighter employers' contribution fund" is the | 13829 |
| fund to which the following shall be credited: | 13830 |
| (1) The firefighter employers' contribution, as provided in | 13831 |
|
section 742.34 of the Revised Code | 13832 |
| (2) The percentage of the employers' accrued liability that | 13833 |
| is attributable to the employers' liability for prior service for | 13834 |
| members of the fire department who are still in the active service | 13835 |
| at the time that portion of the employers' accrued liability is | 13836 |
| paid | 13837 |
| 13838 | |
| 13839 |
| In the firefighter employers' contribution fund shall | 13840 |
| accumulate the reserves held in trust for the payment of all | 13841 |
| pensions and other benefits provided by sections 742.01 to 742.61 | 13842 |
| of the Revised Code to members of a fire department retiring in | 13843 |
| the future or their qualified beneficiaries and from which the | 13844 |
| reserves for such pensions and other benefits shall be transferred | 13845 |
| to the firefighters' pension reserve fund. | 13846 |
| (E) The "police officers' pension reserve fund" is the fund | 13847 |
| from which shall be paid all pensions and other benefits for which | 13848 |
| reserves have been transferred from the police officers' | 13849 |
| contribution fund and the police officer employers' contribution | 13850 |
| fund, and to which shall be credited that percentage of the | 13851 |
| employers' accrued liability that is attributable to the total of | 13852 |
| deductions previously made from the salaries of members of the | 13853 |
| police department who are retired and are receiving pensions or | 13854 |
| other benefits, or whose beneficiaries are receiving benefits, at | 13855 |
| the time that portion of the employers' accrued liability is paid, | 13856 |
| and that percentage of the employers' accrued liability that is | 13857 |
| attributable to prior service of members of the police department | 13858 |
| who are retired and are receiving pensions or other benefits, or | 13859 |
| whose beneficiaries are receiving benefits, at the time that | 13860 |
| portion of the employers' accrued liability is paid. | 13861 |
| (F) The "firefighters' pension reserve fund" is the fund from | 13862 |
| which shall be paid all pensions and other benefits for which | 13863 |
| reserves have been transferred from the firefighters' contribution | 13864 |
| fund and the firefighter employers' contribution fund, and to | 13865 |
| which shall be credited that percentage of the employers' accrued | 13866 |
| liability that is attributable to the total of deductions | 13867 |
| previously made from the salaries of members of the fire | 13868 |
| department who are retired and are receiving pensions or other | 13869 |
| benefits, or whose beneficiaries are receiving benefits, at the | 13870 |
| time that portion of the employers' accrued liability is paid, and | 13871 |
| that percentage of the employers' accrued liability that is | 13872 |
| attributable to prior service of members of the fire department | 13873 |
| who are retired and are receiving pensions or other benefits, or | 13874 |
| whose beneficiaries are receiving benefits, at the time that | 13875 |
| portion of the employers' accrued liability is paid. | 13876 |
| (G) The "guarantee fund" is the fund from which interest is | 13877 |
| transferred and credited on the amounts in the funds described in | 13878 |
| divisions (C), (D), (E), and (F) of this section, and is a | 13879 |
| contingent fund from which the special requirements of said funds | 13880 |
| may be paid by transfer from this fund. All income derived from | 13881 |
| the investment of funds by the board of trustees of the Ohio | 13882 |
| police and fire pension fund as trustee under section 742.11 of | 13883 |
| the Revised Code, together with all gifts and bequests or the | 13884 |
| income therefrom, shall be paid into this fund. | 13885 |
| Any deficit occurring in any other fund that will not be | 13886 |
| covered by payments to that fund, as otherwise provided by | 13887 |
| sections 742.01 to 742.61 of the Revised Code, shall be paid by | 13888 |
| transfers of amounts from the guarantee fund to such fund or | 13889 |
| funds. Should the amount in the guarantee fund be insufficient at | 13890 |
| any time to meet the amounts payable therefrom, the amount of such | 13891 |
| deficiency, with regular interest, shall be paid by an additional | 13892 |
| employer rate of current contribution as determined by the actuary | 13893 |
| and shall be approved by the board of trustees of the Ohio police | 13894 |
| and fire pension fund, and the amount of such additional employer | 13895 |
| contribution shall be credited to the guarantee fund. | 13896 |
| The board may accept gifts and bequests. Any funds that may | 13897 |
| come into the possession of the board in this manner, or any other | 13898 |
| funds whose disposition is not otherwise provided for, shall be | 13899 |
| credited to the guarantee fund. | 13900 |
| (H) The "expense fund" is the fund from which shall be paid | 13901 |
| the expenses for the administration and management of the Ohio | 13902 |
| police and fire pension fund, as provided by sections 742.01 to | 13903 |
| 742.61 of the Revised Code, and to which shall be credited from | 13904 |
| the guarantee fund an amount sufficient to pay the expenses of | 13905 |
| operation. | 13906 |
| Sec. 901.43. (A) The director of agriculture may authorize | 13907 |
| any department of agriculture laboratory to perform a laboratory | 13908 |
| service for any person, organization, political subdivision, state | 13909 |
| agency, federal agency, or other entity, whether public or | 13910 |
| private. The director shall adopt and enforce rules to provide for | 13911 |
| the rendering of a laboratory service. | 13912 |
| (B) The director may charge a reasonable fee for the | 13913 |
| performance of a laboratory service, except when the service is | 13914 |
| performed on an official sample taken by the director acting | 13915 |
| pursuant to Title IX, Chapter 3715., or Chapter 3717. of the | 13916 |
| Revised Code; by a board of health acting as the licensor of | 13917 |
| retail food establishments or food service operations under | 13918 |
| Chapter 3717. of the Revised Code; or by the director of health | 13919 |
| acting as the licensor of food service operations under Chapter | 13920 |
| 3717. of the Revised Code. The director of agriculture shall adopt | 13921 |
| rules specifying what constitutes an official sample. | 13922 |
| The director shall publish a list of laboratory services | 13923 |
| offered, together with the fee for each service. | 13924 |
| (C) The director may enter into a contract with any person, | 13925 |
| organization, political subdivision, state agency, federal agency, | 13926 |
| or other entity for the provision of a laboratory service. | 13927 |
| (D)(1) The director may adopt rules establishing standards | 13928 |
| for accreditation of laboratories and laboratory services and in | 13929 |
| doing so may adopt by reference existing or recognized standards | 13930 |
| or practices. | 13931 |
| (2) The director may inspect and accredit laboratories and | 13932 |
| laboratory services, and may charge a reasonable fee for the | 13933 |
| inspections and accreditation. | 13934 |
| (E)(1) | 13935 |
| animal health and food safety fund. Moneys from the following | 13936 |
| sources shall be deposited into the state treasury to the credit | 13937 |
| of the fund: all moneys collected by the director under this | 13938 |
| section that are from fees generated by a laboratory service | 13939 |
| performed by the department and related to the diseases of | 13940 |
|
animals, | 13941 |
| for the inspection and accreditation of laboratories and | 13942 |
|
laboratory services
related to the diseases of animals, | 13943 |
| 13944 | |
| 13945 | |
| 13946 | |
| 13947 | |
| 13948 |
| | 13949 |
| section that are from fees generated by a laboratory service | 13950 |
| performed by the consumer analytical laboratory, and all moneys so | 13951 |
| collected that are from fees generated for the inspection and | 13952 |
| accreditation of laboratories and laboratory services not related | 13953 |
| to weights
and
measures | 13954 |
| 13955 | |
| 13956 | |
| fund | 13957 |
| animal industry laboratory and the consumer analytical laboratory, | 13958 |
| including the purchase of supplies and equipment. | 13959 |
| | 13960 |
| section that are from fees generated by a laboratory service | 13961 |
| performed by the weights and measures laboratory, and all moneys | 13962 |
| so collected that are from fees generated for the inspection and | 13963 |
| accreditation of laboratories and laboratory services related to | 13964 |
| weights and measures, shall be deposited in the state treasury to | 13965 |
| the credit of the weights and measures laboratory fund, which is | 13966 |
| hereby created in the state treasury. The moneys held in the fund | 13967 |
| may be used to pay the expenses necessary to operate the division | 13968 |
| of weights and measures, including the purchase of supplies and | 13969 |
| equipment. | 13970 |
| Sec. 901.44. There is hereby created in the state treasury | 13971 |
| the laboratory and administrative support fund. The department of | 13972 |
| agriculture shall deposit the following moneys received by the | 13973 |
| department to the credit of the fund: payment for the rental of | 13974 |
| the department's auditoriums by outside parties and reimbursement | 13975 |
| for related utility expenses, laboratory fees that are not | 13976 |
| designated for deposit into another fund, and other miscellaneous | 13977 |
| moneys that are not designated for deposit into another fund. The | 13978 |
| department may use moneys in the fund to pay costs associated with | 13979 |
| any program of the department as the director of agriculture sees | 13980 |
| fit. | 13981 |
| Sec. 903.05. (A) Each application for a permit to install or | 13982 |
| permit to operate a concentrated animal feeding facility that is | 13983 |
| submitted by an applicant who has not operated a concentrated | 13984 |
| animal feeding facility in this state for at least two of the five | 13985 |
| years immediately preceding the submission of the application | 13986 |
| shall be accompanied by all of the following: | 13987 |
| (1) A listing of all | 13988 |
| that the owner or operator of the proposed new or modified | 13989 |
| concentrated animal feeding facility has operated or is operating | 13990 |
| in this state; | 13991 |
| (2) A listing of the | 13992 |
| that the owner or operator has operated or is operating elsewhere | 13993 |
| in the United States and that are regulated under the Federal | 13994 |
| Water Pollution Control Act together with a listing of the | 13995 |
| 13996 | |
| has operated or is operating outside the United States; | 13997 |
| (3) A listing of all administrative enforcement orders issued | 13998 |
| to the owner or operator, all civil actions in which the owner or | 13999 |
| operator was determined by the trier of fact to be liable in | 14000 |
| damages or was the subject of injunctive relief or another type of | 14001 |
| civil relief, and all criminal actions in which the owner or | 14002 |
| operator pleaded guilty or was convicted, during the five years | 14003 |
| immediately preceding the submission of the application, in | 14004 |
| connection with any violation of the federal Water Pollution | 14005 |
| Control Act, the "Safe Drinking Water Act," as defined in section | 14006 |
| 6109.01 of the Revised Code, or any other applicable state laws | 14007 |
| pertaining to environmental protection that was alleged to have | 14008 |
|
occurred or to be occurring at any | 14009 |
| facility that the owner or operator has operated or is operating | 14010 |
| in the United States or with any violation of the environmental | 14011 |
| laws of another country that was alleged to have occurred or to be | 14012 |
|
occurring at any
| 14013 |
| owner or operator has operated or is operating outside the United | 14014 |
| States. | 14015 |
| The lists of | 14016 |
| by the owner or operator within or outside this state or outside | 14017 |
| the United States shall include, respectively, all such facilities | 14018 |
| operated by the owner or operator during the five-year period | 14019 |
| immediately preceding the submission of the application. | 14020 |
| (B) If the applicant for a permit to install or permit to | 14021 |
| operate has been involved in any prior activity involving the | 14022 |
|
operation of | 14023 |
| director of agriculture may deny the application if the director | 14024 |
| finds from the application, the information submitted under | 14025 |
| divisions (A)(1) to (3) of this section, pertinent information | 14026 |
| submitted to the director, and other pertinent information | 14027 |
| obtained by the director at the director's discretion that the | 14028 |
| applicant and persons associated with the applicant, in the | 14029 |
|
operation of | 14030 |
| history of substantial noncompliance with the Federal Water | 14031 |
| Pollution Control Act, the "Safe Drinking Water Act," as defined | 14032 |
| in section 6109.01 of the Revised Code, any other applicable state | 14033 |
| laws pertaining to environmental protection, or the environmental | 14034 |
| laws of another country that indicates that the applicant lacks | 14035 |
| sufficient reliability, expertise, and competence to operate the | 14036 |
| proposed new or modified concentrated animal feeding facility in | 14037 |
| substantial compliance with this chapter and rules adopted under | 14038 |
| it. | 14039 |
| (C) A person who seeks to acquire a concentrated animal | 14040 |
| feeding facility that has been issued an installation permit that | 14041 |
| has been transferred from the director of environmental protection | 14042 |
| to the director of agriculture, a permit to install, or a permit | 14043 |
| to operate shall submit to the director the information specified | 14044 |
| in divisions (A)(1) to (3) of this section prior to the transfer | 14045 |
| of the permit. The permit shall not be transferred as otherwise | 14046 |
| provided in division (I) of section 903.09 of the Revised Code if | 14047 |
| the director finds from the information submitted under divisions | 14048 |
| (A)(1) to (3) of this section, pertinent information submitted to | 14049 |
| the director, and other pertinent information obtained by the | 14050 |
| director at the director's discretion that the person, in the | 14051 |
|
operation of | 14052 |
| of substantial noncompliance with the Federal Water Pollution | 14053 |
| Control Act, the "Safe Drinking Water Act," as defined in section | 14054 |
| 6109.01 of the Revised Code, any other applicable state laws | 14055 |
| pertaining to environmental protection, or the environmental laws | 14056 |
| of another country that indicates that the person lacks sufficient | 14057 |
| reliability, expertise, and competence to operate the concentrated | 14058 |
| animal feeding facility in substantial compliance with this | 14059 |
| chapter and rules adopted under it. | 14060 |
| Sec. 905.32. (A) No person shall manufacture or distribute | 14061 |
| in this state any type of fertilizer until a license to | 14062 |
| manufacture or distribute has been obtained by the manufacturer or | 14063 |
| distributor from the department of agriculture upon payment of a | 14064 |
| five dollar fee: | 14065 |
| (1) For each fixed (permanent) location at which fertilizer | 14066 |
| is manufactured in this state; | 14067 |
| (2) For each mobile unit used to manufacture fertilizer in | 14068 |
| this state; | 14069 |
| (3) For each location out of the state from which fertilizer | 14070 |
| is distributed in this state to nonlicensees. | 14071 |
| All licenses | 14072 |
| shall be valid for one year beginning on the first day of December | 14073 |
| of a calendar year through the thirtieth day of November of the | 14074 |
| following calendar year. A renewal application for a license shall | 14075 |
| be submitted | 14076 |
| no later than the thirtieth day of
| 14077 |
| person who submits a renewal application for a license after the | 14078 |
|
thirtieth day of | 14079 |
| a late filing fee of ten dollars. | 14080 |
| (B) An application for license shall include: | 14081 |
| (1) The name and address of the licensee; | 14082 |
| (2) The name and address of each bulk distribution point in | 14083 |
| the state, not licensed for fertilizer manufacture and | 14084 |
| distribution. | 14085 |
| The name and address shown on the license shall be shown on | 14086 |
| all labels, pertinent invoices, and bulk storage for fertilizers | 14087 |
| distributed by the licensee in this state. | 14088 |
| (C) The licensee shall inform the director of agriculture in | 14089 |
| writing of additional distribution points established during the | 14090 |
| period of the license. | 14091 |
| Sec. 905.33. (A) Except as provided in division (C) of this | 14092 |
| section, no person shall distribute in this state a specialty | 14093 |
| fertilizer until it is registered by the manufacturer or | 14094 |
| distributor with the department of agriculture. An application, in | 14095 |
| duplicate, for each brand and product name of each grade of | 14096 |
| specialty fertilizer shall be made on a form furnished by the | 14097 |
| director of agriculture and shall be accompanied with a fee of | 14098 |
| fifty dollars for each brand and product name of each grade. | 14099 |
| Labels for each brand and product name of each grade shall | 14100 |
| accompany the application. Upon the approval of an application by | 14101 |
| the director, a copy of the registration shall be furnished the | 14102 |
| applicant. All
registrations | 14103 |
| 14104 | |
| December of a calendar year through the thirtieth day of November | 14105 |
| of the following calendar year. | 14106 |
| (B) An application for registration shall include the | 14107 |
| following: | 14108 |
| (1) Name and address of the manufacturer or distributor; | 14109 |
| (2) The brand and product name; | 14110 |
| (3) The grade; | 14111 |
| (4) The guaranteed analysis; | 14112 |
| (5) The package sizes for persons that package fertilizers | 14113 |
| only in containers of ten pounds or less. | 14114 |
| (C)(1) No person who engages in the business of applying | 14115 |
| custom mixed fertilizer to lawns, golf courses, recreation areas, | 14116 |
| or other real property that is not used for agricultural | 14117 |
| production shall be required to register the custom mixed | 14118 |
| fertilizer as a specialty fertilizer in accordance with division | 14119 |
| (A) of this section if the fertilizer ingredients of the custom | 14120 |
| mixed fertilizer are registered as specialty fertilizers and the | 14121 |
| inspection fee described in division (A) of section 905.36 of the | 14122 |
| Revised Code is paid. | 14123 |
| (2) No person who engages in the business of blending custom | 14124 |
| mixed fertilizer for use on lawns, golf courses, recreation areas, | 14125 |
| or other real property that is not used for agricultural | 14126 |
| production shall be required to register the custom mixed | 14127 |
| fertilizer as a specialty fertilizer in accordance with division | 14128 |
| (A) of this section if the facility holds a nonagricultural | 14129 |
| production custom mixed fertilizer blender license issued under | 14130 |
| section 905.331 of the Revised Code. | 14131 |
| (D) A person who engages in the business of applying or | 14132 |
| blending custom mixed fertilizer as described in division (C) of | 14133 |
| this section shall maintain an original or a copy of an invoice or | 14134 |
| document of sale for all fertilizer the person applies or | 14135 |
| distributes for one year following the date of the application or | 14136 |
| distribution, and, upon the director's request, shall furnish the | 14137 |
| director with the invoice or document of sale for the director's | 14138 |
| review. | 14139 |
| Sec. 905.331. No person who engages in the business of | 14140 |
| blending a custom mixed fertilizer for use on lawns, golf courses, | 14141 |
| recreation areas, or other real property that is not used for | 14142 |
| agricultural production shall fail to register a specialty | 14143 |
| fertilizer in accordance with division (A) of section 905.33 of | 14144 |
| the
Revised Code
unless the person has obtained | 14145 |
| nonagricultural production custom mixed fertilizer blender license | 14146 |
| from the director of agriculture. | 14147 |
| A license issued under this section shall be valid from the | 14148 |
| first day of December of a calendar year through the thirtieth day | 14149 |
| of November of the following calendar year. A renewal application | 14150 |
| for a nonagricultural production custom mixed fertilizer blender | 14151 |
| license shall be submitted to the director | 14152 |
| 14153 | |
| 14154 | |
| the applicant and of the premises where the blending occurs and a | 14155 |
| one-hundred-dollar fee. A person who submits a renewal application | 14156 |
| for a
license after the thirtieth day of
| 14157 |
| include with the application a late filing fee of ten dollars. All | 14158 |
| nonagricultural production custom mixed fertilizer blender | 14159 |
|
licenses expire on the thirtieth day of | 14160 |
| year. | 14161 |
| A person holding a nonagricultural production custom mixed | 14162 |
| fertilizer blender license shall pay the inspection fees described | 14163 |
| in division (A) of section 905.36 of the Revised Code for each | 14164 |
| product being blended. | 14165 |
| Sec. 905.36. (A) A licensee or registrant, except | 14166 |
| registrants who package specialty fertilizers only in containers | 14167 |
| of ten pounds or less, shall pay the director of agriculture for | 14168 |
| all fertilizers distributed in this state an inspection fee at the | 14169 |
| rate of | 14170 |
| cents per metric ton. Licensees and registrants shall specify on | 14171 |
| an invoice whether the per ton inspection fee has been paid or | 14172 |
| whether payment of the fee is the responsibility of the purchaser | 14173 |
| of the fertilizer. The payment of this inspection fee by a | 14174 |
| licensee or registrant shall exempt all other persons from the | 14175 |
| payment of this fee. | 14176 |
| (B) Every licensee or registrant
shall file | 14177 |
| 14178 | |
| the number of net tons or metric tons of fertilizer distributed to | 14179 |
| nonlicensees or nonregistrants in this state by grade; packaged; | 14180 |
| bulk, dry or liquid | 14181 |
| 14182 | |
| 14183 | |
| the thirtieth day of November of each calendar year and shall | 14184 |
| include data from the period beginning on the first day of | 14185 |
| November of the year preceding the year in which the report is due | 14186 |
| through the thirty-first day of October of the year in which the | 14187 |
| report is due. The licensee or registrant, except registrants who | 14188 |
| package specialty fertilizers only in containers of ten pounds or | 14189 |
| less, shall include with this statement the inspection fee at the | 14190 |
| rate stated in division (A) of this section. For a tonnage report | 14191 |
| that is not filed or payment of inspection fees that is not made | 14192 |
| 14193 | |
| November of the applicable calendar year, a penalty of fifty | 14194 |
| dollars or ten per cent of the amount due, whichever is greater, | 14195 |
| shall be assessed against the licensee or registrant. The amount | 14196 |
| of fees due, plus penalty, shall constitute a debt and become the | 14197 |
| basis of a judgment against the licensee or registrant. For | 14198 |
| tonnage reports found to be incorrect, a penalty of fifteen per | 14199 |
| cent of the amount due shall be assessed against the licensee or | 14200 |
| registrant and shall constitute a debt and become the basis of a | 14201 |
| judgment against the licensee or registrant. | 14202 |
| (C) No information furnished under this section shall be | 14203 |
| disclosed by any employee of the department of agriculture in such | 14204 |
| a way as to divulge the operation of any person required to make | 14205 |
| such a report. The filing by a licensee or registrant of a sales | 14206 |
| volume tonnage statement required by division (B) of this section | 14207 |
| thereby grants permission to the director to verify the same with | 14208 |
| the records of the licensee or registrant. | 14209 |
| Sec. 905.37. (A) The director of agriculture | 14210 |
| distribute annual statements of fertilizer sales by grades of | 14211 |
| materials and mixed fertilizer by counties, in a manner prescribed | 14212 |
| by the director. | 14213 |
| (B) The director | 14214 |
| of the analysis of fertilizers inspected. | 14215 |
| (C) The director may distribute a state fertilizer usage | 14216 |
| report by grade of materials and mixed fertilizers for each month. | 14217 |
| Sec. 905.38. The commercial feed, fertilizer, seed, and lime | 14218 |
| inspection and laboratory fund is hereby created in the state | 14219 |
| treasury. All moneys collected by the director of agriculture | 14220 |
| under sections 905.31 to 905.50 of the Revised Code, shall be | 14221 |
| deposited into the fund. Moneys credited to the fund under this | 14222 |
| section and sections 905.66, 907.16, and 923.46 of the Revised | 14223 |
| Code shall be used for administering and enforcing this chapter | 14224 |
| and
| 14225 |
| adopted under them. | 14226 |
| Sec. 905.381. The director of agriculture shall keep | 14227 |
| accurate accounts of all receipts and disbursements from the | 14228 |
| commercial feed, fertilizer, seed, and lime inspection and | 14229 |
| laboratory fund, and shall prepare, and provide upon request, an | 14230 |
| annual report classifying the receipts and disbursements as | 14231 |
| pertaining to either feed, fertilizer, seed, or lime. | 14232 |
| Sec. 905.50. If the director of agriculture has taken an | 14233 |
| official sample of a fertilizer or mixed fertilizer and determined | 14234 |
| that it constitutes mislabeled fertilizer pursuant to rules | 14235 |
| adopted under section 905.40 of the Revised Code, the person who | 14236 |
| labeled the fertilizer or mixed fertilizer shall pay a penalty to | 14237 |
| the consumer of the mislabeled fertilizer or, if the consumer | 14238 |
| cannot be determined with reasonable diligence or is not | 14239 |
| available, to the director for deposit into the commercial feed, | 14240 |
| fertilizer, seed, and lime inspection and laboratory fund created | 14241 |
| under section 905.38 of the Revised Code. The amount of the | 14242 |
| penalty shall be calculated in accordance with either division (A) | 14243 |
| or (B) of this section, whichever method of calculation yields the | 14244 |
| largest amount. | 14245 |
| (A)(1) A penalty required to be paid under this section may | 14246 |
| be calculated as follows: | 14247 |
| (a) Five dollars for each percentage point of total nitrogen | 14248 |
| or phosphorus in the fertilizer that is below the percentage of | 14249 |
| nitrogen or phosphorus guaranteed on the label, multiplied by the | 14250 |
| number of tons of mislabeled fertilizer that have been sold to the | 14251 |
| consumer; | 14252 |
| (b) Three dollars for each percentage point of potash in the | 14253 |
| fertilizer that is below the percentage of potash guaranteed on | 14254 |
| the label, multiplied by the number of tons of mislabeled | 14255 |
| fertilizer that have been sold to the consumer. | 14256 |
| (2) In the case of a fertilizer that contains a quantity of | 14257 |
| nitrogen, phosphorus, or potash that is more than five percentage | 14258 |
| points below the percentages guaranteed on the label, the | 14259 |
| penalties calculated under division (A)(1) of this section shall | 14260 |
| be tripled. | 14261 |
| (3) No penalty calculated under division (A) of this section | 14262 |
| shall be less than twenty-five dollars. | 14263 |
| (B) A penalty required to be paid under this section may be | 14264 |
| calculated by multiplying the market value of one unit of the | 14265 |
| mislabeled fertilizer by the number of units of the mislabeled | 14266 |
| fertilizer that have been sold to the consumer. | 14267 |
| (C) Upon making a determination under this section that a | 14268 |
| person has mislabeled fertilizer or mixed fertilizer, the director | 14269 |
| shall determine the parties to whom the penalty imposed by this | 14270 |
| section is required to be paid and, in accordance with division | 14271 |
| (A) or (B) of this section, as applicable, shall calculate the | 14272 |
| amount of the penalty required to be paid to each such party. | 14273 |
| After completing those determinations and calculations, the | 14274 |
| director shall issue to the person who allegedly mislabeled the | 14275 |
| fertilizer or mixed fertilizer a notice of violation. The notice | 14276 |
| shall be accompanied by an order requiring, and specifying the | 14277 |
| manner of, payment of the penalty imposed by this section to the | 14278 |
| parties in the amounts set forth in the determinations and | 14279 |
| calculations required by this division. The order shall be issued | 14280 |
| in accordance with Chapter 119. of the Revised Code. | 14281 |
| No person shall violate a term or condition of an order | 14282 |
| issued under this division. | 14283 |
| Sec. 905.501. (A) As used in this section | 14284 |
| (1) "Political subdivision" means a county, township, or | 14285 |
| municipal corporation and any other body corporate and politic | 14286 |
| that is responsible for government activities in a geographic area | 14287 |
| smaller than that of the state. | 14288 |
| (2) "Local legislation" includes, but is not limited to, an | 14289 |
| ordinance, resolution, regulation, rule, motion, or amendment that | 14290 |
| is enacted or adopted by a political subdivision. | 14291 |
| (B)(1) No political subdivision shall regulate the | 14292 |
| registration, packaging, labeling, sale, storage, distribution, | 14293 |
| use, or application of fertilizer, or require a person licensed or | 14294 |
| registered under sections 905.31 to 905.99 of the Revised Code to | 14295 |
| obtain a license or permit to operate in a manner described in | 14296 |
| those sections, or to satisfy any other condition except as | 14297 |
| provided by a statute or rule of this state or of the United | 14298 |
| States. | 14299 |
| (2) No political subdivision shall enact, adopt, or continue | 14300 |
| in effect local legislation relating to the registration, | 14301 |
| packaging, labeling, sale, storage, distribution, use, or | 14302 |
| application of fertilizers. | 14303 |
| Sec. 905.66. All moneys collected by the director of | 14304 |
| agriculture under sections 905.51 to 905.65 of the Revised Code | 14305 |
| shall be deposited into the commercial feed, fertilizer, seed, and | 14306 |
| lime inspection and laboratory fund created under section 905.38 | 14307 |
| of the Revised Code. | 14308 |
| The director shall prepare and provide a report concerning | 14309 |
| the fund in accordance with section 905.381 of the Revised Code. | 14310 |
| Sec. 907.111. (A) The department of agriculture has sole and | 14311 |
| exclusive authority to regulate the registration, labeling, sale, | 14312 |
| storage, transportation, distribution, notification of use, use, | 14313 |
| and planting of seed within the state. The regulation of seed is a | 14314 |
| matter of general statewide interest that requires uniform | 14315 |
| statewide regulation, and this chapter and rules adopted under it | 14316 |
| constitute a comprehensive plan with respect to all aspects of the | 14317 |
| regulation of seed within this state. | 14318 |
| (B) No political subdivision shall do any of the following: | 14319 |
| (1) Regulate the registration, labeling, sale, storage, | 14320 |
| transportation, distribution, notification of use, use, or | 14321 |
| planting of seed; | 14322 |
| (2) Require a person who has been issued a permit or license | 14323 |
| under this chapter to obtain a permit or license to operate in a | 14324 |
| manner described in this chapter or to satisfy any other condition | 14325 |
| except as provided by a statute or rule of this state or of the | 14326 |
| United States; | 14327 |
| (3) Require a person who has registered a legume innoculant | 14328 |
| under this chapter to register that innoculant in a manner | 14329 |
| described in this chapter or to satisfy any other condition except | 14330 |
| as provided by a statute or rule of this state or of the United | 14331 |
| States. | 14332 |
| (C) No political subdivision shall enact, adopt, or continue | 14333 |
| in effect local legislation relating to the permitting or | 14334 |
| licensure of any person who is required to obtain a permit or | 14335 |
| license under this chapter or to the registration, labeling, sale, | 14336 |
| storage, transportation, distribution, notification of use, use, | 14337 |
| or planting of seed. | 14338 |
| (D) As used in this section, "political subdivision" and | 14339 |
| "local legislation" have the same meanings as in section 905.501 | 14340 |
| of the Revised Code. | 14341 |
| Sec. 907.16. All money collected by the director of | 14342 |
| agriculture under sections 907.01 to 907.17 of the Revised Code | 14343 |
| shall be deposited into the treasury of the state to the credit of | 14344 |
| the commercial feed, fertilizer, seed, and lime inspection and | 14345 |
| laboratory fund | 14346 |
| 14347 | |
| 14348 | |
| Revised Code. | 14349 |
| Sec. 913.02. No person, firm, or corporation shall engage in | 14350 |
| the business of operating a cannery without obtaining a license | 14351 |
| for the operation of each cannery from the director of | 14352 |
| agriculture. | 14353 |
| In order to obtain a license, an application shall be made on | 14354 |
| a form prescribed by the director and shall be accompanied by a | 14355 |
| fee of | 14356 |
| an investigation to be made. If the applicant is supplied with the | 14357 |
| facilities necessary for complying with sections 913.01 to 913.05 | 14358 |
| of the Revised Code and rules adopted under them, a license shall | 14359 |
| be issued and shall be effective until the thirtieth day of June, | 14360 |
| and shall become invalid on that date unless renewed. The fee for | 14361 |
| each renewal is | 14362 |
| fees shall be deposited to the credit of the food safety fund | 14363 |
| created in section 915.24 of the Revised Code. | 14364 |
| The director may suspend or revoke any license for failure to | 14365 |
| comply with sections 913.01 to 913.05 of the Revised Code, or any | 14366 |
| rule or order adopted under those sections. In such event, the | 14367 |
| cannery immediately shall cease operation. | 14368 |
| Sec. 913.23. (A) The director of agriculture may issue | 14369 |
| licenses as required by sections 913.22 to 913.28 of the Revised | 14370 |
| Code, may make the inspections and registrations required by those | 14371 |
| sections, and may prescribe the form of application to be filed | 14372 |
| under this section. | 14373 |
| (B) No person shall manufacture or bottle for sale within | 14374 |
| this state any soft drink in closed containers unless the person | 14375 |
| has a license issued by the director. Upon receipt of an | 14376 |
| application for such a license, the director shall examine the | 14377 |
| products and the place of manufacture where the business is to be | 14378 |
| conducted, to determine whether the products and place comply with | 14379 |
| sections 913.22 to 913.28 of the Revised Code. Upon finding there | 14380 |
| is
compliance, and upon payment of a license fee of | 14381 |
| hundred dollars, the director shall issue a license authorizing | 14382 |
| the applicant to manufacture or bottle for sale such soft drinks, | 14383 |
| subject to sections 913.22 to 913.28 of the Revised Code. The | 14384 |
| license shall expire on the last day of March of each year unless | 14385 |
| renewed. | 14386 |
| (C) No soft drink that is manufactured or bottled out of the | 14387 |
| state shall be sold or offered for sale within this state unless | 14388 |
| the soft drink and the plant in which the soft drink is | 14389 |
| manufactured or bottled are found by the director to comply with | 14390 |
| sections 913.22
to 913.28 of the Revised Code, and | 14391 |
| registered by the director, which shall be upon a like application | 14392 |
| as provided in division (B) of this section. | 14393 |
| An annual registration fee of | 14394 |
| be paid to the director by each applicant under this division. The | 14395 |
| registration shall be renewed annually, and the registration fee | 14396 |
| paid with the application for annual renewal. | 14397 |
| Registration of out-of-state soft drink manufacturers or | 14398 |
| bottlers or syrup and extract manufacturers is not required if a | 14399 |
| reciprocal agreement is in effect whereby a soft drink | 14400 |
| manufacturer or bottler or syrup and extract manufacturer located | 14401 |
| in this state is not subject to a license or registration fee by | 14402 |
| another state or a political subdivision thereof. | 14403 |
| (D) No person, other than a manufacturer or bottler holding a | 14404 |
| soft drink plant license under this section, shall sell, offer for | 14405 |
| sale, use, or have in the person's possession with intent to sell, | 14406 |
| any soda water syrup or extract or soft drink syrup, to be used in | 14407 |
| making, drawing, or dispensing soda water or other soft drinks, | 14408 |
| without first registering the person's name and address, the name | 14409 |
| and address of the manufacturer of the syrup or extract, the | 14410 |
| number and variety of such syrups or extracts intended to be sold, | 14411 |
| and the trade name or brand of those products, with the director, | 14412 |
| together with such samples of the syrups or extracts as the | 14413 |
| director requests for analysis. The person also shall pay to the | 14414 |
| department of agriculture at the time of making registration a | 14415 |
| license fee of
| 14416 |
| granted by the director unless the director determines that the | 14417 |
| syrup or extract is free from all harmful drugs and other | 14418 |
| ingredients that, as used, may be injurious to health. The | 14419 |
| registration shall be renewed annually upon like terms. If any | 14420 |
| manufacturer, bottler, agent, or seller is licensed or has | 14421 |
| registered the manufacturer's, bottler's, agent's, or seller's | 14422 |
| name and product as required by this section and has paid the | 14423 |
| manufacturer's, bottler's, agent's, or seller's fee, the | 14424 |
| manufacturer's, bottler's, agent's, or seller's distributor, | 14425 |
| retail agent, or retail seller using the products shall not be | 14426 |
| required to pay that fee. This section does not apply to local | 14427 |
| sellers of soft drinks as to syrups and extracts made by | 14428 |
| themselves for their own use exclusively. | 14429 |
| (E) All moneys received under sections 913.22 to 913.28 of | 14430 |
| the Revised Code shall be deposited with the treasurer of state to | 14431 |
| the credit of the food safety fund created in section 915.24 of | 14432 |
| the Revised Code. | 14433 |
| (F) The director may revoke any license or registration | 14434 |
| issued under sections 913.22 to 913.28 of the Revised Code, | 14435 |
| whenever the director determines that those sections have been | 14436 |
| violated. When a license has been revoked, the licensee shall | 14437 |
| discontinue the manufacture and sale of soft drinks or other | 14438 |
| products for which the license was issued. When a registration has | 14439 |
| been revoked, the registrant shall discontinue the sale within | 14440 |
| this state of the registrant's products until those sections have | 14441 |
| been complied with and a new license or registration has been | 14442 |
| issued. The director may suspend any such license or registration | 14443 |
| temporarily, pending compliance with such conditions required by | 14444 |
| those sections as the director prescribes. | 14445 |
| Sec. 915.02. No person, firm, or corporation shall operate a | 14446 |
| cold-storage warehouse, for hire, without a license issued by the | 14447 |
| director of agriculture.
| 14448 |
| written application stating the location
of | 14449 |
| Upon receipt of the application the director shall cause an | 14450 |
| examination to be made into the sanitary conditions of | 14451 |
| warehouse. If it is found to be in a sanitary condition and | 14452 |
| properly equipped for the purpose of cold storage, the director | 14453 |
| shall cause a license to be issued authorizing the applicant to | 14454 |
| operate a warehouse. No license shall be issued until the | 14455 |
| applicant has paid to the director the sum of | 14456 |
| dollars.
| 14457 |
| of each year and becomes invalid on that date unless renewed. A | 14458 |
| license shall be required for each separate warehouse building. | 14459 |
| Sec. 915.16. The license fee for an establishment is | 14460 |
| 14461 | |
| with a cold-storage warehouse holding a license under section | 14462 |
| 915.02 of the Revised Code is not required to secure an additional | 14463 |
| license
under section 915.15 of the Revised Code so long as | 14464 |
| operator continues to be licensed as a cold-storage warehouse; but | 14465 |
| 14466 | |
| 14467 | |
| promulgated thereunder. The license issued shall be in such form | 14468 |
| as the department of agriculture prescribes. Licenses shall be | 14469 |
| valid until the last day of November following initial issuance or | 14470 |
| renewal and shall become invalid on that date unless renewed. The | 14471 |
| original license or a certified copy thereof shall be | 14472 |
| conspicuously displayed by the operator in the establishment. | 14473 |
| Sec. 915.24. (A) There is hereby created in the state | 14474 |
| treasury the food safety fund. All of the following moneys shall | 14475 |
| be credited to the fund: | 14476 |
| (1) Bakery registration fees and fines received under | 14477 |
| sections 911.02 to 911.20 of the Revised Code; | 14478 |
| (2) Cannery license fees and renewal fees received under | 14479 |
| sections 913.01 to 913.05 of the Revised Code; | 14480 |
| (3) Moneys received under sections 913.22 to 913.28 of the | 14481 |
| Revised Code; | 14482 |
| (4) License fees, fines, and penalties recovered for the | 14483 |
| violation of sections 915.01 to 915.12 of the Revised Code; | 14484 |
| (5) License fees collected under sections 915.14 to 915.23 of | 14485 |
| the Revised Code; | 14486 |
| (6) License fees, other fees, and fines collected by or for | 14487 |
| the director of agriculture under Chapter 3717. of the Revised | 14488 |
| Code; | 14489 |
| (7) Fees collected under section 3715.04 of the Revised Code | 14490 |
| for the issuance of certificates of health and freesale. | 14491 |
| (B) The director of agriculture shall use the moneys | 14492 |
| deposited into the food safety fund to administer and enforce the | 14493 |
| laws pursuant to which the moneys were collected. | 14494 |
| Sec. 921.02. (A) No person shall distribute a pesticide | 14495 |
| within this state unless the pesticide is registered with the | 14496 |
| director of agriculture under this chapter. Registrations shall be | 14497 |
| issued for a period of time established by rule and shall be | 14498 |
| renewed in accordance with deadlines established by rule. | 14499 |
| Registration is not required if a pesticide is shipped from one | 14500 |
| plant or warehouse to another plant or warehouse operated by the | 14501 |
| same person and used solely at that plant or warehouse as a | 14502 |
| constituent part to make a pesticide that is registered under this | 14503 |
| chapter, or if the pesticide is distributed under the provisions | 14504 |
| of an experimental use permit issued under section 921.03 of the | 14505 |
| Revised Code or an experimental use permit issued by the United | 14506 |
| States environmental protection agency. | 14507 |
| (B) The applicant for registration of a pesticide shall file | 14508 |
| a statement with the director on a form provided by the director, | 14509 |
| which shall include all of the following: | 14510 |
| (1) The name and address of the applicant and the name and | 14511 |
| address of the person whose name will appear on the label, if | 14512 |
| other than the applicant's name; | 14513 |
| (2) The brand and product name of the pesticide; | 14514 |
| (3) Any necessary information required for completion of the | 14515 |
| department of agriculture's application for registration, | 14516 |
| including the agency registration number; | 14517 |
| (4) A complete copy of the labeling accompanying the | 14518 |
| pesticide and a statement of all claims to be made for it, | 14519 |
| including the directions for use and the use classification as | 14520 |
| provided for in the federal act. | 14521 |
| (C) The director, when the director considers it necessary in | 14522 |
| the administration of this chapter, may require the submission of | 14523 |
| the complete formula of any pesticide including the active and | 14524 |
| inert ingredients. | 14525 |
| (D) The director may require a full description of the tests | 14526 |
| made and the results thereof upon which the claims are based for | 14527 |
| any pesticide. The director shall not consider any data submitted | 14528 |
| in support of an application, without permission of the applicant, | 14529 |
| in support of any other application for registration unless the | 14530 |
| other applicant first has offered to pay reasonable compensation | 14531 |
| for producing the test data to be relied upon and the data are not | 14532 |
| protected from disclosure by section 921.04 of the Revised Code. | 14533 |
| In the case of a renewal of registration, a statement shall be | 14534 |
| required only with respect to information that is different from | 14535 |
| that furnished when the pesticide was registered or last | 14536 |
| registered. | 14537 |
| (E) The director may require any other information to be | 14538 |
| submitted with an application. | 14539 |
| Any applicant may designate any portion of the required | 14540 |
| registration information as a trade secret or confidential | 14541 |
| business information. Upon receipt of any required registration | 14542 |
| information designated as a trade secret or confidential business | 14543 |
| information, the director shall consider the designated | 14544 |
| information as confidential and shall not reveal or cause to be | 14545 |
| revealed any such designated information without the consent of | 14546 |
| the applicants, except to persons directly involved in the | 14547 |
| registration process described in this section or as required by | 14548 |
| law. | 14549 |
| (F) | 14550 |
| a registration and
inspection
fee
| 14551 |
| hundred fifty dollars for each product name and brand registered | 14552 |
| for the company whose name appears on the label. If an applicant | 14553 |
| files for a renewal of registration after the deadline established | 14554 |
| by rule, the
applicant shall pay a
penalty fee
| 14555 |
| of seventy-five dollars for each product name and brand registered | 14556 |
| for the applicant. The penalty fee shall be added to the original | 14557 |
| fee and paid before the renewal registration is issued. In | 14558 |
| addition to any other remedy available under this chapter, if a | 14559 |
| pesticide that is not registered pursuant to this section is | 14560 |
| distributed within this state, the person required to register the | 14561 |
|
pesticide
shall do so
and shall pay a
penalty fee
| 14562 |
| 14563 | |
| registered for the applicant. The penalty fee shall be added to | 14564 |
| the original fee of one hundred fifty dollars and paid before the | 14565 |
| registration is issued. | 14566 |
| (G) Provided that the state is authorized by the | 14567 |
| administrator of the United States environmental protection agency | 14568 |
| to register pesticides to meet special local needs, the director | 14569 |
| shall require the information set forth under divisions (B), (C), | 14570 |
| (D), and (E) of this section and shall register any such pesticide | 14571 |
| after determining that all of the following conditions are met: | 14572 |
| (1) Its composition is such as to warrant the proposed claims | 14573 |
| for it. | 14574 |
| (2) Its labeling and other material required to be submitted | 14575 |
| comply with the requirements of the federal act and of this | 14576 |
| chapter, and rules adopted thereunder. | 14577 |
| (3) It will perform its intended function without | 14578 |
| unreasonable adverse effects on the environment. | 14579 |
| (4) When used in accordance with widespread and commonly | 14580 |
| recognized practice, it will not generally cause unreasonable | 14581 |
| adverse effects on the environment. | 14582 |
| (5) The classification for general or restricted use is in | 14583 |
| conformity with the federal act. | 14584 |
| The director shall not make any lack of essentiality a | 14585 |
| criterion for denying the registration of any pesticide. When two | 14586 |
| pesticides meet the requirements of division (G) of this section, | 14587 |
| the director shall not register one in preference to the other. | 14588 |
| (H)(1) The director may refuse to register a pesticide if the | 14589 |
| application for registration fails to comply with this section. | 14590 |
| (2) The director may suspend or revoke a pesticide | 14591 |
| registration after a hearing in accordance with Chapter 119. of | 14592 |
| the Revised Code for a pesticide that fails to meet the claims | 14593 |
| made for it on its label. | 14594 |
| (3) The director may immediately suspend a pesticide | 14595 |
| registration, prior to a hearing, when the director believes that | 14596 |
| the pesticide poses an immediate hazard to human or animal health | 14597 |
| or a hazard to the environment. Not later than fifteen days after | 14598 |
| suspending the registration, the director shall determine whether | 14599 |
| the pesticide poses such a hazard. If the director determines that | 14600 |
| no hazard exists, the director shall lift the suspension of the | 14601 |
| registration. If the director determines that a hazard exists, the | 14602 |
| director shall revoke the registration in accordance with Chapter | 14603 |
| 119. of the Revised Code. | 14604 |
| Sec. 921.16. (A) The director of agriculture shall adopt | 14605 |
| rules the director determines necessary for the effective | 14606 |
| enforcement and administration of this chapter. The rules may | 14607 |
| relate to, but are not limited to, the time, place, manner, and | 14608 |
| methods of application, materials, and amounts and concentrations | 14609 |
| of application of pesticides, may restrict or prohibit the use of | 14610 |
| pesticides in designated areas during specified periods of time, | 14611 |
| and shall encompass all reasonable factors that the director | 14612 |
| determines necessary to minimize or prevent damage to the | 14613 |
|
environment. In
addition, the
rules shall establish the
| 14614 |
|
deadlines | 14615 |
| renewal, late registration renewal, and failure to register under | 14616 |
| section 921.02 of the Revised Code; the fees for registration, | 14617 |
| registration renewal, late registration renewal, and failure to | 14618 |
| register under section 921.02 of the Revised Code that shall apply | 14619 |
| until the fees that are established under that section take effect | 14620 |
| on January 1, 2007; and the fees, deadlines, and time periods for | 14621 |
| licensure and license renewal under sections 921.06, 921.09, | 14622 |
|
921.11, and 921.13 of the Revised
Code. | 14623 |
| 14624 | |
| 14625 | |
| 14626 | |
| 14627 | |
| 14628 |
| (B) The director shall adopt rules that establish a schedule | 14629 |
| of civil penalties for violations of this chapter, or any rule or | 14630 |
| order adopted or issued under it, provided that the civil penalty | 14631 |
| for a first violation shall not exceed five thousand dollars and | 14632 |
| the civil penalty for each subsequent violation shall not exceed | 14633 |
| ten thousand dollars. In determining the amount of a civil penalty | 14634 |
| for a violation, the director shall consider factors relevant to | 14635 |
| the severity of the violation, including past violations and the | 14636 |
| amount of actual or potential damage to the environment or to | 14637 |
| human beings. | 14638 |
| (C) The director shall adopt rules that set forth the | 14639 |
| conditions under which the director: | 14640 |
| (1) Requires that notice or posting be given of a proposed | 14641 |
| application of a pesticide; | 14642 |
| (2) Requires inspection, condemnation, or repair of equipment | 14643 |
| used to apply a pesticide; | 14644 |
| (3) Will suspend, revoke, or refuse to issue any pesticide | 14645 |
| registration for a violation of this chapter; | 14646 |
| (4) Requires safe handling, transportation, storage, display, | 14647 |
| distribution, and disposal of pesticides and their containers; | 14648 |
| (5) Ensures the protection of the health and safety of | 14649 |
| agricultural workers storing, handling, or applying pesticides, | 14650 |
| and all residents of agricultural labor camps, as that term is | 14651 |
| defined in section 3733.41 of the Revised Code, who are living or | 14652 |
| working in the vicinity of pesticide-treated areas; | 14653 |
| (6) Requires a record to be kept of all pesticide | 14654 |
| applications made by each commercial applicator and by any trained | 14655 |
| serviceperson acting under the commercial applicator's direct | 14656 |
| supervision and of all restricted use pesticide applications made | 14657 |
| by each private applicator and by any immediate family member or | 14658 |
| subordinate employee of that private applicator who is acting | 14659 |
| under the private applicator's direct supervision as required | 14660 |
| under section 921.14 of the Revised Code; | 14661 |
| (7) Determines the pesticide-use categories of diagnostic | 14662 |
| inspections that must be conducted by a commercial applicator; | 14663 |
| (8) Requires a record to be kept of all diagnostic | 14664 |
| inspections conducted by each commercial applicator and by any | 14665 |
| trained service person. | 14666 |
| (D) The director shall prescribe standards for the licensure | 14667 |
| of applicators of pesticides consistent with those prescribed by | 14668 |
| the federal act and the regulations adopted under it or prescribe | 14669 |
| standards that are more restrictive than those prescribed by the | 14670 |
| federal act and the regulations adopted under it. The standards | 14671 |
| may relate to the use of a pesticide or to an individual's | 14672 |
| pesticide-use category. | 14673 |
| The director shall take into consideration standards of the | 14674 |
| United States environmental protection agency. | 14675 |
| (E) The director may adopt rules setting forth the conditions | 14676 |
| under which the director will: | 14677 |
| (1) Collect and examine samples of pesticides or devices; | 14678 |
| (2) Specify classes of devices that shall be subject to this | 14679 |
| chapter; | 14680 |
| (3) Prescribe other necessary registration information. | 14681 |
| (F) The director may adopt rules that do either or both of | 14682 |
| the following: | 14683 |
| (1) Designate, in addition to those restricted uses so | 14684 |
| classified by the administrator of the United States environmental | 14685 |
| protection agency, restricted uses of pesticides for the state or | 14686 |
| for designated areas within the state and, if the director | 14687 |
| considers it necessary, to further restrict such use; | 14688 |
| (2) Define what constitutes "acting under the instructions | 14689 |
| and control of a commercial applicator" as used in the definition | 14690 |
| of "direct supervision" in division (Q)(1) of section 921.01 of | 14691 |
| the Revised Code. In adopting a rule under division (F)(2) of this | 14692 |
| section, the director shall consider the factors associated with | 14693 |
| the use of pesticide in the various pesticide-use categories. | 14694 |
| Based on consideration of the factors, the director may define | 14695 |
| "acting under the instructions and control of a commercial | 14696 |
| applicator" to include communications between a commercial | 14697 |
| applicator and a trained serviceperson that are conducted via | 14698 |
| landline telephone or a means of wireless communication. Any rules | 14699 |
| adopted under division (F)(2) of this section shall be drafted in | 14700 |
| consultation with representatives of the pesticide industry. | 14701 |
| (G) Except as provided in division (D) of this section, the | 14702 |
| director shall not adopt any rule under this chapter that is | 14703 |
| inconsistent with the requirements of the federal act and | 14704 |
| regulations adopted thereunder. | 14705 |
| (H) The director, after notice and opportunity for hearing, | 14706 |
| may declare as a pest any form of plant or animal life, other than | 14707 |
| human beings and other than bacteria, viruses, and other | 14708 |
| microorganisms on or in living human beings or other living | 14709 |
| animals, that is injurious to health or the environment. | 14710 |
| (I) The director may make reports to the United States | 14711 |
| environmental protection agency, in the form and containing the | 14712 |
| information the agency may require. | 14713 |
| (J) The director shall adopt rules for the application, use, | 14714 |
| storage, and disposal of pesticides if, in the director's | 14715 |
| judgment, existing programs of the United States environmental | 14716 |
| protection agency necessitate such rules or pesticide labels do | 14717 |
| not sufficiently address issues or situations identified by the | 14718 |
| department of agriculture or interested state agencies. | 14719 |
| (K) The director shall adopt rules establishing all of the | 14720 |
| following: | 14721 |
| (1) Standards, requirements, and procedures for the | 14722 |
| examination and re-examination of commercial applicators and | 14723 |
| private applicators; | 14724 |
| (2) With respect to training programs that the director may | 14725 |
| require commercial applicators and private applicators to | 14726 |
| complete: | 14727 |
| (a) Standards and requirements that a training program must | 14728 |
| satisfy in order to be offered by the director or the director's | 14729 |
| representative or in order to be approved by the director if a | 14730 |
| third party wishes to offer it; | 14731 |
| (b) Eligibility standards and requirements that must be | 14732 |
| satisfied by third parties who wish to provide the training | 14733 |
| programs; | 14734 |
| (c) Procedures that third parties must follow in order to | 14735 |
| submit a proposed training program to the director for approval; | 14736 |
| (d) Criteria that the director must consider when determining | 14737 |
| whether to authorize a commercial applicator or private applicator | 14738 |
| to participate in a training program instead of being required to | 14739 |
| pass a re-examination. | 14740 |
| (3) Training requirements for a trained serviceperson. | 14741 |
| (L) The director shall adopt all rules under this chapter in | 14742 |
| accordance with Chapter 119. of the Revised Code. | 14743 |
| Sec. 923.44. (A)(1) Except as otherwise provided in | 14744 |
| divisions (A)(2), (3), and (4) of this section, the first | 14745 |
| distributor of a commercial feed shall pay the director of | 14746 |
|
agriculture a semiannual inspection fee at the rate of | 14747 |
| twenty-five cents
per ton, with a minimum payment of | 14748 |
| twenty-five dollars, on all commercial
feeds distributed by | 14749 |
| the first distributor in this state. | 14750 |
| (2) The semiannual inspection fee required under division | 14751 |
| (A)(1) of this section shall not be paid by the first distributor | 14752 |
| of a commercial feed if the distribution is made to an exempt | 14753 |
| buyer who shall be responsible for the fee. The director shall | 14754 |
| establish an exempt list consisting of those buyers who are | 14755 |
| responsible for the fee. | 14756 |
| (3) The semiannual inspection fee shall not be paid on a | 14757 |
| commercial feed if the fee has been paid by a previous | 14758 |
| distributor. | 14759 |
| (4) The semiannual inspection fee shall not be paid on | 14760 |
| customer-formula feed if the fee has been paid on the commercial | 14761 |
|
feeds | 14762 |
| feed. | 14763 |
| (B) Each distributor or exempt buyer who is required to pay a | 14764 |
| fee under division (A)(1) or (2) of this section shall file a | 14765 |
| semiannual statement with the director that includes the number of | 14766 |
| net tons of commercial feed distributed by | 14767 |
| exempt buyer in this state, within thirty days after the thirtieth | 14768 |
| day of June and within thirty days after the thirty-first day of | 14769 |
| December, respectively, of each calendar year. | 14770 |
| The inspection fee at the rate stated in division (A)(1) of | 14771 |
| this section shall accompany the statement. For a tonnage report | 14772 |
| that is not filed or payment of inspection fees that is not made | 14773 |
| within fifteen days after the due date, a penalty of ten per cent | 14774 |
| of the amount due, with a minimum penalty of fifty dollars shall | 14775 |
| be assessed against the distributor or exempt buyer. The amount of | 14776 |
| fees due, plus penalty, shall constitute a debt and become the | 14777 |
| basis of a judgment against the distributor or exempt buyer. | 14778 |
| (C) No information furnished under this section shall be | 14779 |
| disclosed by an employee of the department of agriculture in such | 14780 |
| a way as to divulge the operation of any person required to make | 14781 |
| such a report. | 14782 |
| Sec. 923.45. The director of agriculture | 14783 |
| 14784 | |
| proper: | 14785 |
| (A) Information concerning the sale of commercial feed, | 14786 |
| including any
production and use data | 14787 |
| advisable, provided that the data does not disclose the operation | 14788 |
| of any manufacturer or distributor; | 14789 |
| (B) A comparison of the analyses of official samples of | 14790 |
| commercial feeds distributed in this state with the guaranteed | 14791 |
| analyses on the label. | 14792 |
| Sec. 923.46. All moneys collected by the director of | 14793 |
| agriculture under sections 923.41 to 923.55 of the Revised Code | 14794 |
| shall be deposited into the state treasury to the credit of the | 14795 |
| commercial feed, fertilizer, seed, and lime inspection and | 14796 |
| laboratory fund created in section 905.38 of the Revised Code. | 14797 |
| 14798 | |
| 14799 | |
| 14800 |
| The director shall prepare and provide a report concerning | 14801 |
| the fund in accordance with section 905.381 of the Revised Code. | 14802 |
| Sec. 926.01. As used in this chapter: | 14803 |
| (A) "Agricultural commodity" means barley, corn, oats, rye, | 14804 |
| grain sorghum, soybeans, wheat, sunflower, speltz, or any other | 14805 |
| agricultural crop | 14806 |
| designate by rule. "Agricultural commodity" does not mean any | 14807 |
| grain that is purchased for sale as seed. | 14808 |
| (B) "Agricultural commodity handling" or "handling" means any | 14809 |
| of the following: | 14810 |
| (1) Engaging in or participating in the business of | 14811 |
|
purchasing | 14812 |
| 14813 | |
| 14814 |
| | 14815 |
| excess of thirty thousand bushels annually; | 14816 |
| | 14817 |
| 14818 |
| | 14819 |
| 14820 | |
| 14821 |
| (2) Operating a warehouse as a bailee for the receiving, | 14822 |
| storing, shipping, or conditioning of an agricultural commodity; | 14823 |
| (3) Receiving into a warehouse an agricultural commodity | 14824 |
| purchased under a delayed price agreement; | 14825 |
| (4) Providing marketing functions, including storage, delayed | 14826 |
| price marketing, deferred payment, feed agreements, or any other | 14827 |
| marketing transaction whereby control is exerted over the monetary | 14828 |
| proceeds of a producer's agricultural commodities by a person | 14829 |
| other than the producer. | 14830 |
| (C) "Agricultural commodity handler" or "handler" means any | 14831 |
| person who is engaged in the business of agricultural commodity | 14832 |
| handling. | 14833 |
| 14834 | |
| 14835 | |
| 14836 |
| | 14837 |
| | 14838 |
| 14839 |
| | 14840 |
| 14841 | |
| 14842 | |
| 14843 | |
| 14844 | |
| 14845 | |
| 14846 | |
| 14847 |
| (D) "Depositor" means: | 14848 |
| (1) Any person who delivers an agricultural commodity to a | 14849 |
| licensed handler for storage, conditioning, shipment, or sale; | 14850 |
| (2) Any owner or legal holder of a ticket or receipt issued | 14851 |
| for an agricultural commodity who is a creditor of the licensed | 14852 |
| handler for the value of the agricultural commodity; | 14853 |
| (3) Any licensed handler storing an agricultural commodity | 14854 |
| that the licensed handler owns solely, jointly, or in common with | 14855 |
| others in a warehouse owned or controlled by the licensed handler | 14856 |
| or any other licensed handler. | 14857 |
| (E) "Receipt" means a warehouse receipt issued by a licensed | 14858 |
| handler. | 14859 |
| (F) "Nonnegotiable receipt" means a receipt on which it is | 14860 |
| stated that the agricultural commodity received will be delivered | 14861 |
| to the depositor or to the order of any other person named in the | 14862 |
| receipt. | 14863 |
| (G) "Negotiable receipt" means a receipt on which it is | 14864 |
| stated that the agricultural commodity received will be delivered | 14865 |
| to the bearer or to the order of any person named in the receipt. | 14866 |
| (H) "Ticket" means a scale weight ticket, a load slip, or any | 14867 |
| evidence, other than a receipt, given to a depositor by a licensed | 14868 |
| handler upon delivery of an agricultural commodity to the handler. | 14869 |
| (I) "Warehouse" means any building, bin, protected enclosure, | 14870 |
| or similar premises under the control of a licensed or unlicensed | 14871 |
| handler used for receiving, storing, shipping, or handling an | 14872 |
| agricultural commodity. | 14873 |
| (J) "Storage" means the deposit of an agricultural commodity | 14874 |
| into a warehouse either for the account of the licensed handler | 14875 |
| operating the warehouse or for the account of a depositor. | 14876 |
| (K) "Producer" means any person who grows an agricultural | 14877 |
| commodity on land that the person owns or leases. | 14878 |
| (L) "Agent" means any person, other than a producer, who | 14879 |
| delivers an agricultural commodity to a licensed handler, either | 14880 |
| for sale or for storage, for the account of the producer. | 14881 |
| (M) "Agricultural commodity tester" or "tester" means a | 14882 |
| person who operates a moisture meter and other quality testing | 14883 |
| devices to determine the quality of an agricultural commodity. | 14884 |
| (N) "Federally licensed grain inspector" means a person who | 14885 |
| is licensed by the United States department of agriculture under | 14886 |
| the "United States Grain Standards Act," 39 Stat. 482 (1916), 7 | 14887 |
| U.S.C. 71, as amended, to test and grade grain, as "grain" is | 14888 |
| defined in that act. | 14889 |
| (O) "Bailee" means a person to whom an agricultural commodity | 14890 |
| is delivered in trust for storage in a warehouse with title | 14891 |
| remaining in the name of the depositor. | 14892 |
| (P) "Bailor" means a person who delivers an agricultural | 14893 |
| commodity to a bailee in trust for storage in a warehouse with | 14894 |
| title remaining in the name of the depositor. | 14895 |
| (Q) "Bailment agreement" means a bailor-bailee agreement | 14896 |
| between a depositor and a licensed handler as stated in the terms | 14897 |
| of a receipt that is issued for an agricultural commodity in | 14898 |
| storage and subject to the requirements of this chapter governing | 14899 |
| the use of a receipt. | 14900 |
| (R) "Delayed price agreement" means a written executory | 14901 |
| contract executed by and between a licensed handler and a | 14902 |
| depositor that covers the sale and transfer of title of an | 14903 |
| agricultural commodity and states in its written terms the service | 14904 |
| charges and the method for pricing the commodity at a later date. | 14905 |
| (S) "Delayed price marketing" means the sale and transfer of | 14906 |
| title of an agricultural commodity with the price to be | 14907 |
| established at a later date according to the terms of a delayed | 14908 |
| price agreement. | 14909 |
| (T) "Deferred payment" means the deferral of payment to a | 14910 |
| depositor by a licensed handler for an agricultural commodity to | 14911 |
| which the licensed handler has taken title, for the purpose of | 14912 |
| deferring income of the depositor from one tax year to another. | 14913 |
| (U) "Feed agreement" means a written contract executed by and | 14914 |
| between a licensed handler and a producer or depositor who | 14915 |
| delivers an agricultural commodity to the licensed handler for | 14916 |
| storage whereby each of the following applies: | 14917 |
| (1) The producer or depositor transfers title to the | 14918 |
| agricultural commodity to the licensed handler in exchange for a | 14919 |
| nominal sum; | 14920 |
| (2) The producer, upon delivery of the agricultural commodity | 14921 |
| to the licensed handler, becomes a creditor of the licensed | 14922 |
| handler due to the lien that arises under section 926.021 of the | 14923 |
| Revised Code; | 14924 |
| (3) All or part of the agricultural commodity is returned to | 14925 |
| the producer at a later date and used for feed purposes. | 14926 |
| (V) Notwithstanding section 1.02 of the Revised Code, "and" | 14927 |
| shall not be read "or" and "or" shall not be read "and." | 14928 |
| Sec. 927.69. To effect the purpose of sections 927.51 to | 14929 |
| 927.74 of the Revised Code, the director of agriculture or the | 14930 |
| director's authorized representative may: | 14931 |
| (A) Make reasonable inspection of any premises in this state | 14932 |
| and any property therein or thereon; | 14933 |
| (B) Stop and inspect in a reasonable manner, any means of | 14934 |
| conveyance moving within this state upon probable cause to believe | 14935 |
| it contains or carries any pest, host, commodity, or other article | 14936 |
| that is subject to sections 927.51 to 927.72 of the Revised Code; | 14937 |
| (C) Conduct inspections of agricultural products that are | 14938 |
| required by other states, the United States department of | 14939 |
| agriculture, other federal agencies, or foreign countries to | 14940 |
| determine whether the products are infested. If, upon making such | 14941 |
| an inspection, the director or the director's authorized | 14942 |
| representative determines that an agricultural product is not | 14943 |
| infested, the director or the director's authorized representative | 14944 |
| may issue a certificate, as required by other states, the United | 14945 |
| States department of agriculture, other federal agencies, or | 14946 |
| foreign countries, indicating that the product is not infested. | 14947 |
| If the director charges fees for any of the certificates, | 14948 |
| agreements, or inspections specified in this section, the fees | 14949 |
| shall be as follows: | 14950 |
| (1) Phyto sanitary certificates, twenty-five dollars; | 14951 |
| (2) Compliance agreements, twenty dollars; | 14952 |
| (3) Solid wood packing certificates, twenty dollars; | 14953 |
| (4) Agricultural products and their conveyances inspections, | 14954 |
| 14955 | |
| the highest step in the pay range, including fringe benefits, of a | 14956 |
| plant pest control specialist multiplied by the number of hours | 14957 |
| worked by such a specialist in conducting an inspection. | 14958 |
| The director may adopt rules under section 927.52 of the | 14959 |
| Revised Code that define the certificates, agreements, and | 14960 |
| inspections. | 14961 |
| The fees shall be deposited into the state treasury to the | 14962 |
| credit of the pesticide program fund created in Chapter 921. of | 14963 |
| the Revised Code. Money credited to the fund shall be used to pay | 14964 |
| the costs incurred by the department of agriculture in | 14965 |
| administering this chapter, including employing a minimum of two | 14966 |
| additional inspectors. | 14967 |
| Sec. 1111.04. (A) Prior to soliciting or engaging in trust | 14968 |
| business in this state, a trust company shall pledge to the | 14969 |
| treasurer of state interest bearing securities authorized in | 14970 |
| division (B) of this section, having a par value, not including | 14971 |
| unaccrued interest, of one hundred thousand dollars, and approved | 14972 |
| by the superintendent of financial institutions. The trust company | 14973 |
| may pledge the securities either by delivery to the treasurer of | 14974 |
| state or by placing the securities with a qualified trustee for | 14975 |
| safekeeping to the account of the treasurer of state, the | 14976 |
| corporate fiduciary, and any other person having an interest in | 14977 |
| the securities under Chapter 1109. of the Revised Code, as their | 14978 |
| respective interests may appear and be asserted by written notice | 14979 |
| to or demand upon the qualified trustee or by order of judgment of | 14980 |
| a court. | 14981 |
| (B) Securities pledged by a trust company to satisfy the | 14982 |
| requirements of division (A) of this section shall be one or more | 14983 |
| of the following: | 14984 |
| (1) Bonds, notes, or other obligations of or guaranteed by | 14985 |
| the United States or for which the full faith and credit of the | 14986 |
| United States is pledged for the payment of principal and | 14987 |
| interest; | 14988 |
| (2) Bonds, notes, debentures, or other obligations or | 14989 |
| securities issued by any agency or instrumentality of the United | 14990 |
| States; | 14991 |
| (3) General obligations of this or any other state of the | 14992 |
| United States or any subdivision of this or any other state of the | 14993 |
| United States. | 14994 |
| (C) The treasurer of state shall accept delivery of | 14995 |
| securities pursuant to this section when accompanied by the | 14996 |
| superintendent's approval of the securities or the written receipt | 14997 |
| of a qualified trustee describing the securities and showing the | 14998 |
| superintendent's approval of the securities, and shall issue a | 14999 |
| written acknowledgment of the delivery of the securities or the | 15000 |
| qualified trustee's receipt and the superintendent's approval to | 15001 |
| the trust company. | 15002 |
| (D) The superintendent shall approve securities to be pledged | 15003 |
| by a trust company pursuant to this section if the securities are | 15004 |
| all of the following: | 15005 |
| (1) Interest bearing and of the value required by division | 15006 |
| (A) of this section; | 15007 |
| (2) Of one or more of the kinds authorized by division (B) of | 15008 |
| this section and not a derivative of or merely an interest in any | 15009 |
| of those securities; | 15010 |
| (3) Not in default. | 15011 |
| (E) The treasurer of state shall, with the approval of the | 15012 |
| superintendent, permit a trust company to pledge securities in | 15013 |
| substitution for securities pledged pursuant to this section and | 15014 |
| the withdrawal of the securities substituted for so long as the | 15015 |
| securities remaining pledged satisfy the requirements of division | 15016 |
| (A) of this section. The treasurer of state shall permit a trust | 15017 |
| company to collect interest paid on securities pledged pursuant to | 15018 |
| this section so long as the trust company is solvent. The | 15019 |
| treasurer of state shall, with the approval of the superintendent, | 15020 |
| permit a trust company to withdraw securities pledged pursuant to | 15021 |
| this section when the trust company has ceased to solicit or | 15022 |
| engage in trust business in this state. | 15023 |
| (F) For purposes of this section, a qualified trustee is a | 15024 |
| federal reserve bank located in this state, a branch of a federal | 15025 |
| reserve bank located in this state regardless of where the branch | 15026 |
| is located, a federal home loan bank, or a trust company as | 15027 |
| defined in section 1101.01 of the Revised Code, except a trust | 15028 |
| company may not act as a qualified trustee for securities it or | 15029 |
| any of its affiliates is pledging pursuant to this section. | 15030 |
| (G) The superintendent, with the approval of the treasurer of | 15031 |
| state and the attorney general, shall prescribe the form of all | 15032 |
| receipts and acknowledgments provided for by this section, and | 15033 |
| upon request shall furnish a copy of each form, with the | 15034 |
| superintendent's certification attached, to each qualified trustee | 15035 |
| eligible to hold securities for safekeeping under this section. | 15036 |
| Sec. 1327.511. All money collected under section 1327.50 of | 15037 |
| the Revised Code for services rendered by the department of | 15038 |
| agriculture in operating the type evaluation program shall be | 15039 |
| deposited in the state treasury to the credit of the metrology and | 15040 |
| scale certification fund, which is hereby created. Money credited | 15041 |
| to the fund shall be used to pay operating costs incurred by the | 15042 |
| department in administering the program. | 15043 |
| Sec. 1502.02. (A) There is hereby created in the department | 15044 |
| of natural resources the division of recycling and litter | 15045 |
| prevention to be headed by the chief of recycling and litter | 15046 |
| prevention. | 15047 |
| (B) There is hereby created in the state treasury the | 15048 |
| recycling and litter prevention fund, consisting of moneys | 15049 |
| distributed to it from fees, including the fee levied under | 15050 |
| division (A)(2) of section 3714.073 of the Revised Code, gifts, | 15051 |
| donations, grants, reimbursements, and other sources, including | 15052 |
| investment earnings. | 15053 |
| (C) The chief of recycling and litter prevention shall do all | 15054 |
| of the following: | 15055 |
| (1) Use moneys credited to the fund exclusively for the | 15056 |
| purposes set forth in sections 1502.03, 1502.04, and 1502.05 of | 15057 |
| the Revised Code, with particular emphasis on programs relating to | 15058 |
| recycling; | 15059 |
| (2) Expend for administration of the division not more than | 15060 |
| ten per cent of any fiscal year's appropriation to the division, | 15061 |
| excluding the amount assessed to the division for direct and | 15062 |
| indirect central support charges; | 15063 |
| (3) Require recipients of grants under section 1502.05 of the | 15064 |
| Revised Code, as a condition of receiving and retaining them, to | 15065 |
| do all of the following: | 15066 |
| (a) Create a separate account for the grants and any cash | 15067 |
| donations received that qualify for the donor credit allowed by | 15068 |
| section 5733.064 of the Revised Code; | 15069 |
| (b) Make expenditures from the account exclusively for the | 15070 |
| purposes for which the grants were received; | 15071 |
| (c) Use any auditing and accounting practices the chief | 15072 |
| considers necessary regarding the account; | 15073 |
| (d) Report to the chief information regarding the amount and | 15074 |
| donor of cash donations received as described by section 5733.064 | 15075 |
| of the Revised Code; | 15076 |
| (e) Use grants received to supplement and not to replace any | 15077 |
| existing funding for such purposes. | 15078 |
| (4) Report to the tax commissioner information the chief | 15079 |
| receives pursuant to division (C)(3)(d) of this section. | 15080 |
| Sec. 1509.06. (A) An application for a permit to drill a new | 15081 |
| well, drill an existing well deeper, reopen a well, convert a well | 15082 |
| to any use other than its original purpose, or plug back a well to | 15083 |
| a different source of supply shall be filed with the chief of the | 15084 |
| division of mineral resources management upon such form as the | 15085 |
| chief prescribes and shall contain each of the following that is | 15086 |
| applicable: | 15087 |
| | 15088 |
| corporation, the name and address of the statutory agent; | 15089 |
| | 15090 |
| agent. When an authorized agent signs an application, it shall be | 15091 |
| accompanied by a certified copy of the appointment as such agent. | 15092 |
| | 15093 |
| royalty interest in the tract upon which the well is located or is | 15094 |
| to be drilled or within a proposed drilling unit; | 15095 |
| | 15096 |
| the well is located or is to be drilled identified by section or | 15097 |
| lot number, city, village, township, and county; | 15098 |
| | 15099 |
| | 15100 |
| proposed total depth of the well; | 15101 |
| | 15102 |
| | 15103 |
| of the geological formation to be used as the injection zone and | 15104 |
| the composition of the liquid to be injected; | 15105 |
| | 15106 |
| sworn statement that the applicant has provided notice of the | 15107 |
| application to the owner of each occupied dwelling unit that is | 15108 |
| located within five hundred feet of the surface location of the | 15109 |
| well if the surface location will be less than five hundred feet | 15110 |
| from the boundary of the drilling unit and more than fifteen | 15111 |
| occupied dwelling units are located less than five hundred feet | 15112 |
| from the surface location of the well, excluding any dwelling that | 15113 |
| is located on real property all or any portion of which is | 15114 |
| included in the drilling unit. The notice shall contain a | 15115 |
| statement that an application has been filed with the division of | 15116 |
| mineral resources management, identify the name of the applicant | 15117 |
| and the proposed well location, include the name and address of | 15118 |
| the division, and contain a statement that comments regarding the | 15119 |
| application may be sent to the division. The notice may be | 15120 |
| provided by hand delivery or regular mail. The identity of the | 15121 |
| owners of occupied dwelling units shall be determined using the | 15122 |
| tax records of the municipal corporation or county in which the | 15123 |
| dwelling unit is located as of the date of the notice. | 15124 |
| | 15125 |
| by drilling operations. The plan shall provide for compliance with | 15126 |
| the restoration requirements of division (A) of section 1509.072 | 15127 |
| of the Revised Code and any rules adopted by the chief pertaining | 15128 |
| to that restoration. | 15129 |
| | 15130 |
| township, and municipal corporation roads, streets, and highways | 15131 |
| that the applicant anticipates will be used for access to and | 15132 |
| egress from the well site; | 15133 |
| | 15134 |
| prescribes by rule. | 15135 |
| Each application shall be accompanied by a map, on a scale | 15136 |
| not smaller than four hundred feet to the inch, prepared by an | 15137 |
| Ohio registered surveyor, showing the location of the well and | 15138 |
| containing such other data as may be prescribed by the chief. If | 15139 |
| the well is or is to be located within the excavations and | 15140 |
| workings of a mine, the map also shall include the location of the | 15141 |
| mine, the name of the mine, and the name of the person operating | 15142 |
| the mine. | 15143 |
| (B) The chief shall cause a copy of the weekly circular | 15144 |
| prepared by the division to be provided to the county engineer of | 15145 |
| each county that contains active or proposed drilling activity. | 15146 |
| The weekly circular shall contain, in the manner prescribed by the | 15147 |
| chief, the names of all applicants for permits, the location of | 15148 |
| each well or proposed well, the information required by division | 15149 |
| 15150 | |
| chief prescribes. In addition, the chief promptly shall transfer | 15151 |
| an electronic copy or facsimile, or if those methods are not | 15152 |
| available to a municipal corporation or township, a copy via | 15153 |
| regular mail, of a drilling permit application to the clerk of the | 15154 |
| legislative authority of the municipal corporation or to the clerk | 15155 |
| of the township in which the well or proposed well is or is to be | 15156 |
| located if the legislative authority of the municipal corporation | 15157 |
| or the board of township trustees has asked to receive copies of | 15158 |
| such applications and the appropriate clerk has provided the chief | 15159 |
| an accurate, current electronic mailing address or facsimile | 15160 |
| number, as applicable. | 15161 |
| (C) The chief shall not issue a permit for at least ten days | 15162 |
| after the date of filing of the application for the permit unless, | 15163 |
| upon reasonable cause shown, the chief waives that period or a | 15164 |
| request for expedited review is filed under this section. However, | 15165 |
| the chief shall issue a permit within twenty-one days of the | 15166 |
| filing of the application unless the chief denies the application | 15167 |
| by order. | 15168 |
| (D) An applicant may file a request with the chief for | 15169 |
| expedited review of a permit application if the well is not or is | 15170 |
| not to be located in a gas storage reservoir or reservoir | 15171 |
| protective area, as "reservoir protective area" is defined in | 15172 |
| section 1571.01 of the Revised Code. If the well is or is to be | 15173 |
| located in a coal bearing township, the application shall be | 15174 |
| accompanied by the affidavit of the landowner prescribed in | 15175 |
| section 1509.08 of the Revised Code. | 15176 |
| In addition to a complete application for a permit that meets | 15177 |
| the requirements of this section and the permit fee prescribed by | 15178 |
| this section, a request for expedited review shall be accompanied | 15179 |
| by a separate nonrefundable filing fee of five hundred dollars. | 15180 |
| Upon the filing of a request for expedited review, the chief shall | 15181 |
| cause the county engineer of the county in which the well is or is | 15182 |
| to be located to be notified of the filing of the permit | 15183 |
| application and the request for expedited review by telephone or | 15184 |
| other means that in the judgment of the chief will provide timely | 15185 |
| notice of the application and request. The chief shall issue a | 15186 |
| permit within seven days of the filing of the request unless the | 15187 |
| chief denies the application by order. Notwithstanding the | 15188 |
| provisions of this section governing expedited review of permit | 15189 |
| applications, the chief may refuse to accept requests for | 15190 |
| expedited review if, in the chief's judgment, the acceptance of | 15191 |
| the requests would prevent the issuance, within twenty-one days of | 15192 |
| their filing, of permits for which applications are pending. | 15193 |
| (E) A well shall be drilled and operated in accordance with | 15194 |
| the plans, sworn statements, and other information submitted in | 15195 |
| the approved application. | 15196 |
| (F) The chief shall issue an order denying a permit if the | 15197 |
| chief finds that there is a substantial risk that the operation | 15198 |
| will result in violations of this chapter or rules adopted under | 15199 |
| it that will present an imminent danger to public health or safety | 15200 |
| or damage to the environment, provided that where the chief finds | 15201 |
| that terms or conditions to the permit can reasonably be expected | 15202 |
| to prevent such violations, the chief shall issue the permit | 15203 |
| subject to those terms or conditions, including, if applicable, | 15204 |
| terms and conditions regarding subjects identified in rules | 15205 |
| adopted under section 1509.03 of the Revised Code. | 15206 |
| (G) Each application for a permit required by section 1509.05 | 15207 |
| of the Revised Code, except an application to plug back an | 15208 |
| existing well that is required by that section and an application | 15209 |
| for a well drilled or reopened for purposes of section 1509.22 of | 15210 |
| the Revised Code, also shall be accompanied by a nonrefundable fee | 15211 |
| 15212 |
| (1) Two hundred fifty dollars for a permit to conduct | 15213 |
| activities in a township with a population of fewer than five | 15214 |
| thousand; | 15215 |
| (2) Five hundred dollars for a permit to conduct activities | 15216 |
| in a township with a population of five thousand or more, but | 15217 |
| fewer than ten thousand; | 15218 |
| (3) Seven hundred fifty dollars for a permit to conduct | 15219 |
| activities in a township with a population of ten thousand or | 15220 |
| more, but fewer than fifteen thousand; | 15221 |
| (4) One thousand dollars for a permit to conduct activities | 15222 |
| in either of the following: | 15223 |
| (a) A township with a population of fifteen thousand or more; | 15224 |
| (b) A municipal corporation regardless of population. | 15225 |
| For purposes of calculating fee amounts, populations shall be | 15226 |
| determined using the most recent federal decennial census. | 15227 |
| Each application for the revision or reissuance of a permit | 15228 |
| shall be accompanied by a nonrefundable fee of two hundred fifty | 15229 |
| dollars. | 15230 |
| (H) The chief may order the immediate suspension of drilling, | 15231 |
| operating, or plugging activities after finding that any person is | 15232 |
| causing, engaging in, or maintaining a condition or activity that | 15233 |
| in the chief's judgment presents an imminent danger to public | 15234 |
| health or safety or results in or is likely to result in immediate | 15235 |
|
substantial damage to natural resources or for
nonpayment of | 15236 |
| fee required by this section. The chief may order the immediate | 15237 |
| suspension of the drilling or reopening of a well in a coal | 15238 |
| bearing township after determining that the drilling or reopening | 15239 |
| activities present an imminent and substantial threat to public | 15240 |
| health or safety or to miners' health or safety. Before issuing | 15241 |
| any such order, the chief shall notify the owner in such manner as | 15242 |
| in the chief's judgment would provide reasonable notification that | 15243 |
| the chief intends to issue a suspension order. The chief may issue | 15244 |
| such an order without prior notification if reasonable attempts to | 15245 |
| notify the owner have failed, but in such an event notification | 15246 |
| shall be given as soon thereafter as practical. Within five | 15247 |
| calendar days after the issuance of the order, the chief shall | 15248 |
| provide the owner an opportunity to be heard and to present | 15249 |
| evidence that the condition or activity is not likely to result in | 15250 |
| immediate substantial damage to natural resources or does not | 15251 |
| present an imminent danger to public health or safety or to | 15252 |
| miners' health or safety, if applicable. In the case of activities | 15253 |
| in a coal bearing township, if the chief, after considering | 15254 |
| evidence presented by the owner, determines that the activities do | 15255 |
| not present such a threat, the chief shall revoke the suspension | 15256 |
| order. Notwithstanding any provision of this chapter, the owner | 15257 |
| may appeal a suspension order directly to the court of common | 15258 |
| pleas of the county in which the activity is located or, if in a | 15259 |
| coal bearing township, to the reclamation commission under section | 15260 |
| 1513.13 of the Revised Code. | 15261 |
| Sec. 1509.072. No oil or gas well owner or agent of an oil | 15262 |
| or gas well owner shall fail to restore the land surface within | 15263 |
| the area disturbed in siting, drilling, completing, and producing | 15264 |
| the well as required in this section. | 15265 |
| (A) Within five months after the date upon which the surface | 15266 |
| drilling of a well is commenced, the owner or the owner's agent, | 15267 |
| in accordance with the restoration plan filed under division | 15268 |
| 15269 | |
| the pits for containing brine, other waste substances resulting, | 15270 |
| obtained, or produced in connection with exploration or drilling | 15271 |
| for, or production of, oil or gas, or oil that are not required by | 15272 |
| other state or federal law or regulation, and remove all concrete | 15273 |
| bases, drilling supplies, and drilling equipment. Within nine | 15274 |
| months after the date upon which the surface drilling of a well is | 15275 |
| commenced, the owner or the owner's agent shall grade or terrace | 15276 |
| and plant, seed, or sod the area disturbed that is not required in | 15277 |
| production of the well where necessary to bind the soil and | 15278 |
| prevent substantial erosion and sedimentation. If the chief of the | 15279 |
| division of mineral resources management finds that a pit used for | 15280 |
| containing brine, other waste substances, or oil is in violation | 15281 |
| of section 1509.22 of the Revised Code or rules adopted or orders | 15282 |
| issued under it, the chief may require the pit to be emptied and | 15283 |
| closed before expiration of the five-month restoration period. | 15284 |
| (B) Within six months after a well that has produced oil or | 15285 |
| gas is plugged, or after the plugging of a dry hole, the owner or | 15286 |
| the owner's agent shall remove all production and storage | 15287 |
| structures, supplies, and equipment, and any oil, salt water, and | 15288 |
| debris, and fill any remaining excavations. Within that period the | 15289 |
| owner or the owner's agent shall grade or terrace and plant, seed, | 15290 |
| or sod the area disturbed where necessary to bind the soil and | 15291 |
| prevent substantial erosion and sedimentation. | 15292 |
| The owner shall be released from responsibility to perform | 15293 |
| any or all restoration requirements of this section on any part or | 15294 |
| all of the area disturbed upon the filing of a request for a | 15295 |
| waiver with and obtaining the written approval of the chief, which | 15296 |
| request shall be signed by the surface owner to certify the | 15297 |
| approval of the surface owner of the release sought. The chief | 15298 |
| shall approve the request unless the chief finds upon inspection | 15299 |
| that the waiver would be likely to result in substantial damage to | 15300 |
| adjoining property, substantial contamination of surface or | 15301 |
| underground water, or substantial erosion or sedimentation. | 15302 |
| The chief, by order, may shorten the time periods provided | 15303 |
| for under division (A) or (B) of this section if failure to | 15304 |
| shorten the periods would be likely to result in damage to public | 15305 |
| health or the waters or natural resources of the state. | 15306 |
| The chief, upon written application by an owner or an owner's | 15307 |
| agent showing reasonable cause, may extend the period within which | 15308 |
| restoration shall be completed under divisions (A) and (B) of this | 15309 |
| section, but not to exceed a further six-month period, except | 15310 |
| under extraordinarily adverse weather conditions or when essential | 15311 |
| equipment, fuel, or labor is unavailable to the owner or the | 15312 |
| owner's agent. | 15313 |
| If the chief refuses to approve a request for waiver or | 15314 |
| extension, the chief shall do so by order. | 15315 |
| Sec. 1509.31. Whenever the entire interest of an oil and gas | 15316 |
| lease is assigned or otherwise transferred, the assignor or | 15317 |
| transferor shall notify the holders of the royalty interests, and, | 15318 |
| if a well or wells exist on the lease, the division of mineral | 15319 |
| resources management, of the name and address of the assignee or | 15320 |
| transferee by certified mail, return receipt requested, not later | 15321 |
| than thirty days after the date of the assignment or transfer. | 15322 |
| When notice of any such assignment or transfer is required to be | 15323 |
| provided to the division, it shall be provided on a form | 15324 |
| prescribed and provided by the division and verified by both the | 15325 |
| assignor or transferor and by the assignee or transferee. The | 15326 |
| notice form applicable to assignments or transfers of a well to | 15327 |
| the owner of the surface estate of the tract on which the well is | 15328 |
| located shall contain a statement informing the landowner that the | 15329 |
| well may require periodic servicing to maintain its productivity; | 15330 |
| that, upon assignment or transfer of the well to the landowner, | 15331 |
| the landowner becomes responsible for compliance with the | 15332 |
| requirements of this chapter and rules adopted under it, | 15333 |
| including, without limitation, the proper disposal of brine | 15334 |
| obtained from the well, the plugging of the well when it becomes | 15335 |
| incapable of producing oil or gas, and the restoration of the well | 15336 |
| site; and that, upon assignment or transfer of the well to the | 15337 |
| landowner, the landowner becomes responsible for the costs of | 15338 |
| compliance with the requirements of this chapter and rules adopted | 15339 |
| under it and the costs for operating and servicing the well. | 15340 |
| The owner holding a permit under section 1509.05 of the | 15341 |
| Revised Code is responsible for all obligations and liabilities | 15342 |
| imposed by this chapter and any rules, orders, and terms and | 15343 |
| conditions of a permit adopted or issued under it, and no | 15344 |
| assignment or transfer by the owner relieves the owner of the | 15345 |
| obligations and liabilities until and unless the assignee or | 15346 |
| transferee files with the division the information described in | 15347 |
|
divisions (A)(1), | 15348 |
| 15349 | |
| obtains liability insurance coverage required by section 1509.07 | 15350 |
| of the Revised Code, except when none is required by that section; | 15351 |
| and executes and files a surety bond, negotiable certificates of | 15352 |
| deposit or irrevocable letters of credit, or cash, as described in | 15353 |
| that section. Instead of a bond, but only upon acceptance by the | 15354 |
| chief of the division of mineral resources management, the | 15355 |
| assignee or transferee may file proof of financial responsibility, | 15356 |
| described in section 1509.07 of the Revised Code. Section 1509.071 | 15357 |
| of the Revised Code applies to the surety bond, cash, and | 15358 |
| negotiable certificates of deposit and irrevocable letters of | 15359 |
| credit described in this section. Unless the chief approves a | 15360 |
| modification, each assignee or transferee shall operate in | 15361 |
| accordance with the plans and information filed by the permit | 15362 |
| holder pursuant to section 1509.06 of the Revised Code. | 15363 |
| Sec. 1515.14. Within the limits of funds appropriated to the | 15364 |
| department of natural resources and the soil and water | 15365 |
| conservation district assistance fund created in this section, | 15366 |
| there shall be paid in each calendar year to each local soil and | 15367 |
| water conservation district an amount not to exceed one dollar for | 15368 |
| each one dollar received in accordance with section 1515.10 of the | 15369 |
| Revised Code, received from tax levies in excess of the ten-mill | 15370 |
| levy limitation approved for the benefit of local soil and water | 15371 |
| conservation districts, or received from an appropriation by a | 15372 |
| municipal corporation or a township to a maximum of eight thousand | 15373 |
| dollars, provided that the Ohio soil and water conservation | 15374 |
| commission may approve payment to a district in an amount in | 15375 |
| excess of eight thousand dollars in any calendar year upon receipt | 15376 |
| of a request and justification from the district. The county | 15377 |
| auditor shall credit such payments to the special fund established | 15378 |
| pursuant to section 1515.10 of the Revised Code for the local soil | 15379 |
| and water conservation district. The department may make advances | 15380 |
| at least quarterly to each district on the basis of the estimated | 15381 |
| contribution of the state to each district. Moneys received by | 15382 |
| each district shall be expended for the purposes of the district. | 15383 |
| For the purpose of providing money to soil and water | 15384 |
| conservation districts under this section, there is hereby created | 15385 |
| in the state treasury the soil and water conservation district | 15386 |
| assistance fund consisting of money credited to it under section | 15387 |
| 3714.073 of the Revised Code. | 15388 |
| Sec. 1517.02. There is hereby created in the department of | 15389 |
| natural resources the division of natural areas and preserves, | 15390 |
| which shall be administered by the chief of natural areas and | 15391 |
| preserves. The chief shall take an oath of office and shall file | 15392 |
| in the office of the secretary of state a bond signed by the chief | 15393 |
| and by a surety approved by the governor for a sum fixed pursuant | 15394 |
| to section 121.11 of the Revised Code. | 15395 |
| The chief shall administer a system of nature preserves and | 15396 |
| wild, scenic, and recreational river areas. The chief shall | 15397 |
| establish a system of nature preserves through acquisition and | 15398 |
| dedication of natural areas of state or national significance, | 15399 |
| which shall include, but not be limited to, areas
| 15400 |
| represent characteristic examples of Ohio's natural landscape | 15401 |
| types and its natural vegetation and geological history. The chief | 15402 |
| shall encourage landowners to dedicate areas of unusual | 15403 |
| significance as nature preserves, and shall establish and maintain | 15404 |
| a registry of natural areas of unusual significance. | 15405 |
| The chief may supervise, operate, protect, and maintain wild, | 15406 |
| scenic, and recreational river areas, as designated by the | 15407 |
| director of natural resources. The chief may cooperate with | 15408 |
| federal agencies administering any federal program concerning | 15409 |
| wild, scenic, or recreational river areas. | 15410 |
| | 15411 |
| 15412 | |
| 15413 | |
| 15414 | |
| 15415 | |
| 15416 |
| The chief shall do the following: | 15417 |
| (A) Formulate policies and plans for the acquisition, use, | 15418 |
| management, and protection of nature preserves; | 15419 |
| (B) Formulate policies for the selection of areas suitable | 15420 |
| for registration; | 15421 |
| (C) Formulate policies for the dedication of areas as nature | 15422 |
| preserves; | 15423 |
| (D) Prepare and maintain surveys and inventories of natural | 15424 |
| areas and habitats of rare and endangered species of plants and | 15425 |
| animals; | 15426 |
| (E) Adopt rules for the use, visitation, and protection of | 15427 |
|
nature preserves, | 15428 |
| easement, license, or lease by the department and administered by | 15429 |
|
the division, | 15430 |
|
license, or lease | 15431 |
|
division | 15432 |
| recreational river area, in accordance with Chapter 119. of the | 15433 |
| Revised Code; | 15434 |
| (F) Provide facilities and improvements within the state | 15435 |
| system of nature preserves that are necessary for their | 15436 |
| visitation, use, restoration, and protection and do not impair | 15437 |
| their natural character; | 15438 |
| (G) Provide interpretive programs and publish and disseminate | 15439 |
| information pertaining to nature preserves and natural areas for | 15440 |
| their visitation and use; | 15441 |
| (H) Conduct and grant permits to qualified persons for the | 15442 |
| conduct of scientific research and investigations within nature | 15443 |
| preserves; | 15444 |
| (I) Establish an appropriate system for marking nature | 15445 |
| preserves; | 15446 |
| (J) Publish and submit to the governor and the general | 15447 |
| assembly a biennial report of the status and condition of each | 15448 |
| nature preserve, activities conducted within each preserve, and | 15449 |
| plans and recommendations for natural area preservation. | 15450 |
| Sec. 1521.062. (A) All dams, dikes, and levees constructed | 15451 |
| in this state and not exempted by this section or by the chief of | 15452 |
| the division of water under section 1521.06 of the Revised Code | 15453 |
| shall be inspected periodically by the chief | 15454 |
| classes of dams that, in accordance with rules adopted under this | 15455 |
| section, are required to be inspected by registered professional | 15456 |
| engineers who have been approved for that purpose by the chief. | 15457 |
| The inspection shall ensure that continued operation and use of | 15458 |
| the dam, dike, or levee does not constitute a hazard to life, | 15459 |
| health, or property. Periodic inspections shall not be required of | 15460 |
| the following structures: | 15461 |
| (1) A dam that is less than ten feet in height and has a | 15462 |
| storage capacity of not more than fifty acre-feet at the elevation | 15463 |
| of the top of the dam, as determined by the chief. For the | 15464 |
| purposes of this section, the height of a dam shall be measured | 15465 |
| from the natural stream bed or lowest ground elevation at the | 15466 |
| downstream or outside limit of the dam to the elevation of the top | 15467 |
| of the dam. | 15468 |
| (2) A dam, regardless of height, that has a storage capacity | 15469 |
| of not more than fifteen acre-feet at the elevation of the top of | 15470 |
| the dam, as determined by the chief; | 15471 |
| (3) A dam, regardless of storage capacity, that is six feet | 15472 |
| or less in height, as determined by the chief; | 15473 |
| (4) A dam, dike, or levee belonging to a class exempted by | 15474 |
| the chief; | 15475 |
| (5) A dam, dike, or levee that has been exempted in | 15476 |
| accordance with rules adopted under section 1521.064 of the | 15477 |
| Revised Code. | 15478 |
| (B) In accordance with rules adopted under this section, the | 15479 |
| owner of a dam that is in a class of dams that is designated in | 15480 |
| the rules for inspection by registered professional engineers | 15481 |
| shall obtain the services of a registered professional engineer | 15482 |
| who has been approved by the chief to conduct the periodic | 15483 |
| inspection of dams pursuant to schedules and other standards and | 15484 |
| procedures established in the rules. The registered professional | 15485 |
| engineer shall prepare a report of the inspection in accordance | 15486 |
| with the rules and provide the inspection report to the dam owner | 15487 |
| who shall submit it to the chief. A dam that is designated under | 15488 |
| the rules for inspection by a registered professional engineer but | 15489 |
| that is not inspected within a five-year period may be inspected | 15490 |
| by the chief at the owner's expense. | 15491 |
| (C) Intervals between periodic inspections shall be | 15492 |
|
determined by the chief, but shall not exceed five years. | 15493 |
| 15494 | |
| 15495 |
| | 15496 |
| the chief inspects, the chief shall | 15497 |
| of | 15498 |
| levee. With regard to a dam, dike, or levee that has been | 15499 |
| inspected, either by the chief or by a registered professional | 15500 |
| engineer, and that is the subject of an inspection report prepared | 15501 |
| or received by the chief, the chief shall | 15502 |
| the owner of any required repairs, maintenance, investigations, | 15503 |
| and other remedial and operational
measures | 15504 |
| chief shall order the owner to perform such repairs, maintenance, | 15505 |
| investigations, or other
remedial or operational measures as | 15506 |
| the chief considers necessary to safeguard life, health, or | 15507 |
| property. The order shall permit the owner a reasonable time in | 15508 |
| which to perform the needed repairs, maintenance, investigations, | 15509 |
| or other remedial measures, and the cost thereof shall be borne by | 15510 |
| the owner. All orders of the chief are subject to appeal as | 15511 |
| provided in Chapter 119. of the Revised Code. The attorney | 15512 |
| general, upon written request of the chief, may bring an action | 15513 |
| for an injunction against any person who violates this section or | 15514 |
| to enforce an order of the chief made pursuant to this section. | 15515 |
| | 15516 |
| maintain, and operate the structure and its appurtenances safely | 15517 |
| in accordance with state rules, terms and conditions of permits, | 15518 |
| orders, and other requirements issued pursuant to this section or | 15519 |
| section 1521.06 of the Revised Code. The owner shall fully and | 15520 |
| promptly notify the division of water and other responsible | 15521 |
|
authorities of any condition | 15522 |
| the structure and shall take all necessary actions to safeguard | 15523 |
| life, health, and property. | 15524 |
| | 15525 |
| or removal of a dam, dike, or levee, the owner shall file an | 15526 |
| application including plans, specifications, and other required | 15527 |
| information with the division and shall secure written approval of | 15528 |
| the application by the chief. Emergency actions by the owner | 15529 |
| required to safeguard life, health, or property are exempt from | 15530 |
| this requirement. The chief may, by rule, define maintenance, | 15531 |
|
repairs, or other remedial measures of a routine nature | 15532 |
| are exempt from this requirement. | 15533 |
| | 15534 |
| owner, any unsafe structures found to be constructed or maintained | 15535 |
| in violation of this section or section 1521.06 of the Revised | 15536 |
| Code. In the case of an owner other than a governmental agency, | 15537 |
| the cost of removal or correction of any unsafe structure, | 15538 |
| together with a description of the property on which the unsafe | 15539 |
| structure is located, shall be certified by the chief to the | 15540 |
| county auditor and placed by the county auditor upon the tax | 15541 |
| duplicate. This cost is a lien upon the lands from the date of | 15542 |
| entry and shall be collected as other taxes and returned to the | 15543 |
| division. In the case of an owner that is a governmental agency, | 15544 |
| the cost of removal or correction of any unsafe structure shall be | 15545 |
| recoverable from the owner by appropriate action in a court of | 15546 |
| competent jurisdiction. | 15547 |
| | 15548 |
| in the judgment of the chief, to be so dangerous to the safety of | 15549 |
| life, health, or property as not to permit time for the issuance | 15550 |
| and enforcement of an order relative to repair, maintenance, or | 15551 |
| operation, the chief shall employ any of the following remedial | 15552 |
| means necessary to protect life, health, and property: | 15553 |
| (1) Lower the water level of the lake or reservoir by | 15554 |
| releasing water; | 15555 |
| (2) Completely drain the lake or reservoir; | 15556 |
| (3) Take such other measures or actions as | 15557 |
| considers necessary to safeguard life, health, and property. | 15558 |
| The chief shall continue in full charge and control of the | 15559 |
| dam, dike, or levee until the structure is rendered safe. The cost | 15560 |
| of the remedy shall be recoverable from the owner of the structure | 15561 |
| by appropriate action in a court of competent jurisdiction. | 15562 |
| | 15563 |
| grants from the United States government or from any other public | 15564 |
| or private source and may contract with the United States | 15565 |
| government or any other agency or entity for the purpose of | 15566 |
| carrying out the dam safety functions set forth in this section | 15567 |
| and section 1521.06 of the Revised Code. | 15568 |
| (J) In accordance with Chapter 119. of the Revised Code, the | 15569 |
| chief shall adopt, and may amend or rescind, rules that do all of | 15570 |
| the following: | 15571 |
| (1) Designate classes of dams for which dam owners must | 15572 |
| obtain the services of a registered professional engineer to | 15573 |
| periodically inspect the dams and to prepare reports of the | 15574 |
| inspections for submittal to the chief; | 15575 |
| (2) Establish standards in accordance with which the chief | 15576 |
| must approve or disapprove registered professional engineers to | 15577 |
| inspect dams together with procedures governing the approval | 15578 |
| process; | 15579 |
| (3) Establish schedules, standards, and procedures governing | 15580 |
| periodic inspections and standards and procedures governing the | 15581 |
| preparation and submittal of inspection reports; | 15582 |
| (4) Establish provisions regarding the enforcement of this | 15583 |
| section and rules adopted under it. | 15584 |
| Sec. 1531.27. The chief of the division of wildlife shall | 15585 |
| pay to the treasurers of the several counties wherein lands owned | 15586 |
| by
the state and administered by the division are | 15587 |
| an annual amount determined in the following manner: in each such | 15588 |
| county one per cent of the total value of such lands exclusive of | 15589 |
| improvements, as shown on the auditor's records of taxable value | 15590 |
| of real property existing at the time when the state acquired the | 15591 |
|
tract or tracts comprising | 15592 |
| | 15593 |
|
division | 15594 |
|
and | 15595 |
| penalties, and forfeitures deposited into the state treasury to | 15596 |
| the credit of the wildlife fund created in section 1531.17 of the | 15597 |
| Revised Code. The allocation of
amounts to be paid from | 15598 |
| sources shall be determined by the director of natural resources. | 15599 |
| | 15600 |
| shall be credited to the fund for school purposes within the | 15601 |
|
school districts wherein | 15602 |
| Sec. 1533.10. Except as provided in this section or division | 15603 |
| (A)(2) of section 1533.12 of the Revised Code, no person shall | 15604 |
| hunt any wild bird or wild quadruped without a hunting license. | 15605 |
| Each day that any person hunts within the state without procuring | 15606 |
| such a license constitutes a separate offense. Except as otherwise | 15607 |
| provided in this section, every applicant for a hunting license | 15608 |
| who is a resident of the state
and | 15609 |
| or more shall procure a resident hunting license, the fee for | 15610 |
| which shall be eighteen dollars, unless the rules adopted under | 15611 |
| division (B) of section 1533.12 of the Revised Code provide for | 15612 |
| issuance of a resident hunting license to the applicant free of | 15613 |
| charge. Except as provided in rules adopted under division (B)(2) | 15614 |
| of that section, each applicant who is a resident of this state | 15615 |
| and who at the time of application is sixty-six years of age or | 15616 |
| older shall procure a special senior hunting license, the fee for | 15617 |
| which shall be one-half of the regular hunting license fee. Every | 15618 |
| applicant who is under the age of | 15619 |
| procure a special youth hunting license, the fee for which shall | 15620 |
| be one-half of the regular hunting license fee. The owner of lands | 15621 |
| in the state and the owner's children of any age and grandchildren | 15622 |
| under eighteen years of age may hunt on the lands without a | 15623 |
| hunting license. The tenant and children of the tenant, residing | 15624 |
| on lands in the state, may hunt on them without a hunting license. | 15625 |
| 15626 | |
| 1533.12 of the Revised Code, every applicant for a hunting license | 15627 |
| who is a nonresident of the state and who is | 15628 |
| years of age or older shall procure a nonresident hunting license, | 15629 |
| the fee for which shall be one hundred twenty-four dollars, unless | 15630 |
| the applicant is a resident of a state that is a party to an | 15631 |
| agreement under section 1533.91 of the Revised Code, in which case | 15632 |
| the fee shall be eighteen dollars. | 15633 |
| The chief of the division of wildlife may issue a small game | 15634 |
| hunting license expiring three days from the effective date of the | 15635 |
| license to a nonresident of the state, the fee for which shall be | 15636 |
| thirty-nine dollars. No person shall take or possess deer, wild | 15637 |
| turkeys, fur-bearing animals, ducks, geese, brant, or any nongame | 15638 |
| animal while possessing only a small game hunting license. A small | 15639 |
| game hunting license does not authorize the taking or possessing | 15640 |
| of ducks, geese, or brant without having obtained, in addition to | 15641 |
| the small game hunting license, a wetlands habitat stamp as | 15642 |
| provided in section 1533.112 of the Revised Code. A small game | 15643 |
| hunting license does not authorize the taking or possessing of | 15644 |
| deer, wild turkeys, or fur-bearing animals. A nonresident of the | 15645 |
| state who wishes to take or possess deer, wild turkeys, or | 15646 |
| fur-bearing animals in this state shall procure, respectively, a | 15647 |
| special deer or wild turkey permit as provided in section 1533.11 | 15648 |
| of the Revised Code or a fur taker permit as provided in section | 15649 |
| 1533.111 of the Revised Code in addition to a nonresident hunting | 15650 |
| license or a special youth hunting license, as applicable, as | 15651 |
| provided in this section. | 15652 |
| No person shall procure or attempt to procure a hunting | 15653 |
| license by fraud, deceit, misrepresentation, or any false | 15654 |
| statement. | 15655 |
| This section does not authorize the taking and possessing of | 15656 |
| deer or wild turkeys without first having obtained, in addition to | 15657 |
| the hunting license required by this section, a special deer or | 15658 |
| wild turkey permit as provided in section 1533.11 of the Revised | 15659 |
| Code or the taking and possessing of ducks, geese, or brant | 15660 |
| without first having obtained, in addition to the hunting license | 15661 |
| required by this section, a wetlands habitat stamp as provided in | 15662 |
| section 1533.112 of the Revised Code. | 15663 |
| This section does not authorize the hunting or trapping of | 15664 |
| fur-bearing animals without first having obtained, in addition to | 15665 |
| a hunting license required by this section, a fur taker permit as | 15666 |
| provided in section 1533.111 of the Revised Code. | 15667 |
| No hunting license shall be issued unless it is accompanied | 15668 |
| by a written explanation of the law in section 1533.17 of the | 15669 |
| Revised Code and the penalty for its violation, including a | 15670 |
| description of terms of imprisonment and fines that may be | 15671 |
| imposed. | 15672 |
| No hunting license shall be issued unless the applicant | 15673 |
| presents to the agent authorized to issue the license a previously | 15674 |
| held hunting license or evidence of having held such a license in | 15675 |
| content and manner approved by the chief, a certificate of | 15676 |
| completion issued upon completion of a hunter education and | 15677 |
| conservation course approved by the chief, or evidence of | 15678 |
| equivalent training in content and manner approved by the chief. | 15679 |
| No person shall issue a hunting license to any person who | 15680 |
| fails to present the evidence required by this section. No person | 15681 |
| shall purchase or obtain a hunting license without presenting to | 15682 |
| the issuing agent the evidence required by this section. Issuance | 15683 |
| of a hunting license in violation of the requirements of this | 15684 |
| section is an offense by both the purchaser of the illegally | 15685 |
| obtained hunting license and the clerk or agent who issued the | 15686 |
| hunting license. Any hunting license issued in violation of this | 15687 |
| section is void. | 15688 |
| The chief, with approval of the wildlife council, shall adopt | 15689 |
| rules prescribing a hunter education and conservation course for | 15690 |
| first-time hunting license buyers and for volunteer instructors. | 15691 |
| The course shall consist of subjects including, but not limited | 15692 |
| to, hunter safety and health, use of hunting implements, hunting | 15693 |
| tradition and ethics, the hunter and conservation, the law in | 15694 |
| section 1533.17 of the Revised Code along with the penalty for its | 15695 |
| violation, including a description of terms of imprisonment and | 15696 |
| fines that may be imposed, and other law relating to hunting. | 15697 |
| Authorized personnel of the division or volunteer instructors | 15698 |
| approved by the chief shall conduct such courses with such | 15699 |
| frequency and at such locations throughout the state as to | 15700 |
| reasonably meet the needs of license applicants. The chief shall | 15701 |
| issue a certificate of completion to each person who successfully | 15702 |
| completes the course and passes an examination prescribed by the | 15703 |
| chief. | 15704 |
| Sec. 1533.11. (A) Except as provided in this section, no | 15705 |
| person shall hunt deer on lands of another without first obtaining | 15706 |
| an annual special deer permit. Except as provided in this section, | 15707 |
| no person shall hunt wild turkeys on lands of another without | 15708 |
| first obtaining an annual special wild turkey permit. Each | 15709 |
| applicant for a special deer or wild turkey permit shall pay an | 15710 |
| annual fee of twenty-three dollars for each permit unless the | 15711 |
| rules adopted under division (B) of section 1533.12 of the Revised | 15712 |
| Code provide for issuance of a deer or wild turkey permit to the | 15713 |
| applicant free of charge. Except as provided in rules adopted | 15714 |
| under division (B)(2) of that section, each applicant who is a | 15715 |
| resident of this state and who at the time of application is | 15716 |
| sixty-six years of age or older shall procure a special senior | 15717 |
| deer or wild turkey permit, the fee for which shall be one-half of | 15718 |
| the regular special deer or wild turkey permit fee. Each applicant | 15719 |
| who is under the age of | 15720 |
| special youth deer or wild turkey permit, the fee for which shall | 15721 |
| be one-half of the regular special deer or wild turkey permit fee. | 15722 |
| Except as provided in division (A)(2) of section 1533.12 of the | 15723 |
| Revised Code, a deer or wild turkey permit shall run concurrently | 15724 |
| with the hunting license. The money received shall be paid into | 15725 |
| the state treasury to the credit of the wildlife fund, created in | 15726 |
| section 1531.17 of the Revised Code, exclusively for the use of | 15727 |
| the division of wildlife in the acquisition and development of | 15728 |
| land for deer or wild turkey management, for investigating deer or | 15729 |
| wild turkey problems, and for the stocking, management, and | 15730 |
| protection of deer or wild turkey. Every person, while hunting | 15731 |
| deer or wild turkey on lands of another, shall carry the person's | 15732 |
| special deer or wild turkey permit and exhibit it to any | 15733 |
| enforcement officer so requesting. Failure to so carry and exhibit | 15734 |
| such a permit constitutes an offense under this section. The chief | 15735 |
| of the division of wildlife shall adopt any additional rules the | 15736 |
| chief considers necessary to carry out this section and section | 15737 |
| 1533.10 of the Revised Code. | 15738 |
| The owner and the children of the owner of lands in this | 15739 |
| state may hunt deer or wild turkey thereon without a special deer | 15740 |
| or wild turkey permit. The tenant and children of the tenant may | 15741 |
| hunt deer or wild turkey on lands where they reside without a | 15742 |
| special deer or wild turkey permit. | 15743 |
| (B) A special deer or wild turkey permit is not transferable. | 15744 |
| No person shall carry a special deer or wild turkey permit issued | 15745 |
| in the name of another person. | 15746 |
| (C) The wildlife refunds fund is hereby created in the state | 15747 |
| treasury. The fund shall consist of money received from | 15748 |
| application fees for special deer permits that are not issued. | 15749 |
| Money in the fund shall be used to make refunds of such | 15750 |
| application fees. | 15751 |
| Sec. 1533.111. Except as provided in this section or | 15752 |
| division (A)(2) of section 1533.12 of the Revised Code, no person | 15753 |
| shall hunt or trap fur-bearing animals on land of another without | 15754 |
| first obtaining an annual fur taker permit. Each applicant for a | 15755 |
| fur taker permit shall pay an annual fee of fourteen dollars for | 15756 |
| the permit, except as otherwise provided in this section or unless | 15757 |
| the rules adopted under division (B) of section 1533.12 of the | 15758 |
| Revised Code provide for issuance of a fur taker permit to the | 15759 |
| applicant free of charge. Except as provided in rules adopted | 15760 |
| under division (B)(2) of that section, each applicant who is a | 15761 |
| resident of this state and who at the time of application is | 15762 |
| sixty-six years of age or older shall procure a special senior fur | 15763 |
| taker permit, the fee for which shall be one-half of the regular | 15764 |
| fur taker permit fee. Each applicant | 15765 |
| 15766 | |
| special youth fur taker permit, the fee for which shall be | 15767 |
| one-half of the regular fur taker permit fee. The fur taker permit | 15768 |
| shall run concurrently with the hunting license. The money | 15769 |
| received shall be paid into the state treasury to the credit of | 15770 |
| the fund established in section 1533.15 of the Revised Code. | 15771 |
| No fur taker permit shall be issued unless it is accompanied | 15772 |
| by a written explanation of the law in section 1533.17 of the | 15773 |
| Revised Code and the penalty for its violation, including a | 15774 |
| description of terms of imprisonment and fines that may be | 15775 |
| imposed. | 15776 |
| No fur taker permit shall be issued unless the applicant | 15777 |
| presents to the agent authorized to issue a fur taker permit a | 15778 |
| previously held hunting license or trapping or fur taker permit or | 15779 |
| evidence of having held such a license or permit in content and | 15780 |
| manner approved by the chief of the division of wildlife, a | 15781 |
| certificate of completion issued upon completion of a trapper | 15782 |
| education course approved by the chief, or evidence of equivalent | 15783 |
| training in content and manner approved by the chief. | 15784 |
| No person shall issue a fur taker permit to any person who | 15785 |
| fails to present the evidence required by this section. No person | 15786 |
| shall purchase or obtain a fur taker permit without presenting to | 15787 |
| the issuing agent the evidence required by this section. Issuance | 15788 |
| of a fur taker permit in violation of the requirements of this | 15789 |
| section is an offense by both the purchaser of the illegally | 15790 |
| obtained permit and the clerk or agent who issued the permit. Any | 15791 |
| fur taker permit issued in violation of this section is void. | 15792 |
| The chief, with approval of the wildlife council, shall adopt | 15793 |
| rules prescribing a trapper education course for first-time fur | 15794 |
| taker permit buyers and for volunteer instructors. The course | 15795 |
| shall consist of subjects that include, but are not limited to, | 15796 |
| trapping techniques, animal habits and identification, trapping | 15797 |
| tradition and ethics, the trapper and conservation, the law in | 15798 |
| section 1533.17 of the Revised Code along with the penalty for its | 15799 |
| violation, including a description of terms of imprisonment and | 15800 |
| fines that may be imposed, and other law relating to trapping. | 15801 |
| Authorized personnel of the division of wildlife or volunteer | 15802 |
| instructors approved by the chief shall conduct the courses with | 15803 |
| such frequency and at such locations throughout the state as to | 15804 |
| reasonably meet the needs of permit applicants. The chief shall | 15805 |
| issue a certificate of completion to each person who successfully | 15806 |
| completes the course and passes an examination prescribed by the | 15807 |
| chief. | 15808 |
| Every person, while hunting or trapping fur-bearing animals | 15809 |
| on lands of another, shall carry the person's fur taker permit | 15810 |
| 15811 | |
| signature written | 15812 |
| carry such a signed permit constitutes an offense under this | 15813 |
| section. The chief shall adopt any additional rules the chief | 15814 |
| considers necessary to carry out this section. | 15815 |
| The owner and the children of the owner of lands in this | 15816 |
| state may hunt or trap fur-bearing animals thereon without a fur | 15817 |
| taker permit. The tenant and children of the tenant may hunt or | 15818 |
| trap fur-bearing animals on lands where they reside without a fur | 15819 |
| taker permit. | 15820 |
| A fur taker permit is not transferable. No person shall carry | 15821 |
| a fur taker permit issued in the name of another person. | 15822 |
| A fur taker permit entitles a nonresident to take from this | 15823 |
| state fur-bearing animals taken and possessed by the nonresident | 15824 |
| as provided by law or division rule. | 15825 |
| Sec. 1533.112. Except as provided in this section or unless | 15826 |
| otherwise provided by division rule, no person shall hunt ducks, | 15827 |
| geese, or brant on the lands of another without first obtaining an | 15828 |
| annual wetlands habitat stamp. The annual fee for the wetlands | 15829 |
| habitat stamp shall be fourteen dollars for each stamp unless the | 15830 |
| rules adopted under division (B) of section 1533.12 provide for | 15831 |
| issuance of a wetlands habitat stamp to the applicant free of | 15832 |
| charge. | 15833 |
| Moneys received from the stamp fee shall be paid into the | 15834 |
| state treasury to the credit of the wetlands habitat fund, which | 15835 |
| is hereby established. Moneys shall be paid from the fund on the | 15836 |
| order of the director of natural resources for the following | 15837 |
| purposes: | 15838 |
| (A) Sixty per cent for projects that the division approves | 15839 |
| for the acquisition, development, management, or preservation of | 15840 |
| waterfowl areas within the state; | 15841 |
| (B) Forty per cent for contribution by the division to an | 15842 |
| appropriate nonprofit organization for the acquisition, | 15843 |
| development, management, or preservation of lands and waters | 15844 |
| within the United States or Canada that provide or will provide | 15845 |
| habitat for waterfowl with migration routes that cross this state. | 15846 |
| No moneys derived from the issuance of wetlands habitat | 15847 |
| stamps shall be spent for purposes other than those specified by | 15848 |
| this section. All investment earnings of the fund shall be | 15849 |
| credited to the fund. | 15850 |
| Wetlands habitat stamps shall be furnished by and in a form | 15851 |
| prescribed by the chief of the division of wildlife and issued by | 15852 |
| clerks and other agents authorized to issue licenses and permits | 15853 |
| under section 1533.13 of the Revised Code. The record of stamps | 15854 |
| kept by the clerks and other agents shall be uniform throughout | 15855 |
| the state, in such form or manner as the director prescribes, and | 15856 |
| open at all reasonable hours to the inspection of any person. | 15857 |
| Unless otherwise provided by rule, each stamp shall remain in | 15858 |
| force until midnight of the thirty-first day of August next | 15859 |
| ensuing. Wetlands habitat stamps may be issued in any manner to | 15860 |
| any person on any date, whether or not that date is within the | 15861 |
| period in which they are effective. | 15862 |
| Every person to whom this section applies, while hunting | 15863 |
| ducks, geese, or brant, shall carry an unexpired wetlands habitat | 15864 |
| stamp that is validated by the person's signature written on the | 15865 |
| stamp in ink and shall exhibit the stamp to any enforcement | 15866 |
| officer so requesting. No person shall fail to carry and exhibit | 15867 |
| the person's stamp. | 15868 |
| A wetlands habitat stamp is not transferable. | 15869 |
| The chief shall establish a procedure to obtain subject | 15870 |
| matter to be printed on the wetlands habitat stamp and shall use, | 15871 |
| dispose of, or distribute the subject matter as the chief | 15872 |
| considers necessary. The chief also shall adopt rules necessary to | 15873 |
| administer this section. | 15874 |
| This section does not apply to persons under sixteen years of | 15875 |
| age nor to persons exempted from procuring a hunting license under | 15876 |
| section 1533.10 or division (A)(2) of section 1533.12 of the | 15877 |
| Revised Code. | 15878 |
| Sec. 1533.12. (A)(1) Except as otherwise provided in | 15879 |
| division (A)(2) of this section, every person on active duty in | 15880 |
| the armed forces of the United States who is stationed in this | 15881 |
| state and who wishes to engage in an activity for which a license, | 15882 |
| permit, or stamp is required under this chapter first shall obtain | 15883 |
| the requisite license, permit, or stamp. Such a person is eligible | 15884 |
| to obtain a resident hunting or fishing license regardless of | 15885 |
| whether the person qualifies as a resident of this state. To | 15886 |
| obtain a resident hunting or fishing license, the person shall | 15887 |
| present a card or other evidence identifying the person as being | 15888 |
| on active duty in the armed forces of the United States and as | 15889 |
| being stationed in this state. | 15890 |
| (2) Every person on active duty in the armed forces of the | 15891 |
| United States, while on leave or furlough, may take or catch fish | 15892 |
| of the kind lawfully permitted to be taken or caught within the | 15893 |
| state, may hunt any wild bird or wild quadruped lawfully permitted | 15894 |
| to be hunted within the state, and may trap fur-bearing animals | 15895 |
| lawfully permitted to be trapped within the state, without | 15896 |
| procuring a fishing license, a hunting license, a fur taker | 15897 |
| permit, or a wetlands habitat stamp required by this chapter, | 15898 |
| provided that the person shall carry on the person when fishing, | 15899 |
| hunting, or trapping, a card or other evidence identifying the | 15900 |
| person as being on active duty in the armed forces of the United | 15901 |
| States, and provided that the person is not otherwise violating | 15902 |
| any of the hunting, fishing, and trapping laws of this state. | 15903 |
| In order to hunt deer or wild turkey, any such person shall | 15904 |
| obtain a special deer or wild turkey permit, as applicable, under | 15905 |
| section 1533.11 of the Revised Code. However, the person need not | 15906 |
| obtain a hunting license in order to obtain such a permit. | 15907 |
| (B) The chief of the division of wildlife shall provide by | 15908 |
| rule adopted under section 1531.10 of the Revised Code all of the | 15909 |
| following: | 15910 |
| (1) Every resident of this state with a disability that has | 15911 |
| been determined by the veterans administration to be permanently | 15912 |
| and totally disabling, who receives a pension or compensation from | 15913 |
| the veterans administration, and who received an honorable | 15914 |
| discharge from the armed forces of the United States, and every | 15915 |
| veteran to whom the registrar of motor vehicles has issued a set | 15916 |
| of license plates under section 4503.41 of the Revised Code, shall | 15917 |
| be issued an annual fishing license, hunting license, fur taker | 15918 |
| permit, deer or wild turkey permit, or wetlands habitat stamp, or | 15919 |
| any combination of those licenses, permits, and stamp, free of | 15920 |
| charge when application is made to the chief in the manner | 15921 |
| prescribed by and on forms provided by the chief. | 15922 |
| (2) Every resident of the state who was born on or before | 15923 |
| December 31, 1937, shall be issued an annual fishing license, | 15924 |
| hunting license, fur taker permit, deer or wild turkey permit, or | 15925 |
| wetlands habitat stamp, or any combination of those licenses, | 15926 |
| permits, and stamp, free of charge when application is made to the | 15927 |
| chief in the manner prescribed by and on forms provided by the | 15928 |
| chief. | 15929 |
| (3) Every resident of state or county institutions, | 15930 |
| charitable institutions, and military homes in this state shall be | 15931 |
| issued an annual fishing license free of charge when application | 15932 |
| is made to the chief in the manner prescribed by and on forms | 15933 |
| provided by the chief. | 15934 |
| (4) Any mobility impaired or blind person, as defined in | 15935 |
| section 955.011 of the Revised Code, who is a resident of this | 15936 |
| state and who is unable to engage in fishing without the | 15937 |
| assistance of another person shall be issued an annual fishing | 15938 |
| license free of charge when application is made to the chief in | 15939 |
| the manner prescribed by and on forms provided by the chief. The | 15940 |
| person who is assisting the mobility impaired or blind person may | 15941 |
| assist in taking or catching fish of the kind permitted to be | 15942 |
| taken or caught without procuring the license required under | 15943 |
| section 1533.32 of the Revised Code, provided that only one line | 15944 |
| is used by both persons. | 15945 |
| (5) As used in division (B)(5) of this section, "prisoner of | 15946 |
| war" means any regularly appointed, enrolled, enlisted, or | 15947 |
| inducted member of the military forces of the United States who | 15948 |
| was captured, separated, and incarcerated by an enemy of the | 15949 |
| United States. | 15950 |
| Any person who has been a prisoner of war, was honorably | 15951 |
| discharged from the military forces, and is a resident of this | 15952 |
| state shall be issued an annual fishing license, hunting license, | 15953 |
| fur taker permit, or wetlands habitat stamp, or any combination of | 15954 |
| those licenses, permits, and stamp, free of charge when | 15955 |
| application is made to the chief in the manner prescribed by and | 15956 |
| on forms provided by the chief. | 15957 |
| (C) The chief shall adopt rules pursuant to section 1531.08 | 15958 |
| of the Revised Code designating not more than two days, which need | 15959 |
| not be consecutive, in each year as "free sport fishing days" on | 15960 |
| which any resident may exercise the privileges accorded the holder | 15961 |
| of a fishing license issued under section 1533.32 of the Revised | 15962 |
| Code without procuring such a license, provided that the person is | 15963 |
| not otherwise violating any of the fishing laws of this state. | 15964 |
| Sec. 1533.122. (A) Unless otherwise provided by division | 15965 |
| rule, a person who traps, captures, removes, relocates, or | 15966 |
| controls native or nonnative wildlife shall obtain an annual | 15967 |
| wildlife control operators permit issued by the division of | 15968 |
| wildlife under this section and shall conduct those activities in | 15969 |
| accordance with this section and the rules adopted pursuant to it. | 15970 |
| Unless otherwise provided by those rules, a wildlife control | 15971 |
| operators permit shall expire on the fifteenth day of March of | 15972 |
| each year. Unless otherwise provided by those rules, the fee for | 15973 |
| such a permit shall be one hundred dollars. While engaged in | 15974 |
| trapping, capturing, removal, relocation, or control of native or | 15975 |
| nonnative wildlife, a person shall carry the person's wildlife | 15976 |
| control operators permit and shall exhibit the permit to any law | 15977 |
| enforcement officer requesting it. | 15978 |
| (B) The chief of the division of wildlife shall adopt rules | 15979 |
| under section 1531.08 of the Revised Code governing the trapping, | 15980 |
| capturing, removal, relocation, and control of native or nonnative | 15981 |
| wildlife by wildlife control operators. The rules shall establish | 15982 |
| procedures for the issuance of wildlife control operators permits | 15983 |
| and for the record-keeping that is required under division (C) of | 15984 |
| this section, including procedures for the annual submission of | 15985 |
| records as required under that division or under division rules. | 15986 |
| In addition, the rules may establish requirements and procedures | 15987 |
| for the administration of an examination prior to the issuance of | 15988 |
| a permit under this section. The rules may require the examination | 15989 |
| to test knowledge of current wildlife rules, animal life history, | 15990 |
| control methods, and other pertinent information. The rules may | 15991 |
| require that an applicant for a wildlife control operators permit | 15992 |
| pass the examination in order to receive a permit under this | 15993 |
| section and may establish a fee for the administration of the | 15994 |
| test. The rules also may require an applicant to satisfy minimum | 15995 |
| standards established in the rules. | 15996 |
| (C) In accordance with rules adopted pursuant to division (B) | 15997 |
| of this section, a person who has been issued a wildlife control | 15998 |
| operators permit and who has engaged in the trapping, capturing, | 15999 |
| removal, relocation, or control of native or nonnative wildlife | 16000 |
| shall keep accurate, legible, written records of all of the | 16001 |
| following: | 16002 |
| (1) The county and township where native or nonnative | 16003 |
| wildlife have been trapped, captured, removed, relocated, or | 16004 |
| controlled; | 16005 |
| (2) The date on which the native or nonnative wildlife were | 16006 |
| captured and the method used to trap, capture, remove, relocate, | 16007 |
| or control the native or nonnative wildlife; | 16008 |
| (3) The species and number of native or nonnative wildlife | 16009 |
| trapped, captured, removed, relocated, or controlled; | 16010 |
| (4) The disposition of native or nonnative wildlife trapped, | 16011 |
| captured, removed, relocated, or controlled; | 16012 |
| (5) Any other information required by the chief. | 16013 |
| All records shall be kept on forms provided by the division | 16014 |
| for a period of three years and shall be made available for | 16015 |
| inspection by a representative of the division at reasonable | 16016 |
| hours. | 16017 |
| (D) A summary of the information compiled under divisions | 16018 |
| (C)(1), (3), and (4) of this section for the previous year shall | 16019 |
| be submitted to the division with an application for renewal of a | 16020 |
| wildlife control operators permit. A person who fails to submit | 16021 |
| the summary with an application for renewal by the fifteenth day | 16022 |
| of March of the year in which the person's permit expires shall be | 16023 |
| denied a renewal of the permit. | 16024 |
| (E) No person shall violate this section or a rule adopted | 16025 |
| pursuant to it. | 16026 |
| Sec. 1533.32. Except as provided in this section or division | 16027 |
| (A)(2) or (C) of section 1533.12 of the Revised Code, no person, | 16028 |
| including nonresidents, shall take or catch any fish by angling in | 16029 |
| any of the waters in the state or engage in fishing in those | 16030 |
| waters without a license. No person shall take or catch frogs or | 16031 |
| turtles without a valid fishing license, except as provided in | 16032 |
| this section. Persons fishing in privately owned ponds, lakes, or | 16033 |
| reservoirs to or from which fish are not accustomed to migrate are | 16034 |
| exempt from the license requirements set forth in this section. | 16035 |
| Persons fishing in privately owned ponds, lakes, or reservoirs | 16036 |
| that are open to public fishing through an agreement or lease with | 16037 |
| the division of wildlife shall comply with the license | 16038 |
| requirements set forth in this section. | 16039 |
| The fee for an annual license shall be thirty-nine dollars | 16040 |
| for a resident of a state that is not a party to an agreement | 16041 |
| under section 1533.91 of the Revised Code. The fee for an annual | 16042 |
| license shall be eighteen dollars for a resident of a state that | 16043 |
| is a party to such an agreement. The fee for an annual license for | 16044 |
| residents of this state shall be eighteen dollars unless the rules | 16045 |
| adopted under division (B) of section 1533.12 of the Revised Code | 16046 |
| provide for issuance of a resident fishing license to the | 16047 |
| applicant free of charge. Except as provided in rules adopted | 16048 |
| under division (B)(2) of that section, each applicant who is a | 16049 |
| resident of this state and who at the time of application is | 16050 |
| sixty-six years of age or older shall procure a special senior | 16051 |
| fishing license, the fee for which shall be one-half of the annual | 16052 |
| resident fishing license fee. | 16053 |
| Any person under the age of sixteen years may take or catch | 16054 |
| frogs and turtles and take or catch fish by angling without a | 16055 |
| license. | 16056 |
| The chief of the division of wildlife may issue a tourist's | 16057 |
| license expiring three days from the effective date of the license | 16058 |
| to a resident of a state that is not a party to an agreement under | 16059 |
| section 1533.91 of the Revised Code. The fee for a tourist's | 16060 |
| license shall be eighteen dollars. | 16061 |
| The chief shall adopt rules under section 1531.10 of the | 16062 |
| Revised Code providing for the issuance of a one-day fishing | 16063 |
| license to a resident of this state or of any other state. The fee | 16064 |
| for such a license shall be fifty-five per cent of the amount | 16065 |
| established under this section for a tourist's license, rounded up | 16066 |
| to the nearest whole dollar. A one-day fishing license shall allow | 16067 |
| the holder to take or catch fish by angling in the waters in the | 16068 |
| state, engage in fishing in those waters, or take or catch frogs | 16069 |
| or turtles in those waters for one day without obtaining an annual | 16070 |
| license or a tourist's license under this section. At the request | 16071 |
| of a holder of a one-day fishing license who wishes to obtain an | 16072 |
| annual license, a clerk or agent authorized to issue licenses | 16073 |
| under section 1533.13 of the Revised Code, not later than the last | 16074 |
| day on which the one-day license would be valid if it were an | 16075 |
| annual license, shall credit the amount of the fee paid for the | 16076 |
| one-day license toward the fee charged for the annual license if | 16077 |
| so authorized by the chief. The clerk or agent shall issue the | 16078 |
| annual license upon presentation of the one-day license and | 16079 |
| payment of a fee in an amount equal to the difference between the | 16080 |
| fee for the annual license and the fee for the one-day license. | 16081 |
| | 16082 |
| Unless otherwise provided by division rule, each annual | 16083 |
| license shall begin on the first day of March of the current year | 16084 |
| and expire on the last day of February of the following year. | 16085 |
| No person shall alter a fishing license or possess a fishing | 16086 |
| license that has been altered. | 16087 |
| No person shall procure or attempt to procure a fishing | 16088 |
| license by fraud, deceit, misrepresentation, or any false | 16089 |
| statement. | 16090 |
| Owners of land over, through, upon, or along which any water | 16091 |
| flows or stands, except where the land is in or borders on state | 16092 |
| parks or state-owned lakes, together with the members of the | 16093 |
| immediate families of such owners, may take frogs and turtles and | 16094 |
| may take or catch fish of the kind permitted to be taken or caught | 16095 |
| therefrom without procuring a license provided for in this | 16096 |
| section. This exemption extends to tenants actually residing upon | 16097 |
| such lands and to the members of the immediate families of the | 16098 |
| tenants. Residents of state or county institutions, charitable | 16099 |
| institutions, and military homes in this state may take frogs and | 16100 |
| turtles without procuring the required license, provided that a | 16101 |
| member of the institution or home has an identification card, | 16102 |
| which shall be carried on that person when fishing. | 16103 |
| Every fisher required to be licensed, while fishing or taking | 16104 |
| or attempting to take frogs or turtles, shall carry the license | 16105 |
| and exhibit it to any person. Failure to so carry and exhibit the | 16106 |
| license constitutes an offense under this section. | 16107 |
| Sec. 1533.99. (A) Whoever violates section 1533.17 of the | 16108 |
| Revised Code is guilty of a misdemeanor of the third degree on a | 16109 |
| first offense and a misdemeanor of the second degree on each | 16110 |
| subsequent offense. In addition to any other sanction imposed | 16111 |
| under this division, on a second or subsequent offense occurring | 16112 |
| within a period of three consecutive years after the date of | 16113 |
| conviction of the immediately preceding violation of that section, | 16114 |
| any firearms or other hunting implements in the possession or | 16115 |
| under the control of the offender at the time of the violation are | 16116 |
| subject to seizure in accordance with section 1531.20 of the | 16117 |
| Revised Code. If the offender persists in the offense after | 16118 |
| reasonable warning or request to desist, the offender is guilty of | 16119 |
| a misdemeanor of the second degree. | 16120 |
| (B) Whoever violates section 1533.122, 1533.161, 1533.23, | 16121 |
| 1533.24, 1533.301, 1533.40, 1533.41, 1533.45, 1533.48, 1533.511, | 16122 |
| 1533.55, 1533.56, 1533.58, 1533.62, 1533.631, 1533.66, 1533.71, | 16123 |
| 1533.72, 1533.73, 1533.74, 1533.75, 1533.76, 1533.77, 1533.78, | 16124 |
| 1533.79, or 1533.80, division (F) of section 1533.731, or division | 16125 |
| (B) or (C) of section 1533.97 of the Revised Code is guilty of a | 16126 |
| misdemeanor of the third degree. | 16127 |
| (C) Whoever violates division (B) of section 1533.03, section | 16128 |
| 1533.07, 1533.171, 1533.34, 1533.341, 1533.342, 1533.35, 1533.42, | 16129 |
| 1533.51, 1533.63, 1533.64, 1533.67, 1533.68, 1533.721, 1533.881, | 16130 |
| or 1533.882, division (B)(2) or (3) of section 1533.731, or | 16131 |
| division (A) of section 1533.97 of the Revised Code is guilty of a | 16132 |
| misdemeanor of the first degree. | 16133 |
| (D) Whoever violates division (D) of section 1533.97 of the | 16134 |
| Revised Code is guilty of a misdemeanor of the fourth degree. The | 16135 |
| court shall require any person who is convicted of or pleads | 16136 |
| guilty to the offense to refund to all participants in the fishing | 16137 |
| tournament operated by the person any entry fees paid by the | 16138 |
| participants. | 16139 |
| (E) Whoever violates division (C) or (D) of section 1533.632 | 16140 |
| of the Revised Code is guilty of a felony of the fifth degree. | 16141 |
| (F) Whoever violates any section of this chapter for which no | 16142 |
| penalty is otherwise provided is guilty of a misdemeanor of the | 16143 |
| fourth degree. | 16144 |
| (G) A court that imposes sentence for a violation of any | 16145 |
| section of this chapter governing the holding, taking, or | 16146 |
| possession of wild animals shall require the person who is | 16147 |
| convicted of or pleads guilty to the offense, in addition to any | 16148 |
| fine, term of imprisonment, seizure, and forfeiture imposed, to | 16149 |
| make restitution for the minimum value of the wild animal or | 16150 |
| animals illegally held, taken, or possessed as established under | 16151 |
| section 1531.201 of the Revised Code. An officer who collects | 16152 |
| moneys paid as restitution under this section shall pay those | 16153 |
| moneys to the treasurer of state who shall deposit them in the | 16154 |
| state treasury to the credit of the wildlife fund established | 16155 |
| under section 1531.17 of the Revised Code. | 16156 |
| Sec. 1541.03. All lands and waters dedicated and set apart | 16157 |
| for state park purposes shall be under the control and management | 16158 |
| of the division of parks and recreation, which shall protect, | 16159 |
| maintain, and keep them in repair. The division shall have the | 16160 |
| following powers over all such lands and waters: | 16161 |
| (A) To make alterations and improvements; | 16162 |
| (B) To construct and maintain dikes, wharves, landings, | 16163 |
| docks, dams, and other works; | 16164 |
| (C) To construct and maintain roads and drives in, around, | 16165 |
| upon, and to the lands and waters to make them conveniently | 16166 |
| accessible and useful to the public; | 16167 |
| (D) | 16168 |
| adopt, amend, and rescind, in accordance with Chapter 119. of the | 16169 |
| Revised Code, rules necessary for the proper management of state | 16170 |
| parks, bodies of water, and the lands adjacent to them under its | 16171 |
| jurisdiction and control, including the following: | 16172 |
| (1) Governing opening and closing times and dates of the | 16173 |
| parks; | 16174 |
| (2) Establishing fees and charges for | 16175 |
| 16176 |
| (3) Governing camps, camping, and fees for camps and camping; | 16177 |
| (4) Governing the application for and rental of, rental fees | 16178 |
| for, and the use of cabins; | 16179 |
| (5) Relating to public use of state park lands, and governing | 16180 |
| the operation of motor vehicles, including speeds, and parking on | 16181 |
| those lands; | 16182 |
| (6) Governing all advertising within state parks and the | 16183 |
| requirements for the operation of places selling tangible personal | 16184 |
| property and control of food service sales on lands and waters | 16185 |
| under the control of the division, which rules shall establish | 16186 |
| uniform requirements; | 16187 |
| (7) Providing uniform standards relating to the size, type, | 16188 |
| location, construction, and maintenance of structures and devices | 16189 |
| used for fishing or moorage of watercraft, rowboats, sailboats, | 16190 |
| and powercraft, as those terms are defined in section 1547.01 of | 16191 |
| the Revised Code, over waters under the control of the division | 16192 |
| and establishing reasonable fees for the construction of and | 16193 |
| annual use permits for those structures and devices; | 16194 |
| (8) Governing state beaches, swimming, inflatable devices, | 16195 |
| and fees for them; | 16196 |
| (9) Governing the removal and disposition of any watercraft, | 16197 |
| rowboat, sailboat, or powercraft, as those terms are defined in | 16198 |
| section 1547.01 of the Revised Code, left unattended for more than | 16199 |
| seven days on any lands or waters under the control of the | 16200 |
| division; | 16201 |
| (10) Governing the establishment and collection of check | 16202 |
| collection charges for checks that are returned to the division or | 16203 |
| dishonored for any reason. | 16204 |
| The division shall adopt rules under this section | 16205 |
| establishing a discount program for all persons who are issued a | 16206 |
| golden buckeye card under section 173.06 of the Revised Code. The | 16207 |
| discount program shall provide a discount for all park services | 16208 |
| and rentals, but shall not provide a discount for the purchase of | 16209 |
| merchandise. | 16210 |
| The division shall not adopt rules establishing fees or | 16211 |
| charges for parking a motor vehicle in a state park or for | 16212 |
| admission to a state park. | 16213 |
| Every resident of this state with a disability that has been | 16214 |
| determined by the veterans administration to be permanently and | 16215 |
| totally disabling, who receives a pension or compensation from the | 16216 |
| veterans administration, and who received an honorable discharge | 16217 |
| from the armed forces of the United States, and every veteran to | 16218 |
| whom the registrar of motor vehicles has issued a set of license | 16219 |
| plates under section 4503.41 of the Revised Code, shall be exempt | 16220 |
| from the fees for camping, provided that the resident or veteran | 16221 |
| carries in the state park such evidence of the resident's or | 16222 |
| veteran's disability as the chief of the division of parks and | 16223 |
| recreation prescribes by rule. | 16224 |
| | 16225 |
| resident of this state who is sixty-five years of age or older or | 16226 |
| who is permanently and totally disabled and who furnishes evidence | 16227 |
| of that age or disability in a manner prescribed by division rule | 16228 |
| shall be charged one-half of the regular fee for camping, except | 16229 |
| on the weekends and
holidays designated by the division | 16230 |
| 16231 | |
| regular charges for state recreational facilities, equipment, | 16232 |
| services, and food service operations utilized by the person at | 16233 |
| any time of year, whether maintained or operated by the state or | 16234 |
| leased for operation by another entity. | 16235 |
| As used in this section, "food service operations" means | 16236 |
| restaurants that are owned by the department of natural resources | 16237 |
| at Hocking Hills, Lake Hope, Malabar Farm, and Rocky Fork state | 16238 |
| parks or are part of a state park lodge. "Food service operations" | 16239 |
| does not include automatic vending machines, concession stands, or | 16240 |
| snack bars. | 16241 |
| As used in this section, "prisoner of war" means any | 16242 |
| regularly appointed, enrolled, enlisted, or inducted member of the | 16243 |
| military forces of the United States who was captured, separated, | 16244 |
| and incarcerated by an enemy of the United States. Any person who | 16245 |
| has been a prisoner of war, was honorably discharged from the | 16246 |
| military forces, and is a resident of this state is exempt from | 16247 |
| the fees for camping. To claim this exemption, the person shall | 16248 |
| present written evidence in the form of a record of separation, a | 16249 |
| letter from one of the military forces of the United States, or | 16250 |
| such other evidence as the chief prescribes by rule that satisfies | 16251 |
| the eligibility criteria established by this section. | 16252 |
| Sec. 1547.721. As used in sections 1547.721 to 1547.726 of | 16253 |
| the Revised Code: | 16254 |
| (A) "Eligible project" means a project that involves the | 16255 |
| acquisition, construction, establishment, reconstruction, | 16256 |
| rehabilitation, renovation, enlargement, improvement, equipping, | 16257 |
| furnishing, or development of either of the following: | 16258 |
| (1) Marine recreational facilities; | 16259 |
| (2) Refuge harbors and other projects for the harboring, | 16260 |
| mooring, docking, launching, and storing of light draft vessels. | 16261 |
| (B) "Marine recreational facilities," "refuge harbors," | 16262 |
| "light draft vessels," and "allowable costs" have the meanings | 16263 |
| established in rules adopted under section 1547.723 of the Revised | 16264 |
| Code. | 16265 |
| (C) "Revolving loan program" means the loan program | 16266 |
| established under sections 1547.721 to 1547.726 of the Revised | 16267 |
| Code. | 16268 |
| (D) "State agency" has the same meaning as in section 9.66 of | 16269 |
| the Revised Code. | 16270 |
| Sec. 1547.722. There is hereby created in the state treasury | 16271 |
| the watercraft revolving loan fund consisting of money | 16272 |
| appropriated or transferred to it, money received and credited to | 16273 |
| the fund under section 1547.726 of the Revised Code, and any | 16274 |
| grants, gifts, or contributions of moneys received for deposit to | 16275 |
| the credit of the fund. | 16276 |
| The director of natural resources shall use money in the | 16277 |
| watercraft revolving loan fund for the purpose of making loans | 16278 |
| under section 1547.724 of the Revised Code for eligible projects | 16279 |
| and taking actions under sections 1547.721 to 1547.726 of the | 16280 |
| Revised Code necessary to fulfill that purpose. The director may | 16281 |
| establish separate accounts in the fund for particular projects or | 16282 |
| otherwise. Income from the investment of money in the fund shall | 16283 |
| be credited to the fund, and, if the director so requires, to | 16284 |
| particular accounts in the fund. | 16285 |
| Sec. 1547.723. (A) The director of natural resources shall | 16286 |
| adopt rules under Chapter 119. of the Revised Code that the | 16287 |
| director determines to be necessary for the implementation of the | 16288 |
| revolving loan program. The rules shall include a definition of | 16289 |
| what constitutes "allowable costs" of an eligible project for | 16290 |
| purposes of the program together with a definition of "marine | 16291 |
| recreational facilities," "refuge harbors," and "light draft | 16292 |
| vessels," respectively. | 16293 |
| (B) The director may delegate any of the director's duties or | 16294 |
| responsibilities under sections 1547.721 to 1547.726 of the | 16295 |
| Revised Code to the chief of the division of watercraft. | 16296 |
| Sec. 1547.724. (A) With the approval of the controlling | 16297 |
| board, and subject to the other applicable provisions of sections | 16298 |
| 1547.721 to 1547.726 of the Revised Code, the director of natural | 16299 |
| resources may lend moneys in the watercraft revolving loan fund to | 16300 |
| public or private entities for the purpose of paying the allowable | 16301 |
| costs of an eligible project. Loans shall be made under this | 16302 |
| division only if the director determines that all of the following | 16303 |
| apply: | 16304 |
| (1) The project is an eligible project and is economically | 16305 |
| sound; | 16306 |
| (2) The borrower is unable to finance the necessary allowable | 16307 |
| costs through ordinary financial channels upon comparable terms; | 16308 |
| (3) The repayment of the loan will be adequately secured by a | 16309 |
| mortgage, lien, assignment, or pledge at a level of priority as | 16310 |
| the director may require; | 16311 |
| (4) The amount of the loan does not exceed ninety per cent of | 16312 |
| the total cost of the project. | 16313 |
| (B) The determinations of the director under division (A) of | 16314 |
| this section shall be conclusive for purposes of the validity of a | 16315 |
| loan commitment evidenced by a loan agreement signed by the | 16316 |
| director. Further, the director's determinations that a project | 16317 |
| constitutes an eligible project and that the costs of such a | 16318 |
| project are allowable costs, together with all other | 16319 |
| determinations relevant to the project or to an action taken or | 16320 |
| agreement entered into under sections 1547.721 to 1547.726 of the | 16321 |
| Revised Code shall be conclusive for purposes of the validity and | 16322 |
| enforceability of rights of parties arising from actions taken and | 16323 |
| agreements entered into under those sections. | 16324 |
| (C) The director may take any actions necessary or | 16325 |
| appropriate with respect to a loan made under this section, | 16326 |
| including facilitating the collection of amounts due on a loan. | 16327 |
| Sec. 1547.725. For purposes of the revolving loan program, | 16328 |
| the director of natural resources may do any of the following: | 16329 |
| (A) Establish fees, charges, rates of interest, times of | 16330 |
| payment of interest and principal, and other terms, conditions, | 16331 |
| and provisions of and security for loans made from the watercraft | 16332 |
| revolving loan fund that the director determines to be appropriate | 16333 |
| and in furtherance of the purpose for which the loans are made; | 16334 |
| (B) Retain the services of or employ financial consultants, | 16335 |
| appraisers, consulting engineers, superintendents, managers, | 16336 |
| construction and accounting experts, attorneys, and employees, | 16337 |
| agents, and independent contractors that the director determines | 16338 |
| to be necessary and fix the compensation for their services; | 16339 |
| (C) Receive and accept from any person grants, gifts, | 16340 |
| contributions of money, property, labor, and other things of value | 16341 |
| to be held, used, and applied only for the purpose for which such | 16342 |
| grants, gifts, and contributions are made; | 16343 |
| (D) Enter into appropriate agreements with other governmental | 16344 |
| entities to provide for all of the following: | 16345 |
| (1) Payment of allowable costs related to the development of | 16346 |
| eligible projects for which loans have been made from the | 16347 |
| watercraft revolving loan fund; | 16348 |
| (2) Any governmental action a governmental entity is | 16349 |
| authorized to take, including undertaking on behalf and at the | 16350 |
| request of the director any action that the director is authorized | 16351 |
| to undertake pursuant to sections 1547.721 to 1547.725 of the | 16352 |
| Revised Code; | 16353 |
| (3) The operation of facilities associated with eligible | 16354 |
| projects. | 16355 |
| All state agencies shall cooperate with and provide | 16356 |
| assistance to the director as is necessary for the administration | 16357 |
| of sections 1547.721 to 1547.726 of the Revised Code. | 16358 |
| Sec. 1547.726. All money received by the state from the | 16359 |
| repayment of loans made from the watercraft revolving loan fund, | 16360 |
| including interest, fees, and charges associated with such loans, | 16361 |
| shall be deposited to the credit of the watercraft revolving loan | 16362 |
| fund. | 16363 |
| Sec. 1548.06. (A)(1) Application for a certificate of title | 16364 |
| for a watercraft or outboard motor shall be made upon a form | 16365 |
| prescribed by the chief of the division of watercraft and shall be | 16366 |
| sworn to before a notary public or other officer empowered to | 16367 |
| administer oaths. The application shall be filed with the clerk of | 16368 |
| any court of common pleas. An application for a certificate of | 16369 |
| title may be filed electronically by any electronic means approved | 16370 |
| by the chief in any county with the clerk of the court of common | 16371 |
| pleas of that county. The application shall be accompanied by the | 16372 |
| fee prescribed in section 1548.10 of the Revised Code. The fee | 16373 |
| shall be retained by the clerk who issues the certificate of title | 16374 |
| and shall be distributed in accordance with that section. If a | 16375 |
| clerk of a court of common pleas, other than the clerk of the | 16376 |
| court of common pleas of an applicant's county of residence, | 16377 |
| issues a certificate of title to the applicant, the clerk shall | 16378 |
| transmit data related to the transaction to the automated title | 16379 |
| processing system. | 16380 |
| (2) If a certificate of title previously has been issued for | 16381 |
| the watercraft or outboard motor, the application for a | 16382 |
| certificate of title also shall be accompanied by the certificate | 16383 |
| of title duly assigned unless otherwise provided in this chapter. | 16384 |
| If a certificate of title previously has not been issued for the | 16385 |
| watercraft or outboard motor in this state, the application, | 16386 |
| unless otherwise provided in this chapter, shall be accompanied by | 16387 |
| a manufacturer's or importer's certificate; by a sworn statement | 16388 |
| of ownership if the watercraft or outboard motor was purchased by | 16389 |
| the applicant on or before October 9, 1963, or if the watercraft | 16390 |
| is less than fourteen feet long with a permanently affixed | 16391 |
| mechanical means of propulsion and was purchased by the applicant | 16392 |
| on or before January 1, 2000; or by a certificate of title, bill | 16393 |
| of sale, or other evidence of ownership required by the law of | 16394 |
| another state from which the watercraft or outboard motor was | 16395 |
| brought into this state. Evidence of ownership of a watercraft or | 16396 |
| outboard motor for which an Ohio certificate of title previously | 16397 |
| has not been issued and which watercraft or outboard motor does | 16398 |
| not have permanently affixed to it a manufacturer's serial number | 16399 |
| shall be accompanied by the certificate of assignment of a hull | 16400 |
| identification number assigned by the chief as provided in section | 16401 |
| 1548.07 of the Revised Code. | 16402 |
| (3) The clerk shall retain the evidence of title presented by | 16403 |
| the applicant and on which the certificate of title is issued, | 16404 |
| except that, if an application for a certificate of title is filed | 16405 |
| electronically, by a vendor on behalf of a purchaser of a | 16406 |
| watercraft or outboard motor, the clerk shall retain the completed | 16407 |
| electronic record to which the vendor converted the certificate of | 16408 |
| title application and other required documents. The chief, after | 16409 |
| consultation with the attorney general, shall adopt rules that | 16410 |
| govern the location at which, and the manner in which, are stored | 16411 |
| the actual application and all other documents relating to the | 16412 |
| sale of a watercraft or outboard motor when a vendor files the | 16413 |
| application for a certificate of title electronically on behalf of | 16414 |
| a purchaser. | 16415 |
| (B) The clerk shall use reasonable diligence in ascertaining | 16416 |
| whether the facts in the application are true by checking the | 16417 |
| application and documents accompanying it or the electronic record | 16418 |
| to which a vendor converted the application and accompanying | 16419 |
| documents with the records of watercraft and outboard motors in | 16420 |
| the clerk's office. If the clerk is satisfied that the applicant | 16421 |
| is the owner of the watercraft or outboard motor and that the | 16422 |
| application is in the proper form, the clerk shall issue a | 16423 |
| physical certificate of title over the clerk's signature and | 16424 |
| sealed with the clerk's seal unless the applicant specifically | 16425 |
| requests the clerk not to issue a physical certificate of title | 16426 |
| and instead to issue an electronic certificate of title. However, | 16427 |
| if the evidence indicates and an investigation shows that one or | 16428 |
| more Ohio titles already exist for the watercraft or outboard | 16429 |
| motor, the chief may cause the redundant title or titles to be | 16430 |
| canceled. | 16431 |
| (C) In the case of the sale of a watercraft or outboard motor | 16432 |
| by a vendor to a general purchaser or user, the certificate of | 16433 |
| title shall be obtained in the name of the purchaser by the vendor | 16434 |
| upon application signed by the purchaser. In all other cases, the | 16435 |
| certificate shall be obtained by the purchaser. In all cases of | 16436 |
| transfer of watercraft or outboard motors, the application for | 16437 |
| certificate of title shall be filed within thirty days after the | 16438 |
| later of the date of purchase or assignment of ownership of the | 16439 |
| watercraft or outboard motor. If the application for certificate | 16440 |
| of title is not filed within thirty days after the later of the | 16441 |
| date of purchase or assignment of ownership of the watercraft or | 16442 |
| outboard motor, the clerk shall charge a late penalty fee of five | 16443 |
| dollars in addition to the fee prescribed by section 1548.10 of | 16444 |
| the Revised Code. The clerk shall retain the entire amount of each | 16445 |
| late penalty fee. | 16446 |
| (D) The clerk shall refuse to accept an application for | 16447 |
| certificate of title unless the applicant either tenders with the | 16448 |
| application payment of all taxes levied by or pursuant to Chapter | 16449 |
| 5739. or 5741. of the Revised Code based on the applicant's county | 16450 |
| of residence less, in the case of a sale by a vendor, any discount | 16451 |
| to which the vendor is entitled under section 5739.12 of the | 16452 |
| Revised Code, or submits any of the following: | 16453 |
| | 16454 |
| courts showing payment of the tax; | 16455 |
| | 16456 |
| by the purchaser at the time of sale as provided in section | 16457 |
| 5739.03 of the Revised Code; | 16458 |
| | 16459 |
| tax commissioner, that specifies why the purchase is not subject | 16460 |
| to the tax imposed by Chapter 5739. or 5741. of the Revised Code. | 16461 |
| Payment of the tax shall be in accordance with rules issued | 16462 |
| by the tax commissioner, and the clerk shall issue a receipt in | 16463 |
| the form prescribed by the tax commissioner to any applicant who | 16464 |
| tenders payment of the tax with the application for the | 16465 |
| certificate of title. | 16466 |
| (E)(1) For receiving and disbursing the taxes paid to the | 16467 |
| clerk by a resident of the clerk's county, the clerk may retain a | 16468 |
| poundage fee of one and one one-hundredth per cent of the taxes | 16469 |
| collected, which shall be paid into the certificate of title | 16470 |
| administration fund created by section 325.33 of the Revised Code. | 16471 |
| The clerk shall not retain a poundage fee from payments of taxes | 16472 |
| by persons who do not reside in the clerk's county. | 16473 |
| (2) A clerk, however, may retain from the taxes paid to the | 16474 |
| clerk an amount equal to the poundage fees associated with | 16475 |
| certificates of title issued by other clerks of courts of common | 16476 |
| pleas to applicants who reside in the first clerk's county. The | 16477 |
| chief of the division of watercraft, in consultation with the tax | 16478 |
| commissioner and the clerks of the courts of common pleas, shall | 16479 |
| develop a report from the automated title processing system that | 16480 |
| informs each clerk of the amount of the poundage fees that the | 16481 |
| clerk is permitted to retain from those taxes because of | 16482 |
| certificates of title issued by the clerks of other counties to | 16483 |
| applicants who reside in the first clerk's county. | 16484 |
| (F) In the case of casual sales of watercraft or outboard | 16485 |
| motors that are subject to the tax imposed by Chapter 5739. or | 16486 |
| 5741. of the Revised Code, the purchase price for the purpose of | 16487 |
| determining the tax shall be the purchase price on an affidavit | 16488 |
| executed and filed with the clerk by the vendor on a form to be | 16489 |
| prescribed by the chief, which shall be prima-facie evidence of | 16490 |
| the price for the determination of the tax. In addition to the | 16491 |
| information required by section 1548.08 of the Revised Code, each | 16492 |
| certificate of title shall contain in bold lettering the following | 16493 |
| notification and statements: "WARNING TO TRANSFEROR AND TRANSFEREE | 16494 |
| (SELLER AND BUYER). You are required by law to state the true | 16495 |
| selling price. A false statement is a violation of section 2921.13 | 16496 |
| of the Revised Code and is punishable by six months imprisonment | 16497 |
| or a fine of up to one thousand dollars, or both. All transfers | 16498 |
| are audited by the department of taxation. The seller and buyer | 16499 |
| must provide any information requested by the department of | 16500 |
| taxation. The buyer may be assessed any additional tax found to be | 16501 |
| due." | 16502 |
| | 16503 |
| 16504 | |
| 16505 | |
| 16506 | |
| clerk of courts shall forward to the treasurer of state all sales | 16507 |
| and use tax collections resulting from sales of titled watercraft | 16508 |
| and outboard motors during a calendar week on or before the Friday | 16509 |
| following the close of that week. If, on any Friday, the offices | 16510 |
| of the clerk of courts or the state are not open for business, the | 16511 |
| tax shall be forwarded to the treasurer of state on or before the | 16512 |
| next day on which the offices are open. Every remittance of tax | 16513 |
| under this division shall be accompanied by a remittance report in | 16514 |
| such form as the tax commissioner prescribes. Upon receipt of a | 16515 |
| tax remittance and remittance report, the treasurer of state shall | 16516 |
| date stamp the report and forward it to the tax commissioner. If | 16517 |
| the tax due for any week is not remitted by a clerk of courts as | 16518 |
| required under this division, the clerk shall forfeit the poundage | 16519 |
| fees for the sales made during that week. The treasurer of state | 16520 |
| may require the clerks of courts to transmit tax collections and | 16521 |
| remittance reports electronically. | 16522 |
| (H) For purposes of a transfer of a certificate of title, if | 16523 |
| the clerk is satisfied that a secured party has discharged a lien | 16524 |
| but has not canceled the lien notation with a clerk, the clerk may | 16525 |
| cancel the lien notation on the automated title processing system | 16526 |
| and notify the clerk of the county of origin. | 16527 |
| (I) Every clerk shall have the capability to transact by | 16528 |
| electronic means all procedures and transactions relating to the | 16529 |
| issuance of watercraft or outboard motor certificates of title | 16530 |
| that are described in the Revised Code as being accomplished by | 16531 |
| electronic means. | 16532 |
| Sec. 1707.01. As used in this chapter: | 16533 |
| (A) Whenever the context requires it, "division" or "division | 16534 |
| of securities" may be read as "director of commerce" or as | 16535 |
| "commissioner of securities." | 16536 |
| (B) "Security" means any certificate or instrument, or any | 16537 |
| oral, written, or electronic agreement, understanding, or | 16538 |
| opportunity, that represents title to or interest in, or is | 16539 |
| secured by any lien or charge upon, the capital, assets, profits, | 16540 |
| property, or credit of any person or of any public or governmental | 16541 |
| body, subdivision, or agency. It includes shares of stock, | 16542 |
| certificates for shares of stock, an uncertificated security, | 16543 |
| membership interests in limited liability companies, voting-trust | 16544 |
| certificates, warrants and options to purchase securities, | 16545 |
| subscription rights, interim receipts, interim certificates, | 16546 |
| promissory notes, all forms of commercial paper, evidences of | 16547 |
| indebtedness, bonds, debentures, land trust certificates, fee | 16548 |
| certificates, leasehold certificates, syndicate certificates, | 16549 |
| endowment certificates, interests in or under profit-sharing or | 16550 |
| participation agreements, interests in or under oil, gas, or | 16551 |
| mining leases, preorganization or reorganization subscriptions, | 16552 |
| preorganization certificates, reorganization certificates, | 16553 |
| interests in any trust or pretended trust, any investment | 16554 |
| contract, any life settlement interest, any instrument evidencing | 16555 |
| a promise or an agreement to pay money, warehouse receipts for | 16556 |
| intoxicating liquor, and the currency of any government other than | 16557 |
| those of the United States and Canada, but sections 1707.01 to | 16558 |
| 1707.45 of the Revised Code do not apply to the sale of real | 16559 |
| estate. | 16560 |
| (C)(1) "Sale" has the full meaning of "sale" as applied by or | 16561 |
| accepted in courts of law or equity, and includes every | 16562 |
| disposition, or attempt to dispose, of a security or of an | 16563 |
| interest in a security. "Sale" also includes a contract to sell, | 16564 |
| an exchange, an attempt to sell, an option of sale, a solicitation | 16565 |
| of a sale, a solicitation of an offer to buy, a subscription, or | 16566 |
| an offer to sell, directly or indirectly, by agent, circular, | 16567 |
| pamphlet, advertisement, or otherwise. | 16568 |
| (2) "Sell" means any act by which a sale is made. | 16569 |
| (3) The use of advertisements, circulars, or pamphlets in | 16570 |
| connection with the sale of securities in this state exclusively | 16571 |
| to the purchasers specified in division (D) of section 1707.03 of | 16572 |
| the Revised Code is not a sale when the advertisements, circulars, | 16573 |
| and pamphlets describing and offering those securities bear a | 16574 |
| readily legible legend in substance as follows: "This offer is | 16575 |
| made on behalf of dealers licensed under sections 1707.01 to | 16576 |
| 1707.45 of the Revised Code, and is confined in this state | 16577 |
| exclusively to institutional investors and licensed dealers." | 16578 |
| (4) The offering of securities by any person in conjunction | 16579 |
| with a licensed dealer by use of advertisement, circular, or | 16580 |
| pamphlet is not a sale if that person does not otherwise attempt | 16581 |
| to sell securities in this state. | 16582 |
| (5) Any security given with, or as a bonus on account of, any | 16583 |
| purchase of securities is conclusively presumed to constitute a | 16584 |
| part of the subject of that purchase and has been "sold." | 16585 |
| (6) "Sale" by an owner, pledgee, or mortgagee, or by a person | 16586 |
| acting in a representative capacity, includes sale on behalf of | 16587 |
| such party by an agent, including a licensed dealer or | 16588 |
| salesperson. | 16589 |
| (D) "Person," except as otherwise provided in this chapter, | 16590 |
| means a natural person, firm, partnership, limited partnership, | 16591 |
| partnership association, syndicate, joint-stock company, | 16592 |
| unincorporated association, trust or trustee except where the | 16593 |
| trust was created or the trustee designated by law or judicial | 16594 |
| authority or by a will, and a corporation or limited liability | 16595 |
| company organized under the laws of any state, any foreign | 16596 |
| government, or any political subdivision of a state or foreign | 16597 |
| government. | 16598 |
| (E)(1) "Dealer," except as otherwise provided in this | 16599 |
| chapter, means every person, other than a salesperson, who engages | 16600 |
| or professes to engage, in this state, for either all or part of | 16601 |
| the person's time, directly or indirectly, either in the business | 16602 |
| of the sale of securities for the person's own account, or in the | 16603 |
| business of the purchase or sale of securities for the account of | 16604 |
| others in the reasonable expectation of receiving a commission, | 16605 |
| fee, or other remuneration as a result of engaging in the purchase | 16606 |
| and sale of securities. "Dealer" does not mean any of the | 16607 |
| following: | 16608 |
| (a) Any issuer, including any officer, director, employee, or | 16609 |
| trustee of, or member or manager of, or partner in, or any general | 16610 |
| partner of, any issuer, that sells, offers for sale, or does any | 16611 |
| act in furtherance of the sale of a security that represents an | 16612 |
| economic interest in that issuer, provided no commission, fee, or | 16613 |
| other similar remuneration is paid to or received by the issuer | 16614 |
| for the sale; | 16615 |
| (b) Any licensed attorney, public accountant, or firm of such | 16616 |
| attorneys or accountants, whose activities are incidental to the | 16617 |
| practice of the attorney's, accountant's, or firm's profession; | 16618 |
| (c) Any person that, for the account of others, engages in | 16619 |
| the purchase or sale of securities that are issued and outstanding | 16620 |
| before such purchase and sale, if a majority or more of the equity | 16621 |
| interest of an issuer is sold in that transaction, and if, in the | 16622 |
| case of a corporation, the securities sold in that transaction | 16623 |
| represent a majority or more of the voting power of the | 16624 |
| corporation in the election of directors; | 16625 |
| (d) Any person that brings an issuer together with a | 16626 |
| potential investor and whose compensation is not directly or | 16627 |
| indirectly based on the sale of any securities by the issuer to | 16628 |
| the investor; | 16629 |
| (e) Any bank; | 16630 |
| (f) Any person that the division of securities by rule | 16631 |
| exempts from the definition of "dealer" under division (E)(1) of | 16632 |
| this section. | 16633 |
| (2) "Licensed dealer" means a dealer licensed under this | 16634 |
| chapter. | 16635 |
| (F)(1) "Salesman" or "salesperson" means every natural | 16636 |
| person, other than a dealer, who is employed, authorized, or | 16637 |
| appointed by a dealer to sell securities within this state. | 16638 |
| (2) The general partners of a partnership, and the executive | 16639 |
| officers of a corporation or unincorporated association, licensed | 16640 |
| as a dealer are not salespersons within the meaning of this | 16641 |
| definition, nor are such clerical or other employees of an issuer | 16642 |
| or dealer as are employed for work to which the sale of securities | 16643 |
| is secondary and incidental; but the division of securities may | 16644 |
| require a license from any such partner, executive officer, or | 16645 |
| employee if it determines that protection of the public | 16646 |
| necessitates the licensing. | 16647 |
| (3) "Licensed salesperson" means a salesperson licensed under | 16648 |
| this chapter. | 16649 |
| (G) "Issuer" means every person who has issued, proposes to | 16650 |
| issue, or issues any security. | 16651 |
| (H) "Director" means each director or trustee of a | 16652 |
| corporation, each trustee of a trust, each general partner of a | 16653 |
| partnership, except a partnership association, each manager of a | 16654 |
| partnership association, and any person vested with managerial or | 16655 |
| directory power over an issuer not having a board of directors or | 16656 |
| trustees. | 16657 |
| (I) "Incorporator" means any incorporator of a corporation | 16658 |
| and any organizer of, or any person participating, other than in a | 16659 |
| representative or professional capacity, in the organization of an | 16660 |
| unincorporated issuer. | 16661 |
| (J) "Fraud," "fraudulent," "fraudulent acts," "fraudulent | 16662 |
| practices," or "fraudulent transactions" means anything recognized | 16663 |
| on or after July 22, 1929, as such in courts of law or equity; any | 16664 |
| device, scheme, or artifice to defraud or to obtain money or | 16665 |
| property by means of any false pretense, representation, or | 16666 |
| promise; any fictitious or pretended purchase or sale of | 16667 |
| securities; and any act, practice, transaction, or course of | 16668 |
| business relating to the purchase or sale of securities that is | 16669 |
| fraudulent or that has operated or would operate as a fraud upon | 16670 |
| the seller or purchaser. | 16671 |
| (K) Except as otherwise specifically provided, whenever any | 16672 |
| classification or computation is based upon "par value," as | 16673 |
| applied to securities without par value, the average of the | 16674 |
| aggregate consideration received or to be received by the issuer | 16675 |
| for each class of those securities shall be used as the basis for | 16676 |
| that classification or computation. | 16677 |
| (L)(1) "Intangible property" means patents, copyrights, | 16678 |
| secret processes, formulas, services, good will, promotion and | 16679 |
| organization fees and expenses, trademarks, trade brands, trade | 16680 |
| names, licenses, franchises, any other assets treated as | 16681 |
| intangible according to generally accepted accounting principles, | 16682 |
| and securities, accounts receivable, or contract rights having no | 16683 |
| readily determinable value. | 16684 |
| (2) "Tangible property" means all property other than | 16685 |
| intangible property and includes securities, accounts receivable, | 16686 |
| and contract rights, when the securities, accounts receivable, or | 16687 |
| contract rights have a readily determinable value. | 16688 |
| (M) "Public utilities" means those utilities defined in | 16689 |
| sections 4905.02, 4905.03, 4907.02, and 4907.03 of the Revised | 16690 |
| Code; in the case of a foreign corporation, it means those | 16691 |
| utilities defined as public utilities by the laws of its domicile; | 16692 |
| and in the case of any other foreign issuer, it means those | 16693 |
| utilities defined as public utilities by the laws of the situs of | 16694 |
| its principal place of business. The term always includes | 16695 |
| railroads whether or not they are so defined as public utilities. | 16696 |
| (N) "State" means any state of the United States, any | 16697 |
| territory or possession of the United States, the District of | 16698 |
| Columbia, and any province of Canada. | 16699 |
| (O) "Bank" means any bank, trust company, savings and loan | 16700 |
| association, savings bank, or credit union that is incorporated or | 16701 |
| organized under the laws of the United States, any state of the | 16702 |
| United States, Canada, or any province of Canada and that is | 16703 |
| subject to regulation or supervision by that country, state, or | 16704 |
| province. | 16705 |
| (P) "Include," when used in a definition, does not exclude | 16706 |
| other things or persons otherwise within the meaning of the term | 16707 |
| defined. | 16708 |
| (Q)(1) "Registration by description" means that the | 16709 |
| requirements of section 1707.08 of the Revised Code have been | 16710 |
| complied with. | 16711 |
| (2) "Registration by qualification" means that the | 16712 |
| requirements of sections 1707.09 and 1707.11 of the Revised Code | 16713 |
| have been complied with. | 16714 |
| (3) "Registration by coordination" means that there has been | 16715 |
| compliance with section 1707.091 of the Revised Code. Reference in | 16716 |
| this chapter to registration by qualification also shall be deemed | 16717 |
| to include registration by coordination unless the context | 16718 |
| otherwise indicates. | 16719 |
| (R) "Intoxicating liquor" includes all liquids and compounds | 16720 |
| that contain more than three and two-tenths per cent of alcohol by | 16721 |
| weight and are fit for use for beverage purposes. | 16722 |
| (S) "Institutional investor" means any corporation, bank, | 16723 |
| insurance company, pension fund or pension fund trust, employees' | 16724 |
| profit-sharing fund or employees' profit-sharing trust, any | 16725 |
| association engaged, as a substantial part of its business or | 16726 |
| operations, in purchasing or holding securities, or any trust in | 16727 |
| respect of which a bank is trustee or cotrustee. "Institutional | 16728 |
| investor" does not include any business entity formed for the | 16729 |
| primary purpose of evading sections 1707.01 to 1707.45 of the | 16730 |
| Revised Code. | 16731 |
| (T) "Securities Act of 1933," 48 Stat. 74, 15 U.S.C. 77a, | 16732 |
| "Securities Exchange Act of 1934," 48 Stat. 881, 15 U.S.C. 78a, | 16733 |
| "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, | 16734 |
| "Investment Advisers Act of 1940," 54 Stat. 847, 15 U.S.C. 80b, | 16735 |
| and "Investment Company Act of 1940," 54 Stat. 789, 15 U.S.C. 80a | 16736 |
| mean the federal statutes of those names as amended before or | 16737 |
| after March 18, 1999. | 16738 |
| (U) "Securities and exchange commission" means the securities | 16739 |
| and exchange commission established by the Securities Exchange Act | 16740 |
| of 1934. | 16741 |
| (V)(1) "Control bid" means the purchase of or offer to | 16742 |
| purchase any equity security of a subject company from a resident | 16743 |
| of this state if either of the following applies: | 16744 |
| (a) After the purchase of that security, the offeror would be | 16745 |
| directly or indirectly the beneficial owner of more than ten per | 16746 |
| cent of any class of the issued and outstanding equity securities | 16747 |
| of the issuer. | 16748 |
| (b) The offeror is the subject company, there is a pending | 16749 |
| control bid by a person other than the issuer, and the number of | 16750 |
| the issued and outstanding shares of the subject company would be | 16751 |
| reduced by more than ten per cent. | 16752 |
| (2) For purposes of division (V)(1) of this section, "control | 16753 |
| bid" does not include any of the following: | 16754 |
| (a) A bid made by a dealer for the dealer's own account in | 16755 |
| the ordinary course of business of buying and selling securities; | 16756 |
| (b) An offer to acquire any equity security solely in | 16757 |
| exchange for any other security, or the acquisition of any equity | 16758 |
| security pursuant to an offer, for the sole account of the | 16759 |
| offeror, in good faith and not for the purpose of avoiding the | 16760 |
| provisions of this chapter, and not involving any public offering | 16761 |
| of the other security within the meaning of Section 4 of Title I | 16762 |
| of the "Securities Act of 1933," 48 Stat. 77, 15 U.S.C.A. 77d(2), | 16763 |
| as amended; | 16764 |
| (c) Any other offer to acquire any equity security, or the | 16765 |
| acquisition of any equity security pursuant to an offer, for the | 16766 |
| sole account of the offeror, from not more than fifty persons, in | 16767 |
| good faith and not for the purpose of avoiding the provisions of | 16768 |
| this chapter. | 16769 |
| (W) "Offeror" means a person who makes, or in any way | 16770 |
| participates or aids in making, a control bid and includes persons | 16771 |
| acting jointly or in concert, or who intend to exercise jointly or | 16772 |
| in concert any voting rights attached to the securities for which | 16773 |
| the control bid is made and also includes any subject company | 16774 |
| making a control bid for its own securities. | 16775 |
| (X)(1) "Investment adviser" means any person who, for | 16776 |
| compensation, engages in the business of advising others, either | 16777 |
| directly or through publications or writings, as to the value of | 16778 |
| securities or as to the advisability of investing in, purchasing, | 16779 |
| or selling securities, or who, for compensation and as a part of | 16780 |
| regular business, issues or promulgates analyses or reports | 16781 |
| concerning securities. | 16782 |
| (2) "Investment adviser" does not mean any of the following: | 16783 |
| (a) Any attorney, accountant, engineer, or teacher, whose | 16784 |
| performance of investment advisory services described in division | 16785 |
| (X)(1) of this section is solely incidental to the practice of the | 16786 |
| attorney's, accountant's, engineer's, or teacher's profession; | 16787 |
| (b) A publisher of any bona fide newspaper, news magazine, or | 16788 |
| business or financial publication of general and regular | 16789 |
| circulation; | 16790 |
| (c) A person who acts solely as an investment adviser | 16791 |
| representative; | 16792 |
| (d) A bank holding company, as defined in the "Bank Holding | 16793 |
| Company Act of 1956," 70 Stat. 133, 12 U.S.C. 1841, that is not an | 16794 |
| investment company; | 16795 |
| (e) A bank, or any receiver, conservator, or other | 16796 |
| liquidating agent of a bank; | 16797 |
| (f) Any licensed dealer or licensed salesperson whose | 16798 |
| performance of investment advisory services described in division | 16799 |
| (X)(1) of this section is solely incidental to the conduct of the | 16800 |
| dealer's or salesperson's business as a licensed dealer or | 16801 |
| licensed salesperson and who receives no special compensation for | 16802 |
| the services; | 16803 |
| (g) Any person, the advice, analyses, or reports of which do | 16804 |
| not relate to securities other than securities that are direct | 16805 |
| obligations of, or obligations guaranteed as to principal or | 16806 |
| interest by, the United States, or securities issued or guaranteed | 16807 |
| by corporations in which the United States has a direct or | 16808 |
| indirect interest, and that have been designated by the secretary | 16809 |
| of the treasury as exempt securities as defined in the "Securities | 16810 |
| Exchange Act of 1934," 48 Stat. 881, 15 U.S.C. 78c; | 16811 |
| (h) Any person that is excluded from the definition of | 16812 |
| investment adviser pursuant to section 202(a)(11)(A) to (E) of the | 16813 |
| "Investment Advisers Act of 1940," 15 U.S.C. 80b-2(a)(11), or that | 16814 |
| has received an order from the securities and exchange commission | 16815 |
| under section 202(a)(11)(F) of the "Investment Advisers Act of | 16816 |
| 1940," 15 U.S.C. 80b-2(a)(11)(F), declaring that the person is not | 16817 |
| within the intent of section 202(a)(11) of the Investment Advisers | 16818 |
| Act of 1940. | 16819 |
| (i) A person who acts solely as a state retirement system | 16820 |
| investment officer or as a bureau of workers' compensation chief | 16821 |
| investment officer; | 16822 |
| (j) Any other person that the division designates by rule, if | 16823 |
| the division finds that the designation is necessary or | 16824 |
| appropriate in the public interest or for the protection of | 16825 |
| investors or clients and consistent with the purposes fairly | 16826 |
| intended by the policy and provisions of this chapter. | 16827 |
| (Y)(1) "Subject company" means an issuer that satisfies both | 16828 |
| of the following: | 16829 |
| (a) Its principal place of business or its principal | 16830 |
| executive office is located in this state, or it owns or controls | 16831 |
| assets located within this state that have a fair market value of | 16832 |
| at least one million dollars. | 16833 |
| (b) More than ten per cent of its beneficial or record equity | 16834 |
| security holders are resident in this state, more than ten per | 16835 |
| cent of its equity securities are owned beneficially or of record | 16836 |
| by residents in this state, or more than one thousand of its | 16837 |
| beneficial or record equity security holders are resident in this | 16838 |
| state. | 16839 |
| (2) The division of securities may adopt rules to establish | 16840 |
| more specific application of the provisions set forth in division | 16841 |
| (Y)(1) of this section. Notwithstanding the provisions set forth | 16842 |
| in division (Y)(1) of this section and any rules adopted under | 16843 |
| this division, the division, by rule or in an adjudicatory | 16844 |
| proceeding, may make a determination that an issuer does not | 16845 |
| constitute a "subject company" under division (Y)(1) of this | 16846 |
| section if appropriate review of control bids involving the issuer | 16847 |
| is to be made by any regulatory authority of another jurisdiction. | 16848 |
| (Z) "Beneficial owner" includes any person who directly or | 16849 |
| indirectly through any contract, arrangement, understanding, or | 16850 |
| relationship has or shares, or otherwise has or shares, the power | 16851 |
| to vote or direct the voting of a security or the power to dispose | 16852 |
| of, or direct the disposition of, the security. "Beneficial | 16853 |
| ownership" includes the right, exercisable within sixty days, to | 16854 |
| acquire any security through the exercise of any option, warrant, | 16855 |
| or right, the conversion of any convertible security, or | 16856 |
| otherwise. Any security subject to any such option, warrant, | 16857 |
| right, or conversion privilege held by any person shall be deemed | 16858 |
| to be outstanding for the purpose of computing the percentage of | 16859 |
| outstanding securities of the class owned by that person, but | 16860 |
| shall not be deemed to be outstanding for the purpose of computing | 16861 |
| the percentage of the class owned by any other person. A person | 16862 |
| shall be deemed the beneficial owner of any security beneficially | 16863 |
| owned by any relative or spouse or relative of the spouse residing | 16864 |
| in the home of that person, any trust or estate in which that | 16865 |
| person owns ten per cent or more of the total beneficial interest | 16866 |
| or serves as trustee or executor, any corporation or entity in | 16867 |
| which that person owns ten per cent or more of the equity, and any | 16868 |
| affiliate or associate of that person. | 16869 |
| (AA) "Offeree" means the beneficial or record owner of any | 16870 |
| security that an offeror acquires or offers to acquire in | 16871 |
| connection with a control bid. | 16872 |
| (BB) "Equity security" means any share or similar security, | 16873 |
| or any security convertible into any such security, or carrying | 16874 |
| any warrant or right to subscribe to or purchase any such | 16875 |
| security, or any such warrant or right, or any other security | 16876 |
| that, for the protection of security holders, is treated as an | 16877 |
| equity security pursuant to rules of the division of securities. | 16878 |
| (CC)(1) "Investment adviser representative" means a | 16879 |
| supervised person of an investment adviser, provided that the | 16880 |
| supervised person has more than five clients who are natural | 16881 |
| persons other than excepted persons defined in division (EE) of | 16882 |
| this section, and that more than ten per cent of the supervised | 16883 |
| person's clients are natural persons other than excepted persons | 16884 |
| defined in division (EE) of this section. "Investment adviser | 16885 |
| representative" does not mean any of the following: | 16886 |
| (a) A supervised person that does not on a regular basis | 16887 |
| solicit, meet with, or otherwise communicate with clients of the | 16888 |
| investment adviser; | 16889 |
| (b) A supervised person that provides only investment | 16890 |
| advisory services described in division (X)(1) of this section by | 16891 |
| means of written materials or oral statements that do not purport | 16892 |
| to meet the objectives or needs of specific individuals or | 16893 |
| accounts; | 16894 |
| (c) Any other person that the division designates by rule, if | 16895 |
| the division finds that the designation is necessary or | 16896 |
| appropriate in the public interest or for the protection of | 16897 |
| investors or clients and is consistent with the provisions fairly | 16898 |
| intended by the policy and provisions of this chapter. | 16899 |
| (2) For the purpose of the calculation of clients in division | 16900 |
| (CC)(1) of this section, a natural person and the following | 16901 |
| persons are deemed a single client: Any minor child of the natural | 16902 |
| person; any relative, spouse, or relative of the spouse of the | 16903 |
| natural person who has the same principal residence as the natural | 16904 |
| person; all accounts of which the natural person or the persons | 16905 |
| referred to in division (CC)(2) of this section are the only | 16906 |
| primary beneficiaries; and all trusts of which the natural person | 16907 |
| or persons referred to in division (CC)(2) of this section are the | 16908 |
| only primary beneficiaries. Persons who are not residents of the | 16909 |
| United States need not be included in the calculation of clients | 16910 |
| under division (CC)(1) of this section. | 16911 |
| (3) If subsequent to March 18, 1999, amendments are enacted | 16912 |
| or adopted defining "investment adviser representative" for | 16913 |
| purposes of the Investment Advisers Act of 1940 or additional | 16914 |
| rules or regulations are promulgated by the securities and | 16915 |
| exchange commission regarding the definition of "investment | 16916 |
| adviser representative" for purposes of the Investment Advisers | 16917 |
| Act of 1940, the division of securities shall, by rule, adopt the | 16918 |
| substance of the amendments, rules, or regulations, unless the | 16919 |
| division finds that the amendments, rules, or regulations are not | 16920 |
| necessary for the protection of investors or in the public | 16921 |
| interest. | 16922 |
| (DD) "Supervised person" means a natural person who is any of | 16923 |
| the following: | 16924 |
| (1) A partner, officer, or director of an investment adviser, | 16925 |
| or other person occupying a similar status or performing similar | 16926 |
| functions with respect to an investment adviser; | 16927 |
| (2) An employee of an investment adviser; | 16928 |
| (3) A person who provides investment advisory services | 16929 |
| described in division (X)(1) of this section on behalf of the | 16930 |
| investment adviser and is subject to the supervision and control | 16931 |
| of the investment adviser. | 16932 |
| (EE) "Excepted person" means a natural person to whom any of | 16933 |
| the following applies: | 16934 |
| (1) Immediately after entering into the investment advisory | 16935 |
| contract with the investment adviser, the person has at least | 16936 |
| seven hundred fifty thousand dollars under the management of the | 16937 |
| investment adviser. | 16938 |
| (2) The investment adviser reasonably believes either of the | 16939 |
| following at the time the investment advisory contract is entered | 16940 |
| into with the person: | 16941 |
| (a) The person has a net worth, together with assets held | 16942 |
| jointly with a spouse, of more than one million five hundred | 16943 |
| thousand dollars. | 16944 |
| (b) The person is a qualified purchaser as defined in | 16945 |
| division (FF) of this section. | 16946 |
| (3) Immediately prior to entering into an investment advisory | 16947 |
| contract with the investment adviser, the person is either of the | 16948 |
| following: | 16949 |
| (a) An executive officer, director, trustee, general partner, | 16950 |
| or person serving in a similar capacity, of the investment | 16951 |
| adviser; | 16952 |
| (b) An employee of the investment adviser, other than an | 16953 |
| employee performing solely clerical, secretarial, or | 16954 |
| administrative functions or duties for the investment adviser, | 16955 |
| which employee, in connection with the employee's regular | 16956 |
| functions or duties, participates in the investment activities of | 16957 |
| the investment adviser, provided that, for at least twelve months, | 16958 |
| the employee has been performing such nonclerical, nonsecretarial, | 16959 |
| or nonadministrative functions or duties for or on behalf of the | 16960 |
| investment adviser or performing substantially similar functions | 16961 |
| or duties for or on behalf of another company. | 16962 |
| If subsequent to March 18, 1999, amendments are enacted or | 16963 |
| adopted defining "excepted person" for purposes of the Investment | 16964 |
| Advisers Act of 1940 or additional rules or regulations are | 16965 |
| promulgated by the securities and exchange commission regarding | 16966 |
| the definition of "excepted person" for purposes of the Investment | 16967 |
| Advisers Act of 1940, the division of securities shall, by rule, | 16968 |
| adopt the substance of the amendments, rules, or regulations, | 16969 |
| unless the division finds that the amendments, rules, or | 16970 |
| regulations are not necessary for the protection of investors or | 16971 |
| in the public interest. | 16972 |
| (FF)(1) "Qualified purchaser" means either of the following: | 16973 |
| (a) A natural person who owns not less than five million | 16974 |
| dollars in investments as defined by rule by the division of | 16975 |
| securities; | 16976 |
| (b) A natural person, acting for the person's own account or | 16977 |
| accounts of other qualified purchasers, who in the aggregate owns | 16978 |
| and invests on a discretionary basis, not less than twenty-five | 16979 |
| million dollars in investments as defined by rule by the division | 16980 |
| of securities. | 16981 |
| (2) If subsequent to March 18, 1999, amendments are enacted | 16982 |
| or adopted defining "qualified purchaser" for purposes of the | 16983 |
| Investment Advisers Act of 1940 or additional rules or regulations | 16984 |
| are promulgated by the securities and exchange commission | 16985 |
| regarding the definition of "qualified purchaser" for purposes of | 16986 |
| the Investment Advisers Act of 1940, the division of securities | 16987 |
| shall, by rule, adopt the amendments, rules, or regulations, | 16988 |
| unless the division finds that the amendments, rules, or | 16989 |
| regulations are not necessary for the protection of investors or | 16990 |
| in the public interest. | 16991 |
| (GG)(1) "Purchase" has the full meaning of "purchase" as | 16992 |
| applied by or accepted in courts of law or equity and includes | 16993 |
| every acquisition of, or attempt to acquire, a security or an | 16994 |
| interest in a security. "Purchase" also includes a contract to | 16995 |
| purchase, an exchange, an attempt to purchase, an option to | 16996 |
| purchase, a solicitation of a purchase, a solicitation of an offer | 16997 |
| to sell, a subscription, or an offer to purchase, directly or | 16998 |
| indirectly, by agent, circular, pamphlet, advertisement, or | 16999 |
| otherwise. | 17000 |
| (2) "Purchase" means any act by which a purchase is made. | 17001 |
| (3) Any security given with, or as a bonus on account of, any | 17002 |
| purchase of securities is conclusively presumed to constitute a | 17003 |
| part of the subject of that purchase. | 17004 |
| (HH) "Life settlement interest" means the entire interest or | 17005 |
| any fractional interest in an insurance policy or certificate of | 17006 |
| insurance, or in an insurance benefit under such a policy or | 17007 |
| certificate, that is the subject of a life settlement contract. | 17008 |
| For purposes of this division, "life settlement contract" | 17009 |
| means an agreement for the purchase, sale, assignment, transfer, | 17010 |
| devise, or bequest of any portion of the death benefit or | 17011 |
| ownership of any life insurance policy or contract, in return for | 17012 |
| consideration or any other thing of value that is less than the | 17013 |
| expected death benefit of the life insurance policy or contract. | 17014 |
| "Life settlement contract" includes a viatical settlement contract | 17015 |
| as defined in section 3916.01 of the Revised Code, but does not | 17016 |
| include any of the following: | 17017 |
| (1) A loan by an insurer under the terms of a life insurance | 17018 |
| policy, including, but not limited to, a loan secured by the cash | 17019 |
| value of the policy; | 17020 |
| (2) An agreement with a bank that takes an assignment of a | 17021 |
| life insurance policy as collateral for a loan; | 17022 |
| (3) The provision of accelerated benefits as defined in | 17023 |
| section 3915.21 of the Revised Code; | 17024 |
| (4) Any agreement between an insurer and a reinsurer; | 17025 |
| (5) An agreement by an individual to purchase an existing | 17026 |
| life insurance policy or contract from the original owner of the | 17027 |
| policy or contract, if the individual does not enter into more | 17028 |
| than one life settlement contract per calendar year; | 17029 |
| (6) The initial purchase of an insurance policy or | 17030 |
| certificate of insurance from its owner by a viatical settlement | 17031 |
| provider, as defined in section 3916.01 of the Revised Code, that | 17032 |
| is licensed under Chapter 3916. of the Revised Code. | 17033 |
| (II) "State retirement system" means the public employees | 17034 |
| retirement system, Ohio police and fire pension fund, state | 17035 |
| teachers retirement system, school employees retirement system, | 17036 |
| and state highway patrol retirement system. | 17037 |
| (JJ) "State retirement system investment officer" means an | 17038 |
| individual employed by a state retirement system as a chief | 17039 |
| investment officer, assistant investment officer, or the person in | 17040 |
| charge of a class of assets or in a position that is substantially | 17041 |
| equivalent to chief investment officer, assistant investment | 17042 |
| officer, or person in charge of a class of assets. | 17043 |
| (KK) "Bureau of workers' compensation chief investment | 17044 |
| officer" means an individual employed by the bureau of workers' | 17045 |
| compensation as a chief investment officer in a position that is | 17046 |
| substantially equivalent to a chief investment officer. | 17047 |
| Sec. 1707.164. (A) No person shall act as a bureau of | 17048 |
| workers' compensation chief investment officer unless the person | 17049 |
| is licensed as a bureau of workers' compensation chief investment | 17050 |
| officer by the division of securities. | 17051 |
| (B) No bureau of workers' compensation chief investment | 17052 |
| officer shall act as a dealer, salesperson, investment advisor, or | 17053 |
| investment advisor representative. | 17054 |
| Sec. 1707.165. (A) Application for a bureau of workers' | 17055 |
| compensation chief investment officer's license shall be made in | 17056 |
| accordance with this section by filing with the division of | 17057 |
| securities the information, materials, and forms specified in | 17058 |
| rules adopted by the division. | 17059 |
| (B) The division may investigate any applicant for a license | 17060 |
| and may require any additional information as it considers | 17061 |
| necessary to determine the applicant's business repute and | 17062 |
| qualifications to act as a chief investment officer. If the | 17063 |
| application for a bureau of workers' compensation chief investment | 17064 |
| officer's license involves investigation outside of this state, | 17065 |
| the applicant may be required by the division to advance | 17066 |
| sufficient funds to pay any of the actual expenses of the | 17067 |
| investigation. The division shall furnish the applicant with an | 17068 |
| itemized statement of the expenses the applicant is required to | 17069 |
| pay. | 17070 |
| (C) The division shall by rule require an applicant for a | 17071 |
| bureau of workers' compensation chief investment officer's license | 17072 |
| to pass an examination designated by the division or achieve a | 17073 |
| specified professional designation unless the applicant meets both | 17074 |
| of the following requirements: | 17075 |
| (1) Acts as a bureau of workers' compensation chief | 17076 |
| investment officer on the effective date of this section; | 17077 |
| (2) Has experience or education acceptable to the division. | 17078 |
| (D) If the division finds that the applicant is of good | 17079 |
| business repute, appears to be qualified to act as a bureau of | 17080 |
| workers' compensation chief investment officer, and has complied | 17081 |
| with this chapter and rules adopted by the division under this | 17082 |
| chapter, the division, upon receipt of the fees prescribed by | 17083 |
| division (B) of section 1707.17 of the Revised Code, shall issue | 17084 |
| to the applicant a license authorizing the applicant to act as a | 17085 |
| bureau of workers' compensation chief investment officer. | 17086 |
| Sec. 1707.17. (A)(1) The license of every dealer in and | 17087 |
| salesperson of securities shall expire on the thirty-first day of | 17088 |
| December of each year, and may be renewed upon the filing with the | 17089 |
| division of securities of an application for renewal, and the | 17090 |
| payment of the fee prescribed in this section. The division shall | 17091 |
| give notice, without unreasonable delay, of its action on any | 17092 |
| application for renewal of a dealer's or salesperson's license. | 17093 |
| (2) The license of every investment adviser and investment | 17094 |
| adviser representative licensed under section 1707.141 or 1707.161 | 17095 |
| of the Revised Code shall expire on the thirty-first day of | 17096 |
| December of each year. The licenses may be renewed upon the filing | 17097 |
| with the division of an application for renewal, and the payment | 17098 |
| of the fee prescribed in division (B) of this section. The | 17099 |
| division shall give notice, without unreasonable delay, of its | 17100 |
| action on any application for renewal. | 17101 |
| (3) An investment adviser required to make a notice filing | 17102 |
| under division (B) of section 1707.141 of the Revised Code | 17103 |
| annually shall file with the division the notice filing and the | 17104 |
| fee prescribed in division (B) of this section, no later than the | 17105 |
| thirty-first day of December of each year. | 17106 |
| (4) The license of every state retirement system investment | 17107 |
| officer licensed under section 1707.163 of the Revised Code and | 17108 |
| the license of a bureau of workers' compensation chief investment | 17109 |
| officer issued under section 1707.165 of the Revised Code shall | 17110 |
| expire on the thirtieth day of June of each year. The licenses may | 17111 |
| be renewed on the filing with the division of an application for | 17112 |
| renewal, and the payment of the fee prescribed in division (B) of | 17113 |
| this section. The division shall give notice, without unreasonable | 17114 |
| delay, of its action on any application for renewal. | 17115 |
| (B)(1) The fee for each dealer's license, and for each annual | 17116 |
| renewal thereof, shall be one hundred dollars. | 17117 |
| (2) The fee for each salesperson's license, and for each | 17118 |
| annual renewal thereof, shall be fifty dollars. | 17119 |
| (3) The fee for each investment adviser's license, and for | 17120 |
| each annual renewal thereof, shall be fifty dollars. | 17121 |
| (4) The fee for each investment adviser notice filing | 17122 |
| required by division (B) of section 1707.141 of the Revised Code | 17123 |
| shall be fifty dollars. | 17124 |
| (5) The fee for each investment adviser representative's | 17125 |
| license, and for each annual renewal thereof, shall be thirty-five | 17126 |
| dollars. | 17127 |
| (6) The fee for each state retirement system investment | 17128 |
| officer's license, and for each annual renewal thereof, shall be | 17129 |
| fifty dollars. | 17130 |
| (7) The fee for a bureau of workers' compensation chief | 17131 |
| investment officer's license, and for each annual renewal thereof, | 17132 |
| shall be fifty dollars. | 17133 |
| (C) A dealer's, salesperson's, investment adviser's, | 17134 |
| investment adviser representative's, bureau of workers' | 17135 |
| compensation chief investment officer's, or state retirement | 17136 |
| system investment officer's license may be issued at any time for | 17137 |
| the remainder of the calendar year. In that event, the annual fee | 17138 |
| shall not be reduced. | 17139 |
| Sec. 1707.19. (A) An original license, or a renewal thereof, | 17140 |
| applied for by a dealer or salesperson of securities, or by an | 17141 |
| investment adviser, investment adviser representative, bureau of | 17142 |
| workers' compensation chief investment officer, or state | 17143 |
| retirement system investment officer, may be refused, and any such | 17144 |
| license granted may be suspended and, after notice and hearing in | 17145 |
| accordance with Chapter 119. of the Revised Code, may be revoked, | 17146 |
| by the division of securities, if the division determines that the | 17147 |
| applicant or the licensed dealer, salesperson, investment adviser, | 17148 |
| investment adviser representative, bureau of workers' compensation | 17149 |
| chief investment officer, or state retirement system investment | 17150 |
| officer: | 17151 |
| (1) Is not of good business repute; | 17152 |
| (2) Is conducting an illegitimate or fraudulent business; | 17153 |
| (3) Is, in the case of a dealer or investment adviser, | 17154 |
| insolvent; | 17155 |
| (4) Has knowingly violated any provision of sections 1707.01 | 17156 |
| to 1707.45 of the Revised Code, or any regulation or order made | 17157 |
| thereunder; | 17158 |
| (5) Has knowingly made a false statement of a material fact | 17159 |
| or an omission of a material fact in an application for a license, | 17160 |
| in a description or application that has been filed, or in any | 17161 |
| statement made to the division under such sections; | 17162 |
| (6) Has refused to comply with any lawful order or | 17163 |
| requirement of the division under section 1707.23 of the Revised | 17164 |
| Code; | 17165 |
| (7) Has been guilty of any fraudulent act in connection with | 17166 |
| the sale of any securities or in connection with acting as an | 17167 |
| investment adviser, investment adviser representative, bureau of | 17168 |
| workers' compensation chief investment officer, or state | 17169 |
| retirement system investment officer; | 17170 |
| (8) Conducts business in purchasing or selling securities at | 17171 |
| such variations from the existing market as in the light of all | 17172 |
| the circumstances are unconscionable; | 17173 |
| (9) Conducts business in violation of such rules and | 17174 |
| regulations as the division prescribes for the protection of | 17175 |
| investors, clients, or prospective clients; | 17176 |
| (10)(a) Has failed to furnish to the division any information | 17177 |
| with respect to the purchases or sales of securities within this | 17178 |
| state that may be reasonably requested by the division as | 17179 |
| pertinent to the protection of investors in this state. | 17180 |
| (b) Has failed to furnish to the division any information | 17181 |
| with respect to acting as an investment adviser, investment | 17182 |
| adviser representative, bureau of workers' compensation chief | 17183 |
| investment officer, or state retirement system investment officer | 17184 |
| within this state that may be reasonably requested by the | 17185 |
| division. | 17186 |
| (B) For the protection of investors the division may | 17187 |
| prescribe reasonable rules defining fraudulent, evasive, | 17188 |
| deceptive, or grossly unfair practices or devices in the purchase | 17189 |
| or sale of securities. | 17190 |
| (C) For the protection of investors, clients, or prospective | 17191 |
| clients, the division may prescribe reasonable rules regarding the | 17192 |
| acts and practices of an investment adviser or an investment | 17193 |
| adviser representative. | 17194 |
| (D) Pending any investigation or hearing provided for in | 17195 |
| sections 1707.01 to 1707.45 of the Revised Code, the division may | 17196 |
| order the suspension of any dealer's, salesperson's, investment | 17197 |
| adviser's, investment adviser representative's, bureau of workers' | 17198 |
| compensation chief investment officer's, or state retirement | 17199 |
| system investment officer's license by notifying the party | 17200 |
| concerned of such suspension and the cause for it. If it is a | 17201 |
| salesperson whose license is suspended, the division shall also | 17202 |
| notify the dealer employing the salesperson. If it is an | 17203 |
| investment adviser representative whose license is suspended, the | 17204 |
| division also shall notify the investment adviser with whom the | 17205 |
| investment adviser representative is employed or associated. If it | 17206 |
| is a state retirement system investment officer whose license is | 17207 |
| suspended, the division shall also notify the state retirement | 17208 |
| system with whom the state retirement system investment officer is | 17209 |
| employed. If it is a bureau of workers' compensation chief | 17210 |
| investment officer whose license is suspended, the division shall | 17211 |
| also notify the bureau of workers' compensation. | 17212 |
| (E)(1) The suspension or revocation of the dealer's license | 17213 |
| suspends the licenses of all the dealer's salespersons. | 17214 |
| (2) The suspension or revocation of the investment adviser's | 17215 |
| license suspends the licenses of all the investment adviser's | 17216 |
| investment adviser representatives. The suspension or revocation | 17217 |
| of an investment adviser's registration under section 203 of the | 17218 |
| "Investment Advisers Act of 1940," 15 U.S.C. 80b-3, suspends the | 17219 |
| licenses of all the investment adviser's investment adviser | 17220 |
| representatives. | 17221 |
| (F) It is sufficient cause for refusal, revocation, or | 17222 |
| suspension of the license in case of a partnership, partnership | 17223 |
| association, corporation, or unincorporated association if any | 17224 |
| general partner of the partnership, manager of the partnership | 17225 |
| association, or executive officer of the corporation or | 17226 |
| unincorporated association is not of good business repute or has | 17227 |
| been guilty of any act or omission which would be cause for | 17228 |
| refusing or revoking the license of an individual dealer, | 17229 |
| salesperson, investment adviser, or investment adviser | 17230 |
| representative. | 17231 |
| Sec. 1707.20. (A) The division of securities may adopt, | 17232 |
| amend, and rescind such rules, forms, and orders as are necessary | 17233 |
| to carry out sections 1707.01 to 1707.45 of the Revised Code, | 17234 |
| including rules and forms governing registration statements, | 17235 |
| applications, and reports, and defining any terms, whether or not | 17236 |
| used in sections 1707.01 to 1707.45 of the Revised Code, insofar | 17237 |
| as the definitions are not inconsistent with these sections. For | 17238 |
| the purpose of rules and forms, the division may classify | 17239 |
| securities, persons, and matters within its jurisdiction, and | 17240 |
| prescribe different requirements for different classes. | 17241 |
| (B) No rule, form, or order may be made, amended, or | 17242 |
| rescinded unless the division finds that the action is necessary | 17243 |
| or appropriate in the public interest or for the protection of | 17244 |
|
investors, clients, prospective clients, | 17245 |
| systems, or the workers' compensation system and consistent with | 17246 |
| the purposes fairly intended by the policy and provisions of | 17247 |
| sections 1707.01 to 1707.45 of the Revised Code. In prescribing | 17248 |
| rules and forms and in otherwise administering sections 1707.01 to | 17249 |
| 1707.45 of the Revised Code, the division may cooperate with the | 17250 |
| securities administrators of the other states and the securities | 17251 |
| and exchange commission with a view of effectuating the policy of | 17252 |
| this section to achieve maximum uniformity in the form and content | 17253 |
| of registration statements, applications, reports, and overall | 17254 |
| securities regulation wherever practicable. | 17255 |
| (C) The division may by rule or order prescribe: | 17256 |
| (1) The form and content of financial statements required | 17257 |
| under sections 1707.01 to 1707.45 of the Revised Code; | 17258 |
| (2) The circumstances under which consolidated financial | 17259 |
| statements shall be filed; | 17260 |
| (3) Whether any required financial statements shall be | 17261 |
| certified by independent or certified public accountants. All | 17262 |
| financial statements shall be prepared in accordance with | 17263 |
| generally accepted accounting practices. | 17264 |
| (D) All rules and forms of the division shall be published; | 17265 |
| and in addition to fulfilling the requirements of Chapter 119. of | 17266 |
| the Revised Code, the division shall prescribe, and shall publish | 17267 |
| and make available its rules regarding the sale of securities, the | 17268 |
| administration of sections 1707.01 to 1707.45 of the Revised Code, | 17269 |
| and the procedure and practice before the division. | 17270 |
| (E) No provision of sections 1707.01 to 1707.45 of the | 17271 |
| Revised Code imposing any liability applies to any act done or | 17272 |
| omitted in good faith in conformity with any rule, form, or order | 17273 |
| of the division of securities, notwithstanding that the rule, | 17274 |
| form, or order may later be amended or rescinded or be determined | 17275 |
| by judicial or other authority to be invalid for any reason, | 17276 |
| except that the issuance of an order granting effectiveness to a | 17277 |
| registration under section 1707.09 or 1707.091 of the Revised Code | 17278 |
| for the purposes of this division shall not be deemed an order | 17279 |
| other than as the establishment of the fact of registration. | 17280 |
| Sec. 1707.22. Whenever a dealer's, salesperson's, investment | 17281 |
| adviser's, investment adviser representative's, bureau of workers' | 17282 |
| compensation chief investment officer's, or state retirement | 17283 |
| system investment officer's license has been refused, suspended, | 17284 |
| or revoked, or a renewal thereof has been denied, by the division | 17285 |
| of securities, or whenever the division has refused to qualify | 17286 |
| securities or has suspended or revoked the registration of any | 17287 |
| particular security by description or by qualification, or the | 17288 |
| right to buy, sell, or deal in any particular security whether it | 17289 |
| is registered or qualified or exempt, or whether the transactions | 17290 |
| in it are registered or exempt, the aggrieved party may appeal in | 17291 |
| accordance with Chapter 119. of the Revised Code. | 17292 |
| An order sustaining the refusal of the division to grant or | 17293 |
| renew a dealer's, salesperson's, investment adviser's, investment | 17294 |
| adviser representative's, bureau of workers' compensation chief | 17295 |
| investment officer's, or state retirement system investment | 17296 |
| officer's license or to grant qualification of securities, or an | 17297 |
| order sustaining the division in suspending or revoking a | 17298 |
| dealer's, salesperson's, investment adviser's, investment adviser | 17299 |
| representative's, bureau of workers' compensation chief investment | 17300 |
| officer's, or state retirement system investment officer's | 17301 |
| license, the registration of any particular security by | 17302 |
| description or by qualification, or the right to buy, sell, or | 17303 |
| deal in any particular security, shall not bar, after ten days | 17304 |
| from the order, a new registration by description, or a new | 17305 |
| application of the plaintiff for such a license or qualification | 17306 |
| or for a withdrawal of a revocation or suspension; nor shall an | 17307 |
| order in favor of the plaintiff prevent the division, after proper | 17308 |
| notice and hearing, from thereafter revoking or suspending such | 17309 |
| license, registration, or right to buy, sell, or deal in a | 17310 |
| particular security, for any proper cause which may, after the | 17311 |
| order, accrue or be discovered. | 17312 |
| Sec. 1707.23. Whenever it appears to the division of | 17313 |
| securities, from its files, upon complaint, or otherwise, that any | 17314 |
| person has engaged in, is engaged in, or is about to engage in any | 17315 |
| practice declared to be illegal or prohibited by this chapter or | 17316 |
| rules adopted under this chapter by the division, or defined as | 17317 |
| fraudulent in this chapter or rules adopted under this chapter by | 17318 |
| the division, or any other deceptive scheme or practice in | 17319 |
| connection with the sale of securities, or acting as a dealer, a | 17320 |
| salesperson, an investment adviser, investment adviser | 17321 |
| representative, bureau of workers' compensation chief investment | 17322 |
| officer, or state retirement system investment officer or when the | 17323 |
| division believes it to be in the best interests of the public and | 17324 |
| necessary for the protection of investors, the division may do any | 17325 |
| of the following: | 17326 |
| (A) Require any person to file with it, on such forms as it | 17327 |
| prescribes, an original or additional statement or report in | 17328 |
| writing, under oath or otherwise, as to any facts or circumstances | 17329 |
| concerning the issuance, sale, or offer for sale of securities | 17330 |
| within this state by the person, as to the person's acts or | 17331 |
| practices as a dealer, a salesperson, an investment adviser, | 17332 |
| investment adviser representative, bureau of workers' compensation | 17333 |
| chief investment officer, or state retirement system investment | 17334 |
| officer within this state, and as to other information as it deems | 17335 |
| material or relevant thereto; | 17336 |
| (B) Examine any investment adviser, investment adviser | 17337 |
| representative, state retirement system investment officer, bureau | 17338 |
| of workers' compensation chief investment officer, or any seller, | 17339 |
| dealer, salesperson, or issuer of any securities, and any of their | 17340 |
| agents, employees, partners, officers, directors, members, or | 17341 |
| shareholders, wherever located, under oath; and examine and | 17342 |
| produce records, books, documents, accounts, and papers as the | 17343 |
| division deems material or relevant to the inquiry; | 17344 |
| (C) Require the attendance of witnesses, and the production | 17345 |
| of books, records, and papers, as are required either by the | 17346 |
| division or by any party to a hearing before the division, and for | 17347 |
| that purpose issue a subpoena for any witness, or a subpoena duces | 17348 |
| tecum to compel the production of any books, records, or papers. | 17349 |
| The subpoena shall be served by personal service or by certified | 17350 |
| mail, return receipt requested. If the subpoena is returned | 17351 |
| because of inability to deliver, or if no return is received | 17352 |
| within thirty days of the date of mailing, the subpoena may be | 17353 |
| served by ordinary mail. If no return of ordinary mail is received | 17354 |
| within thirty days after the date of mailing, service shall be | 17355 |
| deemed to have been made. If the subpoena is returned because of | 17356 |
| inability to deliver, the division may designate a person or | 17357 |
| persons to effect either personal or residence service upon the | 17358 |
| witness. The person designated to effect personal or residence | 17359 |
| service under this division may be the sheriff of the county in | 17360 |
| which the witness resides or may be found or any other duly | 17361 |
| designated person. The fees and mileage of the person serving the | 17362 |
| subpoena shall be the same as those allowed by the courts of | 17363 |
| common pleas in criminal cases, and shall be paid from the funds | 17364 |
| of the division. Fees and mileage for the witness shall be the | 17365 |
| same as those allowed for witnesses by the courts of common pleas | 17366 |
| in criminal cases, and shall be paid from the funds of the | 17367 |
| division upon request of the witness following the hearing. | 17368 |
| (D) Initiate criminal proceedings under section 1707.042 or | 17369 |
| 1707.44 of the Revised Code or rules adopted under those sections | 17370 |
| by the division by laying before the prosecuting attorney of the | 17371 |
| proper county any evidence of criminality which comes to its | 17372 |
| knowledge; and in the event of the neglect or refusal of the | 17373 |
| prosecuting attorney to prosecute such violations, or at the | 17374 |
| request of the prosecuting attorney, the division shall submit the | 17375 |
| evidence to the attorney general, who may proceed in the | 17376 |
| prosecution with all the rights, privileges, and powers conferred | 17377 |
| by law on prosecuting attorneys, including the power to appear | 17378 |
| before grand juries and to interrogate witnesses before such grand | 17379 |
| juries. | 17380 |
| (E) Require any dealers immediately to furnish to the | 17381 |
| division copies of prospectuses, circulars, or advertisements | 17382 |
| respecting securities that they publish or generally distribute, | 17383 |
| or require any investment advisers immediately to furnish to the | 17384 |
| division copies of brochures, advertisements, publications, | 17385 |
| analyses, reports, or other writings that they publish or | 17386 |
| distribute; | 17387 |
| (F) Require any dealers to mail to the division, prior to | 17388 |
| sale, notices of intention to sell, in respect to all securities | 17389 |
| which are not exempt under section 1707.02 of the Revised Code, or | 17390 |
| which are sold in transactions not exempt under section 1707.03 or | 17391 |
| 1707.04 of the Revised Code; | 17392 |
| (G) Issue and cause to be served by certified mail upon all | 17393 |
| persons affected an order requiring the person or persons to cease | 17394 |
| and desist from the acts or practices appearing to the division to | 17395 |
| constitute violations of this chapter or rules adopted under this | 17396 |
| chapter by the division. The order shall state specifically the | 17397 |
| section or sections of this chapter or the rule or rules adopted | 17398 |
| under this chapter by the division that appear to the division to | 17399 |
| have been violated and the facts constituting the violation. If | 17400 |
| after the issuance of the order it appears to the division that | 17401 |
| any person or persons affected by the order have engaged in any | 17402 |
| act or practice from which the person or persons shall have been | 17403 |
| required, by the order, to cease and desist, the director of | 17404 |
| commerce may apply to the court of common pleas of any county for, | 17405 |
| and upon proof of the validity of the order of the division, the | 17406 |
| delivery of the order to the person or persons affected, and of | 17407 |
| the illegality and the continuation of the acts or practices that | 17408 |
| are the subject of the order, the court may grant an injunction | 17409 |
| implementing the order of the division. | 17410 |
| (H) Issue and initiate contempt proceedings in this state | 17411 |
| regarding subpoenas and subpoenas duces tecum at the request of | 17412 |
| the securities administrator of another state, if it appears to | 17413 |
| the division that the activities for which the information is | 17414 |
| sought would violate this chapter if the activities had occurred | 17415 |
| in this state. | 17416 |
| (I) The remedies provided by this section are cumulative and | 17417 |
| concurrent with any other remedy provided in this chapter, and the | 17418 |
| exercise of one remedy does not preclude or require the exercise | 17419 |
| of any other remedy. | 17420 |
| Sec. 1707.25. In case any person fails to file any statement | 17421 |
| or report required by sections 1707.01 to 1707.45 of the Revised | 17422 |
| Code, to obey any subpoena the issuance of which is provided for | 17423 |
| in those sections, or to produce books, records, or papers, give | 17424 |
| testimony, or answer questions, as required by those sections, the | 17425 |
| director of commerce may apply to a court of common pleas of any | 17426 |
| county for, and upon proof of such failure the court may grant, an | 17427 |
| injunction restraining the acting as an investment adviser, | 17428 |
| investment adviser representative, bureau of workers' compensation | 17429 |
| chief investment officer, or state retirement system investment | 17430 |
| officer, or the issuance, sale, or offer for sale of any | 17431 |
| securities by the person or by its agents, employees, partners, | 17432 |
| officers, directors, or shareholders, until such failure has been | 17433 |
| remedied and other relief as the facts may warrant has been had. | 17434 |
| Such injunctive relief is available in addition to the other | 17435 |
| remedies provided for in sections 1707.01 to 1707.45 of the | 17436 |
| Revised Code. | 17437 |
| Where the person refusing to comply with such order of court | 17438 |
| is an issuer of securities, the court may enjoin the sale by any | 17439 |
| dealer of any securities of the issuer, and the division of | 17440 |
| securities may revoke the qualification of the securities of the | 17441 |
| issuer, or suspend or revoke the sale of any securities of the | 17442 |
| issuer which have been registered by description, and such | 17443 |
| securities shall not thereafter be sold by any dealer until the | 17444 |
| order of the court or of the division is withdrawn. | 17445 |
| Sec. 1707.261. (A) If a court of common pleas grants an | 17446 |
| injunction pursuant to section 1707.26 of the Revised Code, after | 17447 |
| consultation with the attorney general the director of commerce | 17448 |
| may request that court to order the defendant or defendants that | 17449 |
| are subject to the injunction to make restitution or rescission to | 17450 |
| any purchaser or holder of securities damaged by the defendant's | 17451 |
| or defendants' violation of any provision of sections 1707.01 to | 17452 |
| 1707.45 of the Revised Code. | 17453 |
| (B) If the court of common pleas is satisfied with the | 17454 |
| sufficiency of the director's request for restitution or | 17455 |
| rescission under division (A) of this section and with the | 17456 |
| sufficiency of the proof of a substantial violation of any | 17457 |
| provision of sections 1707.01 to 1707.45 of the Revised Code, or | 17458 |
| of the use of any act, practice, or transaction declared to be | 17459 |
| illegal or prohibited or defined as fraudulent by those sections | 17460 |
| or rules adopted under those sections by the division of | 17461 |
| securities, to the material prejudice of a purchaser or holder of | 17462 |
| securities, the court may order the defendant or defendants | 17463 |
| subject to the injunction to make restitution or rescission to any | 17464 |
| purchaser or holder of securities damaged by the defendant's or | 17465 |
| defendants' violation of sections 1707.01 to 1707.45 of the | 17466 |
| Revised Code. | 17467 |
| (C) A court order granting restitution or rescission based | 17468 |
| upon a request made pursuant to division (A) of this section shall | 17469 |
| meet the requirements of division (B) of this section and may not | 17470 |
| be based solely upon a final order issued by the division of | 17471 |
| securities pursuant to Chapter 119. of the Revised Code or upon an | 17472 |
| action to enforce a final order issued by the division pursuant to | 17473 |
| that chapter. Notwithstanding the foregoing provision, a request | 17474 |
| for restitution or rescission pursuant to division (A) of this | 17475 |
| section may concern the same acts, practices, or transactions that | 17476 |
| were, or may later be, the subject of a division of securities | 17477 |
| action for a violation of any provision of sections 1707.01 to | 17478 |
| 1707.45 of the Revised Code. If a request for restitution or | 17479 |
| rescission pursuant to division (A) of this section concerns the | 17480 |
| same acts, practices, or transactions that were the subject of a | 17481 |
| final order issued by the division of securities pursuant to | 17482 |
| Chapter 119. of the Revised Code, the court shall review the | 17483 |
| request in accordance with division (B) of this section, and the | 17484 |
| standard of review in section 119.12 of the Revised Code shall not | 17485 |
| apply to the request. | 17486 |
| (D) No purchaser or holder of securities who is entitled to | 17487 |
| restitution or rescission under this section shall recover, | 17488 |
| pursuant to this section or any other proceeding, a total amount | 17489 |
| in excess of the person's purchase price for the securities sold | 17490 |
| in violation of sections 1707.01 to 1707.45 of the Revised Code. | 17491 |
| (E)(1) If a court of common pleas grants an injunction | 17492 |
| pursuant to section 1707.26 of the Revised Code against any state | 17493 |
| retirement system investment officer, after consultation with the | 17494 |
| attorney general, the director of commerce may request that court | 17495 |
| to order the state retirement system investment officer or | 17496 |
| officers that are subject to the injunction to make restitution to | 17497 |
| the state retirement system damaged by the state retirement system | 17498 |
| investment officer's or officers' violation of any provision of | 17499 |
| sections 1707.01 to 1707.45 of the Revised Code. | 17500 |
| (2) If the court of common pleas is satisfied with the | 17501 |
| sufficiency of the director's request for restitution under | 17502 |
| division (E)(1) of this section and with the sufficiency of the | 17503 |
| proof of a substantial violation of any provision of sections | 17504 |
| 1707.01 to 1707.45 of the Revised Code, or of the use of any act, | 17505 |
| practice, or transaction declared to be illegal or prohibited or | 17506 |
| defined as fraudulent by those sections or rules adopted under | 17507 |
| those sections by the division of securities, to the material | 17508 |
| prejudice of a state retirement system, the court may order the | 17509 |
| state retirement system investment officer or officers subject to | 17510 |
| the injunction to make restitution to the state retirement system | 17511 |
| damaged by the state retirement system investment officer's or | 17512 |
| officers' violation of sections 1707.01 to 1707.45 of the Revised | 17513 |
| Code. A request for restitution pursuant to division (E)(1) of | 17514 |
| this section may concern the same acts, practices, or transactions | 17515 |
| that were, or may later be, the subject of a division of | 17516 |
| securities action for a violation of any provision of section | 17517 |
| 1707.01 to 1707.45 of the Revised Code. | 17518 |
| (F)(1) If a court of common pleas grants an injunction | 17519 |
| pursuant to section 1707.26 of the Revised Code against a bureau | 17520 |
| of workers' compensation chief investment officer, after | 17521 |
| consultation with the attorney general, the director of commerce | 17522 |
| may request that court to order the bureau of workers' | 17523 |
| compensation chief investment officer who is subject to the | 17524 |
| injunction to make restitution to the bureau of workers' | 17525 |
| compensation damaged by the bureau of workers' compensation chief | 17526 |
| investment officer's violation of any provision of sections | 17527 |
| 1707.01 to 1707.45 of the Revised Code. | 17528 |
| (2) If the court of common pleas is satisfied with the | 17529 |
| sufficiency of the director's request for restitution under | 17530 |
| division (F)(1) of this section and with the sufficiency of the | 17531 |
| proof of a substantial violation of any provision of sections | 17532 |
| 1707.01 to 1707.45 of the Revised Code, or of the use of any act, | 17533 |
| practice, or transaction declared to be illegal or prohibited or | 17534 |
| defined as fraudulent by those sections or rules adopted under | 17535 |
| those sections by the division of securities, to the material | 17536 |
| prejudice of the bureau of workers' compensation, the court may | 17537 |
| order the bureau of workers' compensation chief investment officer | 17538 |
| subject to the injunction to make restitution to the bureau of | 17539 |
| workers' compensation damaged by the bureau of workers' | 17540 |
| compensation chief investment officer's violation of sections | 17541 |
| 1707.01 to 1707.45 of the Revised Code. A request for restitution | 17542 |
| pursuant to division (F)(1) of this section may concern the same | 17543 |
| acts, practices, or transactions that were, or may later be, the | 17544 |
| subject of a division of securities action for a violation of any | 17545 |
| provision of section 1707.01 to 1707.45 of the Revised Code. | 17546 |
| Sec. 1707.431. For purposes of this section, the following | 17547 |
| persons shall not be deemed to have effected, participated in, or | 17548 |
| aided the seller in any way in making, a sale or contract of sale | 17549 |
| in violation of sections 1707.01 to 1707.45 of the Revised Code: | 17550 |
| (A) Any attorney, accountant, or engineer whose performance | 17551 |
| is incidental to the practice of the person's profession; | 17552 |
| (B) Any person, other than an investment adviser, investment | 17553 |
| adviser representative, bureau of workers' compensation chief | 17554 |
| investment officer, or state retirement system investment officer, | 17555 |
| who brings any issuer together with any potential investor, | 17556 |
| without receiving, directly or indirectly, a commission, fee, or | 17557 |
| other remuneration based on the sale of any securities by the | 17558 |
| issuer to the investor. Remuneration received by the person solely | 17559 |
| for the purpose of offsetting the reasonable out-of-pocket costs | 17560 |
| incurred by the person shall not be deemed a commission, fee, or | 17561 |
| other remuneration. | 17562 |
| Any person claiming exemption under this division for a | 17563 |
| publicly advertised meeting shall file a notice with the division | 17564 |
| of securities indicating an intent to cause or hold such a meeting | 17565 |
| at least twenty-one days prior to the meeting. The division may, | 17566 |
| upon receipt of such notice, issue an order denying the | 17567 |
| availability of an exemption under this division not more than | 17568 |
| fourteen days after receipt of the notice based on a finding that | 17569 |
| the applicant is not entitled to the exemption. Notwithstanding | 17570 |
| the notice described in this section, a failure to file the notice | 17571 |
| does not create a presumption that a person was participating in | 17572 |
| or aiding in the making of a sale or contract of sale in violation | 17573 |
| of this chapter. | 17574 |
| (C) Any person whom the division exempts from this provision | 17575 |
| by rule. | 17576 |
| Sec. 1707.44. (A)(1) No person shall engage in any act or | 17577 |
| practice that violates division (A), (B), or (C) of section | 17578 |
| 1707.14 of the Revised Code, and no salesperson shall sell | 17579 |
| securities in this state without being licensed pursuant to | 17580 |
| section 1707.16 of the Revised Code. | 17581 |
| (2) No person shall engage in any act or practice that | 17582 |
| violates division (A) of section 1707.141 or section 1707.161 of | 17583 |
| the Revised Code. | 17584 |
| (3) No person shall engage in any act or practice that | 17585 |
| violates section 1707.162 of the Revised Code. | 17586 |
| (4) No person shall engage in any act or practice that | 17587 |
| violates section 1707.164 of the Revised Code. | 17588 |
| (B) No person shall knowingly make or cause to be made any | 17589 |
| false representation concerning a material and relevant fact, in | 17590 |
| any oral statement or in any prospectus, circular, description, | 17591 |
| application, or written statement, for any of the following | 17592 |
| purposes: | 17593 |
| (1) Registering securities or transactions, or exempting | 17594 |
| securities or transactions from registration, under this chapter; | 17595 |
| (2) Securing the qualification of any securities under this | 17596 |
| chapter; | 17597 |
| (3) Procuring the licensing of any dealer, salesperson, | 17598 |
| investment adviser, investment adviser representative, bureau of | 17599 |
| workers' compensation chief investment officer, or state | 17600 |
| retirement system investment officer under this chapter; | 17601 |
| (4) Selling any securities in this state; | 17602 |
| (5) Advising for compensation, as to the value of securities | 17603 |
| or as to the advisability of investing in, purchasing, or selling | 17604 |
| securities; | 17605 |
| (6) Submitting a notice filing to the division under division | 17606 |
| (X) of section 1707.03 or section 1707.092 or 1707.141 of the | 17607 |
| Revised Code. | 17608 |
| (C) No person shall knowingly sell, cause to be sold, offer | 17609 |
| for sale, or cause to be offered for sale, any security which | 17610 |
| comes under any of the following descriptions: | 17611 |
| (1) Is not exempt under section 1707.02 of the Revised Code, | 17612 |
| nor the subject matter of one of the transactions exempted in | 17613 |
| section 1707.03, 1707.04, or 1707.34 of the Revised Code, has not | 17614 |
| been registered by coordination or qualification, and is not the | 17615 |
| subject matter of a transaction that has been registered by | 17616 |
| description; | 17617 |
| (2) The prescribed fees for registering by description, by | 17618 |
| coordination, or by qualification have not been paid in respect to | 17619 |
| such security; | 17620 |
| (3) The person has been notified by the division, or has | 17621 |
| knowledge of the notice, that the right to buy, sell, or deal in | 17622 |
| such security has been suspended or revoked, or that the | 17623 |
| registration by description, by coordination, or by qualification | 17624 |
| under which it may be sold has been suspended or revoked; | 17625 |
| (4) The offer or sale is accompanied by a statement that the | 17626 |
| security offered or sold has been or is to be in any manner | 17627 |
| indorsed by the division. | 17628 |
| (D) No person who is an officer, director, or trustee of, or | 17629 |
| a dealer for, any issuer, and who knows such issuer to be | 17630 |
| insolvent in that the liabilities of the issuer exceed its assets, | 17631 |
| shall sell any securities of or for any such issuer, without | 17632 |
| disclosing the fact of the insolvency to the purchaser. | 17633 |
| (E) No person with intent to aid in the sale of any | 17634 |
| securities on behalf of the issuer, shall knowingly make any | 17635 |
| representation not authorized by such issuer or at material | 17636 |
| variance with statements and documents filed with the division by | 17637 |
| such issuer. | 17638 |
| (F) No person, with intent to deceive, shall sell, cause to | 17639 |
| be sold, offer for sale, or cause to be offered for sale, any | 17640 |
| securities of an insolvent issuer, with knowledge that such issuer | 17641 |
| is insolvent in that the liabilities of the issuer exceed its | 17642 |
| assets, taken at their fair market value. | 17643 |
| (G) No person in purchasing or selling securities shall | 17644 |
| knowingly engage in any act or practice that is, in this chapter, | 17645 |
| declared illegal, defined as fraudulent, or prohibited. | 17646 |
| (H) No licensed dealer shall refuse to buy from, sell to, or | 17647 |
| trade with any person because the person appears on a blacklist | 17648 |
| issued by, or is being boycotted by, any foreign corporate or | 17649 |
| governmental entity, nor sell any securities of or for any issuer | 17650 |
| who is known in relation to the issuance or sale of the securities | 17651 |
| to have engaged in such practices. | 17652 |
| (I) No dealer in securities, knowing that the dealer's | 17653 |
| liabilities exceed the reasonable value of the dealer's assets, | 17654 |
| shall accept money or securities, except in payment of or as | 17655 |
| security for an existing debt, from a customer who is ignorant of | 17656 |
| the dealer's insolvency, and thereby cause the customer to lose | 17657 |
| any part of the customer's securities or the value of those | 17658 |
| securities, by doing either of the following without the | 17659 |
| customer's consent: | 17660 |
| (1) Pledging, selling, or otherwise disposing of such | 17661 |
| securities, when the dealer has no lien on or any special property | 17662 |
| in such securities; | 17663 |
| (2) Pledging such securities for more than the amount due, or | 17664 |
| otherwise disposing of such securities for the dealer's own | 17665 |
| benefit, when the dealer has a lien or indebtedness on such | 17666 |
| securities. | 17667 |
| It is an affirmative defense to a charge under this division | 17668 |
| that, at the time the securities involved were pledged, sold, or | 17669 |
| disposed of, the dealer had in the dealer's possession or control, | 17670 |
| and available for delivery, securities of the same kinds and in | 17671 |
| amounts sufficient to satisfy all customers entitled to the | 17672 |
| securities, upon demand and tender of any amount due on the | 17673 |
| securities. | 17674 |
| (J) No person, with purpose to deceive, shall make, issue, | 17675 |
| publish, or cause to be made, issued, or published any statement | 17676 |
| or advertisement as to the value of securities, or as to alleged | 17677 |
| facts affecting the value of securities, or as to the financial | 17678 |
| condition of any issuer of securities, when the person knows that | 17679 |
| such statement or advertisement is false in any material respect. | 17680 |
| (K) No person, with purpose to deceive, shall make, record, | 17681 |
| or publish or cause to be made, recorded, or published, a report | 17682 |
| of any transaction in securities which is false in any material | 17683 |
| respect. | 17684 |
| (L) No dealer shall engage in any act that violates the | 17685 |
| provisions of section 15(c) or 15(g) of the "Securities Exchange | 17686 |
| Act of 1934," 48 Stat. 881, 15 U.S.C.A. 78o(c) or (g), or any rule | 17687 |
| or regulation promulgated by the securities and exchange | 17688 |
| commission thereunder. If, subsequent to October 11, 1994, | 17689 |
| additional amendments to section 15(c) or 15(g) are adopted, or | 17690 |
| additional rules or regulations are promulgated pursuant to such | 17691 |
| sections, the division of securities shall, by rule, adopt the | 17692 |
| amendments, rules, or regulations, unless the division finds that | 17693 |
| the amendments, rules, or regulations are not necessary for the | 17694 |
| protection of investors or in the public interest. | 17695 |
| (M)(1) No investment adviser or investment adviser | 17696 |
| representative shall do any of the following: | 17697 |
| (a) Employ any device, scheme, or artifice to defraud any | 17698 |
| person; | 17699 |
| (b) Engage in any act, practice, or course of business that | 17700 |
| operates or would operate as a fraud or deceit upon any person; | 17701 |
| (c) In acting as principal for the investment adviser's or | 17702 |
| investment adviser representative's own account, knowingly sell | 17703 |
| any security to or purchase any security from a client, or in | 17704 |
| acting as salesperson for a person other than such client, | 17705 |
| knowingly effect any sale or purchase of any security for the | 17706 |
| account of such client, without disclosing to the client in | 17707 |
| writing before the completion of the transaction the capacity in | 17708 |
| which the investment adviser or investment adviser representative | 17709 |
| is acting and obtaining the consent of the client to the | 17710 |
| transaction. Division (M)(1)(c) of this section does not apply to | 17711 |
| any investment adviser registered with the securities and exchange | 17712 |
| commission under section 203 of the "Investment Advisers Act of | 17713 |
| 1940," 15 U.S.C. 80b-3, or to any transaction with a customer of a | 17714 |
| licensed dealer or salesperson if the licensed dealer or | 17715 |
| salesperson is not acting as an investment adviser or investment | 17716 |
| adviser representative in relation to the transaction. | 17717 |
| (d) Engage in any act, practice, or course of business that | 17718 |
| is fraudulent, deceptive, or manipulative. The division of | 17719 |
| securities may adopt rules reasonably designed to prevent such | 17720 |
| acts, practices, or courses of business that are fraudulent, | 17721 |
| deceptive, or manipulative. | 17722 |
| (2) No investment adviser or investment adviser | 17723 |
| representative licensed or required to be licensed under this | 17724 |
| chapter shall take or have custody of any securities or funds of | 17725 |
| any person, except as provided in rules adopted by the division. | 17726 |
| (3) In the solicitation of clients or prospective clients, no | 17727 |
| person shall make any untrue statement of a material fact or omit | 17728 |
| to state a material fact necessary in order to make the statements | 17729 |
| made not misleading in light of the circumstances under which the | 17730 |
| statements were made. | 17731 |
| (N) No person knowingly shall influence, coerce, manipulate, | 17732 |
| or mislead any person engaged in the preparation, compilation, | 17733 |
| review, or audit of financial statements to be used in the | 17734 |
| purchase or sale of securities for the purpose of rendering the | 17735 |
| financial statements materially misleading. | 17736 |
| (O) No state retirement system investment officer shall do | 17737 |
| any of the following: | 17738 |
| (1) Employ any device, scheme, or artifice to defraud any | 17739 |
| state retirement system; | 17740 |
| (2) Engage in any act, practice, or course of business that | 17741 |
| operates or would operate as a fraud or deceit on any state | 17742 |
| retirement system; | 17743 |
| (3) Engage in any act, practice, or course of business that | 17744 |
| is fraudulent, deceptive, or manipulative. The division of | 17745 |
| securities may adopt rules reasonably designed to prevent such | 17746 |
| acts, practices, or courses of business as are fraudulent, | 17747 |
| deceptive, or manipulative; | 17748 |
| (4) Knowingly fail to comply with any policy adopted | 17749 |
| regarding the officer established pursuant to section 145.094, | 17750 |
| 742.104, 3307.043, 3309.043, or | 17751 |
| Code. | 17752 |
| (P) No bureau of workers' compensation chief investment | 17753 |
| officer shall do any of the following: | 17754 |
| (1) Employ any device, scheme, or artifice to defraud the | 17755 |
| workers' compensation system; | 17756 |
| (2) Engage in any act, practice, or course of business that | 17757 |
| operates or would operate as a fraud or deceit on the workers' | 17758 |
| compensation system; | 17759 |
| (3) Engage in any act, practice, or course of business that | 17760 |
| is fraudulent, deceptive, or manipulative. The division of | 17761 |
| securities may adopt rules reasonably designed to prevent such | 17762 |
| acts, practices, or courses of business as are fraudulent, | 17763 |
| deceptive, or manipulative; | 17764 |
| (4) Knowingly fail to comply with any policy adopted | 17765 |
| regarding the officer established pursuant to section 4123.441 of | 17766 |
| the Revised Code. | 17767 |
| Sec. 1707.46. The principal executive officer of the | 17768 |
| division of securities shall be the commissioner of securities, | 17769 |
| who shall be appointed by the director of commerce. The | 17770 |
| commissioner of securities shall enforce all the laws and | 17771 |
| administrative rules enacted or adopted to regulate the sale of | 17772 |
| bonds, stocks, and other securities and to prevent fraud in such | 17773 |
| sales. The commissioner also shall enforce all the laws and | 17774 |
| administrative rules enacted or adopted to regulate investment | 17775 |
| advisers, investment adviser
representatives, | 17776 |
| system investment officers, and the bureau of workers' | 17777 |
| compensation chief investment officer and to prevent fraud in | 17778 |
| their acts, practices, and transactions. | 17779 |
| The commissioner shall be paid at a rate not less than pay | 17780 |
| range 47 set out in schedule E-2 of section 124.152 of the Revised | 17781 |
| Code, to be paid as other operating expenses of the division. | 17782 |
| Sec. 1711.52. The advisory council on amusement ride safety | 17783 |
| shall: | 17784 |
| (A) Study any subject pertaining to amusement ride safety, | 17785 |
| including administrative, engineering, and technical subjects, and | 17786 |
| make findings and recommendations to the director of agriculture; | 17787 |
| (B) Prior to the | 17788 |
| amendments to those rules under division (B) of section 1711.53 | 17789 |
| and division (B) of section 1711.551 of the Revised Code, study | 17790 |
| the proposed rules to be | 17791 |
| regarding amusement ride safety, advise the director, and make | 17792 |
| findings and recommendations to the director; | 17793 |
| (C) Not later than December 31, 2006, prepare and submit a | 17794 |
| report to the governor, the speaker of the house of | 17795 |
| representatives, the president of the senate, and the director | 17796 |
| concerning the advisory council's recommendations for alternative | 17797 |
| funding sources for the amusement ride safety program established | 17798 |
| under this chapter. | 17799 |
| The director shall make available to the advisory council any | 17800 |
| information, reports, and studies requested by the advisory | 17801 |
| council. | 17802 |
| Sec. 1711.53. (A)(1) No person shall operate an amusement | 17803 |
| ride within the state without a permit issued by the director of | 17804 |
| agriculture under division (A)(2) of this section. The owner of an | 17805 |
| amusement ride, whether the ride is a temporary amusement ride or | 17806 |
| a permanent amusement ride, who desires to operate the amusement | 17807 |
| ride within the state shall, prior to the operation of the | 17808 |
| amusement ride and annually thereafter, submit to the department | 17809 |
| of agriculture an application for a permit, together with the | 17810 |
| appropriate permit and inspection fee, on a form to be furnished | 17811 |
| by the department. Prior to issuing any permit the department | 17812 |
| shall, within thirty days after the date on which it receives the | 17813 |
| application, inspect each amusement ride described in the | 17814 |
| application. The owner of an amusement ride shall have the | 17815 |
| amusement ride ready for inspection not later than two hours after | 17816 |
| the time that is requested by the person for the inspection. | 17817 |
| (2) For each amusement ride found to comply with the rules | 17818 |
| adopted by the director under division (B) of this section and | 17819 |
| division (B) of section 1711.551 of the Revised Code, the director | 17820 |
| shall issue an annual permit, provided that evidence of liability | 17821 |
| insurance coverage for the amusement ride as required by section | 17822 |
| 1711.54 of the Revised Code is on file with the department. | 17823 |
| (3) The director shall issue with each permit a decal | 17824 |
| indicating that the amusement ride has been issued the permit. The | 17825 |
| owner of the amusement ride shall affix the decal on the ride at a | 17826 |
| location where the decal is easily visible to the patrons of the | 17827 |
| ride. A copy of the permit shall be kept on file at the same | 17828 |
| address as the location of the amusement ride identified on the | 17829 |
| permit, and shall be made available for inspection, upon | 17830 |
| reasonable demand, by any person. An owner may operate an | 17831 |
| amusement ride prior to obtaining a permit, provided that the | 17832 |
| operation is for the purpose of testing the amusement ride or | 17833 |
| training amusement ride operators and other employees of the owner | 17834 |
| and the amusement ride is not open to the public. | 17835 |
| (B) The director, in accordance with Chapter 119. of the | 17836 |
| Revised Code, shall adopt rules providing for a schedule of fines, | 17837 |
| with no fine exceeding five thousand dollars, for violations of | 17838 |
| sections 1711.50 to 1711.57 of the Revised Code or any rules | 17839 |
| adopted under this division and for the classification of | 17840 |
| amusement rides and rules for the safe operation and inspection of | 17841 |
| all amusement rides as are necessary for amusement ride safety and | 17842 |
| for the protection of the general public. Rules adopted by the | 17843 |
| director for the safe operation and inspection of amusement rides | 17844 |
| shall be reasonable and based upon generally accepted engineering | 17845 |
| standards and practices. In adopting rules under this section, the | 17846 |
| director may adopt by reference, in whole or in part, the national | 17847 |
| fire code or the national electrical code (NEC) prepared by the | 17848 |
| national fire protection association, the standards of the | 17849 |
| American society for testing and materials (ASTM) or the American | 17850 |
| national standards institute (ANSI), or any other principles, | 17851 |
| tests, or standards of nationally recognized technical or | 17852 |
| scientific authorities. Insofar as is practicable and consistent | 17853 |
| with sections 1711.50 to 1711.57 of the Revised Code, rules | 17854 |
| adopted under this division shall be consistent with the rules of | 17855 |
| other states. The department shall cause sections 1711.50 to | 17856 |
| 1711.57 of the Revised Code and the rules adopted in accordance | 17857 |
| with this division and division (B) of section 1711.551 of the | 17858 |
| Revised Code to be published in pamphlet form and a copy to be | 17859 |
| furnished without charge to each owner of an amusement ride who | 17860 |
| holds a current permit or is an applicant therefor. | 17861 |
| (C) With respect to an application for a permit for an | 17862 |
| amusement ride, an owner may apply to the director for a waiver or | 17863 |
| modification of any rule adopted under division (B) of this | 17864 |
| section if there are practical difficulties or unnecessary | 17865 |
| hardships for the amusement ride to comply with the rules. Any | 17866 |
| application shall set forth the reasons for the request. The | 17867 |
| director, with the approval of the advisory council on amusement | 17868 |
| ride safety, may waive or modify the application of a rule to any | 17869 |
| amusement ride if the public safety is secure. Any authorization | 17870 |
| by the director under this division shall be in writing and shall | 17871 |
| set forth the conditions under which the waiver or modification is | 17872 |
| authorized, and the department shall retain separate records of | 17873 |
| all proceedings under this division. | 17874 |
| (D)(1) The director shall employ and provide for training of | 17875 |
| a chief inspector and additional inspectors and employees as may | 17876 |
| be necessary to administer and enforce sections 1711.50 to 1711.57 | 17877 |
| of the Revised Code. The director may appoint or contract with | 17878 |
| other persons to perform inspections of amusement rides, provided | 17879 |
| that the persons meet the qualifications for inspectors | 17880 |
| established by rules adopted under division (B) of this section | 17881 |
| and are not owners, or employees of owners, of any amusement ride | 17882 |
| subject to inspection under sections 1711.50 to 1711.57 of the | 17883 |
| Revised Code. No person shall inspect an amusement ride who, | 17884 |
| within six months prior to the date of inspection, was an employee | 17885 |
| of the owner of the ride. | 17886 |
| (2) Before the director contracts with other persons to | 17887 |
| inspect amusement rides, the director shall seek the advice of the | 17888 |
| advisory council on amusement ride safety on whether to contract | 17889 |
| with those persons. The advice shall not be binding upon the | 17890 |
| director. After having received the advice of the council, the | 17891 |
| director may proceed to contract with inspectors in accordance | 17892 |
| with the procedures specified in division (E)(2) of section | 17893 |
| 1711.11 of the Revised Code. | 17894 |
| (3) With the advice and consent of the advisory council on | 17895 |
| amusement ride safety, the director may employ a special | 17896 |
| consultant to conduct an independent investigation of an amusement | 17897 |
| ride accident. This consultant need not be in the civil service of | 17898 |
| the state, but shall have qualifications to conduct the | 17899 |
| investigation acceptable to the council. | 17900 |
| (E)(1) Except as otherwise provided in division (E)(1) of | 17901 |
| this section, the department shall charge the following amusement | 17902 |
| ride fees: | 17903 |
| Permit | 17904 | ||||
| Annual inspection and reinspection per ride: | 17905 | ||||
| Kiddie rides | $ 100 | 17906 | |||
| Roller coaster | $ 950 | 17907 | |||
| Aerial lifts or bungee | 17908 | ||||
| jumping facilities | $ 450 | 17909 | |||
| Go karts | $ 5 | 17910 | |||
| Other rides | $ 160 | 17911 | |||
| Midseason operational inspection per ride | $ 25 | 17912 | |||
| Expedited inspection per ride | $ 100 | 17913 | |||
| Failure to cancel scheduled inspection per ride | $ 100 | 17914 | |||
| Failure to have amusement ride ready for | 17915 | ||||
| inspection per ride | $100 | 17916 | |||
| The go kart inspection fee is in addition to the inspection | 17917 |
| fee for the go kart track. | 17918 |
| The fees for an expedited inspection, failure to cancel a | 17919 |
| scheduled inspection, and failure to have an amusement ride ready | 17920 |
| for inspection do not apply to go karts. | 17921 |
| As used in division (E)(1) of this section, "expedited | 17922 |
| inspection" means an inspection of an amusement ride by the | 17923 |
| department not later than ten days after the owner of the | 17924 |
| amusement ride files an application for a permit under this | 17925 |
| section. | 17926 |
| (2) All fees and fines collected by the department under | 17927 |
| sections 1711.50 to 1711.57 of the Revised Code shall be deposited | 17928 |
| in the state treasury to the credit of the amusement ride | 17929 |
| inspection fund, which is hereby created, and shall be used only | 17930 |
| for the purpose of administering and enforcing sections 1711.11 | 17931 |
| and 1711.50 to 1711.57 of the Revised Code. | 17932 |
| (3) The owner of an amusement ride shall be required to pay a | 17933 |
| reinspection fee only if the reinspection was conducted at the | 17934 |
| owner's request under division (F) of this section, if the | 17935 |
| reinspection is required by division (F) of this section because | 17936 |
| of an accident, or if the reinspection is required by division (F) | 17937 |
| of section 1711.55 of the Revised Code. If a reinspection is | 17938 |
| conducted at the request of the chief officer of a fair, festival, | 17939 |
| or event where the ride is operating, the reinspection fee shall | 17940 |
| be charged to the fair, festival, or event. | 17941 |
| (4) The rules adopted under division (B) of this section | 17942 |
| shall define "kiddie rides," "roller coaster," "aerial lifts," "go | 17943 |
| karts," and "other rides" for purposes of determining the fees | 17944 |
| under division (E) of this section. The rules shall define "other | 17945 |
| rides" to include go kart tracks. | 17946 |
| (F) A reinspection of an amusement ride shall take place if | 17947 |
| an accident occurs, if the owner of the ride or the chief officer | 17948 |
| of the fair, festival, or event where the ride is operating | 17949 |
| requests a reinspection, or if the reinspection is required by | 17950 |
| division (F) of section 1711.55 of the Revised Code. | 17951 |
| (G) As a supplement to its annual inspection of a temporary | 17952 |
| amusement ride, the department may inspect the ride during each | 17953 |
| scheduled event, as listed in the schedule of events provided to | 17954 |
| the department by the owner pursuant to division (C) of section | 17955 |
| 1711.55 of the Revised Code, at which the ride is operated in this | 17956 |
| state. These supplemental inspections are in addition to any other | 17957 |
| inspection or reinspection of the ride as may be required under | 17958 |
| sections 1711.50 to 1711.57 of the Revised Code, and the owner of | 17959 |
| the temporary amusement ride is not required to pay an inspection | 17960 |
| or reinspection fee for this supplemental inspection. Nothing in | 17961 |
| this division shall be construed to prohibit the owner of a | 17962 |
| temporary amusement ride having a valid permit to operate in this | 17963 |
| state from operating the ride at a scheduled event before the | 17964 |
| department conducts a supplemental inspection. | 17965 |
| (H) The department may annually conduct a midseason | 17966 |
| operational inspection of every amusement ride upon which it | 17967 |
| conducts an annual inspection pursuant to division (A) of this | 17968 |
| section. The midseason operational inspection is in addition to | 17969 |
| any other inspection or reinspection of the amusement ride as may | 17970 |
| be required pursuant to sections 1711.50 to 1711.57 of the Revised | 17971 |
| Code. The owner of an amusement ride shall submit to the | 17972 |
| department, at the time determined by the department, the | 17973 |
| midseason operational inspection fee specified in division (E) of | 17974 |
| this section. The director, in accordance with Chapter 119. of the | 17975 |
| Revised Code, shall adopt rules specifying the time period during | 17976 |
| which the department will conduct midseason operational | 17977 |
| inspections. | 17978 |
| Sec. 1711.531. (A) No person shall operate an amusement ride | 17979 |
| powered from an electric light company source unless the amusement | 17980 |
| ride operates through a fusible switch, enclosed circuit breaker, | 17981 |
| or panelboard that has been: | 17982 |
| (1) Rated by the underwriters laboratories for service | 17983 |
| entrance applications; | 17984 |
| (2) Installed in compliance with the national electrical | 17985 |
| code; | 17986 |
| (3) Metered through a meter installed by the electric light | 17987 |
| company. | 17988 |
| (B) An amusement ride owner shall not use an electric light | 17989 |
| company source as described in division (A) of this section unless | 17990 |
| the owner has written certification that the fusible switch, | 17991 |
| enclosed circuit breaker, or panelboard satisfies the requirements | 17992 |
| established in divisions (A)(1) to (3) of this section and that is | 17993 |
| issued by a person certified under section 3783.03 or licensed | 17994 |
| under section 4740.06 of the Revised Code. The owner shall make | 17995 |
| the certificate available to the director of agriculture upon | 17996 |
| request. | 17997 |
| (C) This section does not apply to either of the following | 17998 |
| types of amusement rides: | 17999 |
| (1) Rides that do not require electrical current; | 18000 |
| (2) Rides that the director exempts in rules the director | 18001 |
| adopts. | 18002 |
| (D) A person licensed pursuant to section 4740.06 of the | 18003 |
| Revised Code, when conducting an inspection pursuant to this | 18004 |
| section, is not violating section 3783.06 of the Revised Code. | 18005 |
| (E) As used in this section, "electric light company" has the | 18006 |
| same meaning as in section 4905.03 of the Revised Code. | 18007 |
| Sec. 1713.03. The Ohio board of regents shall establish | 18008 |
| standards for certificates of authorization to be issued to | 18009 |
| institutions as defined in section 1713.01 of the Revised Code, to | 18010 |
| private institutions exempt from regulation under Chapter 3332. of | 18011 |
| the Revised Code as prescribed in section 3333.046 of the Revised | 18012 |
| Code, and to schools holding certificates of registration issued | 18013 |
| by the state board of career colleges and schools pursuant to | 18014 |
| division (C) of section 3332.05 of the Revised Code. A certificate | 18015 |
| of authorization may permit an institution or school to award one | 18016 |
| or more types of degrees. | 18017 |
| The standards for a certificate of authorization may include, | 18018 |
| for various types of institutions, schools, or degrees, minimum | 18019 |
| qualifications for faculty, library, laboratories, and other | 18020 |
| facilities as adopted and published by the Ohio board of regents. | 18021 |
| The standards shall be adopted by the board pursuant to Chapter | 18022 |
| 119. of the Revised Code. | 18023 |
| An institution or school shall apply to the board for a | 18024 |
| certificate of authorization on forms containing such information | 18025 |
| as is prescribed by the board. Each institution or school with a | 18026 |
| certificate of authorization shall file an annual report with the | 18027 |
| board in such form and containing such information as the board | 18028 |
| prescribes. | 18029 |
| The board shall adopt a rule under Chapter 119. of the | 18030 |
| Revised Code establishing fees to pay the cost of reviewing an | 18031 |
| application for a certificate of authorization, which the | 18032 |
| institution or school shall pay when it applies for a certificate | 18033 |
| of authorization, and establishing fees, which an institution or | 18034 |
| school shall pay, for any further reviews the board determines | 18035 |
| necessary upon examining an institution's or school's annual | 18036 |
| report. | 18037 |
| Sec. 1751.03. (A) Each application for a certificate of | 18038 |
| authority under this chapter shall be verified by an officer or | 18039 |
| authorized representative of the applicant, shall be in a format | 18040 |
| prescribed by the superintendent of insurance, and shall set forth | 18041 |
| or be accompanied by the following: | 18042 |
| (1) A certified copy of the applicant's articles of | 18043 |
| incorporation and all amendments to the articles of incorporation; | 18044 |
| (2) A copy of any regulations adopted for the government of | 18045 |
| the corporation, any bylaws, and any similar documents, and a copy | 18046 |
| of all amendments to these regulations, bylaws, and documents. The | 18047 |
| corporate secretary shall certify that these regulations, bylaws, | 18048 |
| documents, and amendments have been properly adopted or approved. | 18049 |
| (3) A list of the names, addresses, and official positions of | 18050 |
| the persons responsible for the conduct of the applicant, | 18051 |
| including all members of the board, the principal officers, and | 18052 |
| the person responsible for completing or filing financial | 18053 |
| statements with the department of insurance, accompanied by a | 18054 |
| completed original biographical affidavit and release of | 18055 |
| information for each of these persons on forms acceptable to the | 18056 |
| department; | 18057 |
| (4) A full and complete disclosure of the extent and nature | 18058 |
| of any contractual or other financial arrangement between the | 18059 |
| applicant and any provider or a person listed in division (A)(3) | 18060 |
| of this section, including, but not limited to, a full and | 18061 |
| complete disclosure of the financial interest held by any such | 18062 |
| provider or person in any health care facility, provider, or | 18063 |
| insurer that has entered into a financial relationship with the | 18064 |
| health insuring corporation; | 18065 |
| (5) A description of the applicant, its facilities, and its | 18066 |
| personnel, including, but not limited to, the location, hours of | 18067 |
| operation, and telephone numbers of all contracted facilities; | 18068 |
| (6) The applicant's projected annual enrollee population over | 18069 |
| a three-year period; | 18070 |
| (7) A clear and specific description of the health care plan | 18071 |
| or plans to be used by the applicant, including a description of | 18072 |
| the proposed providers, procedures for accessing care, and the | 18073 |
| form of all proposed and existing contracts relating to the | 18074 |
| administration, delivery, or financing of health care services; | 18075 |
| (8) A copy of each type of evidence of coverage and | 18076 |
| identification card or similar document to be issued to | 18077 |
| subscribers; | 18078 |
| (9) A copy of each type of individual or group policy, | 18079 |
| contract, or agreement to be used; | 18080 |
| (10) The schedule of the proposed contractual periodic | 18081 |
| prepayments or premium rates, or both, accompanied by appropriate | 18082 |
| supporting data; | 18083 |
| (11) A financial plan which provides a three-year projection | 18084 |
| of operating results, including the projected expenses, income, | 18085 |
| and sources of working capital; | 18086 |
| (12) The enrollee complaint procedure to be utilized as | 18087 |
| required under section 1751.19 of the Revised Code; | 18088 |
| (13) A description of the procedures and programs to be | 18089 |
| implemented on an ongoing basis to assure the quality of health | 18090 |
| care services delivered to enrollees, including, if applicable, a | 18091 |
| description of a quality assurance program complying with the | 18092 |
| requirements of sections 1751.73 to 1751.75 of the Revised Code; | 18093 |
| (14) A statement describing the geographic area or areas to | 18094 |
| be served, by county; | 18095 |
| (15) A copy of all solicitation documents; | 18096 |
| (16) A balance sheet and other financial statements showing | 18097 |
| the applicant's assets, liabilities, income, and other sources of | 18098 |
| financial support; | 18099 |
| (17) A description of the nature and extent of any | 18100 |
| reinsurance program to be implemented, and a demonstration that | 18101 |
| errors and omission insurance and, if appropriate, fidelity | 18102 |
| insurance, will be in place upon the applicant's receipt of a | 18103 |
| certificate of authority; | 18104 |
| (18) Copies of all proposed or in force related-party or | 18105 |
| intercompany agreements with an explanation of the financial | 18106 |
| impact of these agreements on the applicant. If the applicant | 18107 |
| intends to enter into a contract for managerial or administrative | 18108 |
| services, with either an affiliated or an unaffiliated person, the | 18109 |
| applicant shall provide a copy of the contract and a detailed | 18110 |
| description of the person to provide these services. The | 18111 |
| description shall include that person's experience in managing or | 18112 |
| administering health care plans, a copy of that person's most | 18113 |
| recent audited financial statement, and a completed biographical | 18114 |
| affidavit on a form acceptable to the superintendent for each of | 18115 |
| that person's principal officers and board members and for any | 18116 |
| additional employee to be directly involved in providing | 18117 |
| managerial or administrative services to the health insuring | 18118 |
| corporation. If the person to provide managerial or administrative | 18119 |
| services is affiliated with the health insuring corporation, the | 18120 |
| contract must provide for payment for services based on actual | 18121 |
| costs. | 18122 |
| (19) A statement from the applicant's board that the admitted | 18123 |
| assets of the applicant have not been and will not be pledged or | 18124 |
| hypothecated; | 18125 |
| (20) A statement from the applicant's board that the | 18126 |
| applicant will submit monthly financial statements during the | 18127 |
| first year of operations; | 18128 |
| (21) The name and address of the applicant's Ohio statutory | 18129 |
| agent for service of process, notice, or demand; | 18130 |
| (22) Copies of all documents the applicant filed with the | 18131 |
| secretary of state; | 18132 |
| (23) The location of those books and records of the applicant | 18133 |
| that must be maintained, which books and records shall be | 18134 |
| maintained in Ohio if the applicant is a domestic corporation, and | 18135 |
| which may be maintained either in the applicant's state of | 18136 |
| domicile or in Ohio if the applicant is a foreign corporation; | 18137 |
| (24) The applicant's federal identification number, corporate | 18138 |
| address, and mailing address; | 18139 |
| (25) An internal and external organizational chart; | 18140 |
| (26) A list of the assets representing the initial net worth | 18141 |
| of the applicant; | 18142 |
| (27) If the applicant has a parent company, the parent | 18143 |
| company's guaranty, on a form acceptable to the superintendent, | 18144 |
| that the applicant will maintain Ohio's minimum net worth. If no | 18145 |
| parent company exists, a statement regarding the availability of | 18146 |
| future funds if needed. | 18147 |
| (28) The names and addresses of the applicant's actuary and | 18148 |
| external auditors; | 18149 |
| (29) If the applicant is a foreign corporation, a copy of the | 18150 |
| most recent financial statements filed with the insurance | 18151 |
| regulatory agency in the applicant's state of domicile; | 18152 |
| (30) If the applicant is a foreign corporation, a statement | 18153 |
| from the insurance regulatory agency of the applicant's state of | 18154 |
| domicile stating that the regulatory agency has no objection to | 18155 |
| the applicant applying for an Ohio license and that the applicant | 18156 |
| is in good standing in the applicant's state of domicile; | 18157 |
| (31) Any other information that the superintendent may | 18158 |
| require; | 18159 |
| (32) Documentation acceptable to the superintendent of the | 18160 |
| bond or securities required by section 1751.271 of the Revised | 18161 |
| Code. | 18162 |
| (B)(1) A health insuring corporation, unless otherwise | 18163 |
| provided for in this chapter or in section 3901.321 of the Revised | 18164 |
| Code, shall file a timely notice with the superintendent | 18165 |
| describing any change to the corporation's articles of | 18166 |
| incorporation or regulations, or any major modification to its | 18167 |
| operations as set out in the information required by division (A) | 18168 |
| of this section that affects any of the following: | 18169 |
| (a) The solvency of the health insuring corporation; | 18170 |
| (b) The health insuring corporation's continued provision of | 18171 |
| services that it has contracted to provide; | 18172 |
| (c) The manner in which the health insuring corporation | 18173 |
| conducts its business. | 18174 |
| (2) If the change or modification is to be the result of an | 18175 |
| action to be taken by the health insuring corporation, the notice | 18176 |
| shall be filed with the superintendent prior to the health | 18177 |
| insuring corporation taking the action. The action shall be deemed | 18178 |
| approved if the superintendent does not disapprove it within sixty | 18179 |
| days of filing. | 18180 |
| (3) The filing of a notice pursuant to division (B)(1) or (2) | 18181 |
| of this section shall also serve as the submission of a notice | 18182 |
| when required for the superintendent's review for purposes of | 18183 |
| section 3901.341 of the Revised Code, if the notice contains all | 18184 |
| of the information that section 3901.341 of the Revised Code | 18185 |
| requires for such submissions and a copy of any written agreement. | 18186 |
| The filing of such a notice, for the purpose of satisfying this | 18187 |
| division and section 3901.341 of the Revised Code, shall be | 18188 |
| subject to the sixty-day review period of division (B)(2) of this | 18189 |
| section. | 18190 |
| (C)(1) No health insuring corporation shall expand its | 18191 |
| approved service area until a copy of the request for expansion, | 18192 |
| accompanied by documentation of the network of providers, forms of | 18193 |
| all proposed or existing provider contracts relating to the | 18194 |
| delivery of health care services, a schedule of proposed | 18195 |
| contractual periodic prepayments and premium rates for group | 18196 |
| contracts accompanied by appropriate supporting data, enrollment | 18197 |
| projections, plan of operation, and any other changes have been | 18198 |
| filed with the superintendent. | 18199 |
| (2) Within ten calendar days after receipt of a complete | 18200 |
| filing under division (C)(1) of this section, the superintendent | 18201 |
| shall refer the appropriate jurisdictional issues to the director | 18202 |
| of health if required pursuant to section 1751.04 of the Revised | 18203 |
| Code. | 18204 |
| (3) Within seventy-five days after the superintendent's | 18205 |
| receipt of a complete filing under division (C)(1) of this | 18206 |
| section, the superintendent shall determine whether the plan for | 18207 |
| expansion is
lawful, fair, and reasonable. | 18208 |
| required pursuant to section 1751.04 of the Revised Code, the | 18209 |
| superintendent may not make a determination until the | 18210 |
| superintendent has received the director's certification of | 18211 |
| compliance, which the director shall furnish within forty-five | 18212 |
| days after the referral under division (C)(2) of this section. The | 18213 |
| director shall not certify that the requirements of section | 18214 |
| 1751.04 of the Revised Code are not met, unless the applicant has | 18215 |
| been given an opportunity for a hearing as provided in division | 18216 |
| (D) of section 1751.04 of the Revised Code. The forty-five-day and | 18217 |
| seventy-five-day review periods provided for in division (C)(3) of | 18218 |
| this section shall cease to run as of the date on which the notice | 18219 |
| of the applicant's right to request a hearing is mailed and shall | 18220 |
| remain suspended until the director issues a final certification. | 18221 |
| (4) If the superintendent has not approved or disapproved all | 18222 |
| or a portion of a service area expansion within the | 18223 |
| seventy-five-day period provided for in division (C)(3) of this | 18224 |
| section, the filing shall be deemed approved. | 18225 |
| (5) Disapproval of all or a portion of the filing shall be | 18226 |
| effected by written notice, which shall state the grounds for the | 18227 |
| order of disapproval and shall be given in accordance with Chapter | 18228 |
| 119. of the Revised Code. | 18229 |
| Sec. 1751.04. (A) | 18230 |
| this section, upon the receipt by the superintendent of insurance | 18231 |
| of a complete application for a certificate of authority to | 18232 |
| establish or operate a health insuring corporation, which | 18233 |
| application sets forth or is accompanied by the information and | 18234 |
| documents required by division (A) of section 1751.03 of the | 18235 |
| Revised Code, the superintendent shall transmit copies of the | 18236 |
| application and accompanying documents to the director of health. | 18237 |
| (B) The director shall review the application and | 18238 |
| accompanying documents and make findings as to whether the | 18239 |
| applicant for a certificate of authority has done all of the | 18240 |
| following with respect to any basic health care services and | 18241 |
| supplemental health care services to be furnished: | 18242 |
| (1) Demonstrated the willingness and potential ability to | 18243 |
| ensure that all basic health care services and supplemental health | 18244 |
| care services described in the evidence of coverage will be | 18245 |
| provided to all its enrollees as promptly as is appropriate and in | 18246 |
| a manner that assures continuity; | 18247 |
| (2) Made effective arrangements to ensure that its enrollees | 18248 |
| have reliable access to qualified providers in those specialties | 18249 |
| that are generally available in the geographic area or areas to be | 18250 |
| served by the applicant and that are necessary to provide all | 18251 |
| basic health care services and supplemental health care services | 18252 |
| described in the evidence of coverage; | 18253 |
| (3) Made appropriate arrangements for the availability of | 18254 |
| short-term health care services in emergencies within the | 18255 |
| geographic area or areas to be served by the applicant, | 18256 |
| twenty-four hours per day, seven days per week, and for the | 18257 |
| provision of adequate coverage whenever an out-of-area emergency | 18258 |
| arises; | 18259 |
| (4) Made appropriate arrangements for an ongoing evaluation | 18260 |
| and assurance of the quality of health care services provided to | 18261 |
| enrollees, including, if applicable, the development of a quality | 18262 |
| assurance program complying with the requirements of sections | 18263 |
| 1751.73 to 1751.75 of the Revised Code, and the adequacy of the | 18264 |
| personnel, facilities, and equipment by or through which the | 18265 |
| services are rendered; | 18266 |
| (5) Developed a procedure to gather and report statistics | 18267 |
| relating to the cost and effectiveness of its operations, the | 18268 |
| pattern of utilization of its services, and the quality, | 18269 |
| availability, and accessibility of its services. | 18270 |
| (C) Within ninety days of the director's receipt of the | 18271 |
| application for issuance of a certificate of authority, the | 18272 |
| director shall certify to the superintendent whether or not the | 18273 |
| applicant meets the requirements of division (B) of this section | 18274 |
| and sections 3702.51 to 3702.62 of the Revised Code. If the | 18275 |
| director certifies that the applicant does not meet these | 18276 |
| requirements, the director shall specify in what respects it is | 18277 |
| deficient. However, the director shall not certify that the | 18278 |
| requirements of this section are not met unless the applicant has | 18279 |
| been given an opportunity for a hearing. | 18280 |
| (D) If the applicant requests a hearing, the director shall | 18281 |
| hold a hearing before certifying that the applicant does not meet | 18282 |
| the requirements of this section. The hearing shall be held in | 18283 |
| accordance with Chapter 119. of the Revised Code. | 18284 |
| (E) The ninety-day review period provided for under division | 18285 |
| (C) of this section shall cease to run as of the date on which the | 18286 |
| notice of the applicant's right to request a hearing is mailed and | 18287 |
| shall remain suspended until the director issues a final | 18288 |
| certification order. | 18289 |
| (F) Nothing in this section requires the director to review | 18290 |
| or make findings with regard to an application and accompanying | 18291 |
| documents to establish or operate a health insuring corporation to | 18292 |
| cover solely recipients of assistance under the medicaid program | 18293 |
| operated pursuant to Chapter 5111. of the Revised Code. | 18294 |
| Sec. 1751.05. (A) The superintendent of insurance shall | 18295 |
| issue or deny a certificate of
authority to | 18296 |
| health insuring corporations within the deadlines specified as | 18297 |
| follows: | 18298 |
| (1) For a health insuring corporation
| 18299 |
| filing an application pursuant to section 1751.03 of the Revised | 18300 |
|
Code | 18301 |
| of the certification from the director of health under division | 18302 |
| (C) of section 1751.04 of the Revised Code; | 18303 |
| (2) For a health insuring corporation that covers solely | 18304 |
| recipients of assistance under the medicaid program operated | 18305 |
| pursuant to Chapter 5111. of the Revised Code, one hundred | 18306 |
| thirty-five days from the superintendent's receipt of a complete | 18307 |
| application and accompanying documents. | 18308 |
| (B) A certificate of authority shall be issued upon payment | 18309 |
| of the application fee prescribed in section 1751.44 of the | 18310 |
| Revised Code if the superintendent is satisfied that the following | 18311 |
| conditions are met: | 18312 |
| (1) The persons responsible for the conduct of the affairs of | 18313 |
| the applicant are competent, trustworthy, and possess good | 18314 |
| reputations. | 18315 |
| (2) The director certifies, in accordance with division (C) | 18316 |
| of section 1751.04 of the Revised Code, that the organization's | 18317 |
| proposed plan of operation meets the requirements of division (B) | 18318 |
| of that section and sections 3702.51 to 3702.62 of the Revised | 18319 |
| Code. If, after the director has certified compliance, the | 18320 |
| application is amended in a manner that affects its approval under | 18321 |
| section 1751.04 of the Revised Code, the superintendent shall | 18322 |
| request the director to review and recertify the amended plan of | 18323 |
| operation. Within forty-five days of receipt of the amended plan | 18324 |
| from the superintendent, the director shall certify to the | 18325 |
| superintendent, pursuant to section 1751.04 of the Revised Code, | 18326 |
| whether or not the amended plan meets the requirements of section | 18327 |
| 1751.04 of the Revised Code. The superintendent's forty-five-day | 18328 |
| review period shall cease to run as of the date on which the | 18329 |
| amended plan is transmitted to the director and shall remain | 18330 |
| suspended until the superintendent receives a new certification | 18331 |
| from the director. | 18332 |
| (3) The applicant constitutes an appropriate mechanism to | 18333 |
| effectively provide or arrange for the provision of the basic | 18334 |
| health care services, supplemental health care services, or | 18335 |
| specialty health care services to be provided to enrollees. | 18336 |
| (4) The applicant is financially responsible, complies with | 18337 |
| section 1751.28 of the Revised Code, and may reasonably be | 18338 |
| expected to meet its obligations to enrollees and prospective | 18339 |
| enrollees. In making this determination, the superintendent may | 18340 |
| consider: | 18341 |
| (a) The financial soundness of the applicant's arrangements | 18342 |
| for health care services, including the applicant's proposed | 18343 |
| contractual periodic prepayments or premiums and the use of | 18344 |
| copayments and deductibles; | 18345 |
| (b) The adequacy of working capital; | 18346 |
| (c) Any agreement with an insurer, a government, or any other | 18347 |
| person for insuring the payment of the cost of health care | 18348 |
| services or providing for automatic applicability of an | 18349 |
| alternative coverage in the event of discontinuance of the health | 18350 |
| insuring corporation's operations; | 18351 |
| (d) Any agreement with providers or health care facilities | 18352 |
| for the provision of health care services; | 18353 |
| (e) Any deposit of securities submitted in accordance with | 18354 |
| section 1751.27 of the Revised Code as a guarantee that the | 18355 |
| obligations will be performed. | 18356 |
| (5) The applicant has submitted documentation of an | 18357 |
| arrangement to provide health care services to its enrollees until | 18358 |
| the expiration of the enrollees' contracts with the applicant if a | 18359 |
| health care plan or the operations of the health insuring | 18360 |
| corporation are discontinued prior to the expiration of the | 18361 |
| enrollees' contracts. An arrangement to provide health care | 18362 |
| services may be made by using any one, or any combination, of the | 18363 |
| following methods: | 18364 |
| (a) The maintenance of insolvency insurance; | 18365 |
| (b) A provision in contracts with providers and health care | 18366 |
| facilities, but no health insuring corporation shall rely solely | 18367 |
| on such a provision for more than thirty days; | 18368 |
| (c) An agreement with other health insuring corporations or | 18369 |
| insurers, providing enrollees with automatic conversion rights | 18370 |
| upon the discontinuation of a health care plan or the health | 18371 |
| insuring corporation's operations; | 18372 |
| (d) Such other methods as approved by the superintendent. | 18373 |
| (6) Nothing in the applicant's proposed method of operation, | 18374 |
| as shown by the information submitted pursuant to section 1751.03 | 18375 |
| of the Revised Code or by independent investigation, will cause | 18376 |
| harm to an enrollee or to the public at large, as determined by | 18377 |
| the superintendent. | 18378 |
| (7) Any deficiencies certified by the director have been | 18379 |
| corrected. | 18380 |
| (8) The applicant has deposited securities as set forth in | 18381 |
| section 1751.27 of the Revised Code. | 18382 |
| | 18383 |
| division (A)(5) of this section through an agreement with other | 18384 |
| health insuring corporations or insurers, the agreement shall | 18385 |
| require those health insuring corporations or insurers to give | 18386 |
| thirty days' notice to the superintendent prior to cancellation or | 18387 |
| discontinuation of the agreement for any reason. | 18388 |
| | 18389 |
| compliance with the requirements of section 1751.36 of the Revised | 18390 |
| Code. | 18391 |
| Sec. 1751.271. (A) Each health insuring corporation that | 18392 |
| provides coverage to medicaid recipients shall post a performance | 18393 |
| bond in the amount of three million dollars as security to fulfill | 18394 |
| the obligations of the health insuring corporation to pay claims | 18395 |
| of contracted providers for covered health care services provided | 18396 |
| to medicaid recipients. The bond shall be payable to the | 18397 |
| department of insurance in the event that the health insuring | 18398 |
| corporation is placed in rehabilitation or liquidation proceedings | 18399 |
| under Chapter 3903. of the Revised Code, and shall become a | 18400 |
| special deposit subject to section 3903.14 or 3903.421 of the | 18401 |
| Revised Code, as applicable. In lieu of the performance bond, a | 18402 |
| medicaid health insuring corporation may deposit securities with | 18403 |
| the superintendent of insurance, acceptable to the superintendent, | 18404 |
| in the amount of three million dollars, to satisfy the bonding | 18405 |
| requirements of this section. Upon rehabilitation or liquidation, | 18406 |
| the securities shall become a special deposit subject to sections | 18407 |
| 3903.14 and 3903.421 of the Revised Code, as applicable. The | 18408 |
| health insuring corporation shall receive the interest on the | 18409 |
| deposited securities as long as the health insuring corporation | 18410 |
| remains solvent. | 18411 |
| (B) The bond shall be issued by a surety company licensed | 18412 |
| with the department of insurance. The bond or deposit, or any | 18413 |
| replacement bond or deposit, shall be in a form acceptable to the | 18414 |
| superintendent, and shall remain in effect during the duration of | 18415 |
| the medicaid health insuring corporation's license and thereafter | 18416 |
| until all claims against the medicaid health insuring corporation | 18417 |
| have been paid in full. | 18418 |
| (C) Documentation of the bond acceptable to the | 18419 |
| superintendent of insurance shall be filed with the superintendent | 18420 |
| prior to the issuance of a certificate of authority. Annually, | 18421 |
| thirty days prior to the renewal of its certificate of authority, | 18422 |
| every medicaid health insuring corporation shall furnish the | 18423 |
| superintendent of insurance with evidence that the required bond | 18424 |
| is still in effect. | 18425 |
| (D) As used in this section: | 18426 |
| (1) "Contracted provider" means a provider that has a | 18427 |
| contract with a medicaid health insuring corporation to provide | 18428 |
| covered health care services to medicaid recipients. | 18429 |
| (2) "Medicaid health insuring corporation" means a health | 18430 |
| insuring corporation that provides health insurance coverage or | 18431 |
| otherwise assumes claims liabilities for medicaid recipients. | 18432 |
| (3) "Medicaid recipient" means a person eligible for | 18433 |
| assistance under the medicaid program operated pursuant to Chapter | 18434 |
| 5111. of the Revised Code. | 18435 |
| Sec. 1751.89. Sections 1751.77 to 1751.85 of the Revised | 18436 |
| Code do
not apply to | 18437 |
| | 18438 |
| the
medicare | 18439 |
| XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 | 18440 |
| U.S.C.A. 301, as amended | 18441 |
| | 18442 |
| 18443 | |
| 18444 |
| Sec. 1901.26. (A) Subject to division (E) of this section, | 18445 |
| costs in a municipal court shall be fixed and taxed as follows: | 18446 |
| (1) The municipal court shall require an advance deposit for | 18447 |
| the filing of any new civil action or proceeding when required by | 18448 |
| division (A)(9) of this section, and in all other cases, by rule, | 18449 |
| shall establish a schedule of fees and costs to be taxed in any | 18450 |
| civil or criminal action or proceeding. | 18451 |
| (2) The municipal court, by rule, may require an advance | 18452 |
| deposit for the filing of any civil action or proceeding and | 18453 |
| publication fees as provided in section 2701.09 of the Revised | 18454 |
| Code. The court may waive the requirement for advance deposit upon | 18455 |
| affidavit or other evidence that a party is unable to make the | 18456 |
| required deposit. | 18457 |
| (3) When a jury trial is demanded in any civil action or | 18458 |
| proceeding, the party making the demand may be required to make an | 18459 |
| advance deposit as fixed by rule of court, unless, upon affidavit | 18460 |
| or other evidence, the court concludes that the party is unable to | 18461 |
| make the required deposit. If a jury is called, the fees of a jury | 18462 |
| shall be taxed as costs. | 18463 |
| (4) In any civil or criminal action or proceeding, witnesses' | 18464 |
| fees shall be fixed in accordance with sections 2335.06 and | 18465 |
| 2335.08 of the Revised Code. | 18466 |
| (5) A reasonable charge for driving, towing, carting, | 18467 |
| storing, keeping, and preserving motor vehicles and other personal | 18468 |
| property recovered or seized in any proceeding may be taxed as | 18469 |
| part of the costs in a trial of the cause, in an amount that shall | 18470 |
| be fixed by rule of court. | 18471 |
| (6) Chattel property seized under any writ or process issued | 18472 |
| by the court shall be preserved pending final disposition for the | 18473 |
| benefit of all persons interested and may be placed in storage | 18474 |
| when necessary or proper for that preservation. The custodian of | 18475 |
| any chattel property so stored shall not be required to part with | 18476 |
| the possession of the property until a reasonable charge, to be | 18477 |
| fixed by the court, is paid. | 18478 |
| (7) The municipal court, as it determines, may refund all | 18479 |
| deposits and advance payments of fees and costs, including those | 18480 |
| for jurors and summoning jurors, when they have been paid by the | 18481 |
| losing party. | 18482 |
| (8) Charges for the publication of legal notices required by | 18483 |
| statute or order of court may be taxed as part of the costs, as | 18484 |
| provided by section 7.13 of the Revised Code. | 18485 |
| (B)(1) The municipal court may determine that, for the | 18486 |
| efficient operation of the court, additional funds are necessary | 18487 |
| to acquire and pay for special projects of the court including, | 18488 |
| but not limited to, the acquisition of additional facilities or | 18489 |
| the rehabilitation of existing facilities, the acquisition of | 18490 |
| equipment, the hiring and training of staff, community service | 18491 |
| programs, mediation or dispute resolution services, the employment | 18492 |
| of magistrates, the training and education of judges, acting | 18493 |
| judges, and magistrates, and other related services. Upon that | 18494 |
| determination, the court by rule may charge a fee, in addition to | 18495 |
| all other court costs, on the filing of each criminal cause, civil | 18496 |
| action or proceeding, or judgment by confession. | 18497 |
| If the municipal court offers a special program or service in | 18498 |
| cases of a specific type, the municipal court by rule may assess | 18499 |
| an additional charge in a case of that type, over and above court | 18500 |
| costs, to cover the special program or service. The municipal | 18501 |
| court shall adjust the special assessment periodically, but not | 18502 |
| retroactively, so that the amount assessed in those cases does not | 18503 |
| exceed the actual cost of providing the service or program. | 18504 |
| All moneys collected under division (B) of this section shall | 18505 |
| be paid to the county treasurer if the court is a county-operated | 18506 |
| municipal court or to the city treasurer if the court is not a | 18507 |
| county-operated municipal court for deposit into either a general | 18508 |
| special projects fund or a fund established for a specific special | 18509 |
| project. Moneys from a fund of that nature shall be disbursed upon | 18510 |
| an order of the court in an amount no greater than the actual cost | 18511 |
| to the court of a project. If a specific fund is terminated | 18512 |
| because of the discontinuance of a program or service established | 18513 |
| under division (B) of this section, the municipal court may order | 18514 |
| that moneys remaining in the fund be transferred to an account | 18515 |
| established under this division for a similar purpose. | 18516 |
| (2) As used in division (B) of this section: | 18517 |
| (a) "Criminal cause" means a charge alleging the violation of | 18518 |
| a statute or ordinance, or subsection of a statute or ordinance, | 18519 |
| that requires a separate finding of fact or a separate plea before | 18520 |
| disposition and of which the defendant may be found guilty, | 18521 |
| whether filed as part of a multiple charge on a single summons, | 18522 |
| citation, or complaint or as a separate charge on a single | 18523 |
| summons, citation, or complaint. "Criminal cause" does not include | 18524 |
| separate violations of the same statute or ordinance, or | 18525 |
| subsection of the same statute or ordinance, unless each charge is | 18526 |
| filed on a separate summons, citation, or complaint. | 18527 |
| (b) "Civil action or proceeding" means any civil litigation | 18528 |
| that must be determined by judgment entry. | 18529 |
| (C) The municipal court shall collect in all its divisions | 18530 |
|
except the small claims
division the
sum of | 18531 |
| dollars as additional filing fees in each new civil action or | 18532 |
| proceeding for the charitable public purpose of providing | 18533 |
| financial assistance to legal aid societies that operate within | 18534 |
| the state. The municipal court shall collect in its small claims | 18535 |
| division
the sum of | 18536 |
| in each new civil action or proceeding for the charitable public | 18537 |
| purpose of providing financial assistance to legal aid societies | 18538 |
| that operate within the state. This division does not apply to any | 18539 |
| execution on a judgment, proceeding in aid of execution, or other | 18540 |
| post-judgment proceeding arising out of a civil action. The filing | 18541 |
| fees required to be collected under this division shall be in | 18542 |
| addition to any other court costs imposed in the action or | 18543 |
| proceeding and shall be collected at the time of the filing of the | 18544 |
| action or proceeding. The court shall not waive the payment of the | 18545 |
| additional filing fees in a new civil action or proceeding unless | 18546 |
| the court waives the advanced payment of all filing fees in the | 18547 |
| action or proceeding. All such moneys collected during a month | 18548 |
| shall be transmitted on or before
the
| 18549 |
| of | 18550 |
| treasurer of state in a manner prescribed by the treasurer of | 18551 |
| state or by the Ohio legal assistance foundation. The
| 18552 |
| 18553 | |
| per cent of the funds collected under this division to the credit | 18554 |
| of the civil case filing fee fund established under section 120.07 | 18555 |
| of the Revised Code and ninety-six per cent of the funds collected | 18556 |
| under this division to the credit of the legal aid fund | 18557 |
| established under section 120.52 of the Revised Code. | 18558 |
| The court may retain up to one per cent of the moneys it | 18559 |
| collects under this division to cover administrative costs, | 18560 |
| including the hiring of any additional personnel necessary to | 18561 |
| implement this division. | 18562 |
| (D) In the Cleveland municipal court, reasonable charges for | 18563 |
| investigating titles of real estate to be sold or disposed of | 18564 |
| under any writ or process of the court may be taxed as part of the | 18565 |
| costs. | 18566 |
| (E) Under the circumstances described in sections 2969.21 to | 18567 |
| 2969.27 of the Revised Code, the clerk of the municipal court | 18568 |
| shall charge the fees and perform the other duties specified in | 18569 |
| those sections. | 18570 |
| Sec. 1901.31. The clerk and deputy clerks of a municipal | 18571 |
| court shall be selected, be compensated, give bond, and have | 18572 |
| powers and duties as follows: | 18573 |
| (A) There shall be a clerk of the court who is appointed or | 18574 |
| elected as follows: | 18575 |
| (1)(a) Except in the Akron, Barberton, Cuyahoga Falls, | 18576 |
| 18577 | |
| municipal courts, if the population of the territory equals or | 18578 |
| exceeds one hundred thousand at the regular municipal election | 18579 |
| immediately preceding the expiration of the term of the present | 18580 |
| clerk, the clerk shall be nominated and elected by the qualified | 18581 |
| electors of the territory in the manner that is provided for the | 18582 |
| nomination and election of judges in section 1901.07 of the | 18583 |
| Revised Code. | 18584 |
| The clerk so elected shall hold office for a term of six | 18585 |
| years, which term shall commence on the first day of January | 18586 |
| following the clerk's election and continue until the clerk's | 18587 |
| successor is elected and qualified. | 18588 |
| (b) In the Hamilton county municipal court, the clerk of | 18589 |
| courts of Hamilton county shall be the clerk of the municipal | 18590 |
| court and may appoint an assistant clerk who shall receive the | 18591 |
| compensation, payable out of the treasury of Hamilton county in | 18592 |
| semimonthly installments, that the board of county commissioners | 18593 |
| prescribes. The clerk of courts of Hamilton county, acting as the | 18594 |
| clerk of the Hamilton county municipal court and assuming the | 18595 |
| duties of that office, shall receive compensation at one-fourth | 18596 |
| the rate that is prescribed for the clerks of courts of common | 18597 |
| pleas as determined in accordance with the population of the | 18598 |
| county and the rates set forth in sections 325.08 and 325.18 of | 18599 |
| the Revised Code. This compensation shall be paid from the county | 18600 |
| treasury in semimonthly installments and is in addition to the | 18601 |
| annual compensation that is received for the performance of the | 18602 |
| duties of the clerk of courts of Hamilton county, as provided in | 18603 |
| sections 325.08 and 325.18 of the Revised Code. | 18604 |
| (c) In the Portage county and Wayne county municipal courts, | 18605 |
| the clerks of courts of Portage county and Wayne county shall be | 18606 |
| the clerks, respectively, of the Portage county and Wayne county | 18607 |
| municipal courts and may appoint a chief deputy clerk for each | 18608 |
| branch that is established pursuant to section 1901.311 of the | 18609 |
| Revised Code and assistant clerks as the judges of the municipal | 18610 |
| court determine are necessary, all of whom shall receive the | 18611 |
| compensation that the legislative authority prescribes. The clerks | 18612 |
| of courts of Portage county and Wayne county, acting as the clerks | 18613 |
| of the Portage county and Wayne county municipal courts and | 18614 |
| assuming the duties of these offices, shall receive compensation | 18615 |
| payable from the county treasury in semimonthly installments at | 18616 |
| one-fourth the rate that is prescribed for the clerks of courts of | 18617 |
| common pleas as determined in accordance with the population of | 18618 |
| the county and the rates set forth in sections 325.08 and 325.18 | 18619 |
| of the Revised Code. | 18620 |
| (d) Except as otherwise provided in division (A)(1)(d) of | 18621 |
| this section, in the Akron municipal court, candidates for | 18622 |
| election to the office of clerk of the court shall be nominated by | 18623 |
| primary election. The primary election shall be held on the day | 18624 |
| specified in the charter of the city of Akron for the nomination | 18625 |
| of municipal officers. Notwithstanding section 3513.257 of the | 18626 |
| Revised Code, the nominating petitions of independent candidates | 18627 |
| shall be signed by at least two hundred fifty qualified electors | 18628 |
| of the territory of the court. | 18629 |
| The candidates shall file a declaration of candidacy and | 18630 |
| petition, or a nominating petition, whichever is applicable, not | 18631 |
| later than four p.m. of the seventy-fifth day before the day of | 18632 |
| the primary election, in the form prescribed by section 3513.07 or | 18633 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 18634 |
| petition, or the nominating petition, shall conform to the | 18635 |
| applicable requirements of section 3513.05 or 3513.257 of the | 18636 |
| Revised Code. | 18637 |
| If no valid declaration of candidacy and petition is filed by | 18638 |
| any person for nomination as a candidate of a particular political | 18639 |
| party for election to the office of clerk of the Akron municipal | 18640 |
| court, a primary election shall not be held for the purpose of | 18641 |
| nominating a candidate of that party for election to that office. | 18642 |
| If only one person files a valid declaration of candidacy and | 18643 |
| petition for nomination as a candidate of a particular political | 18644 |
| party for election to that office, a primary election shall not be | 18645 |
| held for the purpose of nominating a candidate of that party for | 18646 |
| election to that office, and the candidate shall be issued a | 18647 |
| certificate of nomination in the manner set forth in section | 18648 |
| 3513.02 of the Revised Code. | 18649 |
| Declarations of candidacy and petitions, nominating | 18650 |
| petitions, and certificates of nomination for the office of clerk | 18651 |
| of the Akron municipal court shall contain a designation of the | 18652 |
| term for which the candidate seeks election. At the following | 18653 |
| regular municipal election, all candidates for the office shall be | 18654 |
| submitted to the qualified electors of the territory of the court | 18655 |
| in the manner that is provided in section 1901.07 of the Revised | 18656 |
| Code for the election of the judges of the court. The clerk so | 18657 |
| elected shall hold office for a term of six years, which term | 18658 |
| shall commence on the first day of January following the clerk's | 18659 |
| election and continue until the clerk's successor is elected and | 18660 |
| qualified. | 18661 |
| (e) | 18662 |
| 18663 | |
| 18664 | |
| 18665 | |
| 18666 | |
| 18667 | |
| 18668 | |
| 18669 | |
| 18670 |
| | 18671 |
| this section, in the Barberton municipal court, candidates for | 18672 |
| election to the office of clerk of the court shall be nominated by | 18673 |
| primary election. The primary election shall be held on the day | 18674 |
| specified in the charter of the city of Barberton for the | 18675 |
| nomination of municipal officers. Notwithstanding section 3513.257 | 18676 |
| of the Revised Code, the nominating petitions of independent | 18677 |
| candidates shall be signed by at least two hundred fifty qualified | 18678 |
| electors of the territory of the court. | 18679 |
| The candidates shall file a declaration of candidacy and | 18680 |
| petition, or a nominating petition, whichever is applicable, not | 18681 |
| later than four p.m. of the seventy-fifth day before the day of | 18682 |
| the primary election, in the form prescribed by section 3513.07 or | 18683 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 18684 |
| petition, or the nominating petition, shall conform to the | 18685 |
| applicable requirements of section 3513.05 or 3513.257 of the | 18686 |
| Revised Code. | 18687 |
| If no valid declaration of candidacy and petition is filed by | 18688 |
| any person for nomination as a candidate of a particular political | 18689 |
| party for election to the office of clerk of the Barberton | 18690 |
| municipal court, a primary election shall not be held for the | 18691 |
| purpose of nominating a candidate of that party for election to | 18692 |
| that office. If only one person files a valid declaration of | 18693 |
| candidacy and petition for nomination as a candidate of a | 18694 |
| particular political party for election to that office, a primary | 18695 |
| election shall not be held for the purpose of nominating a | 18696 |
| candidate of that party for election to that office, and the | 18697 |
| candidate shall be issued a certificate of nomination in the | 18698 |
| manner set forth in section 3513.02 of the Revised Code. | 18699 |
| Declarations of candidacy and petitions, nominating | 18700 |
| petitions, and certificates of nomination for the office of clerk | 18701 |
| of the Barberton municipal court shall contain a designation of | 18702 |
| the term for which the candidate seeks election. At the following | 18703 |
| regular municipal election, all candidates for the office shall be | 18704 |
| submitted to the qualified electors of the territory of the court | 18705 |
| in the manner that is provided in section 1901.07 of the Revised | 18706 |
| Code for the election of the judges of the court. The clerk so | 18707 |
| elected shall hold office for a term of six years, which term | 18708 |
| shall commence on the first day of January following the clerk's | 18709 |
| election and continue until the clerk's successor is elected and | 18710 |
| qualified. | 18711 |
| | 18712 |
| of this section, in the Cuyahoga Falls municipal court, candidates | 18713 |
| for election to the office of clerk of the court shall be | 18714 |
| nominated by primary election. The primary election shall be held | 18715 |
| on the day specified in the charter of the city of Cuyahoga Falls | 18716 |
| for the nomination of municipal officers. Notwithstanding section | 18717 |
| 3513.257 of the Revised Code, the nominating petitions of | 18718 |
| independent candidates shall be signed by at least two hundred | 18719 |
| fifty qualified electors of the territory of the court. | 18720 |
| The candidates shall file a declaration of candidacy and | 18721 |
| petition, or a nominating petition, whichever is applicable, not | 18722 |
| later than four p.m. of the seventy-fifth day before the day of | 18723 |
| the primary election, in the form prescribed by section 3513.07 or | 18724 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 18725 |
| petition, or the nominating petition, shall conform to the | 18726 |
| applicable requirements of section 3513.05 or 3513.257 of the | 18727 |
| Revised Code. | 18728 |
| If no valid declaration of candidacy and petition is filed by | 18729 |
| any person for nomination as a candidate of a particular political | 18730 |
| party for election to the office of clerk of the Cuyahoga Falls | 18731 |
| municipal court, a primary election shall not be held for the | 18732 |
| purpose of nominating a candidate of that party for election to | 18733 |
| that office. If only one person files a valid declaration of | 18734 |
| candidacy and petition for nomination as a candidate of a | 18735 |
| particular political party for election to that office, a primary | 18736 |
| election shall not be held for the purpose of nominating a | 18737 |
| candidate of that party for election to that office, and the | 18738 |
| candidate shall be issued a certificate of nomination in the | 18739 |
| manner set forth in section 3513.02 of the Revised Code. | 18740 |
| Declarations of candidacy and petitions, nominating | 18741 |
| petitions, and certificates of nomination for the office of clerk | 18742 |
| of the Cuyahoga Falls municipal court shall contain a designation | 18743 |
| of the term for which the candidate seeks election. At the | 18744 |
| following regular municipal election, all candidates for the | 18745 |
| office shall be submitted to the qualified electors of the | 18746 |
| territory of the court in the manner that is provided in section | 18747 |
| 1901.07 of the Revised Code for the election of the judges of the | 18748 |
| court. The clerk so elected shall hold office for a term of six | 18749 |
| years, which term shall commence on the first day of January | 18750 |
| following the clerk's election and continue until the clerk's | 18751 |
| successor is elected and qualified. | 18752 |
| | 18753 |
| of this section, in the Toledo municipal court, candidates for | 18754 |
| election to the office of clerk of the court shall be nominated by | 18755 |
| primary election. The primary election shall be held on the day | 18756 |
| specified in the charter of the city of Toledo for the nomination | 18757 |
| of municipal officers. Notwithstanding section 3513.257 of the | 18758 |
| Revised Code, the nominating petitions of independent candidates | 18759 |
| shall be signed by at least two hundred fifty qualified electors | 18760 |
| of the territory of the court. | 18761 |
| The candidates shall file a declaration of candidacy and | 18762 |
| petition, or a nominating petition, whichever is applicable, not | 18763 |
| later than four p.m. of the seventy-fifth day before the day of | 18764 |
| the primary election, in the form prescribed by section 3513.07 or | 18765 |
| 3513.261 of the Revised Code. The declaration of candidacy and | 18766 |
| petition, or the nominating petition, shall conform to the | 18767 |
| applicable requirements of section 3513.05 or 3513.257 of the | 18768 |
| Revised Code. | 18769 |
| If no valid declaration of candidacy and petition is filed by | 18770 |
| any person for nomination as a candidate of a particular political | 18771 |
| party for election to the office of clerk of the Toledo municipal | 18772 |
| court, a primary election shall not be held for the purpose of | 18773 |
| nominating a candidate of that party for election to that office. | 18774 |
| If only one person files a valid declaration of candidacy and | 18775 |
| petition for nomination as a candidate of a particular political | 18776 |
| party for election to that office, a primary election shall not be | 18777 |
| held for the purpose of nominating a candidate of that party for | 18778 |
| election to that office, and the candidate shall be issued a | 18779 |
| certificate of nomination in the manner set forth in section | 18780 |
| 3513.02 of the Revised Code. | 18781 |
| Declarations of candidacy and petitions, nominating | 18782 |
| petitions, and certificates of nomination for the office of clerk | 18783 |
| of the Toledo municipal court shall contain a designation of the | 18784 |
| term for which the candidate seeks election. At the following | 18785 |
| regular municipal election, all candidates for the office shall be | 18786 |
| submitted to the qualified electors of the territory of the court | 18787 |
| in the manner that is provided in section 1901.07 of the Revised | 18788 |
| Code for the election of the judges of the court. The clerk so | 18789 |
| elected shall hold office for a term of six years, which term | 18790 |
| shall commence on the first day of January following the clerk's | 18791 |
| election and continue until the clerk's successor is elected and | 18792 |
| qualified. | 18793 |
| (2)(a) Except for the Alliance, Auglaize county, Brown | 18794 |
| county, Columbiana county, Lorain, Massillon, and Youngstown | 18795 |
| municipal courts, in a municipal court for which the population of | 18796 |
|
the territory is less
than one hundred thousand | 18797 |
| 18798 | |
| the clerk shall hold office until the clerk's successor is | 18799 |
| appointed and qualified. | 18800 |
| (b) In the Alliance, Lorain, Massillon, and Youngstown | 18801 |
| municipal courts, the clerk shall be elected for a term of office | 18802 |
| as described in division (A)(1)(a) of this section. | 18803 |
| (c) In the Auglaize county and Brown county municipal courts, | 18804 |
| the clerks of courts of Auglaize county and Brown county shall be | 18805 |
| the clerks, respectively, of the Auglaize county and Brown county | 18806 |
| municipal courts and may appoint a chief deputy clerk for each | 18807 |
| branch that is established pursuant to section 1901.311 of the | 18808 |
| Revised Code, and assistant clerks as the judge of the court | 18809 |
| determines are necessary, all of whom shall receive the | 18810 |
| compensation that the legislative authority prescribes. The clerks | 18811 |
| of courts of Auglaize county and Brown county, acting as the | 18812 |
| clerks of the Auglaize county and Brown county municipal courts | 18813 |
| and assuming the duties of these offices, shall receive | 18814 |
| compensation payable from the county treasury in semimonthly | 18815 |
| installments at one-fourth the rate that is prescribed for the | 18816 |
| clerks of courts of common pleas as determined in accordance with | 18817 |
| the population of the county and the rates set forth in sections | 18818 |
| 325.08 and 325.18 of the Revised Code. | 18819 |
| (d) In the Columbiana county municipal court, the clerk of | 18820 |
| courts of Columbiana county shall be the clerk of the municipal | 18821 |
| court, may appoint a chief deputy clerk for each branch office | 18822 |
| that is established pursuant to section 1901.311 of the Revised | 18823 |
| Code, and may appoint any assistant clerks that the judges of the | 18824 |
| court determine are necessary. All of the chief deputy clerks and | 18825 |
| assistant clerks shall receive the compensation that the | 18826 |
| legislative authority prescribes. The clerk of courts of | 18827 |
| Columbiana county, acting as the clerk of the Columbiana county | 18828 |
| municipal court and assuming the duties of that office, shall | 18829 |
| receive compensation payable from the county treasury in | 18830 |
| semimonthly installments at one-fourth the rate that is prescribed | 18831 |
| for the clerks of courts of common pleas as determined in | 18832 |
| accordance with the population of the county and the rates set | 18833 |
| forth in sections 325.08 and 325.18 of the Revised Code. | 18834 |
| (3) During the temporary absence of the clerk due to illness, | 18835 |
| vacation, or other proper cause, the court may appoint a temporary | 18836 |
| clerk, who shall be paid the same compensation, have the same | 18837 |
| authority, and perform the same duties as the clerk. | 18838 |
| (B) Except in the Hamilton county,
| 18839 |
| and Wayne county municipal courts, if a vacancy occurs in the | 18840 |
| office of the clerk of the Alliance, Lorain, Massillon, or | 18841 |
| Youngstown municipal court or occurs in the office of the clerk of | 18842 |
| a municipal court for which the population of the territory equals | 18843 |
| or exceeds one hundred thousand because the clerk ceases to hold | 18844 |
| the office before the end of the clerk's term or because a | 18845 |
| clerk-elect fails to take office, the vacancy shall be filled, | 18846 |
| until a successor is elected and qualified, by a person chosen by | 18847 |
| the residents of the territory of the court who are members of the | 18848 |
| county central committee of the political party by which the last | 18849 |
| occupant of that office or the clerk-elect was nominated. Not less | 18850 |
| than five nor more than fifteen days after a vacancy occurs, those | 18851 |
| members of that county central committee shall meet to make an | 18852 |
| appointment to fill the vacancy. At least four days before the | 18853 |
| date of the meeting, the chairperson or a secretary of the county | 18854 |
| central committee shall notify each such member of that county | 18855 |
| central committee by first class mail of the date, time, and place | 18856 |
| of the meeting and its purpose. A majority of all such members of | 18857 |
| that county central committee constitutes a quorum, and a majority | 18858 |
| of the quorum is required to make the appointment. If the office | 18859 |
| so vacated was occupied or was to be occupied by a person not | 18860 |
| nominated at a primary election, or if the appointment was not | 18861 |
| made by the committee members in accordance with this division, | 18862 |
| the court shall make an appointment to fill the vacancy. A | 18863 |
| successor shall be elected to fill the office for the unexpired | 18864 |
| term at the first municipal election that is held more than one | 18865 |
| hundred twenty days after the vacancy occurred. | 18866 |
| (C)(1) In a municipal court, other than the Auglaize county, | 18867 |
| the Brown county, the Columbiana county, and the Lorain municipal | 18868 |
| courts, for which the population of the territory is less than one | 18869 |
|
hundred thousand
| 18870 |
| the municipal court shall receive the annual compensation that the | 18871 |
| presiding judge of the court prescribes, if the revenue of the | 18872 |
| court for the preceding calendar year, as certified by the auditor | 18873 |
| or chief fiscal officer of the municipal corporation in which the | 18874 |
| court is located or, in the case of a county-operated municipal | 18875 |
| court, the county auditor, is equal to or greater than the | 18876 |
| expenditures, including any debt charges, for the operation of the | 18877 |
| court payable under this chapter from the city treasury or, in the | 18878 |
| case of a county-operated municipal court, the county treasury for | 18879 |
| that calendar year, as also certified by the auditor or chief | 18880 |
| fiscal officer. If the revenue of a municipal court, other than | 18881 |
| the Auglaize county, the Brown county, the Columbiana county, and | 18882 |
| the Lorain municipal courts, for which the population of the | 18883 |
|
territory
is less than one
hundred thousand | 18884 |
| 18885 | |
| certified is not equal to or greater than those expenditures for | 18886 |
| the operation of the court for that calendar year as so certified, | 18887 |
| the clerk of a municipal court shall receive the annual | 18888 |
| compensation that the legislative authority prescribes. As used in | 18889 |
| this division, "revenue" means the total of all costs and fees | 18890 |
| that are collected and paid to the city treasury or, in a | 18891 |
| county-operated municipal court, the county treasury by the clerk | 18892 |
| of the municipal court under division (F) of this section and all | 18893 |
| interest received and paid to the city treasury or, in a | 18894 |
| county-operated municipal court, the county treasury in relation | 18895 |
| to the costs and fees under division (G) of this section. | 18896 |
| (2) In a municipal court, other than the Hamilton county, | 18897 |
| 18898 | |
| which the population of the territory is one hundred thousand or | 18899 |
| more, and in the Lorain municipal court, the clerk of the | 18900 |
| municipal court shall receive annual compensation in a sum equal | 18901 |
| to eighty-five per cent of the salary of a judge of the court. | 18902 |
| (3) The compensation of a clerk described in division (C)(1) | 18903 |
| or (2) of this section is payable in semimonthly installments from | 18904 |
| the same sources and in the same manner as provided in section | 18905 |
| 1901.11 of the Revised Code. | 18906 |
| (D) Before entering upon the duties of the clerk's office, | 18907 |
| the clerk of a municipal court shall give bond of not less than | 18908 |
| six thousand dollars to be determined by the judges of the court, | 18909 |
| conditioned upon the faithful performance of the clerk's duties. | 18910 |
| (E) The clerk of a municipal court may do all of the | 18911 |
| following: administer oaths, take affidavits, and issue executions | 18912 |
| upon any judgment rendered in the court, including a judgment for | 18913 |
| unpaid costs; issue, sign, and attach the seal of the court to all | 18914 |
| writs, process, subpoenas, and papers issuing out of the court; | 18915 |
| and approve all bonds, sureties, recognizances, and undertakings | 18916 |
| fixed by any judge of the court or by law. The clerk may refuse to | 18917 |
| accept for filing any pleading or paper submitted for filing by a | 18918 |
| person who has been found to be a vexatious litigator under | 18919 |
| section 2323.52 of the Revised Code and who has failed to obtain | 18920 |
| leave to proceed under that section. The clerk shall do all of the | 18921 |
| following: file and safely keep all journals, records, books, and | 18922 |
| papers belonging or appertaining to the court; record the | 18923 |
| proceedings of the court; perform all other duties that the judges | 18924 |
| of the court may prescribe; and keep a book showing all receipts | 18925 |
| and disbursements, which book shall be open for public inspection | 18926 |
| at all times. | 18927 |
| The clerk shall prepare and maintain a general index, a | 18928 |
| docket, and other records that the court, by rule, requires, all | 18929 |
| of which shall be the public records of the court. In the docket, | 18930 |
| the clerk shall enter, at the time of the commencement of an | 18931 |
| action, the names of the parties in full, the names of the | 18932 |
| counsel, and the nature of the proceedings. Under proper dates, | 18933 |
| the clerk shall note the filing of the complaint, issuing of | 18934 |
| summons or other process, returns, and any subsequent pleadings. | 18935 |
| The clerk also shall enter all reports, verdicts, orders, | 18936 |
| judgments, and proceedings of the court, clearly specifying the | 18937 |
| relief granted or orders made in each action. The court may order | 18938 |
| an extended record of any of the above to be made and entered, | 18939 |
| under the proper action heading, upon the docket at the request of | 18940 |
| any party to the case, the expense of which record may be taxed as | 18941 |
| costs in the case or may be required to be prepaid by the party | 18942 |
| demanding the record, upon order of the court. | 18943 |
| (F) The clerk of a municipal court shall receive, collect, | 18944 |
| and issue receipts for all costs, fees, fines, bail, and other | 18945 |
| moneys payable to the office or to any officer of the court. The | 18946 |
| clerk shall each month disburse to the proper persons or officers, | 18947 |
| and take receipts for, all costs, fees, fines, bail, and other | 18948 |
| moneys that the clerk collects. Subject to sections 3375.50 and | 18949 |
| 4511.193 of the Revised Code and to any other section of the | 18950 |
| Revised Code that requires a specific manner of disbursement of | 18951 |
| any moneys received by a municipal court and except for the | 18952 |
| Hamilton county, Lawrence county, and Ottawa county municipal | 18953 |
| courts, the clerk shall pay all fines received for violation of | 18954 |
| municipal ordinances into the treasury of the municipal | 18955 |
| corporation the ordinance of which was violated and shall pay all | 18956 |
| fines received for violation of township resolutions adopted | 18957 |
| pursuant to Chapter 504. of the Revised Code into the treasury of | 18958 |
| the township the resolution of which was violated. Subject to | 18959 |
| sections 1901.024 and 4511.193 of the Revised Code, in the | 18960 |
| Hamilton county, Lawrence county, and Ottawa county municipal | 18961 |
| courts, the clerk shall pay fifty per cent of the fines received | 18962 |
| for violation of municipal ordinances and fifty per cent of the | 18963 |
| fines received for violation of township resolutions adopted | 18964 |
| pursuant to Chapter 504. of the Revised Code into the treasury of | 18965 |
| the county. Subject to sections 3375.50, 3375.53, 4511.19, and | 18966 |
| 5503.04 of the Revised Code and to any other section of the | 18967 |
| Revised Code that requires a specific manner of disbursement of | 18968 |
| any moneys received by a municipal court, the clerk shall pay all | 18969 |
| fines collected for the violation of state laws into the county | 18970 |
| treasury. Except in a county-operated municipal court, the clerk | 18971 |
| shall pay all costs and fees the disbursement of which is not | 18972 |
| otherwise provided for in the Revised Code into the city treasury. | 18973 |
| The clerk of a county-operated municipal court shall pay the costs | 18974 |
| and fees the disbursement of which is not otherwise provided for | 18975 |
| in the Revised Code into the county treasury. Moneys deposited as | 18976 |
| security for costs shall be retained pending the litigation. The | 18977 |
| clerk shall keep a separate account of all receipts and | 18978 |
| disbursements in civil and criminal cases, which shall be a | 18979 |
| permanent public record of the office. On the expiration of the | 18980 |
| term of the clerk, the clerk shall deliver the records to the | 18981 |
| clerk's successor. The clerk shall have other powers and duties as | 18982 |
| are prescribed by rule or order of the court. | 18983 |
| (G) All moneys paid into a municipal court shall be noted on | 18984 |
| the record of the case in which they are paid and shall be | 18985 |
| deposited in a state or national bank, or a domestic savings and | 18986 |
| loan association, as defined in section 1151.01 of the Revised | 18987 |
| Code, that is selected by the clerk. Any interest received upon | 18988 |
| the deposits shall be paid into the city treasury, except that, in | 18989 |
| a county-operated municipal court, the interest shall be paid into | 18990 |
| the treasury of the county in which the court is located. | 18991 |
| On the first Monday in January of each year, the clerk shall | 18992 |
| make a list of the titles of all cases in the court that were | 18993 |
| finally determined more than one year past in which there remains | 18994 |
| unclaimed in the possession of the clerk any funds, or any part of | 18995 |
| a deposit for security of costs not consumed by the costs in the | 18996 |
| case. The clerk shall give notice of the moneys to the parties who | 18997 |
| are entitled to the moneys or to their attorneys of record. All | 18998 |
| the moneys remaining unclaimed on the first day of April of each | 18999 |
| year shall be paid by the clerk to the city treasurer, except | 19000 |
| that, in a county-operated municipal court, the moneys shall be | 19001 |
| paid to the treasurer of the county in which the court is located. | 19002 |
| The treasurer shall pay any part of the moneys at any time to the | 19003 |
| person who has the right to the moneys upon proper certification | 19004 |
| of the clerk. | 19005 |
| (H) Deputy clerks may be appointed by the clerk and shall | 19006 |
| receive the compensation, payable in semimonthly installments out | 19007 |
| of the city treasury, that the clerk may prescribe, except that | 19008 |
| the compensation of any deputy clerk of a county-operated | 19009 |
| municipal court shall be paid out of the treasury of the county in | 19010 |
| which the court is located. Each deputy clerk shall take an oath | 19011 |
| of office before entering upon the duties of the deputy clerk's | 19012 |
| office and, when so qualified, may perform the duties appertaining | 19013 |
| to the office of the clerk. The clerk may require any of the | 19014 |
| deputy clerks to give bond of not less than three thousand | 19015 |
| dollars, conditioned for the faithful performance of the deputy | 19016 |
| clerk's duties. | 19017 |
| (I) For the purposes of this section, whenever the population | 19018 |
| of the territory of a municipal court falls below one hundred | 19019 |
| thousand but not below ninety thousand, and the population of the | 19020 |
| territory prior to the most recent regular federal census exceeded | 19021 |
| one hundred thousand, the legislative authority of the municipal | 19022 |
| corporation may declare, by resolution, that the territory shall | 19023 |
| be considered to have a population of at least one hundred | 19024 |
| thousand. | 19025 |
| (J) The clerk or a deputy clerk shall be in attendance at all | 19026 |
| sessions of the municipal court, although not necessarily in the | 19027 |
| courtroom, and may administer oaths to witnesses and jurors and | 19028 |
| receive verdicts. | 19029 |
| Sec. 1907.24. (A) Subject to division (C) of this section, a | 19030 |
| county court shall fix and tax fees and costs as follows: | 19031 |
| (1) The county court shall require an advance deposit for the | 19032 |
| filing of any new civil action or proceeding when required by | 19033 |
| division (C) of this section and, in all other cases, shall | 19034 |
| establish a schedule of fees and costs to be taxed in any civil or | 19035 |
| criminal action or proceeding. | 19036 |
| (2) The county court by rule may require an advance deposit | 19037 |
| for the filing of a civil action or proceeding and publication | 19038 |
| fees as provided in section 2701.09 of the Revised Code. The court | 19039 |
| may waive an advance deposit requirement upon the presentation of | 19040 |
| an affidavit or other evidence that establishes that a party is | 19041 |
| unable to make the requisite deposit. | 19042 |
| (3) When a party demands a jury trial in a civil action or | 19043 |
| proceeding, the county court may require the party to make an | 19044 |
| advance deposit as fixed by rule of court, unless the court | 19045 |
| concludes, on the basis of an affidavit or other evidence | 19046 |
| presented by the party, that the party is unable to make the | 19047 |
| requisite deposit. If a jury is called, the county court shall tax | 19048 |
| the fees of a jury as costs. | 19049 |
| (4) In a civil or criminal action or proceeding, the county | 19050 |
| court shall fix the fees of witnesses in accordance with sections | 19051 |
| 2335.06 and 2335.08 of the Revised Code. | 19052 |
| (5) A county court may tax as part of the costs in a trial of | 19053 |
| the cause, in an amount fixed by rule of court, a reasonable | 19054 |
| charge for driving, towing, carting, storing, keeping, and | 19055 |
| preserving motor vehicles and other personal property recovered or | 19056 |
| seized in a proceeding. | 19057 |
| (6) The court shall preserve chattel property seized under a | 19058 |
| writ or process issued by the court pending final disposition for | 19059 |
| the benefit of all interested persons. The court may place the | 19060 |
| chattel property in storage when necessary or proper for its | 19061 |
| preservation. The custodian of chattel property so stored shall | 19062 |
| not be required to part with the possession of the property until | 19063 |
| a reasonable charge, to be fixed by the court, is paid. | 19064 |
| (7) The county court, as it determines, may refund all | 19065 |
| deposits and advance payments of fees and costs, including those | 19066 |
| for jurors and summoning jurors, when they have been paid by the | 19067 |
| losing party. | 19068 |
| (8) The court may tax as part of costs charges for the | 19069 |
| publication of legal notices required by statute or order of | 19070 |
| court, as provided by section 7.13 of the Revised Code. | 19071 |
| (B)(1) The county court may determine that, for the efficient | 19072 |
| operation of the court, additional funds are necessary to acquire | 19073 |
| and pay for special projects of the court including, but not | 19074 |
| limited to, the acquisition of additional facilities or the | 19075 |
| rehabilitation of existing facilities, the acquisition of | 19076 |
| equipment, the hiring and training of staff, community service | 19077 |
| programs, mediation or dispute resolution services, the employment | 19078 |
| of magistrates, the training and education of judges, acting | 19079 |
| judges, and magistrates, and other related services. Upon that | 19080 |
| determination, the court by rule may charge a fee, in addition to | 19081 |
| all other court costs, on the filing of each criminal cause, civil | 19082 |
| action or proceeding, or judgment by confession. | 19083 |
| If the county court offers a special program or service in | 19084 |
| cases of a specific type, the county court by rule may assess an | 19085 |
| additional charge in a case of that type, over and above court | 19086 |
| costs, to cover the special program or service. The county court | 19087 |
| shall adjust the special assessment periodically, but not | 19088 |
| retroactively, so that the amount assessed in those cases does not | 19089 |
| exceed the actual cost of providing the service or program. | 19090 |
| All moneys collected under division (B) of this section shall | 19091 |
| be paid to the county treasurer for deposit into either a general | 19092 |
| special projects fund or a fund established for a specific special | 19093 |
| project. Moneys from a fund of that nature shall be disbursed upon | 19094 |
| an order of the court in an amount no greater than the actual cost | 19095 |
| to the court of a project. If a specific fund is terminated | 19096 |
| because of the discontinuance of a program or service established | 19097 |
| under division (B) of this section, the county court may order | 19098 |
| that moneys remaining in the fund be transferred to an account | 19099 |
| established under this division for a similar purpose. | 19100 |
| (2) As used in division (B) of this section: | 19101 |
| (a) "Criminal cause" means a charge alleging the violation of | 19102 |
| a statute or ordinance, or subsection of a statute or ordinance, | 19103 |
| that requires a separate finding of fact or a separate plea before | 19104 |
| disposition and of which the defendant may be found guilty, | 19105 |
| whether filed as part of a multiple charge on a single summons, | 19106 |
| citation, or complaint or as a separate charge on a single | 19107 |
| summons, citation, or complaint. "Criminal cause" does not include | 19108 |
| separate violations of the same statute or ordinance, or | 19109 |
| subsection of the same statute or ordinance, unless each charge is | 19110 |
| filed on a separate summons, citation, or complaint. | 19111 |
| (b) "Civil action or proceeding" means any civil litigation | 19112 |
| that must be determined by judgment entry. | 19113 |
| (C) Subject to division (E) of this section, the county court | 19114 |
| shall collect in all its divisions except the small claims | 19115 |
|
division the sum of | 19116 |
| filing fees in each new civil action or proceeding for the | 19117 |
| charitable public purpose of providing financial assistance to | 19118 |
| legal aid societies that operate within the state. Subject to | 19119 |
| division (E) of this section, the county court shall collect in | 19120 |
| its small
claims
division the sum of | 19121 |
| additional filing fees in each new civil action or proceeding for | 19122 |
| the charitable public purpose of providing financial assistance to | 19123 |
| legal aid societies that operate within the state. This division | 19124 |
| does not apply to any execution on a judgment, proceeding in aid | 19125 |
| of execution, or other post-judgment proceeding arising out of a | 19126 |
| civil action. The filing fees required to be collected under this | 19127 |
| division shall be in addition to any other court costs imposed in | 19128 |
| the action or proceeding and shall be collected at the time of the | 19129 |
| filing of the action or proceeding. The court shall not waive the | 19130 |
| payment of the additional filing fees in a new civil action or | 19131 |
| proceeding unless the court waives the advanced payment of all | 19132 |
| filing fees in the action or proceeding. All such moneys collected | 19133 |
| during a month shall be transmitted on or before the twentieth day | 19134 |
| of the following month by the clerk of the court to the treasurer | 19135 |
| of state in a manner prescribed by the treasurer of state or by | 19136 |
| the Ohio legal assistance foundation. The
| 19137 |
| 19138 | |
| the funds collected under this division to the credit of the civil | 19139 |
| case filing fee fund established under section 120.07 of the | 19140 |
| Revised Code and ninety-six per cent of the funds collected under | 19141 |
| this division to the credit of the legal aid fund established | 19142 |
| under section 120.52 of the Revised Code. | 19143 |
| The court may retain up to one per cent of the moneys it | 19144 |
| collects under this division to cover administrative costs, | 19145 |
| including the hiring of any additional personnel necessary to | 19146 |
| implement this division. | 19147 |
| (D) The county court shall establish by rule a schedule of | 19148 |
| fees for miscellaneous services performed by the county court or | 19149 |
| any of its judges in accordance with law. If judges of the court | 19150 |
| of common pleas perform similar services, the fees prescribed in | 19151 |
| the schedule shall not exceed the fees for those services | 19152 |
| prescribed by the court of common pleas. | 19153 |
| (E) Under the circumstances described in sections 2969.21 to | 19154 |
| 2969.27 of the Revised Code, the clerk of the county court shall | 19155 |
| charge the fees and perform the other duties specified in those | 19156 |
| sections. | 19157 |
| Sec. 2113.041. (A) The administrator of the estate recovery | 19158 |
| program established pursuant to section 5111.11 of the Revised | 19159 |
| Code may present an affidavit to a financial institution | 19160 |
| requesting that the financial institution release account proceeds | 19161 |
| to recover the cost of services correctly provided to a medicaid | 19162 |
| recipient who is subject to the estate recovery program. The | 19163 |
| affidavit shall include all of the following information: | 19164 |
| (1) The name of the decedent; | 19165 |
| (2) The name of any person who gave notice that the decedent | 19166 |
| was a medicaid recipient and that person's relationship to the | 19167 |
| decedent; | 19168 |
| (3) The name of the financial institution; | 19169 |
| (4) The account number; | 19170 |
| (5) A description of the claim for estate recovery; | 19171 |
| (6) The amount of funds to be recovered. | 19172 |
| (B) A financial institution may release account proceeds to | 19173 |
| the administrator of the estate recovery program if all of the | 19174 |
| following apply: | 19175 |
| (1) The decedent held an account at the financial institution | 19176 |
| that was in the decedent's name only. | 19177 |
| (2) No estate has been, and it is reasonable to assume that | 19178 |
| no estate will be, opened for the decedent. | 19179 |
| (3) The decedent has no outstanding debts known to the | 19180 |
| administrator of the estate recovery program. | 19181 |
| (4) The financial institution has received no objections or | 19182 |
| has determined that no valid objections to release of proceeds | 19183 |
| have been received. | 19184 |
| (C) If proceeds have been released pursuant to division (B) | 19185 |
| of this section and the department of job and family services | 19186 |
| receives notice of a valid claim to the proceeds that has a higher | 19187 |
| priority under section 2117.25 of the Revised Code than the claim | 19188 |
| of the estate recovery program, the department may refund the | 19189 |
| proceeds to the financial institution or pay them to the person or | 19190 |
| government entity with the claim. | 19191 |
| Sec. 2117.061. (A) As used in this section | 19192 |
| (1) "Medicaid estate recovery program" means the program | 19193 |
| instituted under section 5111.11 of the Revised Code. | 19194 |
| (2) "Permanently institutionalized individual" has the same | 19195 |
| meaning as in section 5111.11 of the Revised Code. | 19196 |
| (3) "Person responsible for the estate" means the executor, | 19197 |
| administrator, commissioner, or person who filed pursuant to | 19198 |
| section 2113.03 of the Revised Code for release from | 19199 |
| administration of an estate. | 19200 |
|
(B) If | 19201 |
| years of age or older | 19202 |
| institutionalized individual, the person responsible for | 19203 |
| decedent's estate shall determine whether the decedent was, at any | 19204 |
| time during the decedent's life, a medicaid recipient | 19205 |
| 19206 | |
| decedent was a medicaid recipient, the person responsible for the | 19207 |
| estate shall | 19208 |
| completed medicaid estate recovery reporting form prescribed under | 19209 |
| division (D) of this section to the administrator of the medicaid | 19210 |
| estate recovery program | 19211 |
| 19212 | |
| any of the following: | 19213 |
| (1) The granting of letters testamentary; | 19214 |
| (2) The administration of the estate; | 19215 |
| (3) The filing of an application for release from | 19216 |
| administration or summary release from administration. | 19217 |
|
(C) The person responsible for | 19218 |
| appropriate box on the appropriate probate form to indicate | 19219 |
| compliance with the requirements of division (B) of this section. | 19220 |
| The probate court shall send a copy of the completed probate | 19221 |
| form to the administrator of the medicaid estate recovery program. | 19222 |
| (D) The administrator of the estate recovery program shall | 19223 |
| prescribe a medicaid estate recovery reporting form for the | 19224 |
| purpose of division (B) of this section. The form shall require, | 19225 |
| at a minimum, that the person responsible for the estate list all | 19226 |
| of the decedent's real and personal property and other assets that | 19227 |
| are part of the decedent's estate as defined in section 5111.11 of | 19228 |
| the Revised Code. The administrator shall include on the form a | 19229 |
| statement printed in bold letters informing the person responsible | 19230 |
| for the estate that knowingly making a false statement on the form | 19231 |
| is falsification under section 2921.13 of the Revised Code, a | 19232 |
| misdemeanor of the first degree. | 19233 |
| (E) The estate recovery program administrator shall present a | 19234 |
| claim for estate recovery to the person responsible for the estate | 19235 |
| or the person's legal representative not later than ninety days | 19236 |
| after the date on which | 19237 |
| reporting form is received under division (B) of this section or | 19238 |
| one year after the decedent's death, whichever is later. | 19239 |
| Sec. 2151.282. (A) There is hereby created the Ohio court | 19240 |
| appointed special advocate/guardian ad litem (CASA/GAL) study | 19241 |
| committee consisting of five members. One member shall be a | 19242 |
| representative of the Ohio court appointed special | 19243 |
| advocate/guardian ad litem association appointed by the governor | 19244 |
| and shall be the chairperson of the committee. One member shall be | 19245 |
| a member of the Ohio juvenile judges association, appointed by the | 19246 |
| president of the senate. One member shall be a member of the Ohio | 19247 |
| state bar association appointed by the speaker of the house of | 19248 |
| representatives. One member shall be a representative of the | 19249 |
| office of the state public defender appointed by the minority | 19250 |
| leader of the senate. One member shall be a representative of the | 19251 |
| Ohio county commissioner's association appointed by the minority | 19252 |
| leader of the house of representatives. The members of the | 19253 |
| committee shall be appointed within sixty days after the effective | 19254 |
| date of this section. The committee shall do all of the following: | 19255 |
| (1) Compile available public data associated with state and | 19256 |
| local costs of advocating on behalf of children who have been | 19257 |
| found to be abused, neglected, or dependent children; | 19258 |
| (2) Examine the costs in counties that have established and | 19259 |
| operated an Ohio CASA/GAL association program, and the costs in | 19260 |
| counties that utilize the county public defender, joint county | 19261 |
| public defender, or court-appointed counsel, to advocate on behalf | 19262 |
| of children who have been found to be abused, neglected, or | 19263 |
| dependent children; | 19264 |
| (3) Analyze the total cost of advocating on behalf of | 19265 |
| children who have been found to be abused, neglected, or dependent | 19266 |
| children on a per county basis and a per child served basis; | 19267 |
| (4) Analyze the cost benefit of having an Ohio CASA/GAL | 19268 |
| association versus utilizing the county public defender, joint | 19269 |
| county public defender, or court-appointed counsel to advocate on | 19270 |
| behalf of children who have been found to be abused, neglected, or | 19271 |
| dependent children; | 19272 |
| (5) Analyze the advocacy services provided to abused | 19273 |
| children, neglected children, or dependent children by Ohio | 19274 |
| CASA/GAL association programs versus the advocacy services | 19275 |
| provided to abused, neglected, or dependent children by county | 19276 |
| public defenders, joint county public defenders, or | 19277 |
| court-appointed counsel. | 19278 |
| (B) The Ohio CASA/GAL association shall provide staff for the | 19279 |
| Ohio CASA/GAL study committee and shall pay for any expenses | 19280 |
| incurred by the study committee. The study committee shall meet | 19281 |
| within thirty days after the appointment of the members to the | 19282 |
| study committee. | 19283 |
| (C) The Ohio CASA/GAL study committee shall prepare a report | 19284 |
| containing all relevant data and information that division (A) of | 19285 |
| this section requires the study committee to compile, examine, and | 19286 |
| analyze. The Ohio CASA/GAL study committee shall deliver a final | 19287 |
| copy of the report to the governor, the speaker of the house of | 19288 |
| representatives, and the president of the senate on or before July | 19289 |
| 1, 2007. | 19290 |
| Sec. 2151.352. A
child, | 19291 |
| custodian,
or
any other
person in loco parentis of | 19292 |
| is entitled to representation by legal counsel at all stages of | 19293 |
| the proceedings under this chapter or Chapter 2152. of the Revised | 19294 |
| Code | 19295 |
| unable to employ counsel, the party is entitled to have counsel | 19296 |
| provided for the person pursuant to Chapter 120. of the Revised | 19297 |
| Code except in civil matters in which the juvenile court is | 19298 |
| exercising jurisdiction pursuant to division (A)(2), (3), (9), | 19299 |
| (10), (11), (12), or (13); (B)(2), (3), (4), (5), or (6); (C); | 19300 |
| (D); or (F)(1) or (2) of section 2151.23 of the Revised Code. If a | 19301 |
| party appears without counsel, the court shall ascertain whether | 19302 |
| the party knows of the party's right to counsel and of the party's | 19303 |
| right to be provided with counsel if the party is an indigent | 19304 |
| person. The court may continue the case to enable a party to | 19305 |
|
obtain counsel | 19306 |
|
or the joint county public defender | 19307 |
| appointed counsel upon request pursuant to Chapter 120. of the | 19308 |
| Revised Code. Counsel must be provided for a child not represented | 19309 |
| by the child's parent, guardian, or custodian. If the interests of | 19310 |
| two or more such parties conflict, separate counsel shall be | 19311 |
| provided for each of them. | 19312 |
| Section 2935.14 of the Revised Code applies to any child | 19313 |
| taken into custody. The parents, custodian, or guardian of such | 19314 |
| child, and any attorney at law representing them or the child, | 19315 |
| shall be entitled to visit such child at any reasonable time, be | 19316 |
| present at any hearing involving the child, and be given | 19317 |
| reasonable notice of such hearing. | 19318 |
| Any report or part thereof concerning such child, which is | 19319 |
| used in the hearing and is pertinent thereto, shall for good cause | 19320 |
| shown be made available to any attorney at law representing such | 19321 |
| child and to any attorney at law representing the parents, | 19322 |
| custodian, or guardian of such child, upon written request prior | 19323 |
| to any hearing involving such child. | 19324 |
| Sec. 2151.416. (A) Each agency that is required by section | 19325 |
| 2151.412 of the Revised Code to prepare a case plan for a child | 19326 |
| shall complete a semiannual administrative review of the case plan | 19327 |
| no later than six months after the earlier of the date on which | 19328 |
| the complaint in the case was filed or the child was first placed | 19329 |
| in shelter care. After the first administrative review, the agency | 19330 |
| shall complete semiannual administrative reviews no later than | 19331 |
| every six months. If the court issues an order pursuant to section | 19332 |
| 2151.414 or 2151.415 of the Revised Code, the agency shall | 19333 |
| complete an administrative review no later than six months after | 19334 |
| the court's order and continue to complete administrative reviews | 19335 |
| no later than every six months after the first review, except that | 19336 |
| the court hearing held pursuant to section 2151.417 of the Revised | 19337 |
| Code may take the place of any administrative review that would | 19338 |
| otherwise be held at the time of the court hearing. When | 19339 |
| conducting a review, the child's health and safety shall be the | 19340 |
| paramount concern. | 19341 |
| (B) Each administrative review required by division (A) of | 19342 |
| this section shall be conducted by a review panel of at least | 19343 |
| three persons, including, but not limited to, both of the | 19344 |
| following: | 19345 |
| (1) A caseworker with day-to-day responsibility for, or | 19346 |
| familiarity with, the management of the child's case plan; | 19347 |
| (2) A person who is not responsible for the management of the | 19348 |
| child's case plan or for the delivery of services to the child or | 19349 |
| the parents, guardian, or custodian of the child. | 19350 |
| (C) Each semiannual administrative review shall include, but | 19351 |
| not be limited to, a joint meeting by the review panel with the | 19352 |
| parents, guardian, or custodian of the child, the guardian ad | 19353 |
| litem of the child, and the child's foster care provider and shall | 19354 |
| include an opportunity for those persons to submit any written | 19355 |
| materials to be included in the case record of the child. If a | 19356 |
| parent, guardian, custodian, guardian ad litem, or foster care | 19357 |
| provider of the child cannot be located after reasonable efforts | 19358 |
| to do so or declines to participate in the administrative review | 19359 |
| after being contacted, the agency does not have to include them in | 19360 |
| the joint meeting. | 19361 |
| (D) The agency shall prepare a written summary of the | 19362 |
| semiannual administrative review that shall include, but not be | 19363 |
| limited to, all of the following: | 19364 |
| (1) A conclusion regarding the safety and appropriateness of | 19365 |
| the child's foster care placement; | 19366 |
| (2) The extent of the compliance with the case plan of all | 19367 |
| parties; | 19368 |
| (3) The extent of progress that has been made toward | 19369 |
| alleviating the circumstances that required the agency to assume | 19370 |
| temporary custody of the child; | 19371 |
| (4) An estimated date by which the child may be returned to | 19372 |
| and safely maintained in the child's home or placed for adoption | 19373 |
| or legal custody; | 19374 |
| (5) An updated case plan that includes any changes that the | 19375 |
| agency is proposing in the case plan; | 19376 |
| (6) The recommendation of the agency as to which agency or | 19377 |
| person should be given custodial rights over the child for the | 19378 |
| six-month period after the administrative review; | 19379 |
| (7) The names of all persons who participated in the | 19380 |
| administrative review. | 19381 |
| (E) The agency shall file the summary with the court no later | 19382 |
| than seven days after the completion of the administrative review. | 19383 |
| If the agency proposes a change to the case plan as a result of | 19384 |
| the administrative review, the agency shall file the proposed | 19385 |
| change with the court at the time it files the summary. The agency | 19386 |
| shall give notice of the summary and proposed change in writing | 19387 |
| before the end of the next day after filing them to all parties | 19388 |
| and the child's guardian ad litem. All parties and the guardian ad | 19389 |
| litem shall have seven days after the date the notice is sent to | 19390 |
| object to and request a hearing on the proposed change. | 19391 |
| (1) If the court receives a timely request for a hearing, the | 19392 |
| court shall schedule a hearing pursuant to section 2151.417 of the | 19393 |
| Revised Code to be held not later than thirty days after the court | 19394 |
| receives the request. The court shall give notice of the date, | 19395 |
| time, and location of the hearing to all parties and the guardian | 19396 |
| ad litem. The agency may implement the proposed change after the | 19397 |
| hearing, if the court approves it. The agency shall not implement | 19398 |
| the proposed change unless it is approved by the court. | 19399 |
| (2) If the court does not receive a timely request for a | 19400 |
| hearing, the court may approve the proposed change without a | 19401 |
| hearing. If the court approves the proposed change without a | 19402 |
| hearing, it shall journalize the case plan with the change not | 19403 |
| later than fourteen days after the change is filed with the court. | 19404 |
| If the court does not approve the proposed change to the case | 19405 |
| plan, it shall schedule a review hearing to be held pursuant to | 19406 |
| section 2151.417 of the Revised Code no later than thirty days | 19407 |
| after the expiration of the fourteen-day time period and give | 19408 |
| notice of the date, time, and location of the hearing to all | 19409 |
| parties and the guardian ad litem of the child. If, despite the | 19410 |
| requirements of this division and division (D) of section 2151.417 | 19411 |
| of the Revised Code, the court neither approves and journalizes | 19412 |
| the proposed change nor conducts a hearing, the agency may | 19413 |
| implement the proposed change not earlier than fifteen days after | 19414 |
| it is submitted to the court. | 19415 |
| (F) The director of job and family services may adopt rules | 19416 |
| pursuant to Chapter 119. of the Revised Code for procedures and | 19417 |
| standard forms for conducting administrative reviews pursuant to | 19418 |
| this section. | 19419 |
| (G) The juvenile court that receives the written summary of | 19420 |
| the administrative review, upon determining, either from the | 19421 |
| written summary, case plan, or otherwise, that the custody or care | 19422 |
| arrangement is not in the best interest of the child, may | 19423 |
| terminate the custody of an agency and place the child in the | 19424 |
| custody of another institution or association certified by the | 19425 |
| department of job and family services under section 5103.03 of the | 19426 |
| Revised Code. | 19427 |
| (H) The department of job and family services shall report | 19428 |
| annually to the public and to the general assembly on the results | 19429 |
|
of the
review of case plans of each agency | 19430 |
| 19431 | |
| 19432 | |
| that is required by the department, including, but not limited to, | 19433 |
| all of the following: | 19434 |
| (1) A statistical analysis of the administrative reviews | 19435 |
| conducted pursuant to this section and section 2151.417 of the | 19436 |
| Revised Code; | 19437 |
| (2) The number of children in temporary or permanent custody | 19438 |
| for whom an administrative review was conducted, the number of | 19439 |
| children whose custody status changed during the period, the | 19440 |
| number of children whose residential placement changed during the | 19441 |
| period, and the number of residential placement changes for each | 19442 |
| child during the period; | 19443 |
| (3) An analysis of the utilization of public social services | 19444 |
| by agencies and parents or guardians, and the utilization of the | 19445 |
| adoption listing service of the department pursuant to section | 19446 |
|
5103.154 of the Revised Code | 19447 |
| | 19448 |
| 19449 |
| Sec. 2151.652. A joint board of county commissioners that has | 19450 |
| organized a district for the establishment and support of a | 19451 |
| school, forestry camp, or other facility or facilities under | 19452 |
| section 2151.65 of the Revised Code shall approve all contracts | 19453 |
| entered into by or on behalf of the district and shall approve the | 19454 |
| district's annual budget. The joint board of county commissioners | 19455 |
| has exclusive authority to retain legal counsel for the district. | 19456 |
| Sec. 2152.43. (A) A board of county commissioners that | 19457 |
| provides a detention facility and the board of trustees of a | 19458 |
| district detention facility may apply to the department of youth | 19459 |
| services under section 5139.281 of the Revised Code for assistance | 19460 |
| in defraying the cost of operating and maintaining the facility. | 19461 |
| The application shall be made on forms prescribed and furnished by | 19462 |
| the department. | 19463 |
| The board of county commissioners of each county that | 19464 |
| participates in a district detention facility may apply to the | 19465 |
| department of youth services for assistance in defraying the | 19466 |
| county's share of the cost of acquisition or construction of the | 19467 |
| facility, as provided in section 5139.271 of the Revised Code. | 19468 |
| Application shall be made in accordance with rules adopted by the | 19469 |
| department. No county shall be reimbursed for expenses incurred in | 19470 |
| the acquisition or construction of a district detention facility | 19471 |
| that serves a district having a population of less than one | 19472 |
| hundred thousand. | 19473 |
| (B)(1) The joint boards of county commissioners of district | 19474 |
| detention facilities shall defray all necessary expenses of the | 19475 |
| facility not paid from funds made available under section 5139.281 | 19476 |
| of the Revised Code, through annual assessments of taxes, through | 19477 |
| gifts, or through other means. | 19478 |
| If any county withdraws from a district under division (D) of | 19479 |
| section 2152.41 of the Revised Code, it shall continue to have | 19480 |
| levied against its tax duplicate any tax levied by the district | 19481 |
| during the period in which the county was a member of the district | 19482 |
| for current operating expenses, permanent improvements, or the | 19483 |
| retirement of bonded indebtedness. The levy shall continue to be a | 19484 |
| levy against the tax duplicate of the county until the time that | 19485 |
| it expires or is renewed. | 19486 |
| (2) The current expenses of maintaining the facility not paid | 19487 |
| from funds made available under section 5139.281 of the Revised | 19488 |
| Code or division (C) of this section, and the cost of ordinary | 19489 |
| repairs to the facility, shall be paid by each county in | 19490 |
| accordance with one of the following methods as approved by the | 19491 |
| joint board of county commissioners: | 19492 |
| (a) In proportion to the number of children from that county | 19493 |
| who are maintained in the facility during the year; | 19494 |
| (b) By a levy submitted by the joint board of county | 19495 |
| commissioners under division (A) of section 5705.19 of the Revised | 19496 |
| Code and approved by the electors of the district; | 19497 |
| (c) In proportion to the taxable property of each county, as | 19498 |
| shown by its tax duplicate; | 19499 |
| (d) In any | 19500 |
| 19501 | |
| agreed upon by unanimous vote of the joint board of county | 19502 |
| commissioners. | 19503 |
| (C) When any person donates or bequeaths any real or personal | 19504 |
| property to a county or district detention facility, the juvenile | 19505 |
| court or the trustees of the facility may accept and use the gift, | 19506 |
| consistent with the best interest of the institution and the | 19507 |
| conditions of the gift. | 19508 |
| Sec. 2152.44. (A) As soon as practical after the | 19509 |
| organization of the joint board of county commissioners as | 19510 |
| provided by section 2152.41 of the Revised Code, the joint board | 19511 |
| shall appoint a board of not less than five trustees. The board | 19512 |
| shall hold office until the first annual meeting after the choice | 19513 |
| of an established site and buildings, or after the selection and | 19514 |
| purchase of a building site. At that time, the joint board of | 19515 |
| county commissioners shall appoint a board of not less than five | 19516 |
| trustees, one of whom shall hold office for a term of one year, | 19517 |
| one for a term of two years, one for a term of three years, half | 19518 |
| of the remaining number for a term of four years, and the | 19519 |
| remainder for a term of five years. Annually thereafter, the joint | 19520 |
| board of county commissioners shall appoint one or more trustees, | 19521 |
| each of whom shall hold office for a term of five years, to | 19522 |
| succeed the trustee or trustees whose term of office expires. A | 19523 |
| trustee may be appointed to successive terms. Any person appointed | 19524 |
| as a trustee shall be recommended and approved by the juvenile | 19525 |
| court judge or judges of the county of which the person resides. | 19526 |
| At least one trustee shall reside in each county in the | 19527 |
| district. In districts composed of two counties, each county shall | 19528 |
| be entitled to not less than two trustees. In districts composed | 19529 |
| of more than four counties, the number of trustees shall be | 19530 |
| sufficiently increased, provided that there shall always be an | 19531 |
| uneven number of trustees on the board. The county in which a | 19532 |
| district detention facility is located shall have not less than | 19533 |
| two trustees, who, in the interim period between the regular | 19534 |
| meetings of the trustees, shall act as an executive committee in | 19535 |
| the discharge of all business pertaining to the facility. | 19536 |
| The joint board of county commissioners may remove any | 19537 |
| trustee for good cause. The trustee appointed to fill any vacancy | 19538 |
| shall hold the office for the unexpired term of the predecessor | 19539 |
| trustee. | 19540 |
| (B) The annual meeting of the board of trustees shall be held | 19541 |
| on the first Tuesday in May in each year. | 19542 |
| A majority of the board constitutes a quorum. Other board | 19543 |
| meetings shall be held at least quarterly. The juvenile court | 19544 |
| judge of each county of the district, or the judge's designee, | 19545 |
| shall attend the meetings. The members of the board shall receive | 19546 |
| no compensation for their services, except their actual and | 19547 |
| necessary expenses. The treasurer shall pay the member's traveling | 19548 |
| expenses when properly certified. | 19549 |
| (C) When the board of trustees does not choose an established | 19550 |
| institution in one of the counties of the district, it may select | 19551 |
| a suitable site for the erection of a district detention facility. | 19552 |
| The site must be easily accessible, conducive to health, economy | 19553 |
| in purchasing or in building, and the general interest of the | 19554 |
| facility and its residents, and be as near as practicable to the | 19555 |
| geographical center of the district. | 19556 |
| In the interim between the selection and purchase of a site, | 19557 |
| and the erection and occupancy of the district detention facility, | 19558 |
| the joint board of county commissioners provided under section | 19559 |
| 19560 | |
| trustees any powers and duties that, in its judgment, will be of | 19561 |
| general interest or aid to the institution. The joint board of | 19562 |
| county commissioners may appropriate a trustees' fund, to be | 19563 |
| expended by the trustees for contracts, purchases, or other | 19564 |
| necessary expenses of the facility. The trustees shall make a | 19565 |
| complete settlement with the joint board of county commissioners | 19566 |
| once each six months, or quarterly if required, and shall make to | 19567 |
| the board of county commissioners and to the juvenile court of | 19568 |
| each of the counties a full report of the condition of the | 19569 |
| facility and residents. | 19570 |
| (D) The choice of an established site and buildings, or the | 19571 |
| purchase of a site, stock, implements, and general farm equipment, | 19572 |
| should there be a farm, the erection of buildings, and the | 19573 |
| completion and furnishing of the district detention facility for | 19574 |
| occupancy, shall be in the hands of the joint board of county | 19575 |
| commissioners organized under section 2152.41 of the Revised Code. | 19576 |
| The joint board of county commissioners may delegate all or a | 19577 |
| portion of these duties to the board of trustees, under any | 19578 |
| restrictions that the joint board of county commissioners imposes. | 19579 |
| When an established site and buildings are used for a | 19580 |
| district detention facility, the joint board of county | 19581 |
| commissioners shall cause the value of that site and those | 19582 |
| buildings to be properly appraised. This appraisal value, or in | 19583 |
| case of the purchase of a site, the purchase price and the cost of | 19584 |
| all improvements thereto, shall be paid by the counties comprising | 19585 |
| the district, in proportion to the taxable property of each | 19586 |
| county, as shown by its tax duplicate. | 19587 |
| (E) Once a district is established, the trustees shall | 19588 |
| operate, maintain, and manage the facility as provided in sections | 19589 |
| 2152.41 to 2152.43 of the Revised Code. | 19590 |
| (F) A joint board of county commissioners that has organized | 19591 |
| a district for the establishment and support of a detention | 19592 |
| facility under section 2152.41 of the Revised Code shall approve | 19593 |
| all contracts entered into by or on behalf of the district and | 19594 |
| shall approve the district's annual budget. The joint board of | 19595 |
| county commissioners has exclusive authority to retain legal | 19596 |
| counsel for the district. | 19597 |
| Sec. 2152.74. (A) As used in this section, "DNA analysis" | 19598 |
| and "DNA specimen" have the same meanings as in section 109.573 of | 19599 |
| the Revised Code. | 19600 |
| (B)(1) A child who is adjudicated a delinquent child for | 19601 |
| committing an act listed in division (D) of this section and who | 19602 |
| is committed to the custody of the department of youth services, | 19603 |
| placed in a detention facility or district detention facility | 19604 |
| pursuant to division (A)(3) of section 2152.19 of the Revised | 19605 |
| Code, or placed in a school, camp, institution, or other facility | 19606 |
| for delinquent children described in division (A)(2) of section | 19607 |
| 2152.19 of the Revised Code shall submit to a DNA specimen | 19608 |
| collection procedure administered by the director of youth | 19609 |
| services if committed to the department or by the chief | 19610 |
| administrative officer of the detention facility, district | 19611 |
| detention facility, school, camp, institution, or other facility | 19612 |
| for delinquent children to which the child was committed or in | 19613 |
| which the child was placed. If the court commits the child to the | 19614 |
| department of youth services, the director of youth services shall | 19615 |
| cause the DNA specimen to be collected from the child during the | 19616 |
| intake process at an institution operated by or under the control | 19617 |
| of the department. If the court commits the child to or places the | 19618 |
| child in a detention facility, district detention facility, | 19619 |
| school, camp, institution, or other facility for delinquent | 19620 |
| children, the chief administrative officer of the detention | 19621 |
| facility, district detention facility, school, camp, institution, | 19622 |
| or facility to which the child is committed or in which the child | 19623 |
| is placed shall cause the DNA specimen to be collected from the | 19624 |
| child during the intake process for the detention facility, | 19625 |
| district detention facility, school, camp, institution, or | 19626 |
| facility. In accordance with division (C) of this section, the | 19627 |
| director or the chief administrative officer shall cause the DNA | 19628 |
| specimen to be forwarded to the bureau of criminal identification | 19629 |
| and investigation no later than fifteen days after the date of the | 19630 |
| collection of the DNA specimen. The DNA specimen shall be | 19631 |
| collected from the child in accordance with division (C) of this | 19632 |
| section. | 19633 |
| (2) If a child is adjudicated a delinquent child for | 19634 |
| committing an act listed in division (D) of this section, is | 19635 |
| committed to or placed in the department of youth services, a | 19636 |
| detention facility or district detention facility, or a school, | 19637 |
| camp, institution, or other facility for delinquent children, and | 19638 |
| does not submit to a DNA specimen collection procedure pursuant to | 19639 |
| division (B)(1) of this section, prior to the child's release from | 19640 |
| the custody of the department of youth services, from the custody | 19641 |
| of the detention facility or district detention facility, or from | 19642 |
| the custody of the school, camp, institution, or facility, the | 19643 |
| child shall submit to, and the director of youth services or the | 19644 |
| chief administrator of the detention facility, district detention | 19645 |
| facility, school, camp, institution, or facility to which the | 19646 |
| child is committed or in which the child was placed shall | 19647 |
| administer, a DNA specimen collection procedure at the institution | 19648 |
| operated by or under the control of the department of youth | 19649 |
| services or at the detention facility, district detention | 19650 |
| facility, school, camp, institution, or facility to which the | 19651 |
| child is committed or in which the child was placed. In accordance | 19652 |
| with division (C) of this section, the director or the chief | 19653 |
| administrative officer shall cause the DNA specimen to be | 19654 |
| forwarded to the bureau of criminal identification and | 19655 |
| investigation no later than fifteen days after the date of the | 19656 |
| collection of the DNA specimen. The DNA specimen shall be | 19657 |
| collected in accordance with division (C) of this section. | 19658 |
| (C) If the DNA specimen is collected by withdrawing blood | 19659 |
| from the child or a similarly invasive procedure, a physician, | 19660 |
| registered nurse, licensed practical nurse, duly licensed clinical | 19661 |
| laboratory technician, or other qualified medical practitioner | 19662 |
| shall collect in a medically approved manner the DNA specimen | 19663 |
| required to be collected pursuant to division (B) of this section. | 19664 |
| If the DNA specimen is collected by swabbing for buccal cells or a | 19665 |
| similarly noninvasive procedure, this section does not require | 19666 |
| that the DNA specimen be collected by a qualified medical | 19667 |
| practitioner of that nature. No later than fifteen days after the | 19668 |
| date of the collection of the DNA specimen, the director of youth | 19669 |
| services or the chief administrative officer of the detention | 19670 |
| facility, district detention facility, school, camp, institution, | 19671 |
| or other facility for delinquent children to which the child is | 19672 |
| committed or in which the child was placed shall cause the DNA | 19673 |
| specimen to be forwarded to the bureau of criminal identification | 19674 |
| and investigation in accordance with procedures established by the | 19675 |
| superintendent of the bureau under division (H) of section 109.573 | 19676 |
| of the Revised Code. The bureau shall provide the specimen vials, | 19677 |
| mailing tubes, labels, postage, and instruction needed for the | 19678 |
| collection and forwarding of the DNA specimen to the bureau. | 19679 |
| (D) The director of youth services and the chief | 19680 |
| administrative officer of a detention facility, district detention | 19681 |
| facility, school, camp, institution, or other facility for | 19682 |
| delinquent children shall cause a DNA specimen to be collected in | 19683 |
| accordance with divisions (B) and (C) of this section from each | 19684 |
| child in its custody who is adjudicated a delinquent child for | 19685 |
| committing any of the following acts: | 19686 |
| (1) A violation of section 2903.01, 2903.02, 2903.11, | 19687 |
| 2905.01, 2907.02, 2907.03, 2907.05, 2911.01, 2911.02, 2911.11, or | 19688 |
| 2911.12 of the Revised Code; | 19689 |
| (2) A violation of section 2907.12 of the Revised Code as it | 19690 |
| existed prior to September 3, 1996; | 19691 |
| (3) An attempt to commit a violation of section 2903.01, | 19692 |
| 2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or to | 19693 |
| commit a violation of section 2907.12 of the Revised Code as it | 19694 |
| existed prior to September 3, 1996; | 19695 |
| (4) A violation of any law that arose out of the same facts | 19696 |
| and circumstances and same act as did a charge against the child | 19697 |
| of a violation of section 2903.01, 2903.02, 2905.01, 2907.02, | 19698 |
| 2907.03, 2907.05, or 2911.11 of the Revised Code that previously | 19699 |
| was dismissed or amended or as did a charge against the child of a | 19700 |
| violation of section 2907.12 of the Revised Code as it existed | 19701 |
| prior to September 3, 1996, that previously was dismissed or | 19702 |
| amended; | 19703 |
| (5) A violation of section 2905.02 or 2919.23 of the Revised | 19704 |
| Code that would have been a violation of section 2905.04 of the | 19705 |
| Revised Code as it existed prior to July 1, 1996, had the | 19706 |
| violation been committed prior to that date; | 19707 |
| (6) A felony violation of any law that arose out of the same | 19708 |
| facts and circumstances and same act as did a charge against the | 19709 |
| child of a violation of section 2903.11, 2911.01, 2911.02, or | 19710 |
| 2911.12 of the Revised Code that previously was dismissed or | 19711 |
| amended; | 19712 |
| (7) A violation of section 2923.01 of the Revised Code | 19713 |
| involving a conspiracy to commit a violation of section 2903.01, | 19714 |
| 2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the | 19715 |
| Revised Code; | 19716 |
| (8) A violation of section 2923.03 of the Revised Code | 19717 |
| involving complicity in committing a violation of section 2903.01, | 19718 |
| 2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, | 19719 |
| 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a | 19720 |
| violation of section 2907.12 of the Revised Code as it existed | 19721 |
| prior to September 3, 1996. | 19722 |
| (E) The director of youth services and the chief | 19723 |
| administrative officer of a detention facility, district detention | 19724 |
| facility, school, camp, institution, or other facility for | 19725 |
| delinquent children is not required to comply with this section in | 19726 |
| relation to the following acts until the superintendent of the | 19727 |
| bureau of criminal identification and investigation gives agencies | 19728 |
|
in the
juvenile
justice system, as
defined in section | 19729 |
| 5502.61 of the Revised Code, in the state official notification | 19730 |
| that the state DNA laboratory is prepared to accept DNA specimens | 19731 |
| of that nature: | 19732 |
| (1) A violation of section 2903.11, 2911.01, 2911.02, or | 19733 |
| 2911.12 of the Revised Code; | 19734 |
| (2) An attempt to commit a violation of section 2903.01 or | 19735 |
| 2903.02 of the Revised Code; | 19736 |
| (3) A felony violation of any law that arose out of the same | 19737 |
| facts and circumstances and same act as did a charge against the | 19738 |
| child of a violation of section 2903.11, 2911.01, 2911.02, or | 19739 |
| 2911.12 of the Revised Code that previously was dismissed or | 19740 |
| amended; | 19741 |
| (4) A violation of section 2923.01 of the Revised Code | 19742 |
| involving a conspiracy to commit a violation of section 2903.01, | 19743 |
| 2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the | 19744 |
| Revised Code; | 19745 |
| (5) A violation of section 2923.03 of the Revised Code | 19746 |
| involving complicity in committing a violation of section 2903.01, | 19747 |
| 2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, | 19748 |
| 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a | 19749 |
| violation of section 2907.12 of the Revised Code as it existed | 19750 |
| prior to September 3, 1996. | 19751 |
| Sec. 2303.201. (A)(1) The court of common pleas of any | 19752 |
| county may determine that for the efficient operation of the court | 19753 |
| additional funds are required to computerize the court, to make | 19754 |
| available computerized legal research services, or to do both. | 19755 |
| Upon making a determination that additional funds are required for | 19756 |
| either or both of those purposes, the court shall authorize and | 19757 |
| direct the clerk of the court of common pleas to charge one | 19758 |
| additional fee, not to exceed three dollars, on the filing of each | 19759 |
| cause of action or appeal under divisions (A), (Q), and (U) of | 19760 |
| section 2303.20 of the Revised Code. | 19761 |
| (2) All fees collected under division (A)(1) of this section | 19762 |
| shall be paid to the county treasurer. The treasurer shall place | 19763 |
| the funds from the fees in a separate fund to be disbursed, upon | 19764 |
| an order of the court, in an amount not greater than the actual | 19765 |
| cost to the court of procuring and maintaining computerization of | 19766 |
| the court, computerized legal research services, or both. | 19767 |
| (3) If the court determines that the funds in the fund | 19768 |
| described in division (A)(2) of this section are more than | 19769 |
| sufficient to satisfy the purpose for which the additional fee | 19770 |
| described in division (A)(1) of this section was imposed, the | 19771 |
| court may declare a surplus in the fund and expend those surplus | 19772 |
| funds for other appropriate technological expenses of the court. | 19773 |
| (B)(1) The court of common pleas of any county may determine | 19774 |
| that, for the efficient operation of the court, additional funds | 19775 |
| are required to computerize the office of the clerk of the court | 19776 |
| of common pleas and, upon that determination, authorize and direct | 19777 |
| the clerk of the court of common pleas to charge an additional | 19778 |
| fee, not to exceed ten dollars, on the filing of each cause of | 19779 |
| action or appeal, on the filing, docketing, and endorsing of each | 19780 |
| certificate of judgment, or on the docketing and indexing of each | 19781 |
| aid in execution or petition to vacate, revive, or modify a | 19782 |
| judgment under divisions (A), (P), (Q), (T), and (U) of section | 19783 |
| 2303.20 of the Revised Code. Subject to division (B)(2) of this | 19784 |
| section, all moneys collected under division (B)(1) of this | 19785 |
| section shall be paid to the county treasurer to be disbursed, | 19786 |
| upon an order of the court of common pleas and subject to | 19787 |
| appropriation by the board of county commissioners, in an amount | 19788 |
| no greater than the actual cost to the court of procuring and | 19789 |
| maintaining computer systems for the office of the clerk of the | 19790 |
| court of common pleas. | 19791 |
| (2) If the court of common pleas of a county makes the | 19792 |
| determination described in division (B)(1) of this section, the | 19793 |
| board of county commissioners of that county may issue one or more | 19794 |
| general obligation bonds for the purpose of procuring and | 19795 |
| maintaining the computer systems for the office of the clerk of | 19796 |
| the court of common pleas. In addition to the purposes stated in | 19797 |
| division (B)(1) of this section for which the moneys collected | 19798 |
| under that division may be expended, the moneys additionally may | 19799 |
| be expended to pay debt charges on and financing costs related to | 19800 |
| any general obligation bonds issued pursuant to division (B)(2) of | 19801 |
| this section as they become due. General obligation bonds issued | 19802 |
| pursuant to division (B)(2) of this section are Chapter 133. | 19803 |
| securities. | 19804 |
| (C) The court of common pleas shall collect the sum of | 19805 |
| 19806 | |
| civil action or proceeding for the charitable public purpose of | 19807 |
| providing financial assistance to legal aid societies that operate | 19808 |
| within the state. This division does not apply to proceedings | 19809 |
| concerning annulments, dissolutions of marriage, divorces, legal | 19810 |
| separation, spousal support, marital property or separate property | 19811 |
| distribution, support, or other domestic relations matters; to a | 19812 |
| juvenile division of a court of common pleas; to a probate | 19813 |
| division of a court of common pleas, except that the additional | 19814 |
|
filing fees
shall apply to name change, guardianship, | 19815 |
| adoption, and decedents' estate proceedings; or to an execution on | 19816 |
| a judgment, proceeding in aid of execution, or other post-judgment | 19817 |
| proceeding arising out of a civil action. The filing fees required | 19818 |
| to be collected under this division shall be in addition to any | 19819 |
| other filing fees imposed in the action or proceeding and shall be | 19820 |
| collected at the time of the filing of the action or proceeding. | 19821 |
| The court shall not waive the payment of the additional filing | 19822 |
| fees in a new civil action or proceeding unless the court waives | 19823 |
| the advanced payment of all filing fees in the action or | 19824 |
| proceeding. All such moneys collected during a month shall be | 19825 |
| transmitted on or before the twentieth day of the following month | 19826 |
| by the clerk of the court to the treasurer of state in a manner | 19827 |
| prescribed by the treasurer of state or by the Ohio legal | 19828 |
| assistance foundation. The
| 19829 |
| treasurer of state shall deposit four per cent of the funds | 19830 |
| collected under this division to the credit of the civil case | 19831 |
| filing fee fund established under section 120.07 of the Revised | 19832 |
| Code and ninety-six per cent of the funds collected under this | 19833 |
| division to the credit of the legal aid fund established under | 19834 |
| section 120.52 of the Revised Code. | 19835 |
| The court may retain up to one per cent of the moneys it | 19836 |
| collects under this division to cover administrative costs, | 19837 |
| including the hiring of any additional personnel necessary to | 19838 |
| implement this division. | 19839 |
| (D) On and after the thirtieth day after December 9, 1994, | 19840 |
| the court of common pleas shall collect the sum of thirty-two | 19841 |
| dollars as additional filing fees in each new action or proceeding | 19842 |
| for annulment, divorce, or dissolution of marriage for the purpose | 19843 |
| of funding shelters for victims of domestic violence pursuant to | 19844 |
| sections 3113.35 to 3113.39 of the Revised Code. The filing fees | 19845 |
| required to be collected under this division shall be in addition | 19846 |
| to any other filing fees imposed in the action or proceeding and | 19847 |
| shall be collected at the time of the filing of the action or | 19848 |
| proceeding. The court shall not waive the payment of the | 19849 |
| additional filing fees in a new action or proceeding for | 19850 |
| annulment, divorce, or dissolution of marriage unless the court | 19851 |
| waives the advanced payment of all filing fees in the action or | 19852 |
| proceeding. On or before the twentieth day of each month, all | 19853 |
| moneys collected during the immediately preceding month pursuant | 19854 |
| to this division shall be deposited by the clerk of the court into | 19855 |
| the county treasury in the special fund used for deposit of | 19856 |
| additional marriage license fees as described in section 3113.34 | 19857 |
| of the Revised Code. Upon their deposit into the fund, the moneys | 19858 |
| shall be retained in the fund and expended only as described in | 19859 |
| section 3113.34 of the Revised Code. | 19860 |
| (E)(1) The court of common pleas may determine that, for the | 19861 |
| efficient operation of the court, additional funds are necessary | 19862 |
| to acquire and pay for special projects of the court, including, | 19863 |
| but not limited to, the acquisition of additional facilities or | 19864 |
| the rehabilitation of existing facilities, the acquisition of | 19865 |
| equipment, the hiring and training of staff, community service | 19866 |
| programs, mediation or dispute resolution services, the employment | 19867 |
| of magistrates, the training and education of judges, acting | 19868 |
| judges, and magistrates, and other related services. Upon that | 19869 |
| determination, the court by rule may charge a fee, in addition to | 19870 |
| all other court costs, on the filing of each criminal cause, civil | 19871 |
| action or proceeding, or judgment by confession. | 19872 |
| If the court of common pleas offers a special program or | 19873 |
| service in cases of a specific type, the court by rule may assess | 19874 |
| an additional charge in a case of that type, over and above court | 19875 |
| costs, to cover the special program or service. The court shall | 19876 |
| adjust the special assessment periodically, but not retroactively, | 19877 |
| so that the amount assessed in those cases does not exceed the | 19878 |
| actual cost of providing the service or program. | 19879 |
| All moneys collected under division (E) of this section shall | 19880 |
| be paid to the county treasurer for deposit into either a general | 19881 |
| special projects fund or a fund established for a specific special | 19882 |
| project. Moneys from a fund of that nature shall be disbursed upon | 19883 |
| an order of the court in an amount no greater than the actual cost | 19884 |
| to the court of a project. If a specific fund is terminated | 19885 |
| because of the discontinuance of a program or service established | 19886 |
| under division (E) of this section, the court may order that | 19887 |
| moneys remaining in the fund be transferred to an account | 19888 |
| established under this division for a similar purpose. | 19889 |
| (2) As used in division (E) of this section: | 19890 |
| (a) "Criminal cause" means a charge alleging the violation of | 19891 |
| a statute or ordinance, or subsection of a statute or ordinance, | 19892 |
| that requires a separate finding of fact or a separate plea before | 19893 |
| disposition and of which the defendant may be found guilty, | 19894 |
| whether filed as part of a multiple charge on a single summons, | 19895 |
| citation, or complaint or as a separate charge on a single | 19896 |
| summons, citation, or complaint. "Criminal cause" does not include | 19897 |
| separate violations of the same statute or ordinance, or | 19898 |
| subsection of the same statute or ordinance, unless each charge is | 19899 |
| filed on a separate summons, citation, or complaint. | 19900 |
| (b) "Civil action or proceeding" means any civil litigation | 19901 |
| that must be determined by judgment entry. | 19902 |
| Sec. 2305.234. (A) As used in this section: | 19903 |
| (1) "Chiropractic claim," "medical claim," and "optometric | 19904 |
| claim" have the same meanings as in section 2305.113 of the | 19905 |
| Revised Code. | 19906 |
| (2) "Dental claim" has the same meaning as in section | 19907 |
| 2305.113 of the Revised Code, except that it does not include any | 19908 |
| claim arising out of a dental operation or any derivative claim | 19909 |
| for relief that arises out of a dental operation. | 19910 |
| (3) "Governmental health care program" has the same meaning | 19911 |
| as in section 4731.65 of the Revised Code. | 19912 |
| (4) "Health care facility or location" means a hospital, | 19913 |
| clinic, ambulatory surgical facility, office of a health care | 19914 |
| professional or associated group of health care professionals, | 19915 |
| training institution for health care professionals, or any other | 19916 |
| place where medical, dental, or other health-related diagnosis, | 19917 |
| care, or treatment is provided to a person. | 19918 |
| (5) "Health care professional" means any of the following who | 19919 |
| provide medical, dental, or other health-related diagnosis, care, | 19920 |
| or treatment: | 19921 |
| (a) Physicians authorized under Chapter 4731. of the Revised | 19922 |
| Code to practice medicine and surgery or osteopathic medicine and | 19923 |
| surgery; | 19924 |
| (b) Registered nurses and licensed practical nurses licensed | 19925 |
| under Chapter 4723. of the Revised Code and individuals who hold a | 19926 |
| certificate of authority issued under that chapter that authorizes | 19927 |
| the practice of nursing as a certified registered nurse | 19928 |
| anesthetist, clinical nurse specialist, certified nurse-midwife, | 19929 |
| or certified nurse practitioner; | 19930 |
| (c) Physician assistants authorized to practice under Chapter | 19931 |
| 4730. of the Revised Code; | 19932 |
| (d) Dentists and dental hygienists licensed under Chapter | 19933 |
| 4715. of the Revised Code; | 19934 |
| (e) Physical therapists, physical therapist assistants, | 19935 |
| occupational therapists, and occupational therapy assistants | 19936 |
| licensed under Chapter 4755. of the Revised Code; | 19937 |
| (f) Chiropractors licensed under Chapter 4734. of the Revised | 19938 |
| Code; | 19939 |
| (g) Optometrists licensed under Chapter 4725. of the Revised | 19940 |
| Code; | 19941 |
| (h) Podiatrists authorized under Chapter 4731. of the Revised | 19942 |
| Code to practice podiatry; | 19943 |
| (i) Dietitians licensed under Chapter 4759. of the Revised | 19944 |
| Code; | 19945 |
| (j) Pharmacists licensed under Chapter 4729. of the Revised | 19946 |
| Code; | 19947 |
| (k) Emergency medical technicians-basic, emergency medical | 19948 |
| technicians-intermediate, and emergency medical | 19949 |
| technicians-paramedic, certified under Chapter 4765. of the | 19950 |
| Revised Code; | 19951 |
| (l) Respiratory care professionals licensed under Chapter | 19952 |
| 4761. of the Revised Code; | 19953 |
| (m) Speech-language pathologists and audiologists licensed | 19954 |
| under Chapter 4753. of the Revised Code. | 19955 |
| (6) "Health care worker" means a person other than a health | 19956 |
| care professional who provides medical, dental, or other | 19957 |
| health-related care or treatment under the direction of a health | 19958 |
| care professional with the authority to direct that individual's | 19959 |
| activities, including medical technicians, medical assistants, | 19960 |
| dental assistants, orderlies, aides, and individuals acting in | 19961 |
| similar capacities. | 19962 |
| (7) "Indigent and uninsured person" means a person who meets | 19963 |
| all of the following requirements: | 19964 |
| (a) The person's income is not greater than two hundred per | 19965 |
| cent of the current poverty line as defined by the United States | 19966 |
| office of management and budget and revised in accordance with | 19967 |
| section 673(2) of the "Omnibus Budget Reconciliation Act of 1981," | 19968 |
| 95 Stat. 511, 42 U.S.C. 9902, as amended. | 19969 |
| (b) The person is not eligible to receive medical assistance | 19970 |
|
under Chapter
5111. | 19971 |
| 19972 | |
| governmental health care program. | 19973 |
| (c) Either of the following applies: | 19974 |
| (i) The person is not a policyholder, certificate holder, | 19975 |
| insured, contract holder, subscriber, enrollee, member, | 19976 |
| beneficiary, or other covered individual under a health insurance | 19977 |
| or health care policy, contract, or plan. | 19978 |
| (ii) The person is a policyholder, certificate holder, | 19979 |
| insured, contract holder, subscriber, enrollee, member, | 19980 |
| beneficiary, or other covered individual under a health insurance | 19981 |
| or health care policy, contract, or plan, but the insurer, policy, | 19982 |
| contract, or plan denies coverage or is the subject of insolvency | 19983 |
| or bankruptcy proceedings in any jurisdiction. | 19984 |
| (8) "Nonprofit health care referral organization" means an | 19985 |
| entity that is not operated for profit and refers patients to, or | 19986 |
| arranges for the provision of, health-related diagnosis, care, or | 19987 |
| treatment by a health care professional or health care worker. | 19988 |
| (9) "Operation" means any procedure that involves cutting or | 19989 |
| otherwise infiltrating human tissue by mechanical means, including | 19990 |
| surgery, laser surgery, ionizing radiation, therapeutic | 19991 |
| ultrasound, or the removal of intraocular foreign bodies. | 19992 |
| "Operation" does not include the administration of medication by | 19993 |
| injection, unless the injection is administered in conjunction | 19994 |
| with a procedure infiltrating human tissue by mechanical means | 19995 |
| other than the administration of medicine by injection. | 19996 |
| "Operation" does not include routine dental restorative | 19997 |
| procedures, the scaling of teeth, or extractions of teeth that are | 19998 |
| not impacted. | 19999 |
| (10) "Tort action" means a civil action for damages for | 20000 |
| injury, death, or loss to person or property other than a civil | 20001 |
| action for damages for a breach of contract or another agreement | 20002 |
| between persons or government entities. | 20003 |
| (11) "Volunteer" means an individual who provides any | 20004 |
| medical, dental, or other health-care related diagnosis, care, or | 20005 |
| treatment without the expectation of receiving and without receipt | 20006 |
| of any compensation or other form of remuneration from an indigent | 20007 |
| and uninsured person, another person on behalf of an indigent and | 20008 |
| uninsured person, any health care facility or location, any | 20009 |
| nonprofit health care referral organization, or any other person | 20010 |
| or government entity. | 20011 |
| (12) "Community control sanction" has the same meaning as in | 20012 |
| section 2929.01 of the Revised Code. | 20013 |
| (13) "Deep sedation" means a drug-induced depression of | 20014 |
| consciousness during which a patient cannot be easily aroused but | 20015 |
| responds purposefully following repeated or painful stimulation, a | 20016 |
| patient's ability to independently maintain ventilatory function | 20017 |
| may be impaired, a patient may require assistance in maintaining a | 20018 |
| patent airway and spontaneous ventilation may be inadequate, and | 20019 |
| cardiovascular function is usually maintained. | 20020 |
| (14) "General anesthesia" means a drug-induced loss of | 20021 |
| consciousness during which a patient is not arousable, even by | 20022 |
| painful stimulation, the ability to independently maintain | 20023 |
| ventilatory function is often impaired, a patient often requires | 20024 |
| assistance in maintaining a patent airway, positive pressure | 20025 |
| ventilation may be required because of depressed spontaneous | 20026 |
| ventilation or drug-induced depression of neuromuscular function, | 20027 |
| and cardiovascular function may be impaired. | 20028 |
| (B)(1) Subject to divisions (F) and (G)(3) of this section, a | 20029 |
| health care professional who is a volunteer and complies with | 20030 |
| division (B)(2) of this section is not liable in damages to any | 20031 |
| person or government entity in a tort or other civil action, | 20032 |
| including an action on a medical, dental, chiropractic, | 20033 |
| optometric, or other health-related claim, for injury, death, or | 20034 |
| loss to person or property that allegedly arises from an action or | 20035 |
| omission of the volunteer in the provision to an indigent and | 20036 |
| uninsured person of medical, dental, or other health-related | 20037 |
| diagnosis, care, or treatment, including the provision of samples | 20038 |
| of medicine and other medical products, unless the action or | 20039 |
| omission constitutes willful or wanton misconduct. | 20040 |
| (2) To qualify for the immunity described in division (B)(1) | 20041 |
| of this section, a health care professional shall do all of the | 20042 |
| following prior to providing diagnosis, care, or treatment: | 20043 |
| (a) Determine, in good faith, that the indigent and uninsured | 20044 |
| person is mentally capable of giving informed consent to the | 20045 |
| provision of the diagnosis, care, or treatment and is not subject | 20046 |
| to duress or under undue influence; | 20047 |
| (b) Inform the person of the provisions of this section, | 20048 |
| including notifying the person that, by giving informed consent to | 20049 |
| the provision of the diagnosis, care, or treatment, the person | 20050 |
| cannot hold the health care professional liable for damages in a | 20051 |
| tort or other civil action, including an action on a medical, | 20052 |
| dental, chiropractic, optometric, or other health-related claim, | 20053 |
| unless the action or omission of the health care professional | 20054 |
| constitutes willful or wanton misconduct; | 20055 |
| (c) Obtain the informed consent of the person and a written | 20056 |
| waiver, signed by the person or by another individual on behalf of | 20057 |
| and in the presence of the person, that states that the person is | 20058 |
| mentally competent to give informed consent and, without being | 20059 |
| subject to duress or under undue influence, gives informed consent | 20060 |
| to the provision of the diagnosis, care, or treatment subject to | 20061 |
| the provisions of this section. A written waiver under division | 20062 |
| (B)(2)(c) of this section shall state clearly and in conspicuous | 20063 |
| type that the person or other individual who signs the waiver is | 20064 |
| signing it with full knowledge that, by giving informed consent to | 20065 |
| the provision of the diagnosis, care, or treatment, the person | 20066 |
| cannot bring a tort or other civil action, including an action on | 20067 |
| a medical, dental, chiropractic, optometric, or other | 20068 |
| health-related claim, against the health care professional unless | 20069 |
| the action or omission of the health care professional constitutes | 20070 |
| willful or wanton misconduct. | 20071 |
| (3) A physician or podiatrist who is not covered by medical | 20072 |
| malpractice insurance, but complies with division (B)(2) of this | 20073 |
| section, is not required to comply with division (A) of section | 20074 |
| 4731.143 of the Revised Code. | 20075 |
| (C) Subject to divisions (F) and (G)(3) of this section, | 20076 |
| health care workers who are volunteers are not liable in damages | 20077 |
| to any person or government entity in a tort or other civil | 20078 |
| action, including an action upon a medical, dental, chiropractic, | 20079 |
| optometric, or other health-related claim, for injury, death, or | 20080 |
| loss to person or property that allegedly arises from an action or | 20081 |
| omission of the health care worker in the provision to an indigent | 20082 |
| and uninsured person of medical, dental, or other health-related | 20083 |
| diagnosis, care, or treatment, unless the action or omission | 20084 |
| constitutes willful or wanton misconduct. | 20085 |
| (D) Subject to divisions (F) and (G)(3) of this section, a | 20086 |
| nonprofit health care referral organization is not liable in | 20087 |
| damages to any person or government entity in a tort or other | 20088 |
| civil action, including an action on a medical, dental, | 20089 |
| chiropractic, optometric, or other health-related claim, for | 20090 |
| injury, death, or loss to person or property that allegedly arises | 20091 |
| from an action or omission of the nonprofit health care referral | 20092 |
| organization in referring indigent and uninsured persons to, or | 20093 |
| arranging for the provision of, medical, dental, or other | 20094 |
| health-related diagnosis, care, or treatment by a health care | 20095 |
| professional described in division (B)(1) of this section or a | 20096 |
| health care worker described in division (C) of this section, | 20097 |
| unless the action or omission constitutes willful or wanton | 20098 |
| misconduct. | 20099 |
| (E) Subject to divisions (F) and (G)(3) of this section and | 20100 |
| to the extent that the registration requirements of section | 20101 |
| 3701.071 of the Revised Code apply, a health care facility or | 20102 |
| location associated with a health care professional described in | 20103 |
| division (B)(1) of this section, a health care worker described in | 20104 |
| division (C) of this section, or a nonprofit health care referral | 20105 |
| organization described in division (D) of this section is not | 20106 |
| liable in damages to any person or government entity in a tort or | 20107 |
| other civil action, including an action on a medical, dental, | 20108 |
| chiropractic, optometric, or other health-related claim, for | 20109 |
| injury, death, or loss to person or property that allegedly arises | 20110 |
| from an action or omission of the health care professional or | 20111 |
| worker or nonprofit health care referral organization relative to | 20112 |
| the medical, dental, or other health-related diagnosis, care, or | 20113 |
| treatment provided to an indigent and uninsured person on behalf | 20114 |
| of or at the health care facility or location, unless the action | 20115 |
| or omission constitutes willful or wanton misconduct. | 20116 |
| (F)(1) Except as provided in division (F)(2) of this section, | 20117 |
| the immunities provided by divisions (B), (C), (D), and (E) of | 20118 |
| this section are not available to a health care professional, | 20119 |
| health care worker, nonprofit health care referral organization, | 20120 |
| or health care facility or location if, at the time of an alleged | 20121 |
| injury, death, or loss to person or property, the health care | 20122 |
| professionals or health care workers involved are providing one of | 20123 |
| the following: | 20124 |
| (a) Any medical, dental, or other health-related diagnosis, | 20125 |
| care, or treatment pursuant to a community service work order | 20126 |
| entered by a court under division (B) of section 2951.02 of the | 20127 |
| Revised Code or imposed by a court as a community control | 20128 |
| sanction; | 20129 |
| (b) Performance of an operation to which any one of the | 20130 |
| following applies: | 20131 |
| (i) The operation requires the administration of deep | 20132 |
| sedation or general anesthesia. | 20133 |
| (ii) The operation is a procedure that is not typically | 20134 |
| performed in an office. | 20135 |
| (iii) The individual involved is a health care professional, | 20136 |
| and the operation is beyond the scope of practice or the | 20137 |
| education, training, and competence, as applicable, of the health | 20138 |
| care professional. | 20139 |
| (c) Delivery of a baby or any other purposeful termination of | 20140 |
| a human pregnancy. | 20141 |
| (2) Division (F)(1) of this section does not apply when a | 20142 |
| health care professional or health care worker provides medical, | 20143 |
| dental, or other health-related diagnosis, care, or treatment that | 20144 |
| is necessary to preserve the life of a person in a medical | 20145 |
| emergency. | 20146 |
| (G)(1) This section does not create a new cause of action or | 20147 |
| substantive legal right against a health care professional, health | 20148 |
| care worker, nonprofit health care referral organization, or | 20149 |
| health care facility or location. | 20150 |
| (2) This section does not affect any immunities from civil | 20151 |
| liability or defenses established by another section of the | 20152 |
| Revised Code or available at common law to which a health care | 20153 |
| professional, health care worker, nonprofit health care referral | 20154 |
| organization, or health care facility or location may be entitled | 20155 |
| in connection with the provision of emergency or other medical, | 20156 |
| dental, or other health-related diagnosis, care, or treatment. | 20157 |
| (3) This section does not grant an immunity from tort or | 20158 |
| other civil liability to a health care professional, health care | 20159 |
| worker, nonprofit health care referral organization, or health | 20160 |
| care facility or location for actions that are outside the scope | 20161 |
| of authority of health care professionals or health care workers. | 20162 |
| (4) This section does not affect any legal responsibility of | 20163 |
| a health care professional, health care worker, or nonprofit | 20164 |
| health care referral organization to comply with any applicable | 20165 |
| law of this state or rule of an agency of this state. | 20166 |
| (5) This section does not affect any legal responsibility of | 20167 |
| a health care facility or location to comply with any applicable | 20168 |
| law of this state, rule of an agency of this state, or local code, | 20169 |
| ordinance, or regulation that pertains to or regulates building, | 20170 |
| housing, air pollution, water pollution, sanitation, health, fire, | 20171 |
| zoning, or safety. | 20172 |
| Sec. 2305.2341. (A) The medical liability insurance | 20173 |
| reimbursement program is hereby established. Free | 20174 |
| clini2305.2341cs, including the clinics' staff and volunteer | 20175 |
| health care professionals and volunteer health care workers, may | 20176 |
| participate in the medical liability insurance reimbursement | 20177 |
| program established by this section. The coverage provided under | 20178 |
| the program shall be limited to claims that arise out of the | 20179 |
| diagnosis, treatment, and care of patients of free clinics, as | 20180 |
| defined in division (D)(1) of this section. | 20181 |
| (B) A free clinic is eligible to receive reimbursement under | 20182 |
| the medical liability insurance reimbursement program for the | 20183 |
| premiums that the clinic pays for medical liability insurance | 20184 |
| coverage for the clinic, its staff, and volunteer health care | 20185 |
| professionals and health care workers. Free clinics shall register | 20186 |
| with the department of health by the thirty-first day of January | 20187 |
| of each year in order to participate in and to obtain | 20188 |
| reimbursement under the program. Free clinics shall provide all of | 20189 |
| the following to the department of health at the time of | 20190 |
| registration: | 20191 |
| (1) A statement of the number of volunteer and paid health | 20192 |
| care professionals and health care workers providing health care | 20193 |
| services at the free clinic at that time; | 20194 |
| (2) A statement of the number of health care services | 20195 |
| rendered by the free clinic during the previous fiscal year; | 20196 |
| (3) A signed form acknowledging that the free clinic agrees | 20197 |
| to follow its medical liability insurer's risk management and loss | 20198 |
| prevention policies; | 20199 |
| (4) A copy of the medical liability insurance policy | 20200 |
| purchased by the free clinic, or the policy's declaration page, | 20201 |
| and documentation of the premiums paid by the clinic. | 20202 |
| (C) The department of health shall reimburse free clinics | 20203 |
| participating in the professional liability insurance | 20204 |
| reimbursement program for eighty per cent of the premiums that the | 20205 |
| free clinic pays for medical liability insurance coverage up to | 20206 |
| twenty thousand dollars. Appropriations to the department of | 20207 |
| health may be made from the general fund of the state for this | 20208 |
| purpose. | 20209 |
| (D) As used in this section: | 20210 |
| (1) "Free clinic" means a nonprofit organization exempt from | 20211 |
| federal income taxation under section 501(c)(3) of the "Internal | 20212 |
| Revenue Code of 1986," as amended, or a program component of a | 20213 |
| nonprofit organization, whose primary mission is to provide health | 20214 |
| care services for free or for a minimal administrative fee to | 20215 |
| individuals with limited resources. A free clinic facilitates the | 20216 |
| delivery of health care services through the use of volunteer | 20217 |
| health care professionals and voluntary care networks. For this | 20218 |
| purpose, a free clinic shall comply with all of the following: | 20219 |
| (a) If a free clinic does request a minimal administrative | 20220 |
| fee, a free clinic shall not deny an individual access to its | 20221 |
| health care services based on an individual's ability to pay the | 20222 |
| fee. | 20223 |
| (b) A free clinic shall not bill a patient for health care | 20224 |
| services rendered. | 20225 |
| (c) Free clinics shall not perform operations, as defined by | 20226 |
| divisions (A)(9) and (F)(1)(b) of section 2305.234 of the Revised | 20227 |
| Code. | 20228 |
| A clinic is not a free clinic if the clinic bills medicaid, | 20229 |
| medicare, or other third-party payers for health care services | 20230 |
| rendered at the clinic, and receives twenty-five per cent or more | 20231 |
| of the clinic's annual revenue from the third-party payments. | 20232 |
| (2) "Health care professional" and "health care worker" have | 20233 |
| the same meanings as in section 2305.234 of the Revised Code. | 20234 |
| Sec. 2307.65. (A) The attorney general may bring a civil | 20235 |
| action in the Franklin county court of common pleas on behalf of | 20236 |
| the department of job and family services, and the prosecuting | 20237 |
| attorney of the county in which a violation of division (B) of | 20238 |
| section 2913.401 of the Revised Code occurs may bring a civil | 20239 |
| action in the court of common pleas of that county on behalf of | 20240 |
| the county department of job and family services, against a person | 20241 |
| who violates division (B) of section 2913.401 of the Revised Code | 20242 |
| for the recovery of the amount of benefits paid on behalf of a | 20243 |
| person that either department would not have paid but for the | 20244 |
| violation minus any amounts paid in restitution under division | 20245 |
| (C)(2) of section 2913.401 of the Revised Code and for reasonable | 20246 |
| attorney's fees and all other fees and costs of litigation. | 20247 |
| (B) In a civil action brought under division (A) of this | 20248 |
| section, if the defendant failed to disclose a transfer of | 20249 |
| property in violation of division (B)(3) of section 2913.401 of | 20250 |
| the Revised Code, the court may also grant any of the following | 20251 |
| relief to the extent permitted by 42 U.S.C. 1396p: | 20252 |
| (1) Avoidance of the transfer of property that was not | 20253 |
| disclosed in violation of division (B)(3) of section 2913.401 of | 20254 |
| the Revised Code to the extent of the amount of benefits the | 20255 |
| department would not have paid but for the violation; | 20256 |
| (2) An order of attachment or garnishment against the | 20257 |
| property in accordance with Chapter 2715. or 2716. of the Revised | 20258 |
| Code; | 20259 |
| (3) An injunction against any further disposition by the | 20260 |
| transferor or transferee, or both, of the property the transfer of | 20261 |
| which was not disclosed in violation of division (B)(3) of section | 20262 |
| 2913.401 of the Revised Code or against the disposition of other | 20263 |
| property by the transferor or transferee; | 20264 |
| (4) Appointment of a receiver to take charge of the property | 20265 |
| transferred or of other property of the transferee; | 20266 |
| (5) Any other relief that the court considers just and | 20267 |
| equitable. | 20268 |
| (C) To the extent permitted by 42 U.S.C. 1396p, the | 20269 |
| department of job and family services or the county department of | 20270 |
| job and family services may enforce a judgment obtained under this | 20271 |
| section by levying on property the transfer of which was not | 20272 |
| disclosed in violation of division (B)(3) of section 2913.401 of | 20273 |
| the Revised Code or on the proceeds of the transfer of that | 20274 |
| property in accordance with Chapter 2329. of the Revised Code. | 20275 |
| (D) The remedies provided in divisions (B) and (C) of this | 20276 |
| section do not apply if the transferee of the property the | 20277 |
| transfer of which was not disclosed in violation of division | 20278 |
| (B)(3) of section 2913.401 of the Revised Code acquired the | 20279 |
| property in good faith and for fair market value. | 20280 |
| (E) The remedies provided in this section are not exclusive | 20281 |
| and do not preclude the use of any other criminal or civil remedy | 20282 |
| for any act that is in violation of section 2913.401 of the | 20283 |
| Revised Code. | 20284 |
| (F) Amounts of medicaid benefits paid and recovered in an | 20285 |
| action brought under this section shall be credited to the general | 20286 |
| revenue fund, and any applicable federal share shall be returned | 20287 |
| to the appropriate agency or department of the United States. | 20288 |
| Sec. 2329.66. (A) Every person who is domiciled in this | 20289 |
| state may hold property exempt from execution, garnishment, | 20290 |
| attachment, or sale to satisfy a judgment or order, as follows: | 20291 |
| (1)(a) In the case of a judgment or order regarding money | 20292 |
| owed for health care services rendered or health care supplies | 20293 |
| provided to the person or a dependent of the person, one parcel or | 20294 |
| item of real or personal property that the person or a dependent | 20295 |
| of the person uses as a residence. Division (A)(1)(a) of this | 20296 |
| section does not preclude, affect, or invalidate the creation | 20297 |
| under this chapter of a judgment lien upon the exempted property | 20298 |
| but only delays the enforcement of the lien until the property is | 20299 |
| sold or otherwise transferred by the owner or in accordance with | 20300 |
| other applicable laws to a person or entity other than the | 20301 |
| surviving spouse or surviving minor children of the judgment | 20302 |
| debtor. Every person who is domiciled in this state may hold | 20303 |
| exempt from a judgment lien created pursuant to division (A)(1)(a) | 20304 |
| of this section the person's interest, not to exceed five thousand | 20305 |
| dollars, in the exempted property. | 20306 |
| (b) In the case of all other judgments and orders, the | 20307 |
| person's interest, not to exceed five thousand dollars, in one | 20308 |
| parcel or item of real or personal property that the person or a | 20309 |
| dependent of the person uses as a residence. | 20310 |
| (2) The person's interest, not to exceed one thousand | 20311 |
| dollars, in one motor vehicle; | 20312 |
| (3) The person's interest, not to exceed two hundred dollars | 20313 |
| in any particular item, in wearing apparel, beds, and bedding, and | 20314 |
| the person's interest, not to exceed three hundred dollars in each | 20315 |
| item, in one cooking unit and one refrigerator or other food | 20316 |
| preservation unit; | 20317 |
| (4)(a) The person's interest, not to exceed four hundred | 20318 |
| dollars, in cash on hand, money due and payable, money to become | 20319 |
| due within ninety days, tax refunds, and money on deposit with a | 20320 |
| bank, savings and loan association, credit union, public utility, | 20321 |
| landlord, or other person. Division (A)(4)(a) of this section | 20322 |
| applies only in bankruptcy proceedings. This exemption may include | 20323 |
| the portion of personal earnings that is not exempt under division | 20324 |
| (A)(13) of this section. | 20325 |
| (b) Subject to division (A)(4)(d) of this section, the | 20326 |
| person's interest, not to exceed two hundred dollars in any | 20327 |
| particular item, in household furnishings, household goods, | 20328 |
| appliances, books, animals, crops, musical instruments, firearms, | 20329 |
| and hunting and fishing equipment, that are held primarily for the | 20330 |
| personal, family, or household use of the person; | 20331 |
| (c) Subject to division (A)(4)(d) of this section, the | 20332 |
| person's interest in one or more items of jewelry, not to exceed | 20333 |
| four hundred dollars in one item of jewelry and not to exceed two | 20334 |
| hundred dollars in every other item of jewelry; | 20335 |
| (d) Divisions (A)(4)(b) and (c) of this section do not | 20336 |
| include items of personal property listed in division (A)(3) of | 20337 |
| this section. | 20338 |
| If the person does not claim an exemption under division | 20339 |
| (A)(1) of this section, the total exemption claimed under division | 20340 |
| (A)(4)(b) of this section shall be added to the total exemption | 20341 |
| claimed under division (A)(4)(c) of this section, and the total | 20342 |
| shall not exceed two thousand dollars. If the person claims an | 20343 |
| exemption under division (A)(1) of this section, the total | 20344 |
| exemption claimed under division (A)(4)(b) of this section shall | 20345 |
| be added to the total exemption claimed under division (A)(4)(c) | 20346 |
| of this section, and the total shall not exceed one thousand five | 20347 |
| hundred dollars. | 20348 |
| (5) The person's interest, not to exceed an aggregate of | 20349 |
| seven hundred fifty dollars, in all implements, professional | 20350 |
| books, or tools of the person's profession, trade, or business, | 20351 |
| including agriculture; | 20352 |
| (6)(a) The person's interest in a beneficiary fund set apart, | 20353 |
| appropriated, or paid by a benevolent association or society, as | 20354 |
| exempted by section 2329.63 of the Revised Code; | 20355 |
| (b) The person's interest in contracts of life or endowment | 20356 |
| insurance or annuities, as exempted by section 3911.10 of the | 20357 |
| Revised Code; | 20358 |
| (c) The person's interest in a policy of group insurance or | 20359 |
| the proceeds of a policy of group insurance, as exempted by | 20360 |
| section 3917.05 of the Revised Code; | 20361 |
| (d) The person's interest in money, benefits, charity, | 20362 |
| relief, or aid to be paid, provided, or rendered by a fraternal | 20363 |
| benefit society, as exempted by section 3921.18 of the Revised | 20364 |
| Code; | 20365 |
| (e) The person's interest in the portion of benefits under | 20366 |
| policies of sickness and accident insurance and in lump sum | 20367 |
| payments for dismemberment and other losses insured under those | 20368 |
| policies, as exempted by section 3923.19 of the Revised Code. | 20369 |
| (7) The person's professionally prescribed or medically | 20370 |
| necessary health aids; | 20371 |
| (8) The person's interest in a burial lot, including, but not | 20372 |
| limited to, exemptions under section 517.09 or 1721.07 of the | 20373 |
| Revised Code; | 20374 |
| (9) The person's interest in the following: | 20375 |
| (a) Moneys paid or payable for living maintenance or rights, | 20376 |
| as exempted by section 3304.19 of the Revised Code; | 20377 |
| (b) Workers' compensation, as exempted by section 4123.67 of | 20378 |
| the Revised Code; | 20379 |
| (c) Unemployment compensation benefits, as exempted by | 20380 |
| section 4141.32 of the Revised Code; | 20381 |
| (d) Cash assistance payments under the Ohio works first | 20382 |
| program, as exempted by section 5107.75 of the Revised Code; | 20383 |
| (e) Benefits and services under the prevention, retention, | 20384 |
| and contingency program, as exempted by section 5108.08 of the | 20385 |
| Revised Code; | 20386 |
| (f) Disability financial assistance payments, as exempted by | 20387 |
| section 5115.06 of the Revised Code. | 20388 |
| (10)(a) Except in cases in which the person was convicted of | 20389 |
| or pleaded guilty to a violation of section 2921.41 of the Revised | 20390 |
| Code and in which an order for the withholding of restitution from | 20391 |
| payments was issued under division (C)(2)(b) of that section or in | 20392 |
| cases in which an order for withholding was issued under section | 20393 |
| 2907.15 of the Revised Code, and only to the extent provided in | 20394 |
| the order, and except as provided in sections 3105.171, 3105.63, | 20395 |
| 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the Revised | 20396 |
| Code, the person's right to a pension, benefit, annuity, | 20397 |
| retirement allowance, or accumulated contributions, the person's | 20398 |
| right to a participant account in any deferred compensation | 20399 |
| program offered by the Ohio public employees deferred compensation | 20400 |
| board, a government unit, or a municipal corporation, or the | 20401 |
| person's other accrued or accruing rights, as exempted by section | 20402 |
| 145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22 of | 20403 |
| the Revised Code, and the person's right to benefits from the Ohio | 20404 |
| public safety officers death benefit fund; | 20405 |
| (b) Except as provided in sections 3119.80, 3119.81, 3121.02, | 20406 |
| 3121.03, and 3123.06 of the Revised Code, the person's right to | 20407 |
| receive a payment under any pension, annuity, or similar plan or | 20408 |
| contract, not including a payment from a stock bonus or | 20409 |
| profit-sharing plan or a payment included in division (A)(6)(b) or | 20410 |
| (10)(a) of this section, on account of illness, disability, death, | 20411 |
| age, or length of service, to the extent reasonably necessary for | 20412 |
| the support of the person and any of the person's dependents, | 20413 |
| except if all the following apply: | 20414 |
| (i) The plan or contract was established by or under the | 20415 |
| auspices of an insider that employed the person at the time the | 20416 |
| person's rights under the plan or contract arose. | 20417 |
| (ii) The payment is on account of age or length of service. | 20418 |
| (iii) The plan or contract is not qualified under the | 20419 |
| "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as | 20420 |
| amended. | 20421 |
| (c) Except for any portion of the assets that were deposited | 20422 |
| for the purpose of evading the payment of any debt and except as | 20423 |
| provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and | 20424 |
| 3123.06 of the Revised Code, the person's right in the assets held | 20425 |
| in, or to receive any payment under, any individual retirement | 20426 |
| account, individual retirement annuity, "Roth IRA," or education | 20427 |
| individual retirement account that provides benefits by reason of | 20428 |
| illness, disability, death, or age, to the extent that the assets, | 20429 |
| payments, or benefits described in division (A)(10)(c) of this | 20430 |
| section are attributable to any of the following: | 20431 |
| (i) Contributions of the person that were less than or equal | 20432 |
| to the applicable limits on deductible contributions to an | 20433 |
| individual retirement account or individual retirement annuity in | 20434 |
| the year that the contributions were made, whether or not the | 20435 |
| person was eligible to deduct the contributions on the person's | 20436 |
| federal tax return for the year in which the contributions were | 20437 |
| made; | 20438 |
| (ii) Contributions of the person that were less than or equal | 20439 |
| to the applicable limits on contributions to a Roth IRA or | 20440 |
| education individual retirement account in the year that the | 20441 |
| contributions were made; | 20442 |
| (iii) Contributions of the person that are within the | 20443 |
| applicable limits on rollover contributions under subsections 219, | 20444 |
| 402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B), | 20445 |
| 408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986," | 20446 |
| 100 Stat. 2085, 26 U.S.C.A. 1, as amended. | 20447 |
| (d) Except for any portion of the assets that were deposited | 20448 |
| for the purpose of evading the payment of any debt and except as | 20449 |
| provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and | 20450 |
| 3123.06 of the Revised Code, the person's right in the assets held | 20451 |
| in, or to receive any payment under, any Keogh or "H.R. 10" plan | 20452 |
| that provides benefits by reason of illness, disability, death, or | 20453 |
| age, to the extent reasonably necessary for the support of the | 20454 |
| person and any of the person's dependents. | 20455 |
| (11) The person's right to receive spousal support, child | 20456 |
| support, an allowance, or other maintenance to the extent | 20457 |
| reasonably necessary for the support of the person and any of the | 20458 |
| person's dependents; | 20459 |
| (12) The person's right to receive, or moneys received during | 20460 |
| the preceding twelve calendar months from, any of the following: | 20461 |
| (a) An award of reparations under sections 2743.51 to 2743.72 | 20462 |
| of the Revised Code, to the extent exempted by division (D) of | 20463 |
| section 2743.66 of the Revised Code; | 20464 |
| (b) A payment on account of the wrongful death of an | 20465 |
| individual of whom the person was a dependent on the date of the | 20466 |
| individual's death, to the extent reasonably necessary for the | 20467 |
| support of the person and any of the person's dependents; | 20468 |
| (c) Except in cases in which the person who receives the | 20469 |
| payment is an inmate, as defined in section 2969.21 of the Revised | 20470 |
| Code, and in which the payment resulted from a civil action or | 20471 |
| appeal against a government entity or employee, as defined in | 20472 |
| section 2969.21 of the Revised Code, a payment, not to exceed five | 20473 |
| thousand dollars, on account of personal bodily injury, not | 20474 |
| including pain and suffering or compensation for actual pecuniary | 20475 |
| loss, of the person or an individual for whom the person is a | 20476 |
| dependent; | 20477 |
| (d) A payment in compensation for loss of future earnings of | 20478 |
| the person or an individual of whom the person is or was a | 20479 |
| dependent, to the extent reasonably necessary for the support of | 20480 |
| the debtor and any of the debtor's dependents. | 20481 |
| (13) Except as provided in sections 3119.80, 3119.81, | 20482 |
| 3121.02, 3121.03, and 3123.06 of the Revised Code, personal | 20483 |
| earnings of the person owed to the person for services in an | 20484 |
| amount equal to the greater of the following amounts: | 20485 |
| (a) If paid weekly, thirty times the current federal minimum | 20486 |
| hourly wage; if paid biweekly, sixty times the current federal | 20487 |
| minimum hourly wage; if paid semimonthly, sixty-five times the | 20488 |
| current federal minimum hourly wage; or if paid monthly, one | 20489 |
| hundred thirty times the current federal minimum hourly wage that | 20490 |
| is in effect at the time the earnings are payable, as prescribed | 20491 |
| by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29 | 20492 |
| U.S.C. 206(a)(1), as amended; | 20493 |
| (b) Seventy-five per cent of the disposable earnings owed to | 20494 |
| the person. | 20495 |
| (14) The person's right in specific partnership property, as | 20496 |
| exempted by division (B)(3) of section 1775.24 of the Revised | 20497 |
| Code; | 20498 |
| (15) A seal and official register of a notary public, as | 20499 |
| exempted by section 147.04 of the Revised Code; | 20500 |
| (16) The person's interest in a tuition | 20501 |
| payment under section 3334.09 of the Revised Code pursuant to a | 20502 |
| tuition
| 20503 |
| the Revised Code; | 20504 |
| (17) Any other property that is specifically exempted from | 20505 |
| execution, attachment, garnishment, or sale by federal statutes | 20506 |
| other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11 | 20507 |
| U.S.C.A. 101, as amended; | 20508 |
| (18) The person's interest, not to exceed four hundred | 20509 |
| dollars, in any property, except that division (A)(18) of this | 20510 |
| section applies only in bankruptcy proceedings. | 20511 |
| (B) As used in this section: | 20512 |
| (1) "Disposable earnings" means net earnings after the | 20513 |
| garnishee has made deductions required by law, excluding the | 20514 |
| deductions ordered pursuant to section 3119.80, 3119.81, 3121.02, | 20515 |
| 3121.03, or 3123.06 of the Revised Code. | 20516 |
| (2) "Insider" means: | 20517 |
| (a) If the person who claims an exemption is an individual, a | 20518 |
| relative of the individual, a relative of a general partner of the | 20519 |
| individual, a partnership in which the individual is a general | 20520 |
| partner, a general partner of the individual, or a corporation of | 20521 |
| which the individual is a director, officer, or in control; | 20522 |
| (b) If the person who claims an exemption is a corporation, a | 20523 |
| director or officer of the corporation; a person in control of the | 20524 |
| corporation; a partnership in which the corporation is a general | 20525 |
| partner; a general partner of the corporation; or a relative of a | 20526 |
| general partner, director, officer, or person in control of the | 20527 |
| corporation; | 20528 |
| (c) If the person who claims an exemption is a partnership, a | 20529 |
| general partner in the partnership; a general partner of the | 20530 |
| partnership; a person in control of the partnership; a partnership | 20531 |
| in which the partnership is a general partner; or a relative in, a | 20532 |
| general partner of, or a person in control of the partnership; | 20533 |
| (d) An entity or person to which or whom any of the following | 20534 |
| applies: | 20535 |
| (i) The entity directly or indirectly owns, controls, or | 20536 |
| holds with power to vote, twenty per cent or more of the | 20537 |
| outstanding voting securities of the person who claims an | 20538 |
| exemption, unless the entity holds the securities in a fiduciary | 20539 |
| or agency capacity without sole discretionary power to vote the | 20540 |
| securities or holds the securities solely to secure to debt and | 20541 |
| the entity has not in fact exercised the power to vote. | 20542 |
| (ii) The entity is a corporation, twenty per cent or more of | 20543 |
| whose outstanding voting securities are directly or indirectly | 20544 |
| owned, controlled, or held with power to vote, by the person who | 20545 |
| claims an exemption or by an entity to which division (B)(2)(d)(i) | 20546 |
| of this section applies. | 20547 |
| (iii) A person whose business is operated under a lease or | 20548 |
| operating agreement by the person who claims an exemption, or a | 20549 |
| person substantially all of whose business is operated under an | 20550 |
| operating agreement with the person who claims an exemption. | 20551 |
| (iv) The entity operates the business or all or substantially | 20552 |
| all of the property of the person who claims an exemption under a | 20553 |
| lease or operating agreement. | 20554 |
| (e) An insider, as otherwise defined in this section, of a | 20555 |
| person or entity to which division (B)(2)(d)(i), (ii), (iii), or | 20556 |
| (iv) of this section applies, as if the person or entity were a | 20557 |
| person who claims an exemption; | 20558 |
| (f) A managing agent of the person who claims an exemption. | 20559 |
| (3) "Participant account" has the same meaning as in section | 20560 |
| 148.01 of the Revised Code. | 20561 |
| (4) "Government unit" has the same meaning as in section | 20562 |
| 148.06 of the Revised Code. | 20563 |
| (C) For purposes of this section, "interest" shall be | 20564 |
| determined as follows: | 20565 |
| (1) In bankruptcy proceedings, as of the date a petition is | 20566 |
| filed with the bankruptcy court commencing a case under Title 11 | 20567 |
| of the United States Code; | 20568 |
| (2) In all cases other than bankruptcy proceedings, as of the | 20569 |
| date of an appraisal, if necessary under section 2329.68 of the | 20570 |
| Revised Code, or the issuance of a writ of execution. | 20571 |
| An interest, as determined under division (C)(1) or (2) of | 20572 |
| this section, shall not include the amount of any lien otherwise | 20573 |
| valid pursuant to section 2329.661 of the Revised Code. | 20574 |
| Sec. 2743.191. (A)(1) There is hereby created in the state | 20575 |
| treasury the reparations fund, which shall be used only for the | 20576 |
| following purposes: | 20577 |
| (a) The payment of awards of reparations that are granted by | 20578 |
| the attorney general; | 20579 |
| (b) The compensation of any personnel needed by the attorney | 20580 |
| general to administer sections 2743.51 to 2743.72 of the Revised | 20581 |
| Code; | 20582 |
| (c) The compensation of witnesses as provided in division (J) | 20583 |
| of section 2743.65 of the Revised Code; | 20584 |
| (d) Other administrative costs of hearing and determining | 20585 |
| claims for an award of reparations by the attorney general; | 20586 |
| (e) The costs of administering sections 2907.28 and 2969.01 | 20587 |
| to 2969.06 of the Revised Code; | 20588 |
| (f) The costs of investigation and decision-making as | 20589 |
| certified by the attorney general; | 20590 |
| (g) The provision of state financial assistance to victim | 20591 |
| assistance programs in accordance with sections 109.91 and 109.92 | 20592 |
| of the Revised Code; | 20593 |
| (h) The costs of paying the expenses of sex offense-related | 20594 |
| examinations and antibiotics pursuant to section 2907.28 of the | 20595 |
| Revised Code; | 20596 |
| (i) The cost of printing and distributing the pamphlet | 20597 |
| prepared by the attorney general pursuant to section 109.42 of the | 20598 |
| Revised Code; | 20599 |
| (j) Subject to division (D) of section 2743.71 of the Revised | 20600 |
| Code, the costs associated with the printing and providing of | 20601 |
| information cards or other printed materials to law enforcement | 20602 |
| agencies and prosecuting authorities and with publicizing the | 20603 |
| availability of awards of reparations pursuant to section 2743.71 | 20604 |
| of the Revised Code; | 20605 |
| (k) The payment of costs of administering a DNA specimen | 20606 |
| collection procedure pursuant to sections 2152.74 and 2901.07 of | 20607 |
| the Revised Code, of performing DNA analysis of those DNA | 20608 |
| specimens, and of entering the resulting DNA records regarding | 20609 |
| those analyses into the DNA database pursuant to section 109.573 | 20610 |
| of the Revised Code; | 20611 |
| (l) The payment of actual costs associated with initiatives | 20612 |
| by the attorney general for the apprehension, prosecution, and | 20613 |
| accountability of offenders, and the enhancing of services to | 20614 |
| crime victims. The amount of payments made pursuant to division | 20615 |
| (A)(1)(l) of this section during any given fiscal year shall not | 20616 |
| exceed five per cent of the balance of the reparations fund at the | 20617 |
| close of the immediately previous fiscal year; | 20618 |
| (m) The costs of administering the adult parole authority's | 20619 |
| supervision of sexually violent predators with an active global | 20620 |
| positioning system device pursuant to section 2971.05 of the | 20621 |
| Revised Code. | 20622 |
| (2) All costs paid pursuant to section 2743.70 of the Revised | 20623 |
| Code, the portions of license reinstatement fees mandated by | 20624 |
| division (F)(2)(b) of section 4511.191 of the Revised Code to be | 20625 |
| credited to the fund, the portions of the proceeds of the sale of | 20626 |
| a forfeited vehicle specified in division (C)(2) of section | 20627 |
| 4503.234 of the Revised Code, payments collected by the department | 20628 |
| of rehabilitation and correction from prisoners who voluntarily | 20629 |
| participate in an approved work and training program pursuant to | 20630 |
| division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and | 20631 |
| all moneys collected by the state pursuant to its right of | 20632 |
| subrogation provided in section 2743.72 of the Revised Code shall | 20633 |
| be deposited in the fund. | 20634 |
| (B) In making an award of reparations, the attorney general | 20635 |
| shall render the award against the state. The award shall be | 20636 |
| accomplished only through the following procedure, and the | 20637 |
| following procedure may be enforced by writ of mandamus directed | 20638 |
| to the appropriate official: | 20639 |
| (1) The attorney general shall provide for payment of the | 20640 |
| claimant or providers in the amount of the award only if the | 20641 |
| amount of the award is fifty dollars or more. | 20642 |
| (2) The expense shall be charged against all available | 20643 |
| unencumbered moneys in the fund. | 20644 |
| (3) If sufficient unencumbered moneys do not exist in the | 20645 |
| fund, the attorney general shall make application for payment of | 20646 |
| the award out of the emergency purposes account or any other | 20647 |
| appropriation for emergencies or contingencies, and payment out of | 20648 |
| this account or other appropriation shall be authorized if there | 20649 |
| are sufficient moneys greater than the sum total of then pending | 20650 |
| emergency purposes account requests or requests for releases from | 20651 |
| the other appropriations. | 20652 |
| (4) If sufficient moneys do not exist in the account or any | 20653 |
| other appropriation for emergencies or contingencies to pay the | 20654 |
| award, the attorney general shall request the general assembly to | 20655 |
| make an appropriation sufficient to pay the award, and no payment | 20656 |
| shall be made until the appropriation has been made. The attorney | 20657 |
| general shall make this appropriation request during the current | 20658 |
| biennium and during each succeeding biennium until a sufficient | 20659 |
| appropriation is made. If, prior to the time that an appropriation | 20660 |
| is made by the general assembly pursuant to this division, the | 20661 |
| fund has sufficient unencumbered funds to pay the award or part of | 20662 |
| the award, the available funds shall be used to pay the award or | 20663 |
| part of the award, and the appropriation request shall be amended | 20664 |
| to request only sufficient funds to pay that part of the award | 20665 |
| that is unpaid. | 20666 |
| (C) The attorney general shall not make payment on a decision | 20667 |
| or order granting an award until all appeals have been determined | 20668 |
| and all rights to appeal exhausted, except as otherwise provided | 20669 |
| in this section. If any party to a claim for an award of | 20670 |
| reparations appeals from only a portion of an award, and a | 20671 |
| remaining portion provides for the payment of money by the state, | 20672 |
| that part of the award calling for the payment of money by the | 20673 |
| state and not a subject of the appeal shall be processed for | 20674 |
| payment as described in this section. | 20675 |
| (D) The attorney general shall prepare itemized bills for the | 20676 |
| costs of printing and distributing the pamphlet the attorney | 20677 |
| general prepares pursuant to section 109.42 of the Revised Code. | 20678 |
| The itemized bills shall set forth the name and address of the | 20679 |
| persons owed the amounts set forth in them. | 20680 |
| (E) As used in this section, "DNA analysis" and "DNA | 20681 |
| specimen" have the same meanings as in section 109.573 of the | 20682 |
| Revised Code. | 20683 |
| Sec. 2744.05. Notwithstanding any other provisions of the | 20684 |
| Revised Code or rules of a court to the contrary, in an action | 20685 |
| against a political subdivision to recover damages for injury, | 20686 |
| death, or loss to person or property caused by an act or omission | 20687 |
| in connection with a governmental or proprietary function: | 20688 |
| (A) Punitive or exemplary damages shall not be awarded. | 20689 |
| (B)(1) If a claimant receives or is entitled to receive | 20690 |
| benefits for injuries or loss allegedly incurred from a policy or | 20691 |
| policies of insurance or any other source, the benefits shall be | 20692 |
| disclosed to the court, and the amount of the benefits shall be | 20693 |
| deducted from any award against a political subdivision recovered | 20694 |
| by that claimant. No insurer or other person is entitled to bring | 20695 |
| an action under a subrogation provision in an insurance or other | 20696 |
| contract against a political subdivision with respect to those | 20697 |
| benefits. | 20698 |
| The amount of the benefits shall be deducted from an award | 20699 |
| against a political subdivision under division (B)(1) of this | 20700 |
| section regardless of whether the claimant may be under an | 20701 |
| obligation to pay back the benefits upon recovery, in whole or in | 20702 |
| part, for the claim. A claimant whose benefits have been deducted | 20703 |
| from an award under division (B)(1) of this section is not | 20704 |
| considered fully compensated and shall not be required to | 20705 |
| reimburse a subrogated claim for benefits deducted from an award | 20706 |
| pursuant to division (B)(1) of this section. | 20707 |
| (2) Nothing in division (B)(1) of this section shall be | 20708 |
| construed to do either of the following: | 20709 |
| (a) Limit the rights of a beneficiary under a life insurance | 20710 |
| policy or the rights of sureties under fidelity or surety bonds; | 20711 |
| (b) Prohibit the department of job and family services from | 20712 |
| recovering from the political subdivision, pursuant to section | 20713 |
| 5101.58 of the Revised Code, the cost of medical assistance | 20714 |
|
benefits provided under Chapter 5107. | 20715 |
| Revised Code. | 20716 |
| (C)(1) There shall not be any limitation on compensatory | 20717 |
| damages that represent the actual loss of the person who is | 20718 |
| awarded the damages. However, except in wrongful death actions | 20719 |
| brought pursuant to Chapter 2125. of the Revised Code, damages | 20720 |
| that arise from the same cause of action, transaction or | 20721 |
| occurrence, or series of transactions or occurrences and that do | 20722 |
| not represent the actual loss of the person who is awarded the | 20723 |
| damages shall not exceed two hundred fifty thousand dollars in | 20724 |
| favor of any one person. The limitation on damages that do not | 20725 |
| represent the actual loss of the person who is awarded the damages | 20726 |
| provided in this division does not apply to court costs that are | 20727 |
| awarded to a plaintiff, or to interest on a judgment rendered in | 20728 |
| favor of a plaintiff, in an action against a political | 20729 |
| subdivision. | 20730 |
| (2) As used in this division, "the actual loss of the person | 20731 |
| who is awarded the damages" includes all of the following: | 20732 |
| (a) All wages, salaries, or other compensation lost by the | 20733 |
| person injured as a result of the injury, including wages, | 20734 |
| salaries, or other compensation lost as of the date of a judgment | 20735 |
| and future expected lost earnings of the person injured; | 20736 |
| (b) All expenditures of the person injured or another person | 20737 |
| on behalf of the person injured for medical care or treatment, for | 20738 |
| rehabilitation services, or for other care, treatment, services, | 20739 |
| products, or accommodations that were necessary because of the | 20740 |
| injury; | 20741 |
| (c) All expenditures to be incurred in the future, as | 20742 |
| determined by the court, by the person injured or another person | 20743 |
| on behalf of the person injured for medical care or treatment, for | 20744 |
| rehabilitation services, or for other care, treatment, services, | 20745 |
| products, or accommodations that will be necessary because of the | 20746 |
| injury; | 20747 |
| (d) All expenditures of a person whose property was injured | 20748 |
| or destroyed or of another person on behalf of the person whose | 20749 |
| property was injured or destroyed in order to repair or replace | 20750 |
| the property that was injured or destroyed; | 20751 |
| (e) All expenditures of the person injured or of the person | 20752 |
| whose property was injured or destroyed or of another person on | 20753 |
| behalf of the person injured or of the person whose property was | 20754 |
| injured or destroyed in relation to the actual preparation or | 20755 |
| presentation of the claim involved; | 20756 |
| (f) Any other expenditures of the person injured or of the | 20757 |
| person whose property was injured or destroyed or of another | 20758 |
| person on behalf of the person injured or of the person whose | 20759 |
| property was injured or destroyed that the court determines | 20760 |
| represent an actual loss experienced because of the personal or | 20761 |
| property injury or property loss. | 20762 |
| "The actual loss of the person who is awarded the damages" | 20763 |
| does not include any fees paid or owed to an attorney for any | 20764 |
| services rendered in relation to a personal or property injury or | 20765 |
| property loss, and does not include any damages awarded for pain | 20766 |
| and suffering, for the loss of society, consortium, companionship, | 20767 |
| care, assistance, attention, protection, advice, guidance, | 20768 |
| counsel, instruction, training, or education of the person | 20769 |
| injured, for mental anguish, or for any other intangible loss. | 20770 |
| Sec. 2744.08. (A)(1) A political subdivision may use public | 20771 |
| funds to secure insurance with respect to its and its employees' | 20772 |
| potential liability in damages in civil actions for injury, death, | 20773 |
| or loss to persons or property allegedly caused by an act or | 20774 |
| omission of the political subdivision or any of its employees in | 20775 |
| connection with a governmental or proprietary function. The | 20776 |
| insurance may be at the limits, for the circumstances, and subject | 20777 |
| to the terms and conditions, that are determined by the political | 20778 |
| subdivision in its discretion. | 20779 |
| The insurance may be for the period of time that is set forth | 20780 |
| in specifications for competitive bids or, when competitive | 20781 |
| bidding is not required, for the period of time that is mutually | 20782 |
| agreed upon by the political subdivision and insurance company. | 20783 |
| The period of time does not have to be, but can be, limited to the | 20784 |
| fiscal cycle under which the political subdivision is funded and | 20785 |
| operates. | 20786 |
| (2)(a) Regardless of whether a political subdivision procures | 20787 |
| a policy or policies of liability insurance pursuant to division | 20788 |
| (A)(1) of this section or otherwise, the political subdivision may | 20789 |
| establish and maintain a self-insurance program relative to its | 20790 |
| and its employees' potential liability in damages in civil actions | 20791 |
| for injury, death, or loss to persons or property allegedly caused | 20792 |
| by an act or omission of the political subdivision or any of its | 20793 |
| employees in connection with a governmental or proprietary | 20794 |
| function. The political subdivision may reserve such funds as it | 20795 |
| deems appropriate in a special fund that may be established | 20796 |
| pursuant to an ordinance or resolution of the political | 20797 |
| subdivision and not subject to section 5705.12 of the Revised | 20798 |
| Code. The political subdivision may allocate the costs of | 20799 |
| insurance or a self-insurance program, or both, among the funds or | 20800 |
| accounts in the subdivision's treasury on the basis of relative | 20801 |
| exposure and loss experience. The political subdivision may | 20802 |
| require any deductibles under an insurance or self-insurance | 20803 |
| program, or both, to be paid from funds or accounts in the | 20804 |
| subdivision's treasury from which a loss was directly | 20805 |
| attributable. If it so chooses, the political subdivision may | 20806 |
| contract with any person, other political subdivision, or regional | 20807 |
| council of governments for purposes of the administration of such | 20808 |
| a program. | 20809 |
| (b) Political subdivisions that have established | 20810 |
| self-insurance programs relative to their and their employees' | 20811 |
| potential liability as described in division (A)(2)(a) of this | 20812 |
| section may mutually agree that their self-insurance programs will | 20813 |
| be jointly administered in a specified manner. | 20814 |
| (B) The purchase of liability insurance, or the establishment | 20815 |
| and maintenance of a self-insurance program, by a political | 20816 |
| subdivision does not constitute a waiver of any immunity or | 20817 |
| defense of the political subdivision or its employees, except that | 20818 |
| the political subdivision may specifically waive any immunity or | 20819 |
| defense to which it or its employees may be entitled if a | 20820 |
| provision to that effect is specifically included in the policy of | 20821 |
| insurance or in a written plan of operation of the self-insurance | 20822 |
| program, or, if any, the legislative enactment of the political | 20823 |
| subdivision authorizing the purchase of the insurance or the | 20824 |
| establishment and maintenance of the self-insurance program. Such | 20825 |
| a specific waiver shall be only to the extent of the insurance or | 20826 |
| self-insurance program coverage. | 20827 |
| (C) The authorizations for political subdivisions to secure | 20828 |
| insurance and to establish and maintain self-insurance programs in | 20829 |
| this section are in addition to any other authority to secure | 20830 |
| insurance or to establish and maintain self-insurance programs | 20831 |
| that is granted pursuant to the Revised Code or the constitution | 20832 |
| of this state, and they are not in derogation of any other | 20833 |
| authorization. | 20834 |
| Sec. 2744.082. (A) If a political subdivision, pursuant to | 20835 |
| division (A)(2)(a) of section 2744.08 of the Revised Code, has | 20836 |
| allocated costs to, or required the payment of deductibles from, | 20837 |
| funds or accounts in the subdivision's treasury, the subdivision's | 20838 |
| fiscal officer, pursuant to an ordinance or resolution of the | 20839 |
| subdivision's legislative authority, shall transfer amounts equal | 20840 |
| to those costs or deductibles from the funds or accounts to the | 20841 |
| subdivision's general fund if both of the following occur: | 20842 |
| (1) The subdivision requests payment from the employee | 20843 |
| responsible for the funds or accounts for those costs or | 20844 |
| deductibles; | 20845 |
| (2) The employee receiving the request fails to remit payment | 20846 |
| within forty-five days after the date of receipt of the request. | 20847 |
| (B) Sections 5705.14, 5705.15, and 5705.16 of the Revised | 20848 |
| Code do not apply to transfers made pursuant to this section. | 20849 |
| Sec. 2901.07. (A) As used in this section: | 20850 |
| (1) "DNA analysis" and "DNA specimen" have the same meanings | 20851 |
| as in section 109.573 of the Revised Code. | 20852 |
| (2) "Jail" and "community-based correctional facility" have | 20853 |
| the same meanings as in section 2929.01 of the Revised Code. | 20854 |
| (3) "Post-release control" has the same meaning as in section | 20855 |
| 2967.01 of the Revised Code. | 20856 |
| (B)(1) A person who is convicted of or pleads guilty to a | 20857 |
| felony offense listed in division (D) of this section and who is | 20858 |
| sentenced to a prison term or to a community residential sanction | 20859 |
| in a jail or community-based correctional facility pursuant to | 20860 |
| section 2929.16 of the Revised Code, and a person who is convicted | 20861 |
| of or pleads guilty to a misdemeanor offense listed in division | 20862 |
| (D) of this section and who is sentenced to a term of imprisonment | 20863 |
| shall submit to a DNA specimen collection procedure administered | 20864 |
| by the director of rehabilitation and correction or the chief | 20865 |
| administrative officer of the jail or other detention facility in | 20866 |
| which the person is serving the term of imprisonment. If the | 20867 |
| person serves the prison term in a state correctional institution, | 20868 |
| the director of rehabilitation and correction shall cause the DNA | 20869 |
| specimen to be collected from the person during the intake process | 20870 |
| at the reception facility designated by the director. If the | 20871 |
| person serves the community residential sanction or term of | 20872 |
| imprisonment in a jail, a community-based correctional facility, | 20873 |
| or another county, multicounty, municipal, municipal-county, or | 20874 |
| multicounty-municipal detention facility, the chief administrative | 20875 |
| officer of the jail, community-based correctional facility, or | 20876 |
| detention facility shall cause the DNA specimen to be collected | 20877 |
| from the person during the intake process at the jail, | 20878 |
| community-based correctional facility, or detention facility. In | 20879 |
| accordance with division (C) of this section, the director or the | 20880 |
| chief administrative officer shall cause the DNA specimen to be | 20881 |
| forwarded to the bureau of criminal identification and | 20882 |
| investigation no later than fifteen days after the date of the | 20883 |
| collection of the DNA specimen. The DNA specimen shall be | 20884 |
| collected in accordance with division (C) of this section. | 20885 |
| (2) If a person is convicted of or pleads guilty to an | 20886 |
| offense listed in division (D) of this section, is serving a | 20887 |
| prison term, community residential sanction, or term of | 20888 |
| imprisonment for that offense, and does not provide a DNA specimen | 20889 |
| pursuant to division (B)(1) of this section, prior to the person's | 20890 |
| release from the prison term, community residential sanction, or | 20891 |
| imprisonment, the person shall submit to, and the director of | 20892 |
| rehabilitation and correction or the chief administrative officer | 20893 |
| of the jail, community-based correctional facility, or detention | 20894 |
| facility in which the person is serving the prison term, community | 20895 |
| residential sanction, or term of imprisonment shall administer, a | 20896 |
| DNA specimen collection procedure at the state correctional | 20897 |
| institution, jail, community-based correctional facility, or | 20898 |
| detention facility in which the person is serving the prison term, | 20899 |
| community residential sanction, or term of imprisonment. In | 20900 |
| accordance with division (C) of this section, the director or the | 20901 |
| chief administrative officer shall cause the DNA specimen to be | 20902 |
| forwarded to the bureau of criminal identification and | 20903 |
| investigation no later than fifteen days after the date of the | 20904 |
| collection of the DNA specimen. The DNA specimen shall be | 20905 |
| collected in accordance with division (C) of this section. | 20906 |
| (3) If a person sentenced to a term of imprisonment or | 20907 |
| serving a prison term or community residential sanction for | 20908 |
| committing an offense listed in division (D) of this section is on | 20909 |
| probation, is released on parole, under transitional control, or | 20910 |
| on another type of release, or is on post-release control, if the | 20911 |
| person is under the supervision of a probation department or the | 20912 |
| adult parole authority, if the person is sent to jail or is | 20913 |
| returned to a jail, community-based correctional facility, or | 20914 |
| state correctional institution for a violation of the terms and | 20915 |
| conditions of the probation, parole, transitional control, other | 20916 |
| release, or post-release control, if the person was or will be | 20917 |
| serving a term of imprisonment, prison term, or community | 20918 |
| residential sanction for committing an offense listed in division | 20919 |
| (D) of this section, and if the person did not provide a DNA | 20920 |
| specimen pursuant to division (B)(1) or (2) of this section, the | 20921 |
| person shall submit to, and the director of rehabilitation and | 20922 |
| correction or the chief administrative officer of the jail or | 20923 |
| community-based correctional facility shall administer, a DNA | 20924 |
| specimen collection procedure at the jail, community-based | 20925 |
| correctional facility, or state correctional institution in which | 20926 |
| the person is serving the term of imprisonment, prison term, or | 20927 |
| community residential sanction. In accordance with division (C) of | 20928 |
| this section, the director or the chief administrative officer | 20929 |
| shall cause the DNA specimen to be forwarded to the bureau of | 20930 |
| criminal identification and investigation no later than fifteen | 20931 |
| days after the date of the collection of the DNA specimen. The DNA | 20932 |
| specimen shall be collected from the person in accordance with | 20933 |
| division (C) of this section. | 20934 |
| (C) If the DNA specimen is collected by withdrawing blood | 20935 |
| from the person or a similarly invasive procedure, a physician, | 20936 |
| registered nurse, licensed practical nurse, duly licensed clinical | 20937 |
| laboratory technician, or other qualified medical practitioner | 20938 |
| shall collect in a medically approved manner the DNA specimen | 20939 |
| required to be collected pursuant to division (B) of this section. | 20940 |
| If the DNA specimen is collected by swabbing for buccal cells or a | 20941 |
| similarly noninvasive procedure, this section does not require | 20942 |
| that the DNA specimen be collected by a qualified medical | 20943 |
| practitioner of that nature. No later than fifteen days after the | 20944 |
| date of the collection of the DNA specimen, the director of | 20945 |
| rehabilitation and correction or the chief administrative officer | 20946 |
| of the jail, community-based correctional facility, or other | 20947 |
| county, multicounty, municipal, municipal-county, or | 20948 |
| multicounty-municipal detention facility, in which the person is | 20949 |
| serving the prison term, community residential sanction, or term | 20950 |
| of imprisonment shall cause the DNA specimen to be forwarded to | 20951 |
| the bureau of criminal identification and investigation in | 20952 |
| accordance with procedures established by the superintendent of | 20953 |
| the bureau under division (H) of section 109.573 of the Revised | 20954 |
| Code. The bureau shall provide the specimen vials, mailing tubes, | 20955 |
| labels, postage, and instructions needed for the collection and | 20956 |
| forwarding of the DNA specimen to the bureau. | 20957 |
| (D) The director of rehabilitation and correction and the | 20958 |
| chief administrative officer of the jail, community-based | 20959 |
| correctional facility, or other county, multicounty, municipal, | 20960 |
| municipal-county, or multicounty-municipal detention facility | 20961 |
| shall cause a DNA specimen to be collected in accordance with | 20962 |
| divisions (B) and (C) of this section from a person in its custody | 20963 |
| who is convicted of or pleads guilty to any of the following | 20964 |
| offenses: | 20965 |
| (1) A violation of section 2903.01, 2903.02, 2903.11, | 20966 |
| 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, 2911.01, 2911.02, | 20967 |
| 2911.11, or 2911.12 of the Revised Code; | 20968 |
| (2) A violation of section 2907.12 of the Revised Code as it | 20969 |
| existed prior to September 3, 1996; | 20970 |
| (3) An attempt to commit a violation of section 2903.01, | 20971 |
| 2903.02, 2907.02, 2907.03, 2907.04, or 2907.05 of the Revised Code | 20972 |
| or to commit a violation of section 2907.12 of the Revised Code as | 20973 |
| it existed prior to September 3, 1996; | 20974 |
| (4) A violation of any law that arose out of the same facts | 20975 |
| and circumstances and same act as did a charge against the person | 20976 |
| of a violation of section 2903.01, 2903.02, 2905.01, 2907.02, | 20977 |
| 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised Code that | 20978 |
| previously was dismissed or amended or as did a charge against the | 20979 |
| person of a violation of section 2907.12 of the Revised Code as it | 20980 |
| existed prior to September 3, 1996, that previously was dismissed | 20981 |
| or amended; | 20982 |
| (5) A violation of section 2905.02 or 2919.23 of the Revised | 20983 |
| Code that would have been a violation of section 2905.04 of the | 20984 |
| Revised Code as it existed prior to July 1, 1996, had it been | 20985 |
| committed prior to that date; | 20986 |
| (6) A sexually oriented offense or a child-victim oriented | 20987 |
| offense, both as defined in section 2950.01 of the Revised Code, | 20988 |
| if, in relation to that offense, the offender has been adjudicated | 20989 |
| a sexual predator or a child-victim predator, both as defined in | 20990 |
| section 2950.01 of the Revised Code; | 20991 |
| (7) A felony violation of any law that arose out of the same | 20992 |
| facts and circumstances and same act as did a charge against the | 20993 |
| person of a violation of section 2903.11, 2911.01, 2911.02, or | 20994 |
| 2911.12 of the Revised Code that previously was dismissed or | 20995 |
| amended; | 20996 |
| (8) A conspiracy to commit a violation of section 2903.01, | 20997 |
| 2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the | 20998 |
| Revised Code; | 20999 |
| (9) Complicity in committing a violation of section 2903.01, | 21000 |
| 2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, | 21001 |
| 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a | 21002 |
| violation of section 2907.12 of the Revised Code as it existed | 21003 |
| prior to September 3, 1996. | 21004 |
| (E) The director of rehabilitation and correction or a chief | 21005 |
| administrative officer of a jail, community-based correctional | 21006 |
| facility, or other detention facility described in division (B) of | 21007 |
| this section in relation to the following offenses is not required | 21008 |
| to comply with this section until the superintendent of the bureau | 21009 |
| of criminal identification and investigation gives agencies in the | 21010 |
|
criminal justice system, as
defined in section | 21011 |
| the Revised Code, in the state official notification that the | 21012 |
| state DNA laboratory is prepared to accept DNA specimens of that | 21013 |
| nature: | 21014 |
| (1) A violation of section 2903.11, 2911.01, 2911.02, or | 21015 |
| 2911.12 of the Revised Code; | 21016 |
| (2) An attempt to commit a violation of section 2903.01 or | 21017 |
| 2903.02 of the Revised Code; | 21018 |
| (3) A felony violation of any law that arose out of the same | 21019 |
| facts and circumstances and same act as did a charge against the | 21020 |
| person of a violation of section 2903.11, 2911.01, 2911.02, or | 21021 |
| 2911.12 of the Revised Code that previously was dismissed or | 21022 |
| amended; | 21023 |
| (4) A conspiracy to commit a violation of section 2903.01, | 21024 |
| 2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the | 21025 |
| Revised Code; | 21026 |
| (5) Complicity in committing a violation of section 2903.01, | 21027 |
| 2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, | 21028 |
| 2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a | 21029 |
| violation of section 2907.12 of the Revised Code as it existed | 21030 |
| prior to September 3, 1996. | 21031 |
| Sec. 2913.40. (A) As used in this section: | 21032 |
| (1) "Statement or representation" means any oral, written, | 21033 |
| electronic, electronic impulse, or magnetic communication that is | 21034 |
| used to identify an item of goods or a service for which | 21035 |
| reimbursement may be made under the medical assistance program or | 21036 |
| that states income and expense and is or may be used to determine | 21037 |
| a rate of reimbursement under the medical assistance program. | 21038 |
| (2) "Medical assistance program" means the program | 21039 |
| established by the department of job and family services to | 21040 |
| provide medical assistance under section 5111.01 of the Revised | 21041 |
| Code and the medicaid program of Title XIX of the "Social Security | 21042 |
| Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended. | 21043 |
| (3) "Provider" means any person who has signed a provider | 21044 |
| agreement with the department of job and family services to | 21045 |
| provide goods or services pursuant to the medical assistance | 21046 |
| program or any person who has signed an agreement with a party to | 21047 |
| such a provider agreement under which the person agrees to provide | 21048 |
| goods or services that are reimbursable under the medical | 21049 |
| assistance program. | 21050 |
| (4) "Provider agreement" means an oral or written agreement | 21051 |
| between the department of job and family services and a person in | 21052 |
| which the person agrees to provide goods or services under the | 21053 |
| medical assistance program. | 21054 |
| (5) "Recipient" means any individual who receives goods or | 21055 |
| services from a provider under the medical assistance program. | 21056 |
| (6) "Records" means any medical, professional, financial, or | 21057 |
| business records relating to the treatment or care of any | 21058 |
| recipient, to goods or services provided to any recipient, or to | 21059 |
| rates paid for goods or services provided to any recipient and any | 21060 |
| records that are required by the rules of the director of job and | 21061 |
| family services to be kept for the medical assistance program. | 21062 |
| (B) No person shall knowingly make or cause to be made a | 21063 |
| false or misleading statement or representation for use in | 21064 |
| obtaining reimbursement from the medical assistance program. | 21065 |
| (C) No person, with purpose to commit fraud or knowing that | 21066 |
| the person is facilitating a fraud, shall do either of the | 21067 |
| following: | 21068 |
| (1) Contrary to the terms of the person's provider agreement, | 21069 |
| charge, solicit, accept, or receive for goods or services that the | 21070 |
| person provides under the medical assistance program any property, | 21071 |
| money, or other consideration in addition to the amount of | 21072 |
| reimbursement under the medical assistance program and the | 21073 |
| person's provider agreement for the goods or services and any | 21074 |
| deductibles
or co-payments authorized by
| 21075 |
|
section
5111.0112 of
the Revised Code
or | 21076 |
|
pursuant to | 21077 |
| Revised Code. | 21078 |
| (2) Solicit, offer, or receive any remuneration, other than | 21079 |
| any deductibles or co-payments authorized by section 5111.0112 of | 21080 |
| the Revised Code or
rules adopted under
section
| 21081 |
| 5111.011, or 5111.02 of
the Revised Code | 21082 |
| 21083 | |
| limited to, a kickback or rebate, in connection with the | 21084 |
| furnishing of goods or services for which whole or partial | 21085 |
| reimbursement is or may be made under the medical assistance | 21086 |
| program. | 21087 |
| (D) No person, having submitted a claim for or provided goods | 21088 |
| or services under the medical assistance program, shall do either | 21089 |
| of the following for a period of at least six years after a | 21090 |
| reimbursement pursuant to that claim, or a reimbursement for those | 21091 |
| goods or services, is received under the medical assistance | 21092 |
| program: | 21093 |
| (1) Knowingly alter, falsify, destroy, conceal, or remove any | 21094 |
| records that are necessary to fully disclose the nature of all | 21095 |
| goods or services for which the claim was submitted, or for which | 21096 |
| reimbursement was received, by the person; | 21097 |
| (2) Knowingly alter, falsify, destroy, conceal, or remove any | 21098 |
| records that are necessary to disclose fully all income and | 21099 |
| expenditures upon which rates of reimbursements were based for the | 21100 |
| person. | 21101 |
| (E) Whoever violates this section is guilty of medicaid | 21102 |
| fraud. Except as otherwise provided in this division, medicaid | 21103 |
| fraud is a misdemeanor of the first degree. If the value of | 21104 |
| property, services, or funds obtained in violation of this section | 21105 |
| is five hundred dollars or more and is less than five thousand | 21106 |
| dollars, medicaid fraud is a felony of the fifth degree. If the | 21107 |
| value of property, services, or funds obtained in violation of | 21108 |
| this section is five thousand dollars or more and is less than one | 21109 |
| hundred thousand dollars, medicaid fraud is a felony of the fourth | 21110 |
| degree. If the value of the property, services, or funds obtained | 21111 |
| in violation of this section is one hundred thousand dollars or | 21112 |
| more, medicaid fraud is a felony of the third degree. | 21113 |
| (F) Upon application of the governmental agency, office, or | 21114 |
| other entity that conducted the investigation and prosecution in a | 21115 |
| case under this section, the court shall order any person who is | 21116 |
| convicted of a violation of this section for receiving any | 21117 |
| reimbursement for furnishing goods or services under the medical | 21118 |
| assistance program to which the person is not entitled to pay to | 21119 |
| the applicant its cost of investigating and prosecuting the case. | 21120 |
| The costs of investigation and prosecution that a defendant is | 21121 |
| ordered to pay pursuant to this division shall be in addition to | 21122 |
| any other penalties for the receipt of that reimbursement that are | 21123 |
| provided in this section, section 5111.03 of the Revised Code, or | 21124 |
| any other provision of law. | 21125 |
| (G) The provisions of this section are not intended to be | 21126 |
| exclusive remedies and do not preclude the use of any other | 21127 |
| criminal or civil remedy for any act that is in violation of this | 21128 |
| section. | 21129 |
| Sec. 2913.401. (A) As used in this section: | 21130 |
| (1) "Medicaid benefits" means benefits under the medical | 21131 |
| assistance program established under Chapter 5111. of the Revised | 21132 |
| Code. | 21133 |
| (2) "Property" means any real or personal property or other | 21134 |
| asset in which a person has any legal title or interest. | 21135 |
| (B) No person shall knowingly do any of the following in an | 21136 |
| application for medicaid benefits or in a document that requires a | 21137 |
| disclosure of assets for the purpose of determining eligibility to | 21138 |
| receive medicaid benefits: | 21139 |
| (1) Make or cause to be made a false or misleading statement; | 21140 |
| (2) Conceal an interest in property; | 21141 |
| (3)(a) Except as provided in division (B)(3)(b) of this | 21142 |
| section, fail to disclose a transfer of property that occurred | 21143 |
| during the period beginning thirty-six months before submission of | 21144 |
| the application or document and ending on the date the application | 21145 |
| or document was submitted; | 21146 |
| (b) Fail to disclose a transfer of property that occurred | 21147 |
| during the period beginning sixty months before submission of the | 21148 |
| application or document and ending on the date the application or | 21149 |
| document was submitted and that was made to an irrevocable trust a | 21150 |
| portion of which is not distributable to the applicant for | 21151 |
| medicaid benefits or the recipient of medicaid benefits or to a | 21152 |
| revocable trust. | 21153 |
| (C)(1) Whoever violates this section is guilty of medicaid | 21154 |
| eligibility fraud. Except as otherwise provided in this division, | 21155 |
| a violation of this section is a misdemeanor of the first degree. | 21156 |
| If the value of the medicaid benefits paid as a result of the | 21157 |
| violation is five hundred dollars or more and is less than five | 21158 |
| thousand dollars, a violation of this section is a felony of the | 21159 |
| fifth degree. If the value of the medicaid benefits paid as a | 21160 |
| result of the violation is five thousand dollars or more and is | 21161 |
| less than one hundred thousand dollars, a violation of this | 21162 |
| section is a felony of the fourth degree. If the value of the | 21163 |
| medicaid benefits paid as a result of the violation is one hundred | 21164 |
| thousand dollars or more, a violation of this section is a felony | 21165 |
| of the third degree. | 21166 |
| (2) In addition to imposing a sentence under division (C)(1) | 21167 |
| of this section, the court shall order that a person who is guilty | 21168 |
| of medicaid eligibility fraud make restitution in the full amount | 21169 |
| of any medicaid benefits paid on behalf of an applicant for or | 21170 |
| recipient of medicaid benefits for which the applicant or | 21171 |
| recipient was not eligible, plus interest at the rate applicable | 21172 |
| to judgments on unreimbursed amounts from the date on which the | 21173 |
| benefits were paid to the date on which restitution is made. | 21174 |
| (3) The remedies and penalties provided in this section are | 21175 |
| not exclusive and do not preclude the use of any other criminal or | 21176 |
| civil remedy for any act that is in violation of this section. | 21177 |
| (D) This section does not apply to a person who fully | 21178 |
| disclosed in an application for medicaid benefits or in a document | 21179 |
| that requires a disclosure of assets for the purpose of | 21180 |
| determining eligibility to receive medicaid benefits all of the | 21181 |
| interests in property of the applicant for or recipient of | 21182 |
| medicaid benefits, all transfers of property by the applicant for | 21183 |
| or recipient of medicaid benefits, and the circumstances of all | 21184 |
| those transfers. | 21185 |
| (E) Any amounts of medicaid benefits recovered as restitution | 21186 |
| under this section and any interest on those amounts shall be | 21187 |
| credited to the general revenue fund, and any applicable federal | 21188 |
| share shall be returned to the appropriate agency or department of | 21189 |
| the United States. | 21190 |
| Sec. 2921.13. (A) No person shall knowingly make a false | 21191 |
| statement, or knowingly swear or affirm the truth of a false | 21192 |
| statement previously made, when any of the following applies: | 21193 |
| (1) The statement is made in any official proceeding. | 21194 |
| (2) The statement is made with purpose to incriminate | 21195 |
| another. | 21196 |
| (3) The statement is made with purpose to mislead a public | 21197 |
| official in performing the public official's official function. | 21198 |
| (4) The statement is made with purpose to secure the payment | 21199 |
| of unemployment compensation; Ohio works first; prevention, | 21200 |
| retention, and contingency benefits and services; disability | 21201 |
| financial assistance; retirement benefits; economic development | 21202 |
| assistance, as defined in section 9.66 of the Revised Code; or | 21203 |
| other benefits administered by a governmental agency or paid out | 21204 |
| of a public treasury. | 21205 |
| (5) The statement is made with purpose to secure the issuance | 21206 |
| by a governmental agency of a license, permit, authorization, | 21207 |
| certificate, registration, release, or provider agreement. | 21208 |
| (6) The statement is sworn or affirmed before a notary public | 21209 |
| or another person empowered to administer oaths. | 21210 |
| (7) The statement is in writing on or in connection with a | 21211 |
| report or return that is required or authorized by law. | 21212 |
| (8) The statement is in writing and is made with purpose to | 21213 |
| induce another to extend credit to or employ the offender, to | 21214 |
| confer any degree, diploma, certificate of attainment, award of | 21215 |
| excellence, or honor on the offender, or to extend to or bestow | 21216 |
| upon the offender any other valuable benefit or distinction, when | 21217 |
| the person to whom the statement is directed relies upon it to | 21218 |
| that person's detriment. | 21219 |
| (9) The statement is made with purpose to commit or | 21220 |
| facilitate the commission of a theft offense. | 21221 |
| (10) The statement is knowingly made to a probate court in | 21222 |
| connection with any action, proceeding, or other matter within its | 21223 |
| jurisdiction, either orally or in a written document, including, | 21224 |
| but not limited to, an application, petition, complaint, or other | 21225 |
| pleading, or an inventory, account, or report. | 21226 |
| (11) The statement is made on an account, form, record, | 21227 |
| stamp, label, or other writing that is required by law. | 21228 |
| (12) The statement is made in connection with the purchase of | 21229 |
| a firearm, as defined in section 2923.11 of the Revised Code, and | 21230 |
| in conjunction with the furnishing to the seller of the firearm of | 21231 |
| a fictitious or altered driver's or commercial driver's license or | 21232 |
| permit, a fictitious or altered identification card, or any other | 21233 |
| document that contains false information about the purchaser's | 21234 |
| identity. | 21235 |
| (13) The statement is made in a document or instrument of | 21236 |
| writing that purports to be a judgment, lien, or claim of | 21237 |
| indebtedness and is filed or recorded with the secretary of state, | 21238 |
| a county recorder, or the clerk of a court of record. | 21239 |
| (14) The statement is made with purpose to obtain an Ohio's | 21240 |
| best Rx program enrollment card under section 5110.09 of the | 21241 |
| Revised Code or a payment from the department of job and family | 21242 |
| services under section 5110.17 of the Revised Code. | 21243 |
| | 21244 |
| county sheriff pursuant to section 2923.125 of the Revised Code in | 21245 |
| order to obtain or renew a license to carry a concealed handgun or | 21246 |
| is made in an affidavit submitted to a county sheriff to obtain a | 21247 |
| temporary emergency license to carry a concealed handgun under | 21248 |
| section 2923.1213 of the Revised Code. | 21249 |
| (16) The statement is required under section 5743.72 of the | 21250 |
| Revised Code in connection with the person's purchase of | 21251 |
| cigarettes or tobacco products in a delivery sale. | 21252 |
| (B) No person, in connection with the purchase of a firearm, | 21253 |
| as defined in section 2923.11 of the Revised Code, shall knowingly | 21254 |
| furnish to the seller of the firearm a fictitious or altered | 21255 |
| driver's or commercial driver's license or permit, a fictitious or | 21256 |
| altered identification card, or any other document that contains | 21257 |
| false information about the purchaser's identity. | 21258 |
| (C) No person, in an attempt to obtain a license to carry a | 21259 |
| concealed handgun under section 2923.125 of the Revised Code, | 21260 |
| shall knowingly present to a sheriff a fictitious or altered | 21261 |
| document that purports to be certification of the person's | 21262 |
| competence in handling a handgun as described in division (B)(3) | 21263 |
| of section 2923.125 of the Revised Code. | 21264 |
| (D) It is no defense to a charge under division (A)(6) of | 21265 |
| this section that the oath or affirmation was administered or | 21266 |
| taken in an irregular manner. | 21267 |
| (E) If contradictory statements relating to the same fact are | 21268 |
| made by the offender within the period of the statute of | 21269 |
| limitations for falsification, it is not necessary for the | 21270 |
| prosecution to prove which statement was false but only that one | 21271 |
| or the other was false. | 21272 |
| (F)(1) Whoever violates division (A)(1), (2), (3), (4), (5), | 21273 |
|
(6), (7), (8), (10), (11), (13), | 21274 |
| is guilty of falsification, a misdemeanor of the first degree. | 21275 |
| (2) Whoever violates division (A)(9) of this section is | 21276 |
| guilty of falsification in a theft offense. Except as otherwise | 21277 |
| provided in this division, falsification in a theft offense is a | 21278 |
| misdemeanor of the first degree. If the value of the property or | 21279 |
| services stolen is five hundred dollars or more and is less than | 21280 |
| five thousand dollars, falsification in a theft offense is a | 21281 |
| felony of the fifth degree. If the value of the property or | 21282 |
| services stolen is five thousand dollars or more and is less than | 21283 |
| one hundred thousand dollars, falsification in a theft offense is | 21284 |
| a felony of the fourth degree. If the value of the property or | 21285 |
| services stolen is one hundred thousand dollars or more, | 21286 |
| falsification in a theft offense is a felony of the third degree. | 21287 |
| (3) Whoever violates division (A)(12) or (B) of this section | 21288 |
| is guilty of falsification to purchase a firearm, a felony of the | 21289 |
| fifth degree. | 21290 |
| (4) Whoever violates division (A) | 21291 |
| section is guilty of falsification to obtain a concealed handgun | 21292 |
| license, a felony of the fourth degree. | 21293 |
| (G) A person who violates this section is liable in a civil | 21294 |
| action to any person harmed by the violation for injury, death, or | 21295 |
| loss to person or property incurred as a result of the commission | 21296 |
| of the offense and for reasonable attorney's fees, court costs, | 21297 |
| and other expenses incurred as a result of prosecuting the civil | 21298 |
| action commenced under this division. A civil action under this | 21299 |
| division is not the exclusive remedy of a person who incurs | 21300 |
| injury, death, or loss to person or property as a result of a | 21301 |
| violation of this section. | 21302 |
| Sec. 2923.25. Each federally licensed firearms dealer who | 21303 |
| sells any firearm, at the time of the sale of the firearm, shall | 21304 |
| offer for sale to the purchaser of the firearm a trigger lock, gun | 21305 |
| lock, or gun locking device that is appropriate for that firearm. | 21306 |
| Each federally licensed firearms dealer shall post in a | 21307 |
| conspicuous location in the dealer's place of business the poster | 21308 |
| furnished to the dealer pursuant to section | 21309 |
| Revised Code and shall make available to all purchasers of | 21310 |
| firearms from the dealer the brochure furnished to the dealer | 21311 |
| pursuant to that section. | 21312 |
| As used in this section, "federally licensed firearms dealer" | 21313 |
| has the same meaning as in section | 21314 |
| Code. | 21315 |
| Sec. 2927.023. (A) As used in this section "authorized | 21316 |
| recipient of tobacco products" means a person who is: | 21317 |
| (1) Licensed as a cigarette wholesale dealer under section | 21318 |
| 5743.15 of the Revised Code; | 21319 |
| (2) Licensed as a distributor of tobacco products under | 21320 |
| section 5743.61 of the Revised Code; | 21321 |
| (3) An export warehouse proprietor as defined in section 5702 | 21322 |
| of the Internal Revenue Code; | 21323 |
| (4) An operator of a customs bonded warehouse under 19 U.S.C. | 21324 |
| 1311 or 19 U.S.C. 1555; | 21325 |
| (5) An officer, employee, or agent of the federal government | 21326 |
| or of this state acting in the person's official capacity; | 21327 |
| (6) A department, agency, instrumentality, or political | 21328 |
| subdivision of the federal government or of this state; | 21329 |
| (7) A person having a consent for consumer shipment issued by | 21330 |
| the tax commissioner under section 5743.71 of the Revised Code. | 21331 |
| The purpose of this section is to prevent the sale of | 21332 |
| cigarettes to minors and to ensure compliance with the Master | 21333 |
| Settlement Agreement, as defined in section 1346.01 of the Revised | 21334 |
| Code. | 21335 |
| (B)(1) No person shall cause to be shipped any cigarettes to | 21336 |
| any person in this state other than an authorized recipient of | 21337 |
| tobacco products. | 21338 |
| (2) No common carrier, contract carrier, or other person | 21339 |
| shall knowingly transport cigarettes to any person in this state | 21340 |
| that the carrier or other person reasonably believes is not an | 21341 |
| authorized recipient of tobacco products. If cigarettes are | 21342 |
| transported to a home or residence, it shall be presumed that the | 21343 |
| common carrier, contract carrier, or other person knew that the | 21344 |
| person to whom the cigarettes were delivered was not an authorized | 21345 |
| recipient of tobacco products. | 21346 |
| (C) No person engaged in the business of selling cigarettes | 21347 |
| who ships or causes to be shipped cigarettes to any person in this | 21348 |
| state in any container or wrapping other than the original | 21349 |
| container or wrapping of the cigarettes shall fail to plainly and | 21350 |
| visibly mark the exterior of the container or wrapping in which | 21351 |
| the cigarettes are shipped with the words "cigarettes." | 21352 |
| (D) A court shall impose a fine of up to one thousand dollars | 21353 |
| for each violation of division (B)(1), (B)(2), or (C) of this | 21354 |
| section. | 21355 |
| Sec. 2971.05. (A)(1) After control over an offender's | 21356 |
| service of a prison term imposed pursuant to division (A)(3) of | 21357 |
| section 2971.03 of the Revised Code has been transferred pursuant | 21358 |
| to section 2971.04 of the Revised Code to the court, the court | 21359 |
| shall schedule, within thirty days of any of the following, a | 21360 |
| hearing on whether to modify in accordance with division (C) of | 21361 |
| this section the requirement that the offender serve the entire | 21362 |
| prison term in a state correctional institution or to terminate | 21363 |
| the prison term in accordance with division (D) of this section: | 21364 |
| (a) Control over the offender's service of a prison term is | 21365 |
| transferred pursuant to section 2971.04 of the Revised Code to the | 21366 |
| court, and no hearing to modify the requirement has been held; | 21367 |
| (b) Two years elapse after the most recent prior hearing held | 21368 |
| pursuant to division (A)(1) or (2) of this section; | 21369 |
| (c) The prosecuting attorney, the department of | 21370 |
| rehabilitation and correction, or the adult parole authority | 21371 |
| requests the hearing, and recommends that the requirement be | 21372 |
| modified or that the offender's prison term be terminated. | 21373 |
| (2) After control over the offender's service of a prison | 21374 |
| term has been transferred pursuant to section 2971.04 of the | 21375 |
| Revised Code to the court, the court, within thirty days of either | 21376 |
| of the following, shall conduct a hearing on whether to modify in | 21377 |
| accordance with division (C) of this section the requirement that | 21378 |
| the offender serve the entire prison term in a state correctional | 21379 |
| institution, whether to continue, revise, or revoke an existing | 21380 |
| modification of that requirement, or whether to terminate the term | 21381 |
| in accordance with division (D) of this section: | 21382 |
| (a) The requirement that the offender serve the entire prison | 21383 |
| term in a state correctional institution has been modified, and | 21384 |
| the offender is taken into custody for any reason. | 21385 |
| (b) The department of rehabilitation and correction or the | 21386 |
| prosecuting attorney notifies the court pursuant to section | 21387 |
| 2971.06 of the Revised Code regarding a known or suspected | 21388 |
| violation of a term or condition of the modification or a belief | 21389 |
| that there is a substantial likelihood that the offender has | 21390 |
| committed or is about to commit a sexually violent offense. | 21391 |
| (3) After control over the offender's service of a prison | 21392 |
| term has been transferred pursuant to section 2971.04 of the | 21393 |
| Revised Code to the court, the court, in any of the following | 21394 |
| circumstances, may conduct a hearing within thirty days to | 21395 |
| determine whether to modify in accordance with division (C) of | 21396 |
| this section the requirement that the offender serve the entire | 21397 |
| prison term in a state correctional institution, whether to | 21398 |
| continue, revise, or revoke an existing modification of that | 21399 |
| requirement, or whether to terminate the sentence in accordance | 21400 |
| with division (D) of this section: | 21401 |
| (a) The offender requests the hearing; | 21402 |
| (b) Upon the court's own motion; | 21403 |
| (c) One or more examiners who have conducted a psychological | 21404 |
| examination and assessment of the offender file a statement that | 21405 |
| states that there no longer is a likelihood that the offender will | 21406 |
| engage in the future in a sexually violent offense. | 21407 |
| (B)(1) Before a court holds a hearing pursuant to division | 21408 |
| (A) of this section, the court shall provide notice of the date, | 21409 |
| time, place, and purpose of the hearing to the offender, the | 21410 |
| prosecuting attorney, the department of rehabilitation and | 21411 |
| correction, and the adult parole authority and shall request the | 21412 |
| department to prepare pursuant to section 5120.61 of the Revised | 21413 |
| Code an update of the most recent risk assessment and report | 21414 |
| relative to the offender. The offender has the right to be present | 21415 |
| at any hearing held under this section. At the hearing, the | 21416 |
| offender and the prosecuting attorney may make a statement and | 21417 |
| present evidence as to whether the requirement should or should | 21418 |
| not be modified, whether the existing modification of the | 21419 |
| requirement should be continued, revised, or revoked, and whether | 21420 |
| the prison term should or should not be terminated. | 21421 |
| (2) At a hearing held pursuant to division (A) of this | 21422 |
| section, the court may and, if the hearing is held pursuant to | 21423 |
| division (A)(1)(a), (1)(b), or (3)(c) of this section, shall | 21424 |
| determine by clear and convincing evidence whether the offender is | 21425 |
| unlikely to commit a sexually violent offense in the future. | 21426 |
| (3) At the conclusion of the hearing held pursuant to | 21427 |
| division (A) of this section, the court may order that the | 21428 |
| requirement that the offender serve the entire prison term in a | 21429 |
| state correctional institution be continued, that the requirement | 21430 |
| be modified pursuant to division (C) of this section, that an | 21431 |
| existing modification be continued, revised, or revoked pursuant | 21432 |
| to division (C) of this section, or that the prison term be | 21433 |
| terminated pursuant to division (D) of this section. | 21434 |
| (C)(1) If, at the conclusion of a hearing held pursuant to | 21435 |
| division (A) of this section, the court determines by clear and | 21436 |
| convincing evidence that the offender will not represent a | 21437 |
| substantial risk of physical harm to others, the court may modify | 21438 |
| the requirement that the offender serve the entire prison term in | 21439 |
| a state correctional institution in a manner that the court | 21440 |
| considers appropriate. If the court modifies the requirement, the | 21441 |
| offender is subject to supervision under division (E) of this | 21442 |
| section. | 21443 |
| (2) The modification of the requirement does not terminate | 21444 |
| the prison term but serves only to suspend the requirement that | 21445 |
| the offender serve the entire term in a state correctional | 21446 |
| institution. The prison term shall remain in effect for the | 21447 |
| offender's entire life unless the court terminates the prison term | 21448 |
| pursuant to division (D) of this section. The offender shall | 21449 |
| remain under the jurisdiction of the court for the offender's | 21450 |
| entire life unless the court so terminates the prison term. The | 21451 |
| modification of the requirement does not terminate the | 21452 |
| classification of the offender, as described in division (F) of | 21453 |
| section 2971.03 of the Revised Code, as a sexual predator for | 21454 |
| purposes of Chapter 2950. of the Revised Code, and the offender is | 21455 |
| subject to supervision under division (E) of this section. | 21456 |
| (3) If the court revokes the modification under | 21457 |
| consideration, the court shall order that the offender be returned | 21458 |
| to the custody of the department of rehabilitation and correction | 21459 |
| to continue serving the prison term to which the modification | 21460 |
| applied, and section 2971.06 of the Revised Code applies regarding | 21461 |
| the offender. | 21462 |
| (D)(1) If, at the conclusion of a hearing held pursuant to | 21463 |
| division (A) of this section, the court determines by clear and | 21464 |
| convincing evidence that the offender is unlikely to commit a | 21465 |
| sexually violent offense in the future, the court may terminate | 21466 |
| the offender's prison term imposed under division (A)(3) of | 21467 |
| section 2971.03 of the Revised Code, subject to the offender | 21468 |
| satisfactorily completing the period of conditional release | 21469 |
| required by this division and compliance with division (E) of this | 21470 |
| section. If the court terminates the prison term, the court shall | 21471 |
| place the offender on conditional release for five years, require | 21472 |
| the offender to comply with division (E) of this section, notify | 21473 |
| the adult parole authority of its determination and of the | 21474 |
| termination of the prison term, and order the adult parole | 21475 |
| authority to supervise the offender during the five-year period of | 21476 |
| conditional release and to supervise the offender pursuant to | 21477 |
| division (E) of this section. Upon receipt of a notice from a | 21478 |
| court pursuant to this division, the adult parole authority shall | 21479 |
| supervise the offender who is the subject of the notice during the | 21480 |
| five-year period of conditional release, periodically notify the | 21481 |
| court of the offender's activities during that five-year period of | 21482 |
| conditional release, and file with the court no later than thirty | 21483 |
| days prior to the expiration of the five-year period of | 21484 |
| conditional release a written recommendation as to whether the | 21485 |
| termination of the offender's prison term should be finalized, | 21486 |
| whether the period of conditional release should be extended, or | 21487 |
| whether another type of action authorized pursuant to this chapter | 21488 |
| should be taken. | 21489 |
| Upon receipt of a recommendation of the adult parole | 21490 |
| authority filed pursuant to this division, the court shall hold a | 21491 |
| hearing to determine whether to finalize the termination of the | 21492 |
| offender's prison term, to extend the period of conditional | 21493 |
| release, or to take another type of action authorized pursuant to | 21494 |
| this chapter. The court shall hold the hearing no later than the | 21495 |
| date on which the five-year period of conditional release | 21496 |
| terminates and shall provide notice of the date, time, place, and | 21497 |
| purpose of the hearing to the offender and to the prosecuting | 21498 |
| attorney. At the hearing, the offender, the prosecuting attorney, | 21499 |
| and the adult parole authority employee who supervised the | 21500 |
| offender during the period of conditional release may make a | 21501 |
| statement and present evidence. | 21502 |
| (2) If the court determines to extend an offender's period of | 21503 |
| conditional release, it may do so for additional periods of one | 21504 |
| year in the same manner as the original period of conditional | 21505 |
| release, and except as otherwise described in this division, all | 21506 |
| procedures and requirements that applied to the original period of | 21507 |
| conditional release apply to the additional period of extended | 21508 |
| conditional release unless the court modifies a procedure or | 21509 |
| requirement. If an offender's period of conditional release is | 21510 |
| extended as described in this division, all references to a | 21511 |
| five-year period of conditional release that are contained in | 21512 |
| division (D)(1) of this section shall be construed, in applying | 21513 |
| the provisions of that division to the extension, as being | 21514 |
| references to the one-year period of the extension of the | 21515 |
| conditional release. | 21516 |
| If the court determines to take another type of action | 21517 |
| authorized pursuant to this chapter, it may do so in the same | 21518 |
| manner as if the action had been taken at any other stage of the | 21519 |
| proceedings under this chapter. As used in this division, "another | 21520 |
| type of action" includes the revocation of the conditional release | 21521 |
| and the return of the offender to a state correctional institution | 21522 |
| to continue to serve the prison term. | 21523 |
| If the court determines to finalize the termination of the | 21524 |
| offender's prison term, it shall notify the department of | 21525 |
| rehabilitation and correction, the department shall enter into its | 21526 |
| records a final release and issue to the offender a certificate of | 21527 |
| final release, and the prison term thereafter shall be considered | 21528 |
| completed and terminated in every way. | 21529 |
| The termination of the offender's prison term pursuant to | 21530 |
| division (D)(1) or (2) of this section does not affect the | 21531 |
| classification of the offender, as described in division (F) of | 21532 |
| section 2971.03 of the Revised Code, as a sexual predator for | 21533 |
| purposes of Chapter 2950. of the Revised Code, and does not | 21534 |
| terminate the adult parole authority's supervision of a sexually | 21535 |
| violent predator with an active global positioning system device, | 21536 |
| pursuant to division (E) of this section. The classification of | 21537 |
| the offender as a sexual predator is permanent and continues until | 21538 |
| the offender's death as described in division (D)(2) of section | 21539 |
| 2950.09 of the Revised Code. | 21540 |
| (E) The adult parole authority shall supervise an offender | 21541 |
| whose prison term is modified as provided in division (C) of this | 21542 |
| section or whose prison term is terminated as provided in division | 21543 |
| (D) of this section with an active global positioning system | 21544 |
| device during any time period in which the offender is not | 21545 |
| incarcerated in a state correctional institution. Unless the court | 21546 |
| removes the offender's classification as a sexually violent | 21547 |
| predator, an offender is subject to supervision with an active | 21548 |
| global positioning system pursuant to this division for the | 21549 |
| offender's entire life. The costs of administering the supervision | 21550 |
| of sexually violent offenders with an active global positioning | 21551 |
| system device shall be paid out of funds from the reparations | 21552 |
| fund, created pursuant to section 2743.191 of the Revised Code. | 21553 |
| This division shall only apply to a sexually violent predator who | 21554 |
| is released from the custody of the department of rehabilitation | 21555 |
| and correction on or after the effective date of this amendment. | 21556 |
| Sec. 3107.10. (A) Notwithstanding section 3107.01 of the | 21557 |
| Revised Code, as used in this section, "agency" does not include a | 21558 |
| public children services agency. | 21559 |
| (B) An agency or attorney, whichever arranges a minor's | 21560 |
| adoption, shall file with the court a preliminary estimate | 21561 |
| accounting not later than the time the adoption petition for the | 21562 |
| minor is filed with the court. The agency or attorney, whichever | 21563 |
| arranges the adoption, also shall file a final accounting with the | 21564 |
| court before a final decree of adoption is issued or an | 21565 |
| interlocutory order of adoption is finalized for the minor. The | 21566 |
| agency or attorney shall complete and file accountings in a manner | 21567 |
| acceptable to the court. | 21568 |
| An accounting shall specify all disbursements of anything of | 21569 |
| value the petitioner, a person on the petitioner's behalf, and the | 21570 |
| agency or attorney made and has agreed to make in connection with | 21571 |
| the minor's permanent surrender under division (B) of section | 21572 |
| 5103.15 of the Revised Code, placement under section 5103.16 of | 21573 |
| the Revised Code, and adoption under this chapter. The agency or | 21574 |
| attorney shall include in an accounting an itemization of each | 21575 |
| expense listed in division (C) of this section. The itemization of | 21576 |
| the expenses specified in divisions (C)(3) and (4) of this section | 21577 |
| shall show the amount the agency or attorney charged or is going | 21578 |
| to charge for the services and the actual cost to the agency or | 21579 |
| attorney of providing the services. An accounting shall indicate | 21580 |
| whether any expenses listed in division (C) of this section do not | 21581 |
| apply to the adoption proceeding for which the accounting is | 21582 |
| filed. | 21583 |
| The agency or attorney shall include with a preliminary | 21584 |
| estimate accounting and a final accounting a written statement | 21585 |
| signed by the petitioner that the petitioner has reviewed the | 21586 |
| accounting and attests to its accuracy. | 21587 |
| (C) No petitioner, person acting on a petitioner's behalf, or | 21588 |
| agency or attorney shall make or agree to make any disbursements | 21589 |
| in connection with the minor's permanent surrender, placement, or | 21590 |
| adoption other than for the following: | 21591 |
| (1) Physician expenses incurred on behalf of the birth mother | 21592 |
| or minor in connection with prenatal care, delivery, and | 21593 |
| confinement prior to or following the minor's birth; | 21594 |
| (2) Hospital or other medical facility expenses incurred on | 21595 |
| behalf of the birth mother or minor in connection with the minor's | 21596 |
| birth; | 21597 |
| (3) Expenses charged by the attorney arranging the adoption | 21598 |
| for providing legal services in connection with the placement and | 21599 |
| adoption, including expenses incurred by the attorney pursuant to | 21600 |
| sections 3107.031, 3107.081, 3107.082, 3107.09, and 3107.12 of the | 21601 |
| Revised Code; | 21602 |
| (4) Expenses charged by the agency arranging the adoption for | 21603 |
| providing services in connection with the permanent surrender and | 21604 |
| adoption, including the agency's application fee and the expenses | 21605 |
| incurred by the agency pursuant to sections 3107.031, 3107.09, | 21606 |
| 3107.12, 5103.151, and 5103.152 of the Revised Code; | 21607 |
| (5) Temporary costs of routine maintenance and medical care | 21608 |
| for a minor required under section 5103.16 of the Revised Code if | 21609 |
| the person seeking to adopt the minor refuses to accept placement | 21610 |
| of the minor; | 21611 |
| (6) Guardian ad litem fees incurred on behalf of the minor in | 21612 |
| any court proceedings; | 21613 |
| (7) Foster care expenses incurred in connection with any | 21614 |
| temporary care and maintenance of the minor; | 21615 |
| (8) Court expenses incurred in connection with the minor's | 21616 |
| permanent surrender, placement, and adoption. | 21617 |
| (D) If a court determines from an accounting that an amount | 21618 |
| that is going to be disbursed for an expense listed in division | 21619 |
| (C) of this section is unreasonable, the court may order a | 21620 |
| reduction in the amount to be disbursed. If a court determines | 21621 |
| from an accounting that an unreasonable amount was disbursed for | 21622 |
| an expense listed in division (C) of this section, the court may | 21623 |
| order the person who received the disbursement to refund to the | 21624 |
| person who made the disbursement an amount the court orders. | 21625 |
| If a court determines from an accounting that a disbursement | 21626 |
| for an expense not permitted by division (C) of this section is | 21627 |
| going to be made, the court may issue an injunction prohibiting | 21628 |
| the disbursement. If a court determines from an accounting that a | 21629 |
| disbursement for an expense not permitted by division (C) of this | 21630 |
| section was made, the court may order the person who received the | 21631 |
| disbursement to return it to the person who made the disbursement. | 21632 |
| If a court determines that a final accounting does not | 21633 |
| completely report all the disbursements that are going to be made | 21634 |
| or have been made in connection with the minor's permanent | 21635 |
| surrender, placement, and adoption, the court shall order the | 21636 |
| agency or attorney to file with the court an accounting that | 21637 |
| completely reports all such disbursements. | 21638 |
| The agency or attorney shall file the final accounting with | 21639 |
| the court not later than ten days prior to the date scheduled for | 21640 |
| the final hearing on the adoption. The court may not issue a final | 21641 |
| decree of adoption or finalize an interlocutory order of adoption | 21642 |
| of a minor until at least ten days after the agency or attorney | 21643 |
| files the final accounting. | 21644 |
| (E) | 21645 |
| 21646 | |
| 21647 | |
| 21648 | |
| 21649 |
| | 21650 |
| 21651 | |
| 21652 | |
| 21653 | |
| 21654 |
| | 21655 |
| 21656 | |
| 21657 | |
| 21658 | |
| 21659 |
| | 21660 |
| 21661 |
| | 21662 |
| 21663 | |
| 21664 | |
| 21665 |
| | 21666 |
| stepparent whose spouse is a biological or adoptive parent of the | 21667 |
| minor. | 21668 |
| Sec. 3111.04. (A) An action to determine the existence or | 21669 |
| nonexistence of the father and child relationship may be brought | 21670 |
| by the child or the child's personal representative, the child's | 21671 |
| mother or her personal representative, a man alleged or alleging | 21672 |
| himself to be the child's father, the child support enforcement | 21673 |
| agency of the county in which the child resides if the child's | 21674 |
| mother is a recipient of public assistance or of services under | 21675 |
| Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 | 21676 |
| U.S.C.A. 651, as amended, or the alleged father's personal | 21677 |
| representative. | 21678 |
| (B) An agreement does not bar an action under this section. | 21679 |
| (C) If an action under this section is brought before the | 21680 |
| birth of the child and if the action is contested, all | 21681 |
| proceedings, except service of process and the taking of | 21682 |
| depositions to perpetuate testimony, may be stayed until after the | 21683 |
| birth. | 21684 |
| (D) A recipient of public assistance or of services under | 21685 |
| Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42 | 21686 |
| U.S.C.A. 651, as amended, shall cooperate with the child support | 21687 |
| enforcement agency of the county in which a child resides to | 21688 |
| obtain an administrative determination pursuant to sections | 21689 |
| 3111.38 to 3111.54 of the Revised Code, or, if necessary, a court | 21690 |
| determination pursuant to sections 3111.01 to 3111.18 of the | 21691 |
| Revised Code, of the existence or nonexistence of a parent and | 21692 |
| child relationship between the father and the child. If the | 21693 |
| recipient fails to cooperate, the agency may commence an action to | 21694 |
| determine the existence or nonexistence of a parent and child | 21695 |
| relationship between the father and the child pursuant to sections | 21696 |
| 3111.01 to 3111.18 of the Revised Code. | 21697 |
| (E) As used in this section, "public assistance" means | 21698 |
| medical assistance under Chapter 5111. of the Revised Code, | 21699 |
| assistance under Chapter 5107. of the Revised Code, or disability | 21700 |
| financial assistance under Chapter
5115. of the Revised Code | 21701 |
| 21702 | |
| 21703 |
| Sec. 3119.54. If either party to a child support order | 21704 |
| issued in accordance with section 3119.30 of the Revised Code is | 21705 |
|
eligible
for medical assistance under Chapter
5111. | 21706 |
| the Revised Code and the other party has obtained health insurance | 21707 |
| coverage, the party eligible for medical assistance shall notify | 21708 |
| any physician, hospital, or other provider of medical services for | 21709 |
| which medical assistance is available of the name and address of | 21710 |
| the other party's insurer and of the number of the other party's | 21711 |
| health insurance or health care policy, contract, or plan. Any | 21712 |
| physician, hospital, or other provider of medical services for | 21713 |
|
which medical assistance is
available under Chapter 5111. | 21714 |
| of the Revised Code who is notified under this division of the | 21715 |
| existence of a health insurance or health care policy, contract, | 21716 |
| or plan with coverage for children who are eligible for medical | 21717 |
| assistance shall first bill the insurer for any services provided | 21718 |
| for those children. If the insurer fails to pay all or any part of | 21719 |
| a claim filed under this section and the services for which the | 21720 |
|
claim is filed are
covered
by
Chapter 5111. | 21721 |
| Revised Code, the physician, hospital, or other medical services | 21722 |
| provider shall bill the remaining unpaid costs of the services in | 21723 |
|
accordance with
Chapter 5111. | 21724 |
| Sec. 3121.12. (A) On receipt of a notice that a lump sum | 21725 |
| payment of one hundred fifty dollars or more is to be paid to the | 21726 |
| obligor, the court, with respect to a court support order, or the | 21727 |
| child support enforcement agency, with respect to an | 21728 |
| administrative child support order, shall do either of the | 21729 |
| following: | 21730 |
| (1) If the obligor is in default under the support order or | 21731 |
| has any arrearages under the support order, issue an order | 21732 |
| requiring the transmittal of the lump sum payment, or any portion | 21733 |
| of the lump sum payment sufficient to pay the arrearage in full, | 21734 |
| to the office of child support; | 21735 |
| (2) If the obligor is not in default under the support order | 21736 |
| and does not have any arrearages under the support order, issue an | 21737 |
| order directing the person who gave the notice to the court or | 21738 |
| agency to immediately pay the full amount of the lump sum payment | 21739 |
| to the obligor. | 21740 |
| (B) | 21741 |
| child support pursuant to division
(A) of this section | 21742 |
| 21743 | |
| 21744 | |
| 21745 | |
| 21746 | |
| 21747 | |
| adopted under section 3121.71 of the Revised Code. | 21748 |
| (C) A court that issued an order prior to January 1, 1998, | 21749 |
| requiring an employer to withhold an amount from an obligor's | 21750 |
| personal earnings for the payment of support shall issue a | 21751 |
| supplemental order that does not change the original order or the | 21752 |
| related support order requiring the employer to do all of the | 21753 |
| following: | 21754 |
| (1) No later than the earlier of forty-five days before a | 21755 |
| lump sum payment is to be made or, if the obligor's right to a | 21756 |
| lump sum payment is determined less than forty-five days before it | 21757 |
| is to be made, the date on which that determination is made, | 21758 |
| notify the child support enforcement agency of any lump sum | 21759 |
| payment of any kind of one hundred fifty dollars or more that is | 21760 |
| to be paid to the obligor; | 21761 |
| (2) Hold the lump sum payment for thirty days after the date | 21762 |
| on which it would otherwise be paid to the obligor; | 21763 |
| (3) On order of the court, pay any specified amount of the | 21764 |
| lump sum payment to the office of child support. | 21765 |
| (D) An employer that knowingly fails to notify the child | 21766 |
| support enforcement agency in accordance with this section or | 21767 |
| section 3121.03 of the Revised Code of any lump sum payment to be | 21768 |
| made to an obligor is liable for any support payment not made to | 21769 |
| the obligee as a result of its knowing failure to give the notice. | 21770 |
| Sec. 3121.50. On receipt of any amount forwarded from a | 21771 |
| payor or financial institution, the office of child support shall | 21772 |
| distribute the amount to the obligee within two business days of | 21773 |
| its receipt of the amount
forwarded. | 21774 |
| prohibited from doing so by a law of this state or the United | 21775 |
| States, the office may distribute the amount by means of | 21776 |
| electronic disbursement, and the obligee shall accept payment by | 21777 |
| means of electronic disbursement. The director of job and family | 21778 |
| services may adopt, revise, or amend rules under Chapter 119. of | 21779 |
| the Revised Code to assist in the implementation of this section. | 21780 |
| Sec. 3125.18. A child support enforcement agency shall | 21781 |
| administer a Title IV-A program identified under division | 21782 |
|
(A) | 21783 |
| the department of job and family services provides for the agency | 21784 |
| to administer under the department's supervision pursuant to | 21785 |
| section 5101.801 of the Revised Code. | 21786 |
| Sec. 3125.191. There is hereby created in the state treasury | 21787 |
| the child support operating fund, which is a state special revenue | 21788 |
| fund. The department of job and family services may deposit into | 21789 |
| the fund a portion of the federal incentives described in division | 21790 |
| (A) of section 3125.19 of the Revised Code and authorized by 42 | 21791 |
| U.S.C. 658a that are received by the department of job and family | 21792 |
| services from the United States department of health and human | 21793 |
| services. The department of job and family services may use money | 21794 |
| in the child support operating fund for program and administrative | 21795 |
| purposes associated with the program of child support enforcement | 21796 |
| authorized by section 3125.03 of the Revised Code. | 21797 |
| Sec. 3301.079. (A)(1) Not later than December 31, 2001, the | 21798 |
| state board of education shall adopt statewide academic standards | 21799 |
| for each of grades kindergarten through twelve in reading, | 21800 |
| writing, and mathematics. Not later than December 31, 2002, the | 21801 |
| state board shall adopt statewide academic standards for each of | 21802 |
| grades kindergarten through twelve in science and social studies. | 21803 |
| The standards shall specify the academic content and skills that | 21804 |
| students are expected to know and be able to do at each grade | 21805 |
| level. | 21806 |
| (2) When academic standards have been completed for any | 21807 |
| subject area required by this division, the state board shall | 21808 |
| inform all school districts of the content of those standards. | 21809 |
| (B) Not later than eighteen months after the completion of | 21810 |
| academic standards for any subject area required by division (A) | 21811 |
| of this section, the state board shall adopt a model curriculum | 21812 |
| for instruction in that subject area for each of grades | 21813 |
| kindergarten through twelve that is sufficient to meet the needs | 21814 |
| of students in every community. The model curriculum shall be | 21815 |
| aligned with the standards to ensure that the academic content and | 21816 |
| skills specified for each grade level are taught to students. When | 21817 |
| any model curriculum has been completed, the state board shall | 21818 |
| inform all school districts of the content of that model | 21819 |
| curriculum. | 21820 |
| All school districts may utilize the state standards and the | 21821 |
| model curriculum established by the state board, together with | 21822 |
| other relevant resources, examples, or models to ensure that | 21823 |
| students have the opportunity to attain the academic standards. | 21824 |
| Upon request, the department of education shall provide technical | 21825 |
| assistance to any district in implementing the model curriculum. | 21826 |
| Nothing in this section requires any school district to | 21827 |
| utilize all or any part of a model curriculum developed under this | 21828 |
| division. | 21829 |
| (C) The state board shall develop achievement tests aligned | 21830 |
| with the academic standards and model curriculum for each of the | 21831 |
| subject areas and grade levels required by section 3301.0710 of | 21832 |
| the Revised Code. | 21833 |
| When any achievement test has been completed, the state board | 21834 |
| shall inform all school districts of its completion, and the | 21835 |
| department of education shall make the achievement test available | 21836 |
| to the districts. School districts shall administer the | 21837 |
| achievement test beginning in the school year indicated in section | 21838 |
| 3301.0712 of the Revised Code. | 21839 |
| (D)(1) | 21840 |
| 21841 | |
| diagnostic assessment aligned with the academic standards and | 21842 |
| model curriculum for each of grades kindergarten through two in | 21843 |
|
reading, writing, and mathematics and for | 21844 |
| three
| 21845 |
| 21846 | |
| measure student comprehension of academic content and mastery of | 21847 |
| related skills for the relevant subject area and grade level. Any | 21848 |
| diagnostic assessment shall not include components to identify | 21849 |
| gifted students. Blank copies of diagnostic tests shall be public | 21850 |
| records. | 21851 |
| (2) When each diagnostic assessment has been completed, the | 21852 |
| state board shall inform all school districts of its completion | 21853 |
| and the department of education shall make the diagnostic | 21854 |
| assessment available to the districts at no cost to the district. | 21855 |
| School districts shall administer the diagnostic assessment | 21856 |
| pursuant to section 3301.0715 of the Revised Code beginning the | 21857 |
| first school year following the development of the assessment. | 21858 |
| | 21859 |
| 21860 | |
| 21861 |
| (E) Whenever the state board or the department of education | 21862 |
| consults with persons for the purpose of drafting or reviewing any | 21863 |
| standards, diagnostic assessments, achievement tests, or model | 21864 |
| curriculum required under this section, the state board or the | 21865 |
| department shall first consult with parents of students in | 21866 |
| kindergarten through twelfth grade and with active Ohio classroom | 21867 |
| teachers, other school personnel, and administrators with | 21868 |
| expertise in the appropriate subject area. Whenever practicable, | 21869 |
| the state board and department shall consult with teachers | 21870 |
| recognized as outstanding in their fields. | 21871 |
| If the department contracts with more than one outside entity | 21872 |
| for the development of the achievement tests required by this | 21873 |
| section, the department shall ensure the interchangeability of | 21874 |
| those tests. | 21875 |
| (F) The fairness sensitivity review committee, established by | 21876 |
| rule of the state board of education, shall not allow any question | 21877 |
| on any achievement test or diagnostic assessment developed under | 21878 |
| this section or any proficiency test prescribed by former section | 21879 |
| 3301.0710 of the Revised Code, as it existed prior to September | 21880 |
| 11, 2001, to include, be written to promote, or inquire as to | 21881 |
| individual moral or social values or beliefs. The decision of the | 21882 |
| committee shall be final. This section does not create a private | 21883 |
| cause of action. | 21884 |
| Sec. 3301.0710. The state board of education shall adopt | 21885 |
| rules establishing a statewide program to test student | 21886 |
| achievement. The state board shall ensure that all tests | 21887 |
| administered under the testing program are aligned with the | 21888 |
| academic standards and model curricula adopted by the state board | 21889 |
| and are created with input from Ohio parents, Ohio classroom | 21890 |
| teachers, Ohio school administrators, and other Ohio school | 21891 |
| personnel pursuant to section 3301.079 of the Revised Code. | 21892 |
| The testing program shall be designed to ensure that students | 21893 |
| who receive a high school diploma demonstrate at least high school | 21894 |
| levels of achievement in reading, writing, mathematics, science, | 21895 |
| and social studies. | 21896 |
| (A)(1) The state board shall prescribe all of the following: | 21897 |
| (a) Two statewide achievement tests, one each designed to | 21898 |
| measure the level of reading and mathematics skill expected at the | 21899 |
| end of third grade; | 21900 |
| (b) Three statewide achievement tests, one each designed to | 21901 |
| measure the level of reading, writing, and mathematics skill | 21902 |
| expected at the end of fourth grade; | 21903 |
| (c) Four statewide achievement tests, one each designed to | 21904 |
| measure the level of reading, mathematics, science, and social | 21905 |
| studies skill expected at the end of fifth grade; | 21906 |
| (d) Two statewide achievement tests, one each designed to | 21907 |
| measure the level of reading and mathematics skill expected at the | 21908 |
| end of sixth grade; | 21909 |
| (e) Three statewide achievement tests, one each designed to | 21910 |
| measure the level of reading, writing, and mathematics skill | 21911 |
| expected at the end of seventh grade; | 21912 |
| (f) Four statewide achievement tests, one each designed to | 21913 |
| measure the level of reading, mathematics, science, and social | 21914 |
| studies skill expected at the end of eighth grade. | 21915 |
| (2) The state board shall determine and designate at least | 21916 |
| five ranges of scores on each of the achievement tests described | 21917 |
| in divisions (A)(1) and (B) of this section. Each range of scores | 21918 |
| shall be deemed to demonstrate a level of achievement so that any | 21919 |
| student attaining a score within such range has achieved one of | 21920 |
| the following: | 21921 |
| (a) An advanced level of skill; | 21922 |
| (b) An accelerated level of skill; | 21923 |
| (c) A proficient level of skill; | 21924 |
| (d) A basic level of skill; | 21925 |
| (e) A limited level of skill. | 21926 |
| (B) The tests prescribed under this division shall | 21927 |
| collectively be known as the Ohio graduation tests. The state | 21928 |
| board shall prescribe five statewide high school achievement | 21929 |
| tests, one each designed to measure the level of reading, writing, | 21930 |
| mathematics, science, and social studies skill expected at the end | 21931 |
| of tenth grade. The state board shall designate a score in at | 21932 |
| least the range designated under division (A)(2)(c) of this | 21933 |
| section on each such test that shall be deemed to be a passing | 21934 |
| score on the test as a condition toward granting high school | 21935 |
| diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08 | 21936 |
| of the Revised Code. | 21937 |
| The state board may enter into a reciprocal agreement with | 21938 |
| the appropriate body or agency of any other state that has similar | 21939 |
| statewide achievement testing requirements for receiving high | 21940 |
| school diplomas, under which any student who has met an | 21941 |
| achievement testing requirement of one state is recognized as | 21942 |
| having met the similar achievement testing requirement of the | 21943 |
| other state for purposes of receiving a high school diploma. For | 21944 |
| purposes of this section and sections 3301.0711 and 3313.61 of the | 21945 |
| Revised Code, any student enrolled in any public high school in | 21946 |
| this state who has met an achievement testing requirement | 21947 |
| specified in a reciprocal agreement entered into under this | 21948 |
| division shall be deemed to have attained at least the applicable | 21949 |
| score designated under this division on each test required by this | 21950 |
| division that is specified in the agreement. | 21951 |
| (C) | 21952 |
| the state board shall annually designate as follows the dates on | 21953 |
| which the tests prescribed under this section shall be | 21954 |
| administered: | 21955 |
| (1) For the reading test prescribed under division (A)(1)(a) | 21956 |
| of this section, as follows: | 21957 |
| (a) One date prior to the thirty-first day of December each | 21958 |
| school year; | 21959 |
| (b) At least one date of each school year that is not earlier | 21960 |
|
than Monday of the week containing the | 21961 |
| May; | 21962 |
| (c) One date during the summer that is not earlier than the | 21963 |
| tenth day of June nor later than the fifteenth day of July for | 21964 |
| students receiving summer remediation services under section | 21965 |
| 3313.608 of the Revised Code. | 21966 |
| (2) For the mathematics test prescribed under division | 21967 |
| (A)(1)(a) of this section and the tests prescribed under divisions | 21968 |
| (A)(1)(b), (c), (d), (e), and (f) of this section, at least one | 21969 |
| date of each school year that is not earlier than Monday of the | 21970 |
|
week
containing
the
| 21971 |
| (3) For the tests prescribed under division (B) of this | 21972 |
| section, at least one date in each school year that is not earlier | 21973 |
| than Monday of the week containing the fifteenth day of March for | 21974 |
| all tenth grade students and at least one date prior to the | 21975 |
| thirty-first day of December and at least one date subsequent to | 21976 |
| that date but prior to the thirty-first day of March of each | 21977 |
| school year for eleventh and twelfth grade students. | 21978 |
| (D) In prescribing test dates pursuant to division (C)(3) of | 21979 |
| this section, the state board shall, to the greatest extent | 21980 |
| practicable, provide options to school districts in the case of | 21981 |
| tests administered under that division to eleventh and twelfth | 21982 |
| grade students and in the case of tests administered to students | 21983 |
| pursuant to division (C)(2) of section 3301.0711 of the Revised | 21984 |
| Code. Such options shall include at least an opportunity for | 21985 |
| school districts to give such tests outside of regular school | 21986 |
| hours. | 21987 |
| (E) In prescribing test dates pursuant to this section, the | 21988 |
| state board of education shall designate the dates in such a way | 21989 |
| as to allow a reasonable length of time between the administration | 21990 |
| of tests prescribed under this section and any administration of | 21991 |
| the National Assessment of Education Progress Test given to | 21992 |
| students in the same grade level pursuant to section 3301.27 of | 21993 |
| the Revised Code or federal law. | 21994 |
| (F) The state board shall prescribe a practice version of | 21995 |
| each Ohio graduation test described in division (B) of this | 21996 |
| section that is of comparable length to the actual test. | 21997 |
| (G) Any committee established by the department of education | 21998 |
| for the purpose of making recommendations to the state board | 21999 |
| regarding the state board's designation of scores on the tests | 22000 |
| described by this section shall inform the state board of the | 22001 |
| probable percentage of students who would score in each of the | 22002 |
| ranges established under division (A)(2) of this section on the | 22003 |
| tests if the committee's recommendations are adopted by the state | 22004 |
| board. To the extent possible, these percentages shall be | 22005 |
| disaggregated by gender, major racial and ethnic groups, limited | 22006 |
| English proficient students, economically disadvantaged students, | 22007 |
| students with disabilities, and migrant students. | 22008 |
| If the state board intends to make any change to the | 22009 |
| committee's recommendations, the state board shall explain the | 22010 |
| intended change to the Ohio accountability task force established | 22011 |
| by section 3302.021 of the Revised Code. The task force shall | 22012 |
| recommend whether the state board should proceed to adopt the | 22013 |
| intended change. Nothing in this division shall require the state | 22014 |
| board to designate test scores based upon the recommendations of | 22015 |
| the task force. | 22016 |
| (H)(1) The state board shall require any alternate assessment | 22017 |
| administered to a student under division (C)(1) of section | 22018 |
| 3301.0711 of the Revised Code to be completed and submitted to the | 22019 |
| entity with which the department contracts for the scoring of the | 22020 |
| test not later than the first day of April of the school year in | 22021 |
| which the test is administered. | 22022 |
| (2) For any test prescribed by this section, the state board | 22023 |
| may designate a date one week earlier than the applicable date | 22024 |
| designated under division (C) of this section for the | 22025 |
| administration of the test to limited English proficient students. | 22026 |
| (3) In designating days for the administration of the tests | 22027 |
| prescribed by division (A) of this section, the state board shall | 22028 |
| require the tests for each grade level to be administered on | 22029 |
| consecutive days. | 22030 |
| Sec. 3301.0711. (A) The department of education shall: | 22031 |
| (1) Annually furnish to, grade, and score all tests required | 22032 |
| by section 3301.0710 of the Revised Code to be administered by | 22033 |
| city, local, exempted village, and joint vocational school | 22034 |
| districts, except that each district shall score any test | 22035 |
| administered pursuant to division (B)(10) of this section. Each | 22036 |
| test so furnished shall include the data verification code of the | 22037 |
| student to whom the test will be administered, as assigned | 22038 |
| pursuant to division (D)(2) of section 3301.0714 of the Revised | 22039 |
| Code. In furnishing the practice versions of Ohio graduation tests | 22040 |
| prescribed by division (F) of section 3301.0710 of the Revised | 22041 |
| Code, the department shall make the tests available on its web | 22042 |
| site for reproduction by districts. In awarding contracts for | 22043 |
| grading tests, the department shall give preference to Ohio-based | 22044 |
| entities employing Ohio residents. | 22045 |
| (2) Adopt rules for the ethical use of tests and prescribing | 22046 |
| the manner in which the tests prescribed by section 3301.0710 of | 22047 |
| the Revised Code shall be administered to students. | 22048 |
| (B) Except as provided in divisions (C) and (J) of this | 22049 |
| section, the board of education of each city, local, and exempted | 22050 |
| village school district shall, in accordance with rules adopted | 22051 |
| under division (A) of this section: | 22052 |
| (1) Administer the reading test prescribed under division | 22053 |
| (A)(1)(a) of section 3301.0710 of the Revised Code twice annually | 22054 |
| to all students in the third grade who have not attained the score | 22055 |
| designated for that test under division (A)(2)(c) of section | 22056 |
| 3301.0710 of the Revised Code and once each summer to students | 22057 |
| receiving summer remediation services under section 3313.608 of | 22058 |
| the Revised Code. | 22059 |
| (2) Administer the mathematics test prescribed under division | 22060 |
| (A)(1)(a) of section 3301.0710 of the Revised Code at least once | 22061 |
| annually to all students in the third grade. | 22062 |
| (3) Administer the tests prescribed under division (A)(1)(b) | 22063 |
| of section 3301.0710 of the Revised Code at least once annually to | 22064 |
| all students in the fourth grade. | 22065 |
| (4) Administer the tests prescribed under division (A)(1)(c) | 22066 |
| of section 3301.0710 of the Revised Code at least once annually to | 22067 |
| all students in the fifth grade. | 22068 |
| (5) Administer the tests prescribed under division (A)(1)(d) | 22069 |
| of section 3301.0710 of the Revised Code at least once annually to | 22070 |
| all students in the sixth grade. | 22071 |
| (6) Administer the tests prescribed under division (A)(1)(e) | 22072 |
| of section 3301.0710 of the Revised Code at least once annually to | 22073 |
| all students in the seventh grade. | 22074 |
| (7) Administer the tests prescribed under division (A)(1)(f) | 22075 |
| of section 3301.0710 of the Revised Code at least once annually to | 22076 |
| all students in the eighth grade. | 22077 |
| (8) Except as provided in division (B)(9) of this section, | 22078 |
| administer any test prescribed under division (B) of section | 22079 |
| 3301.0710 of the Revised Code as follows: | 22080 |
| (a) At least once annually to all tenth grade students and at | 22081 |
| least twice annually to all students in eleventh or twelfth grade | 22082 |
| who have not yet attained the score on that test designated under | 22083 |
| that division; | 22084 |
| (b) To any person who has successfully completed the | 22085 |
| curriculum in any high school or the individualized education | 22086 |
| program developed for the person by any high school pursuant to | 22087 |
| section 3323.08 of the Revised Code but has not received a high | 22088 |
| school diploma and who requests to take such test, at any time | 22089 |
| such test is administered in the district. | 22090 |
| (9) In lieu of the board of education of any city, local, or | 22091 |
| exempted village school district in which the student is also | 22092 |
| enrolled, the board of a joint vocational school district shall | 22093 |
| administer any test prescribed under division (B) of section | 22094 |
| 3301.0710 of the Revised Code at least twice annually to any | 22095 |
| student enrolled in the joint vocational school district who has | 22096 |
| not yet attained the score on that test designated under that | 22097 |
| division. A board of a joint vocational school district may also | 22098 |
| administer such a test to any student described in division | 22099 |
| (B)(8)(b) of this section. | 22100 |
| (10) If the district has been declared to be under an | 22101 |
| academic watch or in a state of academic emergency pursuant to | 22102 |
| section 3302.03 of the Revised Code or has a three-year average | 22103 |
| graduation rate of not more than seventy-five per cent, administer | 22104 |
| each test prescribed by division (F) of section 3301.0710 of the | 22105 |
| Revised Code in September to all ninth grade students, beginning | 22106 |
| in the school year that starts July 1, 2005. | 22107 |
| (C)(1)(a) Any student receiving special education services | 22108 |
| under Chapter 3323. of the Revised Code may be excused from taking | 22109 |
| any particular test required to be administered under this section | 22110 |
| if the individualized education program developed for the student | 22111 |
| pursuant to section 3323.08 of the Revised Code excuses the | 22112 |
| student from taking that test and instead specifies an alternate | 22113 |
| assessment method approved by the department of education as | 22114 |
| conforming to requirements of federal law for receipt of federal | 22115 |
| funds for disadvantaged pupils. To the extent possible, the | 22116 |
| individualized education program shall not excuse the student from | 22117 |
| taking a test unless no reasonable accommodation can be made to | 22118 |
| enable the student to take the test. | 22119 |
| (b) Any alternate assessment approved by the department for a | 22120 |
| student under this division shall produce measurable results | 22121 |
| comparable to those produced by the tests which the alternate | 22122 |
| assessments are replacing in order to allow for the student's | 22123 |
| assessment results to be included in the data compiled for a | 22124 |
| school district or building under section 3302.03 of the Revised | 22125 |
| Code. | 22126 |
| (c) Any student enrolled in a chartered nonpublic school who | 22127 |
| has been identified, based on an evaluation conducted in | 22128 |
| accordance with section 3323.03 of the Revised Code or section 504 | 22129 |
| of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A. | 22130 |
| 794, as amended, as a child with a disability shall be excused | 22131 |
| from taking any particular test required to be administered under | 22132 |
| this section if a plan developed for the student pursuant to rules | 22133 |
| adopted by the state board excuses the student from taking that | 22134 |
| test. In the case of any student so excused from taking a test, | 22135 |
| the chartered nonpublic school shall not prohibit the student from | 22136 |
| taking the test. | 22137 |
| (2) A district board may, for medical reasons or other good | 22138 |
| cause, excuse a student from taking a test administered under this | 22139 |
| section on the date scheduled, but any such test shall be | 22140 |
| administered to such excused student not later than nine days | 22141 |
| following the scheduled date. The board shall annually report the | 22142 |
| number of students who have not taken one or more of the tests | 22143 |
| required by this section to the state board of education not later | 22144 |
| than the thirtieth day of June. | 22145 |
| (3) As used in this division, "limited English proficient | 22146 |
| student" has the same meaning as in 20 U.S.C. 7801. | 22147 |
| No school district board shall excuse any limited English | 22148 |
| proficient student from taking any particular test required to be | 22149 |
| administered under this section, except that any limited English | 22150 |
| proficient student who has been enrolled in United States schools | 22151 |
| for less than one full school year shall not be required to take | 22152 |
| any such reading or writing test. However, no board shall prohibit | 22153 |
| a limited English proficient student who is not required to take a | 22154 |
| test under this division from taking the test. A board may permit | 22155 |
| any limited English proficient student to take any test required | 22156 |
| to be administered under this section with appropriate | 22157 |
| accommodations, as determined by the department. For each limited | 22158 |
| English proficient student, each school district shall annually | 22159 |
| assess that student's progress in learning English, in accordance | 22160 |
| with procedures approved by the department. | 22161 |
| The governing authority of a chartered nonpublic school may | 22162 |
| excuse a limited English proficient student from taking any test | 22163 |
| administered under this section. However, no governing authority | 22164 |
| shall prohibit a limited English proficient student from taking | 22165 |
| the test. | 22166 |
| (D)(1) In the school year next succeeding the school year in | 22167 |
| which the tests prescribed by division (A)(1) or (B) of section | 22168 |
| 3301.0710 of the Revised Code or former division (A)(1), (A)(2), | 22169 |
| or (B) of section 3301.0710 of the Revised Code as it existed | 22170 |
| prior to September 11, 2001, are administered to any student, the | 22171 |
| board of education of any school district in which the student is | 22172 |
| enrolled in that year shall provide to the student intervention | 22173 |
| services commensurate with the student's test performance, | 22174 |
| including any intensive intervention required under section | 22175 |
| 3313.608 of the Revised Code, in any skill in which the student | 22176 |
| failed to demonstrate at least a score at the proficient level on | 22177 |
| the test. | 22178 |
| (2) Following any administration of the tests prescribed by | 22179 |
| division (F) of section 3301.0710 of the Revised Code to ninth | 22180 |
| grade students, each school district that has a three-year average | 22181 |
| graduation rate of not more than seventy-five per cent shall | 22182 |
| determine for each high school in the district whether the school | 22183 |
| shall be required to provide intervention services to any students | 22184 |
| who took the tests. In determining which high schools shall | 22185 |
| provide intervention services based on the resources available, | 22186 |
| the district shall consider each school's graduation rate and | 22187 |
| scores on the practice tests. The district also shall consider the | 22188 |
| scores received by ninth grade students on the reading and | 22189 |
| mathematics tests prescribed under division (A)(1)(f) of section | 22190 |
| 3301.0710 of the Revised Code in the eighth grade in determining | 22191 |
| which high schools shall provide intervention services. | 22192 |
| Each high school selected to provide intervention services | 22193 |
| under this division shall provide intervention services to any | 22194 |
| student whose test results indicate that the student is failing to | 22195 |
| make satisfactory progress toward being able to attain scores at | 22196 |
| the proficient level on the Ohio graduation tests. Intervention | 22197 |
| services shall be provided in any skill in which a student | 22198 |
| demonstrates unsatisfactory progress and shall be commensurate | 22199 |
| with the student's test performance. Schools shall provide the | 22200 |
| intervention services prior to the end of the school year, during | 22201 |
| the summer following the ninth grade, in the next succeeding | 22202 |
| school year, or at any combination of those times. | 22203 |
| (E) Except as provided in section 3313.608 of the Revised | 22204 |
| Code and division (M) of this section, no school district board of | 22205 |
| education shall utilize any student's failure to attain a | 22206 |
| specified score on any test administered under this section as a | 22207 |
| factor in any decision to deny the student promotion to a higher | 22208 |
| grade level. However, a district board may choose not to promote | 22209 |
| to the next grade level any student who does not take any test | 22210 |
| administered under this section or make up such test as provided | 22211 |
| by division (C)(2) of this section and who is not exempt from the | 22212 |
| requirement to take the test under division (C)(3) of this | 22213 |
| section. | 22214 |
| (F) No person shall be charged a fee for taking any test | 22215 |
| administered under this section. | 22216 |
| (G) | 22217 |
| 22218 | |
| 22219 | |
| the tests administered in the spring under division (B)(1) of this | 22220 |
| section and the tests administered under divisions (B)(2) to (7) | 22221 |
| of this section to the entity with which the department contracts | 22222 |
| for the scoring of the tests not later than the Friday after the | 22223 |
| tests are administered, except that any such test that a student | 22224 |
| takes during the make-up period described in division (C)(2) of | 22225 |
| this section shall be submitted not later than the Friday | 22226 |
| following the day the student takes the test. | 22227 |
| (2) The department or an entity with which the department | 22228 |
| contracts for the scoring of the test shall send to each school | 22229 |
| district board a list of the individual test scores of all persons | 22230 |
| taking | 22231 |
| section 3301.0710 of the Revised Code within sixty days after its | 22232 |
| administration, but in no case shall the scores be returned later | 22233 |
| than the fifteenth day of June following the administration. For | 22234 |
| any tests administered under this section by a joint vocational | 22235 |
| school district, the department or entity shall also send to each | 22236 |
| city, local, or exempted village school district a list of the | 22237 |
| individual test scores of any students of such city, local, or | 22238 |
| exempted village school district who are attending school in the | 22239 |
| joint vocational school district. | 22240 |
| (H) Individual test scores on any tests administered under | 22241 |
| this section shall be released by a district board only in | 22242 |
| accordance with section 3319.321 of the Revised Code and the rules | 22243 |
| adopted under division (A) of this section. No district board or | 22244 |
| its employees shall utilize individual or aggregate test results | 22245 |
| in any manner that conflicts with rules for the ethical use of | 22246 |
| tests adopted pursuant to division (A) of this section. | 22247 |
| (I) Except as provided in division (G) of this section, the | 22248 |
| department or an entity with which the department contracts for | 22249 |
| the scoring of the test shall not release any individual test | 22250 |
| scores on
any
test administered under this section | 22251 |
| board of education shall adopt rules to ensure the protection of | 22252 |
| student confidentiality at all times. The rules may require the | 22253 |
| use of the data verification codes assigned to students pursuant | 22254 |
| to division (D)(2) of section 3301.0714 of the Revised Code to | 22255 |
| protect the confidentiality of student test scores. | 22256 |
| (J) Notwithstanding division (D) of section 3311.52 of the | 22257 |
| Revised Code, this section does not apply to the board of | 22258 |
| education of any cooperative education school district except as | 22259 |
| provided under rules adopted pursuant to this division. | 22260 |
| (1) In accordance with rules that the state board of | 22261 |
| education shall adopt, the board of education of any city, | 22262 |
| exempted village, or local school district with territory in a | 22263 |
| cooperative education school district established pursuant to | 22264 |
| divisions (A) to (C) of section 3311.52 of the Revised Code may | 22265 |
| enter into an agreement with the board of education of the | 22266 |
| cooperative education school district for administering any test | 22267 |
| prescribed under this section to students of the city, exempted | 22268 |
| village, or local school district who are attending school in the | 22269 |
| cooperative education school district. | 22270 |
| (2) In accordance with rules that the state board of | 22271 |
| education shall adopt, the board of education of any city, | 22272 |
| exempted village, or local school district with territory in a | 22273 |
| cooperative education school district established pursuant to | 22274 |
| section 3311.521 of the Revised Code shall enter into an agreement | 22275 |
| with the cooperative district that provides for the administration | 22276 |
| of any test prescribed under this section to both of the | 22277 |
| following: | 22278 |
| (a) Students who are attending school in the cooperative | 22279 |
| district and who, if the cooperative district were not | 22280 |
| established, would be entitled to attend school in the city, | 22281 |
| local, or exempted village school district pursuant to section | 22282 |
| 3313.64 or 3313.65 of the Revised Code; | 22283 |
| (b) Persons described in division (B)(8)(b) of this section. | 22284 |
| Any testing of students pursuant to such an agreement shall | 22285 |
| be in lieu of any testing of such students or persons pursuant to | 22286 |
| this section. | 22287 |
| (K)(1) Any chartered nonpublic school may participate in the | 22288 |
| testing program by administering any of the tests prescribed by | 22289 |
| section 3301.0710 or 3301.0712 of the Revised Code if the chief | 22290 |
| administrator of the school specifies which tests the school | 22291 |
| wishes to administer. Such specification shall be made in writing | 22292 |
| to the superintendent of public instruction prior to the first day | 22293 |
| of August of any school year in which tests are administered and | 22294 |
| shall include a pledge that the nonpublic school will administer | 22295 |
| the specified tests in the same manner as public schools are | 22296 |
| required to do under this section and rules adopted by the | 22297 |
| department. | 22298 |
| (2) The department of education shall furnish the tests | 22299 |
| prescribed by section 3301.0710 or 3301.0712 of the Revised Code | 22300 |
| to any chartered nonpublic school electing to participate under | 22301 |
| this division. | 22302 |
| (L)(1) The superintendent of the state school for the blind | 22303 |
| and the superintendent of the state school for the deaf shall | 22304 |
| administer the tests described by section 3301.0710 of the Revised | 22305 |
| Code. Each superintendent shall administer the tests in the same | 22306 |
| manner as district boards are required to do under this section | 22307 |
| and rules adopted by the department of education and in conformity | 22308 |
| with division (C)(1)(a) of this section. | 22309 |
| (2) The department of education shall furnish the tests | 22310 |
| described by section 3301.0710 of the Revised Code to each | 22311 |
| superintendent. | 22312 |
| (M) Notwithstanding division (E) of this section, a school | 22313 |
| district may use a student's failure to attain a score in at least | 22314 |
| the basic range on the mathematics test described by division | 22315 |
| (A)(1)(a) of section 3301.0710 of the Revised Code or on any of | 22316 |
| the tests described by division (A)(1)(b), (c), (d), (e), or (f) | 22317 |
| of section 3301.0710 of the Revised Code as a factor in retaining | 22318 |
| that student in the current grade level. | 22319 |
| (N)(1) | 22320 |
| of this section, the tests required by section 3301.0710 of the | 22321 |
| Revised Code shall become public records pursuant to section | 22322 |
| 149.43 of the Revised Code on the first day of July following the | 22323 |
| school year that the test was administered, except that the | 22324 |
| reading test prescribed under division (A)(1)(a) of section | 22325 |
| 3301.0710 of the Revised Code shall become a public record on the | 22326 |
| sixteenth day of July following the school year that the test was | 22327 |
| administered. | 22328 |
| (2) The department may field test proposed test questions | 22329 |
| with samples of students to determine the validity, reliability, | 22330 |
| or appropriateness of test questions for possible inclusion in a | 22331 |
| future year's test. The department also may use anchor questions | 22332 |
| on tests to ensure that different versions of the same test are of | 22333 |
| comparable difficulty. | 22334 |
| Field test questions and anchor questions shall not be | 22335 |
| considered in computing test scores for individual students. Field | 22336 |
| test questions and anchor questions may be included as part of the | 22337 |
| administration of any test required by section 3301.0710 of the | 22338 |
| Revised Code. | 22339 |
| (3) Any field test question or anchor question administered | 22340 |
| under division (N)(2) of this section shall not be a public | 22341 |
| record. Such field test questions and anchor questions shall be | 22342 |
| redacted from any tests which are released as a public record | 22343 |
| pursuant to division (N)(1) of this section. | 22344 |
| (4) This division applies to the tests prescribed by division | 22345 |
| (A) of section 3301.0710 of the Revised Code. | 22346 |
| (a) The first administration of each test, as specified in | 22347 |
| section 3301.0712 of the Revised Code, shall be a public record. | 22348 |
| (b) For subsequent administrations of each test, not less | 22349 |
| than forty per cent of the questions on the test that are used to | 22350 |
| compute a student's score shall be a public record. The department | 22351 |
| shall determine which questions will be needed for reuse on a | 22352 |
| future test and those questions shall not be public records and | 22353 |
| shall be redacted from the test prior to its release as a public | 22354 |
| record. | 22355 |
| (5) Each test prescribed by division (B) of section 3301.0710 | 22356 |
| of the Revised Code that is administered in the spring shall be a | 22357 |
| public record. Each test prescribed by that division that is | 22358 |
| administered in the fall or summer shall not be a public record. | 22359 |
| (O) As used in this section: | 22360 |
| (1) "Three-year average" means the average of the most recent | 22361 |
| consecutive three school years of data. | 22362 |
| (2) "Dropout" means a student who withdraws from school | 22363 |
| before completing course requirements for graduation and who is | 22364 |
| not enrolled in an education program approved by the state board | 22365 |
| of education or an education program outside the state. "Dropout" | 22366 |
| does not include a student who has departed the country. | 22367 |
| (3) "Graduation rate" means the ratio of students receiving a | 22368 |
| diploma to the number of students who entered ninth grade four | 22369 |
| years earlier. Students who transfer into the district are added | 22370 |
| to the calculation. Students who transfer out of the district for | 22371 |
| reasons other than dropout are subtracted from the calculation. If | 22372 |
| a student who was a dropout in any previous year returns to the | 22373 |
| same school district, that student shall be entered into the | 22374 |
| calculation as if the student had entered ninth grade four years | 22375 |
| before the graduation year of the graduating class that the | 22376 |
| student joins. | 22377 |
| Sec. 3301.0714. (A) The state board of education shall adopt | 22378 |
| rules for a statewide education management information system. The | 22379 |
| rules shall require the state board to establish guidelines for | 22380 |
| the establishment and maintenance of the system in accordance with | 22381 |
| this section and the rules adopted under this section. The | 22382 |
| guidelines shall include: | 22383 |
| (1) Standards identifying and defining the types of data in | 22384 |
| the system in accordance with divisions (B) and (C) of this | 22385 |
| section; | 22386 |
| (2) Procedures for annually collecting and reporting the data | 22387 |
| to the state board in accordance with division (D) of this | 22388 |
| section; | 22389 |
| (3) Procedures for annually compiling the data in accordance | 22390 |
| with division (G) of this section; | 22391 |
| (4) Procedures for annually reporting the data to the public | 22392 |
| in accordance with division (H) of this section. | 22393 |
| (B) The guidelines adopted under this section shall require | 22394 |
| the data maintained in the education management information system | 22395 |
| to include at least the following: | 22396 |
| (1) Student participation and performance data, for each | 22397 |
| grade in each school district as a whole and for each grade in | 22398 |
| each school building in each school district, that includes: | 22399 |
| (a) The numbers of students receiving each category of | 22400 |
| instructional service offered by the school district, such as | 22401 |
| regular education instruction, vocational education instruction, | 22402 |
| specialized instruction programs or enrichment instruction that is | 22403 |
| part of the educational curriculum, instruction for gifted | 22404 |
| students, instruction for handicapped students, and remedial | 22405 |
| instruction. The guidelines shall require instructional services | 22406 |
| under this division to be divided into discrete categories if an | 22407 |
| instructional service is limited to a specific subject, a specific | 22408 |
| type of student, or both, such as regular instructional services | 22409 |
| in mathematics, remedial reading instructional services, | 22410 |
| instructional services specifically for students gifted in | 22411 |
| mathematics or some other subject area, or instructional services | 22412 |
| for students with a specific type of handicap. The categories of | 22413 |
| instructional services required by the guidelines under this | 22414 |
| division shall be the same as the categories of instructional | 22415 |
| services used in determining cost units pursuant to division | 22416 |
| (C)(3) of this section. | 22417 |
| (b) The numbers of students receiving support or | 22418 |
| extracurricular services for each of the support services or | 22419 |
| extracurricular programs offered by the school district, such as | 22420 |
| counseling services, health services, and extracurricular sports | 22421 |
| and fine arts programs. The categories of services required by the | 22422 |
| guidelines under this division shall be the same as the categories | 22423 |
| of services used in determining cost units pursuant to division | 22424 |
| (C)(4)(a) of this section. | 22425 |
| (c) Average student grades in each subject in grades nine | 22426 |
| through twelve; | 22427 |
| (d) Academic achievement levels as assessed by the testing of | 22428 |
| student achievement under sections 3301.0710 and 3301.0711 of the | 22429 |
| Revised Code; | 22430 |
| (e) The number of students designated as having a | 22431 |
| handicapping condition pursuant to division (C)(1) of section | 22432 |
| 3301.0711 of the Revised Code; | 22433 |
| (f) The numbers of students reported to the state board | 22434 |
| pursuant to division (C)(2) of section 3301.0711 of the Revised | 22435 |
| Code; | 22436 |
| (g) Attendance rates and the average daily attendance for the | 22437 |
| year. For purposes of this division, a student shall be counted as | 22438 |
| present for any field trip that is approved by the school | 22439 |
| administration. | 22440 |
| (h) Expulsion rates; | 22441 |
| (i) Suspension rates; | 22442 |
| (j) The percentage of students receiving corporal punishment; | 22443 |
| (k) Dropout rates; | 22444 |
| (l) Rates of retention in grade; | 22445 |
| (m) For pupils in grades nine through twelve, the average | 22446 |
| number of carnegie units, as calculated in accordance with state | 22447 |
| board of education rules; | 22448 |
| (n) Graduation rates, to be calculated in a manner specified | 22449 |
| by the department of education that reflects the rate at which | 22450 |
| students who were in the ninth grade three years prior to the | 22451 |
| current year complete school and that is consistent with | 22452 |
| nationally accepted reporting requirements; | 22453 |
| (o) Results of diagnostic assessments administered to | 22454 |
| kindergarten students as required under section 3301.0715 of the | 22455 |
| Revised Code to permit a comparison of the academic readiness of | 22456 |
| kindergarten students. However, no district shall be required to | 22457 |
| report to the department the results of any diagnostic assessment | 22458 |
| administered to a kindergarten student if the parent of that | 22459 |
| student requests the district not to report those results. | 22460 |
| (2) Personnel and classroom enrollment data for each school | 22461 |
| district, including: | 22462 |
| (a) The total numbers of licensed employees and nonlicensed | 22463 |
| employees and the numbers of full-time equivalent licensed | 22464 |
| employees and nonlicensed employees providing each category of | 22465 |
| instructional service, instructional support service, and | 22466 |
| administrative support service used pursuant to division (C)(3) of | 22467 |
| this section. The guidelines adopted under this section shall | 22468 |
| require these categories of data to be maintained for the school | 22469 |
| district as a whole and, wherever applicable, for each grade in | 22470 |
| the school district as a whole, for each school building as a | 22471 |
| whole, and for each grade in each school building. | 22472 |
| (b) The total number of employees and the number of full-time | 22473 |
| equivalent employees providing each category of service used | 22474 |
| pursuant to divisions (C)(4)(a) and (b) of this section, and the | 22475 |
| total numbers of licensed employees and nonlicensed employees and | 22476 |
| the numbers of full-time equivalent licensed employees and | 22477 |
| nonlicensed employees providing each category used pursuant to | 22478 |
| division (C)(4)(c) of this section. The guidelines adopted under | 22479 |
| this section shall require these categories of data to be | 22480 |
| maintained for the school district as a whole and, wherever | 22481 |
| applicable, for each grade in the school district as a whole, for | 22482 |
| each school building as a whole, and for each grade in each school | 22483 |
| building. | 22484 |
| (c) The total number of regular classroom teachers teaching | 22485 |
| classes of regular education and the average number of pupils | 22486 |
| enrolled in each such class, in each of grades kindergarten | 22487 |
| through five in the district as a whole and in each school | 22488 |
| building in the school district. | 22489 |
| (d) The number of master teachers employed by each school | 22490 |
| district and each school building, once a definition of master | 22491 |
| teacher has been developed by the educator standards board | 22492 |
| pursuant to section 3319.61 of the Revised Code. | 22493 |
| (3)(a) Student demographic data for each school district, | 22494 |
| including information regarding the gender ratio of the school | 22495 |
| district's pupils, the racial make-up of the school district's | 22496 |
| pupils, the number of limited English proficient students in the | 22497 |
| district, and an appropriate measure of the number of the school | 22498 |
| district's pupils who reside in economically disadvantaged | 22499 |
| households. The demographic data shall be collected in a manner to | 22500 |
| allow correlation with data collected under division (B)(1) of | 22501 |
| this section. Categories for data collected pursuant to division | 22502 |
| (B)(3) of this section shall conform, where appropriate, to | 22503 |
| standard practices of agencies of the federal government. | 22504 |
| (b) With respect to each student entering kindergarten, | 22505 |
| whether the student previously participated in a public preschool | 22506 |
| program, a private preschool program, or a head start program, and | 22507 |
| the number of years the student participated in each of these | 22508 |
| programs. | 22509 |
| (4) Any data required to be collected pursuant to federal | 22510 |
| law. | 22511 |
| (C) The education management information system shall include | 22512 |
| cost accounting data for each district as a whole and for each | 22513 |
| school building in each school district. The guidelines adopted | 22514 |
| under this section shall require the cost data for each school | 22515 |
| district to be maintained in a system of mutually exclusive cost | 22516 |
| units and shall require all of the costs of each school district | 22517 |
| to be divided among the cost units. The guidelines shall require | 22518 |
| the system of mutually exclusive cost units to include at least | 22519 |
| the following: | 22520 |
| (1) Administrative costs for the school district as a whole. | 22521 |
| The guidelines shall require the cost units under this division | 22522 |
| (C)(1) to be designed so that each of them may be compiled and | 22523 |
| reported in terms of average expenditure per pupil in formula ADM | 22524 |
| in the school district, as determined pursuant to section 3317.03 | 22525 |
| of the Revised Code. | 22526 |
| (2) Administrative costs for each school building in the | 22527 |
| school district. The guidelines shall require the cost units under | 22528 |
| this division (C)(2) to be designed so that each of them may be | 22529 |
| compiled and reported in terms of average expenditure per | 22530 |
| full-time equivalent pupil receiving instructional or support | 22531 |
| services in each building. | 22532 |
| (3) Instructional services costs for each category of | 22533 |
| instructional service provided directly to students and required | 22534 |
| by guidelines adopted pursuant to division (B)(1)(a) of this | 22535 |
| section. The guidelines shall require the cost units under | 22536 |
| division (C)(3) of this section to be designed so that each of | 22537 |
| them may be compiled and reported in terms of average expenditure | 22538 |
| per pupil receiving the service in the school district as a whole | 22539 |
| and average expenditure per pupil receiving the service in each | 22540 |
| building in the school district and in terms of a total cost for | 22541 |
| each category of service and, as a breakdown of the total cost, a | 22542 |
| cost for each of the following components: | 22543 |
| (a) The cost of each instructional services category required | 22544 |
| by guidelines adopted under division (B)(1)(a) of this section | 22545 |
| that is provided directly to students by a classroom teacher; | 22546 |
| (b) The cost of the instructional support services, such as | 22547 |
| services provided by a speech-language pathologist, classroom | 22548 |
| aide, multimedia aide, or librarian, provided directly to students | 22549 |
| in conjunction with each instructional services category; | 22550 |
| (c) The cost of the administrative support services related | 22551 |
| to each instructional services category, such as the cost of | 22552 |
| personnel that develop the curriculum for the instructional | 22553 |
| services category and the cost of personnel supervising or | 22554 |
| coordinating the delivery of the instructional services category. | 22555 |
| (4) Support or extracurricular services costs for each | 22556 |
| category of service directly provided to students and required by | 22557 |
| guidelines adopted pursuant to division (B)(1)(b) of this section. | 22558 |
| The guidelines shall require the cost units under division (C)(4) | 22559 |
| of this section to be designed so that each of them may be | 22560 |
| compiled and reported in terms of average expenditure per pupil | 22561 |
| receiving the service in the school district as a whole and | 22562 |
| average expenditure per pupil receiving the service in each | 22563 |
| building in the school district and in terms of a total cost for | 22564 |
| each category of service and, as a breakdown of the total cost, a | 22565 |
| cost for each of the following components: | 22566 |
| (a) The cost of each support or extracurricular services | 22567 |
| category required by guidelines adopted under division (B)(1)(b) | 22568 |
| of this section that is provided directly to students by a | 22569 |
| licensed employee, such as services provided by a guidance | 22570 |
| counselor or any services provided by a licensed employee under a | 22571 |
| supplemental contract; | 22572 |
| (b) The cost of each such services category provided directly | 22573 |
| to students by a nonlicensed employee, such as janitorial | 22574 |
| services, cafeteria services, or services of a sports trainer; | 22575 |
| (c) The cost of the administrative services related to each | 22576 |
| services category in division (C)(4)(a) or (b) of this section, | 22577 |
| such as the cost of any licensed or nonlicensed employees that | 22578 |
| develop, supervise, coordinate, or otherwise are involved in | 22579 |
| administering or aiding the delivery of each services category. | 22580 |
| (D)(1) The guidelines adopted under this section shall | 22581 |
| require school districts to collect information about individual | 22582 |
| students, staff members, or both in connection with any data | 22583 |
| required by division (B) or (C) of this section or other reporting | 22584 |
| requirements established in the Revised Code. The guidelines may | 22585 |
| also require school districts to report information about | 22586 |
| individual staff members in connection with any data required by | 22587 |
| division (B) or (C) of this section or other reporting | 22588 |
| requirements established in the Revised Code. The guidelines shall | 22589 |
| not authorize school districts to request social security numbers | 22590 |
| of individual students. The guidelines shall prohibit the | 22591 |
| reporting under this section of a student's name, address, and | 22592 |
| social security number to the state board of education or the | 22593 |
| department of education. The guidelines shall also prohibit the | 22594 |
| reporting under this section of any personally identifiable | 22595 |
| information about any student, except for the purpose of assigning | 22596 |
| the data verification code required by division (D)(2) of this | 22597 |
| section, to any other person unless such person is employed by the | 22598 |
| school district or the data acquisition site operated under | 22599 |
| section 3301.075 of the Revised Code and is authorized by the | 22600 |
| district or acquisition site to have access to such information or | 22601 |
| is employed by an entity with which the department contracts for | 22602 |
| the scoring of tests administered under section 3301.0711 or | 22603 |
| 3301.0712 of the Revised Code. The guidelines may require school | 22604 |
| districts to provide the social security numbers of individual | 22605 |
| staff members. | 22606 |
| (2) The guidelines shall provide for each school district or | 22607 |
| community school to assign a data verification code that is unique | 22608 |
| on a statewide basis over time to each student whose initial Ohio | 22609 |
| enrollment is in that district or school and to report all | 22610 |
| required individual student data for that student utilizing such | 22611 |
| code. The guidelines shall also provide for assigning data | 22612 |
| verification codes to all students enrolled in districts or | 22613 |
| community schools on the effective date of the guidelines | 22614 |
| established under this section. | 22615 |
| Individual student data shall be reported to the department | 22616 |
| through the data acquisition sites utilizing the code but at no | 22617 |
| time shall the state board or the department have access to | 22618 |
| information that would enable any data verification code to be | 22619 |
| matched to personally identifiable student data. | 22620 |
| Each school district shall ensure that the data verification | 22621 |
| code is included in the student's records reported to any | 22622 |
| subsequent school district or community school in which the | 22623 |
| student enrolls. Any such subsequent district or school shall | 22624 |
| utilize the same identifier in its reporting of data under this | 22625 |
| section. | 22626 |
| (E) The guidelines adopted under this section may require | 22627 |
| school districts to collect and report data, information, or | 22628 |
| reports other than that described in divisions (A), (B), and (C) | 22629 |
| of this section for the purpose of complying with other reporting | 22630 |
| requirements established in the Revised Code. The other data, | 22631 |
| information, or reports may be maintained in the education | 22632 |
| management information system but are not required to be compiled | 22633 |
| as part of the profile formats required under division (G) of this | 22634 |
| section or the annual statewide report required under division (H) | 22635 |
| of this section. | 22636 |
| (F) Beginning with the school year that begins July 1, 1991, | 22637 |
| the board of education of each school district shall annually | 22638 |
| collect and report to the state board, in accordance with the | 22639 |
| guidelines established by the board, the data required pursuant to | 22640 |
| this section. A school district may collect and report these data | 22641 |
| notwithstanding section 2151.358 or 3319.321 of the Revised Code. | 22642 |
| (G) The state board shall, in accordance with the procedures | 22643 |
| it adopts, annually compile the data reported by each school | 22644 |
| district pursuant to division (D) of this section. The state board | 22645 |
| shall design formats for profiling each school district as a whole | 22646 |
| and each school building within each district and shall compile | 22647 |
| the data in accordance with these formats. These profile formats | 22648 |
| shall: | 22649 |
| (1) Include all of the data gathered under this section in a | 22650 |
| manner that facilitates comparison among school districts and | 22651 |
| among school buildings within each school district; | 22652 |
| (2) Present the data on academic achievement levels as | 22653 |
| assessed by the testing of student achievement maintained pursuant | 22654 |
| to division (B)(1)(d) of this section. | 22655 |
| (H)(1) The state board shall, in accordance with the | 22656 |
| procedures it adopts, annually prepare a statewide report for all | 22657 |
| school districts and the general public that includes the profile | 22658 |
| of each of the school districts developed pursuant to division (G) | 22659 |
| of this section. Copies of the report shall be sent to each school | 22660 |
| district. | 22661 |
| (2) The state board shall, in accordance with the procedures | 22662 |
| it adopts, annually prepare an individual report for each school | 22663 |
| district and the general public that includes the profiles of each | 22664 |
| of the school buildings in that school district developed pursuant | 22665 |
| to division (G) of this section. Copies of the report shall be | 22666 |
| sent to the superintendent of the district and to each member of | 22667 |
| the district board of education. | 22668 |
| (3) Copies of the reports received from the state board under | 22669 |
| divisions (H)(1) and (2) of this section shall be made available | 22670 |
| to the general public at each school district's offices. Each | 22671 |
| district board of education shall make copies of each report | 22672 |
| available to any person upon request and payment of a reasonable | 22673 |
| fee for the cost of reproducing the report. The board shall | 22674 |
| annually publish in a newspaper of general circulation in the | 22675 |
| school district, at least twice during the two weeks prior to the | 22676 |
| week in which the reports will first be available, a notice | 22677 |
| containing the address where the reports are available and the | 22678 |
| date on which the reports will be available. | 22679 |
| (I) Any data that is collected or maintained pursuant to this | 22680 |
| section and that identifies an individual pupil is not a public | 22681 |
| record for the purposes of section 149.43 of the Revised Code. | 22682 |
| (J) As used in this section: | 22683 |
| (1) "School district" means any city, local, exempted | 22684 |
| village, or joint vocational school district. | 22685 |
| (2) "Cost" means any expenditure for operating expenses made | 22686 |
| by a school district excluding any expenditures for debt | 22687 |
| retirement except for payments made to any commercial lending | 22688 |
| institution for any loan approved pursuant to section 3313.483 of | 22689 |
| the Revised Code. | 22690 |
| (K) Any person who removes data from the information system | 22691 |
| established under this section for the purpose of releasing it to | 22692 |
| any person not entitled under law to have access to such | 22693 |
| information is subject to section 2913.42 of the Revised Code | 22694 |
| prohibiting tampering with data. | 22695 |
| (L) Any time the department of education determines that a | 22696 |
| school district has taken any of the actions described under | 22697 |
| division (L)(1), (2), or (3) of this section, it shall make a | 22698 |
| report of the actions of the district, send a copy of the report | 22699 |
| to the superintendent of such school district, and maintain a copy | 22700 |
| of the report in its files: | 22701 |
| (1) The school district fails to meet any deadline | 22702 |
| established pursuant to this section for the reporting of any data | 22703 |
| to the education management information system; | 22704 |
| (2) The school district fails to meet any deadline | 22705 |
| established pursuant to this section for the correction of any | 22706 |
| data reported to the education management information system; | 22707 |
| (3) The school district reports data to the education | 22708 |
| management information system in a condition, as determined by the | 22709 |
| department, that indicates that the district did not make a good | 22710 |
| faith effort in reporting the data to the system. | 22711 |
| Any report made under this division shall include | 22712 |
| recommendations for corrective action by the school district. | 22713 |
| Upon making a report for the first time in a fiscal year, the | 22714 |
| department shall withhold ten per cent of the total amount due | 22715 |
| during that fiscal year under Chapter 3317. of the Revised Code to | 22716 |
| the school district to which the report applies. Upon making a | 22717 |
| second report in a fiscal year, the department shall withhold an | 22718 |
| additional twenty per cent of such total amount due during that | 22719 |
| fiscal year to the school district to which the report applies. | 22720 |
| The department shall not release such funds unless it determines | 22721 |
| that the district has taken corrective action. However, no such | 22722 |
| release of funds shall occur if the district fails to take | 22723 |
| corrective action within forty-five days of the date upon which | 22724 |
| the report was made by the department. | 22725 |
| (M) No data acquisition site or school district shall | 22726 |
| acquire, change, or update its student administration software | 22727 |
| package to manage and report data required to be reported to the | 22728 |
| department unless it converts to a student software package that | 22729 |
| is certified by the department. | 22730 |
| (N) The state board of education, in accordance with sections | 22731 |
| 3319.31 and 3319.311 of the Revised Code, may suspend or revoke a | 22732 |
| license as defined under division (A) of section 3319.31 of the | 22733 |
| Revised Code that has been issued to any school district employee | 22734 |
| found to have willfully reported erroneous, inaccurate, or | 22735 |
| incomplete data to the education management information system. | 22736 |
| (O) No person shall release or maintain any information about | 22737 |
| any student in violation of this section. Whoever violates this | 22738 |
| division is guilty of a misdemeanor of the fourth degree. | 22739 |
| (P) The department shall disaggregate the data collected | 22740 |
| under division (B)(1)(o) of this section according to the race and | 22741 |
| socioeconomic status of the students assessed. No data collected | 22742 |
| under that division shall be included on the report cards required | 22743 |
| by section 3302.03 of the Revised Code. | 22744 |
| (Q) If the department cannot compile any of the information | 22745 |
| required by division (C)(5) of section 3302.03 of the Revised Code | 22746 |
| based upon the data collected under this section, the department | 22747 |
| shall develop a plan and a reasonable timeline for the collection | 22748 |
| of any data necessary to comply with that division. | 22749 |
| Sec. 3301.0715. (A) Except as provided in division (E) of | 22750 |
| this section, the board of education of each city, local, and | 22751 |
| exempted village school district shall administer each applicable | 22752 |
| diagnostic assessment developed and provided to the district in | 22753 |
| accordance with section 3301.079 of the Revised Code to the | 22754 |
| following: | 22755 |
| (1) Each student enrolled in a building subject to division | 22756 |
| (E) of section 3302.04 of the Revised Code; | 22757 |
| (2) Any student who transfers into the district or to a | 22758 |
| different school within the district if each applicable diagnostic | 22759 |
| assessment was not administered by the district or school the | 22760 |
| student previously attended in the current school year, within | 22761 |
| thirty days after the date of transfer. If the district or school | 22762 |
| into which the student transfers cannot determine whether the | 22763 |
| student has taken any applicable diagnostic assessment in the | 22764 |
| current school year, the district or school may administer the | 22765 |
| diagnostic assessment to the student. | 22766 |
| (3) Each kindergarten student, not later than six weeks after | 22767 |
| the first day of school. For the purpose of division (A)(3) of | 22768 |
| this section, the district shall administer the kindergarten | 22769 |
| readiness assessment provided by the department of education. The | 22770 |
| district may administer the readiness assessment to a student | 22771 |
| prior to the student's enrollment in kindergarten, but in no case | 22772 |
| shall the results of the readiness assessment be used to prohibit | 22773 |
| the student from enrolling in kindergarten. | 22774 |
| (4) Each student enrolled in first or second grade. | 22775 |
| (B) Each district board shall administer each diagnostic | 22776 |
| assessment as the board deems appropriate. However, the board | 22777 |
| shall administer any diagnostic assessment at least once annually | 22778 |
| to all students in the appropriate grade level. A district board | 22779 |
| may administer any diagnostic assessment in the fall and spring of | 22780 |
| a school year to measure the amount of academic growth | 22781 |
| attributable to the instruction received by students during that | 22782 |
| school year. | 22783 |
| (C) Each district board shall utilize and score any | 22784 |
| diagnostic assessment administered under division (A) of this | 22785 |
| section in accordance with rules established by the department. | 22786 |
| Except as required by division (B)(1)(o) of section 3301.0714 of | 22787 |
| the Revised Code, neither the state board of education nor the | 22788 |
| department shall require school districts to report the results of | 22789 |
| diagnostic assessments for any students to the department or to | 22790 |
| make any such results available in any form to the public. After | 22791 |
| the administration of any diagnostic assessment, each district | 22792 |
| shall provide a student's completed diagnostic assessment, the | 22793 |
| results of such assessment, and any other accompanying documents | 22794 |
| used during the administration of the assessment to the parent of | 22795 |
| that student upon the parent's request. | 22796 |
| (D) Each district board shall provide intervention services | 22797 |
| to students whose diagnostic assessments show that they are | 22798 |
| failing to make satisfactory progress toward attaining the | 22799 |
| academic standards for their grade level. | 22800 |
| (E) Any district that made adequate yearly progress, as | 22801 |
| defined in section 3302.01 of the Revised Code, in the immediately | 22802 |
| preceding school year may assess student progress in grades one | 22803 |
| through | 22804 |
| diagnostic assessment required by division (A) of this section. | 22805 |
| (F) A district board may administer | 22806 |
| writing diagnostic assessment provided to the district in | 22807 |
| accordance with section 3301.079 of the Revised Code to any | 22808 |
| student enrolled in a building that is not subject to division | 22809 |
| (A)(1) of this section. Any district electing to administer the | 22810 |
| diagnostic | 22811 |
| shall provide intervention services to any such student whose | 22812 |
| diagnostic assessment shows unsatisfactory progress toward | 22813 |
| attaining the academic standards for the student's grade level. | 22814 |
| Sec. 3301.12. (A) The superintendent of public instruction | 22815 |
| in addition to the authority otherwise imposed on
| 22816 |
| superintendent, shall perform the following duties: | 22817 |
| (1) | 22818 |
| professional assistance and advice to all school districts in | 22819 |
| reference to all aspects of education, including finance, | 22820 |
| buildings and equipment, administration, organization of school | 22821 |
| districts, curriculum and instruction, transportation of pupils, | 22822 |
| personnel problems, and the interpretation of school laws and | 22823 |
| state regulations. | 22824 |
| (2) | 22825 |
| preparation and filing of such financial and other reports from | 22826 |
| school districts, officers, and employees as are necessary or | 22827 |
| proper. | 22828 |
| installation by school districts of such standardized reporting | 22829 |
| forms and accounting procedures as are essential to the | 22830 |
| businesslike operations of the public schools of the state. | 22831 |
| (3) | 22832 |
| research projects as are necessary or desirable for the | 22833 |
| improvement of public school education in Ohio, and such as may be | 22834 |
| assigned to | 22835 |
| education. Such studies and projects may include analysis of data | 22836 |
| contained in the education management information system | 22837 |
| established under section 3301.0714 of the Revised Code. For any | 22838 |
| study or project that requires the analysis of individual student | 22839 |
| data, the department of education or any entity with which the | 22840 |
| superintendent or department contracts to conduct the study or | 22841 |
| project shall maintain the confidentiality of student data at all | 22842 |
| times. For this purpose, the department or contracting entity | 22843 |
| shall use the data verification code assigned pursuant to division | 22844 |
| (D)(2) of section 3301.0714 of the Revised Code for each student | 22845 |
| whose data is analyzed. Except as otherwise provided in division | 22846 |
| (D)(1) of section 3301.0714 of the Revised Code, at no time shall | 22847 |
| the superintendent, the department, the state board of education, | 22848 |
| or any entity conducting a study or research project on the | 22849 |
| superintendent's behalf have access to a student's name, address, | 22850 |
| or social security number while analyzing individual student data. | 22851 |
| (4) | 22852 |
| to the state board of education a report of the activities of the | 22853 |
| department of education and the status, problems, and needs of | 22854 |
| education in the state of Ohio. | 22855 |
| (5) | 22856 |
| which the board exercises administrative control, including | 22857 |
| schools for education of handicapped persons. | 22858 |
| (B) The superintendent of public instruction may annually | 22859 |
| inspect and analyze the expenditures of each school district and | 22860 |
| make a determination as to the efficiency of each district's | 22861 |
| costs, relative to other school districts in the state, for | 22862 |
| instructional, administrative, and student support services. The | 22863 |
| superintendent shall notify each school district as to the nature | 22864 |
|
of, and reasons for, | 22865 |
| education shall adopt rules in accordance with Chapter 119. of the | 22866 |
| Revised Code setting forth the procedures and standards for the | 22867 |
| performance of the inspection and analysis. | 22868 |
| Sec. 3301.16. Pursuant to standards prescribed by the state | 22869 |
| board of education as provided in division (D) of section 3301.07 | 22870 |
| of the Revised Code, the state board shall classify and charter | 22871 |
| school districts and individual schools within each district | 22872 |
| except that no charter shall be granted to a nonpublic school | 22873 |
| unless pursuant to division (K) of section 3301.0711 of the | 22874 |
| Revised Code the school elects to administer the tests prescribed | 22875 |
| by division (B) of section 3301.0710 of the Revised Code beginning | 22876 |
| July 1, 1995. | 22877 |
| In the course of considering the charter of a new school | 22878 |
| district created under section 3311.26 or 3311.38 of the Revised | 22879 |
| Code, the state board shall require the party proposing creation | 22880 |
| of the district to submit to the board a map, certified by the | 22881 |
| county auditor of the county in which the proposed new district is | 22882 |
| located, showing the boundaries of the proposed new district. In | 22883 |
| the case of a proposed new district located in more than one | 22884 |
| county, the map shall be certified by the county auditor of each | 22885 |
| county in which the proposed district is located. | 22886 |
| The state board shall revoke the charter of any school | 22887 |
| district or school which fails to meet the standards for | 22888 |
| elementary and high schools as prescribed by the board. The state | 22889 |
| board shall also revoke the charter of any nonpublic school that | 22890 |
| does not comply with section 3313.612 of the Revised Code or, on | 22891 |
| or after July 1, 1995, does not participate in the testing program | 22892 |
| prescribed by division (B) of section 3301.0710 of the Revised | 22893 |
| Code. | 22894 |
| In the issuance and revocation of school district or school | 22895 |
| charters, the state board shall be governed by the provisions of | 22896 |
| Chapter 119. of the Revised Code. | 22897 |
| No school district, or individual school operated by a school | 22898 |
| district, shall operate without a charter issued by the state | 22899 |
| board under this section. | 22900 |
| In case a school district charter is revoked pursuant to this | 22901 |
| section, the state board may dissolve the school district and | 22902 |
| transfer its territory to one or more adjacent districts. An | 22903 |
| equitable division of the funds, property, and indebtedness of the | 22904 |
| school district shall be made by the state board among the | 22905 |
| receiving districts. The board of education of a receiving | 22906 |
| district shall accept such territory pursuant to the order of the | 22907 |
| state board. Prior to dissolving the school district, the state | 22908 |
| board shall notify the appropriate educational service center | 22909 |
| governing board and all adjacent school district boards of | 22910 |
| education of its intention to do so. Boards so notified may make | 22911 |
| recommendations to the state board regarding the proposed | 22912 |
| dissolution and subsequent transfer of territory. Except as | 22913 |
| provided in section 3301.161 of the Revised Code, the transfer | 22914 |
| ordered by the state board shall become effective on the date | 22915 |
| specified by the state board, but the date shall be at least | 22916 |
| thirty days following the date of issuance of the order. | 22917 |
| A high school is one of higher grade than an elementary | 22918 |
| school, in which instruction and training are given in accordance | 22919 |
| with sections 3301.07 and 3313.60 of the Revised Code and which | 22920 |
| also offers other subjects of study more advanced than those | 22921 |
| taught in the elementary schools and such other subjects as may be | 22922 |
| approved by the state board of education. | 22923 |
| An elementary school is one in which instruction and training | 22924 |
| are given in accordance with sections 3301.07 and 3313.60 of the | 22925 |
| Revised Code and which offers such other subjects as may be | 22926 |
| approved by the state board of education. In districts wherein a | 22927 |
| junior high school is maintained, the elementary schools in that | 22928 |
| district may be considered to include only the work of the first | 22929 |
| six school years inclusive, plus the kindergarten year. | 22930 |
| Sec. 3301.311. (A) As used in this section, "preschool | 22931 |
| program" has the same meaning as in section 3301.52 of the Revised | 22932 |
| Code. | 22933 |
| | 22934 |
| section, after July 1, 2005, no | 22935 |
| no early childhood education program or early learning program as | 22936 |
| defined by the department of education shall receive any funds | 22937 |
| from the state unless fifty per cent of the staff members employed | 22938 |
| by that program as teachers are working toward an associate degree | 22939 |
| of
a type approved by the department | 22940 |
| 22941 | |
| 22942 | |
| 22943 | |
| 22944 | |
| this section, beginning in fiscal year 2008, no | 22945 |
| preschool program, early childhood education program, or early | 22946 |
| learning program, shall receive any funds from the state unless | 22947 |
| every staff member employed by that program as a teacher has | 22948 |
| attained such a degree. | 22949 |
| (2) After July 1, 2010, no preschool program, and no early | 22950 |
| childhood education program or early learning program as defined | 22951 |
| by the department of education, shall receive any funds from the | 22952 |
| state unless fifty per cent of the staff members employed by the | 22953 |
| program as teachers have attained a bachelor's degree of a type | 22954 |
| approved by the department. | 22955 |
| Sec. 3301.32. (A)(1) The chief administrator of any head | 22956 |
| start agency shall request the superintendent of the bureau of | 22957 |
| criminal identification and investigation to conduct a criminal | 22958 |
| records check with respect to any applicant who has applied to the | 22959 |
| head start agency for employment as a person responsible for the | 22960 |
| care, custody, or control of a child. If the applicant does not | 22961 |
| present proof that the applicant has been a resident of this state | 22962 |
| for the five-year period immediately prior to the date upon which | 22963 |
| the criminal records check is requested or does not provide | 22964 |
| evidence that within that five-year period the superintendent has | 22965 |
| requested information about the applicant from the federal bureau | 22966 |
| of investigation in a criminal records check, the chief | 22967 |
| administrator shall request that the superintendent obtain | 22968 |
| information from the federal bureau of investigation as a part of | 22969 |
| the criminal records check for the applicant. If the applicant | 22970 |
| presents proof that the applicant has been a resident of this | 22971 |
| state for that five-year period, the chief administrator may | 22972 |
| request that the superintendent include information from the | 22973 |
| federal bureau of investigation in the criminal records check. | 22974 |
| (2) Any person required by division (A)(1) of this section to | 22975 |
| request a criminal records check shall provide to each applicant a | 22976 |
| copy of the form prescribed pursuant to division (C)(1) of section | 22977 |
| 109.572 of the Revised Code, provide to each applicant a standard | 22978 |
| impression sheet to obtain fingerprint impressions prescribed | 22979 |
| pursuant to division (C)(2) of section 109.572 of the Revised | 22980 |
| Code, obtain the completed form and impression sheet from each | 22981 |
| applicant, and forward the completed form and impression sheet to | 22982 |
| the superintendent of the bureau of criminal identification and | 22983 |
| investigation at the time the chief administrator requests a | 22984 |
| criminal records check pursuant to division (A)(1) of this | 22985 |
| section. | 22986 |
| (3) Any applicant who receives pursuant to division (A)(2) of | 22987 |
| this section a copy of the form prescribed pursuant to division | 22988 |
| (C)(1) of section 109.572 of the Revised Code and a copy of an | 22989 |
| impression sheet prescribed pursuant to division (C)(2) of that | 22990 |
| section and who is requested to complete the form and provide a | 22991 |
| set of fingerprint impressions shall complete the form or provide | 22992 |
| all the information necessary to complete the form and shall | 22993 |
| provide the impression sheets with the impressions of the | 22994 |
| applicant's fingerprints. If an applicant, upon request, fails to | 22995 |
| provide the information necessary to complete the form or fails to | 22996 |
| provide impressions of the applicant's fingerprints, the head | 22997 |
| start agency shall not employ that applicant for any position for | 22998 |
| which a criminal records check is required by division (A)(1) of | 22999 |
| this section. | 23000 |
| (B)(1) Except as provided in rules adopted by the director of | 23001 |
| job and family services in accordance with division (E) of this | 23002 |
| section, no head start agency shall employ a person as a person | 23003 |
| responsible for the care, custody, or control of a child if the | 23004 |
| person previously has been convicted of or pleaded guilty to any | 23005 |
| of the following: | 23006 |
| (a) A violation of section 2903.01, 2903.02, 2903.03, | 23007 |
| 2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 23008 |
| 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 23009 |
| 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 23010 |
| 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 23011 |
| 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 23012 |
| 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 23013 |
| 2925.06, or 3716.11 of the Revised Code, a violation of section | 23014 |
| 2905.04 of the Revised Code as it existed prior to July 1, 1996, a | 23015 |
| violation of section 2919.23 of the Revised Code that would have | 23016 |
| been a violation of section 2905.04 of the Revised Code as it | 23017 |
| existed prior to July 1, 1996, had the violation occurred prior to | 23018 |
| that date, a violation of section 2925.11 of the Revised Code that | 23019 |
| is not a minor drug possession offense, or felonious sexual | 23020 |
| penetration in violation of former section 2907.12 of the Revised | 23021 |
| Code; | 23022 |
| (b) A violation of an existing or former law of this state, | 23023 |
| any other state, or the United States that is substantially | 23024 |
| equivalent to any of the offenses or violations described in | 23025 |
| division (B)(1)(a) of this section. | 23026 |
| (2) A head start agency may employ an applicant conditionally | 23027 |
| until the criminal records check required by this section is | 23028 |
| completed and the agency receives the results of the criminal | 23029 |
| records check. If the results of the criminal records check | 23030 |
| indicate that, pursuant to division (B)(1) of this section, the | 23031 |
| applicant does not qualify for employment, the agency shall | 23032 |
| release the applicant from employment. | 23033 |
| (C)(1) Each head start agency shall pay to the bureau of | 23034 |
| criminal identification and investigation the fee prescribed | 23035 |
| pursuant to division (C)(3) of section 109.572 of the Revised Code | 23036 |
| for each criminal records check conducted in accordance with that | 23037 |
| section upon the request pursuant to division (A)(1) of this | 23038 |
| section of the chief administrator of the head start agency. | 23039 |
| (2) A head start agency may charge an applicant a fee for the | 23040 |
| costs it incurs in obtaining a criminal records check under this | 23041 |
| section. A fee charged under this division shall not exceed the | 23042 |
| amount of fees the agency pays under division (C)(1) of this | 23043 |
| section. If a fee is charged under this division, the agency shall | 23044 |
| notify the applicant at the time of the applicant's initial | 23045 |
| application for employment of the amount of the fee and that, | 23046 |
| unless the fee is paid, the head start agency will not consider | 23047 |
| the applicant for employment. | 23048 |
| (D) The report of any criminal records check conducted by the | 23049 |
| bureau of criminal identification and investigation in accordance | 23050 |
| with section 109.572 of the Revised Code and pursuant to a request | 23051 |
| made under division (A)(1) of this section is not a public record | 23052 |
| for the purposes of section 149.43 of the Revised Code and shall | 23053 |
| not be made available to any person other than the applicant who | 23054 |
| is the subject of the criminal records check or the applicant's | 23055 |
| representative, the head start agency requesting the criminal | 23056 |
| records check or its representative, and any court, hearing | 23057 |
| officer, or other necessary individual involved in a case dealing | 23058 |
| with the denial of employment to the applicant. | 23059 |
| (E) The director of job and family services shall adopt rules | 23060 |
| pursuant to Chapter 119. of the Revised Code to implement this | 23061 |
| section, including rules specifying circumstances under which a | 23062 |
| head start agency may hire a person who has been convicted of an | 23063 |
| offense listed in division (B)(1) of this section but who meets | 23064 |
| standards in regard to rehabilitation set by the director. | 23065 |
| (F) Any person required by division (A)(1) of this section to | 23066 |
| request a criminal records check shall inform each person, at the | 23067 |
| time of the person's initial application for employment, that the | 23068 |
| person is required to provide a set of impressions of the person's | 23069 |
| fingerprints and that a criminal records check is required to be | 23070 |
| conducted and satisfactorily completed in accordance with section | 23071 |
| 109.572 of the Revised Code if the person comes under final | 23072 |
| consideration for appointment or employment as a precondition to | 23073 |
| employment for that position. | 23074 |
| (G) As used in this section: | 23075 |
| (1) "Applicant" means a person who is under final | 23076 |
| consideration for appointment or employment in a position with a | 23077 |
| head start agency as a person responsible for the care, custody, | 23078 |
| or control of a child. | 23079 |
| (2)
"Head start agency" | 23080 |
| 23081 | |
| been approved to be an agency for purposes of the "Head Start | 23082 |
| Act," 95 State 489 (1981), 42 U.S.C. 9831, as amended. | 23083 |
| (3) "Criminal records check" has the same meaning as in | 23084 |
| section 109.572 of the Revised Code. | 23085 |
| (4) "Minor drug possession offense" has the same meaning as | 23086 |
| in section 2925.01 of the Revised Code. | 23087 |
| Sec. 3301.56. (A) The director of each preschool program | 23088 |
| shall be responsible for the following: | 23089 |
| (1) Ensuring that the health and safety of the children are | 23090 |
| safeguarded by an organized program of school health services | 23091 |
| designed to identify child health problems and to coordinate | 23092 |
| school and community health resources for children, as evidenced | 23093 |
| by but not limited to: | 23094 |
| (a) Requiring immunization and compliance with emergency | 23095 |
| medical authorization requirements in accordance with rules | 23096 |
| adopted by the state board of education under section 3301.53 of | 23097 |
| the Revised Code; | 23098 |
| (b) Providing procedures for emergency situations, including | 23099 |
| fire drills, rapid dismissals, and tornado drills in accordance | 23100 |
| with section 3737.73 of the Revised Code, and keeping records of | 23101 |
| such drills or dismissals; | 23102 |
| (c) Posting emergency procedures in preschool rooms and | 23103 |
| making them available to school personnel, children, and parents; | 23104 |
| (d) Posting emergency numbers by each telephone; | 23105 |
| (e) Supervising grounds, play areas, and other facilities | 23106 |
| when scheduled for use by children; | 23107 |
| (f) Providing first-aid facilities and materials. | 23108 |
| (2) Maintaining cumulative records for each child; | 23109 |
| (3) Supervising each child's admission, placement, and | 23110 |
| withdrawal according to established procedures; | 23111 |
| (4) Preparing at least once annually for each group of | 23112 |
| children in the program a roster of names and telephone numbers of | 23113 |
| parents, guardians, and custodians of children in the group and, | 23114 |
| on request, furnishing the roster for each group to the parents, | 23115 |
| guardians, and custodians of children in that group. The director | 23116 |
| may prepare a similar roster of all children in the program and, | 23117 |
| on request, make it available to the parents, guardians, and | 23118 |
| custodians, of children in the program. The director shall not | 23119 |
| include in either roster the name or telephone number of any | 23120 |
| parent, guardian, or custodian who requests that the parent's, | 23121 |
| guardian's, or custodian's name or number not be included, and | 23122 |
| shall not furnish any roster to any person other than a parent, | 23123 |
| guardian, or custodian of a child in the program. | 23124 |
| (5) Ensuring that clerical and custodial services are | 23125 |
| provided for the program; | 23126 |
| (6) Supervising the instructional program and the daily | 23127 |
| operation of the program; | 23128 |
| (7) Supervising and evaluating preschool staff members | 23129 |
| according to a planned sequence of observations and evaluation | 23130 |
| conferences, and supervising nonteaching employees. | 23131 |
| (B)(1) In each program the maximum number of children per | 23132 |
| preschool staff member and the maximum group size by age category | 23133 |
| of children shall be as follows: | 23134 |
| Maximum | 23135 | |||||
| Group | Staff Member/ | 23136 | ||||
| Age Group | Size | Child Ratio | 23137 | |||
| Birth to less than 12 months | 12 | 1:5, or 2:12 if | 23138 | |||
| two preschool | 23139 | |||||
| staff members | 23140 | |||||
| are in the room | 23141 | |||||
| 12 months to less than 18 months | 12 | 1:6 | 23142 | |||
| 18 months to less than 30 months | 14 | 1:7 | 23143 | |||
| 30 months to less than 3 years | 16 | 1:8 | 23144 | |||
| 3-year-olds | 24 | 1:12 | 23145 | |||
| 4- and 5-year-olds not in school | 28 | 1:14 | 23146 |
| (2) When age groups are combined, the maximum number of | 23147 |
| children per preschool staff member shall be determined by the age | 23148 |
| of the youngest child in the group, except that when no more than | 23149 |
| one child thirty months of age or older receives child care in a | 23150 |
| group in which all the other children are in the next older age | 23151 |
| group, the maximum number of children per child-care staff member | 23152 |
| and maximum group size requirements of the older age group | 23153 |
| established under division (B)(1) of this section shall apply. | 23154 |
| (3) In a room where children are napping, if all the children | 23155 |
| are at least eighteen months of age, the maximum number of | 23156 |
| children per preschool staff member shall, for a period not to | 23157 |
| exceed one and one-half hours in any twenty-four hour day, be | 23158 |
| twice the maximum number of children per preschool staff member | 23159 |
| established under division (B)(1) of this section if all the | 23160 |
| following criteria are met: | 23161 |
| (a) At least one preschool staff member is present in the | 23162 |
| room; | 23163 |
| (b) Sufficient preschool staff members are present on the | 23164 |
| preschool program premises to comply with division (B)(1) of this | 23165 |
| section; | 23166 |
| (c) Naptime preparations have been completed and the children | 23167 |
| are resting or napping. | 23168 |
| (4) Any accredited program that uses the Montessori method | 23169 |
| endorsed by the American Montessori society or the association | 23170 |
| Montessori internationale as its primary method of instruction and | 23171 |
| is licensed as a preschool program under section 3301.58 of the | 23172 |
| Revised Code may combine preschool children of ages three to five | 23173 |
| years old with children enrolled in kindergarten. Notwithstanding | 23174 |
| anything to the contrary in division (B)(2) of this section, when | 23175 |
| such age groups are combined, the maximum number of children per | 23176 |
| preschool staff member shall be twelve and the maximum group size | 23177 |
| shall be twenty-four children. | 23178 |
| (C) In each building in which a preschool program is operated | 23179 |
| there shall be on the premises, and readily available at all | 23180 |
| times, at least one employee who has completed a course in first | 23181 |
| aid and in the prevention, recognition, and management of | 23182 |
| communicable diseases which is approved by the state department of | 23183 |
| health, and an employee who has completed a course in child abuse | 23184 |
| recognition and prevention. | 23185 |
| (D) Any parent, guardian, or custodian of a child enrolled in | 23186 |
| a preschool program shall be permitted unlimited access to the | 23187 |
| school during its hours of operation to contact the parent's, | 23188 |
| guardian's, or custodian's child, evaluate the care provided by | 23189 |
| the program, or evaluate the premises, or for other purposes | 23190 |
| approved by the director. Upon entering the premises, the parent, | 23191 |
| guardian, or custodian shall report to the school office. | 23192 |
| Sec. 3301.86. The | 23193 |
| grants program is hereby established. | 23194 |
| 23195 | |
| 23196 | |
| 23197 | |
| 23198 | |
| department of education shall award reading intervention grants to | 23199 |
| public schools and classrooms operated by city, local, and | 23200 |
| exempted village school districts, by community schools, and by | 23201 |
| educational service centers. The grants shall be used to fund the | 23202 |
| engagement of volunteers to assist struggling students in grades | 23203 |
| kindergarten through twelve improve their reading skills, to | 23204 |
| improve reading outcomes in low-performing schools, and to | 23205 |
| facilitate closing the achievement gap between students of | 23206 |
| different subgroups. | 23207 |
| Sec. 3301.88. (A) A recipient of a grant under section | 23208 |
| 3301.86
| 23209 |
| 23210 | |
| identification and investigation a criminal records check on any | 23211 |
| individual, other than an individual described in division (B) of | 23212 |
| this section, who applies to participate in providing directly to | 23213 |
| children any
program or
service | 23214 |
| 23215 | |
| recipient
| 23216 |
| request a criminal records check, the request shall consist of a | 23217 |
| request for the information a school district board of education | 23218 |
| may request under division (F)(2)(a) of section 109.57 of the | 23219 |
| Revised Code and shall be accompanied by one of the following | 23220 |
| identification options: | 23221 |
| (1) The form and standard impression sheet prescribed by the | 23222 |
| bureau under division (C) of section 109.572 of the Revised Code; | 23223 |
| (2) A form prescribed by the bureau on which is specified the | 23224 |
| individual's name, social security number, and date of birth. | 23225 |
| (B) A grant recipient
| 23226 |
| 23227 | |
| (A) of this section with respect to any individual who furnishes | 23228 |
| the grant recipient
| 23229 |
| with a certified copy of a report of a criminal records check | 23230 |
| completed by the bureau within one year prior to applying to | 23231 |
| participate in providing programs or services
| 23232 |
| 23233 |
| (C) Except as provided in rules adopted under division (G)(2) | 23234 |
| of this section, a grant recipient
| 23235 |
| 23236 | |
| providing
directly to children any program or service
| 23237 |
| 23238 | |
| part by the grant if the information requested under this section | 23239 |
| from the bureau indicates that the individual has ever pleaded | 23240 |
| guilty to or been found guilty by a jury or court of any of the | 23241 |
| following: | 23242 |
| (1) A felony; | 23243 |
| (2) A violation of section 2903.16, 2903.34, 2905.05, | 23244 |
| 2907.04, 2907.06, 2907.07, 2907.08, 2907.09, 2907.23, 2907.25, | 23245 |
| 2907.31, 2919.12, 2919.22, 2919.24, 2925.04, or 3716.11 of the | 23246 |
| Revised Code; a violation of section 2905.04 of the Revised Code | 23247 |
| as it existed prior to July 1, 1996; or a violation of section | 23248 |
| 2919.23 of the Revised Code that would have been a violation of | 23249 |
| section 2905.04 of the Revised Code as it existed prior to July 1, | 23250 |
| 1996, had it been committed prior to that date; | 23251 |
| (3) An offense of violence; | 23252 |
| (4) A theft offense, as defined in section 2913.01 of the | 23253 |
| Revised Code; | 23254 |
| (5) A drug abuse offense, as defined in section 2925.01 of | 23255 |
| the Revised Code; | 23256 |
| (6) A violation of an existing or former ordinance of a | 23257 |
| municipal corporation or law of the United States or another state | 23258 |
| that is substantively comparable to an offense listed in divisions | 23259 |
| (C)(1) to (5) of this section. | 23260 |
| (D) A grant recipient | 23261 |
| 23262 | |
| conditionally allow an individual to participate in providing | 23263 |
| programs or services directly to children until the criminal | 23264 |
| records
check is completed and the grant recipient
| 23265 |
| 23266 | |
| results of the criminal records check indicate that the individual | 23267 |
| has been convicted of or pleaded guilty to an offense listed in | 23268 |
|
division (C) of this section,
the grant recipient
| 23269 |
| 23270 | |
| to further participate in providing directly to children any | 23271 |
| program or service
| 23272 |
| 23273 | |
| provided in the rules adopted under division (G)(2) of this | 23274 |
| section. | 23275 |
| (E) The report of any criminal records check conducted in | 23276 |
| accordance with division (F)(5) of section 109.57 of the Revised | 23277 |
| Code pursuant to a request under this section is not a public | 23278 |
| record for purposes of section 149.43 of the Revised Code. The | 23279 |
| report shall not be made available to any person other than the | 23280 |
| individual who is the subject of the criminal records check or the | 23281 |
| individual's representative, the grant recipient or the grant | 23282 |
| recipient's representative
| 23283 |
| 23284 | |
| individual in a case dealing with the denial of the individual's | 23285 |
| participation in a
program or service
| 23286 |
| 23287 | |
| under section 3301.86 of the Revised Code. | 23288 |
| (F) The | 23289 |
| reimburse each grant recipient
| 23290 |
| 23291 | |
| amount paid by the grant recipient
| 23292 |
| 23293 | |
| conducted by the bureau of criminal identification and | 23294 |
| investigation. Reimbursement shall be paid under this division | 23295 |
| only for criminal records checks on individuals who apply to | 23296 |
| participate in providing directly to children any program or | 23297 |
| service | 23298 |
| funded in whole or in part by the grant. To receive it, the grant | 23299 |
| recipient
| 23300 |
| submit information to the | 23301 |
| required by the | 23302 |
| addition to the grant awarded to the recipient under section | 23303 |
|
3301.86 | 23304 |
| (G) The | 23305 |
| in accordance with Chapter 119. of the Revised Code: | 23306 |
| (1) Prescribing the form and manner in which grant recipients | 23307 |
| 23308 | |
| information to the | 23309 |
| reimbursement under division (F) of this section; | 23310 |
| (2) Specifying circumstances under which a grant recipient
| 23311 |
| 23312 | |
| individual whose criminal records check report indicates that the | 23313 |
| individual has been convicted of or pleaded guilty to an offense | 23314 |
| listed in division (C) of this section, but who meets standards in | 23315 |
| regard to rehabilitation set forth in the rules, to participate in | 23316 |
| providing directly
to children any program or service
| 23317 |
| 23318 | |
| part by the grant. | 23319 |
| Sec. 3302.03. (A) Annually the department of education shall | 23320 |
| report for each school district and each school building in a | 23321 |
| district all of the following: | 23322 |
| (1) The extent to which the school district or building meets | 23323 |
| each of the applicable performance indicators created by the state | 23324 |
| board of education under section 3302.02 of the Revised Code and | 23325 |
| the number of applicable performance indicators that have been | 23326 |
| achieved; | 23327 |
| (2) The performance index score of the school district or | 23328 |
| building; | 23329 |
| (3) Whether the school district or building has made adequate | 23330 |
| yearly progress; | 23331 |
| (4) Whether the school district or building is excellent, | 23332 |
| effective, needs continuous improvement, is under an academic | 23333 |
| watch, or is in a state of academic emergency. | 23334 |
| (B)(1) A school district or building shall be declared | 23335 |
| excellent if it fulfills one of the following requirements: | 23336 |
| (a) It makes adequate yearly progress and either meets at | 23337 |
| least ninety-four per cent of the applicable state performance | 23338 |
| indicators or has a performance index score established by the | 23339 |
| department. | 23340 |
| (b) It has failed to make adequate yearly progress for not | 23341 |
| more than two consecutive years and either meets at least | 23342 |
| ninety-four per cent of the applicable state performance | 23343 |
| indicators or has a performance index score established by the | 23344 |
| department. | 23345 |
| (2) A school district or building shall be declared effective | 23346 |
| if it fulfills one of the following requirements: | 23347 |
| (a) It makes adequate yearly progress and either meets at | 23348 |
| least seventy-five per cent but less than ninety-four per cent of | 23349 |
| the applicable state performance indicators or has a performance | 23350 |
| index score established by the department. | 23351 |
| (b) It does not make adequate yearly progress and either | 23352 |
| meets at least seventy-five per cent of the applicable state | 23353 |
| performance indicators or has a performance index score | 23354 |
| established by the department, except that if it does not make | 23355 |
| adequate yearly progress for three consecutive years, it shall be | 23356 |
| declared in need of continuous improvement. | 23357 |
| (3) A school district or building shall be declared to be in | 23358 |
| need of continuous improvement if it fulfills one of the following | 23359 |
| requirements: | 23360 |
| (a) It makes adequate yearly progress, meets less than | 23361 |
| seventy-five per cent of the applicable state performance | 23362 |
| indicators, and has a performance index score established by the | 23363 |
| department. | 23364 |
| (b) It does not make adequate yearly progress and either | 23365 |
| meets at least fifty per cent but less than seventy-five per cent | 23366 |
| of the applicable state performance indicators or has a | 23367 |
| performance index score established by the department. | 23368 |
| (4) A school district or building shall be declared to be | 23369 |
| under an academic watch if it does not make adequate yearly | 23370 |
| progress and either meets at least thirty-one per cent but less | 23371 |
| than fifty per cent of the applicable state performance indicators | 23372 |
| or has a performance index score established by the department. | 23373 |
| (5) A school district or building shall be declared to be in | 23374 |
| a state of academic emergency if it does not make adequate yearly | 23375 |
| progress, does not meet at least thirty-one per cent of the | 23376 |
| applicable state performance indicators, and has a performance | 23377 |
| index score established by the department. | 23378 |
| (C)(1) The department shall issue annual report cards for | 23379 |
| each school district, each building within each district, and for | 23380 |
| the state as a whole reflecting performance on the indicators | 23381 |
| created by the state board under section 3302.02 of the Revised | 23382 |
| Code, the performance index score, and adequate yearly progress. | 23383 |
| (2) The department shall include on the report card for each | 23384 |
| district information pertaining to any change from the previous | 23385 |
| year made by the school district or school buildings within the | 23386 |
| district on any performance indicator. | 23387 |
| (3) When reporting data on student performance, the | 23388 |
| department shall disaggregate that data according to the following | 23389 |
| categories: | 23390 |
| (a) Performance of students by age group; | 23391 |
| (b) Performance of students by race and ethnic group; | 23392 |
| (c) Performance of students by gender; | 23393 |
| (d) Performance of students grouped by those who have been | 23394 |
| enrolled in a district or school for three or more years; | 23395 |
| (e) Performance of students grouped by those who have been | 23396 |
| enrolled in a district or school for more than one year and less | 23397 |
| than three years; | 23398 |
| (f) Performance of students grouped by those who have been | 23399 |
| enrolled in a district or school for one year or less; | 23400 |
| (g) Performance of students grouped by those who are | 23401 |
| economically disadvantaged; | 23402 |
| (h) Performance of students grouped by those who are enrolled | 23403 |
| in a conversion community school established under Chapter 3314. | 23404 |
| of the Revised Code; | 23405 |
| (i) Performance of students grouped by those who are | 23406 |
| classified as limited English proficient; | 23407 |
| (j) Performance of students grouped by those who have | 23408 |
| disabilities; | 23409 |
| (k) Performance of students grouped by those who are | 23410 |
| classified as migrants; | 23411 |
| (l) Performance of students grouped by those who are | 23412 |
| identified as gifted pursuant to Chapter 3324. of the Revised | 23413 |
| Code. | 23414 |
| The department may disaggregate data on student performance | 23415 |
| according to other categories that the department determines are | 23416 |
| appropriate. To the extent possible, the department shall | 23417 |
| disaggregate data on student performance according to any | 23418 |
| combinations of two or more of the categories listed in divisions | 23419 |
| (C)(3)(a) to (l) of this section that it deems relevant. | 23420 |
| In reporting data pursuant to division (C)(3) of this | 23421 |
| section, the department shall not include in the report cards any | 23422 |
| data statistical in nature that is statistically unreliable or | 23423 |
| that could result in the identification of individual students. | 23424 |
| For this purpose, the department shall not report student | 23425 |
| performance data for any group identified in division (C)(3) of | 23426 |
| this section that contains less than ten students. | 23427 |
| (4) The department may include with the report cards any | 23428 |
| additional education and fiscal performance data it deems | 23429 |
| valuable. | 23430 |
| (5) The department shall include on each report card a list | 23431 |
| of additional information collected by the department that is | 23432 |
| available regarding the district or building for which the report | 23433 |
| card is issued. When available, such additional information shall | 23434 |
| include student mobility data disaggregated by race and | 23435 |
| socioeconomic status, college enrollment data, and the reports | 23436 |
| prepared under section 3302.031 of the Revised Code. | 23437 |
| The department shall maintain a site on the world wide web. | 23438 |
| The report card shall include the address of the site and shall | 23439 |
| specify that such additional information is available to the | 23440 |
| public at that site. The department shall also provide a copy of | 23441 |
| each item on the list to the superintendent of each school | 23442 |
| district. The district superintendent shall provide a copy of any | 23443 |
| item on the list to anyone who requests it. | 23444 |
| (6) | 23445 |
| schools that primarily enroll students between sixteen and | 23446 |
| twenty-two years of age who dropped out of high school or are at | 23447 |
| risk of dropping out of high school due to poor attendance, | 23448 |
| disciplinary problems, or suspensions. | 23449 |
| For any district that sponsors a conversion community school | 23450 |
| under Chapter 3314. of the Revised Code, the department shall | 23451 |
| combine data regarding the academic performance of students | 23452 |
| enrolled in the community school with comparable data from the | 23453 |
| schools of the district for the purpose of calculating the | 23454 |
| performance of the district as a whole on the report card issued | 23455 |
| for the district. | 23456 |
| (7) The department shall include on each report card the | 23457 |
| percentage of teachers in the district or building who are highly | 23458 |
| qualified, as defined by the "No Child Left Behind Act of 2001," | 23459 |
| and a comparison of that percentage with the percentages of such | 23460 |
| teachers in similar districts and buildings. | 23461 |
| (8) The department shall include on the report card the | 23462 |
| number of master teachers employed by each district and each | 23463 |
| building once the data is available from the education management | 23464 |
| information system established under section 3301.0714 of the | 23465 |
| Revised Code. | 23466 |
| (D)(1) In calculating reading, writing, mathematics, social | 23467 |
| studies, or science proficiency or achievement test passage rates | 23468 |
| used to determine school district or building performance under | 23469 |
| this section, the department shall include all students taking a | 23470 |
| test with accommodation or to whom an alternate assessment is | 23471 |
| administered pursuant to division (C)(1) or (3) of section | 23472 |
| 3301.0711 of the Revised Code. | 23473 |
| (2) In calculating performance index scores, rates of | 23474 |
| achievement on the performance indicators established by the state | 23475 |
| board under section 3302.02 of the Revised Code, and adequate | 23476 |
| yearly progress for school districts and buildings under this | 23477 |
| section, the department shall do all of the following: | 23478 |
| (a) Include for each district or building only those students | 23479 |
| who are included in the ADM certified for the first full school | 23480 |
| week of October and are continuously enrolled in the district or | 23481 |
| building through the time of the spring administration of any test | 23482 |
| prescribed by section 3301.0710 of the Revised Code that is | 23483 |
| administered to the student's grade level; | 23484 |
| (b) Include cumulative totals from both the fall and spring | 23485 |
| administrations of the third grade reading achievement test; | 23486 |
| (c) Except as required by the "No Child Left Behind Act of | 23487 |
| 2001" for the calculation of adequate yearly progress, exclude for | 23488 |
| each district or building any limited English proficient student | 23489 |
| who has been enrolled in United States schools for less than one | 23490 |
| full school year. | 23491 |
| Sec. 3302.10. (A) Beginning July 1, 2007, the superintendent | 23492 |
| of public instruction shall establish an academic distress | 23493 |
| commission for each school district that has been declared to be | 23494 |
| in a state of academic emergency pursuant to section 3302.03 of | 23495 |
| the Revised Code and has failed to make adequate yearly progress | 23496 |
| for four or more consecutive school years. Each commission shall | 23497 |
| assist the district for which it was established in improving the | 23498 |
| district's academic performance. | 23499 |
| (B) Each academic distress commission shall consist of five | 23500 |
| voting members, three of whom shall be appointed by the | 23501 |
| superintendent of public instruction and two of whom shall be | 23502 |
| appointed by the president of the board of education of the | 23503 |
| applicable school district. | 23504 |
| (C) Each academic distress commission shall seek input from | 23505 |
| the district board of education regarding ways to improve the | 23506 |
| district's academic performance, but any decision of the | 23507 |
| commission related to any authority granted to the commission | 23508 |
| under this section shall be final. | 23509 |
| The commission may do any of the following: | 23510 |
| (1) Appoint school building administrators and reassign | 23511 |
| administrative personnel; | 23512 |
| (2) Terminate the contracts of administrators or | 23513 |
| administrative personnel. The commission shall not be required to | 23514 |
| comply with section 3319.16 of the Revised Code with respect to | 23515 |
| any contract terminated under this division. | 23516 |
| (3) Contract with a private entity to perform school or | 23517 |
| district management functions; | 23518 |
| (4) Establish a budget for the district and approve district | 23519 |
| expenditures, unless a financial planning and supervision | 23520 |
| commission has been established for the district pursuant to | 23521 |
| section 3316.05 of the Revised Code. | 23522 |
| (D) If the board of education of a district for which an | 23523 |
| academic distress commission has been established under this | 23524 |
| section renews any collective bargaining agreement under Chapter | 23525 |
| 4117. of the Revised Code during the existence of the commission, | 23526 |
| the district board shall not enter into any agreement that would | 23527 |
| render any decision of the commission unenforceable. Section | 23528 |
| 3302.08 of the Revised Code does not apply to this division. | 23529 |
| Notwithstanding any provision to the contrary in Chapter | 23530 |
| 4117. of the Revised Code, if the board of education has entered | 23531 |
| into a collective bargaining agreement after the effective date of | 23532 |
| this section that contains stipulations relinquishing one or more | 23533 |
| of the rights or responsibilities listed in division (C) of | 23534 |
| section 4117.08 of the Revised Code, those stipulations are not | 23535 |
| enforceable and the district board shall resume holding those | 23536 |
| rights or responsibilities as if it had not relinquished them in | 23537 |
| that agreement until such time as both the academic distress | 23538 |
| commission ceases to exist and the district board agrees to | 23539 |
| relinquish those rights or responsibilities in a new collective | 23540 |
| bargaining agreement. The provisions of this paragraph apply to a | 23541 |
| collective bargaining agreement entered into after the effective | 23542 |
| date of this section and those provisions are deemed to be part of | 23543 |
| that agreement regardless of whether the district satisfied the | 23544 |
| conditions prescribed in division (A) of this section at the time | 23545 |
| the district entered into that agreement. | 23546 |
| (E) An academic distress commission shall cease to exist when | 23547 |
| the district for which it was established receives a performance | 23548 |
| rating under section 3302.03 of the Revised Code of in need of | 23549 |
| continuous improvement or better for two out of three school | 23550 |
| years; however, the superintendent of public instruction may | 23551 |
| dissolve the commission earlier if the superintendent determines | 23552 |
| that the district can perform adequately without the supervision | 23553 |
| of the commission. | 23554 |
| Sec. 3310.01. As used in sections 3310.01 to 3310.17 of the | 23555 |
| Revised Code: | 23556 |
| (A) An "eligible student" is a student who satisfies the | 23557 |
| conditions specified in section 3310.03 of the Revised Code. | 23558 |
| (B) "Parent" has the same meaning as in section 3313.98 of | 23559 |
| the Revised Code. | 23560 |
| (C) "Resident district" means the school district in which a | 23561 |
| student is entitled to attend school under section 3313.64 or | 23562 |
| 3313.65 of the Revised Code. | 23563 |
| (D) "School year" has the same meaning as in section 3313.62 | 23564 |
| of the Revised Code. | 23565 |
| Sec. 3310.02. The educational choice scholarship pilot | 23566 |
| program is hereby established. Under the program, the department | 23567 |
| of education annually shall pay scholarships to attend chartered | 23568 |
| nonpublic schools in accordance with section 3310.08 of the | 23569 |
| Revised Code for up to the number of eligible students prescribed | 23570 |
| by the general assembly. If the number of students who apply for a | 23571 |
| scholarship exceeds the number prescribed by the general assembly, | 23572 |
| the department first shall award scholarships to eligible students | 23573 |
| who received scholarships in the prior school year, and then shall | 23574 |
| give priority to eligible students with family incomes at or below | 23575 |
| two hundred per cent of the federal poverty guidelines, as defined | 23576 |
| in section 5101.46 of the Revised Code. After awarding | 23577 |
| scholarships to previous recipients and to low-income eligible | 23578 |
| students, the department shall select students by lot to receive | 23579 |
| any remaining scholarships. | 23580 |
| Sec. 3310.03. (A) A student is an "eligible student" for | 23581 |
| purposes of the educational choice scholarship pilot program if | 23582 |
| the student satisfies both of the following conditions: | 23583 |
| (1) The student either: | 23584 |
| (a) Is enrolled in a school building that is operated by the | 23585 |
| student's resident district and that the department of education | 23586 |
| declared, in the most recent rating of school buildings published | 23587 |
| prior to the first day of July of the school year for which a | 23588 |
| scholarship is sought and in the two preceding school years, to be | 23589 |
| in a state of academic emergency under section 3302.03 of the | 23590 |
| Revised Code; | 23591 |
| (b) Is eligible to enroll in kindergarten in the school year | 23592 |
| for which a scholarship is sought and otherwise would be assigned | 23593 |
| under section 3319.01 of the Revised Code to a school building | 23594 |
| described in division (A)(1)(a) of this section; | 23595 |
| (c) Is enrolled in a community school established under | 23596 |
| Chapter 3314. of the Revised Code but otherwise would be assigned | 23597 |
| under section 3319.01 of the Revised Code to a building described | 23598 |
| in division (A)(1)(a) of this section. | 23599 |
| (2) The student's resident district is not a school district | 23600 |
| in which the pilot project scholarship program is operating under | 23601 |
| sections 3313.974 to 3313.979 of the Revised Code. | 23602 |
| (B) A student who receives a scholarship under the | 23603 |
| educational choice scholarship pilot program remains an eligible | 23604 |
| student and may continue to receive scholarships in subsequent | 23605 |
| school years until the student completes grade twelve, so long as | 23606 |
| both of the following apply: | 23607 |
| (1) The student takes each state test prescribed for the | 23608 |
| student's grade level under section 3301.0710 or 3301.0712 of the | 23609 |
| Revised Code while enrolled in a chartered nonpublic school; | 23610 |
| (2) In each school year that the student is enrolled in a | 23611 |
| chartered nonpublic school, the student is absent from school for | 23612 |
| not more than twenty days that the school is open for instruction, | 23613 |
| not including absences due to illness or injury confirmed in | 23614 |
| writing by a physician. | 23615 |
| (C) The superintendent shall cease awarding first-time | 23616 |
| scholarships with respect to a school building that, in the most | 23617 |
| recent ratings of school buildings published under section 3302.03 | 23618 |
| of the Revised Code prior to the first day of July of the school | 23619 |
| year, ceases to be in a state of academic emergency. However, | 23620 |
| students who have received scholarships in the prior school year | 23621 |
| remain eligible students pursuant to division (B) of this section. | 23622 |
| Sec. 3310.04. Any eligible student who is enrolled in a | 23623 |
| chartered nonpublic school and for whom a scholarship under the | 23624 |
| educational choice scholarship pilot program has been awarded | 23625 |
| shall be entitled to transportation to and from the chartered | 23626 |
| nonpublic school by the student's resident district in the manner | 23627 |
| prescribed in section 3327.01 of the Revised Code. | 23628 |
| Sec. 3310.05. A scholarship under the educational choice | 23629 |
| scholarship pilot program is not available for any student whose | 23630 |
| resident district is a school district in which the pilot project | 23631 |
| scholarship program is operating under sections 3313.974 to | 23632 |
| 3313.979 of the Revised Code. The two pilot programs are separate | 23633 |
| and distinct. The general assembly has prescribed separate | 23634 |
| scholarship amounts for the two pilot programs in recognition of | 23635 |
| their differing eligibility criteria. The pilot project | 23636 |
| scholarship program operating under sections 3313.974 to 3313.979 | 23637 |
| of the Revised Code is a district-wide program that may award | 23638 |
| scholarships to students who do not attend district schools that | 23639 |
| face academic challenges, whereas the educational choice | 23640 |
| scholarship pilot program established under sections 3310.01 to | 23641 |
| 3310.17 of the Revised Code is limited to students of individual | 23642 |
| district school buildings that face academic challenges. | 23643 |
| Sec. 3310.06. It is the policy adopted by the general | 23644 |
| assembly that the educational choice scholarship pilot program | 23645 |
| shall be construed as one of several educational options available | 23646 |
| for students enrolled in academic emergency school buildings. | 23647 |
| Students may be enrolled in the schools of the student's resident | 23648 |
| district, in a community school established under Chapter 3314. of | 23649 |
| the Revised Code, in the schools of another school district | 23650 |
| pursuant to an open enrollment policy adopted under section | 23651 |
| 3313.98 of the Revised Code, in a chartered nonpublic school with | 23652 |
| or without a scholarship under the educational choice scholarship | 23653 |
| pilot program, or in other schools as the law may provide. | 23654 |
| Sec. 3310.07. Any parent, or any student who is at least | 23655 |
| eighteen years of age, who is seeking a scholarship under the | 23656 |
| educational choice scholarship pilot program shall notify the | 23657 |
| department of education of the student's and parent's names and | 23658 |
| address, the chartered nonpublic school in which the student has | 23659 |
| been accepted for enrollment, and the tuition charged by the | 23660 |
| school. | 23661 |
| Sec. 3310.08. (A) The amount paid for an eligible student | 23662 |
| under the educational choice scholarship pilot program shall be | 23663 |
| the lesser of the tuition of the chartered nonpublic school in | 23664 |
| which the student is enrolled or the maximum amount prescribed in | 23665 |
| section 3310.09 of the Revised Code. | 23666 |
| (B)(1) The department shall pay to the parent of each | 23667 |
| eligible student for whom a scholarship is awarded under the | 23668 |
| program, or to the student if at least eighteen years of age, | 23669 |
| periodic partial payments of the scholarship. | 23670 |
| (2) The department shall proportionately reduce or terminate | 23671 |
| the payments for any student who withdraws from a chartered | 23672 |
| nonpublic school prior to the end of the school year. | 23673 |
| (C)(1) The department shall deduct from the payments made to | 23674 |
| each school district under Chapter 3317. and, if necessary, | 23675 |
| sections 321.24 and 323.156 of the Revised Code the amount of five | 23676 |
| thousand two hundred dollars for each eligible student awarded a | 23677 |
| scholarship under the educational choice scholarship pilot program | 23678 |
| who is entitled under section 3313.64 or 3313.65 of the Revised | 23679 |
| Code to attend school in the district. The amount deducted under | 23680 |
| this division funds scholarships for students under both the | 23681 |
| educational choice scholarship pilot program and the pilot project | 23682 |
| scholarship program under sections 3313.974 to 3313.979 of the | 23683 |
| Revised Code. | 23684 |
| (2) If the department reduces or terminates payments to a | 23685 |
| parent or a student, as prescribed in division (B)(2) of this | 23686 |
| section, and the student re-enrolls in the schools of the | 23687 |
| student's resident district before the end of the school year, the | 23688 |
| department shall proportionally restore to the resident district | 23689 |
| the amount deducted for that student under division (C)(1) of this | 23690 |
| section. | 23691 |
| (D) In the case of any school district from which a deduction | 23692 |
| is made under division (C) of this section, the department shall | 23693 |
| disclose on the district's SF-3 form, or any successor to that | 23694 |
| form used to calculate a district's state funding for operating | 23695 |
| expenses, a comparison of the following: | 23696 |
| (1) The district's state base-cost payment, as calculated | 23697 |
| under division (A)(1) of section 3317.022 of the Revised Code | 23698 |
| prior to making the adjustments under divisions (A)(2) and (3) of | 23699 |
| that section, with the scholarship students included in the | 23700 |
| district's formula ADM; | 23701 |
| (2) What the district's state base-cost payment would have | 23702 |
| been, as calculated under division (A)(1) of that section prior to | 23703 |
| making the adjustments under divisions (A)(2) and (3) of that | 23704 |
| section, if the scholarship students were not included in the | 23705 |
| district's formula ADM. | 23706 |
| This comparison shall display both the aggregate difference | 23707 |
| between the amounts described in divisions (D)(1) and (2) of this | 23708 |
| section, and the quotient of that aggregate difference divided by | 23709 |
| the number of eligible students for whom deductions are made under | 23710 |
| division (C) of this section. | 23711 |
| Sec. 3310.09. (A) The maximum amount awarded to an eligible | 23712 |
| student in fiscal year 2007 under the educational choice | 23713 |
| scholarship pilot program shall be as follows: | 23714 |
| (1) For grades kindergarten through eight, four thousand two | 23715 |
| hundred fifty dollars; | 23716 |
| (2) For grades nine through twelve, five thousand dollars. | 23718 |
| (B) In fiscal year 2008 and in each fiscal year thereafter, | 23719 |
| the maximum amount awarded under the program shall be the | 23720 |
| applicable maximum amount awarded in the previous fiscal year | 23721 |
| increased by the same percentage by which the general assembly | 23722 |
| increased the formula amount, as defined in section 3317.02 of the | 23723 |
| Revised Code, from the previous fiscal year. | 23724 |
| Sec. 3310.10. A scholarship awarded under section 3310.08 of | 23725 |
| the Revised Code may be used only to pay tuition to any chartered | 23726 |
| nonpublic school. | 23727 |
| Sec. 3310.13. (A) No chartered nonpublic school shall charge | 23728 |
| any student whose family income is at or below two hundred per | 23729 |
| cent of the federal poverty guidelines, as defined in section | 23730 |
| 5101.46 of the Revised Code, a tuition fee that is greater than | 23731 |
| the total amount paid for that student under section 3310.08 of | 23732 |
| the Revised Code. | 23733 |
| (B) A chartered nonpublic school may charge any other student | 23734 |
| who is paid a scholarship under that section the difference | 23735 |
| between the amount of the scholarship and the regular tuition | 23736 |
| charge of the school. Each chartered nonpublic school shall permit | 23737 |
| such an eligible student's family, at the family's option, to | 23738 |
| provide volunteer services in lieu of cash payment to pay all or | 23739 |
| part of the amount of the school's tuition not covered by the | 23740 |
| scholarship paid under section 3310.08 of the Revised Code. | 23741 |
| Sec. 3310.14. Notwithstanding division (K) of section | 23742 |
| 3301.0711 of the Revised Code, each chartered nonpublic school | 23743 |
| that enrolls students awarded scholarships under sections 3310.01 | 23744 |
| to 3310.17 of the Revised Code annually shall administer the tests | 23745 |
| prescribed by section 3301.0710 or 3301.0712 of the Revised Code | 23746 |
| to each scholarship student in accordance with section 3301.0711 | 23747 |
| of the Revised Code. Each chartered nonpublic school shall report | 23748 |
| to the department of education the results of each test | 23749 |
| administered to each scholarship student under this section. | 23750 |
| Nothing in this section requires a chartered nonpublic school | 23751 |
| to administer any achievement test, except for an Ohio graduation | 23752 |
| test prescribed by division (B) of section 3301.0710 of the | 23753 |
| Revised Code, as required by section 3313.612 of the Revised Code, | 23754 |
| to any student enrolled in the school who is not a scholarship | 23755 |
| student. | 23756 |
| Sec. 3310.16. (A) The state board of education shall adopt | 23757 |
| rules in accordance with Chapter 119. of the Revised Code | 23758 |
| prescribing procedures for the administration of the educational | 23759 |
| choice scholarship pilot program. | 23760 |
| (B) The state board and the department of education shall not | 23761 |
| require chartered nonpublic schools to comply with any education | 23762 |
| laws or rules or other requirements that are not specified in | 23763 |
| sections 3310.01 to 3310.17 of the Revised Code and that otherwise | 23764 |
| would not apply to a chartered nonpublic school. | 23765 |
| Sec. 3310.17. The general assembly shall prescribe the number | 23766 |
| of students that may be selected each fiscal year for scholarships | 23767 |
| under the educational choice scholarship pilot program. | 23768 |
| Sec. 3311.059. The procedure prescribed in this section may | 23769 |
| be used in lieu of a transfer prescribed under section 3311.231 of | 23770 |
| the Revised Code. | 23771 |
| (A) Subject to divisions (B) and (C) of this section, a board | 23772 |
| of education of a local school district may by a resolution | 23773 |
| approved by a majority of all its members propose to sever that | 23774 |
| local school district from the territory of the educational | 23775 |
| service center in which the local school district is currently | 23776 |
| included and to instead annex the local school district to the | 23777 |
| territory of another educational service center, the current | 23778 |
| territory of which is adjacent to the territory of the educational | 23779 |
| service center in which the local school district is currently | 23780 |
| included. The resolution shall promptly be filed with the | 23781 |
| governing board of each educational service center affected by the | 23782 |
| resolution and with the superintendent of public instruction. | 23783 |
| (B) | 23784 |
| 23785 | |
| 23786 | |
| 23787 | |
| 23788 | |
| 23789 | |
| 23790 | |
| 23791 | |
| one educational service center and its annexation to another | 23792 |
| educational service center under this section shall not be | 23793 |
| effective until one year after the first day of July following the | 23794 |
| later of the date that the | 23795 |
| resolution is filed pursuant to division (A) of this section or | 23796 |
| the date the board of elections certifies the results of the | 23797 |
| referendum election as provided in division (C) of this section. | 23798 |
| (C) Within sixty days following the date of the adoption of | 23799 |
| the resolution under division (A) of this section, the electors of | 23800 |
| the local school district may petition for a referendum vote on | 23801 |
| the resolution. The question whether to approve or disapprove the | 23802 |
| resolution shall be submitted to the electors of such school | 23803 |
| district if a number of qualified electors equal to twenty per | 23804 |
| cent of the number of electors in the school district who voted | 23805 |
| for the office of governor at the most recent general election for | 23806 |
| that office sign a petition asking that the question of whether | 23807 |
| the resolution shall be disapproved be submitted to the electors. | 23808 |
| The petition shall be filed with the board of elections of the | 23809 |
| county in which the school district is located. If the school | 23810 |
| district is located in more than one county, the petition shall be | 23811 |
| filed with the board of elections of the county in which the | 23812 |
| majority of the territory of the school district is located. The | 23813 |
| board shall certify the validity and sufficiency of the signatures | 23814 |
| on the petition. | 23815 |
| The board of elections shall immediately notify the board of | 23816 |
| education of the local school district and the governing board of | 23817 |
| each educational service center affected by the resolution that | 23818 |
| the petition has been filed. | 23819 |
| The effect of the resolution shall be stayed until the board | 23820 |
| of elections certifies the validity and sufficiency of the | 23821 |
| signatures on the petition. If the board of elections determines | 23822 |
| that the petition does not contain a sufficient number of valid | 23823 |
| signatures and sixty days have passed since the adoption of the | 23824 |
| resolution, the resolution shall become effective as provided in | 23825 |
| division (B) of this section. | 23826 |
| If the board of elections certifies that the petition | 23827 |
| contains a sufficient number of valid signatures, the board shall | 23828 |
| submit the question to the qualified electors of the school | 23829 |
| district on the day of the next general or primary election held | 23830 |
| at least seventy-five days after the board of elections certifies | 23831 |
| the validity and sufficiency of signatures on the petition. The | 23832 |
| election shall be conducted and canvassed and the results shall be | 23833 |
| certified in the same manner as in regular elections for the | 23834 |
| election of members of a board of education. | 23835 |
| If a majority of the electors voting on the question | 23836 |
| disapprove the resolution, the resolution shall not become | 23837 |
| effective. If a majority of the electors voting on the question | 23838 |
| approve the resolution, the resolution shall become effective as | 23839 |
| provided in division (B) of this section. | 23840 |
| (D) Upon the effective date of the severance of the local | 23841 |
| school district from one educational service center and its | 23842 |
| annexation to another educational service center as provided in | 23843 |
| division (B) of this section, the governing board of each | 23844 |
| educational service center shall take such steps for the election | 23845 |
| of members of the governing board and for organization of the | 23846 |
| governing board as prescribed in Chapter 3313. of the Revised | 23847 |
| Code. | 23848 |
| (E) If a school district is severed from one educational | 23849 |
| service center and annexed to another service center under this | 23850 |
| section, the board of education of that school district shall not | 23851 |
| propose a subsequent severance and annexation action under this | 23852 |
| section that would be effective sooner than five years after the | 23853 |
| effective date of the next previous severance and annexation | 23854 |
| action under this section. | 23855 |
| Sec. 3311.11. If the state board of education adopts a | 23856 |
| resolution under this chapter proposing the creation of a new city | 23857 |
| or local school district that was not in operation during the | 23858 |
| 2004-2005 school year, the district shall not be created unless | 23859 |
| both houses of the general assembly approve the creation of the | 23860 |
| district through passage of a concurrent resolution. | 23861 |
| Sec. 3313.207. As used in sections 3313.207 to 3313.209 of | 23862 |
| the Revised Code: | 23863 |
| (A) "Children" means children who are enrolled in | 23864 |
| kindergarten or who are of compulsory school age. | 23865 |
| (B) "Latchkey program" means a program under which children | 23866 |
| are provided with child care during a fiscal year at any time | 23867 |
| outside of regular school hours. A program that contains any | 23868 |
| religious content, that uses any religious materials, or that in | 23869 |
| any way promotes or furthers any religious beliefs is not a | 23870 |
| latchkey program. | 23871 |
| (C) | 23872 |
| 23873 |
| | 23874 |
| individual, licensed under Chapter 5104. of the Revised Code or | 23875 |
| exempted from the licensing requirements of that chapter. | 23876 |
| | 23877 |
| (1) Space in a building that is owned or controlled by a | 23878 |
| school district and that is used for other school district | 23879 |
| purposes in addition to latchkey programs; | 23880 |
| (2) Utilities furnished in conjunction with such space; | 23881 |
| (3) Transportation to a latchkey program on regular school | 23882 |
| buses. | 23883 |
| Sec. 3313.208. A board of education of a school district or | 23884 |
| the governing board of an educational service center may assess | 23885 |
| the need for latchkey programs in its district or territory and | 23886 |
| determine the best and most efficient manner of providing latchkey | 23887 |
| programs to children residing in the district or territory. Prior | 23888 |
| to operating any latchkey program, making any payments, or | 23889 |
| providing any employees or ancillary services under sections | 23890 |
| 3313.207 to 3313.209 of the
Revised Code, a board | 23891 |
| shall provide notification to parents and other interested parties | 23892 |
| that the board is
considering | 23893 |
| provision of latchkey programs and shall adopt a policy ensuring | 23894 |
| public input on the board's decision whether or not to | 23895 |
| participate, as well as any decisions concerning the district's or | 23896 |
| service center's role in the implementation and funding of any | 23897 |
| latchkey programs if the board does decide to participate. The | 23898 |
| policy shall also include provision for regular, periodic public | 23899 |
| input in the evaluation of any school district or service center | 23900 |
| participation in the provision of latchkey programs. | 23901 |
| A board | 23902 |
| subject to the following limitations: | 23903 |
| (A) The program shall be maintained and operated and pupils | 23904 |
| shall be admitted pursuant to rules adopted by the board; | 23905 |
| (B) Fees or tuition, in amounts determined by the board, may | 23906 |
| be charged for participation in the program and shall be deposited | 23907 |
| in a special fund | 23908 |
| | 23909 |
| 23910 |
| | 23911 |
| 23912 | |
| 23913 | |
| 23914 |
| | 23915 |
| 23916 | |
| 23917 |
| Sec. 3313.209. (A) A board of education of a school district | 23918 |
| that does not | 23919 |
| ancillary services to and may make payments to any program | 23920 |
| provider that operates a latchkey program that enrolls one or more | 23921 |
| children who are residents of the school district. | 23922 |
| (B) A board of education of a school district that does not | 23923 |
| 23924 | |
| under division (A) of this section may furnish to any person or | 23925 |
| entity that operates a latchkey program ancillary services or | 23926 |
| employees for use solely in conjunction with the program's | 23927 |
| operation. | 23928 |
| (C) | 23929 |
| 23930 | |
| 23931 |
| | 23932 |
| 23933 | |
| 23934 | |
| 23935 |
| | 23936 |
| 23937 | |
| 23938 | |
| 23939 |
| | 23940 |
| program provider as a condition for making any payments or | 23941 |
| furnishing any ancillary services or employees authorized by | 23942 |
| division (A) or (B) of this section. | 23943 |
| Sec. 3313.489. (A) The superintendent of public instruction | 23944 |
| shall examine each | 23945 |
| five-year projection of revenues and expenditures submitted under | 23946 |
| section 5705.391 of the Revised Code and shall determine whether | 23947 |
| the information contained therein, together with any other | 23948 |
| relevant information, indicates that the district may be | 23949 |
| financially unable to operate its instructional program on all | 23950 |
| days set forth in its adopted school calendars and pay all | 23951 |
| obligated expenses during the current fiscal year. If a board of | 23952 |
| education has not adopted a school calendar for the school year | 23953 |
| beginning on the first day of July of the current fiscal year at | 23954 |
| the time an examination is required under this division, the | 23955 |
| superintendent shall examine the | 23956 |
| 23957 | |
| may be financially unable to pay all obligated expenses and | 23958 |
| operate its instructional program for the number of days on which | 23959 |
| instruction was held in the preceding fiscal year. | 23960 |
| (B) If the superintendent of public instruction determines | 23961 |
| pursuant to division (A) of this section that a school district | 23962 |
| may be financially unable to operate its instructional program on | 23963 |
| all days required by such division and pay all obligated expenses | 23964 |
| during the current fiscal year, the superintendent shall provide | 23965 |
| written notification of such determination to the president of the | 23966 |
| district's board of education and the auditor of state. | 23967 |
| (C) This section does not apply to a school district declared | 23968 |
| to be under a fiscal emergency pursuant to division (B) of section | 23969 |
| 3316.03 of the Revised Code. | 23970 |
| Sec. 3313.6410. This section applies to any school that is | 23971 |
| operated by a school district and in which the enrolled students | 23972 |
| work primarily on assignments in nonclassroom-based learning | 23973 |
| opportunities provided via an internet- or other computer-based | 23974 |
| instructional method. | 23975 |
| (A) Any school to which this section applies shall withdraw | 23976 |
| from the school any student who, for two consecutive school years, | 23977 |
| has failed to participate in the spring administration of any test | 23978 |
| prescribed under section 3301.0710 or 3301.0712 of the Revised | 23979 |
| Code for the student's grade level and was not excused from the | 23980 |
| test pursuant to division (C)(1) or (3) of section 3301.0711 of | 23981 |
| the Revised Code. The school shall report the name of any such | 23982 |
| student to the department of education to be added to the list | 23983 |
| maintained by the department under section 3314.26 of the Revised | 23984 |
| Code. | 23985 |
| (B) No school to which this section applies shall enroll any | 23986 |
| student on the list maintained by the department under section | 23987 |
| 3314.26 of the Revised Code. | 23988 |
| Sec. 3313.975. As used in this section and in sections | 23989 |
| 3313.975 to 3313.979 of the Revised Code, "the pilot project | 23990 |
| school district" or "the district" means any school district | 23991 |
| included in the pilot project scholarship program pursuant to this | 23992 |
| section. | 23993 |
| (A) The superintendent of public instruction shall establish | 23994 |
| a pilot project scholarship program and shall include in such | 23995 |
| program any school districts that are or have ever been under | 23996 |
| federal court order requiring supervision and operational | 23997 |
| management of the district by the state superintendent. The | 23998 |
| program shall provide for a number of students residing in any | 23999 |
| such district to receive scholarships to attend alternative | 24000 |
| schools, and for an equal number of students to receive tutorial | 24001 |
| assistance grants while attending public school in any such | 24002 |
| district. | 24003 |
| (B) The state superintendent shall establish an application | 24004 |
| process and deadline for accepting applications from students | 24005 |
| residing in the district to participate in the scholarship | 24006 |
| program. In the initial year of the program students may only use | 24007 |
| a scholarship to attend school in grades kindergarten through | 24008 |
| third. | 24009 |
| The state superintendent shall award as many scholarships and | 24010 |
| tutorial assistance grants as can be funded given the amount | 24011 |
| appropriated for the program. In no case, however, shall more than | 24012 |
| fifty per cent of all scholarships awarded be used by students who | 24013 |
| were enrolled in a nonpublic school during the school year of | 24014 |
| application for a scholarship. | 24015 |
| (C)(1) The pilot project program shall continue in effect | 24016 |
| each year that the general assembly has appropriated sufficient | 24017 |
| money to fund scholarships and tutorial assistance grants. In each | 24018 |
| year the program continues, no new students may receive | 24019 |
| scholarships unless they are enrolled in | 24020 |
|
kindergarten | 24021 |
| who has received a scholarship the preceding year may continue to | 24022 |
| receive
one until the student has completed grade | 24023 |
| Beginning in the | 24024 |
| previously has received a scholarship may receive a scholarship in | 24025 |
| grade | 24026 |
| year, a student who previously has received a scholarship may | 24027 |
| receive a scholarship in grade | 24028 |
| (2) If the general assembly discontinues the scholarship | 24029 |
| program, all students who are attending an alternative school | 24030 |
| under the pilot project shall be entitled to continued admittance | 24031 |
| to that specific school through
all grades | 24032 |
| that are provided in such school, under the same conditions as | 24033 |
| when they were participating in the pilot project. The state | 24034 |
| superintendent shall continue to make scholarship payments in | 24035 |
| accordance with division (A) or (B) of section 3313.979 of the | 24036 |
| Revised Code for students who remain enrolled in an alternative | 24037 |
| school under this provision in any year that funds have been | 24038 |
| appropriated for this purpose. | 24039 |
| If funds are not appropriated, the tuition charged to the | 24040 |
| parents of a student who remains enrolled in an alternative school | 24041 |
| under this provision shall not be increased beyond the amount | 24042 |
| equal to the amount of the scholarship plus any additional amount | 24043 |
| charged that student's parent in the most recent year of | 24044 |
| attendance as a participant in the pilot project, except that | 24045 |
| tuition for all the students enrolled in such school may be | 24046 |
| increased by the same percentage. | 24047 |
| (D) Notwithstanding sections 124.39, 3307.54, and 3319.17 of | 24048 |
| the Revised Code, if the pilot project school district experiences | 24049 |
| a decrease in enrollment due to participation in a state-sponsored | 24050 |
| scholarship program pursuant to sections 3313.974 to 3313.979 of | 24051 |
| the Revised Code, the district board of education may enter into | 24052 |
| an agreement with any teacher it employs to provide to that | 24053 |
| teacher severance pay or early retirement incentives, or both, if | 24054 |
| the teacher agrees to terminate the employment contract with the | 24055 |
| district board, provided any collective bargaining agreement in | 24056 |
| force pursuant to Chapter 4117. of the Revised Code does not | 24057 |
| prohibit such an agreement for termination of a teacher's | 24058 |
| employment contract. | 24059 |
| Sec. 3313.976. (A) No private school may receive scholarship | 24060 |
| payments from parents pursuant to section 3313.979 of the Revised | 24061 |
| Code until the chief administrator of the private school registers | 24062 |
| the school with the superintendent of public instruction. The | 24063 |
| state superintendent shall register any school that meets the | 24064 |
| following requirements: | 24065 |
| (1) The school is located within the boundaries of the pilot | 24066 |
| project school district; | 24067 |
| (2) The school indicates in writing its commitment to follow | 24068 |
| all requirements for a state-sponsored scholarship program | 24069 |
| specified under sections 3313.974 to 3313.979 of the Revised Code, | 24070 |
| including, but not limited to, the requirements for admitting | 24071 |
| students pursuant to section 3313.977 of the Revised Code; | 24072 |
| (3) The school meets all state minimum standards for | 24073 |
| chartered nonpublic schools in effect on July 1, 1992, except that | 24074 |
| the state superintendent at the superintendent's discretion may | 24075 |
| register nonchartered nonpublic schools meeting the other | 24076 |
| requirements of this division; | 24077 |
| (4) The school does not discriminate on the basis of race, | 24078 |
| religion, or ethnic background; | 24079 |
| (5) The school enrolls a minimum of ten students per class or | 24080 |
| a sum of at least twenty-five students in all the classes offered; | 24081 |
| (6) The school does not advocate or foster unlawful behavior | 24082 |
| or teach hatred of any person or group on the basis of race, | 24083 |
| ethnicity, national origin, or religion; | 24084 |
| (7) The school does not provide false or misleading | 24085 |
| information about the school to parents, students, or the general | 24086 |
| public; | 24087 |
| (8) For students in grades kindergarten through eight, the | 24088 |
| school agrees not to charge any tuition to low-income families | 24089 |
| receiving ninety per cent of the scholarship amount through the | 24090 |
| scholarship program, pursuant to division (A) of section 3313.978 | 24091 |
| of the Revised Code, in excess of ten per cent of the scholarship | 24092 |
| amount established pursuant to division (C)(1) of section 3313.978 | 24093 |
| of the Revised Code, excluding any increase described in division | 24094 |
| (C)(2) of that section. The school shall permit any such tuition, | 24095 |
| at the discretion of the parent, to be satisfied by the low-income | 24096 |
| family's provision of in-kind contributions or services. | 24097 |
| (9) For students in grades kindergarten through eight, the | 24098 |
| school agrees not to charge any tuition to low-income families | 24099 |
| receiving a seventy-five per cent scholarship amount through the | 24100 |
| scholarship program, pursuant to division (A) of section 3313.978 | 24101 |
| of the Revised Code, in excess of the difference between the | 24102 |
| actual tuition charge of the school and seventy-five per cent of | 24103 |
| the scholarship amount established pursuant to division (C)(1) of | 24104 |
| section 3313.978 of the Revised Code, excluding any increase | 24105 |
| described in division (C)(2) of that section. The school shall | 24106 |
| permit such tuition, at the discretion of the parent, to be | 24107 |
| satisfied by the low-income family's provision of in-kind | 24108 |
| contributions or services. | 24109 |
| (10) The school agrees not to charge any tuition to families | 24110 |
| of students in grades nine | 24111 |
| scholarship in excess of the actual tuition charge of the school | 24112 |
| less seventy-five or ninety per cent of the scholarship amount | 24113 |
| established pursuant to division (C)(1) of section 3313.978 of the | 24114 |
| Revised Code, as applicable, excluding any increase described in | 24115 |
| division (C)(2) of that section. | 24116 |
| (B) The state superintendent shall revoke the registration of | 24117 |
| any school if, after a hearing, the superintendent determines that | 24118 |
| the school is in violation of any of the provisions of division | 24119 |
| (A) of this section. | 24120 |
| (C) Any public school located in a school district adjacent | 24121 |
| to the pilot project district may receive scholarship payments on | 24122 |
| behalf of parents pursuant to section 3313.979 of the Revised Code | 24123 |
| if the superintendent of the district in which such public school | 24124 |
| is located notifies the state superintendent prior to the first | 24125 |
| day of March that the district intends to admit students from the | 24126 |
| pilot project district for the ensuing school year pursuant to | 24127 |
| section 3327.06 of the Revised Code. | 24128 |
| (D) Any parent wishing to purchase tutorial assistance from | 24129 |
| any person or governmental entity pursuant to the pilot project | 24130 |
| program under sections 3313.974 to 3313.979 of the Revised Code | 24131 |
| shall apply to the state superintendent. The state superintendent | 24132 |
| shall approve providers who appear to possess the capability of | 24133 |
| furnishing the instructional services they are offering to | 24134 |
| provide. | 24135 |
| Sec. 3313.977. (A)(1) Each registered private school shall | 24136 |
| admit students to kindergarten and first, second, and third grades | 24137 |
| in accordance with the following priorities: | 24138 |
| (a) Students who were enrolled in the school during the | 24139 |
| preceding year; | 24140 |
| (b) Siblings of students enrolled in the school during the | 24141 |
| preceding year, at the discretion of the school; | 24142 |
| (c) Children from low-income families attending school or | 24143 |
| residing in the school district in which the school is located | 24144 |
| until the number of such students in each grade equals the number | 24145 |
| that constituted twenty per cent of the total number of students | 24146 |
| enrolled in the school during the preceding year in such grade. | 24147 |
| Admission of such twenty per cent shall be by lot from among all | 24148 |
| low-income family applicants who apply prior to the fifteenth day | 24149 |
| of February prior to admission. | 24150 |
| (d) All other applicants residing anywhere, provided that all | 24151 |
| remaining available spaces shall be filled from among such | 24152 |
| applicants by lot. | 24153 |
| Children from low-income families not selected by lot under | 24154 |
| division (A)(1)(c) of this section shall be included in the | 24155 |
| lottery of all remaining applicants pursuant to division (A)(1)(d) | 24156 |
| of this section. | 24157 |
| (2) Each registered private school shall first admit to | 24158 |
| grades four
through | 24159 |
| school during the preceding year. Any remaining spaces for | 24160 |
| students in these grades may be filled as determined by the | 24161 |
| school. | 24162 |
| (B) Notwithstanding division (A) of this section, except | 24163 |
| where otherwise prohibited by federal law, a registered private | 24164 |
| school may elect to admit students of only one gender and may deny | 24165 |
| admission to any separately educated handicapped student. | 24166 |
| (C) If a scholarship student who has been accepted in | 24167 |
| accordance with this section fails to enroll in the school for any | 24168 |
| reason or withdraws from the school during the school year for any | 24169 |
| reason, the school may elect to replace such student with another | 24170 |
| scholarship student only by first offering the admission to any | 24171 |
| low-income scholarship students who filed applications by the | 24172 |
| preceding fifteenth day of February and who were not accepted at | 24173 |
| that time due to space limitations. | 24174 |
| Sec. 3313.978. (A) Annually by the first day of November, | 24175 |
| the superintendent of public instruction shall notify the pilot | 24176 |
| project school district of the number of initial scholarships that | 24177 |
| the state superintendent will be awarding in each of grades | 24178 |
|
kindergarten through | 24179 |
| The state superintendent shall provide information about the | 24180 |
| scholarship program to all students residing in the district, | 24181 |
| shall accept applications from any such students until such date | 24182 |
| as shall be established by the state superintendent as a deadline | 24183 |
| for applications, and shall establish criteria for the selection | 24184 |
| of students to receive scholarships from among all those applying | 24185 |
| prior to the deadline, which criteria shall give preference to | 24186 |
| students from low-income families. For each student selected, the | 24187 |
| state superintendent shall also determine whether the student | 24188 |
| qualifies for seventy-five or ninety per cent of the scholarship | 24189 |
| amount. Students whose family income is at or above two hundred | 24190 |
| per cent of the maximum income level established by the state | 24191 |
| superintendent for low-income families shall qualify for | 24192 |
| seventy-five per cent of the scholarship amount and students whose | 24193 |
| family income is below two hundred per cent of that maximum income | 24194 |
| level shall qualify for ninety per cent of the scholarship amount. | 24195 |
| The state superintendent shall notify students of their selection | 24196 |
| prior to the fifteenth day of January and whether they qualify for | 24197 |
| seventy-five or ninety per cent of the scholarship amount. | 24198 |
| (1) A student receiving a pilot project scholarship may | 24199 |
| utilize it at an alternative public school by notifying the | 24200 |
| district superintendent, at any time before the beginning of the | 24201 |
| school year, of the name of the public school in an adjacent | 24202 |
| school district to which the student has been accepted pursuant to | 24203 |
| section 3327.06 of the Revised Code. | 24204 |
| (2) A student may decide to utilize a pilot project | 24205 |
| scholarship at a registered private school in the district if all | 24206 |
| of the following conditions are met: | 24207 |
| (a) By the fifteenth day of February of the preceding school | 24208 |
| year, or at any time prior to the start of the school year, the | 24209 |
| parent makes an application on behalf of the student to a | 24210 |
| registered private school. | 24211 |
| (b) The registered private school notifies the parent and the | 24212 |
| state superintendent as follows that the student has been | 24213 |
| admitted: | 24214 |
| (i) By the fifteenth day of March of the preceding school | 24215 |
| year if the student filed an application by the fifteenth day of | 24216 |
| February and was admitted by the school pursuant to division (A) | 24217 |
| of section 3313.977 of the Revised Code; | 24218 |
| (ii) Within one week of the decision to admit the student if | 24219 |
| the student is admitted pursuant to division (C) of section | 24220 |
| 3313.977 of the Revised Code. | 24221 |
| (c) The student actually enrolls in the registered private | 24222 |
| school to which the student was first admitted or in another | 24223 |
| registered private school in the district or in a public school in | 24224 |
| an adjacent school district. | 24225 |
| (B) The state superintendent shall also award in any school | 24226 |
| year tutorial assistance grants to a number of students equal to | 24227 |
| the number of students who receive scholarships under division (A) | 24228 |
| of this section. Tutorial assistance grants shall be awarded | 24229 |
| solely to students who are enrolled in the public schools of the | 24230 |
| district in a grade level covered by the pilot project. Tutorial | 24231 |
| assistance grants may be used solely to obtain tutorial assistance | 24232 |
| from a provider approved pursuant to division (D) of section | 24233 |
| 3313.976 of the Revised Code. | 24234 |
| All students wishing to obtain tutorial assistance grants | 24235 |
| shall make application to the state superintendent by the first | 24236 |
| day of the school year in which the assistance will be used. The | 24237 |
| state superintendent shall award assistance grants in accordance | 24238 |
| with criteria the superintendent shall establish. For each student | 24239 |
| awarded a grant, the state superintendent shall also determine | 24240 |
| whether the student qualifies for seventy-five or ninety per cent | 24241 |
| of the grant amount and so notify the student. Students whose | 24242 |
| family income is at or above two hundred per cent of the maximum | 24243 |
| income level established by the state superintendent for | 24244 |
| low-income families shall qualify for seventy-five per cent of the | 24245 |
| grant amount and students whose family income is below two hundred | 24246 |
| per cent of that maximum income level shall qualify for ninety per | 24247 |
| cent of the grant amount. | 24248 |
| (C)(1) In the case of basic scholarships for students in | 24249 |
| grades kindergarten through eight, the scholarship amount shall | 24250 |
| not exceed the lesser of the tuition charges of the alternative | 24251 |
| school the scholarship recipient
attends or | 24252 |
| 24253 | |
| dollars before fiscal year 2007 and three thousand four hundred | 24254 |
| fifty dollars in fiscal year 2007 and thereafter. | 24255 |
| In the case of basic scholarships for students in grades nine | 24256 |
| 24257 | |
| the lesser of the tuition charges of the alternative school the | 24258 |
| scholarship recipient attends or | 24259 |
| 24260 | |
| dollars before fiscal year 2007 and three thousand four hundred | 24261 |
| fifty dollars in fiscal year 2007 and thereafter. | 24262 |
| (2) The state superintendent shall provide for an increase in | 24263 |
| the basic scholarship amount in the case of any student who is a | 24264 |
| mainstreamed handicapped student and shall further increase such | 24265 |
| amount in the case of any separately educated handicapped child. | 24266 |
| Such increases shall take into account the instruction, related | 24267 |
| services, and transportation costs of educating such students. | 24268 |
| (3) In the case of tutorial assistance grants, the grant | 24269 |
| amount shall not exceed the lesser of the provider's actual | 24270 |
|
charges for such assistance or | 24271 |
| (a) Before fiscal year 2007, a percentage established by the | 24272 |
| state superintendent, not to exceed twenty per cent, of the amount | 24273 |
| of the pilot project school district's average basic scholarship | 24274 |
| amount; | 24275 |
| (b) In fiscal year 2007 and thereafter, four hundred dollars. | 24276 |
| (4) No scholarship or tutorial assistance grant shall be | 24277 |
| awarded unless the state superintendent determines that | 24278 |
| twenty-five or ten per cent, as applicable, of the amount | 24279 |
| specified for such scholarship or grant pursuant to division | 24280 |
| (C)(1), (2), or (3) of this section will be furnished by a | 24281 |
| political subdivision, a private nonprofit or for profit entity, | 24282 |
| or another person. Only seventy-five or ninety per cent of such | 24283 |
| amounts, as applicable, shall be paid from state funds pursuant to | 24284 |
| section 3313.979 of the Revised Code. | 24285 |
| (D)(1) Annually by the first day of November, the state | 24286 |
| superintendent shall estimate the maximum per-pupil scholarship | 24287 |
| amounts for the ensuing school year. The state superintendent | 24288 |
| shall make this estimate available to the general public at the | 24289 |
| offices of the district board of education together with the forms | 24290 |
| required by division (D)(2) of this section. | 24291 |
| (2) Annually by the fifteenth day of January, the chief | 24292 |
| administrator of each registered private school located in the | 24293 |
| pilot project district and the principal of each public school in | 24294 |
| such district shall complete a parental information form and | 24295 |
| forward it to the president of the board of education. The | 24296 |
| parental information form shall be prescribed by the department of | 24297 |
| education and shall provide information about the grade levels | 24298 |
| offered, the numbers of students, tuition amounts, achievement | 24299 |
| test results, and any sectarian or other organizational | 24300 |
| affiliations. | 24301 |
| Sec. 3313.98. Notwithstanding division (D) of section | 24302 |
| 3311.19 and division (D) of section 3311.52 of the Revised Code, | 24303 |
| the provisions of this section and sections 3313.981 to 3313.983 | 24304 |
| of the Revised Code that apply to a city school district do not | 24305 |
| apply to a joint vocational or cooperative education school | 24306 |
| district unless expressly specified. | 24307 |
| (A) As used in this section and sections 3313.981 to 3313.983 | 24308 |
| of the Revised Code: | 24309 |
| (1) "Parent" means either of the natural or adoptive parents | 24310 |
| of a student, except under the following conditions: | 24311 |
| (a) When the marriage of the natural or adoptive parents of | 24312 |
| the student has been terminated by a divorce, dissolution of | 24313 |
| marriage, or annulment or the natural or adoptive parents of the | 24314 |
| student are living separate and apart under a legal separation | 24315 |
| decree and the court has issued an order allocating the parental | 24316 |
| rights and responsibilities with respect to the student, "parent" | 24317 |
| means the residential parent as designated by the court except | 24318 |
| that "parent" means either parent when the court issues a shared | 24319 |
| parenting decree. | 24320 |
| (b) When a court has granted temporary or permanent custody | 24321 |
| of the student to an individual or agency other than either of the | 24322 |
| natural or adoptive parents of the student, "parent" means the | 24323 |
| legal custodian of the child. | 24324 |
| (c) When a court has appointed a guardian for the student, | 24325 |
| "parent" means the guardian of the student. | 24326 |
| (2) "Native student" means a student entitled under section | 24327 |
| 3313.64 or 3313.65 of the Revised Code to attend school in a | 24328 |
| district adopting a resolution under this section. | 24329 |
| (3) "Adjacent district" means a city, exempted village, or | 24330 |
| local school district having territory that abuts the territory of | 24331 |
| a district adopting a resolution under this section. | 24332 |
| (4) "Adjacent district student" means a student entitled | 24333 |
| under section 3313.64 or 3313.65 of the Revised Code to attend | 24334 |
| school in an adjacent district. | 24335 |
| (5) "Adjacent district joint vocational student" means an | 24336 |
| adjacent district student who enrolls in a city, exempted village, | 24337 |
| or local school district pursuant to this section and who also | 24338 |
| enrolls in a joint vocational school district that does not | 24339 |
| contain the territory of the district for which that student is a | 24340 |
| native student and does contain the territory of the city, | 24341 |
| exempted village, or local district in which the student enrolls. | 24342 |
| (6) "Formula amount" has the same meaning as in section | 24343 |
| 3317.02 of the Revised Code. | 24344 |
| (7) "Adjusted formula amount" means the greater of the | 24345 |
| following: | 24346 |
| (a) The fiscal year 2005 formula amount multiplied by the | 24347 |
| fiscal year 2005 cost-of-doing-business factor for a district | 24348 |
| defined in the version of section 3317.02 of the Revised Code in | 24349 |
| effect that year; | 24350 |
| (b) The sum of (the current formula amount times the current | 24351 |
| cost-of-doing-business factor as defined in section 3317.02 of the | 24352 |
| Revised Code) plus the per pupil amount of the base funding | 24353 |
| supplements specified in divisions (C)(1) to (4) of section | 24354 |
| 3317.012 of the Revised Code. | 24355 |
| (8) "Poverty line" means the poverty line established by the | 24356 |
| director of the United States office of management and budget as | 24357 |
| revised by the director of the office of community services in | 24358 |
| accordance with section 673(2) of the "Community Services Block | 24359 |
| Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended. | 24360 |
| (9) "IEP" means an individualized education program defined | 24361 |
| by division (E) of section 3323.01 of the Revised Code. | 24362 |
| (10) "Other district" means a city, exempted village, or | 24363 |
| local school district having territory outside of the territory of | 24364 |
| a district adopting a resolution under this section. | 24365 |
| (11) "Other district student" means a student entitled under | 24366 |
| section 3313.64 or 3313.65 of the Revised Code to attend school in | 24367 |
| an other district. | 24368 |
| (12) "Other district joint vocational student" means a | 24369 |
| student who is enrolled in any city, exempted village, or local | 24370 |
| school district and who also enrolls in a joint vocational school | 24371 |
| district that does not contain the territory of the district for | 24372 |
| which that student is a native student in accordance with a policy | 24373 |
| adopted under section 3313.983 of the Revised Code. | 24374 |
| (B)(1) The board of education of each city, local, and | 24375 |
| exempted village school district shall adopt a resolution | 24376 |
| establishing for the school district one of the following | 24377 |
| policies: | 24378 |
| (a) A policy that entirely prohibits the enrollment of | 24379 |
| students from adjacent districts or other districts, other than | 24380 |
| students for whom tuition is paid in accordance with section | 24381 |
| 3317.08 of the Revised Code; | 24382 |
| (b) A policy that permits enrollment of students from all | 24383 |
| adjacent districts in accordance with policy statements contained | 24384 |
| in the resolution; | 24385 |
| (c) A policy that permits enrollment of students from all | 24386 |
| other districts in accordance with policy statements contained in | 24387 |
| the resolution. | 24388 |
| (2) A policy permitting enrollment of students from adjacent | 24389 |
| or from other districts, as applicable, shall provide for all of | 24390 |
| the following: | 24391 |
| (a) Application procedures, including deadlines for | 24392 |
| application and for notification of students and the | 24393 |
| superintendent of the applicable district whenever an adjacent or | 24394 |
| other district student's application is approved. | 24395 |
| (b) Procedures for admitting adjacent or other district | 24396 |
| applicants free of any tuition obligation to the district's | 24397 |
| schools, including, but not limited to: | 24398 |
| (i) The establishment of district capacity limits by grade | 24399 |
| level, school building, and education program; | 24400 |
| (ii) A requirement that all native students wishing to be | 24401 |
| enrolled in the district will be enrolled and that any adjacent or | 24402 |
| other district students previously enrolled in the district shall | 24403 |
| receive preference over first-time applicants; | 24404 |
| (iii) Procedures to ensure that an appropriate racial balance | 24405 |
| is maintained in the district schools. | 24406 |
| (C) Except as provided in section 3313.982 of the Revised | 24407 |
| Code, the procedures for admitting adjacent or other district | 24408 |
| students, as applicable, shall not include: | 24409 |
| (1) Any requirement of academic ability, or any level of | 24410 |
| athletic, artistic, or other extracurricular skills; | 24411 |
| (2) Limitations on admitting applicants because of | 24412 |
| handicapping conditions, except that a board may refuse to admit a | 24413 |
| student receiving services under Chapter 3323. of the Revised | 24414 |
| Code, if the services described in the student's IEP are not | 24415 |
| available in the district's schools; | 24416 |
| (3) A requirement that the student be proficient in the | 24417 |
| English language; | 24418 |
| (4) Rejection of any applicant because the student has been | 24419 |
| subject to disciplinary proceedings, except that if an applicant | 24420 |
| has been suspended or expelled by the student's district for ten | 24421 |
| consecutive days or more in the term for which admission is sought | 24422 |
| or in the term immediately preceding the term for which admission | 24423 |
| is sought, the procedures may include a provision denying | 24424 |
| admission of such applicant. | 24425 |
| (D)(1) Each school board permitting only enrollment of | 24426 |
| adjacent district students shall provide information about the | 24427 |
| policy adopted under this section, including the application | 24428 |
| procedures and deadlines, to the superintendent and the board of | 24429 |
| education of each adjacent district and, upon request, to the | 24430 |
| parent of any adjacent district student. | 24431 |
| (2) Each school board permitting enrollment of other district | 24432 |
| students shall provide information about the policy adopted under | 24433 |
| this section, including the application procedures and deadlines, | 24434 |
| upon request, to the board of education of any other school | 24435 |
| district or to the parent of any student anywhere in the state. | 24436 |
| (E) Any school board shall accept all credits toward | 24437 |
| graduation earned in adjacent or other district schools by an | 24438 |
| adjacent or other district student or a native student. | 24439 |
| (F)(1) No board of education may adopt a policy discouraging | 24440 |
| or prohibiting its native students from applying to enroll in the | 24441 |
| schools of an adjacent or any other district that has adopted a | 24442 |
| policy permitting such enrollment, except that: | 24443 |
| (a) A district may object to the enrollment of a native | 24444 |
| student in an adjacent or other district in order to maintain an | 24445 |
| appropriate racial balance. | 24446 |
| (b) The board of education of a district receiving funds | 24447 |
| under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended, | 24448 |
| may adopt a resolution objecting to the enrollment of its native | 24449 |
| students in adjacent or other districts if at least ten per cent | 24450 |
| of its students are included in the determination of the United | 24451 |
| States secretary of education made under section 20 U.S.C.A. | 24452 |
| 238(a). | 24453 |
| (2) If a board objects to enrollment of native students under | 24454 |
| this division, any adjacent or other district shall refuse to | 24455 |
| enroll such native students unless tuition is paid for the | 24456 |
| students in accordance with section 3317.08 of the Revised Code. | 24457 |
| An adjacent or other district enrolling such students may not | 24458 |
| receive funding for those students in accordance with section | 24459 |
| 3313.981 of the Revised Code. | 24460 |
| (G) The state board of education shall monitor school | 24461 |
| districts to ensure compliance with this section and the | 24462 |
| districts' policies. The board may adopt rules requiring uniform | 24463 |
| application procedures, deadlines for application, notification | 24464 |
| procedures, and record-keeping requirements for all school boards | 24465 |
| that adopt policies permitting the enrollment of adjacent or other | 24466 |
| district students, as applicable. If the state board adopts such | 24467 |
| rules, no school board shall adopt a policy that conflicts with | 24468 |
| those rules. | 24469 |
| (H) A resolution adopted by a board of education under this | 24470 |
| section that entirely prohibits the enrollment of students from | 24471 |
| adjacent and from other school districts does not abrogate any | 24472 |
| agreement entered into under section 3313.841 or 3313.92 of the | 24473 |
| Revised Code or any contract entered into under section 3313.90 of | 24474 |
| the Revised Code between the board of education adopting the | 24475 |
| resolution and the board of education of any adjacent or other | 24476 |
| district or prohibit these boards of education from entering into | 24477 |
| any such agreement or contract. | 24478 |
| (I) Nothing in this section shall be construed to permit or | 24479 |
| require the board of education of a city, exempted village, or | 24480 |
| local school district to exclude any native student of the | 24481 |
| district from enrolling in the district. | 24482 |
| Sec. 3314.01. (A)(1) A board of education may permit all or | 24483 |
| part of any of the schools under its control, upon request of a | 24484 |
| proposing person or group and provided the person or group meets | 24485 |
| the requirements of this chapter, to become a community school. | 24486 |
| (2) Any person or group of individuals may propose the | 24487 |
| creation of a community school pursuant to the provisions of this | 24488 |
| chapter. No nonpublic chartered or nonchartered school in | 24489 |
| existence on January 1, 1997, is eligible to become a community | 24490 |
| school under this chapter. | 24491 |
| (3) No home, as defined in section 3313.64 of the Revised | 24492 |
| Code, or any public benefit corporation affiliated with a home | 24493 |
| shall become an internet- or computer-based community school under | 24494 |
| this chapter. | 24495 |
| (B) A community school created under this chapter is a public | 24496 |
| school, independent of any school district, and is part of the | 24497 |
| state's program of education. A community school may sue and be | 24498 |
| sued, acquire facilities as needed, contract for any services | 24499 |
| necessary for the operation of the school, and enter into | 24500 |
| contracts with a sponsor pursuant to this chapter. The governing | 24501 |
| authority of a community school may carry out any act and ensure | 24502 |
| the performance of any function that is in compliance with the | 24503 |
| Ohio Constitution, this chapter, other statutes applicable to | 24504 |
| community schools, and the contract entered into under this | 24505 |
| chapter establishing the school. | 24506 |
| Sec. 3314.013. (A)(1) Until July 1, 2000, no more than | 24507 |
| seventy-five contracts between start-up schools and the state | 24508 |
| board of education may be in effect outside the pilot project area | 24509 |
| at any time under this chapter. | 24510 |
| (2) After July 1, 2000, and until July 1, 2001, no more than | 24511 |
| one hundred twenty-five contracts between start-up schools and the | 24512 |
| state board of education may be in effect outside the pilot | 24513 |
| project area at any time under this chapter. | 24514 |
| (3) This division applies only to contracts between start-up | 24515 |
| schools and the state board of education and contracts between | 24516 |
| start-up schools and entities described in divisions (C)(1)(b) to | 24517 |
| (f) of section 3314.02 of the Revised Code. | 24518 |
| Until July 1, 2005, not more than two hundred twenty-five | 24519 |
| contracts to which this division applies may be in effect at any | 24520 |
| time under this chapter. | 24521 |
| (4) This division applies only to contracts between start-up | 24522 |
| schools and entities described in divisions (C)(1)(b) to (f) of | 24523 |
| section 3314.02 of the Revised Code. | 24524 |
| After July 1, 2005, and until July 1, 2007, the number of | 24525 |
| contracts to which this division applies in effect at any time | 24526 |
| under this chapter shall be not more than twenty-five plus the | 24527 |
| number of such contracts in effect on the effective date of this | 24528 |
| amendment with schools that were open for operation as of May 1, | 24529 |
| 2005. However, up to five start-up schools the education program | 24530 |
| of which, as specified under division (A)(2) of section 3314.03 of | 24531 |
| the Revised Code, serves dropouts and students at risk of dropping | 24532 |
| out of school shall not count toward the limit established by this | 24533 |
| division. | 24534 |
| (5) This division applies only to contracts between a | 24535 |
| start-up school and the board of education of the school district | 24536 |
| in which the school is or is proposed to be located. | 24537 |
| Until July 1, 2007, the number of contracts to which this | 24538 |
| division applies in effect at any time under this chapter shall be | 24539 |
| not more than twenty-five plus the number of such contracts in | 24540 |
| effect on the effective date of this amendment with schools that | 24541 |
| were open for operation as of May 1, 2005. However, up to five | 24542 |
| start-up schools the education program of which, as specified | 24543 |
| under division (A)(2) of section 3314.03 of the Revised Code, | 24544 |
| serves dropouts and students at risk of dropping out of school | 24545 |
| shall not count toward the limit established by this division. | 24546 |
| (6) No entity described in division (C)(1) of section 3314.02 | 24547 |
| of the Revised Code shall enter into a contract with an internet- | 24548 |
| or computer-based community school between May 1, 2005, and one | 24549 |
| year after the effective date of this amendment, except as | 24550 |
| follows: | 24551 |
| (a) Any entity described in division (C)(1) of that section | 24552 |
| may renew a contract that the entity entered into with an | 24553 |
| internet- or computer-based community school prior to the | 24554 |
| effective date of this amendment. | 24555 |
| (b) Any entity described in divisions (C)(1)(a) to (e) of | 24556 |
| that section may assume sponsorship of an existing internet- or | 24557 |
| computer-based community school that was formerly sponsored by | 24558 |
| another entity and may enter into a contract with that community | 24559 |
| school in accordance with section 3314.03 of the Revised Code. | 24560 |
| (c) Any entity described in division (C)(1)(f) of that | 24561 |
| section may assume sponsorship of an existing internet- or | 24562 |
| computer-based community school in accordance with division (A)(7) | 24563 |
| of this section and may enter into a contract with that community | 24564 |
| school in accordance with section 3314.03 of the Revised Code. | 24565 |
| (7) Until July 1, 2005, any entity described in division | 24566 |
| (C)(1)(f) of section 3314.02 of the Revised Code may sponsor only | 24567 |
| a community school that formerly was sponsored by the state board | 24568 |
| of education under division (C)(1)(d) of that section, as it | 24569 |
| existed prior to April 8, 2003. After July 1, 2005, any such | 24570 |
| entity may assume sponsorship of any existing community school, | 24571 |
| and may sponsor any new community school that is not an internet- | 24572 |
| or computer-based community school. Beginning one year after the | 24573 |
| effective date of this amendment, any such entity may sponsor a | 24574 |
| new internet- or computer-based community school. | 24575 |
| (8) Nothing in division (A) of this section prohibits a | 24576 |
| community school from increasing the number of grade levels it | 24577 |
| offers. | 24578 |
| (B) Within twenty-four hours of a request by any person, the | 24579 |
| superintendent of public instruction shall indicate the number of | 24580 |
| preliminary agreements for start-up schools currently outstanding | 24581 |
| and the number of contracts for these schools in effect at the | 24582 |
| time of the request. | 24583 |
| (C) It is the intent of the general assembly to consider | 24584 |
| whether to provide limitations on the number of start-up community | 24585 |
| schools after July 1, 2001, following its examination of the | 24586 |
| results of the studies by the legislative office of education | 24587 |
| oversight required under Section 50.39 of Am. Sub. H.B. No. 215 of | 24588 |
| the 122nd general assembly and Section 50.52.2 of Am. Sub. H.B. | 24589 |
| No. 215 of the 122nd general assembly, as amended by Am. Sub. H.B. | 24590 |
| No. 770 of the 122nd general assembly. | 24591 |
| Sec. 3314.015. (A) The department of education shall be | 24592 |
| responsible for the oversight of sponsors of the community schools | 24593 |
| established under this chapter and shall provide technical | 24594 |
| assistance to schools and sponsors in their compliance with | 24595 |
| applicable laws and the terms of the contracts entered into under | 24596 |
| section 3314.03 of the Revised Code and in the development and | 24597 |
| start-up activities of those schools. In carrying out its duties | 24598 |
| under this section, the department shall do all of the following: | 24599 |
| (1) In providing technical assistance to proposing parties, | 24600 |
| governing authorities, and sponsors, conduct training sessions and | 24601 |
| distribute informational materials; | 24602 |
| (2) Approve entities to be sponsors of community schools and | 24603 |
| monitor the effectiveness of those sponsors in their oversight of | 24604 |
| the schools with which they have contracted; | 24605 |
| (3) By December thirty-first of each year, issue a report to | 24606 |
| the governor, the speaker of the house of representatives, the | 24607 |
| president of the senate, and the chairpersons of the house and | 24608 |
| senate committees principally responsible for education matters | 24609 |
| regarding the effectiveness of academic programs, operations, and | 24610 |
| legal compliance and of the financial condition of all community | 24611 |
| schools established under this chapter; | 24612 |
| (4) From time to time, make legislative recommendations to | 24613 |
| the general assembly designed to enhance the operation and | 24614 |
| performance of community schools. | 24615 |
| (B)(1) No entity listed in division (C)(1) of section 3314.02 | 24616 |
| of the Revised Code shall enter into a preliminary agreement under | 24617 |
| division (C)(2) of section 3314.02 of the Revised Code until it | 24618 |
| has received approval from the department of education to sponsor | 24619 |
| community schools under this chapter and has entered into a | 24620 |
| written agreement with the department regarding the manner in | 24621 |
| which the entity will conduct such sponsorship. The department | 24622 |
| shall adopt in accordance with Chapter 119. of the Revised Code | 24623 |
| rules containing criteria, procedures, and deadlines for | 24624 |
| processing applications for such approval, for oversight of | 24625 |
| sponsors, for revocation of the approval of sponsors, and for | 24626 |
| entering into written agreements with sponsors. The rules shall | 24627 |
| require an entity to submit evidence of the entity's ability and | 24628 |
| willingness to comply with the provisions of division (D) of | 24629 |
| section 3314.03 of the Revised Code. The rules also shall require | 24630 |
| entities approved as sponsors on and after the effective date of | 24631 |
| this amendment to demonstrate a record of financial responsibility | 24632 |
| and successful implementation of educational programs. If an | 24633 |
| entity seeking approval on or after the effective date of this | 24634 |
| amendment to sponsor community schools in this state sponsors or | 24635 |
| operates schools in another state, at least one of the schools | 24636 |
| sponsored or operated by the entity must be comparable to or | 24637 |
| better than the performance of Ohio schools in a state of academic | 24638 |
| watch under section 3302.03 of the Revised Code, as determined by | 24639 |
| the department. | 24640 |
| An entity that | 24641 |
| schools may
enter into | 24642 |
| sponsor | 24643 |
| the contract for sponsorship meets the requirements of this | 24644 |
| chapter: | 24645 |
| (a) An entity approved for sponsorship on or after July 1, | 24646 |
| 2005, may sponsor not more than fifteen schools, except that if | 24647 |
| the department subsequently determines that the schools sponsored | 24648 |
| by such an entity have demonstrated satisfactory financial, | 24649 |
| administrative, and academic performance, the department may | 24650 |
| permit the entity to sponsor up to fifty schools. | 24651 |
| (b) An entity approved for sponsorship prior to July 1, 2005, | 24652 |
| or an entity not required to be approved for sponsorship under | 24653 |
| division (B)(1) of this section, that sponsored thirty-five or | 24654 |
| fewer schools that were open for operation as of May 1, 2005, may | 24655 |
| sponsor not more than thirty-five schools, except that the | 24656 |
| department on a case-by-case basis may permit such an entity to | 24657 |
| sponsor up to fifty schools. | 24658 |
| (c) An entity approved for sponsorship prior to July 1, 2005, | 24659 |
| or an entity not required to be approved for sponsorship under | 24660 |
| division (B)(1) of this section, that sponsored more than | 24661 |
| thirty-five but not more than fifty schools that were open for | 24662 |
| operation as of May 1, 2005, may sponsor not more than the number | 24663 |
| of schools the entity sponsored that were open for operation as of | 24664 |
| May 1, 2005, except that the department on a case-by-case basis | 24665 |
| may permit such an entity to sponsor up to fifty schools. | 24666 |
| (d) An entity approved for sponsorship prior to July 1, 2005, | 24667 |
| or an entity not required to be approved for sponsorship under | 24668 |
| division (B)(1) of this section, that sponsored more than fifty | 24669 |
| schools that were open for operation as of May 1, 2005, may | 24670 |
| sponsor not more than the number of schools the entity sponsored | 24671 |
| that were open for operation as of May 1, 2005. | 24672 |
| Upon approval of an entity to be a sponsor under this | 24673 |
| division, the department shall notify the entity of the number of | 24674 |
| schools the entity may sponsor. The limit imposed on an entity to | 24675 |
| which division (B)(1)(a), (b), or (c) of this section applies | 24676 |
| shall be decreased by one for each school sponsored by the entity | 24677 |
| that permanently closes pursuant to division (C) of section | 24678 |
| 3314.36 of the Revised Code. The limit imposed on an entity to | 24679 |
| which division (B)(1)(d) of this section applies shall be | 24680 |
| decreased by one for each school sponsored by the entity that | 24681 |
| permanently closes for any reason. | 24682 |
| (2) The department of education shall determine, pursuant to | 24683 |
| criteria adopted by rule of the department, whether the mission | 24684 |
| proposed to be specified in the contract of a community school to | 24685 |
| be sponsored by a state university board of trustees or the | 24686 |
| board's designee under division (C)(1)(e) of section 3314.02 of | 24687 |
| the Revised Code complies with the requirements of that division. | 24688 |
| Such determination of the department is final. | 24689 |
| (3) The department of education shall determine, pursuant to | 24690 |
| criteria adopted by rule of the department, if any tax-exempt | 24691 |
| entity under section 501(c)(3) of the Internal Revenue Code that | 24692 |
| is proposed to be a sponsor of a community school is an | 24693 |
| education-oriented entity for purpose of satisfying the condition | 24694 |
|
prescribed in division (C)(1) | 24695 |
| the Revised Code. Such determination of the department is final. | 24696 |
| (C) If at any time the state board of education finds that a | 24697 |
| sponsor is not in compliance or is no longer willing to comply | 24698 |
| with its contract with any community school or with the | 24699 |
| department's rules for sponsorship, the state board or designee | 24700 |
| shall conduct a hearing in accordance with Chapter 119. of the | 24701 |
| Revised Code on that matter. If after the hearing, the state board | 24702 |
| or designee has confirmed the original finding, the department of | 24703 |
| education may revoke the sponsor's approval to sponsor community | 24704 |
| schools and may assume the sponsorship of any schools with which | 24705 |
| the sponsor has contracted until the earlier of the expiration of | 24706 |
| two school years or until a new sponsor as described in division | 24707 |
| (C)(1) of section 3314.02 of the Revised Code is secured by the | 24708 |
| school's governing authority. The department may extend the term | 24709 |
| of the contract in the case of a school for which it has assumed | 24710 |
| sponsorship under this division as necessary to accommodate the | 24711 |
| term of the department's authorization to sponsor the school | 24712 |
| specified in this division. | 24713 |
| (D) The decision of the department to disapprove an entity | 24714 |
| for sponsorship of a community school or to revoke approval for | 24715 |
| such sponsorship, as provided in division (C) of this section, may | 24716 |
| be appealed by the entity in accordance with section 119.12 of the | 24717 |
| Revised Code. | 24718 |
| (E) The department shall adopt procedures for use by a | 24719 |
| community school governing authority and sponsor when the school | 24720 |
| permanently closes and ceases operation, which shall include at | 24721 |
| least procedures for data reporting to the department, handling of | 24722 |
| student records, distribution of assets in accordance with section | 24723 |
| 3314.074 of the Revised Code, and other matters related to ceasing | 24724 |
| operation of the school. | 24725 |
| (F) In carrying out its duties under this chapter, the | 24726 |
| department shall not impose requirements on community schools or | 24727 |
| their sponsors that are not permitted by law or duly adopted | 24728 |
| rules. | 24729 |
| Sec. 3314.016. (A) Not later than July 1, 2006, the | 24730 |
| department of education shall select not more than two entities | 24731 |
| that have been approved for sponsorship under division (B)(1) of | 24732 |
| section 3314.015 of the Revised Code to sponsor any internet- or | 24733 |
| computer-based community school established after that date. At | 24734 |
| least one entity selected by the department shall be the sponsor | 24735 |
| of an existing internet- or computer-based community school. After | 24736 |
| July 1, 2006, no new internet- or computer-based community school | 24737 |
| shall be established under this chapter unless the school is | 24738 |
| sponsored by an entity selected by the department under this | 24739 |
| division. | 24740 |
| (B) If the department does not select at least one entity | 24741 |
| under division (A) of this section, the department shall have sole | 24742 |
| authority to sponsor any internet- or computer-based community | 24743 |
| school established after July 1, 2006. In that case, | 24744 |
| notwithstanding division (C) of section 3314.015 of the Revised | 24745 |
| Code, the term of any contract between the department and the | 24746 |
| governing authority of an internet- or computer-based community | 24747 |
| school may be for any length of time permitted under section | 24748 |
| 3314.03 of the Revised Code. | 24749 |
| (C) Nothing in this section requires an internet- or | 24750 |
| computer-based community school established prior to July 1, 2006, | 24751 |
| to secure a new sponsor. | 24752 |
| Sec. 3314.02. (A) As used in this chapter: | 24753 |
| (1) "Sponsor" means an entity listed in division (C)(1) of | 24754 |
| this section, which has been approved by the department of | 24755 |
| education to sponsor community schools and with which the | 24756 |
| governing authority of the proposed community school enters into a | 24757 |
| contract pursuant to this section. | 24758 |
| (2) "Pilot project area" means the school districts included | 24759 |
| in the territory of the former community school pilot project | 24760 |
| established by former Section 50.52 of Am. Sub. H.B. No. 215 of | 24761 |
| the 122nd general assembly. | 24762 |
| (3) "Challenged school district" means any of the following: | 24763 |
| (a) A school district that is part of the pilot project area; | 24764 |
| (b) A school district that is either in a state of academic | 24765 |
| emergency or in a state of academic watch under section 3302.03 of | 24766 |
| the Revised Code; | 24767 |
| (c) A big eight school district. | 24768 |
| (4) "Big eight school district" means a school district that | 24769 |
| for fiscal year 1997 had both of the following: | 24770 |
| (a) A percentage of children residing in the district and | 24771 |
| participating in the predecessor of Ohio works first greater than | 24772 |
| thirty per cent, as reported pursuant to section 3317.10 of the | 24773 |
| Revised Code; | 24774 |
| (b) An average daily membership greater than twelve thousand, | 24775 |
| as reported pursuant to former division (A) of section 3317.03 of | 24776 |
| the Revised Code. | 24777 |
| (5) "New start-up school" means a community school other than | 24778 |
| one created by converting all or part of an existing public | 24779 |
| school, as designated in the school's contract pursuant to | 24780 |
| division (A)(17) of section 3314.03 of the Revised Code. | 24781 |
| (6) "Urban school district" means one of the state's | 24782 |
| twenty-one urban school districts as defined in division (O) of | 24783 |
| section 3317.02 of the Revised Code as that section existed prior | 24784 |
| to July 1, 1998. | 24785 |
| (7) "Internet- or computer-based community school" means a | 24786 |
| community school established under this chapter in which the | 24787 |
| enrolled students work primarily from their residences on | 24788 |
| assignments in nonclassroom-based learning opportunities provided | 24789 |
| via an internet- or other computer-based
instructional method | 24790 |
| 24791 | |
| 24792 | |
| 24793 | |
| 24794 |
| (B) Any person or group of individuals may initially propose | 24795 |
| under this division the conversion of all or a portion of a public | 24796 |
| school to a community school. The proposal shall be made to the | 24797 |
| board of education of the city, local, or exempted village school | 24798 |
| district in which the public school is proposed to be converted. | 24799 |
| Upon receipt of a proposal, a board may enter into a preliminary | 24800 |
| agreement with the person or group proposing the conversion of the | 24801 |
| public school, indicating the intention of the board of education | 24802 |
| to support the conversion to a community school. A proposing | 24803 |
| person or group that has a preliminary agreement under this | 24804 |
| division may proceed to finalize plans for the school, establish a | 24805 |
| governing authority for the school, and negotiate a contract with | 24806 |
| the board of education. Provided the proposing person or group | 24807 |
| adheres to the preliminary agreement and all provisions of this | 24808 |
| chapter, the board of education shall negotiate in good faith to | 24809 |
| enter into a contract in accordance with section 3314.03 of the | 24810 |
| Revised Code and division (C) of this section. | 24811 |
| (C)(1) Any person or group of individuals may propose under | 24812 |
| this division the establishment of a new start-up school to be | 24813 |
| located in a challenged school district. The proposal may be made | 24814 |
| to any of the following entities: | 24815 |
| (a) The board of education of the district in which the | 24816 |
| school is proposed to be located; | 24817 |
| (b) The board of education of any joint vocational school | 24818 |
| district with territory in the county in which is located the | 24819 |
| majority of the territory of the district in which the school is | 24820 |
| proposed to be located; | 24821 |
| (c) The board of education of any other city, local, or | 24822 |
| exempted village school district having territory in the same | 24823 |
| county where the district in which the school is proposed to be | 24824 |
| located has the major portion of its territory; | 24825 |
| (d) The governing board of any educational service center; | 24826 |
| (e) A sponsoring authority designated by the board of | 24827 |
| trustees of any of the thirteen state universities listed in | 24828 |
| section 3345.011 of the Revised Code or the board of trustees | 24829 |
| itself as long as a mission of the proposed school to be specified | 24830 |
| in the contract under division (A)(2) of section 3314.03 of the | 24831 |
| Revised Code and as approved by the department of education under | 24832 |
| division (B)(2) of section 3314.015 of the Revised Code will be | 24833 |
| the practical demonstration of teaching methods, educational | 24834 |
| technology, or other teaching practices that are included in the | 24835 |
| curriculum of the university's teacher preparation program | 24836 |
| approved by the state board of education; | 24837 |
| (f) Any qualified tax-exempt entity under section 501(c)(3) | 24838 |
| of the Internal Revenue Code as long as all of the following | 24839 |
| conditions are satisfied: | 24840 |
| (i) The entity has been in operation for at least five years | 24841 |
| prior to applying to be a community school sponsor. | 24842 |
| (ii) The entity has assets of at least five hundred thousand | 24843 |
| dollars. | 24844 |
| (iii) The department of education has determined that the | 24845 |
| entity is an education-oriented entity under division (B)(3) of | 24846 |
| section 3314.015 of the Revised Code. | 24847 |
| | 24848 |
| 24849 | |
| 24850 | |
| 24851 | |
| 24852 | |
| 24853 |
| Any entity described in division (C)(1) of this section may | 24854 |
| enter into a preliminary agreement pursuant to division (C)(2) of | 24855 |
| this section with the proposing person or group. | 24856 |
| (2) A preliminary agreement indicates the intention of an | 24857 |
| entity described in division (C)(1) of this section to sponsor the | 24858 |
| community school. A proposing person or group that has such a | 24859 |
| preliminary agreement may proceed to finalize plans for the | 24860 |
| school, establish a governing authority as described in division | 24861 |
| (E) of this section for the school, and negotiate a contract with | 24862 |
| the entity. Provided the proposing person or group adheres to the | 24863 |
| preliminary agreement and all provisions of this chapter, the | 24864 |
| entity shall negotiate in good faith to enter into a contract in | 24865 |
| accordance with section 3314.03 of the Revised Code. | 24866 |
| (3) A new start-up school that is established in a school | 24867 |
| district while that district is either in a state of academic | 24868 |
| emergency or in a state of academic watch under section 3302.03 of | 24869 |
| the Revised Code may continue in existence once the school | 24870 |
| district is no longer in a state of academic emergency or academic | 24871 |
| watch, provided there is a valid contract between the school and a | 24872 |
| sponsor. | 24873 |
| (4) A copy of every preliminary agreement entered into under | 24874 |
| this division shall be filed with the superintendent of public | 24875 |
| instruction. | 24876 |
| (D) A majority vote of the board of a sponsoring entity and a | 24877 |
| majority vote of the members of the governing authority of a | 24878 |
| community school shall be required to adopt a contract and convert | 24879 |
| the public school to a community school or establish the new | 24880 |
| start-up school. Beginning on the effective date of this | 24881 |
| amendment, adoption of the contract shall occur not later than the | 24882 |
| fifteenth day of March prior to the school year in which the | 24883 |
| school will open. Up to the statewide limit prescribed in section | 24884 |
| 3314.013 of the Revised Code, an unlimited number of community | 24885 |
| schools may be established in any school district provided that a | 24886 |
| contract is entered into for each community school pursuant to | 24887 |
| this chapter. | 24888 |
| (E) As used in this division, "immediate relatives" are | 24889 |
| limited to spouses, children, parents, grandparents, siblings, and | 24890 |
| in-laws. | 24891 |
| Each new start-up community school established under this | 24892 |
| chapter shall be under the direction of a governing authority | 24893 |
| which shall consist of a board of not less than five individuals | 24894 |
| who are not owners or employees, or immediate relatives of owners | 24895 |
| or employees, of any for-profit firm that operates or manages a | 24896 |
| school for the governing authority. | 24897 |
| No person shall serve on the governing authority or operate | 24898 |
| the community school under contract with the governing authority | 24899 |
| so long as the person owes the state any money or is in a dispute | 24900 |
| over whether the person owes the state any money concerning the | 24901 |
| operation of a community school that has closed. | 24902 |
| (F) Nothing in this chapter shall be construed to permit the | 24903 |
| establishment of a community school in more than one school | 24904 |
| district under the same contract. | 24905 |
| (G) A new start-up school that is established prior to | 24906 |
| 24907 | |
| school district that is not also a big-eight school district may | 24908 |
| continue to operate after | 24909 |
| 24910 | |
| authority and the school's sponsor may be renewed, as provided | 24911 |
| under this chapter, after | 24912 |
| 24913 | |
| established in such a district unless the district is a challenged | 24914 |
| school district as defined in this section as it exists on and | 24915 |
| after | 24916 |
| Sec. 3314.021. (A) This section applies to any entity that is | 24917 |
| exempt from taxation under section 501(c)(3) of the Internal | 24918 |
| Revenue Code and that satisfies the conditions specified in | 24919 |
| divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the | 24920 |
| Revised Code but does not satisfy the condition specified in | 24921 |
| division (C)(1)(f)(i) of that section. | 24922 |
| (B) Notwithstanding division (C)(1)(f)(i) of section 3314.02 | 24923 |
| of the Revised Code, an entity described in division (A) of this | 24924 |
| section may do both of the following without obtaining the | 24925 |
| department of education's approval of its sponsorship under | 24926 |
| division (B)(1) of section 3314.015 of the Revised Code: | 24927 |
| (1) Succeed the board of trustees of a state university | 24928 |
| located in the pilot project area or that board's designee as the | 24929 |
| sponsor of a community school established under this chapter; | 24930 |
| (2) Continue to sponsor that school in conformance with the | 24931 |
| terms of the contract between the board of trustees or its | 24932 |
| designee and the governing authority of the community school and | 24933 |
| renew that contract as provided in division (E) of section 3314.03 | 24934 |
| of the Revised Code. | 24935 |
| (C) The entity that succeeds the board of trustees or the | 24936 |
| board's designee as sponsor of a community school under division | 24937 |
| (B) of this section also may enter into contracts to sponsor other | 24938 |
| community schools located in any challenged school district, | 24939 |
| without obtaining the department's approval of its sponsorship | 24940 |
| under division (B)(1) of section 3314.015 of the Revised Code, and | 24941 |
| not subject to the restriction of | 24942 |
| 24943 | |
| Revised Code, as long as the contracts conform with and the entity | 24944 |
| complies with all other requirements of this chapter. | 24945 |
| Sec. 3314.03. A copy of every contract entered into under | 24946 |
| this section shall be filed with the superintendent of public | 24947 |
| instruction. | 24948 |
| (A) Each contract entered into between a sponsor and the | 24949 |
| governing authority of a community school shall specify the | 24950 |
| following: | 24951 |
| (1) That the school shall be established as either of the | 24952 |
| following: | 24953 |
| (a) A nonprofit corporation established under Chapter 1702. | 24954 |
| of the Revised Code, if established prior to April 8, 2003; | 24955 |
| (b) A public benefit corporation established under Chapter | 24956 |
| 1702. of the Revised Code, if established after April 8, 2003; | 24957 |
| (2) The education program of the school, including the | 24958 |
| school's mission, the characteristics of the students the school | 24959 |
| is expected to attract, the ages and grades of students, and the | 24960 |
| focus of the curriculum; | 24961 |
| (3) The academic goals to be achieved and the method of | 24962 |
| measurement that will be used to determine progress toward those | 24963 |
| goals, which shall include the statewide achievement tests; | 24964 |
| (4) Performance standards by which the success of the school | 24965 |
|
will be evaluated by the sponsor | 24966 |
| the school in accordance with division (D) of section 3314.36 of | 24967 |
| the Revised Code, the contract shall specify the number of school | 24968 |
| years that the school will be evaluated under that division. | 24969 |
| (5) The admission standards of section 3314.06 of the Revised | 24970 |
| Code and, if applicable, section 3314.061 of the Revised Code; | 24971 |
| (6)(a) Dismissal procedures; | 24972 |
| (b) A requirement that the governing authority adopt an | 24973 |
| attendance policy that includes a procedure for automatically | 24974 |
| withdrawing a student from the school if the student without a | 24975 |
| legitimate excuse fails to participate in one hundred five | 24976 |
| consecutive hours of the learning opportunities offered to the | 24977 |
|
student. | 24978 |
| 24979 | |
| 24980 |
| (7) The ways by which the school will achieve racial and | 24981 |
| ethnic balance reflective of the community it serves; | 24982 |
| (8) Requirements for financial audits by the auditor of | 24983 |
| state. The contract shall require financial records of the school | 24984 |
| to be maintained in the same manner as are financial records of | 24985 |
| school districts, pursuant to rules of the auditor of state, and | 24986 |
| the audits shall be conducted in accordance with section 117.10 of | 24987 |
| the Revised Code. | 24988 |
| (9) The facilities to be used and their locations; | 24989 |
| (10) Qualifications of teachers, including a requirement that | 24990 |
| the school's classroom teachers be licensed in accordance with | 24991 |
| sections 3319.22 to 3319.31 of the Revised Code, except that a | 24992 |
| community school may engage noncertificated persons to teach up to | 24993 |
| twelve hours per week pursuant to section 3319.301 of the Revised | 24994 |
| Code; | 24995 |
| (11) That the school will comply with the following | 24996 |
| requirements: | 24997 |
| (a) | 24998 |
| amendment, the school will provide learning opportunities to a | 24999 |
| minimum of twenty-five students for a minimum of nine hundred | 25000 |
|
twenty hours per school year | 25001 |
| effective date of this amendment, the school will provide learning | 25002 |
| opportunities to a minimum of one hundred students for a minimum | 25003 |
| of nine hundred twenty hours per school year; however, the sponsor | 25004 |
| may waive the minimum number of students served by the school | 25005 |
| prescribed in this sentence, subject to the approval of the | 25006 |
| department of education. | 25007 |
| (b) The governing authority will purchase liability | 25008 |
| insurance, or otherwise provide for the potential liability of the | 25009 |
| school; | 25010 |
| (c) The school will be nonsectarian in its programs, | 25011 |
| admission policies, employment practices, and all other | 25012 |
| operations, and will not be operated by a sectarian school or | 25013 |
| religious institution; | 25014 |
| (d) The school will comply with sections 9.90, 9.91, 109.65, | 25015 |
| 121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711, | 25016 |
| 3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 3313.643, | 25017 |
| 3313.648, 3313.66, 3313.661, 3313.662, 3313.67, 3313.671, | 25018 |
| 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 3313.96, | 25019 |
| 3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14, 3321.17, | 25020 |
| 3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and | 25021 |
| 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., | 25022 |
| 4123., 4141., and 4167. of the Revised Code as if it were a school | 25023 |
| district and will comply with section 3301.0714 of the Revised | 25024 |
| Code in the manner specified in section 3314.17 of the Revised | 25025 |
| Code; | 25026 |
| (e) The school shall comply with Chapter 102. of the Revised | 25027 |
| Code except that nothing in that chapter shall prohibit a member | 25028 |
| of the school's governing board from also being an employee of the | 25029 |
| school and nothing in that chapter or section 2921.42 of the | 25030 |
| Revised Code shall prohibit a member of the school's governing | 25031 |
| board from having an interest in a contract into which the | 25032 |
| governing board enters that is not a contract with a for-profit | 25033 |
| firm for the operation or management of a school under the | 25034 |
| auspices of the governing authority; | 25035 |
| (f) The school will comply with sections 3313.61, 3313.611, | 25036 |
| and 3313.614 of the Revised Code, except that the requirement in | 25037 |
| sections 3313.61 and 3313.611 of the Revised Code that a person | 25038 |
| must successfully complete the curriculum in any high school prior | 25039 |
| to receiving a high school diploma may be met by completing the | 25040 |
| curriculum adopted by the governing authority of the community | 25041 |
| school rather than the curriculum specified in Title XXXIII of the | 25042 |
| Revised Code or any rules of the state board of education; | 25043 |
| (g) The school governing authority will submit within four | 25044 |
| months after the end of each school year a report of its | 25045 |
| activities and progress in meeting the goals and standards of | 25046 |
| divisions (A)(3) and (4) of this section and its financial status | 25047 |
| to the sponsor, the parents of all students enrolled in the | 25048 |
| school, and the legislative office of education oversight. The | 25049 |
| school will collect and provide any data that the legislative | 25050 |
| office of education oversight requests in furtherance of any study | 25051 |
| or research that the general assembly requires the office to | 25052 |
| conduct, including the studies required under Section 50.39 of Am. | 25053 |
| Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of | 25054 |
| Am. Sub. H.B. 215 of the 122nd general assembly, as amended. | 25055 |
| (12) Arrangements for providing health and other benefits to | 25056 |
| employees; | 25057 |
| (13) The length of the contract, which shall begin at the | 25058 |
| beginning of an academic year. No contract shall exceed five years | 25059 |
| unless such contract has been renewed pursuant to division (E) of | 25060 |
| this section. | 25061 |
| (14) The governing authority of the school, which shall be | 25062 |
| responsible for carrying out the provisions of the contract; | 25063 |
| (15) A financial plan detailing an estimated school budget | 25064 |
| for each year of the period of the contract and specifying the | 25065 |
| total estimated per pupil expenditure amount for each such year. | 25066 |
| The plan shall specify for each year the base formula amount that | 25067 |
| will be used for purposes of funding calculations under section | 25068 |
| 3314.08 of the Revised Code. This base formula amount for any year | 25069 |
| shall not exceed the formula amount defined under section 3317.02 | 25070 |
| of the Revised Code. The plan may also specify for any year a | 25071 |
| percentage figure to be used for reducing the per pupil amount of | 25072 |
| 25073 | |
| section 3317.029 of the Revised Code the school is to receive that | 25074 |
| year under section 3314.08 of the Revised Code. | 25075 |
| (16) Requirements and procedures regarding the disposition of | 25076 |
| employees of the school in the event the contract is terminated or | 25077 |
| not renewed pursuant to section 3314.07 of the Revised Code; | 25078 |
| (17) Whether the school is to be created by converting all or | 25079 |
| part of an existing public school or is to be a new start-up | 25080 |
| school, and if it is a converted public school, specification of | 25081 |
| any duties or responsibilities of an employer that the board of | 25082 |
| education that operated the school before conversion is delegating | 25083 |
| to the governing board of the community school with respect to all | 25084 |
| or any specified group of employees provided the delegation is not | 25085 |
| prohibited by a collective bargaining agreement applicable to such | 25086 |
| employees; | 25087 |
| (18) Provisions establishing procedures for resolving | 25088 |
| disputes or differences of opinion between the sponsor and the | 25089 |
| governing authority of the community school; | 25090 |
| (19) A provision requiring the governing authority to adopt a | 25091 |
| policy regarding the admission of students who reside outside the | 25092 |
| district in which the school is located. That policy shall comply | 25093 |
| with the admissions procedures specified
in | 25094 |
| 3314.06 and 3314.061 of the Revised Code and, at the sole | 25095 |
| discretion of the authority, shall do one of the following: | 25096 |
| (a) Prohibit the enrollment of students who reside outside | 25097 |
| the district in which the school is located; | 25098 |
| (b) Permit the enrollment of students who reside in districts | 25099 |
| adjacent to the district in which the school is located; | 25100 |
| (c) Permit the enrollment of students who reside in any other | 25101 |
| district in the state. | 25102 |
| (20) A provision recognizing the authority of the department | 25103 |
| of education to take over the sponsorship of the school in | 25104 |
| accordance with the provisions of division (C) of section 3314.015 | 25105 |
| of the Revised Code; | 25106 |
| (21) A provision recognizing the sponsor's authority to | 25107 |
| assume the operation of a school under the conditions specified in | 25108 |
| division (B) of section 3314.073 of the Revised Code; | 25109 |
| (22) A provision recognizing both of the following: | 25110 |
| (a) The authority of public health and safety officials to | 25111 |
| inspect the facilities of the school and to order the facilities | 25112 |
| closed if those officials find that the facilities are not in | 25113 |
| compliance with health and safety laws and regulations; | 25114 |
| (b) The authority of the department of education as the | 25115 |
| community school oversight body to suspend the operation of the | 25116 |
| school under section 3314.072 of the Revised Code if the | 25117 |
| department has evidence of conditions or violations of law at the | 25118 |
| school that pose an imminent danger to the health and safety of | 25119 |
| the school's students and employees and the sponsor refuses to | 25120 |
| take such action; | 25121 |
| (23) A description of the learning opportunities that will be | 25122 |
| offered to students including both classroom-based and | 25123 |
| non-classroom-based learning opportunities that is in compliance | 25124 |
| with criteria for student participation established by the | 25125 |
| department under division (L)(2) of section 3314.08 of the Revised | 25126 |
| Code; | 25127 |
| (24) The school will comply with section 3302.04 of the | 25128 |
| Revised Code, including division (E) of that section to the extent | 25129 |
| possible, except that any action required to be taken by a school | 25130 |
| district pursuant to that section shall be taken by the sponsor of | 25131 |
| the school. However, the sponsor shall not be required to take any | 25132 |
| action described in division (F) of that section. | 25133 |
| (25) Beginning in the 2006-2007 school year, the school will | 25134 |
| open for operation not later than the thirtieth day of September | 25135 |
| each school year, unless the mission of the school as specified | 25136 |
| under division (A)(2) of this section is solely to serve dropouts. | 25137 |
| In its initial year of operation, if the school fails to open by | 25138 |
| the thirtieth day of September, or within one year after the | 25139 |
| adoption of the contract pursuant to division (D) of section | 25140 |
| 3314.02 of the Revised Code if the mission of the school is solely | 25141 |
| to serve dropouts, the contract shall be void. | 25142 |
| (B) The community school shall also submit to the sponsor a | 25143 |
| comprehensive plan for the school. The plan shall specify the | 25144 |
| following: | 25145 |
| (1) The process by which the governing authority of the | 25146 |
| school will be selected in the future; | 25147 |
| (2) The management and administration of the school; | 25148 |
| (3) If the community school is a currently existing public | 25149 |
| school, alternative arrangements for current public school | 25150 |
| students who choose not to attend the school and teachers who | 25151 |
| choose not to teach in the school after conversion; | 25152 |
| (4) The instructional program and educational philosophy of | 25153 |
| the school; | 25154 |
| (5) Internal financial controls. | 25155 |
| (C) A contract entered into under section 3314.02 of the | 25156 |
| Revised Code between a sponsor and the governing authority of a | 25157 |
| community school may provide for the community school governing | 25158 |
| authority to make payments to the sponsor, which is hereby | 25159 |
| authorized to receive such payments as set forth in the contract | 25160 |
| between the governing authority and the sponsor. The total amount | 25161 |
| of such payments for oversight and monitoring of the school shall | 25162 |
| not exceed three per cent of the total amount of payments for | 25163 |
| operating expenses that the school receives from the state. | 25164 |
| Beginning July 1, 2006, no sponsor shall charge a community school | 25165 |
| it sponsors a fee for any services provided to the school, except | 25166 |
| as authorized by this division. | 25167 |
| (D) The contract shall specify the duties of the sponsor | 25168 |
| which shall be in accordance with the written agreement entered | 25169 |
| into with the department of education under division (B) of | 25170 |
| section 3314.015 of the Revised Code and shall include the | 25171 |
| following: | 25172 |
| (1) Monitor the community school's compliance with all laws | 25173 |
| applicable to the school and with the terms of the contract; | 25174 |
| (2) Monitor and evaluate the academic and fiscal performance | 25175 |
| and the organization and operation of the community school on at | 25176 |
| least an annual basis; | 25177 |
| (3) Report on an annual basis the results of the evaluation | 25178 |
| conducted under division (D)(2) of this section to the department | 25179 |
| of education and to the parents of students enrolled in the | 25180 |
| community school; | 25181 |
| (4) Provide technical assistance to the community school in | 25182 |
| complying with laws applicable to the school and terms of the | 25183 |
| contract; | 25184 |
| (5) Take steps to intervene in the school's operation to | 25185 |
| correct problems in the school's overall performance, declare the | 25186 |
| school to be on probationary status pursuant to section 3314.073 | 25187 |
| of the Revised Code, suspend the operation of the school pursuant | 25188 |
| to section 3314.072 of the Revised Code, or terminate the contract | 25189 |
| of the school pursuant to section 3314.07 of the Revised Code as | 25190 |
| determined necessary by the sponsor; | 25191 |
| (6) Have in place a plan of action to be undertaken in the | 25192 |
| event the community school experiences financial difficulties or | 25193 |
| closes prior to the end of a school year. | 25194 |
| (E) Upon the expiration of a contract entered into under this | 25195 |
| section, the sponsor of a community school may, with the approval | 25196 |
| of the governing authority of the school, renew that contract for | 25197 |
| a period of time determined by the sponsor, but not ending earlier | 25198 |
| than the end of any school year, if the sponsor finds that the | 25199 |
| school's compliance with applicable laws and terms of the contract | 25200 |
| and the school's progress in meeting the academic goals prescribed | 25201 |
| in the contract have been satisfactory. Any contract that is | 25202 |
| renewed under this division remains subject to the provisions of | 25203 |
| sections 3314.07, 3314.072, and 3314.073 of the Revised Code. | 25204 |
| (F) If a community school fails to open for operation within | 25205 |
| one year after the contract entered into under this section is | 25206 |
| adopted pursuant to division (D) of section 3314.02 of the Revised | 25207 |
| Code or permanently closes prior to the expiration of the | 25208 |
| contract, the contract shall be void and the school shall not | 25209 |
| enter into a contract with any other sponsor. A school shall not | 25210 |
| be considered permanently closed because the operations of the | 25211 |
| school have been suspended pursuant to section 3314.072 of the | 25212 |
| Revised Code. Any contract that becomes void under this division | 25213 |
| shall not count toward any statewide limit on the number of such | 25214 |
| contracts prescribed by section 3314.013 of the Revised Code. | 25215 |
| Sec. 3314.06. The governing authority of each community | 25216 |
| school established under this chapter shall adopt admission | 25217 |
| procedures that specify the following: | 25218 |
| (A) That except as otherwise provided in this section, | 25219 |
| admission to the school shall be open to any individual age five | 25220 |
| to twenty-two entitled to attend school pursuant to section | 25221 |
| 3313.64 or 3313.65 of the Revised Code in a school district in the | 25222 |
| state. | 25223 |
| (B)(1) That admission to the school may be limited to | 25224 |
| students who have attained a specific grade level or are within a | 25225 |
| specific age group; to students that meet a definition of | 25226 |
|
"at-risk," as
defined in the contract; | 25227 |
| specific geographic area within the district, as defined in the | 25228 |
| contract; or to separate groups of autistic students and | 25229 |
| nonhandicapped students, as authorized in section 3314.061 of the | 25230 |
| Revised Code and as defined in the contract. | 25231 |
| (2) For purposes of division (B)(1) of this section, | 25232 |
| "at-risk" students may include those students identified as gifted | 25233 |
| students under section 3324.03 of the Revised Code. | 25234 |
| (C) Whether enrollment is limited to students who reside in | 25235 |
| the district in which the school is located or is open to | 25236 |
| residents of other districts, as provided in the policy adopted | 25237 |
| pursuant to the contract. | 25238 |
| (D)(1) That there will be no discrimination in the admission | 25239 |
| of students to the school on the basis of race, creed, color, | 25240 |
|
handicapping
condition, or sex
except that | 25241 |
| (a) The governing authority may establish single-gender | 25242 |
| schools for the purpose described in division (G) of this section | 25243 |
| provided comparable facilities and learning opportunities are | 25244 |
| offered for both boys and girls. Such comparable facilities and | 25245 |
| opportunities may be offered for each sex at separate locations. | 25246 |
| (b) The governing authority may establish a school that | 25247 |
| simultaneously serves a group of students identified as autistic | 25248 |
| and a group of students who are not handicapped, as authorized in | 25249 |
| section 3314.061 of the Revised Code. However, unless the total | 25250 |
| capacity established for the school has been filled, no student | 25251 |
| with any handicap shall be denied admission on the basis of that | 25252 |
| handicap. | 25253 |
| (2) That upon admission of any handicapped student, the | 25254 |
| community school will comply with all federal and state laws | 25255 |
| regarding the education of handicapped students. | 25256 |
| (E) That the school may not limit admission to students on | 25257 |
| the basis of intellectual ability, measures of achievement or | 25258 |
| aptitude, or athletic ability, except that a school may limit its | 25259 |
|
enrollment to students as described in division (B) | 25260 |
| section. | 25261 |
| (F) That the community school will admit the number of | 25262 |
| students that does not exceed the capacity of the school's | 25263 |
| programs, classes, grade levels, or facilities. | 25264 |
| (G) That the purpose of single-gender schools that are | 25265 |
| established shall be to take advantage of the academic benefits | 25266 |
| some students realize from single-gender instruction and | 25267 |
| facilities and to offer students and parents residing in the | 25268 |
| district the option of a single-gender education. | 25269 |
| (H) That, except as otherwise provided under division (B) of | 25270 |
| this section or section 3314.061 of the Revised Code, if the | 25271 |
| number of applicants exceeds the capacity restrictions of division | 25272 |
| (F) of this section, students shall be admitted by lot from all | 25273 |
| those submitting applications, except preference shall be given to | 25274 |
| students attending the school the previous year and to students | 25275 |
| who reside in the district in which the school is located. | 25276 |
| Preference may be given to siblings of students attending the | 25277 |
| school the previous year. | 25278 |
| Notwithstanding divisions (A) to (H) of this section, in the | 25279 |
| event the racial composition of the enrollment of the community | 25280 |
| school is violative of a federal desegregation order, the | 25281 |
| community school shall take any and all corrective measures to | 25282 |
| comply with the desegregation order. | 25283 |
| Sec. 3314.061. A governing authority may establish a | 25284 |
| community school under this chapter that is limited to providing | 25285 |
| simultaneously special education and related services to a | 25286 |
| specified number of students identified as autistic and regular | 25287 |
| educational programs to a specified number of students who are not | 25288 |
| handicapped. The contract between the governing authority and the | 25289 |
| school's sponsor shall specify the target ratio of number of | 25290 |
| autistic students to number of nonhandicapped students in the | 25291 |
| school's population, the total number of autistic students that | 25292 |
| may be enrolled in the school, and the total number of | 25293 |
| nonhandicapped students that may be enrolled in the school. A | 25294 |
| school established in accordance with this section is subject to | 25295 |
| division (H) of section 3314.06 of the Revised Code, except that | 25296 |
| because the governing authority establishes a separate capacity | 25297 |
| for autistic students and nonhandicapped students, if the number | 25298 |
| of applicants among the group of autistic students or the group of | 25299 |
| nonhandicapped students exceeds the capacity restrictions for that | 25300 |
| group, students shall be admitted by lot from all those of that | 25301 |
| same group submitting applications. However, unless the total | 25302 |
| capacity established for the school has been filled, no student | 25303 |
| with any handicap shall be denied admission on the basis of that | 25304 |
| handicap. | 25305 |
| Sec. 3314.074. Divisions (A) and (B) of this section apply | 25306 |
| only to the extent permitted under Chapter 1702. of the Revised | 25307 |
| Code. | 25308 |
| (A) If any community school established under this chapter | 25309 |
| permanently closes and ceases its operation as a community school, | 25310 |
| the assets of that school shall be distributed first to the | 25311 |
| retirement funds of employees of the school, employees of the | 25312 |
| school, and private creditors who are owed compensation and then | 25313 |
| any remaining funds shall be paid to the state treasury to the | 25314 |
| credit of the general revenue fund. | 25315 |
| (B) If a community school closes and ceases to operate as a | 25316 |
| community school and the school has received computer hardware or | 25317 |
| software from the former Ohio SchoolNet commission or the eTech | 25318 |
| Ohio commission, such hardware or software shall be returned to | 25319 |
| the eTech Ohio commission, and the eTech Ohio commission shall | 25320 |
| redistribute the hardware and software, to the extent such | 25321 |
| redistribution is possible, to school districts in conformance | 25322 |
| with the provisions of the programs operated and administered by | 25323 |
| the eTech Ohio commission. | 25324 |
| (C) If the assets of the school are insufficient to pay all | 25325 |
| persons or entities to whom compensation is owed, the | 25326 |
| prioritization of the distribution of the assets to individual | 25327 |
| persons or entities within each class of payees may be determined | 25328 |
| by decree of a court in accordance with this section and Chapter | 25329 |
| 1702. of the Revised Code. | 25330 |
| Sec. 3314.08. (A) As used in this section: | 25331 |
| (1) "Base formula amount" means the amount specified as such | 25332 |
| in a community school's financial plan for a school year pursuant | 25333 |
| to division (A)(15) of section 3314.03 of the Revised Code. | 25334 |
| (2) "Cost-of-doing-business factor" has the same meaning as | 25335 |
| in section 3317.02 of the Revised Code. | 25336 |
| (3) "IEP" means an individualized education program as | 25337 |
| defined in section 3323.01 of the Revised Code. | 25338 |
| (4) "Applicable special education weight" means the multiple | 25339 |
| specified in section 3317.013 of the Revised Code for a handicap | 25340 |
| described in that section. | 25341 |
| (5) "Applicable vocational education weight" means: | 25342 |
| (a) For a student enrolled in vocational education programs | 25343 |
| or classes described in division (A) of section 3317.014 of the | 25344 |
| Revised Code, the multiple specified in that division; | 25345 |
| (b) For a student enrolled in vocational education programs | 25346 |
| or classes described in division (B) of section 3317.014 of the | 25347 |
| Revised Code, the multiple specified in that division. | 25348 |
| (6) "Entitled to attend school" means entitled to attend | 25349 |
| school in a district under section 3313.64 or 3313.65 of the | 25350 |
| Revised Code. | 25351 |
| (7)
A community school student
is "included in the | 25352 |
| poverty student count" of a school district if the student is | 25353 |
| entitled to
attend school in the district and | 25354 |
| | 25355 |
| family receives assistance under the Ohio works first program. | 25356 |
| | 25357 |
| 25358 | |
| 25359 | |
| 25360 | |
| 25361 |
| (8) " | 25362 |
| the percentage figure, if any, for reducing the per pupil amount | 25363 |
|
of | 25364 |
| community school is entitled to receive pursuant to divisions | 25365 |
| (D)(5) and (6) of this section in any year, as specified in the | 25366 |
| school's financial plan for the year pursuant to division (A)(15) | 25367 |
| of section 3314.03 of the Revised Code. | 25368 |
| (9) "All-day kindergarten" has the same meaning as in section | 25369 |
| 3317.029 of the Revised Code. | 25370 |
| (10) "SF-3 payment" means the sum of the payments to a school | 25371 |
| district in a fiscal year under divisions (A), (C)(1), (C)(4), | 25372 |
| (D), (E), and (F) of section 3317.022, divisions (J), (P), and (R) | 25373 |
| of section 3317.024, and sections 3317.029, | 25374 |
| 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of | 25375 |
| the Revised Code after making the adjustments required by sections | 25376 |
| 3313.981 and 3313.979, divisions (B), (C), (D), (E), (K), (L), | 25377 |
| (M), and (N) of section 3317.023, and division (C) of section | 25378 |
| 3317.20 of the Revised Code. | 25379 |
| (B) The state board of education shall adopt rules requiring | 25380 |
| both of the following: | 25381 |
| (1) The board of education of each city, exempted village, | 25382 |
| and local school district to annually report the number of | 25383 |
| students entitled to attend school in the district who are | 25384 |
| enrolled in grades one through twelve in a community school | 25385 |
| established under this chapter, the number of students entitled to | 25386 |
| attend school in the district who are enrolled in kindergarten in | 25387 |
| a community school, the number of those kindergartners who are | 25388 |
| enrolled in all-day kindergarten in their community school, and | 25389 |
| for each child, the community school in which the child is | 25390 |
| enrolled. | 25391 |
| (2) The governing authority of each community school | 25392 |
| established under this chapter to annually report all of the | 25393 |
| following: | 25394 |
| (a) The number of students enrolled in grades one through | 25395 |
| twelve and the number of students enrolled in kindergarten in the | 25396 |
| school who are not receiving special education and related | 25397 |
| services pursuant to an IEP; | 25398 |
| (b) The number of enrolled students in grades one through | 25399 |
| twelve and the number of enrolled students in kindergarten, who | 25400 |
| are receiving special education and related services pursuant to | 25401 |
| an IEP; | 25402 |
| (c) The number of students reported under division (B)(2)(b) | 25403 |
| of this section receiving special education and related services | 25404 |
| pursuant to an IEP for a handicap described in each of divisions | 25405 |
| (A) to (F) of section 3317.013 of the Revised Code; | 25406 |
| (d) The full-time equivalent number of students reported | 25407 |
| under divisions (B)(2)(a) and (b) of this section who are enrolled | 25408 |
| in vocational education programs or classes described in each of | 25409 |
| divisions (A) and (B) of section 3317.014 of the Revised Code that | 25410 |
| are provided by the community school; | 25411 |
| (e) Twenty per cent of the number of students reported under | 25412 |
| divisions (B)(2)(a) and (b) of this section who are not reported | 25413 |
| under division (B)(2)(d) of this section but who are enrolled in | 25414 |
| vocational education programs or classes described in each of | 25415 |
| divisions (A) and (B) of section 3317.014 of the Revised Code at a | 25416 |
| joint vocational school district under a contract between the | 25417 |
| community school and the joint vocational school district and are | 25418 |
| entitled to attend school in a city, local, or exempted village | 25419 |
| school district whose territory is part of the territory of the | 25420 |
| joint vocational district; | 25421 |
| (f) The number of enrolled preschool handicapped students | 25422 |
| receiving special education services in a state-funded unit; | 25423 |
| (g) The community school's base formula amount; | 25424 |
| (h) For each student, the city, exempted village, or local | 25425 |
| school district in which the student is entitled to attend school; | 25426 |
| (i) Any | 25427 |
| applies to a school year. | 25428 |
| (C) From the SF-3 payment made to a city, exempted village, | 25429 |
| or local school district and, if necessary, from the payment made | 25430 |
| to the district under sections 321.24 and 323.156 of the Revised | 25431 |
| Code, the department of education shall annually subtract the sum | 25432 |
| of the
amounts described in divisions (C)(1) to | 25433 |
| section. However, when deducting payments on behalf of students | 25434 |
| enrolled in internet- or computer-based community schools, the | 25435 |
| department shall deduct only those amounts described in divisions | 25436 |
| (C)(1) and (2) of this section. Furthermore, the aggregate amount | 25437 |
| deducted under this division shall not exceed the sum of the | 25438 |
| district's SF-3 payment and its payment under sections 321.24 and | 25439 |
| 323.156 of the Revised Code. | 25440 |
| (1) An amount equal to the sum of the amounts obtained when, | 25441 |
| for each community school where the district's students are | 25442 |
| enrolled, the number of the district's students reported under | 25443 |
| divisions (B)(2)(a), (b), and (e) of this section who are enrolled | 25444 |
| in grades one through twelve, and one-half the number of students | 25445 |
| reported under those divisions who are enrolled in kindergarten, | 25446 |
| in that community school is multiplied by the greater of the | 25447 |
| following: | 25448 |
| (a) The fiscal year 2005 base formula amount of that | 25449 |
| community school as adjusted by the school district's fiscal year | 25450 |
| 2005 cost-of-doing-business factor; | 25451 |
| (b) The sum of (the current base formula amount of that | 25452 |
| community school times the school district's current | 25453 |
| cost-of-doing-business factor) plus the per pupil amount of the | 25454 |
| base funding supplements specified in divisions (C)(1) to (4) of | 25455 |
| section 3317.012 of the Revised Code. | 25456 |
| (2) The sum of the amounts calculated under divisions | 25457 |
| (C)(2)(a) and (b) of this section: | 25458 |
| (a) For each of the district's students reported under | 25459 |
| division (B)(2)(c) of this section as enrolled in a community | 25460 |
| school in grades one through twelve and receiving special | 25461 |
| education and related services pursuant to an IEP for a handicap | 25462 |
| described in section 3317.013 of the Revised Code, the product of | 25463 |
| the applicable special education weight times the community | 25464 |
| school's base formula amount; | 25465 |
| (b) For each of the district's students reported under | 25466 |
| division (B)(2)(c) of this section as enrolled in kindergarten in | 25467 |
| a community school and receiving special education and related | 25468 |
| services pursuant to an IEP for a handicap described in section | 25469 |
| 3317.013 of the Revised Code, one-half of the amount calculated as | 25470 |
| prescribed in division (C)(2)(a) of this section. | 25471 |
| (3) For each of the district's students reported under | 25472 |
| division (B)(2)(d) of this section for whom payment is made under | 25473 |
| division (D)(4) of this section, the amount of that payment; | 25474 |
| (4) An amount equal to the sum of the amounts obtained when, | 25475 |
| for each community school where the district's students are | 25476 |
| enrolled, the number of the district's students enrolled in that | 25477 |
|
community school
who are included in the district's | 25478 |
| student count is multiplied by the per pupil amount of | 25479 |
| 25480 | |
| district receives that year pursuant to division (B) or (C) of | 25481 |
| section 3317.029 of
the
Revised
Code, as
adjusted by any | 25482 |
| poverty-based assistance reduction factor of that community | 25483 |
|
school.
If
the district receives
| 25484 |
| poverty-based assistance under division (B) of that section, the | 25485 |
| per pupil amount of that aid is the quotient of the amount the | 25486 |
| district received under that division divided by the district's | 25487 |
| 25488 | |
|
district receives
| 25489 |
| assistance under division (C) of section 3317.029 of the Revised | 25490 |
| Code, the per pupil amount of that aid is the per pupil dollar | 25491 |
|
amount prescribed for the
district in
| 25492 |
| 25493 |
| (5) An amount equal to the sum of the amounts obtained when, | 25494 |
| for each community school where the district's students are | 25495 |
| enrolled, the district's per pupil amount of aid received under | 25496 |
| division (E) of section 3317.029 of the Revised Code, as adjusted | 25497 |
|
by any
| 25498 |
| community school, is multiplied by the sum of the following: | 25499 |
| (a) The number of the district's students reported under | 25500 |
| division (B)(2)(a) of this section who are enrolled in grades one | 25501 |
| to three in that community school and who are not receiving | 25502 |
| special education and related services pursuant to an IEP; | 25503 |
| (b) One-half of the district's students who are enrolled in | 25504 |
| all-day or any other kindergarten class in that community school | 25505 |
| and who are not receiving special education and related services | 25506 |
| pursuant to an IEP; | 25507 |
| (c) One-half of the district's students who are enrolled in | 25508 |
| all-day kindergarten in that community school and who are not | 25509 |
| receiving special education and related services pursuant to an | 25510 |
| IEP. | 25511 |
| The district's per pupil amount of aid under division (E) of | 25512 |
| section 3317.029 of the Revised Code is the quotient of the amount | 25513 |
| the district received under that division divided by the | 25514 |
| district's kindergarten through third grade ADM, as defined in | 25515 |
| that section. | 25516 |
| (6) An amount equal to the sum of the amounts obtained when, | 25517 |
| for each community school where the district's students are | 25518 |
| enrolled, the district's per pupil amount received under division | 25519 |
| (F) of section 3317.029 of the Revised Code, as adjusted by any | 25520 |
| poverty-based assistance reduction factor of that community | 25521 |
| school, is multiplied by the number of the district's students | 25522 |
| enrolled in the community school who are identified as | 25523 |
| limited-English proficient. | 25524 |
| The district's per pupil amount under division (F) of section | 25525 |
| 3317.029 of the Revised Code is the amount calculated under | 25526 |
| division (F)(1) or (2) of that section, times a multiple of 0.40 | 25527 |
| in fiscal year 2006 and 0.70 in fiscal year 2007. | 25528 |
| (7) An amount equal to the sum of the amounts obtained when, | 25529 |
| for each community school where the district's students are | 25530 |
| enrolled, the district's per pupil amount received under division | 25531 |
| (G) of section 3317.029 of the Revised Code, as adjusted by any | 25532 |
| poverty-based assistance reduction factor of that community | 25533 |
| school, is multiplied by the sum of the following: | 25534 |
| (a) The number of the district's students enrolled in grades | 25535 |
| one through twelve in that community school; | 25536 |
| (b) One-half of the number of the district's students | 25537 |
| enrolled in kindergarten in that community school. | 25538 |
| The district's per pupil amount under division (G) of section | 25539 |
| 3317.029 of the Revised Code is the district's amount per teacher | 25540 |
| calculated under division (G)(1) or (2) of that section divided by | 25541 |
| 17, times a multiple of 0.40 in fiscal year 2006 and 0.70 in | 25542 |
| fiscal year 2007. | 25543 |
| (8) An amount equal to the sum of the amounts obtained when, | 25544 |
| for each community school where the district's students are | 25545 |
| enrolled, the district's per pupil amount received under divisions | 25546 |
| (H) and (I) of section 3317.029 of the Revised Code, as adjusted | 25547 |
| by any poverty-based assistance reduction factor of that community | 25548 |
| school, is multiplied by the sum of the following: | 25549 |
| (a) The number of the district's students enrolled in grades | 25550 |
| one through twelve in that community school; | 25551 |
| (b) One-half of the number of the district's students | 25552 |
| enrolled in kindergarten in that community school. | 25553 |
| The district's per pupil amount under divisions (H) and (I) | 25554 |
| of section 3317.029 of the Revised Code is the amount calculated | 25555 |
| under each division divided by the district's formula ADM, as | 25556 |
| defined in section 3317.02 of the Revised Code. | 25557 |
| (9) An amount equal to the per pupil state parity aid funding | 25558 |
| calculated for the school district under either division (C) or | 25559 |
| (D) of section 3317.0217 of the Revised Code multiplied by the sum | 25560 |
| of the number of students in grades one through twelve, and | 25561 |
| one-half of the number of students in kindergarten, who are | 25562 |
| entitled to attend school in the district and are enrolled in a | 25563 |
| community school as reported under division (B)(1) of this | 25564 |
| section. | 25565 |
| (D) The department shall annually pay to a community school | 25566 |
| established under this chapter the sum of the amounts described in | 25567 |
| divisions (D)(1) to | 25568 |
| department shall calculate and pay to each internet- or | 25569 |
| computer-based community school only the amounts described in | 25570 |
| divisions (D)(1) to (3) of this section. Furthermore, the sum of | 25571 |
| the payments to all community schools under divisions (D)(1), (2), | 25572 |
| and (4) | 25573 |
| students entitled to attend school in any particular school | 25574 |
| district shall not exceed the sum of that district's SF-3 payment | 25575 |
| and its payment under sections 321.24 and 323.156 of the Revised | 25576 |
| Code. If the sum of the payments calculated under those divisions | 25577 |
| for the students entitled to attend school in a particular school | 25578 |
| district exceeds the sum of that district's SF-3 payment and its | 25579 |
| payment under sections 321.24 and 323.156 of the Revised Code, the | 25580 |
| department shall calculate and apply a proration factor to the | 25581 |
| payments to all community schools under those divisions for the | 25582 |
| students entitled to attend school in that district. | 25583 |
| (1) | 25584 |
| amount equal to the sum of the amounts obtained when the number of | 25585 |
| students enrolled in grades one through twelve, plus one-half of | 25586 |
| the kindergarten students in the school, reported under divisions | 25587 |
| (B)(2)(a), (b), and (e) of this section who are not receiving | 25588 |
| special education and related services pursuant to an IEP for a | 25589 |
| handicap described in section 3317.013 of the Revised Code is | 25590 |
| multiplied by the greater of the following: | 25591 |
| (a) The community school's fiscal year 2005 base formula | 25592 |
| amount, as adjusted by the fiscal year 2005 cost-of-doing-business | 25593 |
| factor of the school district in which the student is entitled to | 25594 |
| attend school; | 25595 |
| (b) The sum of (the community school's current base formula | 25596 |
| amount times the current cost-of-doing-business factor of the | 25597 |
| school district in which the student is entitled to attend school) | 25598 |
| plus the per pupil amount of the base funding supplements | 25599 |
| specified in divisions (C)(1) to (4) of section 3317.012 of the | 25600 |
| Revised Code. | 25601 |
| (2) The greater of the following: | 25602 |
| (a) The aggregate amount that the department paid to the | 25603 |
| community school in fiscal year 1999 for students receiving | 25604 |
| special education and related services pursuant to IEPs, excluding | 25605 |
| federal funds and state disadvantaged pupil impact aid funds; | 25606 |
| (b) The sum of the amounts calculated under divisions | 25607 |
| (D)(2)(b)(i) and (ii) of this section: | 25608 |
| (i) For each student reported under division (B)(2)(c) of | 25609 |
| this section as enrolled in the school in grades one through | 25610 |
| twelve and receiving special education and related services | 25611 |
| pursuant to an IEP for a handicap described in section 3317.013 of | 25612 |
| the
Revised
Code, the following amount | 25613 |
| 25614 | |
| 25615 |
| 25616 |
| 25617 |
| 25618 | |
| 25619 | |
| 25620 | |
| 25621 | |
| 25622 | |
| 25623 |
| 25624 |
| 25625 |
| (ii) For each student reported under division (B)(2)(c) of | 25626 |
| this section as enrolled in kindergarten and receiving special | 25627 |
| education and related services pursuant to an IEP for a handicap | 25628 |
| described in section 3317.013 of the Revised Code, one-half of the | 25629 |
| amount calculated under the formula prescribed in division | 25630 |
| (D)(2)(b)(i) of this section. | 25631 |
| (3) An amount received from federal funds to provide special | 25632 |
| education and related services to students in the community | 25633 |
| school, as determined by the superintendent of public instruction. | 25634 |
| (4) For each student reported under division (B)(2)(d) of | 25635 |
| this section as enrolled in vocational education programs or | 25636 |
| classes that are described in section 3317.014 of the Revised | 25637 |
| Code, are provided by the community school, and are comparable as | 25638 |
| determined by the superintendent of public instruction to school | 25639 |
| district vocational education programs and classes eligible for | 25640 |
| state weighted funding under section 3317.014 of the Revised Code, | 25641 |
| an amount equal to the applicable vocational education weight | 25642 |
| times the community school's base formula amount times the | 25643 |
| percentage of time the student spends in the vocational education | 25644 |
| programs or classes. | 25645 |
| (5) An amount equal to the sum of the amounts obtained when, | 25646 |
| for each school district where the community school's students are | 25647 |
| entitled to attend school, the number of that district's students | 25648 |
| enrolled in the community school who are included in the | 25649 |
|
district's | 25650 |
| pupil
amount of | 25651 |
| assistance that school district receives that year pursuant to | 25652 |
| division (B) or (C) of section 3317.029 of the Revised Code, as | 25653 |
|
adjusted by
any | 25654 |
| the community school. The per pupil amount of aid shall be | 25655 |
| determined as described in division (C)(4) of this section. | 25656 |
| (6) An amount equal to the sum of the amounts obtained when, | 25657 |
| for each school district where the community school's students are | 25658 |
| entitled to attend school, the district's per pupil amount of aid | 25659 |
| received under division (E) of section 3317.029 of the Revised | 25660 |
|
Code, as adjusted by any | 25661 |
| factor of the community school, is multiplied by the sum of the | 25662 |
| following: | 25663 |
| (a) The number of the district's students reported under | 25664 |
| division (B)(2)(a) of this section who are enrolled in grades one | 25665 |
| to three in that community school and who are not receiving | 25666 |
| special education and related services pursuant to an IEP; | 25667 |
| (b) One-half of the district's students who are enrolled in | 25668 |
| all-day or any other kindergarten class in that community school | 25669 |
| and who are not receiving special education and related services | 25670 |
| pursuant to an IEP; | 25671 |
| (c) One-half of the district's students who are enrolled in | 25672 |
| all-day kindergarten in that community school and who are not | 25673 |
| receiving special education and related services pursuant to an | 25674 |
| IEP. | 25675 |
| The district's per pupil amount of aid under division (E) of | 25676 |
| section 3317.029 of the Revised Code shall be determined as | 25677 |
| described in division (C)(5) of this section. | 25678 |
| (7) An amount equal to the sum of the amounts obtained when, | 25679 |
| for each school district where the community school's students are | 25680 |
| entitled to attend school, the number of that district's students | 25681 |
| enrolled in the community school who are identified as | 25682 |
| limited-English proficient is multiplied by the district's per | 25683 |
| pupil amount received under division (F) of section 3317.029 of | 25684 |
| the Revised Code, as adjusted by any poverty-based assistance | 25685 |
| reduction factor of the community school. | 25686 |
| The district's per pupil amount under division (F) of section | 25687 |
| 3317.029 of the Revised Code shall be determined as described in | 25688 |
| division (C)(6) of this section. | 25689 |
| (8) An amount equal to the sum of the amounts obtained when, | 25690 |
| for each school district where the community school's students are | 25691 |
| entitled to attend school, the district's per pupil amount | 25692 |
| received under division (G) of section 3317.029 of the Revised | 25693 |
| Code, as adjusted by any poverty-based assistance reduction factor | 25694 |
| of the community school, is multiplied by the sum of the | 25695 |
| following: | 25696 |
| (a) The number of the district's students enrolled in grades | 25697 |
| one through twelve in that community school; | 25698 |
| (b) One-half of the number of the district's students | 25699 |
| enrolled in kindergarten in that community school. | 25700 |
| The district's per pupil amount under division (G) of section | 25701 |
| 3317.029 of the Revised Code shall be determined as described in | 25702 |
| division (C)(7) of this section. | 25703 |
| (9) An amount equal to the sum of the amounts obtained when, | 25704 |
| for each school district where the community school's students are | 25705 |
| entitled to attend school, the district's per pupil amount | 25706 |
| received under divisions (H) and (I) of section 3317.029 of the | 25707 |
| Revised Code, as adjusted by any poverty-based assistance | 25708 |
| reduction factor of the community school, is multiplied by the sum | 25709 |
| of the following: | 25710 |
| (a) The number of the district's students enrolled in grades | 25711 |
| one through twelve in that community school; | 25712 |
| (b) One-half of the number of the district's students | 25713 |
| enrolled in kindergarten in that community school. | 25714 |
| The district's per pupil amount under divisions (H) and (I) | 25715 |
| of section 3317.029 of the Revised Code shall be determined as | 25716 |
| described in division (C)(8) of this section. | 25717 |
| (10) An amount equal to the sum of the amounts obtained when, | 25718 |
| for each school district where the community school's students are | 25719 |
| entitled to attend school, the district's per pupil amount of | 25720 |
| state parity aid funding calculated under either division (C) or | 25721 |
| (D) of section 3317.0217 of the Revised Code is multiplied by the | 25722 |
| sum of the number of that district's students enrolled in grades | 25723 |
| one through twelve, and one-half of the number of that district's | 25724 |
| students enrolled in kindergarten, in the community school as | 25725 |
| reported under division (B)(2)(a) and (b) of this section. | 25726 |
| (E)(1) If a community school's costs for a fiscal year for a | 25727 |
| student receiving special education and related services pursuant | 25728 |
| to an IEP for a handicap described in divisions (B) to (F) of | 25729 |
| section 3317.013 of the Revised Code exceed the threshold | 25730 |
| catastrophic cost for serving the student as specified in division | 25731 |
| (C)(3)(b) of section 3317.022 of the Revised Code, the school may | 25732 |
| submit to the superintendent of public instruction documentation, | 25733 |
| as prescribed by the superintendent, of all its costs for that | 25734 |
| student. Upon submission of documentation for a student of the | 25735 |
| type and in the manner prescribed, the department shall pay to the | 25736 |
| community school an amount equal to the school's costs for the | 25737 |
| student in excess of the threshold catastrophic costs. | 25738 |
| (2) The community school shall only report under division | 25739 |
| (E)(1) of this section, and the department shall only pay for, the | 25740 |
| costs of educational expenses and the related services provided to | 25741 |
| the student in accordance with the student's individualized | 25742 |
| education program. Any legal fees, court costs, or other costs | 25743 |
| associated with any cause of action relating to the student may | 25744 |
| not be included in the amount. | 25745 |
| (F) A community school may apply to the department of | 25746 |
| education for preschool handicapped or gifted unit funding the | 25747 |
| school would receive if it were a school district. Upon request of | 25748 |
| its governing authority, a community school that received unit | 25749 |
| funding as a school district-operated school before it became a | 25750 |
| community school shall retain any units awarded to it as a school | 25751 |
| district-operated school provided the school continues to meet | 25752 |
| eligibility standards for the unit. | 25753 |
| A community school shall be considered a school district and | 25754 |
| its governing authority shall be considered a board of education | 25755 |
| for the purpose of applying to any state or federal agency for | 25756 |
| grants that a school district may receive under federal or state | 25757 |
| law or any appropriations act of the general assembly. The | 25758 |
| governing authority of a community school may apply to any private | 25759 |
| entity for additional funds. | 25760 |
| (G) A board of education sponsoring a community school may | 25761 |
| utilize local funds to make enhancement grants to the school or | 25762 |
| may agree, either as part of the contract or separately, to | 25763 |
| provide any specific services to the community school at no cost | 25764 |
| to the school. | 25765 |
| (H) A community school may not levy taxes or issue bonds | 25766 |
| secured by tax revenues. | 25767 |
| (I) No community school shall charge tuition for the | 25768 |
| enrollment of any student. | 25769 |
| (J)(1)(a) A community school may borrow money to pay any | 25770 |
| necessary and actual expenses of the school in anticipation of the | 25771 |
| receipt of any portion of the payments to be received by the | 25772 |
| school pursuant to division (D) of this section. The school may | 25773 |
| issue notes to evidence such borrowing. The proceeds of the notes | 25774 |
| shall be used only for the purposes for which the anticipated | 25775 |
| receipts may be lawfully expended by the school. | 25776 |
| (b) A school may also borrow money for a term not to exceed | 25777 |
| fifteen years for the purpose of acquiring facilities. | 25778 |
| (2) Except for any amount guaranteed under section 3318.50 of | 25779 |
| the Revised Code, the state is not liable for debt incurred by the | 25780 |
| governing authority of a community school. | 25781 |
| (K) For purposes of determining the number of students for | 25782 |
| which divisions (D)(5) and (6) of this section applies in any | 25783 |
| school year, a community school may submit to the department of | 25784 |
| job and family services, no later than the first day of March, a | 25785 |
| list of the students enrolled in the school. For each student on | 25786 |
| the list, the community school shall indicate the student's name, | 25787 |
| address, and date of birth and the school district where the | 25788 |
| student is entitled to attend school. Upon receipt of a list under | 25789 |
| this division, the department of job and family services shall | 25790 |
| determine, for each school district where one or more students on | 25791 |
| the list is entitled to attend school, the number of students | 25792 |
| residing in that school district who were included in the | 25793 |
| department's report under section 3317.10 of the Revised Code. The | 25794 |
| department shall make this determination on the basis of | 25795 |
| information readily available to it. Upon making this | 25796 |
| determination and no later than ninety days after submission of | 25797 |
| the list by the community school, the department shall report to | 25798 |
| the state department of education the number of students on the | 25799 |
| list who reside in each school district who were included in the | 25800 |
| department's report under section 3317.10 of the Revised Code. In | 25801 |
| complying with this division, the department of job and family | 25802 |
| services shall not report to the state department of education any | 25803 |
| personally identifiable information on any student. | 25804 |
| (L) The department of education shall adjust the amounts | 25805 |
| subtracted and paid under divisions (C) and (D) of this section to | 25806 |
| reflect any enrollment of students in community schools for less | 25807 |
| than the equivalent of a full school year. The state board of | 25808 |
| education within ninety days after April 8, 2003, shall adopt in | 25809 |
| accordance with Chapter 119. of the Revised Code rules governing | 25810 |
| the payments to community schools under this section including | 25811 |
| initial payments in a school year and adjustments and reductions | 25812 |
| made in subsequent periodic payments to community schools and | 25813 |
| corresponding deductions from school district accounts as provided | 25814 |
| under divisions (C) and (D) of this section. For purposes of this | 25815 |
| section: | 25816 |
| (1) A student shall be considered enrolled in the community | 25817 |
| school for any portion of the school year the student is | 25818 |
| participating at a college under Chapter 3365. of the Revised | 25819 |
| Code. | 25820 |
| (2) A student shall be considered to be enrolled in a | 25821 |
| community school during a school year for the period of time | 25822 |
| 25823 | |
| both has received documentation of the student's enrollment from a | 25824 |
| parent and the student has commenced participation in learning | 25825 |
| opportunities as defined in the contract with the sponsor, or | 25826 |
| thirty days prior to the date on which the student is entered into | 25827 |
| the education management information system established under | 25828 |
| section 3301.0714 of the Revised Code. For purposes of applying | 25829 |
| this division to a community school student, "learning | 25830 |
| opportunities" shall be defined in the contract, which shall | 25831 |
| describe both classroom-based and non-classroom-based learning | 25832 |
| opportunities and shall be in compliance with criteria and | 25833 |
| documentation requirements for student participation which shall | 25834 |
| be established by the department. Any student's instruction time | 25835 |
| in non-classroom-based learning opportunities shall be certified | 25836 |
| by an employee of the community school. A student's enrollment | 25837 |
| shall be considered to cease on the date on which any of the | 25838 |
| following occur: | 25839 |
| (a) The community school receives documentation from a parent | 25840 |
| terminating enrollment of the student. | 25841 |
| (b) The community school is provided documentation of a | 25842 |
| student's enrollment in another public or private school. | 25843 |
| (c) The community school ceases to offer learning | 25844 |
| opportunities to the student pursuant to the terms of the contract | 25845 |
| with the sponsor or the operation of any provision of this | 25846 |
| chapter. | 25847 |
| (3) A student's percentage of full-time equivalency shall be | 25848 |
| considered to be the percentage the hours of learning opportunity | 25849 |
| offered to that student is of nine hundred and twenty hours. | 25850 |
| However, no internet- or computer-based community school shall be | 25851 |
| credited for any time a student spends participating in learning | 25852 |
| opportunities beyond ten hours within any period of twenty-four | 25853 |
| consecutive hours. | 25854 |
| (M) The department of education shall reduce the amounts paid | 25855 |
| under division (D) of this section to reflect payments made to | 25856 |
| colleges under division (B) of section 3365.07 of the Revised | 25857 |
| Code. | 25858 |
| (N)(1) No student shall be considered enrolled in any | 25859 |
| internet- or computer-based community school or, if applicable to | 25860 |
| the student, in any community school that is required to provide | 25861 |
| the student with a computer pursuant to division (C) of section | 25862 |
| 3314.22 of the Revised Code, unless both of the following | 25863 |
| conditions are satisfied: | 25864 |
| (a) The student possesses or has been provided with all | 25865 |
| required hardware and software materials and all such materials | 25866 |
| are operational so that the student is capable of fully | 25867 |
| participating in the learning opportunities specified in the | 25868 |
| contract between the school and the school's sponsor as required | 25869 |
| by division (A)(23) of section 3314.03 of the Revised Code; | 25870 |
| (b) The school is in compliance with division (A)(1) or (2) | 25871 |
| of section
| 25872 |
| student. | 25873 |
| (2) In accordance with policies adopted jointly by the | 25874 |
| superintendent of public instruction and the auditor of state, the | 25875 |
| department shall reduce the amounts otherwise payable under | 25876 |
|
division (D) of
this
section to any
| 25877 |
| community school that includes in its program the provision of | 25878 |
|
computer
hardware and
software materials to | 25879 |
| such hardware and software materials have not been delivered, | 25880 |
|
installed, and
activated for
| 25881 |
| timely manner or other educational materials or services have not | 25882 |
| been provided according to the contract between the individual | 25883 |
| community school and its sponsor. | 25884 |
| The superintendent of public instruction and the auditor of | 25885 |
| state shall jointly establish a method for auditing any community | 25886 |
| school to which this division pertains to ensure compliance with | 25887 |
| this section. | 25888 |
| The superintendent, auditor of state, and the governor shall | 25889 |
| jointly make recommendations to the general assembly for | 25890 |
| legislative changes that may be required to assure fiscal and | 25891 |
|
academic
accountability for such
| 25892 |
| schools. | 25893 |
| (O)(1) If the department determines that a review of a | 25894 |
| community school's enrollment is necessary, such review shall be | 25895 |
| completed and written notice of the findings shall be provided to | 25896 |
| the governing authority of the community school and its sponsor | 25897 |
| within ninety days of the end of the community school's fiscal | 25898 |
| year, unless extended for a period not to exceed thirty additional | 25899 |
| days for one of the following reasons: | 25900 |
| (a) The department and the community school mutually agree to | 25901 |
| the extension. | 25902 |
| (b) Delays in data submission caused by either a community | 25903 |
| school or its sponsor. | 25904 |
| (2) If the review results in a finding that additional | 25905 |
| funding is owed to the school, such payment shall be made within | 25906 |
| thirty days of the written notice. If the review results in a | 25907 |
| finding that the community school owes moneys to the state, the | 25908 |
| following procedure shall apply: | 25909 |
| (a) Within ten business days of the receipt of the notice of | 25910 |
| findings, the community school may appeal the department's | 25911 |
| determination to the state board of education or its designee. | 25912 |
| (b) The board or its designee shall conduct an informal | 25913 |
| hearing on the matter within thirty days of receipt of such an | 25914 |
| appeal and shall issue a decision within fifteen days of the | 25915 |
| conclusion of the hearing. | 25916 |
| (c) If the board has enlisted a designee to conduct the | 25917 |
| hearing, the designee shall certify its decision to the board. The | 25918 |
| board may accept the decision of the designee or may reject the | 25919 |
| decision of the designee and issue its own decision on the matter. | 25920 |
| (d) Any decision made by the board under this division is | 25921 |
| final. | 25922 |
| (3) If it is decided that the community school owes moneys to | 25923 |
| the state, the department shall deduct such amount from the | 25924 |
| school's future payments in accordance with guidelines issued by | 25925 |
| the superintendent of public instruction. | 25926 |
| Sec. 3314.084. (A) As used in this section: | 25927 |
| (1) "Formula ADM" has the same meaning as in section 3317.03 | 25928 |
| of the Revised Code. | 25929 |
| (2) "Home" has the same meaning as in section 3313.64 of the | 25930 |
| Revised Code. | 25931 |
| (3) "School district of residence" has the same meaning as in | 25932 |
| section 3323.01 of the Revised Code; however, a community school | 25933 |
| established under this chapter is not a "school district of | 25934 |
| residence" for purposes of this section. | 25935 |
| (B) Notwithstanding anything to the contrary in section | 25936 |
| 3314.08 or 3317.03 of the Revised Code, all of the following apply | 25937 |
| in the case of a child who is enrolled in a community school and | 25938 |
| is also living in a home: | 25939 |
| (1) For purposes of the report required under division (B)(1) | 25940 |
| of section 3314.08 of the Revised Code, the child's school | 25941 |
| district of residence, and not the school district in which the | 25942 |
| home that the child is living in is located, shall be considered | 25943 |
| to be the school district in which the child is entitled to attend | 25944 |
| school. That school district of residence, therefore, shall make | 25945 |
| the report required under division (B)(1) of section 3314.08 of | 25946 |
| the Revised Code with respect to the child. | 25947 |
| (2) For purposes of the report required under division (B)(2) | 25948 |
| of section 3314.08 of the Revised Code, the community school shall | 25949 |
| report the name of the child's school district of residence. | 25950 |
| (3) The child's school district of residence shall count the | 25951 |
| child in that district's formula ADM. | 25952 |
| (4) The school district in which the home that the child is | 25953 |
| living in is located shall not count the child in that district's | 25954 |
| formula ADM. | 25955 |
| (5) The Department of Education shall deduct the applicable | 25956 |
| amounts prescribed under division (C) of section 3314.08 and | 25957 |
| division (D) of section 3314.13 of the Revised Code from the | 25958 |
| child's school district of residence and shall not deduct those | 25959 |
| amounts from the school district in which the home that the child | 25960 |
| is living in is located. | 25961 |
| (6) The Department shall make the payments prescribed in | 25962 |
| divisions (D) and (E) of section 3314.08 and sections 3314.085 and | 25963 |
| 3314.13 of the Revised Code, as applicable, to the community | 25964 |
| school. | 25965 |
| Sec. 3314.085. (A) The general assembly has determined that | 25966 |
| the base cost of operating an internet- or computer-based | 25967 |
| community school, after incurring start-up costs, is less than the | 25968 |
| base cost for other public schools. | 25969 |
| (B) A three-year pilot program is established for the payment | 25970 |
| of state base cost funds to internet- or computer-based community | 25971 |
| schools. The pilot program shall operate in fiscal years 2007, | 25972 |
| 2008, and 2009. In each of those fiscal years: | 25973 |
| (1) Notwithstanding division (D)(1) of section 3314.08 of the | 25974 |
| Revised Code, the department of education shall pay each internet- | 25975 |
| or computer-based community school eighty per cent of the amount | 25976 |
| specified in that division instead of the full amount specified in | 25977 |
| that division. | 25978 |
| (2) In a fiscal year that constitutes the first or second | 25979 |
| fiscal year that an internet- or computer-based community school | 25980 |
| is open for business providing learning opportunities, regardless | 25981 |
| of whether the school is open for an entire school year during | 25982 |
| either fiscal year, the department shall pay the school the | 25983 |
| remaining twenty per cent of the amount calculated under division | 25984 |
| (D)(1) of section 3314.08 of the Revised Code for the school's | 25985 |
| start-up costs. | 25986 |
| (3) In each fiscal year after the second fiscal year that an | 25987 |
| internet- or computer-based community school is open for business | 25988 |
| providing learning opportunities, regardless of whether the school | 25989 |
| was open for an entire school year during either of the first two | 25990 |
| fiscal years, the school may apply to the department for a grant | 25991 |
| under division (C) of this section. | 25992 |
| (C) In each fiscal year under the pilot program, an internet- | 25993 |
| or computer-based community school that is open providing learning | 25994 |
| opportunities for a third or subsequent fiscal year may apply to | 25995 |
| the department for a grant to provide services that are in | 25996 |
| addition to or an enhancement to those required by law to be | 25997 |
| provided by internet- or computer-based community schools and are | 25998 |
| intended to substantially enhance student learning. The amount of | 25999 |
| the grant or grants awarded to an internet- or computer-based | 26000 |
| community school each fiscal year shall not exceed the remaining | 26001 |
| twenty per cent of the amount calculated for the school under | 26002 |
| division (D)(1) of section 3314.08 of the Revised Code. | 26003 |
| In the first fiscal year that a school applies for a grant, | 26004 |
| the department shall award grants based on a school's proposal for | 26005 |
| services stated in its application. Each grant awarded must | 26006 |
| contain an agreement between the school and the department that | 26007 |
| specifies the goal to be achieved, the actions to be taken, the | 26008 |
| methodology to measure the achievement of the goal, and the target | 26009 |
| to be met according to that methodology. A grant may not be | 26010 |
| renewed for a subsequent year unless the school meets the target | 26011 |
| specified in the grant agreement. | 26012 |
| The superintendent of public instruction shall adopt rules to | 26013 |
| operate the grant component of the pilot program. The rules shall | 26014 |
| specify types of services for which grants may be awarded. The | 26015 |
| superintendent may include in the rules any other requirements the | 26016 |
| superintendent determines necessary to operate the grant component | 26017 |
| of the pilot program. Each internet- or computer-based community | 26018 |
| school that applies for or receives a grant shall comply with the | 26019 |
| rules. | 26020 |
| (D) Not later than December 1, 2008, the superintendent shall | 26021 |
| report to the general assembly the department's findings and | 26022 |
| conclusions concerning the pilot program and recommendations for a | 26023 |
| permanent method of calculating and paying state base cost | 26024 |
| payments to internet- or computer-based community schools after | 26025 |
| fiscal year 2009. | 26026 |
| Sec. 3314.12. On or before the first day of November each | 26027 |
| year, the sponsor of each community school established under this | 26028 |
| chapter shall submit to the department of education, in accordance | 26029 |
| with guidelines adopted by the department for purposes of this | 26030 |
| section, a report that describes the special education and related | 26031 |
| services provided by that school to enrolled students during the | 26032 |
| previous fiscal year and the school's expenditures for those | 26033 |
| services. | 26034 |
| Sec. 3314.13. (A) As used in this section: | 26035 |
| (1) "All-day kindergarten" has the same meaning as in section | 26036 |
| 3317.029 of the Revised Code. | 26037 |
| (2) "Formula amount" has the same meaning as in section | 26038 |
| 3317.02 of the Revised Code. | 26039 |
| (B) | 26040 |
| the department of education annually shall pay each community | 26041 |
| school established under this chapter one-half of the formula | 26042 |
| amount for each student to whom both of the following apply: | 26043 |
| (1) The student is entitled to attend school under section | 26044 |
| 3313.64 or 3313.65 of the Revised Code in a school district that | 26045 |
| is eligible to receive a payment under division (D) of section | 26046 |
| 3317.029 of the Revised Code if it provides all-day kindergarten; | 26047 |
| (2) The student is reported by the community school as | 26048 |
| enrolled in all-day kindergarten at the community school. | 26049 |
| (C) The department shall make no payments under this section | 26050 |
| to any internet- or computer-based community school. | 26051 |
| (D) If a student for whom payment is made under division (B) | 26052 |
| of this section is entitled to attend school in a district that | 26053 |
| receives any payment for all-day kindergarten under division (D) | 26054 |
| of section 3317.029 of the Revised Code, the department shall | 26055 |
| deduct the payment to the community school under this section from | 26056 |
| the amount paid that school district under that division. If that | 26057 |
| school district does not receive payment for all-day kindergarten | 26058 |
| under that division because it does not provide all-day | 26059 |
| kindergarten, the department shall pay the community school from | 26060 |
|
state
funds appropriated generally for | 26061 |
| 26062 |
| | 26063 |
| school districts and paid to community schools under this section | 26064 |
| to reflect any enrollments of students in all-day kindergarten in | 26065 |
| community schools for less than the equivalent of a full school | 26066 |
| year. | 26067 |
| Sec. 3314.17. (A) Each community school established under | 26068 |
| this chapter shall participate in the statewide education | 26069 |
| management information system established under section 3301.0714 | 26070 |
| of the Revised Code. All provisions of that section and the rules | 26071 |
| adopted under that section apply to each community school as if it | 26072 |
| were a school district, except as modified for community schools | 26073 |
| under division (B) of this section. | 26074 |
| (B) The rules adopted by the state board of education under | 26075 |
| section 3301.0714 of the Revised Code may distinguish methods and | 26076 |
| timelines for community schools to annually report data, which | 26077 |
| methods and timelines differ from those prescribed for school | 26078 |
| districts. Any methods and timelines prescribed for community | 26079 |
| schools shall be appropriate to the academic schedule and | 26080 |
| financing of community schools. The guidelines, however, shall not | 26081 |
| modify the actual data required to be reported under that section. | 26082 |
| (C) | 26083 |
| 26084 | |
| 26085 | |
| 26086 | |
| 26087 | |
| 26088 | |
| 26089 | |
| 26090 | |
| 26091 | |
| 26092 | |
| 26093 | |
| 26094 | |
| time the department of education determines that a community | 26095 |
| school has taken any of the actions described under division | 26096 |
| (C)(1), (2), or (3) of this section, it shall make a report of the | 26097 |
| actions of the school, send a copy of the report to the sponsor of | 26098 |
| the school, and maintain a copy of the report in its files: | 26099 |
| (1) The community school fails to meet any deadline | 26100 |
| established pursuant to this section for the reporting of any data | 26101 |
| to the education management information system; | 26102 |
| (2) The community school fails to meet any deadline | 26103 |
| established by the state board of education for the correction of | 26104 |
| any data reported to the education management information system; | 26105 |
| (3) The community school reports data to the education | 26106 |
| management information system in a condition, as determined by the | 26107 |
| department, that indicates that the school did not make a good | 26108 |
| faith effort in reporting the data to the system. | 26109 |
| Any report made under this division shall include | 26110 |
| recommendations for corrective action by the school. | 26111 |
| Upon making a report for the first time in a fiscal year, the | 26112 |
| department shall withhold ten per cent of the total amount due | 26113 |
| during that fiscal year under sections 3314.08 and 3314.13 of the | 26114 |
| Revised Code to the community school to which the report applies. | 26115 |
| Upon making a second report in a fiscal year, the department shall | 26116 |
| withhold an additional twenty per cent of such total amount due | 26117 |
| during that fiscal year to the school to which the report applies. | 26118 |
| The department shall not release such funds unless it determines | 26119 |
| that the school has taken corrective action. However, no such | 26120 |
| release of funds shall occur if the school fails to take | 26121 |
| corrective action within forty-five days of the date upon which | 26122 |
| the report was made by the department. | 26123 |
| (D) The
authority to | 26124 |
| under | 26125 |
| state board of education from suspending or revoking the license | 26126 |
| of a community school employee under division (N) of section | 26127 |
| 3301.0714 of the Revised Code. | 26128 |
| | 26129 |
| its student administration software package to manage and report | 26130 |
| data required to be reported to the department unless it converts | 26131 |
| to a student software package that is certified by the department. | 26132 |
| Sec. 3314.18. Each community school established under this | 26133 |
| chapter shall participate in project SOAR implemented by battelle | 26134 |
| for kids for the purpose of collecting information on the amount | 26135 |
| of student academic growth attributable to the instruction | 26136 |
| provided by the school. Each community school shall comply with | 26137 |
| all requirements for participation in project SOAR, including the | 26138 |
| administration of tests and the submission of student performance | 26139 |
| data. | 26140 |
| The department of education shall negotiate the cost of | 26141 |
| community school participation in project SOAR with battelle for | 26142 |
| kids. In fiscal year 2006, each community school shall pay the | 26143 |
| cost of its participation in project SOAR. Beginning in fiscal | 26144 |
| year 2007, the department shall pay the cost of that | 26145 |
| participation. All payments, by either a community school or the | 26146 |
| department, shall be made directly to battelle for kids. No | 26147 |
| community school shall be required to contribute to the cost of | 26148 |
| its participation in project SOAR under this section. after fiscal | 26149 |
| year 2006. | 26150 |
| Sec. 3314.19. The department of education annually shall | 26151 |
| examine the data reported by each community school under sections | 26152 |
| 3301.0714 and 3314.17 of the Revised Code about scores attained on | 26153 |
| the state proficiency and achievement tests, prescribed under | 26154 |
| section 3301.0710 of the Revised Code, by each student enrolled in | 26155 |
| the school at the end of the school year. If the department | 26156 |
| determines that any of that data is incomplete or inaccurate, the | 26157 |
| department shall notify the school of the incompleteness or | 26158 |
| inaccuracy and shall provide technical assistance to the school so | 26159 |
| that the school may revise its reports to completely and | 26160 |
| accurately reflect student test scores in sufficient time to be | 26161 |
| included in the department's report card for the school issued | 26162 |
| under section 3314.012 of the Revised Code. | 26163 |
| | 26164 |
| (1) "Harmful to juveniles" has the same meaning as in section | 26165 |
| 2907.01 of the Revised Code. | 26166 |
| (2) "Obscene" has the same meaning as in division (F) of | 26167 |
| section 2907.01 of the Revised Code as that division has been | 26168 |
| construed by the supreme court of this state. | 26169 |
| (3) "Teacher of record" means a teacher who is responsible | 26170 |
| for the overall academic development and achievement of a student | 26171 |
| and not merely the student's instruction in any single subject. | 26172 |
|
(B) | 26173 |
| 26174 | |
| 26175 | |
| (1) Each internet- or computer-based community school shall retain | 26176 |
| an affiliation with at least one full-time teacher of record | 26177 |
| licensed in accordance with division (A)(10) of section 3314.03 of | 26178 |
| the Revised Code and shall not rely exclusively on teachers | 26179 |
| engaged by any person or company from which the school has | 26180 |
| purchased its curriculum. | 26181 |
| (2) Each student enrolled in an internet- or computer-based | 26182 |
| community school shall be assigned to at least one teacher of | 26183 |
| record. No teacher of record shall be primarily responsible for | 26184 |
| the academic development and achievement of more than one hundred | 26185 |
| twenty-five students enrolled in the internet- or computer-based | 26186 |
| community school that has retained that teacher. | 26187 |
| (3) Each internet- or computer-based community school shall | 26188 |
| provide each student enrolled in the school with an in-person | 26189 |
| visit with a teacher, licensed in accordance with division (A)(10) | 26190 |
| of section 3314.03 of the Revised Code, for not less than one hour | 26191 |
| after every two hundred thirty hours of learning opportunities | 26192 |
| provided to that student by the school. | 26193 |
| (C) For any internet- or computer-based community school, the | 26194 |
| contract between the sponsor and the governing authority of the | 26195 |
| school described in section 3314.03 of the Revised Code shall | 26196 |
| specify each of the following: | 26197 |
| (1) A requirement that the school use a filtering device or | 26198 |
| install filtering software that protects against internet access | 26199 |
| to materials that are obscene or harmful to juveniles on each | 26200 |
| computer provided to students for instructional use. The school | 26201 |
| shall provide such device or software at no cost to any student | 26202 |
| who works primarily from the student's residence on a computer | 26203 |
| obtained from a source other than the school. | 26204 |
|
(2) A plan for fulfilling the | 26205 |
| requirement specified in division (B)(3) of this section. The plan | 26206 |
| shall indicate the number of times teachers will visit each | 26207 |
| student throughout the school year and the manner in which those | 26208 |
| visits will be conducted. | 26209 |
| (3) That the school will set up a central base of operation | 26210 |
| and the sponsor will maintain a representative within fifty miles | 26211 |
| of that base of operation to provide monitoring and assistance. | 26212 |
| | 26213 |
| internet- or computer-based community school is entitled to a | 26214 |
| computer supplied by the school. In no case shall an internet- or | 26215 |
| computer-based community school provide a stipend or other | 26216 |
| substitute to an enrolled child or the child's parent in lieu of | 26217 |
| supplying a computer to the child. The prohibition contained in | 26218 |
| the preceding sentence is intended to clarify the meaning of this | 26219 |
| division as it existed prior to the effective date of this | 26220 |
| amendment and is not intended to change that meaning in any way. | 26221 |
| (2) Notwithstanding division (A)(1) of this section, if more | 26222 |
|
than one child living in a single | 26223 |
| in an internet- or computer-based community school, at the option | 26224 |
| of the parent of those children, the school may supply less than | 26225 |
| one computer per child, as long as at least one computer is | 26226 |
| supplied
to the | 26227 |
| decision to accept less than one computer per child anytime during | 26228 |
| the school year, and, in such case, within thirty days after the | 26229 |
| parent notifies the school of such amendment, the school shall | 26230 |
| provide any additiona1 computers requested by the parent up to the | 26231 |
| number necessary to comply with division (A)(1) of this section. | 26232 |
| (B) Each internet- or computer-based community school shall | 26233 |
| provide to each parent who is considering enrolling the parent's | 26234 |
| child in the school and to the parent of each child already | 26235 |
| enrolled in the school a written notice of the provisions | 26236 |
| prescribed in divisions (A)(1) and (2) of this section. | 26237 |
| (C) If a community school that is not an internet- or | 26238 |
| computer-based community school provides any of its enrolled | 26239 |
| students with nonclassroom-based learning opportunities provided | 26240 |
| via an internet- or other computer-based instructional method and | 26241 |
| requires such students to participate in any of those learning | 26242 |
| opportunities from their residences, the school shall be subject | 26243 |
| to this section and division (C)(1) of section 3314.21 of the | 26244 |
| Revised Code relative to each such student in the same manner as | 26245 |
| an internet- or computer-based community school, unless both of | 26246 |
| the following conditions apply to the student: | 26247 |
| (1) The nonclassroom-based learning opportunities in which | 26248 |
| the student is required to participate from the student's | 26249 |
| residence are supplemental or remedial in nature or do not | 26250 |
| constitute a significant portion of the total classroom-based and | 26251 |
| nonclassroom-based learning opportunities provided to the student | 26252 |
| by the school; | 26253 |
| (2) The student's residence is equipped with a computer | 26254 |
| available for the student's use. | 26255 |
| | 26256 |
| June 30, 2006, the state board of education shall | 26257 |
| 26258 | |
| the Revised Code establishing standards governing the operation of | 26259 |
| internet- or computer-based community schools | 26260 |
| 26261 | |
| delivered primarily via electronic media. The standards adopted by | 26262 |
| rule under this division may be the same standards recommended to | 26263 |
| the general assembly pursuant to the version of section 3314.033 | 26264 |
| of the Revised Code in effect prior to the effective date of this | 26265 |
| amendment. | 26266 |
| (B) Each internet- or computer-based community school in | 26267 |
| operation on or after the effective date of this amendment shall | 26268 |
| comply with the rules adopted by the state board under division | 26269 |
| (A) of this section regardless of whether the school's contract | 26270 |
| with its sponsor contains a stipulation requiring compliance with | 26271 |
| those rules. | 26272 |
| | 26273 |
| internet- or computer-based community school shall enter into a | 26274 |
| contract with a nonpublic school to use or rent any facility space | 26275 |
| at the nonpublic school for the provision of instructional | 26276 |
| services to students enrolled in the internet- or computer-based | 26277 |
| community school. | 26278 |
| (B) If, on or after July 1, 2004, an internet- or | 26279 |
| computer-based community school has a contract with a nonpublic | 26280 |
| school as described in division (A) of this section, the | 26281 |
| department of education shall not make any payments under section | 26282 |
| 3314.08 of the Revised Code to the internet- or computer-based | 26283 |
| community school for any student who is enrolled in the internet- | 26284 |
| or computer-based community school and receives any instructional | 26285 |
| services from the internet- or computer-based community school at | 26286 |
| the nonpublic school. | 26287 |
| Sec. 3314.25. Each internet- or computer-based community | 26288 |
| school shall provide its students a location within a fifty-mile | 26289 |
| radius of the student's residence at which to complete the | 26290 |
| statewide achievement tests and diagnostic assessments prescribed | 26291 |
| under sections 3301.079 and 3301.0710 of the Revised Code. | 26292 |
| Sec. 3314.26. (A) Each internet- or computer-based community | 26293 |
| school shall withdraw from the school any student who, for two | 26294 |
| consecutive school years, has failed to participate in the spring | 26295 |
| administration of any test prescribed under section 3301.0710 or | 26296 |
| 3301.0712 of the Revised Code for the student's grade level and | 26297 |
| was not excused from the test pursuant to division (C)(1) or (3) | 26298 |
| of section 3301.0711 of the Revised Code. The school shall report | 26299 |
| the name of any such student to the department of education. The | 26300 |
| department shall maintain a list of all students reported under | 26301 |
| this division and section 3313.6410 of the Revised Code and | 26302 |
| provide that list to each internet- or computer-based community | 26303 |
| school and to each school to which section 3313.6410 of the | 26304 |
| Revised Code applies. | 26305 |
| (B) No internet- or computer-based community school shall | 26306 |
| enroll any student on the list maintained by the department under | 26307 |
| division (A) of this section. | 26308 |
| Sec. 3314.27. No student enrolled in an internet- or | 26309 |
| computer-based community school may participate in more than ten | 26310 |
| hours of learning opportunities in any period of twenty-four | 26311 |
| consecutive hours. Any time such a student participates in | 26312 |
| learning opportunities beyond the limit prescribed in this section | 26313 |
| shall not count toward the annual minimum number of hours required | 26314 |
| to be provided to that student as prescribed in division | 26315 |
| (A)(11)(a) of section 3314.03 of the Revised Code. If any | 26316 |
| internet- or computer-based community school requires its students | 26317 |
| to participate in learning opportunities on the basis of days | 26318 |
| rather than hours, one day shall consist of a minimum of five | 26319 |
| hours of such participation. | 26320 |
| Sec. 3314.28. (A) Each internet- or computer-based community | 26321 |
| school established under this chapter shall submit to the school's | 26322 |
| sponsor a plan for providing special education and related | 26323 |
| services to disabled students enrolled in the school in accordance | 26324 |
| with division (A)(1) or (2) of this section. | 26325 |
| (1) If the school was established prior to the effective date | 26326 |
| of this section, the plan shall be submitted to the sponsor on or | 26327 |
| before September 1, 2005, and on or before the first day of | 26328 |
| September in each year thereafter that the school is in operation. | 26329 |
| (2) If the school is established after the effective date of | 26330 |
| this section, the plan shall be submitted to the sponsor prior to | 26331 |
| the school's receipt of its first payment under this chapter and | 26332 |
| on or before the first day of September in each year thereafter | 26333 |
| that the school is in operation. | 26334 |
| (B) Within thirty days after receiving the plan prescribed in | 26335 |
| division (A) of this section, the sponsor of each internet- or | 26336 |
| computer-based community school shall certify all of the following | 26337 |
| to the department of education: | 26338 |
| (1) A statement of whether the plan received is satisfactory | 26339 |
| to the sponsor; | 26340 |
| (2) If the plan received is not satisfactory to the sponsor, | 26341 |
| the sponsor's assurance that it will promptly assist the school in | 26342 |
| developing a plan that is satisfactory to the sponsor; | 26343 |
| (3) The sponsor's assurance that it will monitor the | 26344 |
| implementation of the plan; | 26345 |
| (4) The sponsor's assurance that it will take any necessary | 26346 |
| corrective action to ensure that the school's plan is properly and | 26347 |
| fully implemented. | 26348 |
| (C) The department shall develop guidelines for the content | 26349 |
| and format of the plan required under this section. | 26350 |
| Sec. 3314.35. (A) This section applies to any community | 26351 |
| school established under this chapter that meets one or more of | 26352 |
| the following criteria: | 26353 |
| (1) The school is declared to be in need of continuous | 26354 |
| improvement, under an academic watch, or in a state of academic | 26355 |
| emergency pursuant to section 3302.03 of the Revised Code. | 26356 |
| (2) The school has not been in operation for at least two | 26357 |
| full school years. | 26358 |
| (3) The school does not offer any grade level for which an | 26359 |
| achievement test is prescribed under section 3301.0710 of the | 26360 |
| Revised Code or the number of students enrolled in each grade | 26361 |
| level offered by the school for which an achievement test is | 26362 |
| prescribed is too small to yield statistically reliable data about | 26363 |
| student performance, as determined by the department of education. | 26364 |
| (B) Beginning in the 2006-2007 school year, each community | 26365 |
| school to which this section applies shall administer a reading | 26366 |
| and mathematics assessment approved by the department in the fall | 26367 |
| and spring of the school year to each student who is enrolled in | 26368 |
| any of grades one through twelve to measure the academic progress | 26369 |
| made by students during the school year. For each grade level, the | 26370 |
| community school shall administer the same assessment in the | 26371 |
| spring that the school administers in the fall. | 26372 |
| (C) Each community school that administers the assessments | 26373 |
| required by division (B) of this section shall be responsible for | 26374 |
| all costs associated with the administration and scoring of the | 26375 |
| assessments. Each community school shall report the scores of all | 26376 |
| students taking the assessments to the department in a manner | 26377 |
| prescribed by the department. | 26378 |
| (D) The department shall establish a list of nationally | 26379 |
| normed assessments in reading and mathematics that it approves for | 26380 |
| use by community schools under this section. The department may | 26381 |
| approve assessments in other subject areas, but no community | 26382 |
| school shall be required to administer an assessment in a subject | 26383 |
| area other than reading or mathematics under this section. | 26384 |
| (E) The sponsor of any community school to which this section | 26385 |
| does not apply may elect to have the school administer reading and | 26386 |
| mathematics assessments in accordance with this section. | 26387 |
| Sec. 3314.36. (A) Not later than July 1, 2006, the state | 26388 |
| board of education shall adopt rules establishing reasonable | 26389 |
| standards for expected gains in student achievement between the | 26390 |
| fall and spring administrations of the reading and mathematics | 26391 |
| assessments administered under section 3314.35 of the Revised Code | 26392 |
| and for expected gains in the graduation rate. The standards may | 26393 |
| establish different levels of expected gains to correspond with | 26394 |
| differences in the baseline academic achievement levels of the | 26395 |
| students being assessed. | 26396 |
| (B) Any community school that is declared to be under an | 26397 |
| academic watch or in a state of academic emergency pursuant to | 26398 |
| section 3302.03 of the Revised Code after July 1, 2006, or to | 26399 |
| which division (A)(3) of section 3314.35 of the Revised Code | 26400 |
| applies shall be subject to division (C) of this section if either | 26401 |
| of the following apply to the school: | 26402 |
| (1) The percentage of the school's total student population | 26403 |
| showing the expected gains in student achievement established | 26404 |
| under division (A) of this section on the reading or mathematics | 26405 |
| assessments administered most recently under section 3314.35 of | 26406 |
| the Revised Code is less than the following, as applicable: | 26407 |
| (a) Fifty-five per cent for any school that has been in | 26408 |
| operation for two school years; | 26409 |
| (b) Sixty per cent for any school that has been in operation | 26410 |
| for three school years; | 26411 |
| (c) Sixty-five per cent for any school that has been in | 26412 |
| operation for four or more school years. | 26413 |
| (2) The school offers a high school diploma but is not | 26414 |
| showing the expected gains in the graduation rate established | 26415 |
| under division (A) of this section. | 26416 |
| A community school that has been in operation for one school | 26417 |
| year shall not be subject to division (C) of this section. | 26418 |
| (C)(1) In the first school year that a community school is | 26419 |
| subject to division (C) of this section, the school shall develop | 26420 |
| and implement an improvement plan to address the school's poor | 26421 |
| academic performance. The sponsor of the school shall assist in | 26422 |
| the development of the improvement plan and shall approve the plan | 26423 |
| prior to implementation. The school shall file a copy of the | 26424 |
| improvement plan with the department of education. | 26425 |
| (2) In the second consecutive school year that a community | 26426 |
| school is subject to division (C) of this section, the sponsor of | 26427 |
| the school shall pay to the department one-half of the total | 26428 |
| amount of the payments made by the school's governing authority to | 26429 |
| the sponsor under division (C) of section 3314.03 of the Revised | 26430 |
| Code for the school year or five thousand dollars, whichever is | 26431 |
| greater. | 26432 |
| (3) In the third consecutive school year that a community | 26433 |
| school is subject to division (C) of this section, all of the | 26434 |
| following shall occur: | 26435 |
| (a) The school shall be permanently closed at the conclusion | 26436 |
| of the school year. | 26437 |
| (b) The sponsor of the school shall pay to the department the | 26438 |
| total amount of the payments made by the school's governing | 26439 |
| authority to the sponsor under division (C) of section 3314.03 of | 26440 |
| the Revised Code for the school year. | 26441 |
| (c) The limit on the number of schools with which the sponsor | 26442 |
| may enter into a contract for sponsorship under division (B)(1) of | 26443 |
| section 3314.015 of the Revised Code shall be decreased by one. | 26444 |
| (D) The sponsor of any community school that is declared to | 26445 |
| be in need of continuous improvement, effective, or excellent | 26446 |
| pursuant to section 3302.03 of the Revised Code and offers one or | 26447 |
| more grade levels for which an achievement test is prescribed | 26448 |
| under section 3301.0710 of the Revised Code may elect to evaluate | 26449 |
| the performance of the school in accordance with division (B) of | 26450 |
| this section, provided the school administers reading and | 26451 |
| mathematics assessments under section 3314.35 of the Revised Code. | 26452 |
| If the sponsor so elects, the evaluation method shall be used for | 26453 |
| a minimum of three school years and shall be specified in the | 26454 |
| contract required by section 3314.03 of the Revised Code. Nothing | 26455 |
| in this division requires the sponsor of a community school that | 26456 |
| elects to evaluate the school in accordance with division (B) of | 26457 |
| this section to take any action specified in division (C) of this | 26458 |
| section, unless the contract requires such action. | 26459 |
| (E) In calculating the gains in student achievement | 26460 |
| demonstrated by a community school for the purposes of division | 26461 |
| (B) of this section, the department shall include the scores of | 26462 |
| all students who participated in the fall and spring | 26463 |
| administrations of the assessments administered under section | 26464 |
| 3314.35 of the Revised Code. If the school's participation rate | 26465 |
| for any grade level is less than ninety-five per cent, the | 26466 |
| department shall calculate the gains in academic achievement | 26467 |
| demonstrated by the students in that grade level as if the | 26468 |
| participation rate was ninety-five per cent by assuming a score of | 26469 |
| zero for each student that it is necessary to add to the | 26470 |
| participation rate to make that rate equal ninety-five per cent. | 26471 |
| Sec. 3315.17. (A) The board of education of each city, | 26472 |
| exempted village, local, and joint vocational school district | 26473 |
| shall establish a textbook and instructional materials fund. Each | 26474 |
| board annually shall deposit into that fund an amount derived from | 26475 |
| revenues received by the district for operating expenses that is | 26476 |
| equal to three per cent of the formula amount for the preceding | 26477 |
| fiscal year, as defined in section 3317.02 of the Revised Code, or | 26478 |
| another percentage if established by the auditor of state under | 26479 |
| division (C) of this section, multiplied by the district's student | 26480 |
| population for the preceding fiscal year. Money in the fund shall | 26481 |
| be used solely for textbooks, instructional software, and | 26482 |
| instructional materials, supplies, and equipment. Any money in the | 26483 |
| fund that is not used in any fiscal year shall carry forward to | 26484 |
| the next fiscal year. | 26485 |
| (B)(1) Notwithstanding division (A) of this section, if in a | 26486 |
| fiscal year a district board deposits in the textbook and | 26487 |
| instructional materials fund an amount of money greater than the | 26488 |
| amount required to be deposited by this section or the rules | 26489 |
| adopted under division (C) of this section, the board may deduct | 26490 |
| the excess amount of money from the amount of money required to be | 26491 |
| deposited in succeeding fiscal years. | 26492 |
| (2) Notwithstanding division (A) of this section, in any year | 26493 |
| a district is in fiscal emergency status as declared pursuant to | 26494 |
| section 3316.03 of the Revised Code, the district may deposit an | 26495 |
| amount less than required by division (A) of this section, or make | 26496 |
| no deposit, into the district textbook and instructional materials | 26497 |
| fund for that year. | 26498 |
| (C) The state superintendent of public instruction and the | 26499 |
| auditor of state jointly shall adopt rules in accordance with | 26500 |
| Chapter 119. of the Revised Code defining what constitutes | 26501 |
| textbooks, instructional software, and instructional materials, | 26502 |
| supplies, and equipment for which money in a school district's | 26503 |
| textbook and instructional materials fund may be used. The auditor | 26504 |
| of state also may designate a percentage, other than three per | 26505 |
| cent, of the formula amount multiplied by the district's student | 26506 |
| population that must be deposited into the fund. | 26507 |
| (D) Notwithstanding division (A) of this section, a district | 26508 |
| board of education in any fiscal year may appropriate money in the | 26509 |
| district textbook and instructional materials fund for purposes | 26510 |
| other than those permitted by that division if both of the | 26511 |
| following occur during that fiscal year: | 26512 |
| (1) All of the following certify to the district board in | 26513 |
| writing that the district has sufficient textbooks, instructional | 26514 |
| software, and instructional materials, supplies, and equipment to | 26515 |
| ensure a thorough and efficient education within the district: | 26516 |
| (a) The district superintendent; | 26517 |
| (b) In districts required to have a business advisory | 26518 |
| council, a person designated by vote of the business advisory | 26519 |
| council; | 26520 |
| (c) If the district teachers are represented by an exclusive | 26521 |
| bargaining representative for purposes of Chapter 4117. of the | 26522 |
| Revised Code, the president of that organization or the | 26523 |
| president's designee. | 26524 |
| (2) The district board adopts, by unanimous vote of all | 26525 |
| members of the board, a resolution stating that the district has | 26526 |
| sufficient textbooks, instructional software, and instructional | 26527 |
| materials, supplies, and equipment to ensure a thorough and | 26528 |
| efficient education within the district. | 26529 |
| (E) Notwithstanding any provision to the contrary in Chapter | 26530 |
| 4117. of the Revised Code, the requirements of this section | 26531 |
| prevail over any conflicting provisions of agreements between | 26532 |
| employee organizations and public employers entered into on or | 26533 |
| after November 21, 1997. | 26534 |
| (F) As used in this section and in section 3315.18 of the | 26535 |
| Revised Code, "student population" means the average, daily, | 26536 |
| full-time-equivalent number of students in kindergarten through | 26537 |
| twelfth grade receiving any educational services from the school | 26538 |
| district during the first full school week in October, excluding | 26539 |
| students enrolled in adult education classes, but including all of | 26540 |
| the following: | 26541 |
| (1) Adjacent or other district students enrolled in the | 26542 |
| district under an open enrollment policy pursuant to section | 26543 |
| 3313.98 of the Revised Code; | 26544 |
| (2) Students receiving services in the district pursuant to a | 26545 |
| compact, cooperative education agreement, or a contract, but who | 26546 |
| are entitled to attend school in another district pursuant to | 26547 |
| section 3313.64 or 3313.65 of the Revised Code; | 26548 |
| (3) Students for whom tuition is payable pursuant to sections | 26549 |
| 3317.081 and 3323.141 of the Revised Code. | 26550 |
| The department of education shall determine a district's | 26551 |
| student population using data reported to it under section 3317.03 | 26552 |
| of the Revised Code for the applicable fiscal year. | 26553 |
| Sec. 3315.18. (A) The board of education of each city, | 26554 |
| exempted village, local, and joint vocational school district | 26555 |
| shall establish a capital and maintenance fund. Each board | 26556 |
| annually shall deposit into that fund an amount derived from | 26557 |
| revenues received by the district that would otherwise have been | 26558 |
| deposited in the general fund that is equal to three per cent of | 26559 |
| the formula amount for the preceding fiscal year, as defined in | 26560 |
| section 3317.02 of the Revised Code, or another percentage if | 26561 |
| established by the auditor of state under division (B) of this | 26562 |
| section, multiplied by the district's student population for the | 26563 |
| preceding fiscal year, except that money received from a permanent | 26564 |
| improvement levy authorized by section 5705.21 of the Revised Code | 26565 |
| may replace general revenue moneys in meeting the requirements of | 26566 |
| this section. Money in the fund shall be used solely for | 26567 |
| acquisition, replacement, enhancement, maintenance, or repair of | 26568 |
| permanent improvements, as that term is defined in section 5705.01 | 26569 |
| of the Revised Code. Any money in the fund that is not used in any | 26570 |
| fiscal year shall carry forward to the next fiscal year. | 26571 |
| (B) The state superintendent of public instruction and the | 26572 |
| auditor of state jointly shall adopt rules in accordance with | 26573 |
| Chapter 119. of the Revised Code defining what constitutes | 26574 |
| expenditures permitted by division (A) of this section. The | 26575 |
| auditor of state may designate a percentage, other than three per | 26576 |
| cent, of the formula amount multiplied by the district's student | 26577 |
| population that must be deposited into the fund. | 26578 |
| (C) Within its capital and maintenance fund, a school | 26579 |
| district board of education may establish a separate account | 26580 |
| solely for the purpose of depositing funds transferred from the | 26581 |
| district's reserve balance account established under former | 26582 |
|
division (H) of
section 5705.29 of the Revised Code. After
| 26583 |
| 26584 | |
| deposit all or part of the funds formerly included in such reserve | 26585 |
| balance account in the separate account established under this | 26586 |
| section. Funds deposited in this separate account and interest on | 26587 |
| such funds shall be utilized solely for the purpose of providing | 26588 |
| the district's portion of the basic project costs of any project | 26589 |
| undertaken in accordance with Chapter 3318. of the Revised Code. | 26590 |
| (D) Notwithstanding division (A) of this section, in any year | 26591 |
| a district is in fiscal emergency status as declared pursuant to | 26592 |
| section 3316.03 of the Revised Code, the district may deposit an | 26593 |
| amount less than required by division (A) of this section, or make | 26594 |
| no deposit, into the district capital and maintenance fund for | 26595 |
| that year. | 26596 |
| (E) Notwithstanding any provision to the contrary in Chapter | 26597 |
| 4117. of the Revised Code, the requirements of this section | 26598 |
| prevail over any conflicting provisions of agreements between | 26599 |
| employee organizations and public employers entered into after | 26600 |
| November 21, 1997. | 26601 |
| Sec. 3315.37. The board of education of a school district | 26602 |
| may establish a teacher education loan program and may expend | 26603 |
| school funds for the program. The program shall be for the purpose | 26604 |
| of making loans to students who are residents of the school | 26605 |
| district or graduates of schools in the school district, who are | 26606 |
| enrolled in teacher preparation programs at institutions approved | 26607 |
| by the state board pursuant to section 3319.23 of the Revised | 26608 |
| Code, and who indicate an intent to teach in the school district | 26609 |
| providing the loan. The district board may forgive the obligation | 26610 |
| to repay any or all of the principal and interest on the loan if | 26611 |
| the borrower teaches in that school district. | 26612 |
| The district board shall adopt rules establishing eligibility | 26613 |
| criteria, application procedures, procedures for review of | 26614 |
| applications, loan amounts, interest, repayment schedules, | 26615 |
| conditions under which principal and interest obligations incurred | 26616 |
| under the program will be forgiven, and any other matter | 26617 |
| incidental to the operation of the program. | 26618 |
| The board may contract with a private, nonprofit foundation, | 26619 |
| one or more institutions of higher education, or other educational | 26620 |
| agencies to administer the program. | 26621 |
| The receipt of a loan under this section does not affect a | 26622 |
| student's eligibility for assistance, or the amount of such | 26623 |
| assistance, granted under section 3315.33, 3333.12, 3333.122, | 26624 |
| 3333.22, 3333.26, 3333.27, 5910.04, or 5919.34 of the Revised | 26625 |
| Code, but the board's rules may provide for taking such assistance | 26626 |
| into consideration when determining a student's eligibility for a | 26627 |
| loan under this section. | 26628 |
| Sec. 3316.043. Upon the approval by the superintendent of | 26629 |
| public instruction of an initial financial plan under section | 26630 |
| 3316.04 of the Revised Code or a financial recovery plan under | 26631 |
| section 3316.06 of the Revised Code, the board of education of the | 26632 |
| school district for which the plan was approved shall revise the | 26633 |
| district's five-year projection of revenues and expenditures in | 26634 |
| accordance with rules adopted under section 5705.391 of the | 26635 |
| Revised Code so that the five-year projection is consistent with | 26636 |
| the financial plan or financial recovery plan. In the case of a | 26637 |
| school district declared to be in a state of fiscal emergency, the | 26638 |
| five-year projection shall be revised by the financial planning | 26639 |
| and supervision commission for that district. | 26640 |
| Sec. 3316.06. (A) Within one hundred twenty days after the | 26641 |
| first meeting of a school district financial planning and | 26642 |
| supervision commission, the commission shall adopt a financial | 26643 |
| recovery plan regarding the school district for which the | 26644 |
| commission was created. During the formulation of the plan, the | 26645 |
| commission shall seek appropriate input from the school district | 26646 |
| board and from the community. This plan shall contain the | 26647 |
| following: | 26648 |
| (1) Actions to be taken to: | 26649 |
| (a) Eliminate all fiscal emergency conditions declared to | 26650 |
| exist pursuant to division (B) of section 3316.03 of the Revised | 26651 |
| Code; | 26652 |
| (b) Satisfy any judgments, past-due accounts payable, and all | 26653 |
| past-due and payable payroll and fringe benefits; | 26654 |
| (c) Eliminate the deficits in all deficit funds, except that | 26655 |
| any prior year deficits in the textbook and instructional | 26656 |
| materials fund established pursuant to section 3315.17 of the | 26657 |
| Revised Code and the capital and maintenance fund established | 26658 |
| pursuant to section 3315.18 of the Revised Code shall be forgiven; | 26659 |
| (d) Restore to special funds any moneys from such funds that | 26660 |
| were used for purposes not within the purposes of such funds, or | 26661 |
| borrowed from such funds by the purchase of debt obligations of | 26662 |
| the school district with the moneys of such funds, or missing from | 26663 |
| the special funds and not accounted for, if any; | 26664 |
| (e) Balance the budget, avoid future deficits in any funds, | 26665 |
| and maintain on a current basis payments of payroll, fringe | 26666 |
| benefits, and all accounts; | 26667 |
| (f) Avoid any fiscal emergency condition in the future; | 26668 |
| (g) Restore the ability of the school district to market | 26669 |
| long-term general obligation bonds under provisions of law | 26670 |
| applicable to school districts generally. | 26671 |
| (2) The management structure that will enable the school | 26672 |
| district to take the actions enumerated in division (A)(1) of this | 26673 |
| section. The plan shall specify the level of fiscal and management | 26674 |
| control that the commission will exercise within the school | 26675 |
| district during the period of fiscal emergency, and shall | 26676 |
| enumerate respectively, the powers and duties of the commission | 26677 |
| and the powers and duties of the school board during that period. | 26678 |
| The commission may elect to assume any of the powers and duties of | 26679 |
| the school board it considers necessary, including all powers | 26680 |
| related to personnel, curriculum, and legal issues in order to | 26681 |
| successfully implement the actions described in division (A)(1) of | 26682 |
| this section. | 26683 |
| (3) The target dates for the commencement, progress upon, and | 26684 |
| completion of the actions enumerated in division (A)(1) of this | 26685 |
| section and a reasonable period of time expected to be required to | 26686 |
| implement the plan. The commission shall prepare a reasonable time | 26687 |
| schedule for progress toward and achievement of the requirements | 26688 |
| for the plan, and the plan shall be consistent with that time | 26689 |
| schedule. | 26690 |
| (4) The amount and purpose of any issue of debt obligations | 26691 |
| that will be issued, together with assurances that any such debt | 26692 |
| obligations that will be issued will not exceed debt limits | 26693 |
| supported by appropriate certifications by the fiscal officer of | 26694 |
| the school district and the county auditor. Debt obligations | 26695 |
| issued pursuant to section 133.301 of the Revised Code shall | 26696 |
| include assurances that such debt shall be in an amount not to | 26697 |
| exceed the amount certified under division (B) of such section. If | 26698 |
| the commission considers it necessary in order to maintain or | 26699 |
| improve educational opportunities of pupils in the school | 26700 |
| district, the plan may include a proposal to restructure or | 26701 |
| refinance outstanding debt obligations incurred by the board under | 26702 |
| section 3313.483 of the Revised Code contingent upon the approval, | 26703 |
| during the period of the fiscal emergency, by district voters of a | 26704 |
| tax levied under section 718.09, 718.10, 5705.194, 5705.21, | 26705 |
| 5748.02, or 5748.08 of the Revised Code, that is not a renewal or | 26706 |
| replacement levy and that will provide new operating revenue. | 26707 |
| Notwithstanding any provision of Chapter 133. or sections 3313.483 | 26708 |
| to 3313.4811 of the Revised Code, following the required approval | 26709 |
| of the district voters and with the approval of the commission, | 26710 |
| the school district may issue securities to evidence the | 26711 |
| restructuring or refinancing. Those securities may extend the | 26712 |
| original period for repayment, not to exceed ten years, and may | 26713 |
| alter the frequency and amount of repayments, interest or other | 26714 |
| financing charges, and other terms of agreements under which the | 26715 |
| debt originally was contracted, at the discretion of the | 26716 |
| commission, provided that any loans received pursuant to section | 26717 |
| 3313.483 of the Revised Code shall be paid from funds the district | 26718 |
| would otherwise receive under sections 3317.022 to 3317.025 of the | 26719 |
| Revised Code, as required under division (E)(3) of section | 26720 |
| 3313.483 of the Revised Code. The securities issued for the | 26721 |
| purpose of restructuring or refinancing the debt shall be repaid | 26722 |
| in equal payments and at equal intervals over the term of the debt | 26723 |
| and are not eligible to be included in any subsequent proposal for | 26724 |
| the purpose of restructuring or refinancing debt under this | 26725 |
| section. | 26726 |
| (B) Any financial recovery plan may be amended subsequent to | 26727 |
| its adoption. Each financial recovery plan shall be updated | 26728 |
| annually. | 26729 |
| (C) Each school district financial planning and supervision | 26730 |
| commission shall submit the financial recovery plan it adopts or | 26731 |
| updates under this section to the state superintendent of public | 26732 |
| instruction for approval immediately following its adoption or | 26733 |
| updating. The state superintendent shall evaluate the plan and | 26734 |
| either approve or disapprove it within thirty calendar days from | 26735 |
| the date of its submission. If the plan is disapproved, the state | 26736 |
| superintendent shall recommend modifications that will render it | 26737 |
| acceptable. No financial planning and supervision commission shall | 26738 |
| implement a financial recovery plan that is adopted or updated on | 26739 |
| or after
| 26740 |
| unless the state superintendent has approved it. | 26741 |
| Sec. 3316.16. (A) A school district financial planning and | 26742 |
| supervision commission, with respect to its functions under this | 26743 |
| chapter, shall continue in existence until such time as a | 26744 |
| determination is made under division (B) of this section that all | 26745 |
| of the following have occurred: | 26746 |
| (1) An effective financial accounting and reporting system in | 26747 |
| accordance with section 3316.10 of the Revised Code is in the | 26748 |
| process of being implemented, and it is reasonably expected that | 26749 |
| this implementation will be completed within two years. | 26750 |
| (2) All of the fiscal emergency conditions determined | 26751 |
| pursuant to division (B) of section 3316.03 of the Revised Code | 26752 |
| have been corrected or eliminated, and no new fiscal emergency | 26753 |
| conditions have occurred. | 26754 |
| (3) The objectives of the financial recovery plan described | 26755 |
| in section 3316.06 of the Revised Code are being met. | 26756 |
| (4) The school district board has prepared a financial | 26757 |
| forecast for a five-year period in accordance with the standards | 26758 |
| issued by the auditor of state and an opinion has been rendered by | 26759 |
| the auditor of state that the financial forecast is considered to | 26760 |
| be nonadverse. The forecast shall display the district's projected | 26761 |
| compliance with sections 3315.17 and 3315.18 of the Revised Code | 26762 |
| beginning in the year the commission is proposed for termination. | 26763 |
| (B) The determination that all conditions listed in division | 26764 |
| (A) of this section for the termination of the existence of the | 26765 |
| commission and its functions exist may be made either by the | 26766 |
| auditor of state or by the commission and shall be certified to | 26767 |
| the commission, the auditor of state, the governor, the director | 26768 |
| of budget and management, and the budget commission, whereupon | 26769 |
| such commission and its functions under this chapter shall | 26770 |
| terminate. This determination shall be made by the auditor of | 26771 |
| state upon the filing with the auditor of state of a written | 26772 |
| request for such a determination by the school district board, the | 26773 |
| governor, or the commission, or may be made by the auditor of | 26774 |
| state upon the auditor of state's own initiative. | 26775 |
| (C) The commission shall prepare and submit at the time of | 26776 |
| such certification a final report of its activities, in such form | 26777 |
| as is appropriate for the purpose of providing a record of its | 26778 |
| activities and assisting other commissions created under this | 26779 |
| chapter in the conduct of their functions. All of the books and | 26780 |
| records of the commission shall be delivered to the auditor of | 26781 |
| state for retention and safekeeping. | 26782 |
| (D) Upon receipt of the certification provided for in | 26783 |
| division (B) of this section, the director of budget and | 26784 |
| management shall follow the procedures set forth in section 126.29 | 26785 |
| of the Revised Code. | 26786 |
| (E) If, at the time of termination of the commission, an | 26787 |
| effective financial accounting and reporting system has not been | 26788 |
| fully implemented, the auditor of state shall monitor the progress | 26789 |
| of implementation and shall exercise authority under this section | 26790 |
| and Chapter 117. of the Revised Code to secure full implementation | 26791 |
| at the earliest time feasible but within two years after such | 26792 |
| termination. | 26793 |
| Sec. 3317.012. (A) The general assembly, having deliberated | 26794 |
| on the model with which to calculate the base cost of an adequate | 26795 |
| education per pupil, has made a policy decision to calculate that | 26796 |
| amount as consisting of the following building blocks: | 26797 |
| (1) Base classroom teachers; | 26798 |
| (2) Other personnel support, which includes additional | 26799 |
| teachers, such as music, arts, and physical education teachers | 26800 |
| funded by state, local, or federal funds or other funds that are | 26801 |
| above the base cost funding level, and other school personnel | 26802 |
| including administrators; | 26803 |
| (3) Nonpersonnel support. | 26804 |
| This model reflects policy decisions made by the general | 26805 |
| assembly concerning the cost of base classroom teachers, which | 26806 |
| decisions entail two policy variables: the number of students per | 26807 |
| base classroom teacher necessary for an adequate education and the | 26808 |
| average compensation for a base classroom teacher necessary for an | 26809 |
| adequate education. The model requires the general assembly to | 26810 |
| decide the amount of other personnel support necessary for an | 26811 |
| adequate education, and increase that amount from year to year by | 26812 |
| the same percentage as it increases the average compensation for | 26813 |
| base classroom teachers. The model finally requires the general | 26814 |
| assembly to decide the nonpersonnel costs necessary for an | 26815 |
| adequate education and to inflate the nonpersonnel costs from year | 26816 |
| to year using the projected inflationary measure for the gross | 26817 |
| domestic product deflator (all items) prepared by the bureau of | 26818 |
| labor statistics of the United States department of labor. | 26819 |
| (B)(1) For fiscal year 2006, the general assembly has | 26820 |
| resolved that a ratio of one base classroom teacher per twenty | 26821 |
| students is necessary for an adequate education. The general | 26822 |
| assembly has made a policy decision that the average compensation | 26823 |
| for base classroom teachers is $53,680 for fiscal year 2006, which | 26824 |
| includes an amount for the value of fringe benefits. For fiscal | 26825 |
| year 2007, the general assembly has resolved that a ratio of one | 26826 |
| base classroom teacher per twenty students is necessary for an | 26827 |
| adequate education. The general assembly has made a policy | 26828 |
| decision that the average compensation for base classroom teachers | 26829 |
| is $54,941, which includes an amount for the value of fringe | 26830 |
| benefits. Based on a ratio of twenty students per base classroom | 26831 |
| teacher, these amounts equal $2,684 per pupil in fiscal year 2006 | 26832 |
| and $2,747 per pupil in fiscal year 2007. | 26833 |
| (2) The general assembly has made a policy decision that the | 26834 |
| per pupil cost of salary and benefits of other personnel support | 26835 |
| is $1,807 in fiscal year 2006. Based on the percentage increase | 26836 |
| for the average compensation of base classroom teachers from | 26837 |
| fiscal year 2006 to fiscal year 2007, the per pupil cost of other | 26838 |
| personnel support is $1,850 in fiscal year 2007. | 26839 |
| (3) The general assembly has made a policy decision that the | 26840 |
| per pupil cost of nonpersonnel support is $792 in fiscal year 2006 | 26841 |
| and $806 in fiscal year 2007. The amount for fiscal year 2007 | 26842 |
| reflects the projected inflationary measure for the gross domestic | 26843 |
| product deflator (all items) of 1.80%. | 26844 |
| (4) Based on the determinations specified in divisions (B)(1) | 26845 |
| to (3) of this section, the per-pupil base cost is $5,283 in | 26846 |
| fiscal year 2006 and $5,403 in fiscal year 2007. | 26847 |
| (C) In addition to the per-pupil base cost as determined | 26848 |
| under divisions (A) and (B) of this section, the general assembly | 26849 |
| determines that the following base funding supplements shall be | 26850 |
| paid to each school district: | 26851 |
| (1) Base funding for large-group academic intervention for | 26852 |
| all students, based on 25 hours per group of students per year at | 26853 |
| an hourly rate of $20.00 in fiscal year 2006 and $20.40 in fiscal | 26854 |
| year 2007, as follows: | 26855 |
| 26856 |
| Where: | 26857 |
| (a) "Large-group intervention units" equals the district's | 26858 |
| formula ADM divided by 20; | 26859 |
| (b) "Hourly rate" equals $20.00 in fiscal year 2006 and | 26860 |
| $20.40 in fiscal year 2007. | 26861 |
| (2) Base funding for professional development, phased in | 26862 |
| according to the following formula: | 26863 |
| 26864 |
| 26865 |
| Where: | 26866 |
| (a) For each school district, the district's "teacher factor" | 26867 |
| is the district's formula ADM divided by 17; | 26868 |
| (b) "Phase-in percentage" equals 0.25 in fiscal year 2006 and | 26869 |
| 0.50 in fiscal year 2007. | 26870 |
| (3) Base funding for data-based decision making, calculated | 26871 |
| according to the following formula: | 26872 |
| 26873 |
| (4) Base funding for professional development regarding | 26874 |
| data-based decision making, calculated according to the following | 26875 |
| formula: | 26876 |
| 26877 |
| 26878 |
| 26879 |
| Where: | 26880 |
| (a) For each school district, the district's "teacher factor" | 26881 |
| is the district's formula ADM divided by 17; | 26882 |
| (b) For each school district, the district's "principal | 26883 |
| factor" is the district's formula ADM divided by 340. | 26884 |
| (D) The general assembly intends that school districts spend | 26885 |
| the state funds calculated and paid for each component of the | 26886 |
| building blocks methodology described in divisions (B)(1) to (3) | 26887 |
| and (C)(1) to (4) of this section according to the purposes | 26888 |
| described in those divisions. | 26889 |
| Sec. 3317.013. This section does not apply to handicapped | 26890 |
| preschool students. | 26891 |
| Analysis of special education cost data has resulted in a | 26892 |
| finding that the average special education additional cost per | 26893 |
| pupil, including the costs of related services, can be expressed | 26894 |
| as a multiple of the base cost per pupil calculated under section | 26895 |
| 3317.012 of the Revised Code. The multiples for the following | 26896 |
| categories of special education programs, as these programs are | 26897 |
| defined for purposes of Chapter 3323. of the Revised Code, and | 26898 |
| adjusted as provided in this section, are as follows: | 26899 |
| (A) A multiple of 0.2892 for students whose primary or only | 26900 |
| identified handicap is a speech and language handicap, as this | 26901 |
| term is defined pursuant to Chapter 3323. of the Revised Code; | 26902 |
| (B) A multiple of 0.3691 for students identified as specific | 26903 |
| learning disabled or developmentally handicapped, as these terms | 26904 |
| are defined pursuant to Chapter 3323. of the Revised Code, or | 26905 |
| other health handicapped-minor; | 26906 |
| (C) A multiple of 1.7695 for students identified as hearing | 26907 |
| handicapped, vision impaired, or severe behavior handicapped, as | 26908 |
| these terms are defined pursuant to Chapter 3323. of the Revised | 26909 |
| Code; | 26910 |
| (D) A multiple of 2.3646 for students identified as | 26911 |
| orthopedically handicapped, as this term is defined pursuant to | 26912 |
| Chapter 3323. of the Revised Code or other health handicapped - | 26913 |
| major; | 26914 |
| (E) A multiple of 3.1129 for students identified as | 26915 |
| multihandicapped, as this term is defined pursuant to Chapter | 26916 |
| 3323. of the Revised Code; | 26917 |
| (F) A multiple of 4.7342 for students identified as autistic, | 26918 |
| having traumatic brain injuries, or as both visually and hearing | 26919 |
| disabled, as these terms are defined pursuant to Chapter 3323. of | 26920 |
| the Revised Code. | 26921 |
| In fiscal year 2004, the multiples specified in divisions (A) | 26922 |
| to (F) of this section shall be adjusted by multiplying them by | 26923 |
| 0.88. In fiscal | 26924 |
| specified in those divisions shall be adjusted by multiplying them | 26925 |
| by 0.90. | 26926 |
| Not later than the thirtieth day of May | 26927 |
| 26928 | |
| office of budget and management a report that specifies for each | 26929 |
| city, local, exempted village, and joint vocational school | 26930 |
| district the fiscal year allocation of the state and local shares | 26931 |
| of special education and related services additional weighted | 26932 |
| funding and federal special education funds passed through to the | 26933 |
| district. | 26934 |
| Sec. 3317.016. In addition to its form SF-3, or any successor | 26935 |
| to that form, the department of education shall publish on its web | 26936 |
| site a spreadsheet for each school district that specifies the | 26937 |
| constituent components of the district's "building blocks" funds, | 26938 |
| as follows: | 26939 |
| (A) For compensation of base classroom teachers, as described | 26940 |
| in division (B)(1) of section 3317.012 of the Revised Code, each | 26941 |
| spreadsheet shall specify the district's aggregate and per pupil | 26942 |
| amounts of state funds and of combined state and local funds, the | 26943 |
| average compensation decided by the general assembly for base | 26944 |
| classroom teachers, as specified in that division, and the number | 26945 |
| of base classroom teachers attributable to the district based on | 26946 |
| the student-teacher ratio decided by the general assembly, as | 26947 |
| specified in that division. | 26948 |
| (B) Each spreadsheet shall specify the district's aggregate | 26949 |
| and per pupil amounts of state funds and of combined state and | 26950 |
| local funds for each of the following: | 26951 |
| (1) Other personnel support, as described in division (B)(2) | 26952 |
| of section 3317.012 of the Revised Code; | 26953 |
| (2) Nonpersonnel support, as described in division (B)(3) of | 26954 |
| that section; | 26955 |
| (3) Academic intervention services, as described in division | 26956 |
| (C)(1) of that section; | 26957 |
| (4) Professional development, as described in division (C)(2) | 26958 |
| of that section; | 26959 |
| (5) Data-based decision making, as described in division | 26960 |
| (C)(3) of that section; | 26961 |
| (6) Professional development for data-based decision making, | 26962 |
| as described in division (C)(4) of that section. | 26963 |
| (C) Each spreadsheet shall separately specify the district's | 26964 |
| aggregate and per pupil state funds for each of the following | 26965 |
| components of poverty-based assistance under section 3317.029 of | 26966 |
| the Revised Code: | 26967 |
| (1) Poverty-based assistance guarantee payment under division | 26968 |
| (B) of that section; | 26969 |
| (2) Academic intervention funding under division (C) of that | 26970 |
| section; | 26971 |
| (3) All-day kindergarten under division (D) of that section; | 26972 |
| (4) Class-size reduction under division (E) of that section; | 26973 |
| (5) Services to limited English proficient students under | 26974 |
| division (F) of that section; | 26975 |
| (6) Professional development, under division (G) of that | 26976 |
| section; | 26977 |
| (7) Dropout prevention under division (H) of that section; | 26978 |
| (8) Community outreach under division (I) of that section. | 26979 |
| Sec. 3317.017. (A) Not later than July 1, 2006, the | 26980 |
| superintendent of public instruction shall adopt a rule under | 26981 |
| which the superintendent may issue an order with respect to the | 26982 |
| spending, by a school district declared to be under an academic | 26983 |
| watch or in a state of academic emergency under section 3302.03 of | 26984 |
| the Revised Code, of the following state building block funds | 26985 |
| intended to pay instructional-related costs: | 26986 |
| (1) State funds for compensation of base classroom teachers, | 26987 |
| as described in division (B)(1) of section 3317.012 of the Revised | 26988 |
| Code; | 26989 |
| (2) State funds for academic intervention services under | 26990 |
| division (C)(1) of section 3317.012 and division (C) of section | 26991 |
| 3317.029 of the Revised Code; | 26992 |
| (3) State funds for professional development under divisions | 26993 |
| (C)(2) and (4) of section 3317.012 and division (G) of section | 26994 |
| 3317.029 of the Revised Code; | 26995 |
| (4) State funds for data based decision making under division | 26996 |
| (C)(3) of section 3317.012 of the Revised Code; | 26997 |
| (5) The poverty-based assistance guarantee payment under | 26998 |
| division (B) of section 3317.029 of the Revised Code; | 26999 |
| (6) State funds for all-day kindergarten under division (D) | 27000 |
| of section 3317.029 of the Revised Code; | 27001 |
| (7) State funds for class-size reduction under division (E) | 27002 |
| of section 3317.029 of the Revised Code; | 27003 |
| (8) State funds for services to limited English proficient | 27004 |
| students under division (F) of section 3317.029 of the Revised | 27005 |
| Code; | 27006 |
| (9) State funds for dropout prevention under division (H) of | 27007 |
| section 3317.029 of the Revised Code; | 27008 |
| (10) State funds for community outreach under division (I) of | 27009 |
| section 3317.029 of the Revised Code. | 27010 |
| (B) The rule shall authorize the superintendent of public | 27011 |
| instruction to issue an order that does one or a combination of | 27012 |
| the following: | 27013 |
| (1) Requires the school district to periodically report to | 27014 |
| the superintendent of public instruction on its spending of the | 27015 |
| state funds paid for each building blocks component described in | 27016 |
| divisions (A)(1) to (10) of this section; | 27017 |
| (2) Requires the district to establish a separate account for | 27018 |
| each of the building blocks components described in divisions | 27019 |
| (A)(1) to (10) of this section to which the district shall credit | 27020 |
| the state funds paid for each; | 27021 |
| (3) Directs the district's spending of any or all of the | 27022 |
| state funds paid for the components described in divisions (A)(1) | 27023 |
| to (10) of this section in accordance with the descriptions and | 27024 |
| requirements of sections 3317.012 and 3317.029 of the Revised | 27025 |
| Code. | 27026 |
| (C) The rule shall specify situations in which the | 27027 |
| superintendent may issue an order and the types of orders the | 27028 |
| superintendent will issue for each of those situations. The rule, | 27029 |
| however, shall authorize the superintendent to issue orders in | 27030 |
| situations that are not enumerated or described in the rule. | 27031 |
| (D) The board of education of each school district to which | 27032 |
| the superintendent of public instruction issues an order pursuant | 27033 |
| to the rule adopted under this section shall comply with that | 27034 |
| order. | 27035 |
| Sec. 3317.02. As used in this chapter: | 27036 |
| (A) Unless otherwise specified, "school district" means city, | 27037 |
| local, and exempted village school districts. | 27038 |
| (B) "Formula amount" means the base cost for the fiscal year | 27039 |
| specified in division (B)(4) of section 3317.012 of the Revised | 27040 |
| Code. | 27041 |
| (C) "FTE basis" means a count of students based on full-time | 27042 |
| equivalency, in accordance with rules adopted by the department of | 27043 |
| education pursuant to section 3317.03 of the Revised Code. In | 27044 |
| adopting its rules under this division, the department shall | 27045 |
| provide for counting any student in category one, two, three, | 27046 |
| four, five, or six special education ADM or in category one or two | 27047 |
| vocational education ADM in the same proportion the student is | 27048 |
| counted in formula ADM. | 27049 |
| (D) | 27050 |
| village school district, the number reported pursuant to division | 27051 |
| (A) of section 3317.03 of the Revised Code, and for a joint | 27052 |
| vocational school district, the number reported pursuant to | 27053 |
|
division
(D) of | 27054 |
| | 27055 |
| formula ADMs for the current and preceding two fiscal years. | 27056 |
| 27057 | |
| 27058 | |
| 27059 | |
| 27060 | |
| 27061 | |
| 27062 | |
| 27063 | |
| 27064 | |
| 27065 |
| | 27066 |
| 27067 | |
| 27068 | |
| 27069 | |
| 27070 |
| | 27071 |
| 27072 |
| | 27073 |
| 27074 |
| | 27075 |
| 27076 |
| | 27077 |
| 27078 | |
| 27079 | |
| 27080 | |
| 27081 | |
| 27082 |
| | 27083 |
| 27084 | |
| 27085 | |
| 27086 |
| (F)(1) "Category one special education ADM" means the average | 27087 |
| daily membership of handicapped children receiving special | 27088 |
| education services for the handicap specified in division (A) of | 27089 |
| section 3317.013 of the Revised Code and reported under division | 27090 |
| (B)(5) or (D)(2)(b) of section 3317.03 of the Revised Code. | 27091 |
| (2) "Category two special education ADM" means the average | 27092 |
| daily membership of handicapped children receiving special | 27093 |
| education services for those handicaps specified in division (B) | 27094 |
| of section 3317.013 of the Revised Code and reported under | 27095 |
| division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised | 27096 |
| Code. | 27097 |
| (3) "Category three special education ADM" means the average | 27098 |
| daily membership of students receiving special education services | 27099 |
| for those handicaps specified in division (C) of section 3317.013 | 27100 |
| of the Revised Code, and reported under division (B)(7) or | 27101 |
| (D)(2)(d) of section 3317.03 of the Revised Code. | 27102 |
| (4) "Category four special education ADM" means the average | 27103 |
| daily membership of students receiving special education services | 27104 |
| for those handicaps specified in division (D) of section 3317.013 | 27105 |
| of the Revised Code and reported under division (B)(8) or | 27106 |
| (D)(2)(e) of section 3317.03 of the Revised Code. | 27107 |
| (5) "Category five special education ADM" means the average | 27108 |
| daily membership of students receiving special education services | 27109 |
| for the handicap specified in division (E) of section 3317.013 of | 27110 |
| the Revised Code and reported under division (B)(9) or (D)(2)(f) | 27111 |
| of section 3317.03 of the Revised Code. | 27112 |
| (6) "Category six special education ADM" means the average | 27113 |
| daily membership of students receiving special education services | 27114 |
| for the handicap specified in division (F) of section 3317.013 of | 27115 |
| the Revised Code and reported under division (B)(10) or (D)(2)(g) | 27116 |
| of section 3317.03 of the Revised Code. | 27117 |
| (7) "Category one vocational education ADM" means the average | 27118 |
| daily membership of students receiving vocational education | 27119 |
| services described in division (A) of section 3317.014 of the | 27120 |
| Revised Code and reported under division (B)(11) or (D)(2)(h) of | 27121 |
| section 3317.03 of the Revised Code. | 27122 |
| (8) "Category two vocational education ADM" means the average | 27123 |
| daily membership of students receiving vocational education | 27124 |
| services described in division (B) of section 3317.014 of the | 27125 |
| Revised Code and reported under division (B)(12) or (D)(2)(i) of | 27126 |
| section 3317.03 of the Revised Code. | 27127 |
| (G) "Handicapped preschool child" means a handicapped child, | 27128 |
| as defined in section 3323.01 of the Revised Code, who is at least | 27129 |
| age three but is not of compulsory school age, as defined in | 27130 |
| section 3321.01 of the Revised Code, and who is not currently | 27131 |
| enrolled in kindergarten. | 27132 |
| (H) "County MR/DD board" means a county board of mental | 27133 |
| retardation and developmental disabilities. | 27134 |
| (I) "Recognized valuation" means the amount calculated for a | 27135 |
| school district pursuant to section 3317.015 of the Revised Code. | 27136 |
| (J) "Transportation ADM" means the number of children | 27137 |
| reported under division (B)(13) of section 3317.03 of the Revised | 27138 |
| Code. | 27139 |
| (K) "Average efficient transportation use cost per student" | 27140 |
| means a statistical representation of transportation costs as | 27141 |
| calculated under division (D)(2) of section 3317.022 of the | 27142 |
| Revised Code. | 27143 |
| (L) "Taxes charged and payable" means the taxes charged and | 27144 |
| payable against real and public utility property after making the | 27145 |
| reduction required by section 319.301 of the Revised Code, plus | 27146 |
| the taxes levied against tangible personal property. | 27147 |
| (M) "Total taxable value" means the sum of the amounts | 27148 |
| certified for a city, local, exempted village, or joint vocational | 27149 |
| school district under divisions (A)(1) and (2) of section 3317.021 | 27150 |
| of the Revised Code. | 27151 |
| (N)(1) "Cost-of-doing-business factor" means the amount | 27152 |
| indicated in this division for the county in which a city, local, | 27153 |
| exempted village, or joint vocational school district is located, | 27154 |
| adjusted in accordance with division (N)(2) of this section. If a | 27155 |
| city, local, or exempted village school district is located in | 27156 |
| more than one county, the factor is the amount indicated for the | 27157 |
| county to which the district is assigned by the state department | 27158 |
| of education. If a joint vocational school district is located in | 27159 |
| more than one county, the factor is the amount indicated for the | 27160 |
| county in which the joint vocational school with the greatest | 27161 |
| formula ADM operated by the district is located. | 27162 |
| COST-OF-DOING-BUSINESS | 27163 | |||
| COUNTY | FACTOR AMOUNT | 27164 | ||
| Adams | 1.0035 | 27165 | ||
| Allen | 1.0206 | 27166 | ||
| Ashland | 1.0297 | 27167 | ||
| Ashtabula | 1.0397 | 27168 | ||
| Athens | 1.0014 | 27169 | ||
| Auglaize | 1.0247 | 27170 | ||
| Belmont | 1.0064 | 27171 | ||
| Brown | 1.0177 | 27172 | ||
| Butler | 1.0646 | 27173 | ||
| Carroll | 1.0137 | 27174 | ||
| Champaign | 1.0446 | 27175 | ||
| Clark | 1.0447 | 27176 | ||
| Clermont | 1.0541 | 27177 | ||
| Clinton | 1.0329 | 27178 | ||
| Columbiana | 1.0214 | 27179 | ||
| Coshocton | 1.0173 | 27180 | ||
| Crawford | 1.0164 | 27181 | ||
| Cuyahoga | 1.0626 | 27182 | ||
| Darke | 1.0338 | 27183 | ||
| Defiance | 1.0146 | 27184 | ||
| Delaware | 1.0528 | 27185 | ||
| Erie | 1.0388 | 27186 | ||
| Fairfield | 1.0366 | 27187 | ||
| Fayette | 1.0319 | 27188 | ||
| Franklin | 1.0608 | 27189 | ||
| Fulton | 1.0330 | 27190 | ||
| Gallia | 1.0000 | 27191 | ||
| Geauga | 1.0501 | 27192 | ||
| Greene | 1.0444 | 27193 | ||
| Guernsey | 1.0066 | 27194 | ||
| Hamilton | 1.0750 | 27195 | ||
| Hancock | 1.0215 | 27196 | ||
| Hardin | 1.0356 | 27197 | ||
| Harrison | 1.0074 | 27198 | ||
| Henry | 1.0318 | 27199 | ||
| Highland | 1.0148 | 27200 | ||
| Hocking | 1.0188 | 27201 | ||
| Holmes | 1.0178 | 27202 | ||
| Huron | 1.0293 | 27203 | ||
| Jackson | 1.0138 | 27204 | ||
| Jefferson | 1.0073 | 27205 | ||
| Knox | 1.0279 | 27206 | ||
| Lake | 1.0524 | 27207 | ||
| Lawrence | 1.0081 | 27208 | ||
| Licking | 1.0381 | 27209 | ||
| Logan | 1.0385 | 27210 | ||
| Lorain | 1.0515 | 27211 | ||
| Lucas | 1.0390 | 27212 | ||
| Madison | 1.0488 | 27213 | ||
| Mahoning | 1.0346 | 27214 | ||
| Marion | 1.0306 | 27215 | ||
| Medina | 1.0536 | 27216 | ||
| Meigs | 1.0026 | 27217 | ||
| Mercer | 1.0203 | 27218 | ||
| Miami | 1.0411 | 27219 | ||
| Monroe | 1.0050 | 27220 | ||
| Montgomery | 1.0453 | 27221 | ||
| Morgan | 1.0089 | 27222 | ||
| Morrow | 1.0301 | 27223 | ||
| Muskingum | 1.0127 | 27224 | ||
| Noble | 1.0073 | 27225 | ||
| Ottawa | 1.0486 | 27226 | ||
| Paulding | 1.0115 | 27227 | ||
| Perry | 1.0160 | 27228 | ||
| Pickaway | 1.0391 | 27229 | ||
| Pike | 1.0103 | 27230 | ||
| Portage | 1.0472 | 27231 | ||
| Preble | 1.0442 | 27232 | ||
| Putnam | 1.0216 | 27233 | ||
| Richland | 1.0199 | 27234 | ||
| Ross | 1.0151 | 27235 | ||
| Sandusky | 1.0321 | 27236 | ||
| Scioto | 1.0012 | 27237 | ||
| Seneca | 1.0223 | 27238 | ||
| Shelby | 1.0278 | 27239 | ||
| Stark | 1.0255 | 27240 | ||
| Summit | 1.0542 | 27241 | ||
| Trumbull | 1.0351 | 27242 | ||
| Tuscarawas | 1.0089 | 27243 | ||
| Union | 1.0500 | 27244 | ||
| Van Wert | 1.0133 | 27245 | ||
| Vinton | 1.0095 | 27246 | ||
| Warren | 1.0658 | 27247 | ||
| Washington | 1.0060 | 27248 | ||
| Wayne | 1.0348 | 27249 | ||
| Williams | 1.0228 | 27250 | ||
| Wood | 1.0360 | 27251 | ||
| Wyandot | 1.0171 | 27252 |
| (2) As used in this division, "multiplier" means the number | 27253 |
| for the corresponding fiscal year as follows: | 27254 |
| FISCAL YEAR OF THE COMPUTATION | MULTIPLIER | 27255 | ||
| 2006 | 5.0/7.5 | 27256 | ||
| 2007 | 2.5/7.5 | 27257 | ||
| 2008 and thereafter | 0 | 27258 |
| Beginning in fiscal year 2006, the department annually shall | 27259 |
| adjust the cost-of-doing-business factor for each county in | 27260 |
| accordance with the following formula: | 27261 |
| 27262 |
| 27263 |
| The result of the calculation is the cost-of-doing-business | 27264 |
| factor. | 27265 |
| (O) "Tax exempt value" of a school district means the amount | 27266 |
| certified for a school district under division (A)(4) of section | 27267 |
| 3317.021 of the Revised Code. | 27268 |
| (P) "Potential value" of a school district means the | 27269 |
| recognized valuation of a school district plus the tax exempt | 27270 |
| value of the district. | 27271 |
| (Q) "District median income" means the median Ohio adjusted | 27272 |
| gross income certified for a school district. On or before the | 27273 |
| first day of July of each year, the tax commissioner shall certify | 27274 |
| to the department of education for each city, exempted village, | 27275 |
| and local school district the median Ohio adjusted gross income of | 27276 |
| the residents of the school district determined on the basis of | 27277 |
| tax returns filed for the second preceding tax year by the | 27278 |
| residents of the district. | 27279 |
| (R) "Statewide median income" means the median district | 27280 |
| median income of all city, exempted village, and local school | 27281 |
| districts in the state. | 27282 |
| (S) "Income factor" for a city, exempted village, or local | 27283 |
| school district means the quotient obtained by dividing that | 27284 |
| district's median income by the statewide median income. | 27285 |
| (T) "Medically fragile child" means a child to whom all of | 27286 |
| the following apply: | 27287 |
| (1) The child requires the services of a doctor of medicine | 27288 |
| or osteopathic medicine at least once a week due to the | 27289 |
| instability of the child's medical condition. | 27290 |
| (2) The child requires the services of a registered nurse on | 27291 |
| a daily basis. | 27292 |
| (3) The child is at risk of institutionalization in a | 27293 |
| hospital, skilled nursing facility, or intermediate care facility | 27294 |
| for the mentally retarded. | 27295 |
| (U) A child may be identified as "other health | 27296 |
| handicapped-major" if the child's condition meets the definition | 27297 |
| of "other health impaired" established in rules adopted by the | 27298 |
| state board of education prior to July 1, 2001, and if either of | 27299 |
| the following apply: | 27300 |
| (1) The child is identified as having a medical condition | 27301 |
| that is among those listed by the superintendent of public | 27302 |
| instruction as conditions where a substantial majority of cases | 27303 |
| fall within the definition of "medically fragile child." The | 27304 |
| superintendent of public instruction shall issue an initial list | 27305 |
| no later than September 1, 2001. | 27306 |
| (2) The child is determined by the superintendent of public | 27307 |
| instruction to be a medically fragile child. A school district | 27308 |
| superintendent may petition the superintendent of public | 27309 |
| instruction for a determination that a child is a medically | 27310 |
| fragile child. | 27311 |
| (V) A child may be identified as "other health | 27312 |
| handicapped-minor" if the child's condition meets the definition | 27313 |
| of "other health impaired" established in rules adopted by the | 27314 |
| state board of education prior to July 1, 2001, but the child's | 27315 |
| condition does not meet either of the conditions specified in | 27316 |
| division (U)(1) or (2) of this section. | 27317 |
| (W) "SF-3 payment" means the sum of the payments to a school | 27318 |
| district in a fiscal year under divisions (A), (C)(1), (C)(4), | 27319 |
| (D), (E), and (F) of section 3317.022, divisions (J), (P), and (R) | 27320 |
| of section 3317.024, and sections 3317.029, 3317.0216, 3317.0217, | 27321 |
| 3317.04, 3317.05, 3317.052, and 3317.053 of the Revised Code after | 27322 |
| making the adjustments required by sections 3313.981 and 3313.979 | 27323 |
| of the Revised Code, divisions (B), (C), (D), (E), (K), (L), (M), | 27324 |
| and (N) of section 3317.023, and division (C) of section 3317.20 | 27325 |
| of the Revised Code. | 27326 |
| Sec. 3317.021. (A) On or before the first day of June of | 27327 |
| each year, the tax commissioner shall certify to the department of | 27328 |
| education the following information for each city, exempted | 27329 |
| village, and local school district, and the information required | 27330 |
| by divisions (A)(1) and (2) of this section for each joint | 27331 |
| vocational school district, and it shall be used, along with the | 27332 |
| information certified under division (B) of this section, in | 27333 |
| making the computations for the district under sections 3317.022 | 27334 |
| and 3317.0217 or section 3317.16 of the Revised Code: | 27335 |
| (1) The taxable value of real and public utility real | 27336 |
| property in the school district subject to taxation in the | 27337 |
| preceding tax year, by class and by county of location; | 27338 |
| (2) The taxable value of tangible personal property, | 27339 |
| including public utility personal property, subject to taxation by | 27340 |
| the district for the preceding tax year; | 27341 |
| (3)(a) The total property tax rate and total taxes charged | 27342 |
| and payable for the current expenses for the preceding tax year | 27343 |
| for each city, local, and exempted village school district, | 27344 |
| including the total property tax rate and the total taxes charged | 27345 |
| and payable to a joint vocational district for the preceding tax | 27346 |
| year that are limited to or to the extent apportioned to current | 27347 |
| expenses; | 27348 |
| (b) The portion of the amount of taxes charged and payable | 27349 |
| reported for each city, local, and exempted village school | 27350 |
| district under division (A)(3)(a) of this section excluding those | 27351 |
| taxes attributable to a joint vocational school district. | 27352 |
| (4) The value of all real and public utility real property in | 27353 |
| the school district exempted from taxation minus both of the | 27354 |
| following: | 27355 |
| (a) The value of real and public utility real property in the | 27356 |
| district owned by the United States government and used | 27357 |
| exclusively for a public purpose; | 27358 |
| (b) The value of real and public utility real property in the | 27359 |
| district exempted from taxation under Chapter 725. or 1728. or | 27360 |
| section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632, | 27361 |
| 5709.73, or 5709.78 of the Revised Code. | 27362 |
| (5) The total federal adjusted gross income of the residents | 27363 |
| of the school district, based on tax returns filed by the | 27364 |
| residents of the district, for the most recent year for which this | 27365 |
| information is available. | 27366 |
| (B) On or before the first day of May each year, the tax | 27367 |
| commissioner shall certify to the department of education the | 27368 |
| total taxable real property value of railroads and, separately, | 27369 |
| the total taxable tangible personal property value of all public | 27370 |
| utilities for the preceding tax year, by school district and by | 27371 |
| county of location. | 27372 |
| (C) If a public utility has properly and timely filed a | 27373 |
| petition for reassessment under section 5727.47 of the Revised | 27374 |
| Code with respect to an assessment issued under section 5727.23 of | 27375 |
| the Revised Code affecting taxable property apportioned by the tax | 27376 |
| commissioner to a school district, the taxable value of, and taxes | 27377 |
| charged and payable on, public utility tangible personal property | 27378 |
| included in the certification under divisions (A)(2), (A)(3), and | 27379 |
| (B) of this section for the school district shall include only the | 27380 |
| amount of taxable value on the basis of which the public utility | 27381 |
| paid tax for the preceding year as provided in division (B)(1) or | 27382 |
| (2) of section 5727.47 of the Revised Code for a certification | 27383 |
| under divisions (A)(2) and (B) of this section, and shall include | 27384 |
| only the amount of taxes charged and payable that the public | 27385 |
| utility paid for the preceding year as provided in division (B)(1) | 27386 |
| or (2) of section 5727.47 of the Revised Code for a certification | 27387 |
| under division (A)(3) of this section. | 27388 |
| (D) If on the basis of the information certified under | 27389 |
| division (A) of this section, the department determines that any | 27390 |
| district fails in any year to meet the qualification requirement | 27391 |
| specified in division (A) of section 3317.01 of the Revised Code, | 27392 |
| the department shall immediately request the tax commissioner to | 27393 |
| determine the extent to which any school district income tax | 27394 |
| levied by the district under Chapter 5748. of the Revised Code | 27395 |
| shall be included in meeting that requirement. Within five days of | 27396 |
| receiving such a request from the department, the tax commissioner | 27397 |
| shall make the determination required by this division and report | 27398 |
| the quotient obtained under division (D)(3) of this section to the | 27399 |
| department. This quotient represents the number of mills that the | 27400 |
| department shall include in determining whether the district meets | 27401 |
| the qualification requirement of division (A) of section 3317.01 | 27402 |
| of the Revised Code. | 27403 |
| The tax commissioner shall make the determination required by | 27404 |
| this division as follows: | 27405 |
| (1) Multiply one mill times the total taxable value of the | 27406 |
| district as determined in divisions (A)(1) and (2) of this | 27407 |
| section; | 27408 |
| (2) Estimate the total amount of tax liability for the | 27409 |
| current tax year under taxes levied by Chapter 5748. of the | 27410 |
| Revised Code that are apportioned to current operating expenses of | 27411 |
| the district; | 27412 |
| (3) Divide the amount estimated under division (D)(2) of this | 27413 |
| section by the product obtained under division (D)(1) of this | 27414 |
| section. | 27415 |
| Sec. 3317.022. (A) | 27416 |
| compute and distribute state base cost funding to each school | 27417 |
|
district for the fiscal year | 27418 |
| 27419 | |
| 27420 | |
| of the Revised Code in the calendar year in which the fiscal year | 27421 |
| begins. | 27422 |
| (1) Compute the following for each eligible district: | 27423 |
| 27424 |
| 27425 |
| 27426 | |
| 27427 | |
| 27428 |
| 27429 |
| If the difference obtained is a negative number, the | 27430 |
| district's computation shall be zero. | 27431 |
| (2) Compute both of the following for each school district: | 27432 |
| (a) The difference of (i) the district's fiscal year 2005 | 27433 |
| base cost payment under the version of division (A)(1) of this | 27434 |
| section in effect in fiscal year 2005, minus (ii) the amount | 27435 |
| computed for the district for the current fiscal year under | 27436 |
| current division (A)(1) of this section; | 27437 |
| (b) The following amount: | 27438 |
| 27439 |
| 27440 |
| 27441 |
| If one of the amounts computed under division (A)(2)(a) or | 27442 |
| (b) of this section is a positive amount, the department shall pay | 27443 |
| the district that amount in addition to the amount calculated | 27444 |
| under division (A)(1) of this section. If both amounts are | 27445 |
| positive amounts, the department shall pay the district the lesser | 27446 |
| of the two amounts in addition to the amount calculated under | 27447 |
| division (A)(1) of this section. | 27448 |
| (3)(a) For each school district for which the tax exempt | 27449 |
| value of the district equals or exceeds twenty-five per cent of | 27450 |
| the potential value of the district, the department of education | 27451 |
| shall calculate the difference between the district's tax exempt | 27452 |
| value and twenty-five per cent of the district's potential value. | 27453 |
| (b) For each school district to which division
(A) | 27454 |
| of this section applies, the department shall adjust the | 27455 |
| recognized valuation used in the calculation under division (A)(1) | 27456 |
| of this section by subtracting from it the amount calculated under | 27457 |
|
division (A) | 27458 |
| (B) As used in this section: | 27459 |
| (1) The "total special education weight" for a district means | 27460 |
| the sum of the following amounts: | 27461 |
| (a) The district's category one special education ADM | 27462 |
| multiplied by the multiple specified in division (A) of section | 27463 |
| 3317.013 of the Revised Code; | 27464 |
| (b) The district's category two special education ADM | 27465 |
| multiplied by the multiple specified in division (B) of section | 27466 |
| 3317.013 of the Revised Code; | 27467 |
| (c) The district's category three special education ADM | 27468 |
| multiplied by the multiple specified in division (C) of section | 27469 |
| 3317.013 of the Revised Code; | 27470 |
| (d) The district's category four special education ADM | 27471 |
| multiplied by the multiple specified in division (D) of section | 27472 |
| 3317.013 of the Revised Code; | 27473 |
| (e) The district's category five special education ADM | 27474 |
| multiplied by the multiple specified in division (E) of section | 27475 |
| 3317.013 of the Revised Code; | 27476 |
| (f) The district's category six special education ADM | 27477 |
| multiplied by the multiple specified in division (F) of section | 27478 |
| 3317.013 of the Revised Code. | 27479 |
| (2) "State share percentage" means the percentage calculated | 27480 |
| for a district as follows: | 27481 |
| (a) Calculate the state base cost funding amount for the | 27482 |
| district for the fiscal year under division (A) of this section. | 27483 |
| If the district would not receive any state base cost funding for | 27484 |
| that year under that division, the district's state share | 27485 |
| percentage is zero. | 27486 |
| (b) If the district would receive state base cost funding | 27487 |
| under that division, divide that amount by an amount equal to the | 27488 |
| following: | 27489 |
| 27490 |
| 27491 |
| 27492 | |
| 27493 |
| The resultant number is the district's state share | 27494 |
| percentage. | 27495 |
| (3) "Related services" includes: | 27496 |
| (a) Child study, special education supervisors and | 27497 |
| coordinators, speech and hearing services, adaptive physical | 27498 |
| development services, occupational or physical therapy, teacher | 27499 |
| assistants for handicapped children whose handicaps are described | 27500 |
| in division (B) of section 3317.013 or division (F)(3) of section | 27501 |
| 3317.02 of the Revised Code, behavioral intervention, interpreter | 27502 |
| services, work study, nursing services, and specialized | 27503 |
| integrative services as those terms are defined by the department; | 27504 |
| (b) Speech and language services provided to any student with | 27505 |
| a handicap, including any student whose primary or only handicap | 27506 |
| is a speech and language handicap; | 27507 |
| (c) Any related service not specifically covered by other | 27508 |
| state funds but specified in federal law, including but not | 27509 |
| limited to, audiology and school psychological services; | 27510 |
| (d) Any service included in units funded under former | 27511 |
| division (O)(1) of section 3317.023 of the Revised Code; | 27512 |
| (e) Any other related service needed by handicapped children | 27513 |
| in accordance with their individualized education plans. | 27514 |
| (4) The "total vocational education weight" for a district | 27515 |
| means the sum of the following amounts: | 27516 |
| (a) The district's category one vocational education ADM | 27517 |
| multiplied by the multiple specified in division (A) of section | 27518 |
| 3317.014 of the Revised Code; | 27519 |
| (b) The district's category two vocational education ADM | 27520 |
| multiplied by the multiple specified in division (B) of section | 27521 |
| 3317.014 of the Revised Code. | 27522 |
| (C)(1) The department shall compute and distribute state | 27523 |
| special education and related services additional weighted costs | 27524 |
| funds to each school district in accordance with the following | 27525 |
| formula: | 27526 |
| 27527 |
| 27528 |
| 27529 |
| 27530 |
| (2) The attributed local share of special education and | 27531 |
| related services additional weighted costs equals: | 27532 |
| 27533 |
| 27534 |
| 27535 |
| (3)(a) The department shall compute and pay in accordance | 27536 |
| with this division additional state aid to school districts for | 27537 |
| students in categories two through six special education ADM. If a | 27538 |
| district's costs for the fiscal year for a student in its | 27539 |
| categories two through six special education ADM exceed the | 27540 |
| threshold catastrophic cost for serving the student, the district | 27541 |
| may submit to the superintendent of public instruction | 27542 |
| documentation, as prescribed by the superintendent, of all its | 27543 |
| costs for that student. Upon submission of documentation for a | 27544 |
| student of the type and in the manner prescribed, the department | 27545 |
| shall pay to the district an amount equal to the sum of the | 27546 |
| following: | 27547 |
| (i) One-half of the district's costs for the student in | 27548 |
| excess of the threshold catastrophic cost; | 27549 |
| (ii) The product of one-half of the district's costs for the | 27550 |
| student in excess of the threshold catastrophic cost multiplied by | 27551 |
| the district's state share percentage. | 27552 |
| (b) For purposes of division (C)(3)(a) of this section, the | 27553 |
| threshold catastrophic cost for serving a student equals: | 27554 |
| (i) For a student in the school district's category two, | 27555 |
| three, four, or five special education ADM, twenty-five thousand | 27556 |
|
dollars in fiscal year 2002 | 27557 |
| hundred dollars in fiscal years 2003, 2004, and 2005, and | 27558 |
| twenty-six thousand five hundred dollars in fiscal years 2006 and | 27559 |
| 2007; | 27560 |
| (ii) For a student in the district's category six special | 27561 |
|
education ADM, thirty thousand dollars in fiscal year 2002 | 27562 |
| thirty thousand eight hundred forty dollars in fiscal years 2003, | 27563 |
| 2004, and 2005, and thirty-one thousand eight hundred dollars in | 27564 |
| fiscal years 2006 and 2007. | 27565 |
| (c) The district shall only report under division (C)(3)(a) | 27566 |
| of this section, and the department shall only pay for, the costs | 27567 |
| of educational expenses and the related services provided to the | 27568 |
| student in accordance with the student's individualized education | 27569 |
| program. Any legal fees, court costs, or other costs associated | 27570 |
| with any cause of action relating to the student may not be | 27571 |
| included in the amount. | 27572 |
| (4)(a) As used in this division, the "personnel allowance" | 27573 |
| means thirty thousand dollars in fiscal years 2002, 2003, 2004, | 27574 |
| 27575 |
| (b) For the provision of speech language pathology services | 27576 |
| to students, including students who do not have individualized | 27577 |
| education programs prepared for them under Chapter 3323. of the | 27578 |
| Revised Code, and for no other purpose, the department of | 27579 |
| education shall pay each school district an amount calculated | 27580 |
| under the following formula: | 27581 |
| 27582 |
| 27583 |
| (5) In any fiscal year, a school district shall spend for | 27584 |
| purposes that the department designates as approved for special | 27585 |
| education and related services expenses at least the amount | 27586 |
| calculated as follows: | 27587 |
| 27588 |
| 27589 |
| 27590 |
| 27591 |
| The purposes approved by the department for special education | 27592 |
| expenses shall include, but shall not be limited to, | 27593 |
| identification of handicapped children, compliance with state | 27594 |
| rules governing the education of handicapped children and | 27595 |
| prescribing the continuum of program options for handicapped | 27596 |
| children, provision of speech language pathology services, and the | 27597 |
| portion of the school district's overall administrative and | 27598 |
| overhead costs that are attributable to the district's special | 27599 |
| education student population. | 27600 |
| The department shall require school districts to report data | 27601 |
| annually to allow for monitoring compliance with division (C)(5) | 27602 |
| of this section. The department shall annually report to the | 27603 |
| governor and the general assembly the amount of money spent by | 27604 |
| each school district for special education and related services. | 27605 |
| (6) In any fiscal year, a school district shall spend for the | 27606 |
| provision of speech language pathology services not less than the | 27607 |
| sum of the amount calculated under division (C)(1) of this section | 27608 |
| for the students in the district's category one special education | 27609 |
| ADM and the amount calculated under division (C)(4) of this | 27610 |
| section. | 27611 |
| (D)(1) As used in this division: | 27612 |
| (a) "Daily bus miles per student" equals the number of bus | 27613 |
| miles traveled per day, divided by transportation base. | 27614 |
| (b) "Transportation base" equals total student count as | 27615 |
| defined in section 3301.011 of the Revised Code, minus the number | 27616 |
| of students enrolled in preschool handicapped units, plus the | 27617 |
| number of nonpublic school students included in transportation | 27618 |
| ADM. | 27619 |
| (c) "Transported student percentage" equals transportation | 27620 |
| ADM divided by transportation base. | 27621 |
| (d) "Transportation cost per student" equals total operating | 27622 |
| costs for board-owned or contractor-operated school buses divided | 27623 |
| by transportation base. | 27624 |
| (2) Analysis of student transportation cost data has resulted | 27625 |
| in a finding that an average efficient transportation use cost per | 27626 |
| student can be calculated by means of a regression formula that | 27627 |
| has as its two independent variables the number of daily bus miles | 27628 |
| per student and the transported student percentage. For fiscal | 27629 |
| year 1998 transportation cost data, the average efficient | 27630 |
| transportation use cost per student is expressed as follows: | 27631 |
| 27632 |
| 27633 |
| The department of education shall annually determine the | 27634 |
| average efficient transportation use cost per student in | 27635 |
| accordance with the principles stated in division (D)(2) of this | 27636 |
| section, updating the intercept and regression coefficients of the | 27637 |
| regression formula modeled in this division, based on an annual | 27638 |
| statewide analysis of each school district's daily bus miles per | 27639 |
| student, transported student percentage, and transportation cost | 27640 |
| per student data. The department shall conduct the annual update | 27641 |
| using data, including daily bus miles per student, transported | 27642 |
| student percentage, and transportation cost per student data, from | 27643 |
| the prior fiscal year. The department shall notify the office of | 27644 |
| budget and management of such update by the fifteenth day of | 27645 |
| February of each year. | 27646 |
| (3) In addition to funds paid under divisions (A), (C), and | 27647 |
| (E) of this section, each district with a transported student | 27648 |
| percentage greater than zero shall receive a payment equal to a | 27649 |
| percentage of the product of the district's transportation base | 27650 |
| from the prior fiscal year times the annually updated average | 27651 |
| efficient transportation use cost per student, times an inflation | 27652 |
| factor of two and eight tenths per cent to account for the | 27653 |
| one-year difference between the data used in updating the formula | 27654 |
| and calculating the payment and the year in which the payment is | 27655 |
| made. The percentage shall be the following percentage of that | 27656 |
| product specified for the corresponding fiscal year: | 27657 |
| FISCAL YEAR | PERCENTAGE | 27658 | |||
| 2000 | 52.5% | 27659 | |||
| 2001 | 55% | 27660 | |||
| 2002 | 57.5% | 27661 | |||
| 2003 and thereafter | The greater of 60% or the district's state share percentage | 27662 |
| The payments made under division (D)(3) of this section each | 27663 |
| year shall be calculated based on all of the same prior year's | 27664 |
| data used to update the formula. | 27665 |
| (4) In addition to funds paid under divisions (D)(2) and (3) | 27666 |
| of this section, a school district shall receive a rough road | 27667 |
| subsidy if both of the following apply: | 27668 |
| (a) Its county rough road percentage is higher than the | 27669 |
| statewide rough road percentage, as those terms are defined in | 27670 |
| division (D)(5) of this section; | 27671 |
| (b) Its district student density is lower than the statewide | 27672 |
| student density, as those terms are defined in that division. | 27673 |
| (5) The rough road subsidy paid to each district meeting the | 27674 |
| qualifications of division (D)(4) of this section shall be | 27675 |
| calculated in accordance with the following formula: | 27676 |
| 27677 |
| 27678 |
| where: | 27679 |
| (a) "Per rough mile subsidy" equals the amount calculated in | 27680 |
| accordance with the following formula: | 27681 |
| 27682 |
| 27683 |
| 27684 |
| (i) "Maximum rough road percentage" means the highest county | 27685 |
| rough road percentage in the state. | 27686 |
| (ii) "County rough road percentage" equals the percentage of | 27687 |
| the mileage of state, municipal, county, and township roads that | 27688 |
| is rated by the department of transportation as type A, B, C, E2, | 27689 |
| or F in the county in which the school district is located or, if | 27690 |
| the district is located in more than one county, the county to | 27691 |
| which it is assigned for purposes of determining its | 27692 |
| cost-of-doing-business factor. | 27693 |
| (iii) "Statewide rough road percentage" means the percentage | 27694 |
| of the statewide total mileage of state, municipal, county, and | 27695 |
| township roads that is rated as type A, B, C, E2, or F by the | 27696 |
| department of transportation. | 27697 |
| (b) "Total rough road miles" means a school district's total | 27698 |
| bus miles traveled in one year times its county rough road | 27699 |
| percentage. | 27700 |
| (c) "Density multiplier" means a figure calculated in | 27701 |
| accordance with the following formula: | 27702 |
| 27703 |
| 27704 |
| 27705 |
| (i) "Minimum student density" means the lowest district | 27706 |
| student density in the state. | 27707 |
| (ii) "District student density" means a school district's | 27708 |
| transportation base divided by the number of square miles in the | 27709 |
| district. | 27710 |
| (iii) "Statewide student density" means the sum of the | 27711 |
| transportation bases for all school districts divided by the sum | 27712 |
| of the square miles in all school districts. | 27713 |
| (6) In addition to funds paid under divisions (D)(2) to (5) | 27714 |
| of this section, each district shall receive in accordance with | 27715 |
| rules adopted by the state board of education a payment for | 27716 |
| students transported by means other than board-owned or | 27717 |
| contractor-operated buses and whose transportation is not funded | 27718 |
| under division (J) of section 3317.024 of the Revised Code. The | 27719 |
| rules shall include provisions for school district reporting of | 27720 |
| such students. | 27721 |
| (E)(1) The department shall compute and distribute state | 27722 |
| vocational education additional weighted costs funds to each | 27723 |
| school district in accordance with the following formula: | 27724 |
| 27725 |
| 27726 |
| 27727 |
| In any fiscal year, a school district receiving funds under | 27728 |
| division (E)(1) of this section shall spend those funds only for | 27729 |
| the purposes that the department designates as approved for | 27730 |
| vocational education expenses. Vocational educational expenses | 27731 |
| approved by the department shall include only expenses connected | 27732 |
| to the delivery of career-technical programming to | 27733 |
| career-technical students. The department shall require the school | 27734 |
| district to report data annually so that the department may | 27735 |
| monitor the district's compliance with the requirements regarding | 27736 |
| the manner in which funding received under division (E)(1) of this | 27737 |
| section may be spent. | 27738 |
| (2) The department shall compute for each school district | 27739 |
| state funds for vocational education associated services in | 27740 |
| accordance with the following formula: | 27741 |
| 27742 |
| 27743 |
| 27744 |
| In any fiscal year, a school district receiving funds under | 27745 |
| division (E)(2) of this section, or through a transfer of funds | 27746 |
| pursuant to division (L) of section 3317.023 of the Revised Code, | 27747 |
| shall spend those funds only for the purposes that the department | 27748 |
| designates as approved for vocational education associated | 27749 |
| services expenses, which may include such purposes as | 27750 |
| apprenticeship coordinators, coordinators for other vocational | 27751 |
| education services, vocational evaluation, and other purposes | 27752 |
| designated by the department. The department may deny payment | 27753 |
| under division (E)(2) of this section to any district that the | 27754 |
| department determines is not operating those services or is using | 27755 |
| funds paid under division (E)(2) of this section, or through a | 27756 |
| transfer of funds pursuant to division (L) of section 3317.023 of | 27757 |
| the Revised Code, for other purposes. | 27758 |
| (F) The actual local share in any fiscal year for the | 27759 |
| combination of special education and related services additional | 27760 |
| weighted costs funding calculated under division (C)(1) of this | 27761 |
| section, transportation funding calculated under divisions (D)(2) | 27762 |
| and (3) of this section, and vocational education and associated | 27763 |
| services additional weighted costs funding calculated under | 27764 |
| divisions (E)(1) and (2) of this section shall not exceed for any | 27765 |
| school district the product of three and three-tenths mills times | 27766 |
| the district's recognized valuation. The department annually shall | 27767 |
| pay each school district as an excess cost supplement any amount | 27768 |
| by which the sum of the district's attributed local shares for | 27769 |
| that funding exceeds that product. For purposes of calculating the | 27770 |
| excess cost supplement: | 27771 |
| (1) The attributed local share for special education and | 27772 |
| related services additional weighted costs funding is the amount | 27773 |
| specified in division (C)(2) of this section. | 27774 |
| (2) The attributed local share of transportation funding | 27775 |
| equals the difference of the total amount calculated for the | 27776 |
| district using the formula developed under division (D)(2) of this | 27777 |
| section minus the actual amount paid to the district after | 27778 |
| applying the percentage specified in division (D)(3) of this | 27779 |
| section. | 27780 |
| (3) The attributed local share of vocational education and | 27781 |
| associated services additional weighted costs funding is the | 27782 |
| amount determined as follows: | 27783 |
| 27784 |
| 27785 |
| 27786 |
| Sec. 3317.023. (A) Notwithstanding section 3317.022 of the | 27787 |
| Revised Code, the amounts required to be paid to a district under | 27788 |
| this chapter shall be adjusted by the amount of the computations | 27789 |
|
made under divisions (B) to
| 27790 |
| As used in this section: | 27791 |
| (1) "Classroom teacher" means a licensed employee who | 27792 |
| provides direct instruction to pupils, excluding teachers funded | 27793 |
| from money paid to the district from federal sources; educational | 27794 |
| service personnel; and vocational and special education teachers. | 27795 |
| (2) "Educational service personnel" shall not include such | 27796 |
| specialists funded from money paid to the district from federal | 27797 |
| sources or assigned full-time to vocational or special education | 27798 |
| students and classes and may only include those persons employed | 27799 |
| in the eight specialist areas in a pattern approved by the | 27800 |
| department of education under guidelines established by the state | 27801 |
| board of education. | 27802 |
| (3) "Annual salary" means the annual base salary stated in | 27803 |
| the state minimum salary schedule for the performance of the | 27804 |
| teacher's regular teaching duties that the teacher earns for | 27805 |
| services rendered for the first full week of October of the fiscal | 27806 |
| year for which the adjustment is made under division (C) of this | 27807 |
| section. It shall not include any salary payments for supplemental | 27808 |
| teachers contracts. | 27809 |
| (4) "Regular student population" means the formula ADM plus | 27810 |
| the number of students reported as enrolled in the district | 27811 |
| pursuant to division (A)(1) of section 3313.981 of the Revised | 27812 |
| Code; minus the number of students reported under division (A)(2) | 27813 |
| of section 3317.03 of the Revised Code; minus the FTE of students | 27814 |
| reported under division (B)(6), (7), (8), (9), (10), (11), or (12) | 27815 |
| of that section who are enrolled in a vocational education class | 27816 |
| or receiving special education; and minus twenty per cent of the | 27817 |
| students enrolled concurrently in a joint vocational school | 27818 |
| district. | 27819 |
| (5) "State share percentage" has the same meaning as in | 27820 |
| section 3317.022 of the Revised Code. | 27821 |
| (6) "VEPD" means a school district or group of school | 27822 |
| districts designated by the department of education as being | 27823 |
| responsible for the planning for and provision of vocational | 27824 |
| education services to students within the district or group. | 27825 |
| (7) "Lead district" means a school district, including a | 27826 |
| joint vocational school district, designated by the department as | 27827 |
| a VEPD, or designated to provide primary vocational education | 27828 |
| leadership within a VEPD composed of a group of districts. | 27829 |
| (B) If the district employs less than one full-time | 27830 |
| equivalent classroom teacher for each twenty-five pupils in the | 27831 |
| regular student population in any school district, deduct the sum | 27832 |
| of the amounts obtained from the following computations: | 27833 |
| (1) Divide the number of the district's full-time equivalent | 27834 |
| classroom teachers employed by one twenty-fifth; | 27835 |
| (2) Subtract the quotient in (1) from the district's regular | 27836 |
| student population; | 27837 |
| (3) Multiply the difference in (2) by seven hundred fifty-two | 27838 |
| dollars. | 27839 |
| (C) If a positive amount, add one-half of the amount obtained | 27840 |
| by multiplying the number of full-time equivalent classroom | 27841 |
| teachers by: | 27842 |
| (1) The mean annual salary of all full-time equivalent | 27843 |
| classroom teachers employed by the district at their respective | 27844 |
| training and experience levels minus; | 27845 |
| (2) The mean annual salary of all such teachers at their | 27846 |
| respective levels in all school districts receiving payments under | 27847 |
| this section. | 27848 |
| The number of full-time equivalent classroom teachers used in | 27849 |
| this computation shall not exceed one twenty-fifth of the | 27850 |
| district's regular student population. In calculating the | 27851 |
| district's mean salary under this division, those full-time | 27852 |
| equivalent classroom teachers with the highest training level | 27853 |
| shall be counted first, those with the next highest training level | 27854 |
| second, and so on, in descending order. Within the respective | 27855 |
| training levels, teachers with the highest years of service shall | 27856 |
| be counted first, the next highest years of service second, and so | 27857 |
| on, in descending order. | 27858 |
| (D) This division does not apply to a school district that | 27859 |
| has entered into an agreement under division (A) of section | 27860 |
| 3313.42 of the Revised Code. Deduct the amount obtained from the | 27861 |
| following computations if the district employs fewer than five | 27862 |
| full-time equivalent educational service personnel, including | 27863 |
| elementary school art, music, and physical education teachers, | 27864 |
| counselors, librarians, visiting teachers, school social workers, | 27865 |
| and school nurses for each one thousand pupils in the regular | 27866 |
| student population: | 27867 |
| (1) Divide the number of full-time equivalent educational | 27868 |
| service personnel employed by the district by five | 27869 |
| one-thousandths; | 27870 |
| (2) Subtract the quotient in (1) from the district's regular | 27871 |
| student population; | 27872 |
| (3) Multiply the difference in (2) by ninety-four dollars. | 27873 |
| (E) If a local school district, or a city or exempted village | 27874 |
| school district to which a governing board of an educational | 27875 |
| service center provides services pursuant to section 3313.843 of | 27876 |
| the Revised Code, deduct the amount of the payment required for | 27877 |
| the reimbursement of the governing board under section 3317.11 of | 27878 |
| the Revised Code. | 27879 |
| (F)(1) If the district is required to pay to or entitled to | 27880 |
| receive tuition from another school district under division (C)(2) | 27881 |
| or (3) of section 3313.64 or section 3313.65 of the Revised Code, | 27882 |
| or if the superintendent of public instruction is required to | 27883 |
| determine the correct amount of tuition and make a deduction or | 27884 |
| credit under section 3317.08 of the Revised Code, deduct and | 27885 |
| credit such amounts as provided in division (J) of section 3313.64 | 27886 |
| or section 3317.08 of the Revised Code. | 27887 |
| (2) For each child for whom the district is responsible for | 27888 |
| tuition or payment under division (A)(1) of section 3317.082 or | 27889 |
| section 3323.091 of the Revised Code, deduct the amount of tuition | 27890 |
| or payment for which the district is responsible. | 27891 |
| (G) If the district has been certified by the superintendent | 27892 |
| of public instruction under section 3313.90 of the Revised Code as | 27893 |
| not in compliance with the requirements of that section, deduct an | 27894 |
| amount equal to ten per cent of the amount computed for the | 27895 |
| district under section 3317.022 of the Revised Code. | 27896 |
| (H) If the district has received a loan from a commercial | 27897 |
| lending institution for which payments are made by the | 27898 |
| superintendent of public instruction pursuant to division (E)(3) | 27899 |
| of section 3313.483 of the Revised Code, deduct an amount equal to | 27900 |
| such payments. | 27901 |
| (I)(1) If the district is a party to an agreement entered | 27902 |
| into under division (D), (E), or (F) of section 3311.06 or | 27903 |
| division (B) of section 3311.24 of the Revised Code and is | 27904 |
| obligated to make payments to another district under such an | 27905 |
| agreement, deduct an amount equal to such payments if the district | 27906 |
| school board notifies the department in writing that it wishes to | 27907 |
| have such payments deducted. | 27908 |
| (2) If the district is entitled to receive payments from | 27909 |
| another district that has notified the department to deduct such | 27910 |
| payments under division (I)(1) of this section, add the amount of | 27911 |
| such payments. | 27912 |
| (J) If the district is required to pay an amount of funds to | 27913 |
| a cooperative education district pursuant to a provision described | 27914 |
| by division (B)(4) of section 3311.52 or division (B)(8) of | 27915 |
| section 3311.521 of the Revised Code, deduct such amounts as | 27916 |
| provided under that provision and credit those amounts to the | 27917 |
| cooperative education district for payment to the district under | 27918 |
| division (B)(1) of section 3317.19 of the Revised Code. | 27919 |
| (K)(1) If a district is educating a student entitled to | 27920 |
| attend school in another district pursuant to a shared education | 27921 |
| contract, compact, or cooperative education agreement other than | 27922 |
| an agreement entered into pursuant to section 3313.842 of the | 27923 |
| Revised Code, credit to that educating district on an FTE basis | 27924 |
| both of the following: | 27925 |
| (a) An amount equal to the greater of the following: | 27926 |
| (i) The fiscal year 2005 formula amount times the fiscal year | 27927 |
| 2005 cost of doing business factor of the school district where | 27928 |
| the student is entitled to attend school pursuant to section | 27929 |
| 3313.64 or 3313.65 of the Revised Code; | 27930 |
| (ii) The sum of (the current formula amount times the current | 27931 |
| cost-of-doing-business factor of the school district when the | 27932 |
| student is entitled to attend school pursuant to section 3313.64 | 27933 |
| or 3313.65 of the Revised Code) plus the per pupil amount of the | 27934 |
| base funding supplements specified in divisions (C)(1) to (4) of | 27935 |
| section 3317.012 of the Revised Code. | 27936 |
| (b) An amount equal to the current formula amount times the | 27937 |
| state share percentage times any multiple applicable to the | 27938 |
| student pursuant to section 3317.013 or 3317.014 of the Revised | 27939 |
| Code. | 27940 |
| (2) Deduct any amount credited pursuant to division (K)(1) of | 27941 |
| this section from amounts paid to the school district in which the | 27942 |
| student is entitled to attend school pursuant to section 3313.64 | 27943 |
| or 3313.65 of the Revised Code. | 27944 |
| (3) If the district is required by a shared education | 27945 |
| contract, compact, or cooperative education agreement to make | 27946 |
| payments to an educational service center, deduct the amounts from | 27947 |
| payments to the district and add them to the amounts paid to the | 27948 |
| service center pursuant to section 3317.11 of the Revised Code. | 27949 |
| (L)(1) If a district, including a joint vocational school | 27950 |
| district, is a lead district of a VEPD, credit to that district | 27951 |
| the amounts calculated for all the school districts within that | 27952 |
| VEPD pursuant to division (E)(2) of section 3317.022 of the | 27953 |
| Revised Code. | 27954 |
| (2) Deduct from each appropriate district that is not a lead | 27955 |
| district, the amount attributable to that district that is | 27956 |
| credited to a lead district under division (L)(1) of this section. | 27957 |
| (M) If the department pays a joint vocational school district | 27958 |
| under division (G)(4) of section 3317.16 of the Revised Code for | 27959 |
| excess costs of providing special education and related services | 27960 |
| to a handicapped student, as calculated under division (G)(2) of | 27961 |
| that section, the department shall deduct the amount of that | 27962 |
| payment from the city, local, or exempted village school district | 27963 |
| that is responsible as specified in that section for the excess | 27964 |
| costs. | 27965 |
| (N)(1) If the district reports an amount of excess cost for | 27966 |
| special education services for a child under division (C) of | 27967 |
| section 3323.14 of the Revised Code, the department shall pay that | 27968 |
| amount to the district. | 27969 |
| (2) If the district reports an amount of excess cost for | 27970 |
| special education services for a child under division (C) of | 27971 |
| section 3323.14 of the Revised Code, the department shall deduct | 27972 |
| that amount from the district of residence of that child. | 27973 |
| Sec. 3317.024. In addition to the moneys paid to eligible | 27974 |
| school districts pursuant to section 3317.022 of the Revised Code, | 27975 |
| moneys appropriated for the education programs in divisions (A) to | 27976 |
| (H), (J) to (L), (O), (P), and (R) of this section shall be | 27977 |
| distributed to school districts meeting the requirements of | 27978 |
| section 3317.01 of the Revised Code; in the case of divisions (J) | 27979 |
| and (P) of this section, to educational service centers as | 27980 |
| provided in section 3317.11 of the Revised Code; in the case of | 27981 |
| divisions (E), (M), and (N) of this section, to county MR/DD | 27982 |
| boards; in the case of division (R) of this section, to joint | 27983 |
| vocational school districts; in the case of division (K) of this | 27984 |
| section, to cooperative education school districts; and in the | 27985 |
| case of division (Q) of this section, to the institutions defined | 27986 |
| under section 3317.082 of the Revised Code providing elementary or | 27987 |
| secondary education programs to children other than children | 27988 |
| receiving special education under section 3323.091 of the Revised | 27989 |
| Code. The following shall be distributed monthly, quarterly, or | 27990 |
| annually as may be determined by the state board of education: | 27991 |
| (A) A per pupil amount to each school district that | 27992 |
| establishes a summer school remediation program that complies with | 27993 |
| rules of the state board of education. | 27994 |
| (B) An amount for each island school district and each joint | 27995 |
| state school district for the operation of each high school and | 27996 |
| each elementary school maintained within such district and for | 27997 |
| capital improvements for such schools. Such amounts shall be | 27998 |
| determined on the basis of standards adopted by the state board of | 27999 |
| education. | 28000 |
| (C) An amount for each school district operating classes for | 28001 |
| children of migrant workers who are unable to be in attendance in | 28002 |
| an Ohio school during the entire regular school year. The amounts | 28003 |
| shall be determined on the basis of standards adopted by the state | 28004 |
| board of education, except that payment shall be made only for | 28005 |
| subjects regularly offered by the school district providing the | 28006 |
| classes. | 28007 |
| (D) An amount for each school district with guidance, | 28008 |
| testing, and counseling programs approved by the state board of | 28009 |
| education. The amount shall be determined on the basis of | 28010 |
| standards adopted by the state board of education. | 28011 |
| (E) An amount for the emergency purchase of school buses as | 28012 |
| provided for in section 3317.07 of the Revised Code; | 28013 |
| (F) An amount for each school district required to pay | 28014 |
| tuition for a child in an institution maintained by the department | 28015 |
| of youth services pursuant to section 3317.082 of the Revised | 28016 |
| Code, provided the child was not included in the calculation of | 28017 |
| the district's average daily membership for the preceding school | 28018 |
| year. | 28019 |
| (G) In fiscal year 2000 only, an amount to each school | 28020 |
| district for supplemental salary allowances for each licensed | 28021 |
| employee except those licensees serving as superintendents, | 28022 |
| assistant superintendents, principals, or assistant principals, | 28023 |
| whose term of service in any year is extended beyond the term of | 28024 |
| service of regular classroom teachers, as described in section | 28025 |
| 3301.0725 of the Revised Code; | 28026 |
| (H) An amount for adult basic literacy education for each | 28027 |
| district participating in programs approved by the state board of | 28028 |
| education. The amount shall be determined on the basis of | 28029 |
| standards adopted by the state board of education. | 28030 |
| (I) Notwithstanding section 3317.01 of the Revised Code, but | 28031 |
| only until June 30, 1999, to each city, local, and exempted | 28032 |
| village school district, an amount for conducting driver education | 28033 |
| courses at high schools for which the state board of education | 28034 |
| prescribes minimum standards and to joint vocational and | 28035 |
| cooperative education school districts and educational service | 28036 |
| centers, an amount for conducting driver education courses to | 28037 |
| pupils enrolled in a high school for which the state board | 28038 |
| prescribes minimum standards. No payments shall be made under this | 28039 |
| division after June 30, 1999. | 28040 |
| (J) An amount for the approved cost of transporting | 28041 |
| 28042 | |
| attending a special education program approved by the department | 28043 |
| of education whom it is impossible or impractical to transport by | 28044 |
| regular school bus in the course of regular route transportation | 28045 |
| provided by the district or service center. No district or service | 28046 |
| center is eligible to receive a payment under this division for | 28047 |
| the cost of transporting any pupil whom it transports by regular | 28048 |
| school bus and who is included in the district's transportation | 28049 |
| ADM. The state board of education shall establish standards and | 28050 |
| guidelines for use by the department of education in determining | 28051 |
| the approved cost of such transportation for each district or | 28052 |
| service center. | 28053 |
| (K) An amount to each school district, including each | 28054 |
| cooperative education school district, pursuant to section 3313.81 | 28055 |
| of the Revised Code to assist in providing free lunches to needy | 28056 |
| children and an amount to assist needy school districts in | 28057 |
| purchasing necessary equipment for food preparation. The amounts | 28058 |
| shall be determined on the basis of rules adopted by the state | 28059 |
| board of education. | 28060 |
| (L) An amount to each school district, for each pupil | 28061 |
| attending a chartered nonpublic elementary or high school within | 28062 |
| the district. The amount shall equal the amount appropriated for | 28063 |
| the implementation of section 3317.06 of the Revised Code divided | 28064 |
| by the average daily membership in grades kindergarten through | 28065 |
| twelve in nonpublic elementary and high schools within the state | 28066 |
| as determined during the first full week in October of each school | 28067 |
| year. | 28068 |
| (M) An amount for each county MR/DD board, distributed on the | 28069 |
| basis of standards adopted by the state board of education, for | 28070 |
| the approved cost of transportation required for children | 28071 |
| attending special education programs operated by the county MR/DD | 28072 |
| board under section 3323.09 of the Revised Code; | 28073 |
| (N) An amount for each county MR/DD board, distributed on the | 28074 |
| basis of standards adopted by the state board of education, for | 28075 |
| supportive home services for preschool children; | 28076 |
| (O) An amount for each school district that establishes a | 28077 |
| mentor teacher program that complies with rules of the state board | 28078 |
| of education. No school district shall be required to establish or | 28079 |
| maintain such a program in any year unless sufficient funds are | 28080 |
| appropriated to cover the district's total costs for the program. | 28081 |
| (P) An amount to each school district or educational service | 28082 |
| center for the total number of gifted units approved pursuant to | 28083 |
| section 3317.05 of the Revised Code. The amount for each such unit | 28084 |
| shall be the sum of the minimum salary for the teacher of the | 28085 |
| unit, calculated on the basis of the teacher's training level and | 28086 |
| years of experience pursuant to the salary schedule prescribed in | 28087 |
| the version of section 3317.13 of the Revised Code in effect prior | 28088 |
| to July 1, 2001, plus fifteen per cent of that minimum salary | 28089 |
| amount, plus two thousand six hundred seventy-eight dollars. | 28090 |
| (Q) An amount to each institution defined under section | 28091 |
| 3317.082 of the Revised Code providing elementary or secondary | 28092 |
| education to children other than children receiving special | 28093 |
| education under section 3323.091 of the Revised Code. This amount | 28094 |
| for any institution in any fiscal year shall equal the total of | 28095 |
| all tuition amounts required to be paid to the institution under | 28096 |
| division (A)(1) of section 3317.082 of the Revised Code. | 28097 |
| (R) A grant to each school district and joint vocational | 28098 |
| school district that operates a "graduation, reality, and | 28099 |
| dual-role skills" (GRADS) program for pregnant and parenting | 28100 |
| students that is approved by the department. The amount of the | 28101 |
| payment shall be the district's state share percentage, as defined | 28102 |
| in section 3317.022 or 3317.16 of the Revised Code, times the | 28103 |
| GRADS personnel allowance times the full-time-equivalent number of | 28104 |
| GRADS teachers approved by the department. The GRADS personnel | 28105 |
|
allowance is
$47,555 in fiscal
years 2004 | 28106 |
| 2007. | 28107 |
| The state board of education or any other board of education | 28108 |
| or governing board may provide for any resident of a district or | 28109 |
| educational service center territory any educational service for | 28110 |
| which funds are made available to the board by the United States | 28111 |
| under the authority of public law, whether such funds come | 28112 |
| directly or indirectly from the United States or any agency or | 28113 |
| department thereof or through the state or any agency, department, | 28114 |
| or political subdivision thereof. | 28115 |
| Sec. 3317.026. (A) As used in this section, "refunded taxes" | 28116 |
| means taxes charged and payable from real and tangible personal | 28117 |
| property, including public utility property, that have been found | 28118 |
| to have been overpaid as the result of reductions in the taxable | 28119 |
| value of such property and that have been refunded, including any | 28120 |
| interest or penalty refunded with those taxes. If taxes are | 28121 |
| refunded over a period of time pursuant to division (B)(2), (3), | 28122 |
| or (4) of section 319.36 or division (C) of section 5727.471 of | 28123 |
| the Revised Code, the total amount of taxes required to be | 28124 |
| refunded, excluding any interest accruing after the day the | 28125 |
| undertaking is entered into, shall be considered to have been | 28126 |
| refunded on the day the first portion of the overpayment is paid | 28127 |
| or credited. | 28128 |
| (B) Not later than the last day of February each year, each | 28129 |
| county auditor shall certify to the tax commissioner, for each | 28130 |
| school district in the county, the amount of refunded taxes | 28131 |
| refunded in the preceding calendar year and the reductions in | 28132 |
| taxable value that resulted in those refunds, except for | 28133 |
| reductions in taxable value that previously have been reported to | 28134 |
| the tax commissioner on an abstract. If the tax commissioner | 28135 |
| determines that the amount of refunded taxes certified for a | 28136 |
| school district exceeds three per cent of the total taxes charged | 28137 |
| and payable for current expenses of the school district for the | 28138 |
| calendar year in which those taxes were refunded, the tax | 28139 |
| commissioner shall certify the reductions in taxable value that | 28140 |
| resulted in those refunds on or before the first day of June to | 28141 |
| the department of education. Upon receiving the certification by | 28142 |
| the tax commissioner, the department of education shall reduce the | 28143 |
| total taxable value of the school district, as defined in section | 28144 |
| 3317.02 of the Revised Code, by the total amount of the reductions | 28145 |
| in taxable value that resulted in those refunds for the purpose of | 28146 |
|
computing the | 28147 |
| the current
fiscal year | 28148 |
| 28149 | |
| adjustment required by this section shall be paid to the school | 28150 |
| district on
or before
the | 28151 |
| of
the | 28152 |
| If an adjustment is made under this division in the amount of | 28153 |
| state aid paid to a school district, the tax value reductions from | 28154 |
| which that adjustment results shall not be used in recomputing aid | 28155 |
| to a school district under section 3317.027 of the Revised Code. | 28156 |
| | 28157 |
| catastrophic expenditures account pursuant to division (C) of | 28158 |
| section 3316.20 of the Revised Code on the basis of the same | 28159 |
| circumstances for which an adjustment is made under this section, | 28160 |
| the amount of the adjustment shall be reduced and transferred in | 28161 |
| accordance with division (C) of section 3316.20 of the Revised | 28162 |
| Code. | 28163 |
| (D) Not later than the first day of June each year, the tax | 28164 |
| commissioner shall certify to the department of education for each | 28165 |
| school district the total of the increases in taxable value above | 28166 |
| the amount of taxable value on which tax was paid, as provided in | 28167 |
| division (B)(1) or (2) of section 5727.47 of the Revised Code, as | 28168 |
| determined by the commissioner, and for which a notification was | 28169 |
| sent pursuant to section 5727.471 of the Revised Code, in the | 28170 |
| preceding calendar year. Upon receiving the certification, the | 28171 |
| department shall increase the total taxable value, as defined in | 28172 |
| section 3317.02 of the Revised Code, of the school district by the | 28173 |
| total amount of the increase in taxable value certified by the | 28174 |
| commissioner for the school district for the purpose of computing | 28175 |
|
the school
district's
| 28176 |
| fiscal year
| 28177 |
| 28178 |
| Sec. 3317.027. On or before the fifteenth day of May of each | 28179 |
| year, the tax commissioner shall certify to the department of | 28180 |
| education: | 28181 |
| (A) The amount by which applications filed under section | 28182 |
| 5713.38 of the Revised Code or complaints filed under section | 28183 |
| 5715.19 of the Revised Code resulted in a reduction in the second | 28184 |
| preceding year's taxable value in each school district in which | 28185 |
| such a reduction occurred, and the amount by which such reduction | 28186 |
| reduced the district's taxes charged and payable for such year; | 28187 |
| and | 28188 |
| (B) The taxes charged and payable for the second preceding | 28189 |
| tax year that were remitted under section 5713.081 of the Revised | 28190 |
| Code and the taxable value against which such taxes were imposed. | 28191 |
| Upon receipt of such certifications, the department shall | 28192 |
|
recompute the | 28193 |
| 28194 | |
| 28195 | |
| value not been used in the computation made under division (A)(1) | 28196 |
| of section 3317.021 of the Revised Code and had the taxes charged | 28197 |
| and payable not been included in the certification made under | 28198 |
| division (A)(3) of such section. The
department shall | 28199 |
| calculate the amount that the remainder of the fiscal year's | 28200 |
|
payments | 28201 |
| fiscal year
| 28202 |
| payment as recomputed. The increase or decrease in the amount of | 28203 |
| aid resulting from the adjustment required under this section | 28204 |
| shall be paid to the school district on or before the thirty-first | 28205 |
| day of July of the following fiscal year. | 28206 |
| If a school district received a grant from the catastrophic | 28207 |
| expenditures account pursuant to division (C) of section 3316.20 | 28208 |
| of the Revised Code on the basis of the same circumstances for | 28209 |
| which a recomputation is made under this section, the amount of | 28210 |
| the recomputation shall be reduced and transferred in accordance | 28211 |
| with division (C) of section 3316.20 of the Revised Code. | 28212 |
| Sec. 3317.028. (A) On or before the fifteenth day of May in | 28213 |
| each calendar year prior to calendar year 2007, the tax | 28214 |
| commissioner shall determine for each school district whether the | 28215 |
| taxable value of all tangible personal property, including utility | 28216 |
| tangible personal property, subject to taxation by the district in | 28217 |
| the preceding tax year was less or greater than the taxable value | 28218 |
| of such property during the second preceding tax year. If any such | 28219 |
| decrease exceeds five per cent of the district's tangible personal | 28220 |
| property taxable value included in the total taxable value used in | 28221 |
| computing the district's
| 28222 |
| the fiscal year that ends in the current calendar year, or if any | 28223 |
| such increase exceeds five per cent of the district's total | 28224 |
| taxable value used in computing the district's
| 28225 |
| 28226 | |
| current calendar year, the tax commissioner shall certify both of | 28227 |
| the following to the department of education: | 28228 |
| (1) The taxable value of the tangible personal property | 28229 |
| increase or decrease, including utility tangible personal property | 28230 |
| increase or decrease, which shall be considered a change in | 28231 |
| valuation; | 28232 |
| (2) The decrease or increase in taxes charged and payable on | 28233 |
| such change in taxable value calculated in the same manner as in | 28234 |
| division (A)(3) of section 3317.021 of the Revised Code. | 28235 |
| (B) | 28236 |
| 28237 | |
| 28238 | |
| 28239 | |
| 28240 | |
| 28241 | |
| 28242 | |
| 28243 | |
| the fifteenth day of May in each calendar year thereafter, the tax | 28244 |
| commissioner shall determine for each school district whether the | 28245 |
| taxable value of all utility tangible personal property subject to | 28246 |
| taxation by the district in the preceding tax year was less or | 28247 |
| greater than the taxable value of such property during the second | 28248 |
| preceding tax year. If any decrease exceeds five per cent of the | 28249 |
| district's tangible personal property taxable value included in | 28250 |
| the total taxable value used in the district's state aid | 28251 |
| computation for the fiscal year that ends in the current calendar | 28252 |
| year, or if any increase exceeds five per cent of the district's | 28253 |
| total taxable value used in the district's state aid computation | 28254 |
| for the fiscal year that ends in the current calendar year, the | 28255 |
| tax commissioner shall certify both of the following to the | 28256 |
| department of education: | 28257 |
| (1) The taxable value of the utility tangible personal | 28258 |
| property increase or decrease, which shall be considered a change | 28259 |
| in valuation; | 28260 |
| (2) The decrease or increase in taxes charged and payable on | 28261 |
| such change in taxable value calculated in the same manner as in | 28262 |
| division (A)(3) of section 3317.021 of the Revised Code. | 28263 |
| (C) Upon receipt of | 28264 |
| section, the department of education shall reduce or increase by | 28265 |
| the respective amounts
certified | 28266 |
| taxes charged and payable that were used in computing the | 28267 |
| district's | 28268 |
| 28269 | |
| current calendar year and shall recompute
the | 28270 |
| payment for
such fiscal year. | 28271 |
| 28272 | |
| to one-half of the recomputed payments in lieu of the payments | 28273 |
| otherwise required
under | 28274 |
| the thirty-first day of July of the following fiscal year. | 28275 |
| (D) If a school district received a grant from the | 28276 |
| catastrophic expenditures account pursuant to division (C) of | 28277 |
| section 3316.20 of the Revised Code on the basis of the same | 28278 |
| circumstances for which a recomputation is made under this | 28279 |
| section, the amount of the recomputation shall be reduced and | 28280 |
| transferred in accordance with division (C) of section 3316.20 of | 28281 |
| the Revised Code. | 28282 |
| Sec. 3317.029. (A) As used in this section: | 28283 |
| (1)
" | 28284 |
| | 28285 |
| obtained by dividing the five-year average number of children ages | 28286 |
| five to seventeen residing in the school district and living in a | 28287 |
| family receiving assistance under the Ohio works first program or | 28288 |
| an antecedent program known as TANF or ADC, as certified or | 28289 |
| adjusted under section 3317.10 of the Revised Code, by the | 28290 |
| district's three-year average formula ADM. | 28291 |
| | 28292 |
| 28293 | |
| 28294 | |
| 28295 | |
| 28296 | |
| 28297 |
| (2)
| 28298 |
| 28299 |
| | 28300 |
| | 28301 |
| | 28302 |
| 28303 | |
| 28304 |
| | 28305 |
| 28306 | |
| 28307 | |
| 28308 |
| | 28309 |
| 28310 |
| | 28311 |
| 28312 |
| | 28313 |
| | 28314 |
| average of the total number of children ages five to seventeen | 28315 |
| years residing in the state and receiving assistance under the | 28316 |
| Ohio works first program or an antecedent program known as TANF or | 28317 |
| ADC, divided by the sum of the three-year average formula ADMs for | 28318 |
| all school districts in the state. | 28319 |
| | 28320 |
| 28321 | |
| 28322 | |
| 28323 | |
| 28324 | |
| 28325 |
| | 28326 |
| dividing the
school district's | 28327 |
| statewide | 28328 |
| | 28329 |
| 28330 |
| | 28331 |
| | 28332 |
| average number of children ages five to seventeen residing in the | 28333 |
| school district and living in a family receiving assistance under | 28334 |
| the Ohio works first program or an antecedent program known as | 28335 |
| TANF or ADC, as certified under section 3317.10 of the Revised | 28336 |
| Code; | 28337 |
| | 28338 |
| 28339 | |
| 28340 | |
| 28341 | |
| 28342 |
| | 28343 |
| reported under section 3317.03 of the Revised Code as enrolled in | 28344 |
| kindergarten, excluding any kindergarten students reported under | 28345 |
| division (B)(3)(e) or (f) of section 3317.03 of the Revised Code. | 28346 |
| | 28347 |
| amount calculated as follows: | 28348 |
| (a) Multiply the kindergarten ADM by the sum of one plus the | 28349 |
| all-day kindergarten percentage; | 28350 |
| (b) Add the number of students in grades one through three; | 28351 |
| (c) Subtract from the sum calculated under division (A)(6)(b) | 28352 |
| of this section the number of special education students in grades | 28353 |
| kindergarten through three. | 28354 |
| | 28355 |
| 28356 | |
| 28357 | |
| 28358 | |
| 28359 |
| | 28360 |
| any students reported under division (B)(3)(e) or (f) of section | 28361 |
| 3317.03 of the Revised Code. | 28362 |
| (7) "All-day kindergarten" means a kindergarten class that is | 28363 |
| in session five days per week for not less than the same number of | 28364 |
| clock hours each day as for pupils in grades one through six. | 28365 |
| | 28366 |
| percentage of a district's actual total number of students | 28367 |
| enrolled in kindergarten who are enrolled in all-day kindergarten. | 28368 |
| | 28369 |
|
means | 28370 |
| | 28371 |
| buildings in a district with percentages of students in grades | 28372 |
| kindergarten through three receiving assistance under Ohio works | 28373 |
| first at least as high as the district-wide percentage of students | 28374 |
| receiving such assistance. | 28375 |
| | 28376 |
| 28377 | |
| 28378 | |
| 28379 |
| | 28380 |
| department of job and family services under section 3317.10 of the | 28381 |
|
Revised
Code is insufficient to
determine
the
Ohio works first | 28382 |
| 28383 | |
| highest concentration of need" has the meaning given in rules that | 28384 |
| the department of education shall adopt. The rules shall base the | 28385 |
| definition of "buildings with the highest concentration of need" | 28386 |
| on family income of students in grades kindergarten through three | 28387 |
| in a manner that, to the extent possible with available data, | 28388 |
|
approximates the intent of this
division
and
division | 28389 |
| this
section to designate buildings
where the
Ohio works first | 28390 |
| 28391 | |
|
district-wide
Ohio works first | 28392 |
| (B) In addition to the amounts required to be paid to a | 28393 |
|
school district under section
3317.022 of the Revised Code, | 28394 |
| department of education shall compute and distribute to each | 28395 |
| school district | 28396 |
| greater of the following: | 28397 |
| (1) The amount the
district received in fiscal
year | 28398 |
| for disadvantaged pupil impact aid pursuant to | 28399 |
| 28400 | |
| 28401 | |
| Assembly, as amended, minus the amount deducted from the district | 28402 |
| under Section 16 of Am. Sub. S.B. 2 of the 125th General Assembly | 28403 |
| that year for payments to internet- and computer-based community | 28404 |
| schools; | 28405 |
| (2) The sum of the computations made under divisions (C) to | 28406 |
| 28407 |
| (C) A | 28408 |
| 28409 | |
| academic intervention programs, if the district's poverty index is | 28410 |
| greater than or equal to 0.25, calculated as follows: | 28411 |
| | 28412 |
| 28413 | |
| 28414 | |
| 28415 |
| | 28416 |
| 28417 | |
| 28418 | |
| 28419 |
| | 28420 |
| 28421 | |
| 28422 | |
| 28423 | |
| 28424 | |
| 28425 |
| (1) If the district's poverty index is greater than or equal | 28426 |
| to 0.25, calculate the district's level one amount for large-group | 28427 |
| academic intervention for all students as follows: | 28428 |
| (a) If the district's poverty index is greater than or equal | 28429 |
| to 0.25 but less than 0.75: | 28430 |
| 28431 |
| 28432 |
| 28433 |
| Where: | 28434 |
| (i) "Large-group intervention units" equals the district's | 28435 |
| formula ADM divided by 20; | 28436 |
| (ii) "Hourly rate" equals $20.00 in fiscal year 2006 and | 28437 |
| $20.40 in fiscal year 2007; | 28438 |
| (iii) "Level one hours" equals 25 in fiscal year 2006 and 30 | 28439 |
| in fiscal year 2007; | 28440 |
| (iv) "Phase-in percentage" equals 0.60 in fiscal year 2006 | 28441 |
| and 0.85 in fiscal year 2007. | 28442 |
| (b) If the district's poverty index is greater than or equal | 28443 |
| to 0.75: | 28444 |
| 28445 |
| 28446 |
| Where "large-group intervention units," "hourly rate," "level | 28447 |
| one hours," and "phase-in percentage" have the same meanings as in | 28448 |
| division (C)(1)(a) of this section. | 28449 |
| (2) If the district's poverty index is greater than or equal | 28450 |
| to 0.75, calculate the district's level two amount for | 28451 |
| medium-group academic intervention for impoverished students as | 28452 |
| follows: | 28453 |
| (a) If the district's poverty index is greater than or equal | 28454 |
| to 0.75 but less than 1.50: | 28455 |
| 28456 |
| 28457 |
| 28458 |
| Where: | 28459 |
| (i) "Medium group intervention units" equals the district's | 28460 |
| poverty student count divided by 10; | 28461 |
| (ii) "Hourly rate," "level one hours," and "phase-in | 28462 |
| percentage" have the same meanings as in division (C)(1)(a) of | 28463 |
| this section. | 28464 |
| (b) If the district's poverty index is greater than or equal | 28466 |
| to 1.50: | 28467 |
| 28468 |
| 28469 |
| Where: | 28470 |
| (i) "Medium group intervention units" has the same meaning as | 28471 |
| in division (C)(2)(a)(i) of this section; | 28472 |
| (ii) "Hourly rate" and "phase-in percentage" have the same | 28473 |
| meanings as in division (C)(1)(a) of this section; | 28474 |
| (iii) "Level two hours" equals 100 hours in fiscal year 2006 | 28475 |
| and 105 hours in fiscal year 2007. | 28476 |
| (3) If the district's poverty index is greater than or equal | 28477 |
| to 1.50, calculate the district's level three amount for | 28478 |
| small-group academic intervention for impoverished students as | 28479 |
| follows: | 28480 |
| (a) If the district's poverty index is greater than or equal | 28481 |
| to 1.50 but less than 2.50: | 28482 |
| 28483 |
| 28484 |
| 28485 |
| Where: | 28486 |
| (i) "Small group intervention units" equals the district's | 28487 |
| poverty student count divided by five; | 28488 |
| (ii) "Hourly rate," "level one hours," and "phase-in | 28489 |
| percentage" have the same meanings as in division (C)(1)(a) of | 28490 |
| this section; | 28491 |
| (iii) "Level three hours" equals 350 hours in fiscal year | 28492 |
| 2006 and 385 hours in fiscal year 2007. | 28493 |
| (b) If the district's poverty index is greater than or equal | 28494 |
| to 2.50: | 28495 |
| 28496 |
| 28497 |
| Where: | 28498 |
| (i) "Small group intervention units" has the same meaning as | 28499 |
| in division (C)(3)(a)(i) of this section; | 28500 |
| (ii) "Hourly rate" and "phase-in percentage" have the same | 28501 |
| meanings as in division (C)(1)(a) of this section; | 28502 |
| (iii) "Level three hours" equals 375 hours in fiscal year | 28503 |
| 2006 and 415 hours in fiscal year 2007. | 28504 |
| Any district that receives funds under division (C)(2) or (3) | 28505 |
| of this section annually shall submit to the department of | 28506 |
| education by a date established by the department a plan | 28507 |
| describing how the district will deploy those funds. The | 28508 |
| deployment measures described in that plan shall comply with any | 28509 |
| applicable spending requirements prescribed in division (J)(6) of | 28510 |
| this section or with any order issued by the superintendent of | 28511 |
| public instruction under section 3317.017 of the Revised Code. | 28512 |
| (D) A payment for all-day kindergarten if the
| 28513 |
| index of
the school district is greater
than or equal to | 28514 |
| or if the district's three-year average formula ADM exceeded | 28515 |
|
seventeen
thousand five hundred | 28516 |
| department shall make a payment under this division to any school | 28517 |
| district that, in a prior fiscal year, qualified for this payment | 28518 |
| and provided all-day kindergarten, regardless of changes to the | 28519 |
| district's poverty index. The department shall calculate the | 28520 |
| payment under this division by multiplying the all-day | 28521 |
| kindergarten percentage by the kindergarten ADM and multiplying | 28522 |
| that product by the formula amount. | 28523 |
| (E) A class-size reduction payment based on calculating the | 28524 |
| number of new teachers necessary to achieve a lower | 28525 |
| student-teacher ratio, as follows: | 28526 |
| (1) Determine or calculate a formula number of teachers per | 28527 |
|
one
thousand students based on the
| 28528 |
| school district as follows: | 28529 |
| (a) If the | 28530 |
| than
| 28531 |
| 50.0, which is the number of teachers per one thousand students at | 28532 |
| a student-teacher
ratio
of | 28533 |
| (b) If the | 28534 |
| greater than
or equal to | 28535 |
| 28536 | |
| follows: | 28537 |
| 28538 |
| 28539 |
| Where | 28540 |
|
students at a student-teacher ratio of | 28541 |
| 28542 | |
| 1.0 to a
| 28543 |
| 16.667 is the difference in the number of teachers per one | 28544 |
| thousand students at a student-teacher ratio of fifteen to one and | 28545 |
| the number of teachers per one thousand students at a | 28546 |
| student-teacher ratio of | 28547 |
| (c) If the | 28548 |
| greater than
or equal to
| 28549 |
| of teachers is 66.667, which is the number of teachers per one | 28550 |
| thousand students at a student-teacher ratio of fifteen to one. | 28551 |
| (2) Multiply the formula number of teachers determined or | 28552 |
| calculated in division (E)(1) of this section by the kindergarten | 28553 |
| through third grade ADM for the district and divide that product | 28554 |
| by one thousand; | 28555 |
| (3) Calculate the number of new teachers as follows: | 28556 |
| (a) Multiply the kindergarten through third grade ADM by | 28557 |
| 28558 | |
| students
at a student-teacher ratio of
| 28559 |
| and divide that product by one thousand; | 28560 |
| (b) Subtract the quotient obtained in division (E)(3)(a) of | 28561 |
| this section from the product in division (E)(2) of this section. | 28562 |
| (4) Multiply the greater of the difference obtained under | 28563 |
| division (E)(3) of this section or zero by the statewide average | 28564 |
|
teachers | 28565 |
| average teacher compensation" is $53,680 in fiscal year 2006 and | 28566 |
| $54,941 in fiscal year 2007, which includes an amount for the | 28567 |
| value of fringe benefits. | 28568 |
| (F) A payment for services to limited English proficient | 28569 |
| students, if the district's poverty index is greater than or equal | 28570 |
| to 1.0 and the proportion of its students who are limited English | 28571 |
| proficient, as reported in 2003 on its school district report | 28572 |
| issued under section 3302.03 of the Revised Code for the 2002-2003 | 28573 |
| school year, is greater than or equal to 2.0%, calculated as | 28574 |
| follows: | 28575 |
| (1) If the district's poverty index is greater than or equal | 28576 |
| to 1.0, but less than 1.75, determine the amount per limited | 28577 |
| English proficient student as follows: | 28578 |
| 28579 |
| (2) If the district's poverty index is greater than or equal | 28580 |
| to 1.75, the amount per limited English proficient student equals: | 28581 |
| 28582 |
| (3) Multiply the per student amount determined for the | 28583 |
| district under division (F)(1) or (2) of this section by the | 28584 |
| number of the district's limited English proficient students, | 28585 |
| times a phase-in percentage of 0.40 in fiscal year 2006 and 0.70 | 28586 |
| in fiscal year 2007. For purposes of this calculation, the number | 28587 |
| of limited English proficient students for each district shall be | 28588 |
| the number determined by the department when it calculated the | 28589 |
| district's percentage of limited English students for its school | 28590 |
| district report card issued in 2003 for the 2002-2003 school year. | 28591 |
| Not later than December 31, 2006, the department of education | 28592 |
| shall recommend to the general assembly and the director of budget | 28593 |
| and management a method of identifying the number of limited | 28594 |
| English proficient students for purposes of calculating payments | 28595 |
| under this division after fiscal year 2007. | 28596 |
| (G) A payment for professional development of teachers, if | 28597 |
| the district's poverty index is greater than or equal to 1.0, | 28598 |
| calculated as follows: | 28599 |
| (1) If the district's poverty index is greater than or equal | 28600 |
| to 1.0, but less than 1.75, determine the amount per teacher as | 28601 |
| follows: | 28602 |
| 28603 |
| (2) If the district's poverty index is greater than or equal | 28604 |
| to 1.75, the amount per teacher equals: | 28605 |
| 28606 |
| (3) Determine the number of teachers, as follows: | 28607 |
| 28608 |
| (4) Multiply the per teacher amount determined for the | 28609 |
| district under division (G)(1) or (2) of this section by the | 28610 |
| number of teachers determined under division (G)(3) of this | 28611 |
| section, times a phase-in percentage of 0.40 in fiscal year 2006 | 28612 |
| and 0.70 in fiscal year 2007. | 28613 |
| (H) A payment for dropout prevention, if the district is a | 28614 |
| big eight school district as defined in section 3314.02 of the | 28615 |
| Revised Code, calculated as follows: | 28616 |
| 28617 |
| 28618 |
| Where "phase-in percentage" equals 0.40 in fiscal year 2006 | 28619 |
| and 0.70 in fiscal year 2007. | 28620 |
| (I) An amount for community outreach, if the district is an | 28621 |
| urban school district as defined in section 3314.02 of the Revised | 28622 |
| Code, calculated as follows: | 28623 |
| 28624 |
| 28625 |
| Where "phase-in percentage" equals 0.40 in fiscal year 2006 | 28626 |
| and 0.70 in fiscal year 2007. | 28627 |
| (J) This division applies only to school districts whose
| 28628 |
| poverty index is | 28629 |
| (1) Each school district subject to this division shall first | 28630 |
| utilize funds received under this section so that, when combined | 28631 |
| with other funds of the district, sufficient funds exist to | 28632 |
| provide all-day kindergarten to at least the number of children in | 28633 |
| the district's all-day kindergarten percentage. | 28634 |
| (2) | 28635 |
| 28636 | |
| 28637 | |
| 28638 | |
| (F) of this section for one or more of the following purposes: | 28639 |
| (a) To hire teachers for limited English proficient students | 28640 |
| or other personnel to provide intervention services for those | 28641 |
| students; | 28642 |
| (b) To contract for intervention services for those students; | 28643 |
| (c) To provide other services to assist those students in | 28644 |
| passing the third-grade reading achievement test, and to provide | 28645 |
| for those students the intervention services required by section | 28646 |
| 3313.608 of the Revised Code. | 28647 |
| (3) Each school district shall use its payment under division | 28648 |
| (G) of this section for professional development of teachers or | 28649 |
| other licensed personnel providing educational services to | 28650 |
| students only in one or more of the following areas: | 28651 |
| (a) Data-based decision making; | 28652 |
| (b) Standards-based curriculum models; | 28653 |
| (c) Job-embedded professional development activities that are | 28654 |
| research-based, as defined in federal law. | 28655 |
| In addition, each district shall use the payment only to | 28656 |
| implement programs identified on a list of eligible professional | 28657 |
| development programs provided by the department of education. The | 28658 |
| department annually shall provide the list to each district | 28659 |
| receiving a payment under division (G) of this section. However, a | 28660 |
| district may apply to the department for a waiver to implement an | 28661 |
| alternative professional development program in one or more of the | 28662 |
| areas specified in divisions (J)(3)(a) to (c) of this section. If | 28663 |
| the department grants the waiver, the district may use its payment | 28664 |
| under division (G) of this section to implement the alternative | 28665 |
| program. | 28666 |
| (4) Each big eight school district shall use its payment | 28667 |
| under division (H) of this section either for preventing at-risk | 28668 |
| students from dropping out of school, for safety and security | 28669 |
| measures described in division (J)(5)(b) of this section, for | 28670 |
| academic intervention services described in division (J)(6) of | 28671 |
| this section, or for a combination of those purposes. Not later | 28672 |
| than September 1, 2005, the department of education shall provide | 28673 |
| each big eight school district with a list of dropout prevention | 28674 |
| programs that it has determined are successful. The department | 28675 |
| subsequently may update the list. Each district that elects to use | 28676 |
| its payment under division (H) of this section for dropout | 28677 |
| prevention shall use the payment only to implement a dropout | 28678 |
| prevention program specified on the department's list. However, a | 28679 |
| district may apply to the department for a waiver to implement an | 28680 |
| alternative dropout prevention program. If the department grants | 28681 |
| the waiver, the district may use its payment under division (H) of | 28682 |
| this section to implement the alternative program. | 28683 |
| (5) Each urban school district that has a poverty index | 28684 |
| greater than or equal to 1.0 shall use its payment under division | 28685 |
| (I) of this section for one or a combination of the following | 28686 |
| purposes: | 28687 |
| (a) To hire or contract for community liaison officers, | 28688 |
| attendance or truant officers, or safety and security personnel; | 28689 |
| (b) To implement programs designed to ensure that schools are | 28690 |
| free of drugs and violence and have a disciplined environment | 28691 |
| conducive to learning; | 28692 |
| (c) To implement academic intervention services described in | 28693 |
| division (J)(6) of this section. | 28694 |
| (6) Each school district with a poverty index greater than or | 28695 |
| equal to 1.0 shall use the amount of its payment under division | 28696 |
| (C) of this section, and may use any amount of its payment under | 28697 |
| division (H) or (I) of this section, for | 28698 |
| 28699 |
| | 28700 |
| 28701 | |
| 28702 |
| | 28703 |
| who have failed or are in danger of failing any of the tests | 28704 |
|
administered
pursuant to
section 3301.0710 of the Revised Code | 28705 |
| | 28706 |
| 28707 | |
| 28708 | |
| 28709 | |
| by section 3313.608 of the Revised Code. No district shall spend | 28710 |
| any portion of its payment under division (C) of this section for | 28711 |
| any other purpose. Notwithstanding any provision to the contrary | 28712 |
| in Chapter 4117. of the Revised Code, no collective bargaining | 28713 |
| agreement entered into after the effective date of this amendment | 28714 |
| shall require use of the payment for any other purpose. | 28715 |
| | 28716 |
|
permitted under division | 28717 |
| remaining funds distributed under this section to districts | 28718 |
| 28719 | |
| equal to 1.0 shall be utilized for the purpose of the third grade | 28720 |
| guarantee. The third grade guarantee consists of increasing the | 28721 |
| amount of instructional attention received per pupil in | 28722 |
| kindergarten through third grade, either by reducing the ratio of | 28723 |
| students to instructional personnel or by increasing the amount of | 28724 |
| instruction and curriculum-related activities by extending the | 28725 |
| length of the school day or the school year. | 28726 |
| School districts may implement a reduction of the ratio of | 28727 |
| students to instructional personnel through any or all of the | 28728 |
| following methods: | 28729 |
| (a) Reducing the number of students in a classroom taught by | 28730 |
| a single teacher; | 28731 |
| (b) Employing full-time educational aides or educational | 28732 |
| paraprofessionals issued a permit or license under section | 28733 |
| 3319.088 of the Revised Code; | 28734 |
| (c) Instituting a team-teaching method that will result in a | 28735 |
| lower student-teacher ratio in a classroom. | 28736 |
| Districts may extend the school day either by increasing the | 28737 |
| amount of time allocated for each class, increasing the number of | 28738 |
| classes provided per day, offering optional academic-related | 28739 |
| after-school programs, providing curriculum-related extra | 28740 |
| curricular activities, or establishing tutoring or remedial | 28741 |
| services for students who have demonstrated an educational need. | 28742 |
| In accordance with section 3319.089 of the Revised Code, a | 28743 |
| district extending the school day pursuant to this division may | 28744 |
| utilize a participant of the work experience program who has a | 28745 |
| child enrolled in a public school in that district and who is | 28746 |
| fulfilling the work requirements of that program by volunteering | 28747 |
| or working in that public school. If the work experience program | 28748 |
| participant is compensated, the school district may use the funds | 28749 |
| distributed under this section for all or part of the | 28750 |
| compensation. | 28751 |
| Districts may extend the school year either through adding | 28752 |
| regular days of instruction to the school calendar or by providing | 28753 |
| summer programs. | 28754 |
| | 28755 |
| shall not expend any funds received under division (E) of this | 28756 |
| section in any school buildings that are not buildings with the | 28757 |
| highest concentration of need, unless there is a ratio of | 28758 |
| instructional personnel to students of no more than fifteen to one | 28759 |
| in each kindergarten and first grade class in all buildings with | 28760 |
| the highest concentration of need. This division does not require | 28761 |
| that the funds used in buildings with the highest concentration of | 28762 |
| need be spent solely to reduce the ratio of instructional | 28763 |
| personnel to students in kindergarten and first grade. A school | 28764 |
| district may spend the funds in those buildings in any manner | 28765 |
|
permitted by division
| 28766 |
| spend the money in other buildings unless the fifteen-to-one ratio | 28767 |
| required by this division is attained. | 28768 |
| | 28769 |
| each school district wishing to receive any funds under division | 28770 |
| (D) of this section shall submit to the department of education an | 28771 |
| estimate of its all-day kindergarten percentage. Each district | 28772 |
| shall update its estimate throughout the fiscal year in the form | 28773 |
| and manner required by the department, and the department shall | 28774 |
| adjust payments under this section to reflect the updates. | 28775 |
| (2) Annually by the end of December, the department of | 28776 |
| education, utilizing data from the information system established | 28777 |
| under section 3301.0714 of the Revised Code and after consultation | 28778 |
| with the legislative office of education oversight, shall | 28779 |
|
determine for each school district subject to division | 28780 |
| this section whether in the preceding fiscal year the district's | 28781 |
| ratio of instructional personnel to students and its number of | 28782 |
| kindergarten students receiving all-day kindergarten appear | 28783 |
| reasonable, given the amounts of money the district received for | 28784 |
| that fiscal year pursuant to divisions (D) and (E) of this | 28785 |
| section. If the department is unable to verify from the data | 28786 |
| available that students are receiving reasonable amounts of | 28787 |
| instructional attention and all-day kindergarten, given the funds | 28788 |
| the district has received under this section and that class-size | 28789 |
| reduction funds are being used in school buildings with the | 28790 |
|
highest concentration of
need as required by division | 28791 |
| this section, the department shall conduct a more intensive | 28792 |
| investigation to ensure that funds have been expended as required | 28793 |
| by this section. The department shall file an annual report of its | 28794 |
| findings under this division with the chairpersons of the | 28795 |
| committees in each house of the general assembly dealing with | 28796 |
| finance and education. | 28797 |
| | 28798 |
| less than | 28799 |
| seventeen thousand five hundred shall first utilize funds received | 28800 |
| under this section so that, when combined with other funds of the | 28801 |
| district, sufficient funds exist to provide all-day kindergarten | 28802 |
| to at least the number of children in the district's all-day | 28803 |
|
kindergarten
percentage.
| 28804 |
| (2) Each school district with a poverty index less than 1.0 | 28805 |
| that receives a payment under division (C) of this section shall | 28806 |
| use its payment under that division in accordance with all | 28807 |
| requirements of division (J)(6) of this section. | 28808 |
| (3) Each school district with a poverty index less than 1.0 | 28809 |
| that receives a payment under division (I) of this section shall | 28810 |
| use its payment under that division for one or a combination of | 28811 |
| the following purposes: | 28812 |
| (a) To hire or contract for community liaison officers, | 28813 |
| attendance or truant officers, or safety and security personnel; | 28814 |
| (b) To implement programs designed to ensure that schools are | 28815 |
| free of drugs and violence and have a disciplined environment | 28816 |
| conducive to learning; | 28817 |
| (c) To implement academic intervention services described in | 28818 |
| division (J)(6) of this section. | 28819 |
| (4) Each school district to which division (M)(1), (2), or | 28820 |
| (3) of this section applies shall expend | 28821 |
| 28822 | |
|
district with a
| 28823 |
| 28824 | |
| section, for any of the following purposes: | 28825 |
| | 28826 |
| for remediation; | 28827 |
| | 28828 |
| | 28829 |
| through three, as described in division (J)(7) of this section; | 28830 |
| | 28831 |
| | 28832 |
| of education under division (J)(4) of this section; | 28833 |
| | 28834 |
| progress to more advanced work; | 28835 |
| | 28836 |
| | 28837 |
| | 28838 |
| or early learning programs; | 28839 |
| | 28840 |
| described by the department of education; | 28841 |
| | 28842 |
| drugs and violence and have a disciplined environment conducive to | 28843 |
| learning; | 28844 |
| | 28845 |
| of instruction, except for the necessary textbooks or electronic | 28846 |
| textbooks required to be furnished without charge pursuant to | 28847 |
| section 3329.06 of the Revised Code, to pupils living in families | 28848 |
| participating in Ohio works first in accordance with section | 28849 |
| 3313.642 of the Revised Code; | 28850 |
| | 28851 |
| 3313.813 of the Revised Code. | 28852 |
| | 28853 |
| 28854 | |
| 28855 |
| | 28856 |
| instruction determines that a school district receiving funds | 28857 |
| under division (D) of this section has enrolled less than the | 28858 |
| all-day kindergarten percentage reported for that fiscal year, the | 28859 |
| superintendent shall withhold from the funds otherwise due the | 28860 |
| district under this section a proportional amount as determined by | 28861 |
| the difference in the certified all-day kindergarten percentage | 28862 |
| and the percentage actually enrolled in all-day kindergarten. | 28863 |
| The superintendent shall also withhold an appropriate amount | 28864 |
| of funds otherwise due a district for any other misuse of funds | 28865 |
| not in accordance with this section. | 28866 |
| | 28867 |
| calculated for it under division (D) of this section to modify or | 28868 |
| purchase classroom space to provide all-day kindergarten, if both | 28869 |
| of the following conditions are met: | 28870 |
| (a) The district certifies to the department, in a manner | 28871 |
| acceptable to the department, that it has a shortage of space for | 28872 |
| providing all-day kindergarten. | 28873 |
| (b) The district provides all-day kindergarten to the number | 28874 |
| of children in the all-day kindergarten percentage it certified | 28875 |
| under this section. | 28876 |
| (2) A district may use a portion of the funds described in | 28877 |
|
division | 28878 |
| classroom space to enable it to further reduce class size in | 28879 |
| grades kindergarten through two with a goal of attaining class | 28880 |
| sizes of fifteen students per licensed teacher. To do so, the | 28881 |
| district must certify its need for additional space to the | 28882 |
| department, in a manner satisfactory to the department. | 28883 |
| Sec. 3317.0216. (A) As used in this section: | 28884 |
| (1) "Total taxes charged and payable for current expenses" | 28885 |
| means the sum of the taxes charged and payable as certified under | 28886 |
| division (A)(3)(a) of section 3317.021 of the Revised Code less | 28887 |
| any amounts reported under division (A)(3)(b) of that section, and | 28888 |
| the tax distribution for the preceding year under any school | 28889 |
| district income tax levied by the district pursuant to Chapter | 28890 |
| 5748. of the Revised Code to the extent the revenue from the | 28891 |
| income tax is allocated or apportioned to current expenses. | 28892 |
| (2) "Charge-off amount" means the product obtained by | 28893 |
| multiplying two and three-tenths per cent by recognized valuation. | 28894 |
| (3) Until fiscal year 2003, the "actual local share of | 28895 |
| special education, transportation, and vocational education | 28896 |
| funding" for any school district means the sum of the district's | 28897 |
| attributed local shares described in divisions (F)(1) to (3) of | 28898 |
| section 3317.022 of the Revised Code. Beginning in fiscal year | 28899 |
| 2003, the "actual local share of special education, | 28900 |
| transportation, and vocational education funding" means that sum | 28901 |
| minus the amount of any excess cost supplement payment calculated | 28902 |
| for the district under division (F) of section 3317.022 of the | 28903 |
| Revised Code. | 28904 |
| (4) "Current expense revenues from the tangible property tax | 28905 |
| replacement fund" means payments received from the school district | 28906 |
| tangible property tax replacement fund or the general revenue fund | 28907 |
| under section 5751.21 of the Revised Code for fixed-rate levies | 28908 |
| for current expenses and for fixed-sum levies for current | 28909 |
| expenses, including school district emergency levies under | 28910 |
| sections 5705.194 to 5705.197 of the Revised Code. | 28911 |
| (B) Upon receiving the certifications under section 3317.021 | 28912 |
| of the Revised Code, the department of education shall determine | 28913 |
| for each city, local, and exempted village school district whether | 28914 |
| the district's charge-off amount is greater than the sum of the | 28915 |
| district's total taxes charged and payable for current expenses | 28916 |
| and current expense revenues from the tangible property tax | 28917 |
| replacement fund, and if | 28918 |
| shall pay the district the amount of the difference. A payment | 28919 |
| shall not be made to any school district for which the computation | 28920 |
| under division (A) of section 3317.022 of the Revised Code equals | 28921 |
| zero. | 28922 |
| (C)(1) If a district's charge-off amount is equal to or | 28923 |
| greater than the sum of its total taxes charged and payable for | 28924 |
| current expenses and current expense revenues from the tangible | 28925 |
| property tax replacement fund, the department shall, in addition | 28926 |
| to the payment required under division (B) of this section, pay | 28927 |
| the district the amount of its actual local share of special | 28928 |
| education, transportation, and vocational education funding. | 28929 |
| (2) If a district's charge-off amount is less than the sum of | 28930 |
| its total taxes charged and payable for current expenses and | 28931 |
| current expense revenues from the tangible property tax | 28932 |
| replacement fund, the department shall pay the district any amount | 28933 |
| by which its actual local share of special education, | 28934 |
| transportation, and vocational education funding exceeds the sum | 28935 |
| of its total taxes charged and payable for current expenses and | 28936 |
| current expense revenues from the tangible property tax | 28937 |
| replacement fund minus its charge-off amount. | 28938 |
| (D) If a school district that received a payment under | 28939 |
| division (B) or (C) of this section in the prior fiscal year is | 28940 |
| ineligible for payment under those divisions in the current fiscal | 28941 |
| year, the department shall determine if the ineligibility is the | 28942 |
| result of a property tax or income tax levy approved by the | 28943 |
| district's voters to take effect in tax year 2005 or thereafter. | 28944 |
| If the department determines that is the case, and calculates that | 28945 |
| the levy causing the ineligibility exceeded by at least one mill | 28946 |
| the equivalent millage of the prior year's payment under divisions | 28947 |
| (B) and (C) of this section, the department shall make a payment | 28948 |
| to the district for the first three years that the district loses | 28949 |
| eligibility for payment under divisions (B) and (C) of this | 28950 |
| section, as follows: | 28951 |
| (1) In the first year of ineligibility, the department shall | 28952 |
| pay the district seventy-five per cent of the amount it last paid | 28953 |
| the district under divisions (B) and (C) of this section. | 28954 |
| (2) In the second year of ineligibility, the department shall | 28955 |
| pay the district fifty per cent of the amount it last paid the | 28956 |
| district under those divisions. | 28957 |
| (3) In the third year of ineligibility, the department shall | 28958 |
| pay the district twenty-five per cent of the amount it last paid | 28959 |
| the district under those divisions. | 28960 |
| (E) A district that receives payment under division (D) of | 28961 |
| this section and subsequently qualifies for payment under division | 28962 |
| (B) or (C) of this section is ineligible for future payments under | 28963 |
| division (D) of this section. | 28964 |
| Sec. 3317.0217. The department of education shall annually | 28965 |
| compute and pay state parity aid to school districts, as follows: | 28966 |
| (A) Calculate the local wealth per pupil of each school | 28967 |
| district, which equals the following sum: | 28968 |
| (1) Two-thirds times the quotient of (a) the district's | 28969 |
| recognized valuation divided by (b) its formula ADM; plus | 28970 |
| (2) One-third times the quotient of (a) the average of the | 28971 |
| total federal adjusted gross income of the school district's | 28972 |
| residents for the three years most recently reported under section | 28973 |
| 3317.021 of the Revised Code divided by (b) its formula ADM. | 28974 |
| (B) Rank all school districts in order of local wealth per | 28975 |
| pupil, from the district with the lowest local wealth per pupil to | 28976 |
| the district with the highest local wealth per pupil. | 28977 |
| (C) Compute the per pupil state parity aid funding for each | 28978 |
| school district in accordance with the following formula: | 28979 |
| 28980 |
| 28981 |
| 28982 |
| Where: | 28983 |
| (1) | 28984 |
| 28985 | |
| 28986 | |
| 28987 |
| | 28988 |
| 28989 | |
| 28990 | |
| 28991 | |
| 28992 | |
| 28993 | |
| 28994 | |
| 28995 | |
| 28996 | |
| 28997 | |
| 28998 | |
| 28999 | |
| 29000 | |
| 29001 | |
| (0.0075) is an adjustment to the original parity aid standard of | 29002 |
| nine and one-half mills, to account for the general assembly's | 29003 |
| policy decision to phase-out use of the cost-of-doing-business | 29004 |
| factor in the base cost formula. | 29005 |
| | 29006 |
| wealth per pupil of the school district with the | 29007 |
| four-hundred-ninetieth lowest local wealth per pupil. | 29008 |
| If the result of the calculation for a school district under | 29009 |
| division (C) of this section is less than zero, the district's per | 29010 |
| pupil parity aid shall be zero. | 29011 |
| (D) Compute the per pupil alternative parity aid for each | 29012 |
| school district that has a combination of an income factor of 1.0 | 29013 |
|
or less, a | 29014 |
| 2005 cost-of-doing-business factor of 1.0375 or greater, in | 29015 |
| accordance with the following formula: | 29016 |
| 29017 |
| 29018 |
| Where: | 29019 |
| (1) " | 29020 |
| 3317.029 of the Revised Code. | 29021 |
| (2) "Payment percentage," for purposes of division (D) of | 29022 |
| this section, equals 50% in fiscal year 2002 and 100% after fiscal | 29023 |
| year 2002. | 29024 |
| (E) Pay each district that has a combination of an income | 29025 |
|
factor of 1.0 or less, a | 29026 |
| a fiscal year 2005 cost-of-doing-business factor of 1.0375 or | 29027 |
| greater, the greater of the following: | 29028 |
| (1) The product of the district's per pupil parity aid | 29029 |
| calculated under division (C) of this section times its net | 29030 |
| formula ADM; | 29031 |
| (2) The product of its per pupil alternative parity aid | 29032 |
| calculated under division (D) of this section times its net | 29033 |
| formula ADM. | 29034 |
| (F) Pay every other district the product of its per pupil | 29035 |
| parity aid calculated under division (C) of this section times its | 29036 |
| net formula ADM. | 29037 |
| (G) As used in divisions (E) and (F) of this section, "net | 29038 |
| formula ADM" means formula ADM minus the number of internet- and | 29039 |
| computer-based community school students and scholarship students | 29040 |
| reported under divisions (B)(3)(e) and (f) of section 3317.03 of | 29041 |
| the Revised Code. | 29042 |
| Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and | 29043 |
| (C) of this section, any student enrolled in kindergarten more | 29044 |
| than half time shall be reported as one-half student under this | 29045 |
| section. | 29046 |
| (A) The superintendent of each city and exempted village | 29047 |
| school district and of each educational service center shall, for | 29048 |
| the schools under the superintendent's supervision, certify to the | 29049 |
| state board of education on or before the fifteenth day of October | 29050 |
| in each year for the first full school week in October the formula | 29051 |
| ADM, which shall consist of the average daily membership during | 29052 |
| such week of the sum of the following: | 29053 |
| (1) On an FTE basis, the number of students in grades | 29054 |
| kindergarten through twelve receiving any educational services | 29055 |
| from the district, except that the following categories of | 29056 |
| students shall not be included in the determination: | 29057 |
| (a) Students enrolled in adult education classes; | 29058 |
| (b) Adjacent or other district students enrolled in the | 29059 |
| district under an open enrollment policy pursuant to section | 29060 |
| 3313.98 of the Revised Code; | 29061 |
| (c) Students receiving services in the district pursuant to a | 29062 |
| compact, cooperative education agreement, or a contract, but who | 29063 |
| are entitled to attend school in another district pursuant to | 29064 |
| section 3313.64 or 3313.65 of the Revised Code; | 29065 |
| (d) Students for whom tuition is payable pursuant to sections | 29066 |
| 3317.081 and 3323.141 of the Revised Code. | 29067 |
| (2) On an FTE basis, the number of students entitled to | 29068 |
| attend school in the district pursuant to section 3313.64 or | 29069 |
| 3313.65 of the Revised Code, but receiving educational services in | 29070 |
| grades kindergarten through twelve from one or more of the | 29071 |
| following entities: | 29072 |
| (a) A community school pursuant to Chapter 3314. of the | 29073 |
| Revised Code, including any participation in a college pursuant to | 29074 |
| Chapter 3365. of the Revised Code while enrolled in such community | 29075 |
| school; | 29076 |
| (b) An alternative school pursuant to sections 3313.974 to | 29077 |
| 3313.979 of the Revised Code as described in division (I)(2)(a) or | 29078 |
| (b) of this section; | 29079 |
| (c) A college pursuant to Chapter 3365. of the Revised Code, | 29080 |
| except when the student is enrolled in the college while also | 29081 |
| enrolled in a community school pursuant to Chapter 3314. of the | 29082 |
| Revised Code; | 29083 |
| (d) An adjacent or other school district under an open | 29084 |
| enrollment policy adopted pursuant to section 3313.98 of the | 29085 |
| Revised Code; | 29086 |
| (e) An educational service center or cooperative education | 29087 |
| district; | 29088 |
| (f) Another school district under a cooperative education | 29089 |
| agreement, compact, or contract; | 29090 |
| (g) A chartered nonpublic school with a scholarship paid | 29091 |
| under section 3310.08 of the Revised Code. | 29092 |
| (3) Twenty per cent of the number of students enrolled in a | 29093 |
| joint vocational school district or under a vocational education | 29094 |
| compact, excluding any students entitled to attend school in the | 29095 |
| district under section 3313.64 or 3313.65 of the Revised Code who | 29096 |
| are enrolled in another school district through an open enrollment | 29097 |
| policy as reported under division (A)(2)(d) of this section and | 29098 |
| then enroll in a joint vocational school district or under a | 29099 |
| vocational education compact; | 29100 |
| (4) The number of handicapped children, other than | 29101 |
| handicapped preschool children, entitled to attend school in the | 29102 |
| district pursuant to section 3313.64 or 3313.65 of the Revised | 29103 |
| Code who are placed with a county MR/DD board, minus the number of | 29104 |
| such children placed with a county MR/DD board in fiscal year | 29105 |
| 1998. If this calculation produces a negative number, the number | 29106 |
| reported under division (A)(4) of this section shall be zero. | 29107 |
| (B) To enable the department of education to obtain the data | 29108 |
| needed to complete the calculation of payments pursuant to this | 29109 |
| chapter, in addition to the formula ADM, each superintendent shall | 29110 |
| report separately the following student counts for the same week | 29111 |
| for which formula ADM is certified: | 29112 |
| (1) The total average daily membership in regular day classes | 29113 |
| included in the report under division (A)(1) or (2) of this | 29114 |
| section for kindergarten, and each of grades one through twelve in | 29115 |
| schools under the superintendent's supervision; | 29116 |
| (2) The number of all handicapped preschool children enrolled | 29117 |
| as of the first day of December in classes in the district that | 29118 |
| are eligible for approval under division (B) of section 3317.05 of | 29119 |
| the Revised Code and the number of those classes, which shall be | 29120 |
| reported not later than the fifteenth day of December, in | 29121 |
| accordance with rules adopted under that section; | 29122 |
| (3) The number of children entitled to attend school in the | 29123 |
| district pursuant to section 3313.64 or 3313.65 of the Revised | 29124 |
|
Code who are | 29125 |
| (a) Participating in a pilot project scholarship program | 29126 |
| established under sections 3313.974 to 3313.979 of the Revised | 29127 |
|
Code as described in division
(I)(2)(a) or (b) of this section | 29128 |
| 29129 |
| (b) Enrolled in a college under Chapter 3365. of the Revised | 29130 |
| Code, except when the student is enrolled in the college while | 29131 |
| also enrolled in a community school pursuant to Chapter 3314. of | 29132 |
| the
Revised Code | 29133 |
| (c) Enrolled in an adjacent or other school district under | 29134 |
| section 3313.98 of the Revised Code | 29135 |
| (d) Enrolled in a community school established under Chapter | 29136 |
| 3314. of the Revised Code that is not an internet- or | 29137 |
| computer-based community school as defined in section 3314.02 of | 29138 |
| the Revised Code, including any participation in a college | 29139 |
| pursuant to Chapter 3365. of the Revised Code while enrolled in | 29140 |
| such community
school | 29141 |
| (e) Enrolled in an internet- or computer-based community | 29142 |
| school, as defined in section 3314.02 of the Revised Code, | 29143 |
| including any participation in a college pursuant to Chapter 3365. | 29144 |
| of the Revised Code while enrolled in the school; | 29145 |
| (f) Enrolled in a chartered nonpublic school with a | 29146 |
| scholarship paid under section 3310.08 of the Revised Code; | 29147 |
| (g) Participating in a program operated by a county MR/DD | 29148 |
| board or a state institution; | 29149 |
| (4) The number of pupils enrolled in joint vocational | 29150 |
| schools; | 29151 |
| (5) The average daily membership of handicapped children | 29152 |
| reported under division (A)(1) or (2) of this section receiving | 29153 |
| special education services for the category one handicap described | 29154 |
| in division (A) of section 3317.013 of the Revised Code; | 29155 |
| (6) The average daily membership of handicapped children | 29156 |
| reported under division (A)(1) or (2) of this section receiving | 29157 |
| special education services for category two handicaps described in | 29158 |
| division (B) of section 3317.013 of the Revised Code; | 29159 |
| (7) The average daily membership of handicapped children | 29160 |
| reported under division (A)(1) or (2) of this section receiving | 29161 |
| special education services for category three handicaps described | 29162 |
| in division (C) of section 3317.013 of the Revised Code; | 29163 |
| (8) The average daily membership of handicapped children | 29164 |
| reported under division (A)(1) or (2) of this section receiving | 29165 |
| special education services for category four handicaps described | 29166 |
| in division (D) of section 3317.013 of the Revised Code; | 29167 |
| (9) The average daily membership of handicapped children | 29168 |
| reported under division (A)(1) or (2) of this section receiving | 29169 |
| special education services for the category five handicap | 29170 |
| described in division (E) of section 3317.013 of the Revised Code; | 29171 |
| (10) The average daily membership of handicapped children | 29172 |
| reported under division (A)(1) or (2) of this section receiving | 29173 |
| special education services for category six handicaps described in | 29174 |
| division (F) of section 3317.013 of the Revised Code; | 29175 |
| (11) The average daily membership of pupils reported under | 29176 |
| division (A)(1) or (2) of this section enrolled in category one | 29177 |
| vocational education programs or classes, described in division | 29178 |
| (A) of section 3317.014 of the Revised Code, operated by the | 29179 |
| school district or by another district, other than a joint | 29180 |
| vocational school district, or by an educational service center, | 29181 |
| excluding any student reported under division (B)(3)(e) of this | 29182 |
| section as enrolled in an internet- or computer-based community | 29183 |
| school, notwithstanding division (C) of section 3317.02 of the | 29184 |
| Revised Code and division (C)(3) of this section; | 29185 |
| (12) The average daily membership of pupils reported under | 29186 |
| division (A)(1) or (2) of this section enrolled in category two | 29187 |
| vocational education programs or services, described in division | 29188 |
| (B) of section 3317.014 of the Revised Code, operated by the | 29189 |
| school district or another school district, other than a joint | 29190 |
| vocational school district, or by an educational service center, | 29191 |
| excluding any student reported under division (B)(3)(e) of this | 29192 |
| section as enrolled in an internet- or computer-based community | 29193 |
| school, notwithstanding division (C) of section 3317.02 of the | 29194 |
| Revised Code and division (C)(3) of this section; | 29195 |
| (13) The average number of children transported by the school | 29196 |
| district on board-owned or contractor-owned and -operated buses, | 29197 |
| reported in accordance with rules adopted by the department of | 29198 |
| education; | 29199 |
| (14)(a) The number of children, other than handicapped | 29200 |
| preschool children, the district placed with a county MR/DD board | 29201 |
| in fiscal year 1998; | 29202 |
| (b) The number of handicapped children, other than | 29203 |
| handicapped preschool children, placed with a county MR/DD board | 29204 |
| in the current fiscal year to receive special education services | 29205 |
| for the category one handicap described in division (A) of section | 29206 |
| 3317.013 of the Revised Code; | 29207 |
| (c) The number of handicapped children, other than | 29208 |
| handicapped preschool children, placed with a county MR/DD board | 29209 |
| in the current fiscal year to receive special education services | 29210 |
| for category two handicaps described in division (B) of section | 29211 |
| 3317.013 of the Revised Code; | 29212 |
| (d) The number of handicapped children, other than | 29213 |
| handicapped preschool children, placed with a county MR/DD board | 29214 |
| in the current fiscal year to receive special education services | 29215 |
| for category three handicaps described in division (C) of section | 29216 |
| 3317.013 of the Revised Code; | 29217 |
| (e) The number of handicapped children, other than | 29218 |
| handicapped preschool children, placed with a county MR/DD board | 29219 |
| in the current fiscal year to receive special education services | 29220 |
| for category four handicaps described in division (D) of section | 29221 |
| 3317.013 of the Revised Code; | 29222 |
| (f) The number of handicapped children, other than | 29223 |
| handicapped preschool children, placed with a county MR/DD board | 29224 |
| in the current fiscal year to receive special education services | 29225 |
| for the category five handicap described in division (E) of | 29226 |
| section 3317.013 of the Revised Code; | 29227 |
| (g) The number of handicapped children, other than | 29228 |
| handicapped preschool children, placed with a county MR/DD board | 29229 |
| in the current fiscal year to receive special education services | 29230 |
| for category six handicaps described in division (F) of section | 29231 |
| 3317.013 of the Revised Code. | 29232 |
| (C)(1) Except as otherwise provided in this section for | 29233 |
| kindergarten students, the average daily membership in divisions | 29234 |
| (B)(1) to (12) of this section shall be based upon the number of | 29235 |
| full-time equivalent students. The state board of education shall | 29236 |
| adopt rules defining full-time equivalent students and for | 29237 |
| determining the average daily membership therefrom for the | 29238 |
| purposes of divisions (A), (B), and (D) of this section. | 29239 |
| (2) A student enrolled in a community school established | 29240 |
| under Chapter 3314. of the Revised Code shall be counted in the | 29241 |
| formula ADM and, if applicable, the category one, two, three, | 29242 |
| four, five, or six special education ADM of the school district in | 29243 |
| which the student is entitled to attend school under section | 29244 |
| 3313.64 or 3313.65 of the Revised Code for the same proportion of | 29245 |
| the school year that the student is counted in the enrollment of | 29246 |
| the community school for purposes of section 3314.08 of the | 29247 |
| Revised Code. | 29248 |
| (3) No child shall be counted as more than a total of one | 29249 |
| child in the sum of the average daily memberships of a school | 29250 |
| district under division (A), divisions (B)(1) to (12), or division | 29251 |
| (D) of this section, except as follows: | 29252 |
| (a) A child with a handicap described in section 3317.013 of | 29253 |
| the Revised Code may be counted both in formula ADM and in | 29254 |
| category one, two, three, four, five, or six special education ADM | 29255 |
| and, if applicable, in category one or two vocational education | 29256 |
| ADM. As provided in division (C) of section 3317.02 of the Revised | 29257 |
| Code, such a child shall be counted in category one, two, three, | 29258 |
| four, five, or six special education ADM in the same proportion | 29259 |
| that the child is counted in formula ADM. | 29260 |
| (b) A child enrolled in vocational education programs or | 29261 |
| classes described in section 3317.014 of the Revised Code may be | 29262 |
| counted both in formula ADM and category one or two vocational | 29263 |
| education ADM and, if applicable, in category one, two, three, | 29264 |
| four, five, or six special education ADM. Such a child shall be | 29265 |
| counted in category one or two vocational education ADM in the | 29266 |
| same proportion as the percentage of time that the child spends in | 29267 |
| the vocational education programs or classes. | 29268 |
| (4) Based on the information reported under this section, the | 29269 |
| department of education shall determine the total student count, | 29270 |
| as defined in section 3301.011 of the Revised Code, for each | 29271 |
| school district. | 29272 |
| (D)(1) The superintendent of each joint vocational school | 29273 |
| district shall certify to the superintendent of public instruction | 29274 |
| on or before the fifteenth day of October in each year for the | 29275 |
| first full school week in October the formula ADM, which, except | 29276 |
| as otherwise provided in this division, shall consist of the | 29277 |
| average daily membership during such week, on an FTE basis, of the | 29278 |
| number of students receiving any educational services from the | 29279 |
| district, including students enrolled in a community school | 29280 |
| established under Chapter 3314. of the Revised Code who are | 29281 |
| attending the joint vocational district under an agreement between | 29282 |
| the district board of education and the governing authority of the | 29283 |
| community school and are entitled to attend school in a city, | 29284 |
| local, or exempted village school district whose territory is part | 29285 |
| of the territory of the joint vocational district. | 29286 |
| The following categories of students shall not be included in | 29287 |
| the determination made under division (D)(1) of this section: | 29288 |
| (a) Students enrolled in adult education classes; | 29289 |
| (b) Adjacent or other district joint vocational students | 29290 |
| enrolled in the district under an open enrollment policy pursuant | 29291 |
| to section 3313.98 of the Revised Code; | 29292 |
| (c) Students receiving services in the district pursuant to a | 29293 |
| compact, cooperative education agreement, or a contract, but who | 29294 |
| are entitled to attend school in a city, local, or exempted | 29295 |
| village school district whose territory is not part of the | 29296 |
| territory of the joint vocational district; | 29297 |
| (d) Students for whom tuition is payable pursuant to sections | 29298 |
| 3317.081 and 3323.141 of the Revised Code. | 29299 |
| (2) To enable the department of education to obtain the data | 29300 |
| needed to complete the calculation of payments pursuant to this | 29301 |
| chapter, in addition to the formula ADM, each superintendent shall | 29302 |
| report separately the average daily membership included in the | 29303 |
| report under division (D)(1) of this section for each of the | 29304 |
| following categories of students for the same week for which | 29305 |
| formula ADM is certified: | 29306 |
| (a) Students enrolled in each grade included in the joint | 29307 |
| vocational district schools; | 29308 |
| (b) Handicapped children receiving special education services | 29309 |
| for the category one handicap described in division (A) of section | 29310 |
| 3317.013 of the Revised Code; | 29311 |
| (c) Handicapped children receiving special education services | 29312 |
| for the category two handicaps described in division (B) of | 29313 |
| section 3317.013 of the Revised Code; | 29314 |
| (d) Handicapped children receiving special education services | 29315 |
| for category three handicaps described in division (C) of section | 29316 |
| 3317.013 of the Revised Code; | 29317 |
| (e) Handicapped children receiving special education services | 29318 |
| for category four handicaps described in division (D) of section | 29319 |
| 3317.013 of the Revised Code; | 29320 |
| (f) Handicapped children receiving special education services | 29321 |
| for the category five handicap described in division (E) of | 29322 |
| section 3317.013 of the Revised Code; | 29323 |
| (g) Handicapped children receiving special education services | 29324 |
| for category six handicaps described in division (F) of section | 29325 |
| 3317.013 of the Revised Code; | 29326 |
| (h) Students receiving category one vocational education | 29327 |
| services, described in division (A) of section 3317.014 of the | 29328 |
| Revised Code; | 29329 |
| (i) Students receiving category two vocational education | 29330 |
| services, described in division (B) of section 3317.014 of the | 29331 |
| Revised Code. | 29332 |
| The superintendent of each joint vocational school district | 29333 |
| shall also indicate the city, local, or exempted village school | 29334 |
| district in which each joint vocational district pupil is entitled | 29335 |
| to attend school pursuant to section 3313.64 or 3313.65 of the | 29336 |
| Revised Code. | 29337 |
| (E) In each school of each city, local, exempted village, | 29338 |
| joint vocational, and cooperative education school district there | 29339 |
| shall be maintained a record of school membership, which record | 29340 |
| shall accurately show, for each day the school is in session, the | 29341 |
| actual membership enrolled in regular day classes. For the purpose | 29342 |
| of determining average daily membership, the membership figure of | 29343 |
| any school shall not include any pupils except those pupils | 29344 |
| described by division (A) of this section. The record of | 29345 |
| membership for each school shall be maintained in such manner that | 29346 |
| no pupil shall be counted as in membership prior to the actual | 29347 |
| date of entry in the school and also in such manner that where for | 29348 |
| any cause a pupil permanently withdraws from the school that pupil | 29349 |
| shall not be counted as in membership from and after the date of | 29350 |
| such withdrawal. There shall not be included in the membership of | 29351 |
| any school any of the following: | 29352 |
| (1) Any pupil who has graduated from the twelfth grade of a | 29353 |
| public high school; | 29354 |
| (2) Any pupil who is not a resident of the state; | 29355 |
| (3) Any pupil who was enrolled in the schools of the district | 29356 |
| during the previous school year when tests were administered under | 29357 |
| section 3301.0711 of the Revised Code but did not take one or more | 29358 |
| of the tests required by that section and was not excused pursuant | 29359 |
| to division (C)(1) or (3) of that section; | 29360 |
| (4) Any pupil who has attained the age of twenty-two years, | 29361 |
| except for veterans of the armed services whose attendance was | 29362 |
| interrupted before completing the recognized twelve-year course of | 29363 |
| the public schools by reason of induction or enlistment in the | 29364 |
| armed forces and who apply for reenrollment in the public school | 29365 |
| system of their residence not later than four years after | 29366 |
| termination of war or their honorable discharge. | 29367 |
| If, however, any veteran described by division (E)(4) of this | 29368 |
| section elects to enroll in special courses organized for veterans | 29369 |
| for whom tuition is paid under the provisions of federal laws, or | 29370 |
| otherwise, that veteran shall not be included in average daily | 29371 |
| membership. | 29372 |
| Notwithstanding division (E)(3) of this section, the | 29373 |
| membership of any school may include a pupil who did not take a | 29374 |
| test required by section 3301.0711 of the Revised Code if the | 29375 |
| superintendent of public instruction grants a waiver from the | 29376 |
| requirement to take the test to the specific pupil. The | 29377 |
| superintendent may grant such a waiver only for good cause in | 29378 |
| accordance with rules adopted by the state board of education. | 29379 |
| Except as provided in divisions (B)(2) and (F) of this | 29380 |
| section, the average daily membership figure of any local, city, | 29381 |
| exempted village, or joint vocational school district shall be | 29382 |
| determined by dividing the figure representing the sum of the | 29383 |
| number of pupils enrolled during each day the school of attendance | 29384 |
|
is
actually open for
instruction during the | 29385 |
| 29386 | |
| total number of days the school was actually open for instruction | 29387 |
| during that week. For purposes of state funding, "enrolled" | 29388 |
| persons are only those pupils who are attending school, those who | 29389 |
| have attended school during the current school year and are absent | 29390 |
| for authorized reasons, and those handicapped children currently | 29391 |
| receiving home instruction. | 29392 |
| The average daily membership figure of any cooperative | 29393 |
| education school district shall be determined in accordance with | 29394 |
| rules adopted by the state board of education. | 29395 |
| (F)(1) If the formula ADM for the first full school week in | 29396 |
| February is at least three per cent greater than that certified | 29397 |
| for the first full school week in the preceding October, the | 29398 |
| superintendent of schools of any city, exempted village, or joint | 29399 |
| vocational school district or educational service center shall | 29400 |
| certify such increase to the superintendent of public instruction. | 29401 |
| Such certification shall be submitted no later than the fifteenth | 29402 |
| day of February. For the balance of the fiscal year, beginning | 29403 |
| with the February payments, the superintendent of public | 29404 |
| instruction shall use the increased formula ADM in calculating or | 29405 |
| recalculating the amounts to be allocated in accordance with | 29406 |
| section 3317.022 or 3317.16 of the Revised Code. In no event shall | 29407 |
| the superintendent use an increased membership certified to the | 29408 |
| superintendent after the fifteenth day of February. | 29409 |
| (2) If on the first school day of April the total number of | 29410 |
| classes or units for handicapped preschool children that are | 29411 |
| eligible for approval under division (B) of section 3317.05 of the | 29412 |
| Revised Code exceeds the number of units that have been approved | 29413 |
| for the year under that division, the superintendent of schools of | 29414 |
| any city, exempted village, or cooperative education school | 29415 |
| district or educational service center shall make the | 29416 |
| certifications required by this section for that day. If the | 29417 |
| department determines additional units can be approved for the | 29418 |
| fiscal year within any limitations set forth in the acts | 29419 |
| appropriating moneys for the funding of such units, the department | 29420 |
| shall approve additional units for the fiscal year on the basis of | 29421 |
| such average daily membership. For each unit so approved, the | 29422 |
| department shall pay an amount computed in the manner prescribed | 29423 |
| in section 3317.052 or 3317.19 and section 3317.053 of the Revised | 29424 |
| Code. | 29425 |
| (3) If a student attending a community school under Chapter | 29426 |
| 3314. of the Revised Code is not included in the formula ADM | 29427 |
| certified for the first full school week of October for the school | 29428 |
| district in which the student is entitled to attend school under | 29429 |
| section 3313.64 or 3313.65 of the Revised Code, the department of | 29430 |
| education shall adjust the formula ADM of that school district to | 29431 |
| include the community school student in accordance with division | 29432 |
| (C)(2) of this section, and shall recalculate the school | 29433 |
| district's payments under this chapter for the entire fiscal year | 29434 |
| on the basis of that adjusted formula ADM. This requirement | 29435 |
| applies regardless of whether the student was enrolled, as defined | 29436 |
| in division (E) of this section, in the community school during | 29437 |
| the first full school week in October. | 29438 |
| (G)(1) | 29439 |
| special education program pursuant to section 3323.091 of the | 29440 |
| Revised Code shall, for the programs under such superintendent's | 29441 |
|
supervision,
certify to the state board of education | 29442 |
| manner prescribed by the superintendent of public instruction, | 29443 |
| both of the following: | 29444 |
| (a) The average daily membership of all handicapped children | 29445 |
| other than handicapped preschool children receiving services at | 29446 |
| the institution for each category of handicap described in | 29447 |
| divisions (A) to (F) of section 3317.013 of the Revised Code; | 29448 |
| (b) The average daily membership of all handicapped preschool | 29449 |
| children in classes or programs approved annually by the | 29450 |
| department of education | 29451 |
| 29452 | |
| section 3317.05 of the Revised Code. | 29453 |
| | 29454 |
| 29455 | |
| 29456 | |
| 29457 | |
| 29458 | |
| 29459 |
| (2) The superintendent of each county MR/DD board that | 29460 |
| maintains special education classes under section 3317.20 of the | 29461 |
| Revised Code or units approved pursuant to section 3317.05 of the | 29462 |
| Revised Code shall do both of the following: | 29463 |
| (a) Certify to the state board, in the manner prescribed by | 29464 |
| the board, the average daily membership in classes under section | 29465 |
| 3317.20 of the Revised Code for each school district that has | 29466 |
| placed children in the classes; | 29467 |
| (b) Certify to the state board, in the manner prescribed by | 29468 |
| the board, the number of all handicapped preschool children | 29469 |
| enrolled as of the first day of December in classes eligible for | 29470 |
| approval under division (B) of section 3317.05 of the Revised | 29471 |
| Code, and the number of those classes. | 29472 |
| (3)(a) If on the first school day of April the number of | 29473 |
| classes or units maintained for handicapped preschool children by | 29474 |
| the county MR/DD board that are eligible for approval under | 29475 |
| division (B) of section 3317.05 of the Revised Code is greater | 29476 |
| than the number of units approved for the year under that | 29477 |
| division, the superintendent shall make the certification required | 29478 |
| by this section for that day. | 29479 |
| (b) If the department determines that additional classes or | 29480 |
| units can be approved for the fiscal year within any limitations | 29481 |
| set forth in the acts appropriating moneys for the funding of the | 29482 |
| classes and units described in division (G)(3)(a) of this section, | 29483 |
| the department shall approve and fund additional units for the | 29484 |
| fiscal year on the basis of such average daily membership. For | 29485 |
| each unit so approved, the department shall pay an amount computed | 29486 |
| in the manner prescribed in sections 3317.052 and 3317.053 of the | 29487 |
| Revised Code. | 29488 |
| (H) Except as provided in division (I) of this section, when | 29489 |
| any city, local, or exempted village school district provides | 29490 |
| instruction for a nonresident pupil whose attendance is | 29491 |
| unauthorized attendance as defined in section 3327.06 of the | 29492 |
| Revised Code, that pupil's membership shall not be included in | 29493 |
| that district's membership figure used in the calculation of that | 29494 |
| district's formula ADM or included in the determination of any | 29495 |
| unit approved for the district under section 3317.05 of the | 29496 |
| Revised Code. The reporting official shall report separately the | 29497 |
| average daily membership of all pupils whose attendance in the | 29498 |
| district is unauthorized attendance, and the membership of each | 29499 |
| such pupil shall be credited to the school district in which the | 29500 |
| pupil is entitled to attend school under division (B) of section | 29501 |
| 3313.64 or section 3313.65 of the Revised Code as determined by | 29502 |
| the department of education. | 29503 |
| (I)(1) A city, local, exempted village, or joint vocational | 29504 |
| school district admitting a scholarship student of a pilot project | 29505 |
| district pursuant to division (C) of section 3313.976 of the | 29506 |
| Revised Code may count such student in its average daily | 29507 |
| membership. | 29508 |
| (2) In any year for which funds are appropriated for pilot | 29509 |
| project scholarship programs, a school district implementing a | 29510 |
| state-sponsored pilot project scholarship program that year | 29511 |
| pursuant to sections 3313.974 to 3313.979 of the Revised Code may | 29512 |
| count in average daily membership: | 29513 |
| (a) All children residing in the district and utilizing a | 29514 |
| scholarship to attend kindergarten in any alternative school, as | 29515 |
| defined in section 3313.974 of the Revised Code; | 29516 |
| (b) All children who were enrolled in the district in the | 29517 |
| preceding year who are utilizing a scholarship to attend any such | 29518 |
| alternative school. | 29519 |
| (J) The superintendent of each cooperative education school | 29520 |
| district shall certify to the superintendent of public | 29521 |
| instruction, in a manner prescribed by the state board of | 29522 |
| education, the applicable average daily memberships for all | 29523 |
| students in the cooperative education district, also indicating | 29524 |
| the city, local, or exempted village district where each pupil is | 29525 |
| entitled to attend school under section 3313.64 or 3313.65 of the | 29526 |
| Revised Code. | 29527 |
| Sec. 3317.031. A membership record shall be kept by grade | 29528 |
| level in each city, local, exempted village, joint vocational, and | 29529 |
| cooperative education school district and such a record shall be | 29530 |
| kept by grade level in each educational service center that | 29531 |
| provides academic instruction to pupils, classes for handicapped | 29532 |
| pupils, or any other direct instructional services to pupils. Such | 29533 |
| membership record shall show the following information for each | 29534 |
| pupil enrolled: Name, date of birth, name of parent, date entered | 29535 |
| school, date withdrawn from school, days present, days absent, and | 29536 |
| the number of days school was open for instruction while the pupil | 29537 |
| was enrolled. At the end of the school year this membership record | 29538 |
| shall show the total days present, the total days absent, and the | 29539 |
| total days due for all pupils in each grade. Such membership | 29540 |
| record shall show the pupils that are transported to and from | 29541 |
| school and it shall also show the pupils that are transported | 29542 |
| living within one mile of the school attended. This membership | 29543 |
| record shall also show any other information prescribed by the | 29544 |
| state board of education. | 29545 |
| This membership record shall be kept intact for at least five | 29546 |
| years and shall be made available to the state board of education | 29547 |
| or its representative in making an audit of the average daily | 29548 |
| membership or the transportation of the district or educational | 29549 |
| service center. The membership records of local school districts | 29550 |
| shall be filed at the close of each school year in the office of | 29551 |
| the educational service center superintendent. | 29552 |
| The state board of education may withhold any money due any | 29553 |
| school district or educational service center under sections | 29554 |
| 3317.022
to | 29555 |
| 3317.19 of the Revised Code until it has satisfactory evidence | 29556 |
| that the board of education or educational service center | 29557 |
| governing board has fully complied with all of the provisions of | 29558 |
| this section. | 29559 |
| Nothing in this section shall require any person to release, | 29560 |
| or to permit access to, public school records in violation of | 29561 |
| section 3319.321 of the Revised Code. | 29562 |
| Sec. 3317.05. (A) | 29563 |
| assign units under this division until July 1, 2005. | 29564 |
| For the purpose of calculating payments under sections | 29565 |
| 3317.052 and 3317.053 of the Revised Code, the department of | 29566 |
| education shall determine for each institution, by the last day of | 29567 |
| January of each year and based on information certified under | 29568 |
| section 3317.03 of the Revised Code, the number of vocational | 29569 |
| education units or fractions of units approved by the department | 29570 |
| on the basis of standards and rules adopted by the state board of | 29571 |
| education. As used in this division, "institution" means an | 29572 |
| institution operated by a department specified in section 3323.091 | 29573 |
| of the Revised Code and that provides vocational education | 29574 |
| programs under the supervision of the division of vocational | 29575 |
| education of the department that meet the standards and rules for | 29576 |
| these programs, including licensure of professional staff involved | 29577 |
| in the programs, as established by the state board. | 29578 |
| (B) For the purpose of calculating payments under sections | 29579 |
| 3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the | 29580 |
| department shall determine, based on information certified under | 29581 |
| section 3317.03 of the Revised Code, the following by the last day | 29582 |
| of January of each year for each educational service center, for | 29583 |
| each school district, including each cooperative education school | 29584 |
| district, for each institution eligible for payment under section | 29585 |
| 3323.091 of the Revised Code, and for each county MR/DD board: the | 29586 |
| number of classes operated by the school district, service center, | 29587 |
| institution, or county MR/DD board for handicapped preschool | 29588 |
| children, or fraction thereof, including in the case of a district | 29589 |
| or service center that is a funding agent, classes taught by a | 29590 |
| licensed teacher employed by that district or service center under | 29591 |
| section 3313.841 of the Revised Code, approved annually by the | 29592 |
| department on the basis of standards and rules adopted by the | 29593 |
| state board. | 29594 |
| (C) For the purpose of calculating payments under sections | 29595 |
| 3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the | 29596 |
| department shall determine, based on information certified under | 29597 |
| section 3317.03 of the Revised Code, the following by the last day | 29598 |
| of January of each year for each school district, including each | 29599 |
| cooperative education school district, for each institution | 29600 |
| eligible for payment under section 3323.091 of the Revised Code, | 29601 |
| and for each county MR/DD board: the number of preschool | 29602 |
|
handicapped | 29603 |
| 29604 | |
| 29605 | |
| as defined in section 3323.01 of the Revised Code, approved | 29606 |
| annually by the department on the basis of standards and rules | 29607 |
| adopted by the state board. | 29608 |
| (D) | 29609 |
| 29610 | |
| 29611 | |
| 29612 | |
| 29613 | |
| 29614 |
| | 29615 |
| 29616 | |
| 29617 | |
| 29618 |
| | 29619 |
| 29620 | |
| 29621 | |
| 29622 | |
| 29623 | |
| 29624 |
| | 29625 |
| section shall be carried to the second decimal place. The total | 29626 |
| number of units for school districts, service centers, and | 29627 |
| institutions approved annually under this section shall not exceed | 29628 |
| the number of units included in the estimate of cost for these | 29629 |
| units and appropriations made for them by the general assembly. | 29630 |
| | 29631 |
| 29632 | |
| 29633 | |
| 29634 | |
| 29635 | |
| 29636 | |
| 29637 | |
| 29638 | |
| 29639 | |
| case of handicapped preschool units described in division (B) of | 29640 |
| this section, the department shall approve only preschool units | 29641 |
| for children who are under age six on the thirtieth day of | 29642 |
| September of the academic year, or on the first day of August of | 29643 |
| the academic year if the school district in which the child is | 29644 |
| enrolled has adopted a resolution under division (A)(3) of section | 29645 |
| 3321.01 of the Revised Code, but not less than age three on the | 29646 |
| first day of December of the academic year, except that such a | 29647 |
| unit may include one or more children who are under age three or | 29648 |
| are age
six or over on the | 29649 |
| as reported under division (B)(2) or (G)(2)(b) of section 3317.03 | 29650 |
| of the Revised Code, if such children have been admitted to the | 29651 |
| unit pursuant to rules of the state board. The number of units for | 29652 |
| county MR/DD boards and institutions eligible for payment under | 29653 |
| section 3323.091 of the Revised Code approved under this section | 29654 |
| shall not exceed the number that can be funded with appropriations | 29655 |
| made for such purposes by the general assembly. | 29656 |
| No unit shall be approved under divisions (B)
| 29657 |
| of this section unless a plan has been submitted and approved | 29658 |
| under Chapter 3323. of the Revised Code. | 29659 |
| | 29660 |
| thereof for gifted children on the basis of standards and rules | 29661 |
| adopted by the state board. | 29662 |
| Sec. 3317.052. As used in this section, "institution" means | 29663 |
| an institution operated by a department specified in division (A) | 29664 |
| of section 3323.091 of the Revised Code. | 29665 |
| (A)(1) The department of education shall pay each school | 29666 |
| district, educational service center, institution eligible for | 29667 |
| payment under section 3323.091 of the Revised Code, or county | 29668 |
| MR/DD board an amount for the total of all classroom units for | 29669 |
| handicapped preschool children approved under division (B) of | 29670 |
| section 3317.05 of the Revised Code. For each unit, the amount | 29671 |
| shall be the sum of the minimum salary for the teacher of the | 29672 |
| unit, calculated on the basis of the teacher's training level and | 29673 |
| years of experience pursuant to the salary schedule prescribed in | 29674 |
| the version of section 3317.13 of the Revised Code in effect prior | 29675 |
|
to
| 29676 |
| per cent of that minimum salary amount, and eight thousand | 29677 |
| twenty-three dollars. | 29678 |
| (2) The department shall pay each school district, | 29679 |
| educational service center, institution eligible for payment under | 29680 |
| section 3323.091 of the Revised Code, or county MR/DD board an | 29681 |
| amount for the total of all related services units for handicapped | 29682 |
| preschool children approved under division (C) of section 3317.05 | 29683 |
| of the Revised Code. For each such unit, the amount shall be the | 29684 |
| sum of the minimum salary for the teacher of the unit calculated | 29685 |
| on the basis of the teacher's training level and years of | 29686 |
| experience pursuant to the salary schedule prescribed in the | 29687 |
| version of section 3317.13 of the Revised Code in effect prior to | 29688 |
| 29689 | |
| cent of that minimum salary amount, and two thousand one hundred | 29690 |
| thirty-two dollars. | 29691 |
| (B) If a school district, educational service center, or | 29692 |
| county MR/DD board has had additional handicapped preschool units | 29693 |
| approved for the year under division (F)(2) or (G)(3) of section | 29694 |
| 3317.03 of the Revised Code, the district, educational service | 29695 |
| center, or board shall receive an additional amount during the | 29696 |
| last half of the fiscal year. For each district, center, or board, | 29697 |
| the additional amount for each unit shall equal fifty per cent of | 29698 |
| the amounts computed for the unit in the manner prescribed by | 29699 |
| division (A) of this section and division (C) of section 3317.053 | 29700 |
| of the Revised Code. | 29701 |
| (C) | 29702 |
| 29703 | |
| 29704 | |
| 29705 | |
| 29706 | |
| 29707 | |
| 29708 | |
| 29709 | |
| 29710 | |
| 29711 | |
| 29712 |
| | 29713 |
| 29714 | |
| 29715 | |
| 29716 | |
| 29717 | |
| 29718 | |
| 29719 | |
| 29720 | |
| 29721 | |
| 29722 | |
| 29723 |
| | 29724 |
| for
vocational education | 29725 |
| 29726 | |
| 29727 | |
| 29728 | |
| 29729 | |
| 29730 | |
| 29731 | |
| 29732 | |
| 29733 | |
| 29734 | |
| comprehensive plan for a program to provide vocational education | 29735 |
| services. Each institution that receives a grant under this | 29736 |
| division annually shall report to the department on the delivery | 29737 |
| of services and the performance of students and any other | 29738 |
| information required by the department to evaluate the | 29739 |
| institution's vocational education program. | 29740 |
| Sec. 3317.053. (A) As used in this section: | 29741 |
| (1) "State share percentage" has the same meaning as in | 29742 |
| section 3317.022 of the Revised Code. | 29743 |
| (2) "Dollar amount" means the amount shown in the following | 29744 |
| table for the corresponding type of unit: | 29745 |
| TYPE OF UNIT | DOLLAR AMOUNT | 29746 | |||
| Division (B) of section 3317.05 | 29747 | ||||
| of the Revised Code | $8,334 | 29748 | |||
| Division (C) of that section | $3,234 | 29749 | |||
| Division |
$5,550 | 29750 |
| (3) "Average unit amount" means the amount shown in the | 29751 |
| following table for the corresponding type of unit: | 29752 |
| 29753 | |||||
| TYPE OF UNIT | AVERAGE UNIT AMOUNT | 29754 | |||
| Division (B) of section 3317.05 | 29755 | ||||
| of the Revised Code | $7,799 | 29756 | |||
| Division (C) of that section | $2,966 | 29757 | |||
| Division |
$5,251 | 29758 |
| (B) In the case of each unit described in division (B), (C), | 29759 |
|
or | 29760 |
| a city, local, or exempted village school district, the department | 29761 |
| of education, in addition to the amounts specified in division (P) | 29762 |
| of section 3317.024 and sections 3317.052 and 3317.19 of the | 29763 |
| Revised Code, shall pay a supplemental unit allowance equal to the | 29764 |
| sum of the following amounts: | 29765 |
| (1) An amount equal to 50% of the average unit amount for the | 29766 |
| unit; | 29767 |
| (2) An amount equal to the percentage of the dollar amount | 29768 |
| for the unit that equals the district's state share percentage. | 29769 |
| If, prior to the fifteenth day of May of a fiscal year, a | 29770 |
| school district's aid computed under section 3317.022 of the | 29771 |
| Revised Code is recomputed pursuant to section 3317.027 or | 29772 |
| 3317.028 of the Revised Code, the department shall also recompute | 29773 |
| the district's entitlement to payment under this section utilizing | 29774 |
| a new state share percentage. Such new state share percentage | 29775 |
| shall be determined using the district's recomputed basic aid | 29776 |
| amount pursuant to section 3317.027 or 3317.028 of the Revised | 29777 |
| Code. During the last six months of the fiscal year, the | 29778 |
| department shall pay the district a sum equal to one-half of the | 29779 |
| recomputed payment in lieu of one-half the payment otherwise | 29780 |
| calculated under this section. | 29781 |
| (C)(1) In the case of each unit allocated to an institution | 29782 |
| pursuant to division (A) of section 3317.05 of the Revised Code, | 29783 |
| the department, in addition to the amount specified in section | 29784 |
| 3317.052 of the Revised Code, shall pay a supplemental unit | 29785 |
| allowance of $7,227. | 29786 |
| (2) In the case of each unit described in division (B) | 29787 |
| 29788 | |
| any entity other than a city, exempted village, or local school | 29789 |
| district, the department, in addition to the amount specified in | 29790 |
| section 3317.052 of the Revised Code, shall pay a supplemental | 29791 |
| unit allowance of $7,799. | 29792 |
| (3) In the case of each unit described in division (C)
| 29793 |
| 29794 | |
| entity other than a city, exempted village, or local school | 29795 |
| district, the department, in addition to the amounts specified in | 29796 |
| section 3317.052 of the Revised Code, shall pay a supplemental | 29797 |
| unit allowance of $2,966. | 29798 |
| (4) In the case of each unit described in division | 29799 |
| section 3317.05 of the Revised Code and allocated to an | 29800 |
| educational service center, the department, in addition to the | 29801 |
| amounts specified in division (P) of section 3317.024 of the | 29802 |
| Revised Code, shall pay a supplemental unit allowance of $5,251. | 29803 |
| Sec. 3317.06. Moneys paid to school districts under division | 29804 |
| (L) of section 3317.024 of the Revised Code shall be used for the | 29805 |
| following independent and fully severable purposes: | 29806 |
| (A) To purchase such secular textbooks or electronic | 29807 |
| textbooks as have been approved by the superintendent of public | 29808 |
| instruction for use in public schools in the state and to loan | 29809 |
| such textbooks or electronic textbooks to pupils attending | 29810 |
| nonpublic schools within the district or to their parents and to | 29811 |
| hire clerical personnel to administer such lending program. Such | 29812 |
| loans shall be based upon individual requests submitted by such | 29813 |
| nonpublic school pupils or parents. Such requests shall be | 29814 |
| submitted to the school district in which the nonpublic school is | 29815 |
| located. Such individual requests for the loan of textbooks or | 29816 |
| electronic textbooks shall, for administrative convenience, be | 29817 |
| submitted by the nonpublic school pupil or the pupil's parent to | 29818 |
| the nonpublic school, which shall prepare and submit collective | 29819 |
| summaries of the individual requests to the school district. As | 29820 |
| used in this section: | 29821 |
| (1) "Textbook" means any book or book substitute that a pupil | 29822 |
| uses as a consumable or nonconsumable text, text substitute, or | 29823 |
| text supplement in a particular class or program in the school the | 29824 |
| pupil regularly attends. | 29825 |
| (2) "Electronic textbook" means computer software, | 29826 |
| interactive videodisc, magnetic media, CD-ROM, computer | 29827 |
| courseware, local and remote computer assisted instruction, | 29828 |
| on-line service, electronic medium, or other means of conveying | 29829 |
| information to the student or otherwise contributing to the | 29830 |
| learning process through electronic means. | 29831 |
| (B) To provide speech and hearing diagnostic services to | 29832 |
| pupils attending nonpublic schools within the district. Such | 29833 |
| service shall be provided in the nonpublic school attended by the | 29834 |
| pupil receiving the service. | 29835 |
| (C) To provide physician, nursing, dental, and optometric | 29836 |
| services to pupils attending nonpublic schools within the | 29837 |
| district. Such services shall be provided in the school attended | 29838 |
| by the nonpublic school pupil receiving the service. | 29839 |
| (D) To provide diagnostic psychological services to pupils | 29840 |
| attending nonpublic schools within the district. Such services | 29841 |
| shall be provided in the school attended by the pupil receiving | 29842 |
| the service. | 29843 |
| (E) To provide therapeutic psychological and speech and | 29844 |
| hearing services to pupils attending nonpublic schools within the | 29845 |
| district. Such services shall be provided in the public school, in | 29846 |
| nonpublic schools, in public centers, or in mobile units located | 29847 |
| on or off of the nonpublic premises. If such services are provided | 29848 |
| in the public school or in public centers, transportation to and | 29849 |
| from such facilities shall be provided by the school district in | 29850 |
| which the nonpublic school is located. | 29851 |
| (F) To provide guidance and counseling services to pupils | 29852 |
| attending nonpublic schools within the district. Such services | 29853 |
| shall be provided in the public school, in nonpublic schools, in | 29854 |
| public centers, or in mobile units located on or off of the | 29855 |
| nonpublic premises. If such services are provided in the public | 29856 |
| school or in public centers, transportation to and from such | 29857 |
| facilities shall be provided by the school district in which the | 29858 |
| nonpublic school is located. | 29859 |
| (G) To provide remedial services to pupils attending | 29860 |
| nonpublic schools within the district. Such services shall be | 29861 |
| provided in the public school, in nonpublic schools, in public | 29862 |
| centers, or in mobile units located on or off of the nonpublic | 29863 |
| premises. If such services are provided in the public school or in | 29864 |
| public centers, transportation to and from such facilities shall | 29865 |
| be provided by the school district in which the nonpublic school | 29866 |
| is located. | 29867 |
| (H) To supply for use by pupils attending nonpublic schools | 29868 |
| within the district such standardized tests and scoring services | 29869 |
| as are in use in the public schools of the state; | 29870 |
| (I) To provide programs for children who attend nonpublic | 29871 |
| schools within the district and are handicapped children as | 29872 |
| defined in division (A) of section 3323.01 of the Revised Code or | 29873 |
| gifted children. Such programs shall be provided in the public | 29874 |
| school, in nonpublic schools, in public centers, or in mobile | 29875 |
| units located on or off of the nonpublic premises. If such | 29876 |
| programs are provided in the public school or in public centers, | 29877 |
| transportation to and from such facilities shall be provided by | 29878 |
| the school district in which the nonpublic school is located. | 29879 |
| (J) To hire clerical personnel to assist in the | 29880 |
| administration of programs pursuant to divisions (B), (C), (D), | 29881 |
| (E), (F), (G), and (I) of this section and to hire supervisory | 29882 |
| personnel to supervise the providing of services and textbooks | 29883 |
| pursuant to this section. | 29884 |
| (K) To purchase or lease any secular, neutral, and | 29885 |
| nonideological computer software (including site-licensing), | 29886 |
| prerecorded video laserdiscs, digital video on demand (DVD), | 29887 |
| compact discs, and video cassette cartridges, wide area | 29888 |
| connectivity and related technology as it relates to internet | 29889 |
| access, mathematics or science equipment and materials, | 29890 |
| instructional materials, and school library materials that are in | 29891 |
| general use in the public schools of the state and loan such items | 29892 |
| to pupils attending nonpublic schools within the district or to | 29893 |
| their parents, and to hire clerical personnel to administer the | 29894 |
| lending program. Only such items that are incapable of diversion | 29895 |
| to religious use and that are susceptible of loan to individual | 29896 |
| pupils and are furnished for the use of individual pupils shall be | 29897 |
| purchased and loaned under this division. As used in this section, | 29898 |
| "instructional materials" means prepared learning materials that | 29899 |
| are secular, neutral, and nonideological in character and are of | 29900 |
| benefit to the instruction of school children, and may include | 29901 |
| educational resources and services developed by the eTech Ohio | 29902 |
| 29903 |
| (L) To purchase or lease instructional equipment, including | 29904 |
| computer hardware and related equipment in general use in the | 29905 |
| public schools of the state, for use by pupils attending nonpublic | 29906 |
| schools within the district and to loan such items to pupils | 29907 |
| attending nonpublic schools within the district or to their | 29908 |
| parents, and to hire clerical personnel to administer the lending | 29909 |
| program. | 29910 |
| (M) To purchase mobile units to be used for the provision of | 29911 |
| services pursuant to divisions (E), (F), (G), and (I) of this | 29912 |
| section and to pay for necessary repairs and operating costs | 29913 |
| associated with these units. | 29914 |
| Clerical and supervisory personnel hired pursuant to division | 29915 |
| (J) of this section shall perform their services in the public | 29916 |
| schools, in nonpublic schools, public centers, or mobile units | 29917 |
| where the services are provided to the nonpublic school pupil, | 29918 |
| except that such personnel may accompany pupils to and from the | 29919 |
| service sites when necessary to ensure the safety of the children | 29920 |
| receiving the services. | 29921 |
| All services provided pursuant to this section may be | 29922 |
| provided under contract with educational service centers, the | 29923 |
| department of health, city or general health districts, or private | 29924 |
| agencies whose personnel are properly licensed by an appropriate | 29925 |
| state board or agency. | 29926 |
| Transportation of pupils provided pursuant to divisions (E), | 29927 |
| (F), (G), and (I) of this section shall be provided by the school | 29928 |
| district from its general funds and not from moneys paid to it | 29929 |
| under division (L) of section 3317.024 of the Revised Code unless | 29930 |
| a special transportation request is submitted by the parent of the | 29931 |
| child receiving service pursuant to such divisions. If such an | 29932 |
| application is presented to the school district, it may pay for | 29933 |
| the transportation from moneys paid to it under division (L) of | 29934 |
| section 3317.024 of the Revised Code. | 29935 |
| No school district shall provide health or remedial services | 29936 |
| to nonpublic school pupils as authorized by this section unless | 29937 |
| such services are available to pupils attending the public schools | 29938 |
| within the district. | 29939 |
| Materials, equipment, computer hardware or software, | 29940 |
| textbooks, electronic textbooks, and health and remedial services | 29941 |
| provided for the benefit of nonpublic school pupils pursuant to | 29942 |
| this section and the admission of pupils to such nonpublic schools | 29943 |
| shall be provided without distinction as to race, creed, color, or | 29944 |
| national origin of such pupils or of their teachers. | 29945 |
| No school district shall provide services, materials, or | 29946 |
| equipment that contain religious content for use in religious | 29947 |
| courses, devotional exercises, religious training, or any other | 29948 |
| religious activity. | 29949 |
| As used in this section, "parent" includes a person standing | 29950 |
| in loco parentis to a child. | 29951 |
| Notwithstanding section 3317.01 of the Revised Code, payments | 29952 |
| shall be made under this section to any city, local, or exempted | 29953 |
| village school district within which is located one or more | 29954 |
| nonpublic elementary or high schools and any payments made to | 29955 |
| school districts under division (L) of section 3317.024 of the | 29956 |
| Revised Code for purposes of this section may be disbursed without | 29957 |
| submission to and approval of the controlling board. | 29958 |
| The allocation of payments for materials, equipment, | 29959 |
| textbooks, electronic textbooks, health services, and remedial | 29960 |
| services to city, local, and exempted village school districts | 29961 |
| shall be on the basis of the state board of education's estimated | 29962 |
| annual average daily membership in nonpublic elementary and high | 29963 |
| schools located in the district. | 29964 |
| Payments made to city, local, and exempted village school | 29965 |
| districts under this section shall be equal to specific | 29966 |
| appropriations made for the purpose. All interest earned by a | 29967 |
| school district on such payments shall be used by the district for | 29968 |
| the same purposes and in the same manner as the payments may be | 29969 |
| used. | 29970 |
| The department of education shall adopt guidelines and | 29971 |
| procedures under which such programs and services shall be | 29972 |
| provided, under which districts shall be reimbursed for | 29973 |
| administrative costs incurred in providing such programs and | 29974 |
| services, and under which any unexpended balance of the amounts | 29975 |
| appropriated by the general assembly to implement this section may | 29976 |
| be transferred to the auxiliary services personnel unemployment | 29977 |
| compensation fund established pursuant to section 4141.47 of the | 29978 |
| Revised Code. The department shall also adopt guidelines and | 29979 |
| procedures limiting the purchase and loan of the items described | 29980 |
| in division (K) of this section to items that are in general use | 29981 |
| in the public schools of the state, that are incapable of | 29982 |
| diversion to religious use, and that are susceptible to individual | 29983 |
| use rather than classroom use. Within thirty days after the end of | 29984 |
| each biennium, each board of education shall remit to the | 29985 |
| department all moneys paid to it under division (L) of section | 29986 |
| 3317.024 of the Revised Code and any interest earned on those | 29987 |
| moneys that are not required to pay expenses incurred under this | 29988 |
| section during the biennium for which the money was appropriated | 29989 |
| and during which the interest was earned. If a board of education | 29990 |
| subsequently determines that the remittal of moneys leaves the | 29991 |
| board with insufficient money to pay all valid expenses incurred | 29992 |
| under this section during the biennium for which the remitted | 29993 |
| money was appropriated, the board may apply to the department of | 29994 |
| education for a refund of money, not to exceed the amount of the | 29995 |
| insufficiency. If the department determines the expenses were | 29996 |
| lawfully incurred and would have been lawful expenditures of the | 29997 |
| refunded money, it shall certify its determination and the amount | 29998 |
| of the refund to be made to the director of job and family | 29999 |
| services who shall make a refund as provided in section 4141.47 of | 30000 |
| the Revised Code. | 30001 |
| Sec. 3317.063. The superintendent of public instruction, in | 30002 |
| accordance with rules adopted by the department of education, | 30003 |
| shall annually reimburse each chartered nonpublic school for the | 30004 |
| actual mandated service administrative and clerical costs incurred | 30005 |
| by such school during the preceding school year in preparing, | 30006 |
| maintaining, and filing reports, forms, and records, and in | 30007 |
| providing such other administrative and clerical services that are | 30008 |
| not an integral part of the teaching process as may be required by | 30009 |
| state law or rule or by requirements duly promulgated by city, | 30010 |
| exempted village, or local school districts. The mandated service | 30011 |
| costs reimbursed pursuant to this section shall include, but are | 30012 |
| not limited to, the preparation, filing and maintenance of forms, | 30013 |
| reports, or records and other clerical and administrative services | 30014 |
| relating to state chartering or approval of the nonpublic school, | 30015 |
| pupil attendance, pupil health and health testing, transportation | 30016 |
| of pupils, federally funded education programs, pupil appraisal, | 30017 |
| pupil progress, educator licensure, unemployment and workers' | 30018 |
| compensation, transfer of pupils, and such other education related | 30019 |
| data which are now or hereafter shall be required of such | 30020 |
| nonpublic school by state law or rule, or by requirements of the | 30021 |
| state department of education, other state agencies, or city, | 30022 |
| exempted village, or local school districts. | 30023 |
| The reimbursement required by this section shall be for | 30024 |
| school years beginning on or after July 1, 1981. | 30025 |
| Each nonpublic school which seeks reimbursement pursuant to | 30026 |
| this section shall submit to the superintendent of public | 30027 |
| instruction an application together with such additional reports | 30028 |
| and documents as the department of education may require. Such | 30029 |
| application, reports, and documents shall contain such information | 30030 |
| as the department of education may prescribe in order to carry out | 30031 |
| the purposes of this section. No payment shall be made until the | 30032 |
| superintendent of public instruction has approved such | 30033 |
| application. | 30034 |
| Each nonpublic school which applies for reimbursement | 30035 |
| pursuant to this section shall maintain a separate account or | 30036 |
| system of accounts for the expenses incurred in rendering the | 30037 |
| required services for which reimbursement is sought. Such accounts | 30038 |
| shall contain such information as is required by the department of | 30039 |
| education and shall be maintained in accordance with rules adopted | 30040 |
| by the department of education. | 30041 |
| Reimbursement payments to a nonpublic school pursuant to this | 30042 |
| section shall not exceed an amount for each school year equal to | 30043 |
|
two hundred | 30044 |
| nonpublic school. | 30045 |
| The superintendent of public instruction may, from time to | 30046 |
| time, examine any and all accounts and records of a nonpublic | 30047 |
| school which have been maintained pursuant to this section in | 30048 |
| support of an application for reimbursement, for the purpose of | 30049 |
| determining the costs to such school of rendering the services for | 30050 |
| which reimbursement is sought. If after such audit it is | 30051 |
| determined that any school has received funds in excess of the | 30052 |
| actual cost of providing such services, said school shall | 30053 |
| immediately reimburse the state in such excess amount. | 30054 |
| Any payments made to chartered nonpublic schools under this | 30055 |
| section may be disbursed without submission to and approval of the | 30056 |
| controlling board. | 30057 |
| Sec. 3317.07. The state board of education shall establish | 30058 |
| rules for the purpose of distributing subsidies for the purchase | 30059 |
| of school buses under division (E) of section 3317.024 of the | 30060 |
| Revised Code. | 30061 |
| No school bus subsidy payments shall be paid to any district | 30062 |
| unless such district can demonstrate that pupils residing more | 30063 |
| than one mile from the school could not be transported without | 30064 |
| such additional aid. | 30065 |
| The amount paid to a county MR/DD board for buses purchased | 30066 |
| for transportation of children in special education programs | 30067 |
|
operated by the board shall be | 30068 |
| 30069 |
| The amount paid to a school district for buses purchased for | 30070 |
| transportation of handicapped and nonpublic school pupils shall be | 30071 |
| 30072 | |
| by a per pupil allocation based on the number of special education | 30073 |
| and nonpublic school pupils for whom transportation is provided. | 30074 |
| The state board of education shall adopt a formula to | 30075 |
| determine the amount of payments that shall be distributed to | 30076 |
| school districts to purchase school buses for pupils other than | 30077 |
| handicapped or nonpublic school pupils. | 30078 |
| If any district or MR/DD board obtains bus services for pupil | 30079 |
| transportation pursuant to a contract, such district or board may | 30080 |
| use payments received under this section to defray the costs of | 30081 |
| contracting for bus services in lieu of for purchasing buses. | 30082 |
| If the department of education determines that a county MR/DD | 30083 |
| board no longer needs a school bus because the board no longer | 30084 |
| transports children to a special education program operated by the | 30085 |
| board, or if the department determines that a school district no | 30086 |
| longer needs a school bus to transport pupils to a nonpublic | 30087 |
| school or special education program, the department may reassign a | 30088 |
| bus that was funded with payments provided pursuant to this | 30089 |
| section for the purpose of transporting such pupils. The | 30090 |
| department may reassign a bus to a county MR/DD board or school | 30091 |
| district that transports children to a special education program | 30092 |
| designated in the children's individualized education plans, or to | 30093 |
| a school district that transports pupils to a nonpublic school, | 30094 |
| and needs an additional school bus. | 30095 |
| Sec. 3317.081. (A) Tuition shall be computed in accordance | 30096 |
| with this section if: | 30097 |
| (1) The tuition is required by division (C)(3)(b) of section | 30098 |
| 3313.64 of the Revised Code; or | 30099 |
| (2) Neither the child nor the child's parent resides in this | 30100 |
| state and tuition is required by section 3327.06 of the Revised | 30101 |
| Code. | 30102 |
| (B) Tuition computed in accordance with this section shall | 30103 |
| equal the attendance district's tuition rate computed under | 30104 |
| section 3317.08 of the Revised Code plus the amount that district | 30105 |
| would have received for the child pursuant to sections 3317.022, | 30106 |
| 3317.023, and 3317.025 to
| 30107 |
| during the school year had the attendance district been authorized | 30108 |
| to count the child in its formula ADM for that school year under | 30109 |
| section 3317.03 of the Revised Code. | 30110 |
| Sec. 3317.09. All moneys distributed to a school district, | 30111 |
| including any cooperative education or joint vocational school | 30112 |
| district and all moneys distributed to any educational service | 30113 |
| center, by the state whether from a state or federal source, shall | 30114 |
| be accounted for by the division of school finance of the | 30115 |
| department of education. All moneys distributed shall be coded as | 30116 |
| to county, school district or educational service center, source, | 30117 |
| and other pertinent information, and at the end of each month, a | 30118 |
| report of such distribution shall be made by such division of | 30119 |
| school finance | 30120 |
| 30121 | |
| 30122 | |
| 30123 | |
| and educational service center | 30124 |
| | 30125 |
| 30126 | |
| 30127 | |
| 30128 | |
| 30129 | |
| 30130 | |
| 30131 | |
| 30132 | |
| 30133 | |
| 30134 | |
| 30135 | |
| in section 3319.33 of the Revised Code, the superintendent of | 30136 |
| public instruction shall be without authority to distribute funds | 30137 |
| to that school district or educational service center pursuant to | 30138 |
| sections 3317.022 to | 30139 |
| 3317.17, or 3317.19 of the Revised Code until such time as the | 30140 |
| required reports are filed with all specified officers, boards, or | 30141 |
| agencies. | 30142 |
| Sec. 3317.10. (A) On or before the first day of March of | 30143 |
| each year, the department of job and family services shall certify | 30144 |
| to the state board of education the unduplicated number of | 30145 |
| children ages five through seventeen residing in each school | 30146 |
| district and living in a family that, during the preceding | 30147 |
|
October, | 30148 |
| 30149 | |
|
participated in | 30150 |
| | 30151 |
| | 30152 |
| | 30153 |
| 30154 | |
| 30155 |
| | 30156 |
| 30157 |
| | 30158 |
| 30159 |
| | 30160 |
| 30161 |
| The department of job and family services shall certify this | 30162 |
| information according to the school district of residence for each | 30163 |
| child. Except as provided under division (B) of this section, the | 30164 |
| number of children so certified in any year shall be used by the | 30165 |
| department of education in calculating the distribution of moneys | 30166 |
| for the ensuing fiscal year as provided in section 3317.029 of the | 30167 |
| Revised Code. | 30168 |
| (B) Upon the transfer of part of the territory of one school | 30169 |
| district to the territory of one or more other school districts, | 30170 |
| the department of education may adjust the number of children | 30171 |
| certified under division (A) of this section for any district | 30172 |
| gaining or losing territory in such a transfer in order to take | 30173 |
| into account the effect of the transfer on the number of such | 30174 |
| children who reside in the district. Within sixty days of receipt | 30175 |
| of a request for information from the department of education, the | 30176 |
| department of job and family services shall provide any | 30177 |
| information the department of education determines is necessary to | 30178 |
| make such adjustments. The department of education may use the | 30179 |
| adjusted number for any district for the applicable fiscal year, | 30180 |
| in lieu of the number certified for the district for that fiscal | 30181 |
| year under division (A) of this section, in the calculation of the | 30182 |
| distribution of moneys provided in section 3317.029 of the Revised | 30183 |
| Code. | 30184 |
| Sec. 3317.16. (A) As used in this section: | 30185 |
| (1) "State share percentage" means the percentage calculated | 30186 |
| for a joint vocational school district as follows: | 30187 |
| (a) Calculate the state base cost funding amount for the | 30188 |
| district under division (B) of this section. If the district would | 30189 |
| not receive any base cost funding for that year under that | 30190 |
| division, the district's state share percentage is zero. | 30191 |
| (b) If the district would receive base cost funding under | 30192 |
| that division, divide that base cost amount by an amount equal to | 30193 |
| the following: | 30194 |
| 30195 |
| 30196 |
| 30197 |
| The resultant number is the district's state share | 30198 |
| percentage. | 30199 |
| (2) The "total special education weight" for a joint | 30200 |
| vocational school district shall be calculated in the same manner | 30201 |
| as prescribed in division (B)(1) of section 3317.022 of the | 30202 |
| Revised Code. | 30203 |
| (3) The "total vocational education weight" for a joint | 30204 |
| vocational school district shall be calculated in the same manner | 30205 |
| as prescribed in division (B)(4) of section 3317.022 of the | 30206 |
| Revised Code. | 30207 |
| (4) The "total recognized valuation" of a joint vocational | 30208 |
| school district shall be determined by adding the recognized | 30209 |
| valuations of all its constituent school districts for the | 30210 |
| applicable fiscal year. | 30211 |
| (5) "Resident district" means the city, local, or exempted | 30212 |
| village school district in which a student is entitled to attend | 30213 |
| school under section 3313.64 or 3313.65 of the Revised Code. | 30214 |
| (6) "Community school" means a community school established | 30215 |
| under Chapter 3314. of the Revised Code. | 30216 |
| (B) The department of education shall compute and distribute | 30217 |
| state base cost funding to each joint vocational school district | 30218 |
| for the fiscal year in accordance with division (B) of this | 30219 |
| section. | 30220 |
| (1) Compute the following | 30221 |
| 30222 |
| 30223 |
| 30224 |
| 30225 |
| If the difference obtained under this division is a negative | 30226 |
| number, the district's computation shall be zero. | 30227 |
| (2) Compute both of the following for each district: | 30228 |
| (a) The difference of (i) the district's fiscal year 2005 | 30229 |
| base cost payment under the version of division (B) of this | 30230 |
| section in effect in fiscal year 2005, minus (ii) the amount | 30231 |
| computed for the district for the current fiscal year under | 30232 |
| current division (B)(1) of this section; | 30233 |
| (b) The following amount: | 30234 |
| 30235 |
| 30236 |
| 30237 |
| If one of the amounts computed under division (B)(2)(a) or | 30238 |
| (b) of this section is a positive amount, the department shall pay | 30239 |
| the district that amount in addition to the amount calculated | 30240 |
| under division (B)(1) of this section. If both amounts are | 30241 |
| positive amounts, the department shall pay the district the lesser | 30242 |
| of the two amounts in addition to the amount calculated under | 30243 |
| division (B)(1) of this section. | 30244 |
| (C)(1) The department shall compute and distribute state | 30245 |
| vocational education additional weighted costs funds to each joint | 30246 |
| vocational school district in accordance with the following | 30247 |
| formula: | 30248 |
| 30249 |
| 30250 |
| In each fiscal year, a joint vocational school district | 30251 |
| receiving funds under division (C)(1) of this section shall spend | 30252 |
| those funds only for the purposes the department designates as | 30253 |
| approved for vocational education expenses. Vocational educational | 30254 |
| expenses approved by the department shall include only expenses | 30255 |
| connected to the delivery of career-technical programming to | 30256 |
| career-technical students. The department shall require the joint | 30257 |
| vocational school district to report data annually so that the | 30258 |
| department may monitor the district's compliance with the | 30259 |
| requirements regarding the manner in which funding received under | 30260 |
| division (C)(1) of this section may be spent. | 30261 |
| (2) The department shall compute for each joint vocational | 30262 |
| school district state funds for vocational education associated | 30263 |
| services costs in accordance with the following formula: | 30264 |
| 30265 |
| 30266 |
| 30267 |
| 30268 |
| In any fiscal year, a joint vocational school district | 30269 |
| receiving funds under division (C)(2) of this section, or through | 30270 |
| a transfer of funds pursuant to division (L) of section 3317.023 | 30271 |
| of the Revised Code, shall spend those funds only for the purposes | 30272 |
| that the department designates as approved for vocational | 30273 |
| education associated services expenses, which may include such | 30274 |
| purposes as apprenticeship coordinators, coordinators for other | 30275 |
| vocational education services, vocational evaluation, and other | 30276 |
| purposes designated by the department. The department may deny | 30277 |
| payment under division (C)(2) of this section to any district that | 30278 |
| the department determines is not operating those services or is | 30279 |
| using funds paid under division (C)(2) of this section, or through | 30280 |
| a transfer of funds pursuant to division (L) of section 3317.023 | 30281 |
| of the Revised Code, for other purposes. | 30282 |
| (D)(1) The department shall compute and distribute state | 30283 |
| special education and related services additional weighted costs | 30284 |
| funds to each joint vocational school district in accordance with | 30285 |
| the following formula: | 30286 |
| 30287 |
| 30288 |
| (2)(a) As used in this division, the "personnel allowance" | 30289 |
| means thirty thousand dollars in fiscal years 2002, 2003, 2004, | 30290 |
| 30291 |
| (b) For the provision of speech language pathology services | 30292 |
| to students, including students who do not have individualized | 30293 |
| education programs prepared for them under Chapter 3323. of the | 30294 |
| Revised Code, and for no other purpose, the department shall pay | 30295 |
| each joint vocational school district an amount calculated under | 30296 |
| the following formula: | 30297 |
| 30298 |
| 30299 |
| (3) In any fiscal year, a joint vocational school district | 30300 |
| shall spend for purposes that the department designates as | 30301 |
| approved for special education and related services expenses at | 30302 |
| least the amount calculated as follows: | 30303 |
| 30304 |
| 30305 |
| 30306 |
| 30307 |
| 30308 |
| The purposes approved by the department for special education | 30309 |
| expenses shall include, but shall not be limited to, compliance | 30310 |
| with state rules governing the education of handicapped children, | 30311 |
| providing services identified in a student's individualized | 30312 |
| education program as defined in section 3323.01 of the Revised | 30313 |
| Code, provision of speech language pathology services, and the | 30314 |
| portion of the district's overall administrative and overhead | 30315 |
| costs that are attributable to the district's special education | 30316 |
| student population. | 30317 |
| The department shall require joint vocational school | 30318 |
| districts to report data annually to allow for monitoring | 30319 |
| compliance with division (D)(3) of this section. The department | 30320 |
| shall annually report to the governor and the general assembly the | 30321 |
| amount of money spent by each joint vocational school district for | 30322 |
| special education and related services. | 30323 |
| (4) In any fiscal year, a joint vocational school district | 30324 |
| shall spend for the provision of speech language pathology | 30325 |
| services not less than the sum of the amount calculated under | 30326 |
| division (D)(1) of this section for the students in the district's | 30327 |
| category one special education ADM and the amount calculated under | 30328 |
| division (D)(2) of this section. | 30329 |
| (E)(1) If a joint vocational school district's costs for a | 30330 |
| fiscal year for a student in its categories two through six | 30331 |
| special education ADM exceed the threshold catastrophic cost for | 30332 |
| serving the student, as specified in division (C)(3)(b) of section | 30333 |
| 3317.022 of the Revised Code, the district may submit to the | 30334 |
| superintendent of public instruction documentation, as prescribed | 30335 |
| by the superintendent, of all of its costs for that student. Upon | 30336 |
| submission of documentation for a student of the type and in the | 30337 |
| manner prescribed, the department shall pay to the district an | 30338 |
| amount equal to the sum of the following: | 30339 |
| (a) One-half of the district's costs for the student in | 30340 |
| excess of the threshold catastrophic cost; | 30341 |
| (b) The product of one-half of the district's costs for the | 30342 |
| student in excess of the threshold catastrophic cost multiplied by | 30343 |
| the district's state share percentage. | 30344 |
| (2) The district shall only report under division (E)(1) of | 30345 |
| this section, and the department shall only pay for, the costs of | 30346 |
| educational expenses and the related services provided to the | 30347 |
| student in accordance with the student's individualized education | 30348 |
| program. Any legal fees, court costs, or other costs associated | 30349 |
| with any cause of action relating to the student may not be | 30350 |
| included in the amount. | 30351 |
| (F) Each fiscal year, the department shall pay each joint | 30352 |
| vocational school district an amount for adult technical and | 30353 |
| vocational education and specialized consultants. | 30354 |
| (G)(1) A joint vocational school district's local share of | 30355 |
| special education and related services additional weighted costs | 30356 |
| equals: | 30357 |
| 30358 |
| 30359 |
| 30360 |
| (2) For each handicapped student receiving special education | 30361 |
| and related services under an individualized education program, as | 30362 |
| defined in section 3323.01 of the Revised Code, at a joint | 30363 |
| vocational district, the resident district or, if the student is | 30364 |
| enrolled in a community school, the community school shall be | 30365 |
| responsible for the amount of any costs of providing those special | 30366 |
| education and related services to that student that exceed the sum | 30367 |
| of the amount calculated for those services attributable to that | 30368 |
| student under divisions (B), (D), (E), and (G)(1) of this section. | 30369 |
| Those excess costs shall be calculated by subtracting the sum | 30370 |
| of the following from the actual cost to provide special education | 30371 |
| and related services to the student: | 30372 |
| (a) The product of the formula amount times the | 30373 |
| cost-of-doing-business factor; | 30374 |
| (b) The product of the formula amount times the applicable | 30375 |
| multiple specified in section 3317.013 of the Revised Code; | 30376 |
| (c) Any funds paid under division (E) of this section for the | 30377 |
| student; | 30378 |
| (d) Any other funds received by the joint vocational school | 30379 |
| district under this chapter to provide special education and | 30380 |
| related services to the student, not including the amount | 30381 |
| calculated under division (G)(2) of this section. | 30382 |
| (3) The board of education of the joint vocational school | 30383 |
| district | 30384 |
| division (G)(2) of this section to the department of education. | 30385 |
| (4) | 30386 |
| school district reports excess costs under division (G)(3) of this | 30387 |
| section, the department shall pay the amount of excess cost | 30388 |
| calculated under division (G)(2) of this section to the joint | 30389 |
| vocational school district and shall deduct that amount as | 30390 |
| provided in division (G)(4)(a) or (b) of this section, as | 30391 |
| applicable: | 30392 |
| (a) If the student is not enrolled in a community school, the | 30393 |
| department shall deduct the amount from the account of the | 30394 |
| student's resident district pursuant to division (M) of section | 30395 |
| 3317.023 of the Revised Code. | 30396 |
| (b) If the student is enrolled in a community school, the | 30397 |
| department shall deduct the amount from the account of the | 30398 |
| community school pursuant to section 3314.083 of the Revised Code. | 30399 |
| | 30400 |
| 30401 | |
| 30402 | |
| 30403 | |
| 30404 | |
| 30405 | |
| 30406 | |
| 30407 | |
| 30408 | |
| 30409 |
| Sec. 3317.20. This section does not apply to handicapped | 30410 |
| preschool children. | 30411 |
| (A) As used in this section: | 30412 |
| (1) "Applicable weight" means the multiple specified in | 30413 |
| section 3317.013 of the Revised Code for a handicap described in | 30414 |
| that section. | 30415 |
| (2) "Child's school district" means the school district in | 30416 |
| which a child is entitled to attend school pursuant to section | 30417 |
| 3313.64 or 3313.65 of the Revised Code. | 30418 |
| (3) "State share percentage" means the state share percentage | 30419 |
| of the child's school district as defined in section 3317.022 of | 30420 |
| the Revised Code. | 30421 |
| (B) Except as provided in division (C) of this section, the | 30422 |
|
department shall annually pay each county
MR/DD board | 30423 |
| 30424 | |
| other than a handicapped preschool child, for whom the county | 30425 |
| MR/DD board provides special education and related services the | 30426 |
| greater of the amount calculated under division (B)(1) or (2) of | 30427 |
| this section: | 30428 |
| 30429 |
| 30430 |
| 30431 |
| 30432 |
| (1) (The formula amount for fiscal year 2005 X the | 30433 |
| cost-of-doing-business factor for the child's school district for | 30434 |
| fiscal year 2005) + (state share percentage for fiscal year 2005 X | 30435 |
| formula amount for fiscal year 2005 X the applicable weight); | 30436 |
| (2) (The current formula amount times the current | 30437 |
| cost-of-doing-business factor for the child's school district) + | 30438 |
| (state share percentage X current formula amount X the applicable | 30439 |
| weight). | 30440 |
| (C) If any school district places with a county MR/DD board | 30441 |
| more handicapped children than it had placed with a county MR/DD | 30442 |
| board in fiscal year 1998, the department shall not make a payment | 30443 |
| under division (B) of this section for the number of children | 30444 |
| exceeding the number placed in fiscal year 1998. The department | 30445 |
| instead shall deduct from the district's payments under this | 30446 |
| chapter, and pay to the county MR/DD board, an amount calculated | 30447 |
| in accordance with the formula prescribed in division (B) of this | 30448 |
| section for each child over the number of children placed in | 30449 |
| fiscal year 1998. | 30450 |
| (D) The department shall calculate for each county MR/DD | 30451 |
| board receiving payments under divisions (B) and (C) of this | 30452 |
| section the following amounts: | 30453 |
| (1) The amount received by the county MR/DD board for | 30454 |
| approved special education and related services units, other than | 30455 |
| preschool handicapped units, in fiscal year 1998, divided by the | 30456 |
| total number of children served in the units that year; | 30457 |
| (2) The product of the quotient calculated under division | 30458 |
| (D)(1) of this section times the number of children for whom | 30459 |
| payments are made under divisions (B) and (C) of this section. | 30460 |
| If the amount calculated under division (D)(2) of this | 30461 |
| section is greater than the total amount calculated under | 30462 |
| divisions (B) and (C) of this section, the department shall pay | 30463 |
| the county MR/DD board one hundred per cent of the difference in | 30464 |
| addition to the payments under divisions (B) and (C) of this | 30465 |
| section. | 30466 |
| Sec. 3317.201. This section does not apply to handicapped | 30467 |
| preschool children. | 30468 |
| (A) As used in this section, the "total special education | 30469 |
| weight" for an institution means the sum of the following amounts: | 30470 |
| (1) The number of children reported by the institution under | 30471 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 30472 |
| receiving services for a handicap described in division (A) of | 30473 |
| section 3317.013 of the Revised Code multiplied by the multiple | 30474 |
| specified in that division; | 30475 |
| (2) The number of children reported by the institution under | 30476 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 30477 |
| receiving services for a handicap described in division (B) of | 30478 |
| section 3317.013 of the Revised Code multiplied by the multiple | 30479 |
| specified in that division; | 30480 |
| (3) The number of children reported by the institution under | 30481 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 30482 |
| receiving services for a handicap described in division (C) of | 30483 |
| section 3317.013 of the Revised Code multiplied by the multiple | 30484 |
| specified in that division; | 30485 |
| (4) The number of children reported by the institution under | 30486 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 30487 |
| receiving services for a handicap described in division (D) of | 30488 |
| section 3317.013 of the Revised Code multiplied by the multiple | 30489 |
| specified in that division; | 30490 |
| (5) The number of children reported by the institution under | 30491 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 30492 |
| receiving services for a handicap described in division (E) of | 30493 |
| section 3317.013 of the Revised Code multiplied by the multiple | 30494 |
| specified in that division; | 30495 |
| (6) The number of children reported by the institution under | 30496 |
| division (G)(1)(a)(i) of section 3317.03 of the Revised Code as | 30497 |
| receiving services for a handicap described in division (F) of | 30498 |
| section 3317.013 of the Revised Code multiplied by the multiple | 30499 |
| specified in that division. | 30500 |
| (B) The department of education annually shall pay each state | 30501 |
| institution required to provide special education services under | 30502 |
| division (A) of section 3323.091 of the Revised Code an amount | 30503 |
| equal to the greater of: | 30504 |
| (1) The formula amount times the institution's total special | 30505 |
| education weight; | 30506 |
| (2) The aggregate amount of special education and related | 30507 |
| services unit funding the institution received for all handicapped | 30508 |
| children other than handicapped preschool children in fiscal year | 30509 |
| 2005 under sections 3317.052 and 3317.053 of the Revised Code, as | 30510 |
| those sections existed prior to the effective date of this | 30511 |
| section. | 30512 |
| Sec. 3317.50. The eTech Ohio | 30513 |
| education fund is hereby created in the state treasury. The fund | 30514 |
| shall consist of certain excess local exchange telephone company | 30515 |
| contributions transferred from the reserve fund of the Ohio | 30516 |
| telecommunications advisory board pursuant to an agreement between | 30517 |
| the public utilities commission of Ohio and the Ohio department of | 30518 |
| education. The fund shall be used to finance technology grants to | 30519 |
| state-chartered elementary and secondary schools. Investment | 30520 |
| earnings of the fund shall be credited to the fund. | 30521 |
| Sec. 3317.51. (A) The distance learning fund is hereby | 30522 |
| created in the state treasury. The fund shall consist of moneys | 30523 |
| paid to the eTech
Ohio | 30524 |
| company as a part of a settlement agreement between such company | 30525 |
| and the public utilities commission in fiscal year 1995 in part to | 30526 |
| establish distance learning throughout the
state. The | 30527 |
| commission shall administer the fund and expend moneys from it to | 30528 |
| finance technology grants to eligible schools chartered by the | 30529 |
| state board of education to establish distance learning in those | 30530 |
| schools. Chartered schools are eligible for funds if they are | 30531 |
| within the service area of the telephone company. Investment | 30532 |
| earnings of the fund shall be credited to the fund. | 30533 |
| (B) For purposes of this section, "distance learning" means | 30534 |
| the creation of a learning environment involving a school setting | 30535 |
| and at least one other location outside of the school which allows | 30536 |
| for information available at one site to be accessed at the other | 30537 |
| through the use of such educational applications as one-way or | 30538 |
| two-way transmission of data, voice, and video, singularly or in | 30539 |
| appropriate combinations. | 30540 |
| Sec. 3318.091. (A) Promptly after the written agreement | 30541 |
| between the school district board and the Ohio school facilities | 30542 |
| commission has been entered into, the school district board shall | 30543 |
| proceed with the issuance of its bonds or notes in anticipation | 30544 |
| thereof pursuant to the provision of such agreement required by | 30545 |
| division (A) of section 3318.08 of the Revised Code and the | 30546 |
| deposit of the proceeds thereof in the school district's project | 30547 |
| construction fund pursuant to the provision of such agreement | 30548 |
| required by division (B) of section 3318.08 of the Revised Code, | 30549 |
| and the school district board, with the approval of the commission | 30550 |
| shall employ a qualified professional person or firm to prepare | 30551 |
| preliminary plans, working drawings, specifications, estimates of | 30552 |
| cost, and such data as the school district board and the | 30553 |
| commission consider necessary for the project. When the | 30554 |
| preliminary plans and preliminary estimates of cost have been | 30555 |
| prepared, and approved by the school district board, they shall be | 30556 |
| submitted to the commission for approval, modification, or | 30557 |
| rejection. The commission shall ensure that the plans and | 30558 |
| materials proposed for use in the project comply with | 30559 |
| specifications for plans and materials that shall be established | 30560 |
| by the commission. When such preliminary plans and preliminary | 30561 |
| estimates of cost and any modifications thereof have been approved | 30562 |
| by the commission and the school district board, the school | 30563 |
| district board shall cause such qualified professional person or | 30564 |
| firm to prepare the working drawings, specifications, and | 30565 |
| estimates of cost. | 30566 |
| (B) Whenever project plans submitted to the commission for | 30567 |
| approval under division (A) of this section propose to locate a | 30568 |
| facility on a state route or United States highway or within one | 30569 |
| mile of a state route or United States highway, the commission | 30570 |
| shall send a copy of the plans to the director of transportation. | 30571 |
| The director of transportation shall review the plans to determine | 30572 |
| the feasibility of the proposed ingress and egress to the | 30573 |
| facility, the traffic circulation pattern on roadways around the | 30574 |
| facility, and any improvements that would be necessary to conform | 30575 |
| the roadways to provisions of the manual adopted by the department | 30576 |
| of transportation pursuant to section 4511.09 of the Revised Code | 30577 |
| or state or federal law. The director of transportation shall | 30578 |
| provide a written summary of the director's findings to the | 30579 |
| commission in a timely manner. The commission shall consider the | 30580 |
| findings in deciding whether to approve the plans. | 30581 |
| Sec. 3318.18. (A) As used in this section: | 30582 |
| (1) "Valuation" of a school district means the sum of the | 30583 |
| amounts described in divisions (A)(1) and (2) of section 3317.021 | 30584 |
| of the Revised Code as most recently certified for the district | 30585 |
| before the annual computation is made under division (B) of this | 30586 |
| section. | 30587 |
| (2) "Valuation per pupil" of a school district means the | 30588 |
| district's valuation divided by the district's formula ADM as most | 30589 |
| recently reported for October under section 3317.03 of the Revised | 30590 |
| Code before the annual computation is made under division (B) of | 30591 |
| this section. | 30592 |
| (3) "Statewide average valuation per pupil" means the total | 30593 |
| of the valuations of all school districts divided by the total of | 30594 |
| the formula ADMs of all school districts as most recently reported | 30595 |
| for October under section 3317.03 of the Revised Code before the | 30596 |
| annual computation is made under division (C) of this section. | 30597 |
| (4) "Maintenance levy requirement" means the tax required to | 30598 |
| be levied pursuant to division (C)(2)(a) of section 3318.08 and | 30599 |
| division (B) of section 3318.05 of the Revised Code or the | 30600 |
| application of proceeds of another levy to paying the costs of | 30601 |
| maintaining classroom facilities pursuant to division (A)(2) of | 30602 |
| section 3318.052, division (C)(1) or (C)(2)(b) of section 3318.08, | 30603 |
| or division (D)(2) of section 3318.36 of the Revised Code, or a | 30604 |
| combination thereof. | 30605 |
| (5) "Project agreement" means an agreement between a school | 30606 |
| district and the Ohio school facilities commission under section | 30607 |
| 3318.08 or division (B)(1) of section 3318.36 of the Revised Code. | 30608 |
| (B) On or before July 1, 2006, the department of education | 30609 |
| shall compute the statewide average valuation per pupil and the | 30610 |
| valuation per pupil of each school district, and provide them to | 30611 |
| the Ohio school facilities commission. On or before the first day | 30612 |
| of July each year beginning in 2007, the department of education | 30613 |
| shall compute the statewide average valuation per pupil and the | 30614 |
| valuation per pupil of each school district that has not already | 30615 |
| entered into a project agreement, and provide the results of those | 30616 |
| computations to the commission. | 30617 |
| (C)(1) At the time the Ohio school facilities commission | 30618 |
| enters into a project agreement with a school district, the | 30619 |
| commission shall compute the difference between the district's | 30620 |
| valuation per pupil and the statewide average valuation per pupil | 30621 |
| as most recently provided to the commission under division (B) of | 30622 |
| this section. If the school district's valuation per pupil is less | 30623 |
| than the average statewide valuation per pupil, the commission | 30624 |
| shall multiply the difference between those amounts by one-half | 30625 |
| mill times the formula ADM of the district as most recently | 30626 |
| reported to the department of education for October under division | 30627 |
| (A) of section 3317.03 of the Revised Code. The commission shall | 30628 |
| certify the resulting product to the department of education, | 30629 |
| along with the date on which the maintenance levy requirement | 30630 |
| terminates as provided in the project agreement between the school | 30631 |
| district board and the commission. | 30632 |
| (2) In the case of a school district that entered into a | 30633 |
| project agreement after July 1, 1997, but before July 1, 2006, the | 30634 |
| commission shall make the computation described in division (C)(1) | 30635 |
| of this section on the basis of the district's valuation per pupil | 30636 |
| and the statewide average valuation per pupil computed as of | 30637 |
| September 1, 2006, and the district's formula ADM reported for | 30638 |
| October 2005. | 30639 |
| (3) The amount computed for a school district under division | 30640 |
| (C)(1) or (2) of this section shall not change for the period | 30641 |
| during which payments are made to the district under division (D) | 30642 |
| of this section. | 30643 |
| (4) A computation need not be made under division (C)(1) or | 30644 |
| (2) of this section for a school district that certified a | 30645 |
| resolution to the commission under division (D)(3) of section | 30646 |
| 3318.36 of the Revised Code until the district becomes eligible | 30647 |
| for state assistance as provided in that division. | 30648 |
| (D) In the fourth quarter of each fiscal year, for each | 30649 |
| school district for which a computation has been made under | 30650 |
| division (C) of this section, the department of education shall | 30651 |
| pay the amount computed to each such school district. Payments | 30652 |
| shall be made to a school district each year until and including | 30653 |
| the tax year in which the district's maintenance levy requirement | 30654 |
| terminates. Payments shall be paid from the half-mill equalization | 30655 |
| fund, subject to appropriation by the general assembly. | 30656 |
| (E) Payments made to a school district under this section | 30657 |
| shall be credited to the district's classroom facilities | 30658 |
| maintenance fund and shall be used only for the purpose of | 30659 |
| maintaining facilities constructed or renovated under the project | 30660 |
| agreement. | 30661 |
| (F) There is hereby created in the state treasury the | 30662 |
| half-mill equalization fund. The fund shall receive transfers | 30663 |
| pursuant to section 5727.85 of the Revised Code. The fund shall be | 30664 |
| used first to make annual payments under division (D) of this | 30665 |
| section. If a balance remains in the fund after such payments are | 30666 |
| made in full for a year, the Ohio school facilities commission may | 30667 |
| request the controlling board to transfer a reasonable amount from | 30668 |
| such remaining balance to the public school building fund created | 30669 |
| under section 3318.15 of the Revised Code for the purposes of this | 30670 |
| chapter. | 30671 |
| All investment earnings arising from investment of money in | 30672 |
| the half-mill equalization fund shall be credited to the fund. | 30673 |
| Sec. 3318.33. (A) There is hereby created in the state | 30674 |
| treasury the Ohio school facilities commission fund, which shall | 30675 |
| consist of transfers of moneys authorized by the general assembly | 30676 |
| and revenues received by the Ohio school facilities commission | 30677 |
| under section 3318.31 of the Revised Code. Investment earnings on | 30678 |
| moneys in the fund shall be credited to the fund. Moneys in the | 30679 |
| fund may be used by the commission to pay personnel and other | 30680 |
| administrative expenses, to pay the cost of conducting evaluations | 30681 |
| of classroom facilities, to pay the cost of preparing building | 30682 |
| design specifications, to pay the cost of providing project | 30683 |
| management services, and for other purposes determined by the | 30684 |
| commission to be necessary to fulfill its duties under | 30685 |
| 30686 |
| (B) The director of budget and management may transfer to the | 30687 |
| Ohio school facilities commission fund the investment earnings on | 30688 |
| the
public school building fund | 30689 |
| Revised Code, the investment earnings on the education facilities | 30690 |
| trust fund created in section 183.26 of the Revised Code, or both. | 30691 |
| The director of budget and management may transfer to the Ohio | 30692 |
| school facilities commission fund the investment earnings on the | 30693 |
| school building program assistance fund, created under section | 30694 |
| 3318.25 of the Revised Code, in excess of the amounts needed to | 30695 |
| meet estimated federal arbitrage rebate requirements. | 30696 |
| | 30697 |
| treasury the | 30698 |
| assistance fund. Money in the fund shall be used solely to provide | 30699 |
| interest-free loans to school districts, including joint | 30700 |
| vocational
school districts, under sections | 30701 |
| 30702 | |
| construction of new vocational classroom facilities, the | 30703 |
| renovation of existing vocational classroom facilities, or the | 30704 |
| purchase of vocational education equipment or facilities. Moneys | 30705 |
| in the fund shall consist of transfers made to the fund, any | 30706 |
| interest earned by the fund, and repayments of loans made under | 30707 |
| sections | 30708 |
| Investment earnings of the fund shall be credited to the fund. | 30709 |
| | 30710 |
| school facilities commission shall adopt rules in accordance with | 30711 |
| Chapter 119. of the Revised Code under which, in any fiscal year | 30712 |
| that funds are appropriated from the
| 30713 |
| school building assistance fund for such purpose, the
| 30714 |
| commission may make interest-free loans to school districts. The | 30715 |
| rules shall include all of the following: | 30716 |
| (A) Application procedures, including the date by which | 30717 |
| applications shall be made; | 30718 |
| (B) Eligibility criteria, which shall include at least the | 30719 |
| following provisions: | 30720 |
| (1) A requirement that an applicant district demonstrate | 30721 |
| financial need for the loan. Indicators of need may include, but | 30722 |
| need not be limited to, levels of assessed valuation, enrollment | 30723 |
| levels and enrollment changes, ability of the district to maintain | 30724 |
| minimum educational standards, and demonstrated good faith efforts | 30725 |
| by the district to secure funds from sources other than the state. | 30726 |
| (2) A requirement that an applicant district demonstrate the | 30727 |
| ability to repay the loan within the maximum period permitted by | 30728 |
| division (D) of this section; | 30729 |
| (3) A requirement that an applicant district is not eligible | 30730 |
| for a loan, other than a loan for the purchase of any vocational | 30731 |
| education equipment that is not an approved project cost under | 30732 |
| this chapter, if the district, on the date of application for the | 30733 |
| loan, has at any time received any state assistance under sections | 30734 |
| 3318.01 to 3318.20, section 3318.37 or 3318.38, or sections | 30735 |
| 3318.40 to 3318.45 of the Revised Code or is reasonably expected | 30736 |
| to receive state assistance under any of those sections within | 30737 |
| three fiscal years; | 30738 |
| (4) A requirement that an applicant district agree to comply | 30739 |
| with all applicable design specifications and policies of the | 30740 |
| commission established pursuant to this chapter in the | 30741 |
| construction, renovation, or purchase of facilities or equipment | 30742 |
| paid for with the loan, unless such specifications or policies are | 30743 |
| waived by the commission. | 30744 |
| (C) Loan approval procedures and criteria, including criteria | 30745 |
| for prioritizing eligible applications. Criteria for such | 30746 |
| prioritization shall include: | 30747 |
| (1) Preference for applicant districts that demonstrate | 30748 |
| commitment and innovative approaches to the implementation of the | 30749 |
| department of education's vocational education modernization plan | 30750 |
| pursuant to section 3313.901 of the Revised Code; | 30751 |
| (2) Preference for applicant districts that have entered into | 30752 |
| or are in the process of entering into cooperative agreements with | 30753 |
| technical colleges or other institutions of higher education | 30754 |
| either to coordinate secondary vocational education and | 30755 |
| post-secondary technical education programs, or to share | 30756 |
| facilities and equipment. | 30757 |
| (D) Provisions governing the repayment of loans, including a | 30758 |
| provision that loans for construction, acquisition, or renovation | 30759 |
| of facilities shall be repaid within a maximum of fifteen years | 30760 |
| and loans for vocational education equipment shall be repaid | 30761 |
| within a maximum of five years; | 30762 |
| (E) A requirement that no loan shall be applied to the local | 30763 |
| resources a district expends as a condition of participation in a | 30764 |
| program established under section 3318.36 or 3318.46 of the | 30765 |
| Revised Code. | 30766 |
| | 30767 |
| school facilities commission shall enter into a loan agreement | 30768 |
| with each school district it approves for a loan under section | 30769 |
| 30770 | |
| the amount of the loan, the purposes for which it is to be used, | 30771 |
| the duration of the loan, and the repayment schedule. Every such | 30772 |
| agreement shall contain a provision
| 30773 |
| state board of education, upon the request of the executive | 30774 |
| director of the commission, to deduct from payments due to the | 30775 |
| district under Chapter 3317. of the Revised Code or from any other | 30776 |
| funds appropriated to the district by the general assembly, the | 30777 |
| amount of any scheduled loan payment due but not paid by the | 30778 |
| district and, within ten days, to transfer that amount to the | 30779 |
| commission. | 30780 |
| A copy of each loan agreement shall be furnished to the | 30781 |
| controlling board. No
money shall be released from the | 30782 |
| career-technical school building assistance fund without the | 30783 |
| approval of the controlling board. | 30784 |
| Sec. 3319.06. (A) The board of education of each city, | 30785 |
| exempted village, or local school district may create the position | 30786 |
| of internal auditor. Any person employed by the board as an | 30787 |
| internal auditor shall hold a valid permit issued under section | 30788 |
| 4701.10 of the Revised Code to practice as a certified public | 30789 |
| accountant or a public accountant. | 30790 |
| (B) The board shall execute a written contract of employment | 30791 |
| with each internal auditor it employs. The contract shall specify | 30792 |
| the internal auditor's duties, the salary and other compensation | 30793 |
| to be paid for performance of those duties, the number of days to | 30794 |
| be worked, the number of days of vacation leave, if any, and any | 30795 |
| paid holidays in the contractual year. The salary and other | 30796 |
| compensation prescribed by the contract may be increased by the | 30797 |
| board during the term of the contract but shall not be reduced | 30798 |
| during that term unless such reduction is part of a uniform plan | 30799 |
| affecting employees of the entire district. The term of the | 30800 |
| initial contract shall not exceed three years. Any renewal of the | 30801 |
| contract shall be for a term of not less than two years and not | 30802 |
| more than five years. | 30803 |
| The internal auditor shall be directly responsible to the | 30804 |
| board for the performance of all duties outlined in the contract. | 30805 |
| If the board does not intend to renew the contract upon its | 30806 |
| expiration, the board shall provide written notice to the internal | 30807 |
| auditor of its intention not to renew the contract not later than | 30808 |
| the last day of March of the year in which the contract expires. | 30809 |
| If the board does not provide such notice by that date, the | 30810 |
| internal auditor shall be deemed reemployed for a term of one year | 30811 |
| at the same salary plus any increments that may be authorized by | 30812 |
| the board. Termination of an internal auditor's contract shall be | 30813 |
| pursuant to section 3319.16 of the Revised Code. | 30814 |
| (C) Each board that employs an internal auditor shall adopt | 30815 |
| procedures for the evaluation of the internal auditor and shall | 30816 |
| evaluate the internal auditor in accordance with those procedures. | 30817 |
| The evaluation based upon the procedures shall be considered by | 30818 |
| the board in deciding whether to renew the internal auditor's | 30819 |
| contract of employment. The establishment of an evaluation | 30820 |
| procedure shall not create an expectancy of continued employment. | 30821 |
| Nothing in this section shall prevent the board from making the | 30822 |
| final determination regarding the renewal or nonrenewal of the | 30823 |
| contract of an internal auditor. | 30824 |
| Sec. 3319.081. Except as otherwise provided in division (G) | 30825 |
| of this section, in all school districts wherein the provisions of | 30826 |
| Chapter 124. of the Revised Code do not apply, the following | 30827 |
| employment contract system shall control for employees whose | 30828 |
| contracts of employment are not otherwise provided by law: | 30829 |
| (A) Newly hired regular nonteaching school employees, | 30830 |
| including regular hourly rate and per diem employees, shall enter | 30831 |
| into written contracts for their employment which shall be for a | 30832 |
| period of not more than one year. If such employees are rehired, | 30833 |
| their subsequent contract shall be for a period of two years. | 30834 |
| (B) After the termination of the two-year contract provided | 30835 |
| in division (A) of this section, if the contract of a nonteaching | 30836 |
| employee is renewed, the employee shall be continued in | 30837 |
| employment, and the salary provided in the contract may be | 30838 |
| increased but not reduced unless such reduction is a part of a | 30839 |
| uniform plan affecting the nonteaching employees of the entire | 30840 |
| district. | 30841 |
| (C) The contracts as provided for in this section may be | 30842 |
|
terminated by a majority vote of the board of education. | 30843 |
| Except as provided in sections 3319.0810 and 3319.172 of the | 30844 |
| Revised Code, the contracts may be terminated only for violation | 30845 |
| of written rules and regulations as set forth by the board of | 30846 |
| education or for incompetency, inefficiency, dishonesty, | 30847 |
| drunkenness, immoral conduct, insubordination, discourteous | 30848 |
| treatment of the public, neglect of duty, or any other acts of | 30849 |
| misfeasance, malfeasance, or nonfeasance. In addition to the right | 30850 |
| of the board of education to terminate the contract of an | 30851 |
| employee, the board may suspend an employee for a definite period | 30852 |
| of time or demote the employee for the reasons set forth in this | 30853 |
| division. The action of the board of education terminating the | 30854 |
| contract of an employee
or suspending or demoting | 30855 |
| shall be served upon the employee by certified mail. Within ten | 30856 |
| days following the receipt of such notice by the employee, the | 30857 |
| employee may file an appeal, in writing, with the court of common | 30858 |
| pleas of the county in which such school board is situated. After | 30859 |
| hearing the appeal the common pleas court may affirm, disaffirm, | 30860 |
| or modify the action of the school board. | 30861 |
| A violation of division (A)(7) of section 2907.03 of the | 30862 |
| Revised Code is grounds for termination of employment of a | 30863 |
| nonteaching employee under this division. | 30864 |
| (D) All employees who have been employed by a school district | 30865 |
| where the provisions of Chapter 124. of the Revised Code do not | 30866 |
| apply, for a period of at least three years on November 24, 1967, | 30867 |
| shall hold continuing contracts of employment pursuant to this | 30868 |
| section. | 30869 |
| (E) Any nonteaching school employee may terminate | 30870 |
| nonteaching school employee's contract of employment thirty days | 30871 |
| subsequent to the filing of a written notice of such termination | 30872 |
| with the treasurer of the board. | 30873 |
| (F) A person hired exclusively for the purpose of replacing a | 30874 |
| nonteaching school employee while such employee is on leave of | 30875 |
| absence granted under section 3319.13 of the Revised Code is not a | 30876 |
| regular nonteaching school employee under this section. | 30877 |
| (G) All nonteaching employees employed pursuant to this | 30878 |
| section and Chapter 124. of the Revised Code shall be paid for all | 30879 |
| time lost when the schools in which they are employed are closed | 30880 |
| owing to an epidemic or other public calamity. Nothing in this | 30881 |
| division shall be construed as requiring payment in excess of an | 30882 |
| employee's regular wage rate or salary for any time worked while | 30883 |
|
the school in which | 30884 |
| closed for the reasons set forth in this division. | 30885 |
| Sec. 3319.0810. (A) The board of education of any school | 30886 |
| district wherein the provisions of Chapter 124. of the Revised | 30887 |
| Code do not apply may terminate any of its transportation staff | 30888 |
| positions for reasons of economy and efficiency if the board | 30889 |
| instead of employing its own staff to transport some or all of the | 30890 |
| students enrolled in the district schools enters into a contract | 30891 |
| with an independent agent for the provision of transportation | 30892 |
| services for such students. Such a contract may be entered into | 30893 |
| only if all of the following conditions are satisfied: | 30894 |
| (1) Any collective bargaining agreement between the employee | 30895 |
| organization representing the employees whose positions are | 30896 |
| terminated under this section and the board has expired or will | 30897 |
| expire within sixty days and has not been renewed in conformance | 30898 |
| with provisions of that agreement and with Chapter 4117. of the | 30899 |
| Revised Code, or the agreement contains provisions permitting the | 30900 |
| termination of positions for reasons of economy and efficiency | 30901 |
| while the agreement is in force and the board is in conformance | 30902 |
| with those provisions. | 30903 |
| (2) The board permits any employee whose position is | 30904 |
| terminated under this section to fill any vacancy within the | 30905 |
| district's organization for which the employee is qualified. The | 30906 |
| board shall select from among similarly qualified employees to | 30907 |
| fill such vacancies pursuant to procedures established under any | 30908 |
| collective bargaining agreement between the employee organization | 30909 |
| representing the terminated employees and the board that is in | 30910 |
| force at the time of the termination, or in absence of such | 30911 |
| provisions on the basis of seniority of employment by the board | 30912 |
| with the employee with the greatest seniority having highest | 30913 |
| priority. | 30914 |
| (3) Unless a collective bargaining agreement between the | 30915 |
| employee organization representing the terminated employees and | 30916 |
| the board that is in force at the time of the termination provides | 30917 |
| otherwise, the board permits any employee whose position is | 30918 |
| terminated under this section to fill the employee's former | 30919 |
| position in the event that the board reinstates that position | 30920 |
| within one year after the date the position is terminated under | 30921 |
| this section. | 30922 |
| (4) The board permits any employee whose position is | 30923 |
| terminated under this section to appeal in accordance with section | 30924 |
| 119.12 of the Revised Code the board's decision to terminate the | 30925 |
| employee's position, not to hire that employee for another | 30926 |
| position pursuant to division (A)(2) of this section, or not to | 30927 |
| rehire that employee for the position if it is reinstated within | 30928 |
| one year after the position is terminated pursuant to division | 30929 |
| (A)(3) of this section. | 30930 |
| (5) The contract entered into by the board and an independent | 30931 |
| agent for the provision of transportation services contains a | 30932 |
| stipulation requiring the agent to consider hiring any employees | 30933 |
| of the school district whose positions are terminated under this | 30934 |
| section for similar positions within the agent's organization. | 30935 |
| (6) The contract entered into by the board and an independent | 30936 |
| agent for the provision of transportation services contains a | 30937 |
| stipulation requiring the agent to recognize for purposes of | 30938 |
| employee representation in collective bargaining any employee | 30939 |
| organization that represented the employees whose positions are | 30940 |
| terminated under this section in collective bargaining with the | 30941 |
| board at the time of the termination provided: | 30942 |
| (a) A majority of all employees in the bargaining unit agree | 30943 |
| to such representation; | 30944 |
| (b) Such representation is not prohibited by federal law, | 30945 |
| including any ruling of the national labor relations board; | 30946 |
| (c) The employee organization is not prohibited from | 30947 |
| representing nonpublic employees by other provisions of law or its | 30948 |
| own governing instruments. | 30949 |
| However, any employee whose position is terminated under this | 30950 |
| section shall not be compelled to be included in such bargaining | 30951 |
| unit if there is another bargaining unit within the agent's | 30952 |
| organization that is applicable to the employee. | 30953 |
| (B) If after terminating any positions of employment under | 30954 |
| this section the board fails to comply with any condition | 30955 |
| prescribed in division (A) of this section or fails to enforce on | 30956 |
| the agent its contractual obligations prescribed in divisions | 30957 |
| (A)(5) and (6) of this section, the terminations shall be void and | 30958 |
| the board shall reinstate the positions and fill them with the | 30959 |
| employees who filled those positions just prior to the | 30960 |
| terminations. Such employees shall be compensated at a rate equal | 30961 |
| to their rate of compensation in those positions just prior to the | 30962 |
| terminations plus any increases paid since the terminations to | 30963 |
| other nonteaching employees. The employees shall also be entitled | 30964 |
| to back pay at such rate for the period from the date of the | 30965 |
| terminations to the date of the reinstatements minus any pay | 30966 |
| received by the employees during any time the board was in | 30967 |
| compliance with such conditions or during any time the board | 30968 |
| enforced those obligations. | 30969 |
| Any employee aggrieved by the failure of the board to comply | 30970 |
| with any condition prescribed in division (A) of this section or | 30971 |
| to enforce on the agent its contractual obligations prescribed in | 30972 |
| divisions (A)(5) and (6) of this section shall have the right to | 30973 |
| sue the board for reinstatement of the employee's former position | 30974 |
| as provided for in this division in the court of common pleas for | 30975 |
| the county in which the school district is located or, if the | 30976 |
| school district is located in more than one county, in the court | 30977 |
| of common pleas for the county in which the majority of the | 30978 |
| territory of the school district is located. | 30979 |
| Sec. 3319.17. (A) As used in this section, "interdistrict | 30980 |
| contract" means any contract or agreement entered into by an | 30981 |
| educational service center governing board and another board or | 30982 |
| other public entity pursuant to section 3313.17, 3313.841, | 30983 |
| 3313.842, 3313.843, 3313.91, or 3323.08 of the Revised Code, | 30984 |
| including any such contract or agreement for the provision of | 30985 |
| services funded under division (L) of section 3317.024 of the | 30986 |
| Revised Code or provided in any unit approved under section | 30987 |
| 3317.05 of the Revised Code. | 30988 |
| (B) When, for any of the following reasons that apply to any | 30989 |
| city, exempted village, local, or joint vocational school district | 30990 |
| or any educational service center, the board decides that it will | 30991 |
| be necessary to reduce the number of teachers it employs, it may | 30992 |
| make a reasonable reduction: | 30993 |
| (1) In the case of any district or service center, return to | 30994 |
| duty of regular teachers after leaves of absence including leaves | 30995 |
| provided pursuant to division (B) of section 3314.10 of the | 30996 |
| Revised Code, suspension of schools, | 30997 |
| affecting the district or center, or financial reasons; | 30998 |
| (2) In the case of any city, exempted village, local, or | 30999 |
| joint vocational school district, decreased enrollment of pupils | 31000 |
| in the district; | 31001 |
| (3) In the case of any governing board of a service center | 31002 |
| providing any particular service directly to pupils pursuant to | 31003 |
| one or more interdistrict contracts requiring such service, | 31004 |
| reduction in the total number of pupils the governing board is | 31005 |
| required to provide with the service under all interdistrict | 31006 |
| contracts as a result of the termination or nonrenewal of one or | 31007 |
| more of these interdistrict contracts; | 31008 |
| (4) In the case of any governing board providing any | 31009 |
| particular service that it does not provide directly to pupils | 31010 |
| pursuant to one or more interdistrict contracts requiring such | 31011 |
| service, reduction in the total level of the service the governing | 31012 |
| board is required to provide under all interdistrict contracts as | 31013 |
| a result of the termination or nonrenewal of one or more of these | 31014 |
| interdistrict contracts. | 31015 |
| (C) In making any such reduction, any city, exempted village, | 31016 |
| local, or joint vocational school board shall proceed to suspend | 31017 |
| contracts in accordance with the recommendation of the | 31018 |
| superintendent of schools who shall, within each teaching field | 31019 |
| affected, give preference first to teachers on continuing | 31020 |
| contracts and then to teachers who have greater seniority. In | 31021 |
| making any such reduction, any governing board of a service center | 31022 |
| shall proceed to suspend contracts in accordance with the | 31023 |
| recommendation of the superintendent who shall, within each | 31024 |
| teaching field or service area affected, give preference first to | 31025 |
| teachers on continuing contracts and then to teachers who have | 31026 |
| greater seniority. | 31027 |
| On a case-by-case basis, in lieu of suspending a contract in | 31028 |
| whole, a board may suspend a contract in part, so that an | 31029 |
| individual is required to work a percentage of the time the | 31030 |
| employee otherwise is required to work under the contract and | 31031 |
| receives a commensurate percentage of the full compensation the | 31032 |
| employee otherwise would receive under the contract. | 31033 |
| The teachers whose continuing contracts are suspended by any | 31034 |
| board pursuant to this section shall have the right of restoration | 31035 |
| to continuing service status by that board in the order of | 31036 |
| seniority of service in the district or service center if and when | 31037 |
| teaching positions become vacant or are created for which any of | 31038 |
| such teachers are or become qualified. No teacher whose continuing | 31039 |
| contract has been suspended pursuant to this section shall lose | 31040 |
| that right of restoration to continuing service status by reason | 31041 |
| of having declined recall to a position that is less than | 31042 |
| full-time or, if the teacher was not employed full-time just prior | 31043 |
| to suspension of the teacher's continuing contract, to a position | 31044 |
| requiring a lesser percentage of full-time employment than the | 31045 |
| position the teacher last held while employed in the district or | 31046 |
| service center. | 31047 |
| (D) Notwithstanding any provision to the contrary in Chapter | 31048 |
| 4117. of the Revised Code, the requirements of this section | 31049 |
| prevail over any conflicting provisions of agreements between | 31050 |
| employee organizations and public employers entered into after the | 31051 |
| effective date of this amendment. | 31052 |
| Sec. 3319.172. The board of education of each school district | 31053 |
| wherein the provisions of Chapter 124. of the Revised Code do not | 31054 |
| apply and the governing board of each educational service center | 31055 |
| may adopt a resolution ordering reasonable reductions in the | 31056 |
| number of nonteaching employees for any of the reasons for which | 31057 |
| the board of education or governing board may make reductions in | 31058 |
| teaching employees, as set forth in division (B) of section | 31059 |
| 3319.17 of the Revised Code. | 31060 |
| In making any reduction under this section, the board of | 31061 |
| education or governing board shall proceed to suspend contracts in | 31062 |
| accordance with the recommendation of the superintendent of the | 31063 |
| district or service center who shall, within each pay | 31064 |
| classification affected, give preference first to employees under | 31065 |
| continuing contracts and then to employees on the basis of | 31066 |
| seniority. On a case-by-case basis, in lieu of suspending a | 31067 |
| contract in whole, a board may suspend a contract in part, so that | 31068 |
| an individual is required to work a percentage of the time the | 31069 |
| employee otherwise is required to work under the contract and | 31070 |
| receives a commensurate percentage of the full compensation the | 31071 |
| employee otherwise would receive under the contract. | 31072 |
| Any nonteaching employee whose continuing contract is | 31073 |
| suspended under this section shall have the right of restoration | 31074 |
| to continuing service status by the board of education or | 31075 |
| governing board that suspended that contract in order of seniority | 31076 |
| of service in the district or service center, if and when a | 31077 |
| nonteaching position for which the employee is qualified becomes | 31078 |
| vacant or is created. No nonteaching employee whose continuing | 31079 |
| contract has been suspended under this section shall lose that | 31080 |
| right of restoration to continuing service status by reason of | 31081 |
| having declined recall to a position requiring fewer regularly | 31082 |
| scheduled hours of work than required by the position the employee | 31083 |
| last held while employed in the district or service center. | 31084 |
| Notwithstanding any provision to the contrary in Chapter | 31085 |
| 4117. of the Revised Code, the requirements of this section | 31086 |
| prevail over any conflicting provisions of agreements between | 31087 |
| employee organizations and public employers entered into after the | 31088 |
| effective date of this section. | 31089 |
| Sec. 3319.22. (A)(1) The state board of education shall | 31090 |
| adopt rules establishing the standards and requirements for | 31091 |
| obtaining temporary, associate, provisional, and professional | 31092 |
| educator licenses of any categories, types, and levels the board | 31093 |
| elects to provide. However, no educator license shall be required | 31094 |
| for teaching children two years old or younger. | 31095 |
| (2) If the state board requires any examinations for educator | 31096 |
| licensure, the department of education shall provide the results | 31097 |
| of such examinations received by the department to the Ohio board | 31098 |
| of regents, in the manner and to the extent permitted by state and | 31099 |
| federal law. | 31100 |
| (B) Any rules the state board of education adopts, amends, or | 31101 |
| rescinds for educator licenses under this section, division (D) of | 31102 |
| section 3301.07 of the Revised Code, or any other law shall be | 31103 |
| adopted, amended, or rescinded under Chapter 119. of the Revised | 31104 |
| Code except as follows: | 31105 |
| (1) Notwithstanding division (D) of section 119.03 and | 31106 |
| division (A)(1) of section 119.04 of the Revised Code, in the case | 31107 |
| of the adoption of any rule or the amendment or rescission of any | 31108 |
| rule that necessitates institutions' offering teacher preparation | 31109 |
| programs that are approved by the state board of education under | 31110 |
| section 3319.23 of the Revised Code to revise the curriculum of | 31111 |
| those programs, the effective date shall not be as prescribed in | 31112 |
| division (D) of section 119.03 and division (A)(1) of section | 31113 |
| 119.04 of the Revised Code. Instead, the effective date of such | 31114 |
| rules, or the amendment or rescission of such rules, shall be the | 31115 |
| date prescribed by section 3319.23 of the Revised Code. | 31116 |
| (2) Notwithstanding the authority to adopt, amend, or rescind | 31117 |
| emergency rules in division (F) of section 119.03 of the Revised | 31118 |
| Code, this authority shall not apply to the state board of | 31119 |
| education with regard to rules for educator licenses. | 31120 |
| (C)(1) The rules adopted under this section establishing | 31121 |
| standards requiring additional coursework for the renewal of any | 31122 |
| educator license shall require a school district and a chartered | 31123 |
| nonpublic school to establish local professional development | 31124 |
| committees. In a nonpublic school, the chief administrative | 31125 |
| officer shall establish the committees in any manner acceptable to | 31126 |
| such officer. The committees established under this division shall | 31127 |
| determine whether coursework that a district or chartered | 31128 |
| nonpublic school teacher proposes to complete meets the | 31129 |
| requirement of the rules. The department of education shall | 31130 |
| provide technical assistance and support to committees as the | 31131 |
| committees incorporate the professional development standards | 31132 |
| adopted by the state board of education pursuant to section | 31133 |
| 3319.61 of the Revised Code into their review of coursework that | 31134 |
| is appropriate for license renewal. The rules shall establish a | 31135 |
| procedure by which a teacher may appeal the decision of a local | 31136 |
| professional development committee. | 31137 |
| (2) In any school district in which there is no exclusive | 31138 |
| representative established under Chapter 4117. of the Revised | 31139 |
| Code, the professional development committees shall be established | 31140 |
| as described in division (C)(2) of this section. | 31141 |
| Not later than the effective date of the rules adopted under | 31142 |
| this section, the board of education of each school district shall | 31143 |
| establish the structure for one or more local professional | 31144 |
| development committees to be operated by such school district. The | 31145 |
| committee structure so established by a district board shall | 31146 |
| remain in effect unless within thirty days prior to an anniversary | 31147 |
| of the date upon which the current committee structure was | 31148 |
| established, the board provides notice to all affected district | 31149 |
| employees that the committee structure is to be modified. | 31150 |
| Professional development committees may have a district-level or | 31151 |
| building-level scope of operations, and may be established with | 31152 |
| regard to particular grade or age levels for which an educator | 31153 |
| license is designated. | 31154 |
| Each professional development committee shall consist of at | 31155 |
| least three classroom teachers employed by the district, one | 31156 |
| principal employed by the district, and one other employee of the | 31157 |
| district appointed by the district superintendent. For committees | 31158 |
| with a building-level scope, the teacher and principal members | 31159 |
| shall be assigned to that building, and the teacher members shall | 31160 |
| be elected by majority vote of the classroom teachers assigned to | 31161 |
| that building. For committees with a district-level scope, the | 31162 |
| teacher members shall be elected by majority vote of the classroom | 31163 |
| teachers of the district, and the principal member shall be | 31164 |
| elected by a majority vote of the principals of the district, | 31165 |
| unless there are two or fewer principals employed by the district, | 31166 |
| in which case the one or two principals employed shall serve on | 31167 |
| the committee. If a committee has a particular grade or age level | 31168 |
| scope, the teacher members shall be licensed to teach such grade | 31169 |
| or age levels, and shall be elected by majority vote of the | 31170 |
| classroom teachers holding such a license and the principal shall | 31171 |
| be elected by all principals serving in buildings where any such | 31172 |
| teachers serve. The district superintendent shall appoint a | 31173 |
| replacement to fill any vacancy that occurs on a professional | 31174 |
| development committee, except in the case of vacancies among the | 31175 |
| elected classroom teacher members, which shall be filled by vote | 31176 |
| of the remaining members of the committee so selected. | 31177 |
| Terms of office on professional development committees shall | 31178 |
| be prescribed by the district board establishing the committees. | 31179 |
| The conduct of elections for members of professional development | 31180 |
| committees shall be prescribed by the district board establishing | 31181 |
| the committees. A professional development committee may include | 31182 |
| additional members, except that the majority of members on each | 31183 |
| such committee shall be classroom teachers employed by the | 31184 |
| district. Any member appointed to fill a vacancy occurring prior | 31185 |
| to the expiration date of the term for which a predecessor was | 31186 |
| appointed shall hold office as a member for the remainder of that | 31187 |
| term. | 31188 |
| The initial meeting of any professional development | 31189 |
| committee, upon election and appointment of all committee members, | 31190 |
| shall be called by a member designated by the district | 31191 |
| superintendent. At this initial meeting, the committee shall | 31192 |
| select a chairperson and such other officers the committee deems | 31193 |
| necessary, and shall adopt rules for the conduct of its meetings. | 31194 |
| Thereafter, the committee shall meet at the call of the | 31195 |
| chairperson or upon the filing of a petition with the district | 31196 |
| superintendent signed by a majority of the committee members | 31197 |
| calling for the committee to meet. | 31198 |
| (3) In the case of a school district in which an exclusive | 31199 |
| representative has been established pursuant to Chapter 4117. of | 31200 |
| the Revised Code, professional development committees shall be | 31201 |
| established in accordance with any collective bargaining agreement | 31202 |
| in effect in the district that includes provisions for such | 31203 |
| committees. | 31204 |
| If the collective bargaining agreement does not specify a | 31205 |
| different method for the selection of teacher members of the | 31206 |
| committees, the exclusive representative of the district's | 31207 |
| teachers shall select the teacher members. | 31208 |
| If the collective bargaining agreement does not specify a | 31209 |
| different structure for the committees, the board of education of | 31210 |
| the school district shall establish the structure, including the | 31211 |
| number of committees and the number of teacher and administrative | 31212 |
| members on each committee; the specific administrative members to | 31213 |
| be part of each committee; whether the scope of the committees | 31214 |
| will be district levels, building levels, or by type of grade or | 31215 |
| age levels for which educator licenses are designated; the lengths | 31216 |
| of terms for members; the manner of filling vacancies on the | 31217 |
| committees; and the frequency and time and place of meetings. | 31218 |
| However, in all cases, except as provided in division (C)(4) of | 31219 |
| this section, there shall be a majority of teacher members of any | 31220 |
| professional development committee, there shall be at least five | 31221 |
| total members of any professional development committee, and the | 31222 |
| exclusive representative shall designate replacement members in | 31223 |
| the case of vacancies among teacher members, unless the collective | 31224 |
| bargaining agreement specifies a different method of selecting | 31225 |
| such replacements. | 31226 |
| (4) Whenever an administrator's coursework plan is being | 31227 |
| discussed or voted upon, the local professional development | 31228 |
| committee shall, at the request of one of its administrative | 31229 |
| members, cause a majority of the committee to consist of | 31230 |
| administrative members by reducing the number of teacher members | 31231 |
| voting on the plan. | 31232 |
| (D)(1) The department of education, educational service | 31233 |
| centers, county boards of mental retardation and developmental | 31234 |
| disabilities, regional professional development centers, special | 31235 |
| education regional resource centers, college and university | 31236 |
| departments of education, head start programs, the eTech Ohio | 31237 |
| 31238 | |
| establish local professional development committees to determine | 31239 |
| whether the coursework proposed by their employees who are | 31240 |
| licensed or certificated under this section or section 3319.222 of | 31241 |
| the Revised Code meet the requirements of the rules adopted under | 31242 |
| this section. They may establish local professional development | 31243 |
| committees on their own or in collaboration with a school district | 31244 |
| or other agency having authority to establish them. | 31245 |
| Local professional development committees established by | 31246 |
| county boards of mental retardation and developmental disabilities | 31247 |
| shall be structured in a manner comparable to the structures | 31248 |
| prescribed for school districts in divisions (C)(2) and (3) of | 31249 |
| this section, as shall the committees established by any other | 31250 |
| entity specified in division (D)(1) of this section that provides | 31251 |
| educational services by employing or contracting for services of | 31252 |
| classroom teachers licensed or certificated under this section or | 31253 |
| section 3319.222 of the Revised Code. All other entities specified | 31254 |
| in division (D)(1) of this section shall structure their | 31255 |
| committees in accordance with guidelines which shall be issued by | 31256 |
| the state board. | 31257 |
| (2) Any public agency that is not specified in division | 31258 |
| (D)(1) of this section but provides educational services and | 31259 |
| employs or contracts for services of classroom teachers licensed | 31260 |
| or certificated under this section or section 3319.222 of the | 31261 |
| Revised Code may establish a local professional development | 31262 |
| committee, subject to the approval of the department of education. | 31263 |
| The committee shall be structured in accordance with guidelines | 31264 |
| issued by the state board. | 31265 |
| Sec. 3319.235. (A) The standards for the preparation of | 31266 |
| teachers adopted under section 3319.23 of the Revised Code shall | 31267 |
| require any institution that provides a course of study for the | 31268 |
| training of teachers to ensure that graduates of such course of | 31269 |
| study are skilled at integrating educational technology in the | 31270 |
| instruction of children, as evidenced by the graduate having | 31271 |
| either demonstrated proficiency in such skills in a manner | 31272 |
| prescribed by the department of education or completed a course | 31273 |
| that includes training in such skills. | 31274 |
| (B) The eTech Ohio | 31275 |
| 31276 | |
| professional development programs to assist teachers who completed | 31277 |
| their teacher preparation prior to the effective date of division | 31278 |
| (A) of this section to become skilled at integrating educational | 31279 |
| technology in the instruction of children. The commission shall | 31280 |
| provide technical assistance to school districts wishing to | 31281 |
| establish such programs. | 31282 |
| Sec. 3319.55. (A) A grant program is hereby established to | 31283 |
| recognize and reward teachers in public and chartered nonpublic | 31284 |
| schools who hold valid teaching certificates or licenses issued by | 31285 |
| the national board for professional teaching standards. The | 31286 |
| superintendent of public instruction shall administer this program | 31287 |
| in accordance with this section and rules which the state board of | 31288 |
| education shall adopt in accordance with Chapter 119. of the | 31289 |
| Revised Code. | 31290 |
| In each fiscal year that the general assembly appropriates | 31291 |
| funds for purposes of this section, the superintendent of public | 31292 |
| instruction shall award a grant to each person who, by the first | 31293 |
| day of April of that year and in accordance with the rules adopted | 31294 |
| under this section, submits to the superintendent evidence | 31295 |
| indicating all of the following: | 31296 |
| (1) The person holds a valid certificate or license issued by | 31297 |
| the national board for professional teaching standards; | 31298 |
| (2) The person has been employed full-time as a teacher by | 31299 |
| the board of education of a school district or by a chartered | 31300 |
| nonpublic school in this state during the current school year; | 31301 |
| (3) The date the person was accepted into the national board | 31302 |
| certification or licensure program. | 31303 |
| An individual may receive a grant under this section in each | 31304 |
| fiscal year the person is eligible for a grant and submits | 31305 |
| evidence of that eligibility in accordance with this section. No | 31306 |
| person may receive a grant after the expiration of the person's | 31307 |
| initial certification or license issued by the national board. | 31308 |
| (B) The amount of the grant awarded to each eligible person | 31309 |
| under division (A) of this section in any fiscal year shall equal | 31310 |
| the following: | 31311 |
| (1) Two thousand five hundred dollars for any teacher | 31312 |
| accepted as a candidate for certification or licensure by the | 31313 |
| national board on or before May 31, 2003, and issued a certificate | 31314 |
| or license by the national board on or before December 31, 2004; | 31315 |
| (2) One thousand dollars for any other teacher issued a | 31316 |
| certificate or license by the national board. | 31317 |
| However, if the funds appropriated for purposes of this | 31318 |
| section in any fiscal year are not sufficient to award the full | 31319 |
| grant amount to each person who is eligible in that fiscal year, | 31320 |
| the superintendent shall prorate the amount of the grant awarded | 31321 |
| in that fiscal year to each eligible person. | 31322 |
| Sec. 3323.021. As used in this section, "participating | 31323 |
| county MR/DD board" means a county board of mental retardation and | 31324 |
| developmental disabilities electing to participate in the | 31325 |
| provision of or contracting for educational services for children | 31326 |
| under division (D) of section 5126.05 of the Revised Code. | 31327 |
| (A) When a school district, educational service center, or | 31328 |
| participating county MR/DD board enters into an agreement or | 31329 |
| contract with another school district, educational service center, | 31330 |
| or participating county MR/DD board to provide educational | 31331 |
| services to a disabled child during a school year, both of the | 31332 |
| following shall apply: | 31333 |
| (1) Beginning with fiscal year 1999, if the provider of the | 31334 |
| services intends to increase the amount it charges for some or all | 31335 |
| of those services during the next school year or if the provider | 31336 |
| intends to cease offering all or part of those services during the | 31337 |
| next school year, the provider shall notify the entity for which | 31338 |
| the services are provided of these intended changes no later that | 31339 |
| the first day of March of the current fiscal year. | 31340 |
| (2) Beginning with fiscal year 1999, if the entity for which | 31341 |
| services are provided intends to cease obtaining those services | 31342 |
| from the provider for the next school year or intends to change | 31343 |
| the type or amount of services it obtains from the provider for | 31344 |
| the next school year, the entity shall notify the service provider | 31345 |
| of these intended changes no later than the first day of March of | 31346 |
| the current fiscal year. | 31347 |
| (B) School districts, educational service centers, | 31348 |
| participating county MR/DD boards, and other applicable | 31349 |
| governmental entities shall collaborate where possible to maximize | 31350 |
|
federal sources of revenue | 31351 |
| 31352 | |
| 31353 | |
| special education related services for disabled children. | 31354 |
| Annually, each school district shall report to the department of | 31355 |
| education any amounts of money the district received through such | 31356 |
| medical assistance program. | 31357 |
| (C) The state board of education, the department of mental | 31358 |
| retardation and developmental disabilities, and the department of | 31359 |
| job and family services shall develop working agreements for | 31360 |
| pursuing additional funds for services for disabled children. | 31361 |
| Sec. 3323.091. (A) The department of mental health, the | 31362 |
| department of mental retardation and developmental disabilities, | 31363 |
| the department of youth services, and the department of | 31364 |
| rehabilitation and correction shall establish and maintain special | 31365 |
| education programs for handicapped children in institutions under | 31366 |
| their jurisdiction according to standards adopted by the state | 31367 |
|
board of education. | 31368 |
| (B) The superintendent of each state institution required to | 31369 |
| provide services under division (A) of this section, and each | 31370 |
| county MR/DD board, providing special education for handicapped | 31371 |
| preschool children under this chapter may apply to the state | 31372 |
| department of education for unit funding, which shall be paid in | 31373 |
| accordance with sections 3317.052 and 3317.053 of the Revised | 31374 |
| Code. | 31375 |
| | 31376 |
| to provide services under division (A) of this section may apply | 31377 |
| to the department of education for special education and related | 31378 |
| services weighted funding for handicapped children other than | 31379 |
| handicapped preschool children, calculated in accordance with | 31380 |
| section 3317.201 of the Revised Code. | 31381 |
| Each county MR/DD board providing special education for | 31382 |
| handicapped children other than handicapped preschool children may | 31383 |
| apply to the department of education for base cost and special | 31384 |
| education and related services weighted funding calculated in | 31385 |
| accordance with section 3317.20 of the Revised Code. | 31386 |
| (C) In addition to the authorization to apply for state | 31387 |
| funding described in division (B) of this section, each state | 31388 |
| institution required to provide services under division (A) of | 31389 |
| this section is entitled to tuition payments calculated in the | 31390 |
| manner described in division (C) of this section. | 31391 |
| On or before the thirtieth day of June of each year, the | 31392 |
| superintendent of each institution that during the school year | 31393 |
| provided special education pursuant to this section shall prepare | 31394 |
| a statement for each handicapped child under twenty-two years of | 31395 |
| age who has received special education. The statement shall | 31396 |
| contain the child's name and the name of the child's school | 31397 |
| district of residence. Within sixty days after receipt of such | 31398 |
| statement, the department of education shall perform one of the | 31399 |
| following: | 31400 |
| (1) For any child except a handicapped preschool child | 31401 |
|
described in division | 31402 |
| institution submitting the statement an amount equal to the | 31403 |
| tuition calculated under division (A) of section 3317.08 of the | 31404 |
| Revised Code for the period covered by the statement, and deduct | 31405 |
| the same from the amount of state funds, if any, payable under | 31406 |
| sections 3317.022 and 3317.023 of the Revised Code, to the child's | 31407 |
| school district of residence or, if the amount of such state funds | 31408 |
| is insufficient, require the child's school district of residence | 31409 |
| to pay the institution submitting the statement an amount equal to | 31410 |
| the amount determined under this division. | 31411 |
| (2) For any handicapped preschool child not included in a | 31412 |
| unit approved under division (B) of section 3317.05 of the Revised | 31413 |
| Code, perform the following: | 31414 |
| (a) Pay to the institution submitting the statement an amount | 31415 |
| equal to the tuition calculated under division (B) of section | 31416 |
| 3317.08 of the Revised Code for the period covered by the | 31417 |
| statement, except that in calculating the tuition under that | 31418 |
| section the operating expenses of the institution submitting the | 31419 |
| statement under this section shall be used instead of the | 31420 |
| operating expenses of the school district of residence; | 31421 |
| (b) Deduct from the amount of state funds, if any, payable | 31422 |
| under sections 3317.022 and 3317.023 of the Revised Code to the | 31423 |
| child's school district of residence an amount equal to the amount | 31424 |
|
paid under division | 31425 |
| Sec. 3323.14. This section does not apply to any handicapped | 31426 |
| preschool child except if included in a unit approved under | 31427 |
| division (B) of section 3317.05 of the Revised Code. | 31428 |
| (A) Where a child who is a school resident of one school | 31429 |
| district receives special education from another district and the | 31430 |
| per capita cost to the educating district for that child exceeds | 31431 |
| the sum of the amount received by the educating district for that | 31432 |
| child under division (A) of section 3317.08 of the Revised Code | 31433 |
| and the amount received by the district from the state board of | 31434 |
| education for that child, then the board of education of the | 31435 |
| district of residence shall pay | 31436 |
| school district that is providing the special education such | 31437 |
| excess cost as is determined by using a formula approved by the | 31438 |
| department of education and agreed upon in contracts entered into | 31439 |
| by the boards of the district concerned at the time the district | 31440 |
| providing such special education accepts the child for enrollment. | 31441 |
| The department of education shall certify the amount of the | 31442 |
| payments under Chapter 3317. of the Revised Code for such | 31443 |
| handicapped pupils for each school year ending on the thirtieth | 31444 |
| day of July. | 31445 |
| (B) In the case of a child described in division (A) of this | 31446 |
| section who has been placed in a home, as defined in section | 31447 |
| 3313.64 of the Revised Code, pursuant to the order of a court and | 31448 |
| who is not subject to section 3323.141 of the Revised Code, the | 31449 |
| district providing the child with special education and related | 31450 |
| services may charge to the child's district of residence the | 31451 |
| excess cost determined by formula approved by the department, | 31452 |
| regardless of whether the district of residence has entered into a | 31453 |
| contract with the district providing the services. If the district | 31454 |
| providing the services chooses to charge excess costs, the | 31455 |
| district may report the amount calculated under this division to | 31456 |
| the department. | 31457 |
| (C) If a district providing special education for a child | 31458 |
| reports an amount for the excess cost of those services, as | 31459 |
| authorized and calculated under division (A) or (B) of this | 31460 |
| section, the department shall pay that amount of excess cost to | 31461 |
| the district providing the services and shall deduct that amount | 31462 |
| from the child's district of residence in accordance with division | 31463 |
| (N) of section 3317.023 of the Revised Code. | 31464 |
| Sec. 3323.16. No unit for deaf children shall be disapproved | 31465 |
| for funding
under division (B) | 31466 |
| Revised Code on the basis of the methods of instruction used in | 31467 |
| educational programs in the school district or institution to | 31468 |
| teach deaf children to communicate, and no preference in approving | 31469 |
| units for funding shall be given for teaching deaf children by the | 31470 |
| oral, manual, total communication, or other method of instruction. | 31471 |
| | 31472 |
| 31473 | |
| disabilities begins receiving services for the first time under an | 31474 |
| individualized education program | 31475 |
| 31476 | |
| enrolled shall require the student to undergo a comprehensive eye | 31477 |
| examination performed either by an optometrist licensed under | 31478 |
| Chapter 4725. of the Revised Code or by a physician authorized | 31479 |
| under Chapter 4731. of the Revised Code to practice medicine and | 31480 |
| surgery or osteopathic medicine and surgery who is comprehensively | 31481 |
| trained and educated in the treatment of the human eye, eye | 31482 |
| disease, or comprehensive vision services, unless the student | 31483 |
| underwent such an examination within the nine-month period | 31484 |
| immediately prior to being identified with disabilities. | 31485 |
| However, no student who has not undergone the eye examination | 31486 |
| required under this section shall be prohibited from initiating, | 31487 |
| receiving, or continuing to receive services prescribed in the | 31488 |
| student's individualized education program. | 31489 |
| (B) The superintendent of each school district or the | 31490 |
| superintendent's designee may determine fulfillment of the | 31491 |
| requirement prescribed in division (A) of this section based on | 31492 |
| any special circumstances of the student, the student's parent, | 31493 |
| guardian, or family that may prevent the student from undergoing | 31494 |
| the eye examination prior to beginning special education services. | 31495 |
| (C) Except for a student who may be entitled to a | 31496 |
| comprehensive eye examination in the identification of the | 31497 |
| student's disabilities, in the development of the student's | 31498 |
| individualized education program, or as a related service under | 31499 |
| the student's individualized education program, neither the state | 31500 |
| nor any school district shall be responsible for paying for the | 31501 |
| eye examination required by this section. | 31502 |
| Sec. 3323.20. On or before the first day of January of each | 31503 |
| year, the department of education shall report to the general | 31504 |
| assembly the number of handicapped preschool children receiving | 31505 |
| services as reported to the United States department of education | 31506 |
| during the previous December. | 31507 |
| Sec. 3323.30. The Ohio center for autism and low incidence | 31508 |
| is hereby established within the department of education's office | 31509 |
| for exceptional children, or any successor of that office. The | 31510 |
| center shall administer programs and coordinate services for | 31511 |
| infants, preschool and school-age children, and adults with autism | 31512 |
| and low incidence disabilities. The center's principal focus shall | 31513 |
| be programs and services for persons with autism. The center shall | 31514 |
| be under the direction of an executive director, appointed by the | 31515 |
| superintendent of public instruction in consultation with the | 31516 |
| advisory board established under section 3323.31 of the Revised | 31517 |
| Code. The department shall use state and federal funds | 31518 |
| appropriated to the department for operation of the center. | 31519 |
| As used in this section and in sections 3323.31 to 3323.33 of | 31520 |
| the Revised Code, "autism and low incidence disabilities" includes | 31521 |
| any of the following: | 31522 |
| (A) Autism; | 31523 |
| (B) Deafness or hearing handicap; | 31524 |
| (C) Multihandicap; | 31525 |
| (D) Orthopedic handicap; | 31526 |
| (E) Other health handicap; | 31527 |
| (F) Traumatic brain injury; | 31528 |
| (G) Visual disability. | 31529 |
| Sec. 3323.31. The superintendent of public instruction shall | 31530 |
| establish an advisory board to assist and advise the department of | 31531 |
| education in the operation of the Ohio center for autism and low | 31532 |
| incidence. As determined by the superintendent, the advisory board | 31533 |
| shall consist of individuals who are stakeholders in the service | 31534 |
| to persons with autism and low incidence disabilities, including, | 31535 |
| but not limited to, the following: | 31536 |
| (A) Persons with autism and low incidence disabilities; | 31537 |
| (B) Parents and family members; | 31538 |
| (C) Educators and other professionals; | 31539 |
| (D) Higher education instructors; | 31540 |
| (E) Representatives of state agencies. | 31541 |
| The advisory board shall be organized as determined by the | 31542 |
| superintendent. | 31543 |
| Members of the advisory board shall receive no compensation | 31544 |
| for their services. | 31545 |
| Sec. 3323.32. The Ohio center for autism and low incidence | 31546 |
| shall do all of the following: | 31547 |
| (A) Collaborate and consult with state agencies that serve | 31548 |
| persons with autism and low incidence disabilities; | 31549 |
| (B) Collaborate and consult with institutions of higher | 31550 |
| education in development and implementation of courses for | 31551 |
| educators and other professionals serving persons with autism and | 31552 |
| low incidence disabilities; | 31553 |
| (C) Collaborate with parent and professional organizations; | 31554 |
| (D) Create and implement programs for professional | 31555 |
| development, technical assistance, intervention services, and | 31556 |
| research in the treatment of persons with autism and low incidence | 31557 |
| disabilities; | 31558 |
| (E) Create a regional network for communication and | 31559 |
| dissemination of information among educators and professionals | 31560 |
| serving persons with autism and low incidence disabilities. The | 31561 |
| regional network shall address educational services, evaluation, | 31562 |
| diagnosis, assistive technology, family support, leisure and | 31563 |
| recreational activities, transition, employment and adult | 31564 |
| services, and medical care for persons with autism and low | 31565 |
| incidence disabilities. | 31566 |
| (F) Develop a statewide clearinghouse for information about | 31567 |
| autism spectrum disorders and low incidence disabilities, as | 31568 |
| described in section 3323.33 of the Revised Code. | 31569 |
| Sec. 3323.33. In developing a clearinghouse for information | 31570 |
| about autism spectrum disorders and low incidence disabilities, as | 31571 |
| required under section 3323.32 of the Revised Code, the Ohio | 31572 |
| center for autism and low incidence shall do all of the following: | 31573 |
| (A) Maintain a collection of resources for public | 31574 |
| distribution; | 31575 |
| (B) Monitor information on resources, trends, policies, | 31576 |
| services, and current educational interventions; | 31577 |
| (C) Respond to requests for information from parents and | 31578 |
| educators of children with autism and low incidence disabilities. | 31579 |
| Sec. 3325.10. The state school for the blind may receive and | 31580 |
| administer any federal funds relating to the education of blind or | 31581 |
| visually impaired students. The school for the blind also may | 31582 |
| accept and administer any gifts, donations, or bequests made to it | 31583 |
| for programs or services relating to the education of blind or | 31584 |
| visually impaired students. | 31585 |
| Sec. 3325.11. There is hereby created in the state treasury | 31586 |
| the state school for the blind student activity and work-study | 31587 |
| fund. Moneys received from donations, bequests, the school | 31588 |
| vocational program, and any other moneys designated for deposit in | 31589 |
| the fund by the superintendent of the state school for the blind | 31590 |
| shall be credited to the fund. Notwithstanding section 3325.01 of | 31591 |
| the Revised Code, the approval of the state board of education is | 31592 |
| not required to designate money for deposit into the fund. The | 31593 |
| school for the blind shall use money in the fund for school | 31594 |
| operating expenses, including, but not limited to, personal | 31595 |
| services, maintenance, and equipment related to student support, | 31596 |
| activities, and vocational programs, and for providing | 31597 |
| scholarships to students for further training upon graduation. | 31598 |
| Sec. 3325.12. There is hereby created the state school for | 31599 |
| the blind student account fund, which shall be in the custody of | 31600 |
| the treasurer of state but shall not be part of the state | 31601 |
| treasury. The fund shall consist of all moneys received from the | 31602 |
| parents or guardians of students attending the state school for | 31603 |
| the blind that are designated for use by the respective students | 31604 |
| in activities of their choice. The treasurer of state may invest | 31605 |
| any portion of the fund not needed for immediate use in the same | 31606 |
| manner as, and subject to laws regarding the investment of, state | 31607 |
| funds. The treasurer of state shall disburse money from the fund | 31608 |
| on order of the superintendent of the state school for the blind | 31609 |
| or the superintendent's designee. All investment earnings of the | 31610 |
| fund shall be credited to the fund and allocated among the student | 31611 |
| accounts in proportion to the amount invested from each student's | 31612 |
| account. | 31613 |
| Sec. 3325.15. The state school for the deaf may receive and | 31614 |
| administer any federal funds relating to the education of deaf or | 31615 |
| hearing-impaired students. The school for the deaf also may accept | 31616 |
| and administer any gifts, donations, or bequests given to it for | 31617 |
| programs or services relating to the education of deaf or | 31618 |
| hearing-impaired students. | 31619 |
| Sec. 3325.16. There is hereby created in the state treasury | 31620 |
| the state school for the deaf educational program expenses fund. | 31621 |
| Moneys received by the school from donations, bequests, student | 31622 |
| fundraising activities, fees charged for camps and workshops, gate | 31623 |
| receipts from athletic contests, and the student work experience | 31624 |
| program operated by the school, and any other moneys designated | 31625 |
| for deposit in the fund by the superintendent of the school, shall | 31626 |
| be credited to the fund. Notwithstanding section 3325.01 of the | 31627 |
| Revised Code, the approval of the state board of education is not | 31628 |
| required to designate money for deposit into the fund. The state | 31629 |
| school for the deaf shall use moneys in the fund for educational | 31630 |
| programs, after-school activities, and expenses associated with | 31631 |
| student activities and clubs. | 31632 |
| Sec. 3325.17. There is hereby created the state school for | 31633 |
| the deaf student account fund, which shall be in the custody of | 31634 |
| the treasurer of state but shall not be part of the state | 31635 |
| treasury. The fund shall consist of all moneys received from the | 31636 |
| parents or guardians of students attending the state school for | 31637 |
| the deaf that are designated for use by the respective students in | 31638 |
| activities of their choice. The treasurer of state may invest any | 31639 |
| portion of the fund not needed for immediate use in the same | 31640 |
| manner as, and subject to laws regarding the investment of, state | 31641 |
| funds. The treasurer of state shall disburse money from the fund | 31642 |
| on order of the superintendent of the state school for the deaf or | 31643 |
| the superintendent's designee. All investment earnings of the fund | 31644 |
| shall be credited to the fund and allocated among the student | 31645 |
| accounts in proportion to the amount invested from each student's | 31646 |
| account. | 31647 |
| Sec. 3327.01. Notwithstanding division (D) of section | 31648 |
| 3311.19 and division (D) of section 3311.52 of the Revised Code, | 31649 |
| this section and sections 3327.011, 3327.012, and 3327.02 of the | 31650 |
| Revised Code do not apply to any joint vocational or cooperative | 31651 |
| education school district. | 31652 |
| In all city, local, and exempted village school districts | 31653 |
| where resident school pupils in grades kindergarten through eight | 31654 |
| live more than two miles from the school for which the state board | 31655 |
| of education prescribes minimum standards pursuant to division (D) | 31656 |
| of section 3301.07 of the Revised Code and to which they are | 31657 |
| assigned by the board of education of the district of residence or | 31658 |
| to and from the nonpublic or community school which they attend | 31659 |
| the board of education shall provide transportation for such | 31660 |
| pupils to and from such school except as provided in section | 31661 |
| 3327.02 of the Revised Code. | 31662 |
| In all city, local, and exempted village school districts | 31663 |
| where pupil transportation is required under a career-technical | 31664 |
| plan approved by the state board of education under section | 31665 |
| 3313.90 of the Revised Code, for any student attending a | 31666 |
| career-technical program operated by another school district, | 31667 |
| including a joint vocational school district, as prescribed under | 31668 |
| that section, the board of education of the student's district of | 31669 |
| residence shall provide transportation from the public high school | 31670 |
| operated by that district to which the student is assigned to the | 31671 |
| career-technical program. | 31672 |
| In all city, local, and exempted village school districts the | 31673 |
| board may provide transportation for resident school pupils in | 31674 |
| grades nine through twelve to and from the high school to which | 31675 |
| they are assigned by the board of education of the district of | 31676 |
| residence or to and from the nonpublic or community high school | 31677 |
| which they attend for which the state board of education | 31678 |
| prescribes minimum standards pursuant to division (D) of section | 31679 |
| 3301.07 of the Revised Code. | 31680 |
| A board of education shall not be required to transport | 31681 |
| elementary or high school pupils to and from a nonpublic or | 31682 |
| community school where such transportation would require more than | 31683 |
| thirty minutes of direct travel time as measured by school bus | 31684 |
| from the public school building to which the pupils would be | 31685 |
| assigned if attending the public school designated by the district | 31686 |
| of residence. | 31687 |
| Where it is impractical to transport a pupil by school | 31688 |
| conveyance, a board of education may offer payment, in lieu of | 31689 |
| providing such transportation in accordance with section 3327.02 | 31690 |
| of the Revised Code. | 31691 |
| In all city, local, and exempted village school districts the | 31692 |
| board shall provide transportation for all children who are so | 31693 |
| crippled that they are unable to walk to and from the school for | 31694 |
| which the state board of education prescribes minimum standards | 31695 |
| pursuant to division (D) of section 3301.07 of the Revised Code | 31696 |
| and which they attend. In case of dispute whether the child is | 31697 |
| able to walk to and from the school, the health commissioner shall | 31698 |
| be the judge of such ability. In all city, exempted village, and | 31699 |
| local school districts the board shall provide transportation to | 31700 |
| and from school or special education classes for educable mentally | 31701 |
| retarded children in accordance with standards adopted by the | 31702 |
| state board of education. | 31703 |
| When transportation of pupils is provided the conveyance | 31704 |
| shall be run on a time schedule that shall be adopted and put in | 31705 |
| force by the board not later than ten days after the beginning of | 31706 |
| the school term. | 31707 |
| The cost of any transportation service authorized by this | 31708 |
| section shall be paid first out of federal funds, if any, | 31709 |
| available for the purpose of pupil transportation, and secondly | 31710 |
| out of state appropriations, in accordance with regulations | 31711 |
| adopted by the state board of education. | 31712 |
| No transportation of any pupils shall be provided by any | 31713 |
| board of education to or from any school which in the selection of | 31714 |
| pupils, faculty members, or employees, practices discrimination | 31715 |
| against any person on the grounds of race, color, religion, or | 31716 |
| national origin. | 31717 |
| Sec. 3332.092. Any school subject to this chapter receiving | 31718 |
| money under section 3333.12 or 3333.122 of the Revised Code on | 31719 |
| behalf of a student who is determined by the state board of career | 31720 |
| colleges and schools to be ineligible under such section because | 31721 |
| the program in which the student is enrolled does not lead to an | 31722 |
| associate or baccalaureate degree, shall be liable to the state | 31723 |
| for the amount specified in section 3333.12 or 3333.122 of the | 31724 |
| Revised Code. The state board of career colleges and schools shall | 31725 |
| suspend the certificate of registration of a school receiving | 31726 |
| money under section 3333.12 or 3333.122 of the Revised Code for | 31727 |
| such ineligible student until such time as the money is repaid to | 31728 |
| the Ohio board of regents. | 31729 |
| Sec. 3333.04. The Ohio board of regents shall: | 31730 |
| (A) Make studies of state policy in the field of higher | 31731 |
| education and formulate a master plan for higher education for the | 31732 |
| state, considering the needs of the people, the needs of the | 31733 |
| state, and the role of individual public and private institutions | 31734 |
| within the state in fulfilling these needs; | 31735 |
| (B)(1) Report annually to the governor and the general | 31736 |
| assembly on the findings from its studies and the master plan for | 31737 |
| higher education for the state; | 31738 |
| (2) Report at least semiannually to the general assembly and | 31739 |
| the governor the enrollment numbers at each state-assisted | 31740 |
| institution of higher education. | 31741 |
| (C) Approve or disapprove the establishment of new branches | 31742 |
| or academic centers of state colleges and universities; | 31743 |
| (D) Approve or disapprove the establishment of state | 31744 |
| technical colleges or any other state institution of higher | 31745 |
| education; | 31746 |
| (E) Recommend the nature of the programs, undergraduate, | 31747 |
| graduate, professional, state-financed research, and public | 31748 |
| services which should be offered by the state colleges, | 31749 |
| universities, and other state-assisted institutions of higher | 31750 |
| education in order to utilize to the best advantage their | 31751 |
| facilities and personnel; | 31752 |
| (F) Recommend to the state colleges, universities, and other | 31753 |
| state-assisted institutions of higher education graduate or | 31754 |
| professional programs, including, but not limited to, doctor of | 31755 |
| philosophy, doctor of education, and juris doctor programs, that | 31756 |
| could be eliminated because they constitute unnecessary | 31757 |
| duplication, as shall be determined using the process developed | 31758 |
| pursuant to this section, or for other good and sufficient cause. | 31759 |
| For purposes of determining the amounts of any state instructional | 31760 |
| subsidies paid to these colleges, universities, and institutions, | 31761 |
| the board may exclude students enrolled in any program that the | 31762 |
| board has recommended for elimination pursuant to this division | 31763 |
| except that the board shall not exclude any such student who | 31764 |
| enrolled in the program prior to the date on which the board | 31765 |
| initially commences to exclude students under this division. The | 31766 |
| board of regents and these colleges, universities, and | 31767 |
| institutions shall jointly develop a process for determining which | 31768 |
| existing graduate or professional programs constitute unnecessary | 31769 |
| duplication. | 31770 |
| (G) Recommend to the state colleges, universities, and other | 31771 |
| state-assisted institutions of higher education programs which | 31772 |
| should be added to their present programs; | 31773 |
| (H) Conduct studies for the state colleges, universities, and | 31774 |
| other state-assisted institutions of higher education to assist | 31775 |
| them in making the best and most efficient use of their existing | 31776 |
| facilities and personnel; | 31777 |
| (I) Make recommendations to the governor and general assembly | 31778 |
| concerning the development of state-financed capital plans for | 31779 |
| higher education; the establishment of new state colleges, | 31780 |
| universities, and other state-assisted institutions of higher | 31781 |
| education; and the establishment of new programs at the existing | 31782 |
| state colleges, universities, and other institutions of higher | 31783 |
| education; | 31784 |
| (J) Review the appropriation requests of the public community | 31785 |
| colleges and the state colleges and universities and submit to the | 31786 |
| office of budget and management and to the chairpersons of the | 31787 |
| finance committees of the house of representatives and of the | 31788 |
| senate its recommendations in regard to the biennial higher | 31789 |
| education appropriation for the state, including appropriations | 31790 |
| for the individual state colleges and universities and public | 31791 |
| community colleges. For the purpose of determining the amounts of | 31792 |
| instructional subsidies to be paid to state-assisted colleges and | 31793 |
| universities, the board shall define "full-time equivalent | 31794 |
| student" by program per academic year. The definition may take | 31795 |
| into account the establishment of minimum enrollment levels in | 31796 |
| technical education programs below which support allowances will | 31797 |
| not be paid. Except as otherwise provided in this section, the | 31798 |
| board shall make no change in the definition of "full-time | 31799 |
| equivalent student" in effect on November 15, 1981, which would | 31800 |
| increase or decrease the number of subsidy-eligible full-time | 31801 |
| equivalent students, without first submitting a fiscal impact | 31802 |
| statement to the president of the senate, the speaker of the house | 31803 |
| of representatives,
| 31804 |
| legislative service commission, and the director of budget and | 31805 |
| management. The board shall work in close cooperation with the | 31806 |
| director of budget and management in this respect and in all other | 31807 |
| matters concerning the expenditures of appropriated funds by state | 31808 |
| colleges, universities, and other institutions of higher | 31809 |
| education. | 31810 |
| (K) Seek the cooperation and advice of the officers and | 31811 |
| trustees of both public and private colleges, universities, and | 31812 |
| other institutions of higher education in the state in performing | 31813 |
| its duties and making its plans, studies, and recommendations; | 31814 |
| (L) Appoint advisory committees consisting of persons | 31815 |
| associated with public or private secondary schools, members of | 31816 |
| the state board of education, or personnel of the state department | 31817 |
| of education; | 31818 |
| (M) Appoint advisory committees consisting of college and | 31819 |
| university personnel, or other persons knowledgeable in the field | 31820 |
| of higher education, or both, in order to obtain their advice and | 31821 |
| assistance in defining and suggesting solutions for the problems | 31822 |
| and needs of higher education in this state; | 31823 |
| (N) Approve or disapprove all new degrees and new degree | 31824 |
| programs at all state colleges, universities, and other | 31825 |
| state-assisted institutions of higher education; | 31826 |
| (O) Adopt such rules as are necessary to carry out its duties | 31827 |
| and responsibilities; | 31828 |
| (P) Establish and submit to the governor and the general | 31829 |
| assembly a clear and measurable set of goals and timetables for | 31830 |
| their achievement for each program under the supervision of the | 31831 |
| board that is designed to accomplish any of the following: | 31832 |
| (1) Increased access to higher education; | 31833 |
| (2) Job training; | 31834 |
| (3) Adult literacy; | 31835 |
| (4) Research; | 31836 |
| (5) Excellence in higher education; | 31837 |
| (6) Reduction in the number of graduate programs within the | 31838 |
| same subject area. | 31839 |
| In July of each odd-numbered year, the board of regents shall | 31840 |
| submit to the governor and the general assembly a report on | 31841 |
| progress made toward these goals. | 31842 |
| (Q) Make recommendations to the governor and the general | 31843 |
| assembly regarding the design and funding of the student financial | 31844 |
| aid programs specified in sections 3333.12, 3333.122, 3333.21 to | 31845 |
| 3333.27, and 5910.02 of the Revised Code; | 31846 |
| (R) Participate in education-related state or federal | 31847 |
| programs on behalf of the state and assume responsibility for the | 31848 |
| administration of such programs in accordance with applicable | 31849 |
| state or federal law; | 31850 |
| (S) Adopt rules for student financial aid programs as | 31851 |
| required by sections 3333.12, 3333.122, 3333.21 to 3333.27, | 31852 |
| 3333.28, 3333.29, and 5910.02 of the Revised Code, and perform any | 31853 |
| other administrative functions assigned to the board by those | 31854 |
| sections; | 31855 |
| (T) Administer contracts under sections 3702.74 and 3702.75 | 31856 |
| of the Revised Code in accordance with rules adopted by the | 31857 |
| director of health under section 3702.79 of the Revised Code; | 31858 |
| (U) Conduct enrollment audits of state-supported institutions | 31859 |
| of higher education; | 31860 |
| (V) Appoint consortiums of college and university personnel | 31861 |
| to participate in the development and operation of statewide | 31862 |
| collaborative efforts, including the Ohio supercomputer center, | 31863 |
| the Ohio academic resources network, OhioLink, and the Ohio | 31864 |
| learning network. For each consortium, the board shall designate a | 31865 |
| college or university to serve as that consortium's fiscal agent, | 31866 |
| financial officer, and employer. Any funds appropriated to the | 31867 |
| board for consortiums shall be distributed to the fiscal agents | 31868 |
| for the operation of the consortiums. A consortium shall follow | 31869 |
| the rules of the college or university that serves as its fiscal | 31870 |
| agent. | 31871 |
| Sec. 3333.044. (A) The Ohio board of regents may contract | 31872 |
| with any consultants that are necessary for the discharge of the | 31873 |
| board's duties under this chapter. | 31874 |
| (B) The Ohio board of regents may purchase, upon the terms | 31875 |
| that the board determines to be advisable, one or more policies of | 31876 |
| insurance from insurers authorized to do business in this state | 31877 |
| that insure consultants who have contracted with the board under | 31878 |
| division (A) of this section or members of an advisory committee | 31879 |
| appointed under section 3333.04 of the Revised Code, with respect | 31880 |
| to the activities of the consultants or advisory committee members | 31881 |
| in the course of the performance of their responsibilities as | 31882 |
| consultants or advisory committee members. | 31883 |
| (C) Subject to the approval of the controlling board, the | 31884 |
| Ohio board of regents may contract with any entities for the | 31885 |
| discharge of the board's duties and responsibilities under any of | 31886 |
| the programs established pursuant to sections 3333.12, 3333.122, | 31887 |
| 3333.21 to 3333.28, 3702.71 to 3702.81, and 5120.55, and Chapter | 31888 |
| 5910. of the Revised Code. The board shall not enter into a | 31889 |
| contract under this division unless the proposed contractor | 31890 |
| demonstrates that its primary purpose is to promote access to | 31891 |
| higher education by providing student financial assistance through | 31892 |
| loans, grants, or scholarships, and by providing high quality | 31893 |
| support services and information to students and their families | 31894 |
| with regard to such financial assistance. | 31895 |
| Chapter 125. of the Revised Code does not apply to contracts | 31896 |
| entered into pursuant to this section. In awarding contracts under | 31897 |
| this division, the board shall consider factors such as the cost | 31898 |
| of the administration of the contract, the experience of the | 31899 |
| contractor, and the contractor's ability to properly execute the | 31900 |
| contract. | 31901 |
| Sec. 3333.047. With regard to any state student financial aid | 31902 |
| program established in this chapter, Chapter 5910., or section | 31903 |
| 5919.34 of the Revised Code, the Ohio board of regents shall | 31904 |
| conduct audits to: | 31905 |
| (A) Determine the validity of information provided by | 31906 |
| students and parents regarding eligibility for state student | 31907 |
| financial aid. If the board determines that eligibility data has | 31908 |
| been reported incorrectly or inaccurately, and where the board | 31909 |
| determines an adjustment to be appropriate, the institution of | 31910 |
| higher education shall adjust the financial aid awarded to the | 31911 |
| student. | 31912 |
| (B) Ensure that institutions of higher education are in | 31913 |
| compliance with the board's rules governing state student | 31914 |
| financial aid programs. An institution that fails to comply with | 31915 |
| the board's rules in the administration of any state student | 31916 |
| financial aid program shall be fully liable to reimburse the board | 31917 |
| for the unauthorized use of student financial aid funds. | 31918 |
| Sec. 3333.12. (A) As used in this section: | 31919 |
| (1) "Eligible student" means an undergraduate student who is: | 31920 |
| (a) An Ohio resident enrolled in an undergraduate program | 31921 |
| before the 2006-2007 academic year; | 31922 |
| (b) Enrolled in either of the following: | 31923 |
| (i) An accredited institution of higher education in this | 31924 |
| state that meets the requirements of Title VI of the Civil Rights | 31925 |
| Act of 1964 and is state-assisted, is nonprofit and has a | 31926 |
| certificate of authorization from the Ohio board of regents | 31927 |
| pursuant to Chapter 1713. of the Revised Code, has a certificate | 31928 |
| of registration from the state board of career colleges and | 31929 |
| schools and program authorization to award an associate or | 31930 |
| bachelor's degree, or is a private institution exempt from | 31931 |
| regulation under Chapter 3332. of the Revised Code as prescribed | 31932 |
| in section 3333.046 of the Revised Code. Students who attend an | 31933 |
| institution that holds a certificate of registration shall be | 31934 |
| enrolled in a program leading to an associate or bachelor's degree | 31935 |
| for which associate or bachelor's degree program the institution | 31936 |
| has program authorization issued under section 3332.05 of the | 31937 |
| Revised Code. | 31938 |
| (ii) A technical education program of at least two years | 31939 |
| duration sponsored by a private institution of higher education in | 31940 |
| this state that meets the requirements of Title VI of the Civil | 31941 |
| Rights Act of 1964. | 31942 |
| (c) Enrolled as a full-time student or enrolled as a less | 31943 |
| than full-time student for the term expected to be the student's | 31944 |
| final term of enrollment and is enrolled for the number of credit | 31945 |
| hours necessary to complete the requirements of the program in | 31946 |
| which the student is enrolled. | 31947 |
| (2) "Gross income" includes all taxable and nontaxable income | 31948 |
| of the parents, the student, and the student's spouse, except | 31949 |
| income derived from an Ohio academic scholarship, income earned by | 31950 |
| the student between the last day of the spring term and the first | 31951 |
| day of the fall term, and other income exclusions designated by | 31952 |
| the board. Gross income may be verified to the board by the | 31953 |
| institution in which the student is enrolled using the federal | 31954 |
| financial aid eligibility verification process or by other means | 31955 |
| satisfactory to the board. | 31956 |
| (3) "Resident," "full-time student," "dependent," | 31957 |
| "financially independent," and "accredited" shall be defined by | 31958 |
| rules adopted by the board. | 31959 |
| (B) The Ohio board of regents shall establish and administer | 31960 |
| an instructional grant program and may adopt rules to carry out | 31961 |
| this section. The general assembly shall support the instructional | 31962 |
| grant program by such sums and in such manner as it may provide, | 31963 |
| but the board may also receive funds from other sources to support | 31964 |
| the program. If the amounts available for support of the program | 31965 |
| are inadequate to provide grants to all eligible students, | 31966 |
| preference in the payment of grants shall be given in terms of | 31967 |
| income, beginning with the lowest income category of gross income | 31968 |
| and proceeding upward by category to the highest gross income | 31969 |
| category. | 31970 |
| An instructional grant shall be paid to an eligible student | 31971 |
| through the institution in which the student is enrolled, except | 31972 |
| that no instructional grant shall be paid to any person serving a | 31973 |
| term of imprisonment. Applications for such grants shall be made | 31974 |
| as prescribed by the board, and such applications may be made in | 31975 |
| conjunction with and upon the basis of information provided in | 31976 |
| conjunction with student assistance programs funded by agencies of | 31977 |
| the United States government or from financial resources of the | 31978 |
| institution of higher education. The institution shall certify | 31979 |
| that the student applicant meets the requirements set forth in | 31980 |
| divisions (A)(1)(b) and (c) of this section. Instructional grants | 31981 |
| shall be provided to an eligible student only as long as the | 31982 |
| student is making appropriate progress toward a nursing diploma or | 31983 |
| an associate or bachelor's degree. No student shall be eligible to | 31984 |
| receive a grant for more than ten semesters, fifteen quarters, or | 31985 |
| the equivalent of five academic years. A grant made to an eligible | 31986 |
| student on the basis of less than full-time enrollment shall be | 31987 |
| based on the number of credit hours for which the student is | 31988 |
| enrolled and shall be computed in accordance with a formula | 31989 |
| adopted by the board. No student shall receive more than one grant | 31990 |
| on the basis of less than full-time enrollment. | 31991 |
| An instructional grant shall not exceed the total | 31992 |
| instructional and general charges of the institution. | 31993 |
| (C) The tables in this division prescribe the maximum grant | 31994 |
| amounts covering two semesters, three quarters, or a comparable | 31995 |
| portion of one academic year. Grant amounts for additional terms | 31996 |
| in the same academic year shall be determined under division (D) | 31997 |
| of this section. | 31998 |
| For a full-time student who is a dependent and enrolled in a | 31999 |
| nonprofit educational institution that is not a state-assisted | 32000 |
| institution and that has a certificate of authorization issued | 32001 |
| pursuant to Chapter 1713. of the Revised Code, the amount of the | 32002 |
| instructional grant for two semesters, three quarters, or a | 32003 |
| comparable portion of the academic year shall be determined in | 32004 |
| accordance with the following table: | 32005 |
| 32006 |
| 32007 |
| Maximum Grant $5,466 | 32008 | ||
| Gross Income | Number of Dependents | 32009 |
| 1 | 2 | 3 | 4 | 5 or more | 32010 |
| $0 - $15,000 | $5,466 | $5,466 | $5,466 | $5,466 | $5,466 | 32011 | ||||||
| $15,001 - $16,000 | 4,920 | 5,466 | 5,466 | 5,466 | 5,466 | 32012 | ||||||
| $16,001 - $17,000 | 4,362 | 4,920 | 5,466 | 5,466 | 5,466 | 32013 | ||||||
| $17,001 - $18,000 | 3,828 | 4,362 | 4,920 | 5,466 | 5,466 | 32014 | ||||||
| $18,001 - $19,000 | 3,288 | 3,828 | 4,362 | 4,920 | 5,466 | 32015 | ||||||
| $19,001 - $22,000 | 2,736 | 3,288 | 3,828 | 4,362 | 4,920 | 32016 | ||||||
| $22,001 - $25,000 | 2,178 | 2,736 | 3,288 | 3,828 | 4,362 | 32017 | ||||||
| $25,001 - $28,000 | 1,626 | 2,178 | 2,736 | 3,288 | 3,828 | 32018 | ||||||
| $28,001 - $31,000 | 1,344 | 1,626 | 2,178 | 2,736 | 3,288 | 32019 | ||||||
| $31,001 - $32,000 | 1,080 | 1,344 | 1,626 | 2,178 | 2,736 | 32020 | ||||||
| $32,001 - $33,000 | 984 | 1,080 | 1,344 | 1,626 | 2,178 | 32021 | ||||||
| $33,001 - $34,000 | 888 | 984 | 1,080 | 1,344 | 1,626 | 32022 | ||||||
| $34,001 - $35,000 | 444 | 888 | 984 | 1,080 | 1,344 | 32023 | ||||||
| $35,001 - $36,000 | -- | 444 | 888 | 984 | 1,080 | 32024 | ||||||
| $36,001 - $37,000 | -- | -- | 444 | 888 | 984 | 32025 | ||||||
| $37,001 - $38,000 | -- | -- | -- | 444 | 888 | 32026 | ||||||
| $38,001 - $39,000 | -- | -- | -- | -- | 444 | 32027 |
| For a full-time student who is financially independent and | 32028 |
| enrolled in a nonprofit educational institution that is not a | 32029 |
| state-assisted institution and that has a certificate of | 32030 |
| authorization issued pursuant to Chapter 1713. of the Revised | 32031 |
| Code, the amount of the instructional grant for two semesters, | 32032 |
| three quarters, or a comparable portion of the academic year shall | 32033 |
| be determined in accordance with the following table: | 32034 |
| 32035 |
| 32036 |
| Maximum Grant $5,466 | 32037 | ||
| Gross Income | Number of Dependents | 32038 |
| 0 | 1 | 2 | 3 | 4 | 5 or more | 32039 |
| $0 - $4,800 | $5,466 | $5,466 | $5,466 | $5,466 | $5,466 | $5,466 | 32040 | ||||
| $4,801 - $5,300 | 4,920 | 5,466 | 5,466 | 5,466 | 5,466 | 5,466 | 32041 | ||||
| $5,301 - $5,800 | 4,362 | 5,196 | 5,466 | 5,466 | 5,466 | 5,466 | 32042 | ||||
| $5,801 - $6,300 | 3,828 | 4,914 | 5,196 | 5,466 | 5,466 | 5,466 | 32043 | ||||
| $6,301 - $6,800 | 3,288 | 4,650 | 4,914 | 5,196 | 5,466 | 5,466 | 32044 | ||||
| $6,801 - $7,300 | 2,736 | 4,380 | 4,650 | 4,914 | 5,196 | 5,466 | 32045 | ||||
| $7,301 - $8,300 | 2,178 | 4,104 | 4,380 | 4,650 | 4,914 | 5,196 | 32046 | ||||
| $8,301 - $9,300 | 1,626 | 3,822 | 4,104 | 4,380 | 4,650 | 4,914 | 32047 | ||||
| $9,301 - $10,300 | 1,344 | 3,546 | 3,822 | 4,104 | 4,380 | 4,650 | 32048 | ||||
| $10,301 - $11,800 | 1,080 | 3,408 | 3,546 | 3,822 | 4,104 | 4,380 | 32049 | ||||
| $11,801 - $13,300 | 984 | 3,276 | 3,408 | 3,546 | 3,822 | 4,104 | 32050 | ||||
| $13,301 - $14,800 | 888 | 3,228 | 3,276 | 3,408 | 3,546 | 3,822 | 32051 | ||||
| $14,801 - $16,300 | 444 | 2,904 | 3,228 | 3,276 | 3,408 | 3,546 | 32052 | ||||
| $16,301 - $19,300 | -- | 2,136 | 2,628 | 2,952 | 3,276 | 3,408 | 32053 | ||||
| $19,301 - $22,300 | -- | 1,368 | 1,866 | 2,358 | 2,676 | 3,000 | 32054 | ||||
| $22,301 - $25,300 | -- | 1,092 | 1,368 | 1,866 | 2,358 | 2,676 | 32055 | ||||
| $25,301 - $30,300 | -- | 816 | 1,092 | 1,368 | 1,866 | 2,358 | 32056 | ||||
| $30,301 - $35,300 | -- | 492 | 540 | 672 | 816 | 1,314 | 32057 |
| For a full-time student who is a dependent and enrolled in an | 32058 |
| educational institution that holds a certificate of registration | 32059 |
| from the state board of career colleges and schools or a private | 32060 |
| institution exempt from regulation under Chapter 3332. of the | 32061 |
| Revised Code as prescribed in section 3333.046 of the Revised | 32062 |
| Code, the amount of the instructional grant for two semesters, | 32063 |
| three quarters, or a comparable portion of the academic year shall | 32064 |
| be determined in accordance with the following table: | 32065 |
| 32066 |
| 32067 |
| Maximum Grant $4,632 | 32068 | ||
| Gross Income | Number of Dependents | 32069 |
| 1 | 2 | 3 | 4 | 5 or more | 32070 |
| $0 - $15,000 | $4,632 | $4,632 | $4,632 | $4,632 | $4,632 | 32071 | ||||||
| $15,001 - $16,000 | 4,182 | 4,632 | 4,632 | 4,632 | 4,632 | 32072 | ||||||
| $16,001 - $17,000 | 3,684 | 4,182 | 4,632 | 4,632 | 4,632 | 32073 | ||||||
| $17,001 - $18,000 | 3,222 | 3,684 | 4,182 | 4,632 | 4,632 | 32074 | ||||||
| $18,001 - $19,000 | 2,790 | 3,222 | 3,684 | 4,182 | 4,632 | 32075 | ||||||
| $19,001 - $22,000 | 2,292 | 2,790 | 3,222 | 3,684 | 4,182 | 32076 | ||||||
| $22,001 - $25,000 | 1,854 | 2,292 | 2,790 | 3,222 | 3,684 | 32077 | ||||||
| $25,001 - $28,000 | 1,416 | 1,854 | 2,292 | 2,790 | 3,222 | 32078 | ||||||
| $28,001 - $31,000 | 1,134 | 1,416 | 1,854 | 2,292 | 2,790 | 32079 | ||||||
| $31,001 - $32,000 | 906 | 1,134 | 1,416 | 1,854 | 2,292 | 32080 | ||||||
| $32,001 - $33,000 | 852 | 906 | 1,134 | 1,416 | 1,854 | 32081 | ||||||
| $33,001 - $34,000 | 750 | 852 | 906 | 1,134 | 1,416 | 32082 | ||||||
| $34,001 - $35,000 | 372 | 750 | 852 | 906 | 1,134 | 32083 | ||||||
| $35,001 - $36,000 | -- | 372 | 750 | 852 | 906 | 32084 | ||||||
| $36,001 - $37,000 | -- | -- | 372 | 750 | 852 | 32085 | ||||||
| $37,001 - $38,000 | -- | -- | -- | 372 | 750 | 32086 | ||||||
| $38,001 - $39,000 | -- | -- | -- | -- | 372 | 32087 |
| For a full-time student who is financially independent and | 32088 |
| enrolled in an educational institution that holds a certificate of | 32089 |
| registration from the state board of career colleges and schools | 32090 |
| or a private institution exempt from regulation under Chapter | 32091 |
| 3332. of the Revised Code as prescribed in section 3333.046 of the | 32092 |
| Revised Code, the amount of the instructional grant for two | 32093 |
| semesters, three quarters, or a comparable portion of the academic | 32094 |
| year shall be determined in accordance with the following table: | 32095 |
| 32096 |
| 32097 |
| Maximum Grant $4,632 | 32098 | ||
| Gross Income | Number of Dependents | 32099 |
| 0 | 1 | 2 | 3 | 4 | 5 or more | 32100 |
| $0 - $4,800 | $4,632 | $4,632 | $4,632 | $4,632 | $4,632 | $4,632 | 32101 | ||||
| $4,801 - $5,300 | 4,182 | 4,632 | 4,632 | 4,632 | 4,632 | 4,632 | 32102 | ||||
| $5,301 - $5,800 | 3,684 | 4,410 | 4,632 | 4,632 | 4,632 | 4,632 | 32103 | ||||
| $5,801 - $6,300 | 3,222 | 4,158 | 4,410 | 4,632 | 4,632 | 4,632 | 32104 | ||||
| $6,301 - $6,800 | 2,790 | 3,930 | 4,158 | 4,410 | 4,632 | 4,632 | 32105 | ||||
| $6,801 - $7,300 | 2,292 | 3,714 | 3,930 | 4,158 | 4,410 | 4,632 | 32106 | ||||
| $7,301 - $8,300 | 1,854 | 3,462 | 3,714 | 3,930 | 4,158 | 4,410 | 32107 | ||||
| $8,301 - $9,300 | 1,416 | 3,246 | 3,462 | 3,714 | 3,930 | 4,158 | 32108 | ||||
| $9,301 - $10,300 | 1,134 | 3,024 | 3,246 | 3,462 | 3,714 | 3,930 | 32109 | ||||
| $10,301 - $11,800 | 906 | 2,886 | 3,024 | 3,246 | 3,462 | 3,714 | 32110 | ||||
| $11,801 - $13,300 | 852 | 2,772 | 2,886 | 3,024 | 3,246 | 3,462 | 32111 | ||||
| $13,301 - $14,800 | 750 | 2,742 | 2,772 | 2,886 | 3,024 | 3,246 | 32112 | ||||
| $14,801 - $16,300 | 372 | 2,466 | 2,742 | 2,772 | 2,886 | 3,024 | 32113 | ||||
| $16,301 - $19,300 | -- | 1,800 | 2,220 | 2,520 | 2,772 | 2,886 | 32114 | ||||
| $19,301 - $22,300 | -- | 1,146 | 1,584 | 1,986 | 2,268 | 2,544 | 32115 | ||||
| $22,301 - $25,300 | -- | 930 | 1,146 | 1,584 | 1,986 | 2,268 | 32116 | ||||
| $25,301 - $30,300 | -- | 708 | 930 | 1,146 | 1,584 | 1,986 | 32117 | ||||
| $30,301 - $35,300 | -- | 426 | 456 | 570 | 708 | 1,116 | 32118 |
| For a full-time student who is a dependent and enrolled in a | 32119 |
| state-assisted educational institution, the amount of the | 32120 |
| instructional grant for two semesters, three quarters, or a | 32121 |
| comparable portion of the academic year shall be determined in | 32122 |
| accordance with the following table: | 32123 |
| 32124 |
| 32125 |
| Maximum Grant $2,190 | 32126 | ||
| Gross Income | Number of Dependents | 32127 |
| 1 | 2 | 3 | 4 | 5 or more | 32128 |
| $0 - $15,000 | $2,190 | $2,190 | $2,190 | $2,190 | $2,190 | 32129 | ||||||
| $15,001 - $16,000 | 1,974 | 2,190 | 2,190 | 2,190 | 2,190 | 32130 | ||||||
| $16,001 - $17,000 | 1,740 | 1,974 | 2,190 | 2,190 | 2,190 | 32131 | ||||||
| $17,001 - $18,000 | 1,542 | 1,740 | 1,974 | 2,190 | 2,190 | 32132 | ||||||
| $18,001 - $19,000 | 1,320 | 1,542 | 1,740 | 1,974 | 2,190 | 32133 | ||||||
| $19,001 - $22,000 | 1,080 | 1,320 | 1,542 | 1,740 | 1,974 | 32134 | ||||||
| $22,001 - $25,000 | 864 | 1,080 | 1,320 | 1,542 | 1,740 | 32135 | ||||||
| $25,001 - $28,000 | 648 | 864 | 1,080 | 1,320 | 1,542 | 32136 | ||||||
| $28,001 - $31,000 | 522 | 648 | 864 | 1,080 | 1,320 | 32137 | ||||||
| $31,001 - $32,000 | 420 | 522 | 648 | 864 | 1,080 | 32138 | ||||||
| $32,001 - $33,000 | 384 | 420 | 522 | 648 | 864 | 32139 | ||||||
| $33,001 - $34,000 | 354 | 384 | 420 | 522 | 648 | 32140 | ||||||
| $34,001 - $35,000 | 174 | 354 | 384 | 420 | 522 | 32141 | ||||||
| $35,001 - $36,000 | -- | 174 | 354 | 384 | 420 | 32142 | ||||||
| $36,001 - $37,000 | -- | -- | 174 | 354 | 384 | 32143 | ||||||
| $37,001 - $38,000 | -- | -- | -- | 174 | 354 | 32144 | ||||||
| $38,001 - $39,000 | -- | -- | -- | -- | 174 | 32145 |
| For a full-time student who is financially independent and | 32146 |
| enrolled in a state-assisted educational institution, the amount | 32147 |
| of the instructional grant for two semesters, three quarters, or a | 32148 |
| comparable portion of the academic year shall be determined in | 32149 |
| accordance with the following table: | 32150 |
| 32151 |
| 32152 |
| Maximum Grant $2,190 | 32153 | ||
| Gross Income | Number of Dependents | 32154 |
| 0 | 1 | 2 | 3 | 4 | 5 or more | 32155 |
| $0 - $4,800 | $2,190 | $2,190 | $2,190 | $2,190 | $2,190 | $2,190 | 32156 | |||||
| $4,801 - $5,300 | 1,974 | 2,190 | 2,190 | 2,190 | 2,190 | 2,190 | 32157 | |||||
| $5,301 - $5,800 | 1,740 | 2,082 | 2,190 | 2,190 | 2,190 | 2,190 | 32158 | |||||
| $5,801 - $6,300 | 1,542 | 1,968 | 2,082 | 2,190 | 2,190 | 2,190 | 32159 | |||||
| $6,301 - $6,800 | 1,320 | 1,866 | 1,968 | 2,082 | 2,190 | 2,190 | 32160 | |||||
| $6,801 - $7,300 | 1,080 | 1,758 | 1,866 | 1,968 | 2,082 | 2,190 | 32161 | |||||
| $7,301 - $8,300 | 864 | 1,638 | 1,758 | 1,866 | 1,968 | 2,082 | 32162 | |||||
| $8,301 - $9,300 | 648 | 1,530 | 1,638 | 1,758 | 1,866 | 1,968 | 32163 | |||||
| $9,301 - $10,300 | 522 | 1,422 | 1,530 | 1,638 | 1,758 | 1,866 | 32164 | |||||
| $10,301 - $11,800 | 420 | 1,356 | 1,422 | 1,530 | 1,638 | 1,758 | 32165 | |||||
| $11,801 - $13,300 | 384 | 1,308 | 1,356 | 1,422 | 1,530 | 1,638 | 32166 | |||||
| $13,301 - $14,800 | 354 | 1,290 | 1,308 | 1,356 | 1,422 | 1,530 | 32167 | |||||
| $14,801 - $16,300 | 174 | 1,164 | 1,290 | 1,308 | 1,356 | 1,422 | 32168 | |||||
| $16,301 - $19,300 | -- | 858 | 1,050 | 1,182 | 1,308 | 1,356 | 32169 | |||||
| $19,301 - $22,300 | -- | 540 | 750 | 948 | 1,062 | 1,200 | 32170 | |||||
| $22,301 - $25,300 | -- | 432 | 540 | 750 | 948 | 1,062 | 32171 | |||||
| $25,301 - $30,300 | -- | 324 | 432 | 540 | 750 | 948 | 32172 | |||||
| $30,301 - $35,300 | -- | 192 | 210 | 264 | 324 | 522 | 32173 |
| (D) For a full-time student enrolled in an eligible | 32174 |
| institution for a semester or quarter in addition to the portion | 32175 |
| of the academic year covered by a grant determined under division | 32176 |
| (C) of this section, the maximum grant amount shall be a | 32177 |
| percentage of the maximum prescribed in the applicable table of | 32178 |
| that division. The maximum grant for a fourth quarter shall be | 32179 |
| one-third of the maximum amount prescribed under that division. | 32180 |
| The maximum grant for a third semester shall be one-half of the | 32181 |
| maximum amount prescribed under that division. | 32182 |
| (E) No grant shall be made to any student in a course of | 32183 |
| study in theology, religion, or other field of preparation for a | 32184 |
| religious profession unless such course of study leads to an | 32185 |
| accredited bachelor of arts, bachelor of science, associate of | 32186 |
| arts, or associate of science degree. | 32187 |
| (F)(1) Except as provided in division (F)(2) of this section, | 32188 |
| no grant shall be made to any student for enrollment during a | 32189 |
| fiscal year in an institution with a cohort default rate | 32190 |
| determined by the United States secretary of education pursuant to | 32191 |
| the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408, | 32192 |
| 20 U.S.C.A. 1085, as amended, as of the fifteenth day of June | 32193 |
| preceding the fiscal year, equal to or greater than thirty per | 32194 |
| cent for each of the preceding two fiscal years. | 32195 |
| (2) Division (F)(1) of this section does not apply to the | 32196 |
| following: | 32197 |
| (a) Any student enrolled in an institution that under the | 32198 |
| federal law appeals its loss of eligibility for federal financial | 32199 |
| aid and the United States secretary of education determines its | 32200 |
| cohort default rate after recalculation is lower than the rate | 32201 |
| specified in division (F)(1) of this section or the secretary | 32202 |
| determines due to mitigating circumstances the institution may | 32203 |
| continue to participate in federal financial aid programs. The | 32204 |
| board shall adopt rules requiring institutions to provide | 32205 |
| information regarding an appeal to the board. | 32206 |
| (b) Any student who has previously received a grant under | 32207 |
| this section who meets all other requirements of this section. | 32208 |
| (3) The board shall adopt rules for the notification of all | 32209 |
| institutions whose students will be ineligible to participate in | 32210 |
| the grant program pursuant to division (F)(1) of this section. | 32211 |
| (4) A student's attendance at an institution whose students | 32212 |
| lose eligibility for grants under division (F)(1) of this section | 32213 |
| shall not affect that student's eligibility to receive a grant | 32214 |
| when enrolled in another institution. | 32215 |
| (G) Institutions of higher education that enroll students | 32216 |
| receiving instructional grants under this section shall report to | 32217 |
| the board all students who have received instructional grants but | 32218 |
| are no longer eligible for all or part of such grants and shall | 32219 |
| refund any moneys due the state within thirty days after the | 32220 |
| beginning of the quarter or term immediately following the quarter | 32221 |
| or term in which the student was no longer eligible to receive all | 32222 |
| or part of the student's grant. There shall be an interest charge | 32223 |
| of one per cent per month on all moneys due and payable after such | 32224 |
| thirty-day period. The board shall immediately notify the office | 32225 |
| of budget and management and the legislative service commission of | 32226 |
| all refunds so received. | 32227 |
| Sec. 3333.121. There is hereby established in the state | 32228 |
| treasury the | 32229 |
| reconciliation fund, which shall consist of refunds of | 32230 |
| instructional grant payments made pursuant to section 3333.12 of | 32231 |
| the Revised Code and refunds of state need-based financial aid | 32232 |
| payments made pursuant to section 3333.122 of the Revised Code. | 32233 |
| Revenues credited to the fund shall be used by the Ohio board of | 32234 |
| regents to pay to higher education institutions any outstanding | 32235 |
| obligations from the prior year owed for the Ohio instructional | 32236 |
| grant program and the Ohio college opportunity grant program that | 32237 |
| are identified through the annual reconciliation and financial | 32238 |
| audit. Any amount in the fund that is in excess of the amount | 32239 |
| certified to the director of budget and management by the board of | 32240 |
| regents as necessary to reconcile prior year payments under the | 32241 |
| program shall be transferred to the general revenue fund. | 32242 |
| Sec. 3333.122. (A) As used in this section: | 32243 |
| (1) "Eligible student" means a student who is: | 32244 |
| (a) An Ohio resident who first enrolls in an undergraduate | 32245 |
| program in the 2006-2007 academic year or thereafter; | 32246 |
| (b) Enrolled in either of the following: | 32247 |
| (i) An accredited institution of higher education in this | 32248 |
| state that meets the requirements of Title VI of the Civil Rights | 32249 |
| Act of 1964 and is state-assisted, is nonprofit and has a | 32250 |
| certificate of authorization from the Ohio board of regents | 32251 |
| pursuant to Chapter 1713. of the Revised Code, has a certificate | 32252 |
| of registration from the state board of career colleges and | 32253 |
| schools and program authorization to award an associate or | 32254 |
| bachelor's degree, or is a private institution exempt from | 32255 |
| regulation under Chapter 3332. of the Revised Code as prescribed | 32256 |
| in section 3333.046 of the Revised Code. Students who attend an | 32257 |
| institution that holds a certificate of registration shall be | 32258 |
| enrolled in a program leading to an associate or bachelor's degree | 32259 |
| for which associate or bachelor's degree program the institution | 32260 |
| has program authorization issued under section 3332.05 of the | 32261 |
| Revised Code. | 32262 |
| (ii) A technical education program of at least two years | 32263 |
| duration sponsored by a private institution of higher education in | 32264 |
| this state that meets the requirements of Title VI of the Civil | 32265 |
| Rights Act of 1964. | 32266 |
| (2) A student who participated in either the early college | 32267 |
| high school program administered by the department of education or | 32268 |
| in the post-secondary enrollment options program pursuant to | 32269 |
| Chapter 3365. of the Revised Code before the 2006-2007 academic | 32270 |
| year shall not be excluded from eligibility for a need based grant | 32271 |
| under this section. | 32272 |
| (3) "Resident," "expected family contribution" or "EFC," | 32273 |
| "full-time student," "three-quarters-time student," "half-time | 32274 |
| student," "one-quarter-time student," and "accredited" shall be | 32275 |
| defined by rules adopted by the board. | 32276 |
| (B) The Ohio board of regents shall establish and administer | 32277 |
| a needs-based financial aid program based on the United States | 32278 |
| department of education's method of determining financial need and | 32279 |
| may adopt rules to carry out this section. The program shall be | 32280 |
| known as the Ohio college opportunity grant program. The general | 32281 |
| assembly shall support the needs-based financial aid program by | 32282 |
| such sums and in such manner as it may provide, but the board may | 32283 |
| also receive funds from other sources to support the program. If | 32284 |
| the amounts available for support of the program are inadequate to | 32285 |
| provide grants to all eligible students, preference in the payment | 32286 |
| of grants shall be given in terms of expected family contribution, | 32287 |
| beginning with the lowest expected family contribution category | 32288 |
| and proceeding upward by category to the highest expected family | 32289 |
| contribution category. | 32290 |
| A needs-based financial aid grant shall be paid to an | 32291 |
| eligible student through the institution in which the student is | 32292 |
| enrolled, except that no needs-based financial aid grant shall be | 32293 |
| paid to any person serving a term of imprisonment. Applications | 32294 |
| for such grants shall be made as prescribed by the board, and such | 32295 |
| applications may be made in conjunction with and upon the basis of | 32296 |
| information provided in conjunction with student assistance | 32297 |
| programs funded by agencies of the United States government or | 32298 |
| from financial resources of the institution of higher education. | 32299 |
| The institution shall certify that the student applicant meets the | 32300 |
| requirements set forth in divisions (A)(1)(a) and (b) of this | 32301 |
| section. Needs-based financial aid grants shall be provided to an | 32302 |
| eligible student only as long as the student is making appropriate | 32303 |
| progress toward a nursing diploma or an associate or bachelor's | 32304 |
| degree. No student shall be eligible to receive a grant for more | 32305 |
| than ten semesters, fifteen quarters, or the equivalent of five | 32306 |
| academic years. A grant made to an eligible student on the basis | 32307 |
| of less than full-time enrollment shall be based on the number of | 32308 |
| credit hours for which the student is enrolled and shall be | 32309 |
| computed in accordance with a formula adopted by the board. No | 32310 |
| student shall receive more than one grant on the basis of less | 32311 |
| than full-time enrollment. | 32312 |
| A needs-based financial aid grant shall not exceed the total | 32313 |
| instructional and general charges of the institution. | 32314 |
| (C) The tables in this division prescribe the maximum grant | 32315 |
| amounts covering two semesters, three quarters, or a comparable | 32316 |
| portion of one academic year. Grant amounts for additional terms | 32317 |
| in the same academic year shall be determined under division (D) | 32318 |
| of this section. | 32319 |
| As used in the tables in division (C) of this section: | 32320 |
| (1) "Private institution" means an institution that is | 32321 |
| nonprofit and has a certificate of authorization from the Ohio | 32322 |
| board of regents pursuant to Chapter 1713. of the Revised Code. | 32323 |
| (2) "Career college" means either an institution that holds a | 32324 |
| certificate of registration from the state board of career | 32325 |
| colleges and schools or a private institution exempt from | 32326 |
| regulation under Chapter 3332. of the Revised Code as prescribed | 32327 |
| in section 3333.046 of the Revised Code. | 32328 |
| Full-time students shall be eligible to receive awards | 32329 |
| according to the following table: | 32330 |
| 32331 |
| 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: | 32332 | ||||||
| $2,101 | $2,190 | $300 | $600 | $480 | 32333 | ||||||
| 2,001 | 2,100 | 402 | 798 | 642 | 32334 | ||||||
| 1,901 | 2,000 | 498 | 1,002 | 798 | 32335 | ||||||
| 1,801 | 1,900 | 600 | 1,200 | 960 | 32336 | ||||||
| 1,701 | 1,800 | 702 | 1,398 | 1,122 | 32337 | ||||||
| 1,601 | 1,700 | 798 | 1,602 | 1,278 | 32338 | ||||||
| 1,501 | 1,600 | 900 | 1,800 | 1,440 | 32339 | ||||||
| 1,401 | 1,500 | 1,002 | 1,998 | 1,602 | 32340 | ||||||
| 1,301 | 1,400 | 1,098 | 2,202 | 1,758 | 32341 | ||||||
| 1,201 | 1,300 | 1,200 | 2,400 | 1,920 | 32342 | ||||||
| 1,101 | 1,200 | 1,302 | 2,598 | 2,082 | 32343 | ||||||
| 1,001 | 1,100 | 1,398 | 2,802 | 2,238 | 32344 | ||||||
| 901 | 1,000 | 1,500 | 3,000 | 2,400 | 32345 | ||||||
| 801 | 900 | 1,602 | 3,198 | 2,562 | 32346 | ||||||
| 701 | 800 | 1,698 | 3,402 | 2,718 | 32347 | ||||||
| 601 | 700 | 1,800 | 3,600 | 2,280 | 32348 | ||||||
| 501 | 600 | 1,902 | 3,798 | 3,042 | 32349 | ||||||
| 401 | 500 | 1,998 | 4,002 | 3,198 | 32350 | ||||||
| 301 | 400 | 2,100 | 4,200 | 3,360 | 32351 | ||||||
| 201 | 300 | 2,202 | 4,398 | 3,522 | 32352 | ||||||
| 101 | 200 | 2,298 | 4,602 | 3,678 | 32353 | ||||||
| 1 | 100 | 2,400 | 4,800 | 3,840 | 32354 | ||||||
| 0 | 0 | 2,496 | 4,992 | 3,996 | 32355 |
| Three-quarters-time students shall be eligible to receive | 32356 |
| awards according to the following table: | 32357 |
| 32358 |
| 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: | 32359 | ||||||
| $2,101 | $2,190 | $228 | $450 | $360 | 32360 | ||||||
| 2,001 | 2,100 | 300 | 600 | 480 | 32361 | ||||||
| 1,901 | 2,000 | 372 | 750 | 600 | 32362 | ||||||
| 1,801 | 1,900 | 450 | 900 | 720 | 32363 | ||||||
| 1,701 | 1,800 | 528 | 1,050 | 840 | 32364 | ||||||
| 1,601 | 1,700 | 600 | 1,200 | 960 | 32365 | ||||||
| 1,501 | 1,600 | 678 | 1,350 | 1,080 | 32366 | ||||||
| 1,401 | 1,500 | 750 | 1,500 | 1,200 | 32367 | ||||||
| 1,301 | 1,400 | 822 | 1,650 | 1,320 | 32368 | ||||||
| 1,201 | 1,300 | 900 | 1,800 | 1,440 | 32369 | ||||||
| 1,101 | 1,200 | 978 | 1,950 | 1,560 | 32370 | ||||||
| 1,001 | 1,100 | 1,050 | 2,100 | 1,680 | 32371 | ||||||
| 901 | 1,000 | 1,128 | 2,250 | 1,800 | 32372 | ||||||
| 801 | 900 | 1,200 | 2,400 | 1,920 | 32373 | ||||||
| 701 | 800 | 1,272 | 2,550 | 2,040 | 32374 | ||||||
| 601 | 700 | 1,350 | 2,700 | 2,160 | 32375 | ||||||
| 501 | 600 | 1,428 | 2,850 | 2,280 | 32376 | ||||||
| 401 | 500 | 1,500 | 3,000 | 2,400 | 32377 | ||||||
| 301 | 400 | 1,578 | 3,150 | 2,520 | 32378 | ||||||
| 201 | 300 | 1,650 | 3,300 | 2,640 | 32379 | ||||||
| 101 | 200 | 1,722 | 3,450 | 2,760 | 32380 | ||||||
| 1 | 100 | 1,800 | 3,600 | 2,880 | 32381 | ||||||
| 0 | 0 | 1,872 | 3,744 | 3,000 | 32382 |
| Half-time students shall be eligible to receive awards | 32383 |
| according to the following table: | 32384 |
| 32385 |
| 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: | 32386 | ||||||
| $2,101 | $2,190 | $150 | $300 | $240 | 32387 | ||||||
| 2,001 | 2,100 | 204 | 402 | 324 | 32388 | ||||||
| 1,901 | 2,000 | 252 | 504 | 402 | 32389 | ||||||
| 1,801 | 1,900 | 300 | 600 | 480 | 32390 | ||||||
| 1,701 | 1,800 | 354 | 702 | 564 | 32391 | ||||||
| 1,601 | 1,700 | 402 | 804 | 642 | 32392 | ||||||
| 1,501 | 1,600 | 450 | 900 | 720 | 32393 | ||||||
| 1,401 | 1,500 | 504 | 1,002 | 804 | 32394 | ||||||
| 1,301 | 1,400 | 552 | 1,104 | 882 | 32395 | ||||||
| 1,201 | 1,300 | 600 | 1,200 | 960 | 32396 | ||||||
| 1,101 | 1,200 | 654 | 1,302 | 1,044 | 32397 | ||||||
| 1,001 | 1,100 | 702 | 1,404 | 1,122 | 32398 | ||||||
| 901 | 1,000 | 750 | 1,500 | 1,200 | 32399 | ||||||
| 801 | 900 | 804 | 1,602 | 1,284 | 32400 | ||||||
| 701 | 800 | 852 | 1,704 | 1,362 | 32401 | ||||||
| 601 | 700 | 900 | 1,800 | 1,440 | 32402 | ||||||
| 501 | 600 | 954 | 1,902 | 1,524 | 32403 | ||||||
| 401 | 500 | 1,002 | 2,004 | 1,602 | 32404 | ||||||
| 301 | 400 | 1,050 | 2,100 | 1,680 | 32405 | ||||||
| 201 | 300 | 1,104 | 2,202 | 1,764 | 32406 | ||||||
| 101 | 200 | 1,152 | 2,304 | 1,842 | 32407 | ||||||
| 1 | 100 | 1,200 | 2,400 | 1,920 | 32408 | ||||||
| 0 | 0 | 1,248 | 2,496 | 1,998 | 32409 |
| One-quarter-time students shall be eligible to receive awards | 32410 |
| according to the following table: | 32411 |
| 32412 |
| 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: | 32413 | ||||||
| $2,101 | $2,190 | $78 | $150 | $120 | 32414 | ||||||
| 2,001 | 2,100 | 102 | 198 | 162 | 32415 | ||||||
| 1,901 | 2,000 | 126 | 252 | 198 | 32416 | ||||||
| 1,801 | 1,900 | 150 | 300 | 240 | 32417 | ||||||
| 1,701 | 1,800 | 174 | 348 | 282 | 32418 | ||||||
| 1,601 | 1,700 | 198 | 402 | 318 | 32419 | ||||||
| 1,501 | 1,600 | 228 | 450 | 360 | 32420 | ||||||
| 1,401 | 1,500 | 252 | 498 | 402 | 32421 | ||||||
| 1,301 | 1,400 | 276 | 552 | 438 | 32422 | ||||||
| 1,201 | 1,300 | 300 | 600 | 480 | 32423 | ||||||
| 1,101 | 1,200 | 324 | 648 | 522 | 32424 | ||||||
| 1,001 | 1,100 | 348 | 702 | 558 | 32425 | ||||||
| 901 | 1,000 | 378 | 750 | 600 | 32426 | ||||||
| 801 | 900 | 402 | 798 | 642 | 32427 | ||||||
| 701 | 800 | 426 | 852 | 678 | 32428 | ||||||
| 601 | 700 | 450 | 900 | 720 | 32429 | ||||||
| 501 | 600 | 474 | 948 | 762 | 32430 | ||||||
| 401 | 500 | 498 | 1,002 | 798 | 32431 | ||||||
| 301 | 400 | 528 | 1,050 | 840 | 32432 | ||||||
| 201 | 300 | 552 | 1,098 | 882 | 32433 | ||||||
| 101 | 200 | 576 | 1,152 | 918 | 32434 | ||||||
| 1 | 100 | 600 | 1,200 | 960 | 32435 | ||||||
| 0 | 0 | 624 | 1,248 | 1,002 | 32436 |
| (D) For a full-time student enrolled in an eligible | 32437 |
| institution for a semester or quarter in addition to the portion | 32438 |
| of the academic year covered by a grant determined under division | 32439 |
| (C) of this section, the maximum grant amount shall be a | 32440 |
| percentage of the maximum prescribed in the applicable table of | 32441 |
| that division. The maximum grant for a fourth quarter shall be | 32442 |
| one-third of the maximum amount prescribed under that division. | 32443 |
| The maximum grant for a third semester shall be one-half of the | 32444 |
| maximum amount prescribed under that division. | 32445 |
| (E) No grant shall be made to any student in a course of | 32446 |
| study in theology, religion, or other field of preparation for a | 32447 |
| religious profession unless such course of study leads to an | 32448 |
| accredited bachelor of arts, bachelor of science, associate of | 32449 |
| arts, or associate of science degree. | 32450 |
| (F)(1) Except as provided in division (F)(2) of this section, | 32451 |
| no grant shall be made to any student for enrollment during a | 32452 |
| fiscal year in an institution with a cohort default rate | 32453 |
| determined by the United States secretary of education pursuant to | 32454 |
| the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408, | 32455 |
| 20 U.S.C.A. 1085, as amended, as of the fifteenth day of June | 32456 |
| preceding the fiscal year, equal to or greater than thirty per | 32457 |
| cent for each of the preceding two fiscal years. | 32458 |
| (2) Division (F)(1) of this section does not apply to the | 32459 |
| following: | 32460 |
| (a) Any student enrolled in an institution that under the | 32461 |
| federal law appeals its loss of eligibility for federal financial | 32462 |
| aid and the United States secretary of education determines its | 32463 |
| cohort default rate after recalculation is lower than the rate | 32464 |
| specified in division (F)(1) of this section or the secretary | 32465 |
| determines due to mitigating circumstances the institution may | 32466 |
| continue to participate in federal financial aid programs. The | 32467 |
| board shall adopt rules requiring institutions to provide | 32468 |
| information regarding an appeal to the board. | 32469 |
| (b) Any student who has previously received a grant under | 32470 |
| this section who meets all other requirements of this section. | 32471 |
| (3) The board shall adopt rules for the notification of all | 32472 |
| institutions whose students will be ineligible to participate in | 32473 |
| the grant program pursuant to division (F)(1) of this section. | 32474 |
| (4) A student's attendance at an institution whose students | 32475 |
| lose eligibility for grants under division (F)(1) of this section | 32476 |
| shall not affect that student's eligibility to receive a grant | 32477 |
| when enrolled in another institution. | 32478 |
| (G) Institutions of higher education that enroll students | 32479 |
| receiving needs-based financial aid grants under this section | 32480 |
| shall report to the board all students who have received | 32481 |
| needs-based financial aid grants but are no longer eligible for | 32482 |
| all or part of such grants and shall refund any moneys due the | 32483 |
| state within thirty days after the beginning of the quarter or | 32484 |
| term immediately following the quarter or term in which the | 32485 |
| student was no longer eligible to receive all or part of the | 32486 |
| student's grant. There shall be an interest charge of one per cent | 32487 |
| per month on all moneys due and payable after such thirty-day | 32488 |
| period. The board shall immediately notify the office of budget | 32489 |
| and management and the legislative service commission of all | 32490 |
| refunds so received. | 32491 |
| Sec. 3333.123. (A) As used in this section: | 32492 |
| (1) "The Ohio college opportunity grant program" means the | 32493 |
| program established under section 3333.122 of the Revised Code. | 32494 |
| (2) "Rules for the Ohio college opportunity grant program" | 32495 |
| means the rules authorized in division (S) of section 3333.04 of | 32496 |
| the Revised Code for the implementation of the program. | 32497 |
| (B) In adopting rules for the Ohio college opportunity grant | 32498 |
| program, the Ohio board of regents shall include provisions that | 32499 |
| give preferential or priority funding to low-income students who | 32500 |
| in their primary and secondary school work participate in or | 32501 |
| complete rigorous academic coursework, attain passing scores on | 32502 |
| the tests prescribed in section 3301.0710 of the Revised Code, or | 32503 |
| meet other high academic performance standards determined by the | 32504 |
| board to reduce the need for remediation and ensure academic | 32505 |
| success at the postsecondary education level. The rules shall | 32506 |
| include a specification of procedures needed to certify student | 32507 |
| achievement of primary and secondary standards as well as the | 32508 |
| timeline for implementation of the provisions required under this | 32509 |
| section. | 32510 |
| Sec. 3333.162. (A) As used in this section, "state | 32511 |
| institution of higher education" means an institution of higher | 32512 |
| education as defined in section 3345.12 of the Revised Code. | 32513 |
| (B) By April 15, 2007, the Ohio board of regents, in | 32514 |
| consultation with the department of education, public adult and | 32515 |
| secondary career-technical education institutions, and state | 32516 |
| institutions of higher education, shall establish criteria, | 32517 |
| policies, and procedures that enable students to transfer agreed | 32518 |
| upon technical courses completed through an adult career-technical | 32519 |
| education institution, a public secondary career-technical | 32520 |
| institution, or a state institution of higher education to a state | 32521 |
| institution of higher education without unnecessary duplication or | 32522 |
| institutional barriers. The courses to which the criteria, | 32523 |
| policies, and procedures apply shall be those that adhere to | 32524 |
| recognized industry standards and equivalent coursework common to | 32525 |
| the secondary career pathway and adult career-technical education | 32526 |
| system and regionally accredited state institutions of higher | 32527 |
| education. Where applicable, the policies and procedures shall | 32528 |
| build upon the articulation agreement and transfer initiative | 32529 |
| course equivalency system required by section 3333.16 of the | 32530 |
| Revised Code. | 32531 |
| (C) By April 15, 2006, the board shall report to the general | 32532 |
| assembly on its progress in establishing these policies and | 32533 |
| procedures. | 32534 |
| Sec. 3333.27. As used in this section: | 32535 |
| (A) "Eligible institution" means a nonprofit Ohio institution | 32536 |
| of higher education that holds a certificate of authorization | 32537 |
| issued under section 1713.02 of the Revised Code and meets the | 32538 |
| requirements of Title VI of the Civil Rights Act of 1964. | 32539 |
| (B) "Resident" and "full-time student" have the meanings | 32540 |
| established for purposes of this section by rule of the Ohio board | 32541 |
| of regents. | 32542 |
| The board shall establish and administer a student choice | 32543 |
| grant program and shall adopt rules for the administration of the | 32544 |
| program. | 32545 |
| The board may make a grant to any resident of this state who | 32546 |
| is enrolled as a full-time student in a bachelor's degree program | 32547 |
| at an eligible institution and maintains an academic record that | 32548 |
| meets or exceeds the standard established pursuant to this section | 32549 |
| by rule of the board, except that no grant shall be made to any | 32550 |
| individual who was enrolled as a student in an institution of | 32551 |
| higher education on or before July 1, 1984, or is serving a term | 32552 |
| of imprisonment. The grant shall not exceed the lesser of the | 32553 |
| total instructional and general charges of the institution in | 32554 |
| which the student is enrolled, or an amount equal to one-fourth of | 32555 |
| the total of any state instructional subsidy amount distributed by | 32556 |
| the board in the second fiscal year of the preceding biennium for | 32557 |
| all full-time students enrolled in bachelor's degree programs at | 32558 |
| four-year state-assisted institutions of higher education divided | 32559 |
| by the sum of the actual number of full-time students enrolled in | 32560 |
| bachelor's degree programs at four-year state-assisted | 32561 |
| institutions of higher education reported to the board for such | 32562 |
| year by the institutions to which the subsidy was distributed. | 32563 |
| The board shall prescribe the form and manner of application | 32564 |
| for grants including the manner of certification by eligible | 32565 |
| institutions that each applicant from such institution is enrolled | 32566 |
| in a bachelor's degree program as a full-time student and has an | 32567 |
| academic record that meets or exceeds the standard established by | 32568 |
| the board. | 32569 |
| A grant awarded to an eligible student shall be paid to the | 32570 |
| institution in which the student is enrolled, and the institution | 32571 |
| shall reduce the student's instructional and general charges by | 32572 |
| the amount of the grant. Each grant awarded shall be prorated and | 32573 |
| paid in equal installments at the time of enrollment for each term | 32574 |
| of the academic year for which the grant is awarded. No student | 32575 |
| shall be eligible to receive a grant for more than ten semesters, | 32576 |
| fifteen quarters, or the equivalent of five academic years. | 32577 |
| The receipt of an Ohio student choice grant shall not affect | 32578 |
| a student's eligibility for assistance, or the amount of such | 32579 |
| assistance, granted under section 3315.33, 3333.12, 3333.122, | 32580 |
| 3333.22, 3333.26, 5910.03, 5910.032, or 5919.34 of the Revised | 32581 |
| Code. If a student receives assistance under one or more of such | 32582 |
| sections, the student choice grant made to the student shall not | 32583 |
| exceed the difference between the amount of assistance received | 32584 |
| under such sections and the total instructional and general | 32585 |
| charges of the institution in which the student is enrolled. | 32586 |
| The general assembly shall support the student choice grant | 32587 |
| program by such sums and in such manner as it may provide, but the | 32588 |
| board may also receive funds from other sources to support the | 32589 |
| program. | 32590 |
| No grant shall be made to any student enrolled in a course of | 32591 |
| study leading to a degree in theology, religion, or other field of | 32592 |
| preparation for a religious profession unless the course of study | 32593 |
| leads to an accredited bachelor of arts or bachelor of science | 32594 |
| degree. | 32595 |
| Institutions of higher education that enroll students | 32596 |
| receiving grants under this section shall report to the board the | 32597 |
| name of each student who has received such a grant but who is no | 32598 |
| longer eligible for all or part of such grant and shall refund all | 32599 |
| moneys due to the state within thirty days after the beginning of | 32600 |
| the term immediately following the term in which the student was | 32601 |
| no longer eligible to receive all or part of the grant. There | 32602 |
| shall be an interest charge of one per cent per month on all | 32603 |
| moneys due and payable after such thirty-day period. The board | 32604 |
| shall immediately notify the office of budget and management and | 32605 |
| 32606 | |
| commission of all refunds received. | 32607 |
| Sec. 3333.28. (A) The Ohio board of regents shall establish | 32608 |
| the nurse education assistance program, the purpose of which shall | 32609 |
| be to make loans to students enrolled in prelicensure nurse | 32610 |
| education programs at institutions approved by the board of | 32611 |
| nursing under section 4723.06 of the Revised Code and | 32612 |
| postlicensure nurse education programs approved by the board of | 32613 |
| regents under section 3333.04 of the Revised Code or offered by an | 32614 |
| institution holding a certificate of authorization issued by the | 32615 |
| board of regents under Chapter 1713. of the Revised Code. The | 32616 |
| board of nursing shall assist the board of regents in | 32617 |
| administering the program. | 32618 |
| (B) There is hereby created in the state treasury the nurse | 32619 |
| education assistance fund, which shall consist of all money | 32620 |
| transferred to it pursuant to section 4743.05 of the Revised Code. | 32621 |
| The fund shall be used by the board of regents for loans made | 32622 |
| under division (A) of this section and for expenses of | 32623 |
| administering the loan program. | 32624 |
| (C) | 32625 |
| of regents shall distribute money in the nurse education | 32626 |
| assistance fund in the following manner: | 32627 |
| (1)(a) Fifty per cent of available funds shall be awarded as | 32628 |
| loans to registered nurses enrolled in postlicensure nurse | 32629 |
| education programs described in division (A) of this section. To | 32630 |
| be eligible for a loan, the applicant shall provide the board with | 32631 |
| a letter of intent to practice as a faculty member at a | 32632 |
| prelicensure or postlicensure program for nursing in this state | 32633 |
| upon completion of the applicant's academic program. | 32634 |
| (b) If the borrower of a loan under division (C)(1)(a) of | 32635 |
| this section secures employment as a faculty member of an approved | 32636 |
| nursing education program in this state within six months | 32637 |
| following graduation from an approved nurse education program, the | 32638 |
| board may forgive the principal and interest of the student's | 32639 |
| loans received under division (C)(1)(a) of this section at a rate | 32640 |
| of twenty-five per cent per year, for a maximum of four years, for | 32641 |
| each year in which the borrower is so employed. A deferment of the | 32642 |
| service obligation, and other conditions regarding the forgiveness | 32643 |
| of loans may be granted as provided by the rules adopted under | 32644 |
| division (D)(7) of this section. | 32645 |
| (c) Loans awarded under division (C)(1)(a) of this section | 32646 |
| shall be awarded on the basis of the student's expected family | 32647 |
| contribution, with preference given to those applicants with the | 32648 |
| lowest expected family contribution. However, the board of regents | 32649 |
| may consider other factors it determines relevant in ranking the | 32650 |
| applications. | 32651 |
| (d) Each loan awarded to a student under division (C)(1)(a) | 32652 |
| of this section shall be not less than five thousand dollars per | 32653 |
| year. | 32654 |
| (2) Twenty-five per cent of available funds shall be awarded | 32655 |
| to students enrolled in prelicensure nurse education programs for | 32656 |
| registered nurses, as defined in section 4723.01 of the Revised | 32657 |
| Code. | 32658 |
| (3) Twenty-five per cent of available funds shall be awarded | 32659 |
| to students enrolled in prelicensure professional nurse education | 32660 |
| programs for licensed practical nurses, as defined in section | 32661 |
| 4723.01 of the Revised Code. | 32662 |
| After January 1, 2012, the board of regents shall determine | 32663 |
| the manner in which to distribute loans under this section. | 32664 |
| (D) Subject to the requirements specified in division (C) of | 32665 |
| this section, the board of regents shall adopt rules in accordance | 32666 |
| with Chapter 119. of the Revised Code establishing: | 32667 |
| (1) Eligibility criteria for receipt of a loan; | 32668 |
| (2) Loan application procedures; | 32669 |
| (3) The amounts in which loans may be made and the total | 32670 |
| amount that may be loaned to an individual; | 32671 |
| (4) The total amount of loans that can be made each year; | 32672 |
| (5) The percentage of the money in the fund that must remain | 32673 |
| in the fund at all times as a fund balance; | 32674 |
| (6) Interest and principal repayment schedules; | 32675 |
| (7) Conditions under which a portion of principal and | 32676 |
| interest obligations incurred by an individual under the program | 32677 |
| will be forgiven; | 32678 |
| (8) Ways that the program may be used to encourage | 32679 |
| individuals who are members of minority groups to enter the | 32680 |
| nursing profession; | 32681 |
| (9) Any other matters incidental to the operation of the | 32682 |
| program. | 32683 |
| | 32684 |
| interest on a loan made under this section shall be forgiven if | 32685 |
| the recipient of the loan meets the criteria for forgiveness | 32686 |
| established by division (C)(1)(b) of this section, in the case of | 32687 |
| loans awarded under division (C)(1)(a) of this section, or by the | 32688 |
| board of regents by
rule adopted under division | 32689 |
| section, in the case of other loans awarded under this section. | 32690 |
| | 32691 |
| affect a student's eligibility for assistance, or the amount of | 32692 |
| that assistance, granted under section 3333.12, 3333.122, 3333.22, | 32693 |
| 3333.26, 3333.27, 5910.03, 5910.032, or 5919.34 of the Revised | 32694 |
| Code, but the rules of the board of regents may provide for taking | 32695 |
| assistance received under those sections into consideration when | 32696 |
| determining a student's eligibility for a loan under this section. | 32697 |
| Sec. 3333.36. | 32698 |
| unexpended funds are available from general revenue fund | 32699 |
| appropriations made to the Ohio board of regents, the chancellor | 32700 |
| of the Ohio board of regents | 32701 |
| thousand dollars in each fiscal year to make payments to the | 32702 |
| Columbus program in intergovernmental issues, an Ohio internship | 32703 |
| program at Kent state university, for scholarships of up to two | 32704 |
| thousand dollars for each student enrolled in the program. The | 32705 |
| chancellor may utilize any general revenue funds appropriated to | 32706 |
| the board of regents that the chancellor determines to be | 32707 |
| available for purposes of this section. | 32708 |
| Sec. 3333.38. (A) As used in this section: | 32709 |
| (1) "Institution of higher education" includes all of the | 32710 |
| following: | 32711 |
| (a) A state institution of higher education, as defined in | 32712 |
| section 3345.011 of the Revised Code; | 32713 |
| (b) A nonprofit institution issued a certificate of | 32714 |
| authorization by the Ohio board of regents under Chapter 1713. of | 32715 |
| the Revised Code; | 32716 |
| (c) A private institution exempt from regulation under | 32717 |
| Chapter 3332. of the Revised Code, as prescribed in section | 32718 |
| 3333.046 of the Revised Code; | 32719 |
| (d) An institution of higher education with a certificate of | 32720 |
| registration from the state board of career colleges and schools | 32721 |
| under Chapter 3332. of the Revised Code. | 32722 |
| (2) "Student financial assistance supported by state funds" | 32723 |
| includes assistance granted under sections 3315.33, 3333.12, | 32724 |
| 3333.122, 3333.21, 3333.26, 3333.27, 3333.28, 3333.29, 3333.372, | 32725 |
| 5910.03, 5910.032, and 5919.34 of the Revised Code and any other | 32726 |
| post-secondary student financial assistance supported by state | 32727 |
| funds. | 32728 |
| (B) An individual who is convicted of, pleads guilty to, or | 32729 |
| is adjudicated a delinquent child for one of the following | 32730 |
| violations shall be ineligible to receive any student financial | 32731 |
| assistance supported by state funds at an institution of higher | 32732 |
| education for two calendar years from the time the individual | 32733 |
| applies for assistance of that nature: | 32734 |
| (1) A violation of section 2917.02 or 2917.03 of the Revised | 32735 |
| Code; | 32736 |
| (2) A violation of section 2917.04 of the Revised Code that | 32737 |
| is a misdemeanor of the fourth degree; | 32738 |
| (3) A violation of section 2917.13 of the Revised Code that | 32739 |
| is a misdemeanor of the fourth or first degree and occurs within | 32740 |
| the proximate area where four or more others are acting in a | 32741 |
| course of conduct in violation of section 2917.11 of the Revised | 32742 |
| Code. | 32743 |
| (C) If an individual is convicted of, pleads guilty to, or is | 32744 |
| adjudicated a delinquent child for committing a violation of | 32745 |
| section 2917.02 or 2917.03 of the Revised Code, and if the | 32746 |
| individual is enrolled in a state-supported institution of higher | 32747 |
| education, the institution in which the individual is enrolled | 32748 |
| shall immediately dismiss the individual. No state-supported | 32749 |
| institution of higher education shall admit an individual of that | 32750 |
| nature for one academic year after the individual applies for | 32751 |
| admission to a state-supported institution of higher education. | 32752 |
| This division does not limit or affect the ability of a | 32753 |
| state-supported institution of higher education to suspend or | 32754 |
| otherwise discipline its students. | 32755 |
| Sec. 3334.01. As used in this chapter: | 32756 |
| (A) "Aggregate original principal amount" means the aggregate | 32757 |
| of the initial offering prices to the public of college savings | 32758 |
| bonds, exclusive of accrued interest, if any. "Aggregate original | 32759 |
| principal amount" does not mean the aggregate accreted amount | 32760 |
| payable at maturity or redemption of such bonds. | 32761 |
| (B) "Beneficiary" means: | 32762 |
| (1) An individual designated by the purchaser under a tuition | 32763 |
| payment contract or through a scholarship program as the | 32764 |
|
individual on whose behalf tuition | 32765 |
| the contract or awarded through the scholarship program will be | 32766 |
| applied toward the payment of undergraduate, graduate, or | 32767 |
| professional tuition; or | 32768 |
| (2) An individual designated by the contributor under a | 32769 |
| variable college savings program contract as the individual whose | 32770 |
| tuition and other higher education expenses will be paid from a | 32771 |
| variable college savings program account. | 32772 |
| (C) "Capital appreciation bond" means a bond for which the | 32773 |
| following is true: | 32774 |
| (1) The principal amount is less than the amount payable at | 32775 |
| maturity or early redemption; and | 32776 |
| (2) No interest is payable on a current basis. | 32777 |
| (D) "Tuition | 32778 |
| trust authority purchased under section 3334.09 of the Revised | 32779 |
| Code. "Tuition unit" includes a tuition credit purchased prior to | 32780 |
| July 1, 1994. | 32781 |
| (E) "College savings bonds" means revenue and other | 32782 |
| obligations issued on behalf of the state or any agency or issuing | 32783 |
| authority thereof as a zero-coupon or capital appreciation bond, | 32784 |
| and designated as college savings bonds as provided in this | 32785 |
| chapter. "College savings bond issue" means any issue of bonds of | 32786 |
| which any part has been designated as college savings bonds. | 32787 |
| (F) "Institution of higher education" means a state | 32788 |
| institution of higher education, a private college, university, or | 32789 |
| other postsecondary institution located in this state that | 32790 |
| possesses a certificate of authorization issued by the Ohio board | 32791 |
| of regents pursuant to Chapter 1713. of the Revised Code or a | 32792 |
| certificate of registration issued by the state board of career | 32793 |
| colleges and schools under Chapter 3332. of the Revised Code, or | 32794 |
| an accredited college, university, or other postsecondary | 32795 |
| institution located outside this state that is accredited by an | 32796 |
| accrediting organization or professional association recognized by | 32797 |
| the authority. To be considered an institution of higher | 32798 |
| education, an institution shall meet the definition of an eligible | 32799 |
| educational institution under section 529 of the Internal Revenue | 32800 |
| Code. | 32801 |
| (G) "Issuing authority" means any authority, commission, | 32802 |
| body, agency, or individual empowered by the Ohio Constitution or | 32803 |
| the Revised Code to issue bonds or any other debt obligation of | 32804 |
| the state or any agency or department thereof. "Issuer" means the | 32805 |
| issuing authority or, if so designated under division (B) of | 32806 |
| section 3334.04 of the Revised Code, the treasurer of state. | 32807 |
| (H) "Tuition" means the charges imposed to attend an | 32808 |
| institution of higher education as an undergraduate, graduate, or | 32809 |
| professional student and all fees required as a condition of | 32810 |
| enrollment, as determined by the Ohio tuition trust authority. | 32811 |
| "Tuition" does not include laboratory fees, room and board, or | 32812 |
| other similar fees and charges. | 32813 |
| (I) "Weighted average tuition" means the tuition cost | 32814 |
| resulting from the following calculation: | 32815 |
| (1) Add the products of the annual undergraduate tuition | 32816 |
| charged to Ohio residents at each four-year state university | 32817 |
| multiplied by that institution's total number of undergraduate | 32818 |
| fiscal year equated students; and | 32819 |
| (2) Divide the gross total of the products from division | 32820 |
| (I)(1) of this section by the total number of undergraduate fiscal | 32821 |
| year equated students attending four-year state universities. | 32822 |
| When making this calculation, the "annual undergraduate | 32823 |
| tuition charged to Ohio residents" shall not incorporate any | 32824 |
| tuition reductions that vary in amount among individual recipients | 32825 |
| and that are awarded to Ohio residents based upon their particular | 32826 |
| circumstances, beyond any minimum amount awarded uniformly to all | 32827 |
| Ohio residents. In addition, any tuition reductions awarded | 32828 |
| uniformly to all Ohio residents shall be incorporated into this | 32829 |
| calculation. | 32830 |
| (J) "Zero-coupon bond" means a bond which has a stated | 32831 |
| interest rate of zero per cent and on which no interest is payable | 32832 |
| until the maturity or early redemption of the bond, and is offered | 32833 |
| at a substantial discount from its original stated principal | 32834 |
| amount. | 32835 |
| (K) "State institution of higher education" includes the | 32836 |
| state universities listed in section 3345.011 of the Revised Code, | 32837 |
| community colleges created pursuant to Chapter 3354. of the | 32838 |
| Revised Code, university branches created pursuant to Chapter | 32839 |
| 3355. of the Revised Code, technical colleges created pursuant to | 32840 |
| Chapter 3357. of the Revised Code, state community colleges | 32841 |
| created pursuant to Chapter 3358. of the Revised Code, the medical | 32842 |
| university of Ohio at Toledo, and the northeastern Ohio | 32843 |
| universities college of medicine. | 32844 |
| (L) "Four-year state university" means those state | 32845 |
| universities listed in section 3345.011 of the Revised Code. | 32846 |
| (M) "Principal amount" refers to the initial offering price | 32847 |
| to the public of an obligation, exclusive of the accrued interest, | 32848 |
| if any. "Principal amount" does not refer to the aggregate | 32849 |
| accreted amount payable at maturity or redemption of an | 32850 |
| obligation. | 32851 |
| (N) "Scholarship program" means a program registered with the | 32852 |
| Ohio tuition trust authority pursuant to section 3334.17 of the | 32853 |
| Revised Code. | 32854 |
| (O) "Internal Revenue Code" means the "Internal Revenue Code | 32855 |
| of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended. | 32856 |
| (P) "Other higher education expenses" means room and board | 32857 |
| and books, supplies, equipment, and nontuition-related fees | 32858 |
| associated with the cost of attendance of a beneficiary at an | 32859 |
| institution of higher education, but only to the extent that such | 32860 |
| expenses meet the definition of "qualified higher education | 32861 |
| expenses" under section 529 of the Internal Revenue Code. "Other | 32862 |
| higher education expenses" does not include tuition as defined in | 32863 |
| division (H) of this section. | 32864 |
| (Q) "Purchaser" means the person signing the tuition payment | 32865 |
|
contract, who controls
the account and acquires tuition | 32866 |
| units for an account under the terms and conditions of the | 32867 |
| contract. | 32868 |
| (R) "Contributor" means a person who signs a variable college | 32869 |
| savings program contract with the Ohio tuition trust authority and | 32870 |
| contributes to and owns the account created under the contract. | 32871 |
| (S) "Contribution" means any payment directly allocated to an | 32872 |
| account for the benefit of the designated beneficiary of the | 32873 |
| account. | 32874 |
| Sec. 3334.02. (A) In order to help make higher education | 32875 |
| affordable and accessible to all citizens of Ohio, to maintain | 32876 |
| state institutions of higher education by helping to provide a | 32877 |
| stable financial base to these institutions, to provide the | 32878 |
| citizens of Ohio with financing assistance for higher education | 32879 |
| and protection against rising tuition costs, to encourage saving | 32880 |
| to enhance the ability of citizens of Ohio to obtain financial | 32881 |
| access to institutions of higher education, to encourage | 32882 |
| elementary and secondary students in this state to achieve | 32883 |
| academic excellence, and to promote a well-educated and | 32884 |
| financially secure population to the ultimate benefit of all | 32885 |
| citizens of the state of Ohio, there is hereby created the Ohio | 32886 |
| college savings program. The program shall consist of the issuance | 32887 |
|
of college savings bonds and the sale of tuition
| 32888 |
| 32889 |
| (B) The provisions of Chapter 1707. of the Revised Code shall | 32890 |
| not apply to tuition
| 32891 |
| related thereto. | 32892 |
| (C) To provide the citizens of Ohio with a choice of | 32893 |
| tax-advantaged college savings programs and the opportunity to | 32894 |
| participate in more than one type of college savings program at a | 32895 |
| time, the Ohio tuition trust authority shall establish and | 32896 |
| administer a variable college savings program as a qualified state | 32897 |
| tuition program under section 529 of the Internal Revenue Code. | 32898 |
| The program shall allow contributors to make cash contributions to | 32899 |
| variable college savings program accounts created for the purpose | 32900 |
| of paying future tuition and other higher education expenses and | 32901 |
| providing variable rates of return on contributions. | 32902 |
| (D) A person may participate simultaneously in both the Ohio | 32903 |
| college savings program and the variable college savings program. | 32904 |
| Sec. 3334.03. (A) There is hereby created the Ohio tuition | 32905 |
| trust authority, which shall have the powers enumerated in this | 32906 |
| chapter and which shall operate as a qualified state tuition | 32907 |
| program within the meaning of section 529 of the Internal Revenue | 32908 |
| Code. The exercise by the authority of its powers shall be and is | 32909 |
| hereby declared an essential state governmental function. The | 32910 |
| authority is subject to all provisions of law generally applicable | 32911 |
| to state agencies which do not conflict with the provisions of | 32912 |
| this chapter. | 32913 |
| (B) The Ohio tuition trust authority shall consist of eleven | 32914 |
| members, no more than six of whom shall be of the same political | 32915 |
| party. Six members shall be appointed by the governor with the | 32916 |
| advice and consent of the senate as follows: one shall represent | 32917 |
| state institutions of higher education, one shall represent | 32918 |
| private nonprofit colleges and universities located in Ohio, one | 32919 |
| shall have experience in the field of marketing or public | 32920 |
| relations, one shall have experience in the field of information | 32921 |
| systems design or management, and two shall have experience in the | 32922 |
| field of banking, investment banking, insurance, or law. Four | 32923 |
| members shall be appointed by the speaker of the house of | 32924 |
| representatives and the president of the senate as follows: the | 32925 |
| speaker of the house of representatives shall appoint one member | 32926 |
| of the house from each political party and the president of the | 32927 |
| senate shall appoint one member of the senate from each political | 32928 |
| party. The chancellor of the board of regents shall be an ex | 32929 |
| officio voting member; provided, however, that the chancellor may | 32930 |
| designate a vice-chancellor of the board of regents to serve as | 32931 |
| the chancellor's representative. The political party of the | 32932 |
| chancellor shall be deemed the political party of the designee for | 32933 |
| purposes of determining that no more than six members are of the | 32934 |
| same political party. | 32935 |
| Initial gubernatorial appointees to the authority shall serve | 32936 |
| staggered terms, with two terms expiring on January 31, 1991, one | 32937 |
| term expiring on January 31, 1992, and one term expiring on | 32938 |
| January 31, 1993. The governor shall appoint two additional | 32939 |
|
members to the authority no later than thirty days after
| 32940 |
| 32941 | |
| terms shall expire January 31, 2002. Thereafter, terms of office | 32942 |
| for gubernatorial appointees shall be for four years. The initial | 32943 |
| terms of the four legislative members shall expire on January 31, | 32944 |
| 1991. Thereafter legislative members shall serve two-year terms, | 32945 |
| provided that legislative members may continue to serve on the | 32946 |
| authority only if they remain members of the general assembly. Any | 32947 |
| vacancy on the authority shall be filled in the same manner as the | 32948 |
| original appointment, except that any person appointed to fill a | 32949 |
| vacancy shall be appointed to the remainder of the unexpired term. | 32950 |
| Any member is eligible for reappointment. | 32951 |
| (C) Any member may be removed by the appointing authority for | 32952 |
| misfeasance, malfeasance, or willful neglect of duty or for other | 32953 |
| cause after notice and a public hearing, unless the notice and | 32954 |
| hearing are waived in writing by the member. Members shall serve | 32955 |
| without compensation but shall receive their reasonable and | 32956 |
| necessary expenses incurred in the conduct of authority business. | 32957 |
| (D) The speaker of the house of representatives and the | 32958 |
| president of the senate shall each designate a member of the | 32959 |
| authority to serve as co-chairpersons. The six gubernatorial | 32960 |
| appointees and the chancellor of the board of regents or the | 32961 |
| chancellor's designee shall serve as the executive committee of | 32962 |
| the authority, and shall elect an executive chairperson from among | 32963 |
| the executive committee members. The authority and the executive | 32964 |
| committee may elect such other officers as determined by the | 32965 |
| authority or the executive committee respectively. The authority | 32966 |
| shall meet at least annually at the call of either co-chairperson | 32967 |
| and at such other times as either co-chairperson or the authority | 32968 |
| determines necessary. In the absence of both co-chairpersons, the | 32969 |
| executive chairperson shall serve as the presiding officer of the | 32970 |
| authority. The executive committee shall meet at the call of the | 32971 |
| executive chairperson or as the executive committee determines | 32972 |
| necessary. The authority may delegate to the executive committee | 32973 |
| such duties and responsibilities as the authority determines | 32974 |
| appropriate, except that the authority may not delegate to the | 32975 |
| executive committee the final determination of the annual price of | 32976 |
|
a tuition
| 32977 |
| savings bonds, or the employment of an executive director of the | 32978 |
| authority. Upon such delegation, the executive committee shall | 32979 |
| have the authority to act pursuant to such delegation without | 32980 |
| further approval or action by the authority. A majority of the | 32981 |
| authority shall constitute a quorum of the authority, and the | 32982 |
| affirmative vote of a majority of the members present shall be | 32983 |
| necessary for any action taken by the authority. A majority of the | 32984 |
| executive committee shall constitute a quorum of the executive | 32985 |
| committee, and the affirmative vote of a majority of the members | 32986 |
| present shall be necessary for any action taken by the executive | 32987 |
| committee. No vacancy in the membership of the authority or the | 32988 |
| executive committee shall impair the rights of a quorum to | 32989 |
| exercise all rights and perform all duties of the authority or the | 32990 |
| executive committee respectively. | 32991 |
| Sec. 3334.07. (A) The Ohio tuition trust authority shall | 32992 |
| develop a plan for the sale of tuition | 32993 |
| board of regents shall cooperate with the authority and provide | 32994 |
| technical assistance upon request. | 32995 |
| (B) Annually, the authority shall determine the weighted | 32996 |
| average tuition of four-year state universities in the academic | 32997 |
| year that begins on or after the first day of August of the | 32998 |
| current calendar year, and shall establish the price of a tuition | 32999 |
| 33000 | |
| on sound actuarial principles, and shall, to the extent | 33001 |
| actuarially possible, reasonably approximate one per cent of the | 33002 |
| weighted average tuition for that academic year plus the costs of | 33003 |
|
administering the | 33004 |
| general revenue fund appropriations for administrative costs. The | 33005 |
| sales period to which such price applies shall consist of twelve | 33006 |
| months, and the authority by rule shall establish the date on | 33007 |
| which the sales period begins. If circumstances arise during a | 33008 |
| sales period that the authority determines causes the price of | 33009 |
| tuition | 33010 |
| soundness of the Ohio tuition trust fund, the authority may adjust | 33011 |
| the price of tuition | 33012 |
| of the sales period. To promote the purchase of
tuition | 33013 |
| units and in accordance with actuarially sound principles, the | 33014 |
| authority may adjust the sales price as part of incentive | 33015 |
| programs, such as discounting for | 33016 |
| multi-year installment plans at a fixed rate of purchase. | 33017 |
| Sec. 3334.08. (A) Subject to division (B) of this section, | 33018 |
| in addition to any other powers conferred by this chapter, the | 33019 |
| Ohio tuition trust authority may do any of the following: | 33020 |
| (1) Impose reasonable residency requirements for | 33021 |
|
beneficiaries of tuition | 33022 |
| (2) Impose reasonable limits on the number of tuition
| 33023 |
| unit participants; | 33024 |
| (3) Impose and collect administrative fees and charges in | 33025 |
| connection with any transaction under this chapter; | 33026 |
| (4) Purchase insurance from insurers licensed to do business | 33027 |
| in this state providing for coverage against any loss in | 33028 |
| connection with the authority's property, assets, or activities or | 33029 |
| to further ensure the value of tuition | 33030 |
| (5) Indemnify or purchase policies of insurance on behalf of | 33031 |
| members, officers, and employees of the authority from insurers | 33032 |
| licensed to do business in this state providing for coverage for | 33033 |
| any liability incurred in connection with any civil action, | 33034 |
| demand, or claim against a director, officer, or employee by | 33035 |
| reason of an act or omission by the director, officer, or employee | 33036 |
| that was not manifestly outside the scope of the employment or | 33037 |
| official duties of the director, officer, or employee or with | 33038 |
| malicious purpose, in bad faith, or in a wanton or reckless | 33039 |
| manner; | 33040 |
| (6) Make, execute, and deliver contracts, conveyances, and | 33041 |
| other instruments necessary to the exercise and discharge of the | 33042 |
| powers and duties of the authority; | 33043 |
| (7) Promote, advertise, and publicize the Ohio college | 33044 |
| savings program and the variable college savings program; | 33045 |
| (8) Adopt rules under section 111.15 of the Revised Code for | 33046 |
| the implementation of the Ohio college savings program; | 33047 |
| (9) Contract, for the provision of all or part of the | 33048 |
| services necessary for the management and operation of the Ohio | 33049 |
| college savings program and the variable college savings program, | 33050 |
| with a bank, trust company, savings and loan association, | 33051 |
| insurance company, or licensed dealer in securities if the bank, | 33052 |
| company, association, or dealer is authorized to do business in | 33053 |
| this state and information about the contract is filed with the | 33054 |
| controlling board pursuant to division (D)(6) of section 127.16 of | 33055 |
| the Revised Code; | 33056 |
| (10) Contract for other services, or for goods, needed by the | 33057 |
| authority in the conduct of its business, including but not | 33058 |
| limited to credit card services; | 33059 |
| (11) Employ an executive director and other personnel as | 33060 |
| necessary to carry out its responsibilities under this chapter, | 33061 |
| and fix the compensation of these persons. All employees of the | 33062 |
| authority shall be in the unclassified civil service and shall be | 33063 |
| eligible for membership in the public employees retirement system. | 33064 |
| (12) Contract with financial consultants, actuaries, | 33065 |
| auditors, and other consultants as necessary to carry out its | 33066 |
| responsibilities under this chapter; | 33067 |
| (13) Enter into agreements with any agency of the state or | 33068 |
| its political subdivisions or with private employers under which | 33069 |
| an employee may agree to have a designated amount deducted in each | 33070 |
| payroll period from the wages or salary due the employee for the | 33071 |
| purpose of purchasing tuition | 33072 |
| payment contract or making contributions pursuant to a variable | 33073 |
| college savings program contract; | 33074 |
| (14) Enter into an agreement with the treasurer of state | 33075 |
| under which the treasurer of state will receive, and credit to the | 33076 |
| Ohio tuition trust fund or variable college savings program fund, | 33077 |
| from any bank or savings and loan association authorized to do | 33078 |
| business in this state, amounts that a depositor of the bank or | 33079 |
| association authorizes the bank or association to withdraw | 33080 |
| periodically from the depositor's account for the purpose of | 33081 |
| purchasing tuition | 33082 |
| contract or making contributions pursuant to a variable college | 33083 |
| savings program contract; | 33084 |
| (15) Solicit and accept gifts, grants, and loans from any | 33085 |
| person or governmental agency and participate in any governmental | 33086 |
| program; | 33087 |
| (16) Impose limits
on the number of | 33088 |
| be purchased on behalf of or assigned or awarded to any | 33089 |
| beneficiary and on the total amount of contributions that may be | 33090 |
| made on behalf of a beneficiary; | 33091 |
| (17) Impose restrictions on the substitution of another | 33092 |
| individual for the original beneficiary under the Ohio college | 33093 |
| savings program; | 33094 |
| (18) Impose a limit on the age of a beneficiary, above which | 33095 |
| tuition | 33096 |
| beneficiary; | 33097 |
| (19) Enter into a cooperative agreement with the treasurer of | 33098 |
| state to provide for the direct disbursement of payments under | 33099 |
| tuition payment or variable college savings program contracts; | 33100 |
| (20) Determine the other higher education expenses for which | 33101 |
|
tuition | 33102 |
| (21) Terminate any tuition payment or variable college | 33103 |
| savings program contract if no purchases or contributions are made | 33104 |
| for a period of three years or more and there are fewer than a | 33105 |
| total of five tuition units | 33106 |
| dollar amount set by rule on account, provided that notice of a | 33107 |
| possible termination shall be provided in advance, explaining any | 33108 |
| options to prevent termination, and a reasonable amount of time | 33109 |
| shall be provided within which to act to prevent a termination; | 33110 |
| (22) Maintain a separate account for each tuition payment or | 33111 |
| variable college savings program contract; | 33112 |
| (23) Perform all acts necessary and proper to carry out the | 33113 |
| duties and responsibilities of the authority pursuant to this | 33114 |
| chapter. | 33115 |
| (B) The authority shall adopt rules under section 111.15 of | 33116 |
| the Revised Code for the implementation and administration of the | 33117 |
| variable college savings program. The rules shall provide | 33118 |
| taxpayers with the maximum tax advantages and flexibility | 33119 |
| consistent with section 529 of the Internal Revenue Code and | 33120 |
| regulations adopted thereunder with regard to disposition of | 33121 |
| contributions and earnings, designation of beneficiaries, and | 33122 |
| rollover of account assets to other programs. | 33123 |
| (C) Except as otherwise specified in this chapter, the | 33124 |
| provisions of Chapters 123., 125., and 4117. of the Revised Code | 33125 |
| shall not apply to the authority. The department of administrative | 33126 |
| services shall, upon the request of the authority, act as the | 33127 |
| authority's agent for the purchase of equipment, supplies, | 33128 |
| insurance, or services, or the performance of administrative | 33129 |
| services pursuant to Chapter 125. of the Revised Code. | 33130 |
| Sec. 3334.09. (A) Except in the case of a scholarship | 33131 |
| program established in accordance with section 3334.17 of the | 33132 |
| Revised Code, the Ohio tuition trust authority may enter into a | 33133 |
| tuition payment contract with any person for the purchase of | 33134 |
| tuition | 33135 |
| is a resident of this state at the time the contract is entered | 33136 |
| into. A tuition payment contract shall allow any person to | 33137 |
| purchase tuition | 33138 |
| authority pursuant to section 3334.07 or 3334.12 of the Revised | 33139 |
|
Code for the year in which the tuition | 33140 |
| The purchaser shall name in the payment contract one specific | 33141 |
| individual as the beneficiary
for the tuition | 33142 |
| In accordance with rules of the authority, | 33143 |
| be transferred to the credit of another beneficiary and a new | 33144 |
| beneficiary may be substituted for the beneficiary originally | 33145 |
| named in the contract. | 33146 |
| (B) Each tuition | 33147 |
| an amount equal to one per cent of the weighted average tuition. | 33148 |
| (C) Nothing in this chapter or in any tuition payment | 33149 |
| contract entered into pursuant to this chapter shall be construed | 33150 |
| as a guarantee by the state, the authority, or any institution of | 33151 |
| higher education that a beneficiary will be admitted to an | 33152 |
| institution of higher education, or, upon admission to an | 33153 |
| institution of higher education, will be permitted to continue to | 33154 |
| attend or will receive a degree from an institution of higher | 33155 |
| education. Nothing in this chapter or in any tuition payment | 33156 |
| contract entered into pursuant to this chapter shall be considered | 33157 |
| a guarantee that the beneficiary's cost of tuition at an | 33158 |
| institution of higher education other than a state institution of | 33159 |
| higher education will be covered in full by the proceeds of the | 33160 |
| beneficiary's tuition | 33161 |
| (D) The following information shall be disclosed in writing | 33162 |
| to each purchaser of tuition | 33163 |
| to each entity establishing a scholarship program under section | 33164 |
| 3334.17 of the Revised Code: | 33165 |
| (1) The terms and conditions for the purchase and use of | 33166 |
| tuition | 33167 |
| (2) In the case of a contract described by division (A) of | 33168 |
| this section, any restrictions on the substitution of another | 33169 |
| individual for the original beneficiary and any restrictions on | 33170 |
|
the transfer of ownership of | 33171 |
| (3) The person or entity entitled to terminate the contract; | 33172 |
| (4) The terms and conditions under which the contract may be | 33173 |
| terminated and the amount of the refund, if any, to which the | 33174 |
| person or entity terminating the contract, or that person's or | 33175 |
| entity's designee, is entitled upon termination; | 33176 |
| (5) The obligation of the authority to make payments to a | 33177 |
| beneficiary, or an institution of higher education on behalf of a | 33178 |
| beneficiary, under division (B) of this section based upon the | 33179 |
|
number of tuition | 33180 |
| beneficiary or awarded to the beneficiary pursuant to a | 33181 |
| scholarship program; | 33182 |
| (6) The method by which tuition | 33183 |
| applied toward payment of tuition and other higher education | 33184 |
| expenses if in any academic term the beneficiary is a part-time | 33185 |
| student; | 33186 |
| (7) The period of time during which a beneficiary may receive | 33187 |
| benefits under the contract; | 33188 |
| (8) The terms and conditions under which money may be wholly | 33189 |
| or partially withdrawn from the program, including, but not | 33190 |
| limited to, any reasonable charges and fees that may be imposed | 33191 |
| for withdrawal; | 33192 |
| (9) All other rights and obligations of the purchaser and the | 33193 |
| authority, including the provisions of division (A) of section | 33194 |
| 3334.12 of the Revised Code, and any other terms, conditions, and | 33195 |
| provisions the authority considers necessary and appropriate. | 33196 |
| (E) A tuition payment contract may provide that the authority | 33197 |
| will pay directly to the institution of higher education in which | 33198 |
| a beneficiary is enrolled during a term the amount represented by | 33199 |
| the tuition | 33200 |
| (F) A tuition payment contract described by division (A) of | 33201 |
| this section may provide that if the contract has not been | 33202 |
| terminated or | 33203 |
| been applied toward the payment of tuition or other higher | 33204 |
| education expenses within a specified period of time, the | 33205 |
| authority may, after making a reasonable effort to locate the | 33206 |
| purchaser of the tuition | 33207 |
| person designated in the contract to act on behalf of the | 33208 |
| purchaser of the | 33209 |
| contract and retain the amounts payable under the contract. | 33210 |
| (G) If, at any time after tuition | 33211 |
| on behalf of a beneficiary or awarded to a beneficiary or pursuant | 33212 |
| to a scholarship program, the beneficiary becomes a nonresident of | 33213 |
| this state, or, if the beneficiary was not a resident of this | 33214 |
| state at the time the tuition payment contract was entered into, | 33215 |
| the purchaser becomes a nonresident of this state,
| 33216 |
| purchased or awarded while the beneficiary was a resident may be | 33217 |
| applied on behalf of the beneficiary toward the payment of tuition | 33218 |
| at an institution of higher education and other higher education | 33219 |
| expenses in the manner specified in division (B) of this section, | 33220 |
| except that if the beneficiary enrolls in a state institution of | 33221 |
| higher education, the beneficiary shall be responsible for payment | 33222 |
| of all nonresident fees charged to out-of-state residents by the | 33223 |
| institution in which the beneficiary is enrolled. | 33224 |
| Sec. 3334.10. Divisions (A) | 33225 |
| section do not apply to scholarship programs established under | 33226 |
| section 3334.17 of the Revised Code. | 33227 |
| (A) Unless otherwise provided for in the
| 33228 |
|
payment
contract | 33229 |
| 33230 | |
| 33231 |
| | 33232 |
| 33233 |
| | 33234 |
| 33235 | |
| 33236 | |
| 33237 |
| | 33238 |
| 33239 |
| | 33240 |
| 33241 |
| | 33242 |
| 33243 |
| | 33244 |
| 33245 | |
| , the purchaser may rollover amounts to another qualified tuition | 33246 |
| program under section 529 of the Internal Revenue Code or | 33247 |
| terminate the contract for any reason by filing written notice | 33248 |
| with the Ohio tuition trust authority. | 33249 |
| (1)
| 33250 |
| 33251 | |
| under eighteen years of age, the authority shall use actuarially | 33252 |
| sound principles to determine the
amount of
the refund | 33253 |
| 33254 | |
| 33255 | |
| 33256 | |
| 33257 | |
| 33258 | |
| 33259 | |
| 33260 | |
| 33261 |
| (2)
| 33262 |
| the contract is terminated because of the death or permanent | 33263 |
| disability of the beneficiary, the amount of the refund shall be | 33264 |
| equal to the greater of the following: | 33265 |
| (a) One per cent of the weighted average tuition in the | 33266 |
| academic year the refund is paid, multiplied by the number of | 33267 |
|
tuition
| 33268 |
| (b) The total purchase price of all tuition
| 33269 |
| purchased for the beneficiary and not used. | 33270 |
| (3) | 33271 |
| 33272 | |
| 33273 |
| | 33274 |
| | 33275 |
| 33276 | |
| 33277 | |
| 33278 | |
| 33279 | |
| part of the amount accrued under the contract is liquidated for a | 33280 |
| rollover to another qualified tuition program under section 529 of | 33281 |
| the Internal Revenue Code, the rollover amount shall be determined | 33282 |
| in an actuarially sound manner. | 33283 |
| | 33284 |
|
contributor of a variable college
savings program
account may
| 33285 |
| 33286 | |
| program under section 529 of the Internal Revenue Code or | 33287 |
| terminate the
| 33288 |
| 33289 | |
| 33290 | |
| 33291 | |
| 33292 |
| | 33293 |
| 33294 | |
| 33295 | |
| authority. | 33296 |
| | 33297 |
|
may
receive | 33298 |
| 33299 | |
| 33300 | |
| 33301 | |
| 33302 | |
| 33303 |
| | 33304 |
| 33305 | |
| 33306 | |
| 33307 | |
| 33308 | |
| 33309 | |
| 33310 |
| | 33311 |
| 33312 | |
| 33313 | |
| 33314 |
| | 33315 |
| refund of
tuition
| 33316 |
| 33317 | |
| request with the authority. The refund shall be paid to the entity | 33318 |
| that established the scholarship program or, with that entity's | 33319 |
| approval, to the authority if this is authorized by federal tax | 33320 |
| law. The amount of any refund shall be determined by the authority | 33321 |
| and shall meet the requirements for refunds made on account of | 33322 |
| scholarships under section 529 of the Internal Revenue Code. | 33323 |
| | 33324 |
| 33325 | |
| 33326 | |
| 33327 | |
| 33328 | |
| 33329 | |
| 33330 | |
| 33331 | |
| 33332 | |
| 33333 | |
| 33334 | |
| 33335 | |
| 33336 | |
| 33337 | |
| 33338 | |
| 33339 | |
| 33340 |
| | 33341 |
| 33342 | |
| 33343 | |
| 33344 | |
| 33345 | |
| 33346 | |
| 33347 | |
| 33348 | |
| 33349 | |
| 33350 | |
| 33351 | |
| 33352 | |
| 33353 | |
| 33354 |
| | 33355 |
| each variable college savings contract entered into pursuant to | 33356 |
| division (A) of section 3334.18 of the Revised Code for | 33357 |
| contributions made on behalf of a beneficiary, showing the name of | 33358 |
| the beneficiary of that contract and the amount of contributions | 33359 |
| made pursuant to that contract. Upon request of any beneficiary or | 33360 |
| contributor, the authority shall provide a statement indicating, | 33361 |
| in the case of a beneficiary, the amount of contributions made | 33362 |
| pursuant to that contract on behalf of the beneficiary, or, in the | 33363 |
| case of a contributor, contributions made, disbursed, or refunded | 33364 |
| pursuant to that contract. | 33365 |
| Sec. 3334.11. (A) The assets of the Ohio tuition trust | 33366 |
| authority reserved for payment of the obligations of the authority | 33367 |
| pursuant to tuition payment contracts shall be placed in a fund, | 33368 |
| which is hereby created and shall be known as the Ohio tuition | 33369 |
| trust fund. The fund shall be in the custody of the treasurer of | 33370 |
| state, but shall not be part of the state treasury. That portion | 33371 |
| of payments received by the authority or the treasurer of state | 33372 |
| from persons purchasing tuition | 33373 |
| payment contracts that the authority determines is actuarially | 33374 |
| necessary for the payment of obligations of the authority pursuant | 33375 |
| to tuition payment contracts, all interest and investment income | 33376 |
| earned by the fund, and all other receipts of the authority from | 33377 |
| any other source that the authority determines appropriate, shall | 33378 |
| be deposited in the fund. No purchaser or beneficiary of tuition | 33379 |
| 33380 | |
| institution of higher education. All investment fees and other | 33381 |
| costs incurred in connection with the exercise of the investment | 33382 |
| powers of the authority pursuant to divisions (D) and (E) of this | 33383 |
| section shall be paid from the assets of the fund. | 33384 |
| (B) Unless otherwise provided by the authority, the assets of | 33385 |
| the Ohio tuition trust fund shall be expended in the following | 33386 |
| order: | 33387 |
| (1) To make payments to beneficiaries, or institutions of | 33388 |
| higher education on behalf of beneficiaries, under division (B) of | 33389 |
| section 3334.09 of the Revised Code; | 33390 |
| (2) To make refunds as provided in divisions | 33391 |
| 33392 |
| (3) To pay the investment fees and other costs of | 33393 |
| administering the fund. | 33394 |
| (C)(1) Except as may be provided in an agreement under | 33395 |
| division (A)(19) of section 3334.08 of the Revised Code, all | 33396 |
| disbursements from the Ohio tuition trust fund shall be made by | 33397 |
| the treasurer of state on order of a designee of the authority. | 33398 |
| (2) The treasurer of state shall deposit any portion of the | 33399 |
| Ohio tuition trust fund not needed for immediate use in the same | 33400 |
| manner as state funds are deposited. | 33401 |
| (D) The authority is the trustee of the Ohio tuition trust | 33402 |
| fund. The authority shall have full power to invest the assets of | 33403 |
| the fund and in exercising this power shall be subject to the | 33404 |
| limitations and requirements contained in divisions (K) to (M) of | 33405 |
| this section and sections 145.112 and 145.113 of the Revised Code. | 33406 |
| The evidences of title of all investments shall be delivered to | 33407 |
| the treasurer of state or to a qualified trustee designated by the | 33408 |
| treasurer of state as provided in section 135.18 of the Revised | 33409 |
| Code. Assets of the fund shall be administered by the authority in | 33410 |
| a manner designed to be actuarially sound so that the assets of | 33411 |
| the fund will be sufficient to satisfy the obligations of the | 33412 |
| authority pursuant to tuition payment contracts and defray the | 33413 |
| reasonable expenses of administering the fund. | 33414 |
| (E) The public employees retirement board shall, with the | 33415 |
| approval of the authority, exercise the investment powers of the | 33416 |
| authority as set forth in division (D) of this section until the | 33417 |
| authority determines that assumption and exercise by the authority | 33418 |
| of the investment powers is financially and administratively | 33419 |
| feasible. The investment powers shall be exercised by the public | 33420 |
| employees retirement board in a manner agreed upon by the | 33421 |
| authority that maximizes the return on investment and minimizes | 33422 |
| the administrative expenses. | 33423 |
| (F)(1) The authority shall maintain a separate account for | 33424 |
| each tuition payment contract entered into pursuant to division | 33425 |
| (A) of section 3334.09 of the Revised Code for the purchase of | 33426 |
|
tuition | 33427 |
| showing the beneficiary or beneficiaries of that contract and the | 33428 |
|
number of tuition | 33429 |
| contract. Upon request of any beneficiary or person who has | 33430 |
| entered into a tuition payment contract, the authority shall | 33431 |
| provide a statement indicating, in the case of a beneficiary, the | 33432 |
| number of tuition
| 33433 |
| beneficiary, or in the case of a person who has entered into a | 33434 |
| tuition payment contract, the
number of tuition | 33435 |
| purchased, used, or refunded pursuant to that contract. A | 33436 |
| beneficiary and person that have entered into a tuition payment | 33437 |
| contract each may file only one request under this division in any | 33438 |
| year. | 33439 |
| (2) The authority shall maintain an account for each | 33440 |
|
scholarship program showing the number of tuition | 33441 |
| that have been purchased for or donated to the program and the | 33442 |
| number
of tuition | 33443 |
| request of the entity that established the scholarship program, | 33444 |
| the authority shall provide a statement indicating these numbers. | 33445 |
| (G) In addition to the Ohio tuition trust fund, there is | 33446 |
| hereby established a reserve fund that shall be in the custody of | 33447 |
| the treasurer of state but shall not be part of the state | 33448 |
| treasury, and shall be known as the Ohio tuition trust reserve | 33449 |
| fund, and an operating fund that shall be part of the state | 33450 |
| treasury, and shall be known as the Ohio tuition trust operating | 33451 |
| fund. That portion of payments received by the authority or the | 33452 |
|
treasurer of state from persons purchasing tuition | 33453 |
| under tuition payment contracts that the authority determines is | 33454 |
| not actuarially necessary for the payment of obligations of the | 33455 |
| authority pursuant to tuition payment contracts, any interest and | 33456 |
| investment income earned by the reserve fund, any administrative | 33457 |
| charges and fees imposed by the authority on transactions under | 33458 |
|
this chapter or on purchasers or beneficiaries of tuition
| 33459 |
| units, and all other receipts from any other source that the | 33460 |
| authority determines appropriate, shall be deposited in the | 33461 |
| reserve fund to pay the operating expenses of the authority and | 33462 |
| the costs of administering the program. The assets of the reserve | 33463 |
| fund may be invested in the same manner and subject to the same | 33464 |
| limitations set forth in divisions (D), (E), and (K) to (M) of | 33465 |
| this section and sections 145.112 and 145.113 of the Revised Code. | 33466 |
| All investment fees and other costs incurred in connection with | 33467 |
| the exercise of the investment powers shall be paid from the | 33468 |
| assets of the reserve fund. Except as otherwise provided for in | 33469 |
| this chapter, all operating expenses of the authority and costs of | 33470 |
| administering the program shall be paid from the operating fund. | 33471 |
| The treasurer shall, upon request of the authority, transfer funds | 33472 |
| from the reserve fund to the operating fund as the authority | 33473 |
| determines appropriate to pay those current operating expenses of | 33474 |
| the authority and costs of administering the program as the | 33475 |
| authority designates. Any interest or investment income earned on | 33476 |
| the assets of the operating fund shall be deposited in the | 33477 |
| operating fund. | 33478 |
| (H) In January of each year the authority shall report to | 33479 |
| each person who received any payments or refunds from the | 33480 |
| authority during the preceding year information relative to the | 33481 |
| value of the payments or refunds to assist in determining that | 33482 |
| person's tax liability. | 33483 |
| (I) The authority shall report to the tax commissioner any | 33484 |
| information, and at the times, as the tax commissioner requires to | 33485 |
| determine any tax liability that a person may have incurred during | 33486 |
| the preceding year as a result of having received any payments or | 33487 |
| refunds from the authority. | 33488 |
| (J) All records of the authority indicating the identity of | 33489 |
| purchasers and beneficiaries of tuition | 33490 |
|
savings bonds, the number of tuition | 33491 |
| used, or refunded under a tuition payment contract, and the number | 33492 |
| of college savings bonds purchased, held, or redeemed are not | 33493 |
| public records within the meaning of section 149.43 of the Revised | 33494 |
| Code. | 33495 |
| (K) The authority and other fiduciaries shall discharge their | 33496 |
| duties with respect to the funds with care, skill, prudence, and | 33497 |
| diligence under the circumstances then prevailing that a prudent | 33498 |
| person acting in a like capacity and familiar with such matters | 33499 |
| would use in the conduct of an enterprise of a like character and | 33500 |
| with like aims; and by diversifying the investments of the assets | 33501 |
| of the funds so as to minimize the risk of large losses, unless | 33502 |
| under the circumstances it is clearly prudent not to do so. | 33503 |
| To facilitate investment of the funds, the authority may | 33504 |
| establish a partnership, trust, limited liability company, | 33505 |
| corporation, including a corporation exempt from taxation under | 33506 |
| the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C. 1, as | 33507 |
| amended, or any other legal entity authorized to transact business | 33508 |
| in this state. | 33509 |
| (L) In exercising its fiduciary responsibility with respect | 33510 |
| to the investment of the assets of the funds, it shall be the | 33511 |
| intent of the authority to give consideration to investments that | 33512 |
| enhance the general welfare of the state and its citizens where | 33513 |
| the investments offer quality, return, and safety comparable to | 33514 |
| other investments currently available to the authority. In | 33515 |
| fulfilling this intent, equal consideration shall also be given to | 33516 |
| investments otherwise qualifying under this section that involve | 33517 |
| minority owned and controlled firms and firms owned and controlled | 33518 |
| by women, either alone or in joint venture with other firms. | 33519 |
| The authority shall adopt, in regular meeting, policies, | 33520 |
| objectives, or criteria for the operation of the investment | 33521 |
| program that include asset allocation targets and ranges, risk | 33522 |
| factors, asset class benchmarks, time horizons, total return | 33523 |
| objectives, and performance evaluation guidelines. In adopting | 33524 |
| policies and criteria for the selection of agents with whom the | 33525 |
| authority may contract for the administration of the assets of the | 33526 |
| funds, the authority shall give equal consideration to minority | 33527 |
| owned and controlled firms, firms owned and controlled by women, | 33528 |
| and ventures involving minority owned and controlled firms and | 33529 |
| firms owned and controlled by women that otherwise meet the | 33530 |
| policies and criteria established by the authority. Amendments and | 33531 |
| additions to the policies and criteria shall be adopted in regular | 33532 |
| meeting. The authority shall publish its policies, objectives, and | 33533 |
| criteria under this provision no less often than annually and | 33534 |
| shall make copies available to interested parties. | 33535 |
| When reporting on the performance of investments, the | 33536 |
| authority shall comply with the performance presentation standards | 33537 |
| established by the association for investment management and | 33538 |
| research. | 33539 |
| (M) All investments shall be purchased at current market | 33540 |
| prices and the evidences of title of the investments shall be | 33541 |
| placed in the hands of the treasurer of state, who is hereby | 33542 |
| designated as custodian thereof, or in the hands of the treasurer | 33543 |
| of state's authorized agent. The treasurer of state or the agent | 33544 |
| shall collect the principal, dividends, distributions, and | 33545 |
| interest thereon as they become due and payable and place them | 33546 |
| when so collected into the custodial funds. | 33547 |
| The treasurer of state shall pay for investments purchased by | 33548 |
| the authority on receipt of written or electronic instructions | 33549 |
| from the authority or the authority's designated agent authorizing | 33550 |
| the purchase and pending receipt of the evidence of title of the | 33551 |
| investment by the treasurer of state or the treasurer of state's | 33552 |
| authorized agent. The authority may sell investments held by the | 33553 |
| authority, and the treasurer of state or the treasurer of state's | 33554 |
| authorized agent shall accept payment from the purchaser and | 33555 |
| deliver evidence of title of the investment to the purchaser on | 33556 |
| receipt of written or electronic instructions from the authority | 33557 |
| or the authority's designated agent authorizing the sale, and | 33558 |
| pending receipt of the moneys for the investments. The amount | 33559 |
| received shall be placed in the custodial funds. The authority and | 33560 |
| the treasurer of state may enter into agreements to establish | 33561 |
| procedures for the purchase and sale of investments under this | 33562 |
| division and the custody of the investments. | 33563 |
| No purchase or sale of any investment shall be made under | 33564 |
| this section except as authorized by the authority. | 33565 |
| Any statement of financial position distributed by the | 33566 |
| authority shall include fair value, as of the statement date, of | 33567 |
| all investments held by the authority under this section. | 33568 |
| Sec. 3334.12. Notwithstanding anything to the contrary in | 33569 |
| sections 3334.07 and 3334.09 of the Revised Code: | 33570 |
| (A) Annually, the Ohio tuition trust authority shall have the | 33571 |
| actuarial soundness of the Ohio tuition trust fund evaluated by a | 33572 |
| nationally recognized actuary and shall determine whether | 33573 |
| additional assets are necessary to defray the obligations of the | 33574 |
| authority. If, after the authority sets the price for tuition | 33575 |
| 33576 | |
| determines necessitate an additional evaluation of the actuarial | 33577 |
| soundness of the fund, the executive director shall have a | 33578 |
| nationally recognized actuary conduct the necessary evaluation. If | 33579 |
| the assets of the fund are insufficient to ensure the actuarial | 33580 |
| soundness of the fund, the authority shall adjust the price of | 33581 |
|
subsequent purchases of tuition
| 33582 |
| necessary to help restore the actuarial soundness of the fund. If, | 33583 |
| at any time, the adjustment is likely, in the opinion of the | 33584 |
|
authority, to diminish the marketability of tuition | 33585 |
| to an
extent that the continued sale of the | 33586 |
| would not restore the actuarial soundness of the fund and external | 33587 |
| economic factors continue to negatively impact the soundness of | 33588 |
| the program, the authority may suspend sales, either permanently | 33589 |
| or temporarily, of tuition | 33590 |
| the authority shall continue to service existing college savings | 33591 |
| program accounts. | 33592 |
| (B) Upon termination of the program or liquidation of the | 33593 |
| Ohio tuition trust fund, the Ohio tuition trust reserve fund, and | 33594 |
| the Ohio tuition trust operating fund, any remaining assets of the | 33595 |
| funds after all obligations of the funds have been satisfied | 33596 |
| pursuant to division (B) of section 3334.11 of the Revised Code | 33597 |
| shall be transferred to the general revenue fund of the state. | 33598 |
| (C) The authority shall prepare and cause to have audited an | 33599 |
| annual financial report on all financial activity of the Ohio | 33600 |
| tuition trust authority within ninety days of the end of the | 33601 |
| fiscal year. The authority shall transmit a copy of the audited | 33602 |
| financial report to the governor, the president of the senate, the | 33603 |
| speaker of the house of representatives, and the minority leaders | 33604 |
| of the senate and the house of representatives. Copies of the | 33605 |
| audited financial report also shall be made available, upon | 33606 |
| request, to the persons entering into contracts with the authority | 33607 |
| and to prospective
purchasers of
tuition | 33608 |
| prospective contributors to variable college savings program | 33609 |
| accounts. | 33610 |
| Sec. 3334.15. (A) The right of a person to a tuition
| 33611 |
| unit or a payment under section 3334.09 of the Revised Code | 33612 |
|
pursuant to a
tuition | 33613 |
| program, or a variable college savings program account shall not | 33614 |
| be subject to execution, garnishment, attachment, the operation of | 33615 |
| bankruptcy or the insolvency laws, or other process of law. | 33616 |
| (B) The right of a person to a tuition
| 33617 |
| payment under section 3334.09 of the Revised Code pursuant to a | 33618 |
|
tuition | 33619 |
| variable college savings program account shall not be used as | 33620 |
| security or collateral for a loan. | 33621 |
| Sec. 3334.16. The general assembly hereby finds that the | 33622 |
| prepaid tuition program providing for the sale of tuition credits | 33623 |
| units by the Ohio tuition trust authority is an official state | 33624 |
| function, offered through an agency of this state, which agency | 33625 |
| receives state appropriations. Therefore, the authority is | 33626 |
| directed by the state of Ohio to assume it is exempt from federal | 33627 |
| tax liability. | 33628 |
| Sec. 3334.17. (A) The state, any political subdivision of | 33629 |
| the state, and any organization that is exempt from federal income | 33630 |
| taxation under section 501 (a) and described in section 501 (c)(3) | 33631 |
| of the Internal Revenue Code, including the Ohio tuition trust | 33632 |
| authority if this is authorized under federal tax law, may | 33633 |
| establish a scholarship program to award scholarships consisting | 33634 |
| of contributions made to any college savings program for students. | 33635 |
| Any scholarship program established under this section shall be | 33636 |
| registered with the authority. The authority shall be notified of | 33637 |
| the name and address of each scholarship beneficiary under the | 33638 |
| program, the amounts awarded, and the institution of higher | 33639 |
| education in which the beneficiary is enrolled. Scholarship | 33640 |
| beneficiaries shall be selected by the entity establishing the | 33641 |
| scholarship program, in accordance with criteria established by | 33642 |
| the entity. | 33643 |
| (B) Any person or governmental entity may purchase tuition | 33644 |
| 33645 | |
| be established in accordance with division (A) of this section at | 33646 |
|
the same price as is
established for the purchase of
| 33647 |
|
for named beneficiaries
pursuant to this chapter. Tuition
| 33648 |
| units shall have the same value to the beneficiary of a | 33649 |
| scholarship awarded pursuant to this section as they would have to | 33650 |
| any other beneficiary pursuant to division (B) of section 3334.09 | 33651 |
| of the Revised Code. | 33652 |
| (C) The entity establishing and maintaining a scholarship | 33653 |
| program shall specify whether a scholarship beneficiary may | 33654 |
| receive a refund or payment for the amount awarded under the | 33655 |
| scholarship program directly from the authority, or whether the | 33656 |
| amount awarded shall be paid by the authority only to the | 33657 |
| institution of higher education in which the student is enrolled. | 33658 |
| (D) If a scholarship beneficiary does not use the amount | 33659 |
| awarded within a length of time specified under the scholarship | 33660 |
| program, the amount may be awarded to another beneficiary. | 33661 |
| Sec. 3334.18. (A) A variable college savings program | 33662 |
| established by the Ohio tuition trust authority shall include | 33663 |
| provisions for a contract to be entered into between a contributor | 33664 |
| and the authority that will authorize the contributor to open an | 33665 |
| account for a beneficiary and authorize the contributor to | 33666 |
| substitute a new beneficiary for one originally named in the | 33667 |
| contract, to the extent permitted by section 529 of the Internal | 33668 |
| Revenue Code. | 33669 |
| (B) The authority shall provide adequate safeguards to | 33670 |
| prevent total contributions to a variable college savings program | 33671 |
|
account or purchases
of tuition
| 33672 |
| or combined, that are made on behalf of a beneficiary from | 33673 |
| exceeding the amount necessary to provide for the tuition and | 33674 |
| other higher education expenses of the beneficiary, consistent | 33675 |
| with the maximum contributions permitted by section 529 of the | 33676 |
| Internal Revenue Code. However, in no event shall contributions or | 33677 |
| purchases exceed the
allowable limit for a qualified | 33678 |
| program under section 529 of the Internal Revenue Code. | 33679 |
| (C)(1) Participation in the variable college savings program | 33680 |
| does not guarantee that contributions and the investment return on | 33681 |
| contributions, if any, will be adequate to cover future tuition | 33682 |
| and other higher education expenses or that a beneficiary will be | 33683 |
| admitted to or permitted to continue to attend an institution of | 33684 |
| higher education. | 33685 |
| (2) Returns on contributors' investments in the variable | 33686 |
| college savings program are not guaranteed by the state and the | 33687 |
| contributors to the variable college savings program assume all | 33688 |
| investment risk, including the potential loss of principal and | 33689 |
| liability for penalties such as those levied for noneducational | 33690 |
| withdrawals. | 33691 |
| (3) The state shall have no debt or obligation to any | 33692 |
| contributor, beneficiary, or any other person as a result of the | 33693 |
| establishment of the program, and the state assumes no risk or | 33694 |
| liability for funds invested in the variable college savings | 33695 |
| program. | 33696 |
| (4) Informational materials about the variable college | 33697 |
| savings program prepared by the authority or its agents and | 33698 |
| provided to prospective contributors shall state clearly the | 33699 |
| information set forth in division (C) of this section. | 33700 |
| Sec. 3334.19. (A) The Ohio tuition trust authority shall | 33701 |
| adopt an investment plan that sets forth investment policies and | 33702 |
| guidelines to be utilized in administering the variable college | 33703 |
| savings program. Except as provided in section 3334.20 of the | 33704 |
| Revised Code, the authority shall contract with one or more | 33705 |
| insurance companies, banks, or other financial institutions to act | 33706 |
| as its investment agents and to provide such services as the | 33707 |
| authority considers appropriate to the investment plan, including: | 33708 |
| (1) Purchase, control, and safekeeping of assets; | 33709 |
| (2) Record keeping and accounting for individual accounts and | 33710 |
| for the program as a whole; | 33711 |
| (3) Provision of consolidated statements of account. | 33712 |
| (B) The authority or its investment agents shall maintain a | 33713 |
| separate account for the beneficiary of each contract entered into | 33714 |
| under the variable college savings program. If a beneficiary has | 33715 |
| more than one such account, the authority or its agents shall | 33716 |
| track total contributions and earnings and provide a consolidated | 33717 |
| system of account distributions to institutions of higher | 33718 |
| education. | 33719 |
| (C) The authority or its investment agents may place assets | 33720 |
| of the program in savings accounts and may purchase fixed or | 33721 |
| variable life insurance or annuity contracts, securities, evidence | 33722 |
| of indebtedness, or other investment products pursuant to the | 33723 |
| investment plan. | 33724 |
| (D) Contributors shall not direct the investment of their | 33725 |
| contributions under the investment plan. The authority shall | 33726 |
| impose other limits on contributors' investment discretion to the | 33727 |
| extent required under section 529 of the Internal Revenue Code. | 33728 |
| (E) The investment agents with which the authority contracts | 33729 |
| shall discharge their duties with respect to program funds with | 33730 |
| the care and diligence that a prudent person familiar with such | 33731 |
| matters and with the character and aims of the program would use. | 33732 |
| (F) The assets of the program shall be preserved, invested, | 33733 |
| and expended solely for the purposes of this chapter and shall not | 33734 |
| be loaned or otherwise transferred or used by the state for any | 33735 |
| other purpose. This section shall not be construed to prohibit the | 33736 |
| investment agents of the authority from investing, by purchase or | 33737 |
| otherwise, in bonds, notes, or other obligations of the state or | 33738 |
| any agency or instrumentality of the state. Unless otherwise | 33739 |
| specified by the authority, assets of the program shall be | 33740 |
| expended in the following order of priority: | 33741 |
| (1) To make payments on behalf of beneficiaries; | 33742 |
| (2) To make refunds upon termination of variable college | 33743 |
| savings program contracts; | 33744 |
| (3) To pay the authority's costs of administering the | 33745 |
| program; | 33746 |
| (4) To pay or cover any other expenditure or disbursement the | 33747 |
| authority determines necessary or appropriate. | 33748 |
| (G) Fees, charges, and other costs imposed or collected by | 33749 |
| the authority in connection with the variable college savings | 33750 |
| program, including any fees or other payments that the authority | 33751 |
| requires an investment agent to pay to the authority, shall be | 33752 |
| credited to either the variable operating fund or the index | 33753 |
| operating fund at the discretion of the authority. | 33754 |
| 33755 | |
| 33756 | |
| incurred in the administration of the variable college savings | 33757 |
| program, as well as other expenses, disbursements, or payments the | 33758 |
| authority considers appropriate for the benefit of any college | 33759 |
| savings programs administered by the authority, the state of Ohio | 33760 |
| and its citizens, shall be paid from the variable operating fund | 33761 |
| or the index operating fund at the discretion of the authority. | 33762 |
| (H) No records of the authority indicating the identity of | 33763 |
| purchasers, contributors, and beneficiaries under the program or | 33764 |
| amounts contributed to, earned by, or distributed from program | 33765 |
| accounts are public records within the meaning of section 149.43 | 33766 |
| of the Revised Code. | 33767 |
| Sec. 3335.02. (A) The government of the Ohio state | 33768 |
|
university shall be vested in a board of | 33769 |
| in 2005, and seventeen trustees beginning in 2006, who shall be | 33770 |
| appointed by the governor, with the advice and consent of the | 33771 |
| senate. Two of the | 33772 |
| the Ohio state university, and their selection and terms shall be | 33773 |
| in accordance with division (B) of this section. Except as | 33774 |
| provided in division (C) of this section and except for the terms | 33775 |
| of student members, terms of office shall be for nine years, | 33776 |
| commencing on the fourteenth day of May and ending on the | 33777 |
| thirteenth day of May. Each trustee shall hold office from the | 33778 |
| date of appointment until the end of the term for which the | 33779 |
| trustee was appointed. Any trustee appointed to fill a vacancy | 33780 |
| occurring prior to the expiration of the term for which the | 33781 |
| trustee's predecessor was appointed shall hold office for the | 33782 |
| remainder of such term. Any trustee shall continue in office | 33783 |
| subsequent to the expiration date of the trustee's term until the | 33784 |
| trustee's successor takes office, or until a period of sixty days | 33785 |
| has elapsed, whichever occurs first. No person who has served a | 33786 |
| full nine-year term or more than six years of such a term shall be | 33787 |
| eligible for reappointment until a period of four years has | 33788 |
| elapsed since the last day of the term for which the person | 33789 |
| previously served. The trustees shall not receive compensation for | 33790 |
| their services, but shall be paid their reasonable necessary | 33791 |
| expenses while engaged in the discharge of their official duties. | 33792 |
| (B) The student members of the board of trustees of the Ohio | 33793 |
| state university have no voting power on the board. Student | 33794 |
| members shall not be considered as members of the board in | 33795 |
| determining whether a quorum is present. Student members shall not | 33796 |
| be entitled to attend executive sessions of the board. The student | 33797 |
| members of the board shall be appointed by the governor, with the | 33798 |
| advice and consent of the senate, from a group of five candidates | 33799 |
| selected pursuant to a procedure adopted by the university's | 33800 |
| student governments and approved by the university's board of | 33801 |
| trustees. The initial term of office of one of the student members | 33802 |
| shall commence on May 14, 1988 and shall expire on May 13, 1989, | 33803 |
| and the initial term of office of the other student member shall | 33804 |
| commence on May 14, 1988 and expire on May 13, 1990. Thereafter, | 33805 |
| terms of office of student members shall be for two years, each | 33806 |
| term ending on the same day of the same month of the year as the | 33807 |
| term it succeeds. In the event a student member cannot fulfill a | 33808 |
| two-year term, a replacement shall be selected to fill the | 33809 |
| unexpired term in the same manner used to make the original | 33810 |
| selection. | 33811 |
| (C)(1) The initial terms of office for the three additional | 33812 |
| trustees appointed in 2005 shall commence on a date in 2005 that | 33813 |
| is selected by the governor with one term of office expiring on | 33814 |
| May 13, 2009, one term of office expiring on May 13, 2010, and one | 33815 |
| term of office expiring on May 13, 2011, as designated by the | 33816 |
| governor upon appointment. Thereafter terms of office shall be for | 33817 |
| nine years, as provided in division (A) of this section. | 33818 |
| (2) The initial terms of office for the three additional | 33819 |
| trustees appointed in 2006 shall commence on May 14, 2006, with | 33820 |
| one term of office expiring on May 13, 2012, one term of office | 33821 |
| expiring on May 13, 2013, and one term of office expiring on May | 33822 |
| 13, 2014, as designated by the governor upon appointment. | 33823 |
| Thereafter terms of office shall be for nine years, as provided in | 33824 |
| division (A) of this section. | 33825 |
| Sec. 3345.10. (A) As used in this section | 33826 |
| | 33827 |
| 33828 | |
| 33829 | |
| 33830 | |
| Code. | 33831 |
| (B) Each state institution of higher education shall | 33832 |
| establish competitive bidding procedures for the purchase of | 33833 |
| printed material and shall award
all | 33834 |
| purchase of printed material in accordance with | 33835 |
| procedures.
| 33836 |
| procedures shall require the institution to evaluate all bids | 33837 |
| received for all contracts for the purchase of printed material | 33838 |
| 33839 | |
| 33840 | |
| 33841 |
| | 33842 |
| 33843 | |
| 33844 | |
| 33845 |
| | 33846 |
| 33847 | |
| 33848 | |
| 33849 | |
| with the criteria and procedures established pursuant to divisions | 33850 |
| (C)(1) and (2) of section 125.09 of the Revised Code for | 33851 |
| determining whether bidders will produce the printed material at | 33852 |
| manufacturing facilities within this state or in accordance with | 33853 |
| the criteria and procedures established pursuant to division | 33854 |
| (C)(4) or (5) of that section for determining whether bidders are | 33855 |
| otherwise qualified. | 33856 |
| An institution shall select, in accordance with the | 33857 |
| procedures it establishes under this section, a bid from among | 33858 |
| bidders that fulfill the criteria specified in the applicable | 33859 |
| divisions of section 125.09 of the Revised Code where sufficient | 33860 |
| competition can be generated within this state to ensure that | 33861 |
| compliance with this requirement will not result in paying an | 33862 |
| excessive price or acquiring a disproportionately inferior | 33863 |
| product. If there are two or more bids from among those bidders, | 33864 |
| it shall be deemed that there is sufficient competition to prevent | 33865 |
| paying an excessive price or acquiring a disproportionately | 33866 |
| inferior product. | 33867 |
| Sec. 3345.19. In the exercise of their respective powers of | 33868 |
| government conferred by Chapter 3345. of the Revised Code and | 33869 |
| other pertinent provisions of law, the boards of trustees of | 33870 |
| Bowling Green state university, Kent state university, Miami | 33871 |
| university, Ohio university, and the Ohio state university shall | 33872 |
| observe the following enrollment limitations insofar as the autumn | 33873 |
| quarter enrollment or any other quarter enrollment on a full-time | 33874 |
| 33875 | |
| concerned: | 33876 |
| Bowling Green central campus | 17,000 | 33877 | |||
| Kent central campus | 22,000 | 33878 | |||
| Miami central campus | 17,000 | 33879 | |||
| Ohio university central campus | 22,000 | 33880 | |||
| The Ohio state central campus | 42,000 | 33881 |
| Campus student housing facilities shall only be authorized by | 33882 |
| boards of trustees within these limitations. | 33883 |
| Sec. 3345.32. (A) As used in this section: | 33884 |
| (1) "State university or college" means the institutions | 33885 |
| described in section 3345.27 of the Revised Code, the northeastern | 33886 |
| Ohio universities college of medicine, and the medical university | 33887 |
| of Ohio at Toledo. | 33888 |
| (2) "Resident" has the meaning specified by rule of the Ohio | 33889 |
| board of regents. | 33890 |
| (3) "Statement of selective service status" means a statement | 33891 |
| certifying one of the following: | 33892 |
| (a) That the individual filing the statement has registered | 33893 |
| with the selective service system in accordance with the "Military | 33894 |
| Selective Service Act," 62 Stat. 604, 50 U.S.C. App. 453, as | 33895 |
| amended; | 33896 |
| (b) That the individual filing the statement is not required | 33897 |
| to register with the selective service for one of the following | 33898 |
| reasons: | 33899 |
| (i) The individual is under eighteen or over twenty-six years | 33900 |
| of age; | 33901 |
| (ii) The individual is on active duty with the armed forces | 33902 |
| of the United States other than for training in a reserve or | 33903 |
| national guard unit; | 33904 |
| (iii) The individual is a nonimmigrant alien lawfully in the | 33905 |
| United States in accordance with section 101 (a)(15) of the | 33906 |
| "Immigration and Nationality Act," 8 U.S.C. 1101, as amended; | 33907 |
| (iv) The individual is not a citizen of the United States and | 33908 |
| is a permanent resident of the Trust Territory of the Pacific | 33909 |
| Islands or the Northern Mariana Islands. | 33910 |
| (4) "Institution of higher education" means any eligible | 33911 |
| institution approved by the United States department of education | 33912 |
| pursuant to the "Higher Education Act of 1965," 79 Stat. 1219, as | 33913 |
| amended, or any institution whose students are eligible for | 33914 |
| financial assistance under any of the programs described by | 33915 |
| division (E) of this section. | 33916 |
| (B) The Ohio board of regents shall, by rule, specify the | 33917 |
| form of statements of selective service status to be filed in | 33918 |
| compliance with divisions (C) to (F) of this section. Each | 33919 |
| statement of selective service status shall contain a section | 33920 |
| wherein a male student born after December 31, 1959, certifies | 33921 |
| that the student has registered with the selective service system | 33922 |
| in accordance with the "Military Selective Service Act," 62 Stat. | 33923 |
| 604, 50 U.S.C. App. 453, as amended. For those students not | 33924 |
| required to register with the selective service, as specified in | 33925 |
| divisions (A)(2)(b)(i) to (iv) of this section, a section shall be | 33926 |
| provided on the statement of selective service status for the | 33927 |
| certification of nonregistration and for an explanation of the | 33928 |
| reason for the exemption. The board of regents may require that | 33929 |
| such statements be accompanied by documentation specified by rule | 33930 |
| of the board. | 33931 |
| (C) A state university or college that enrolls in any course, | 33932 |
| class, or program a male student born after December 31, 1959, who | 33933 |
| has not filed a statement of selective service status with the | 33934 |
| university or college shall, regardless of the student's | 33935 |
| residency, charge the student any tuition surcharge charged | 33936 |
| students who are not residents of this state. | 33937 |
| (D) No male born after December 31, 1959, shall be eligible | 33938 |
| to receive any loan, grant, scholarship, or other financial | 33939 |
| assistance for educational expenses under section 3315.33, | 33940 |
| 3333.12, 3333.122, 3333.21, 3333.22, 3333.26, 3333.27, 5910.03, | 33941 |
| 5910.032, or 5919.34 of the Revised Code unless that person has | 33942 |
| filed a statement of selective service status with that person's | 33943 |
| institution of higher education. | 33944 |
| (E) If an institution of higher education receives a | 33945 |
| statement from an individual certifying that the individual has | 33946 |
| registered with the selective service system in accordance with | 33947 |
| the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C. App. | 33948 |
| 453, as amended or that the individual is exempt from registration | 33949 |
| for a reason other than that the individual is under eighteen | 33950 |
| years of age, the institution shall not require the individual to | 33951 |
| file any further statements. If it receives a statement certifying | 33952 |
| that the individual is not required to register because the | 33953 |
| individual is under eighteen years of age, the institution shall | 33954 |
| require the individual to file a new statement of selective | 33955 |
| service status each time the individual seeks to enroll for a new | 33956 |
| academic term or makes application for a new loan or loan | 33957 |
| guarantee or for any form of financial assistance for educational | 33958 |
| expenses, until it receives a statement certifying that the | 33959 |
| individual has registered with the selective service system or is | 33960 |
| exempt from registration for a reason other than that the | 33961 |
| individual is under eighteen years of age. | 33962 |
| Sec. 3353.01. As used in | 33963 |
| 33964 |
| (A) "Educational television or radio" means television or | 33965 |
| radio programs which serve the educational needs of the community | 33966 |
| and which meet the requirements of the federal communications | 33967 |
| commission for noncommercial educational television or radio. | 33968 |
| (B) "Educational telecommunications network" means a system | 33969 |
| of connected educational television, radio, or radio reading | 33970 |
| service facilities and coordinated programs established and | 33971 |
| operated or
controlled by the eTech Ohio | 33972 |
| 33973 | |
| 33974 |
| (C) "Transmission" means the sending out of television, | 33975 |
| radio, or radio reading service programs, either directly to the | 33976 |
| public, or to broadcasting stations or services for simultaneous | 33977 |
| broadcast or rebroadcast. | 33978 |
| (D) | 33979 |
| 33980 | |
| 33981 |
| | 33982 |
| material, and services used to link one location to another | 33983 |
| location or to several locations by means of telephone line, | 33984 |
| coaxial cable, microwave relays, or other available technologies. | 33985 |
| | 33986 |
| noncommercial educational television or radio station, | 33987 |
| appropriately staffed and equipped to produce programs or lessons | 33988 |
| and to broadcast programs. | 33989 |
| | 33990 |
| 33991 | |
| 33992 | |
| 33993 | |
| 33994 |
| | 33995 |
| that disseminates news and other information to blind and | 33996 |
| physically handicapped persons. | 33997 |
| (G) "Affiliate" means an educational telecommunication | 33998 |
| entity, including a television or radio broadcasting station or | 33999 |
| radio reading service. | 34000 |
| Sec. 3353.02. (A) There is hereby created the eTech Ohio | 34001 |
| commission as an independent agency to advance education and | 34002 |
| accelerate the learning of the citizens of this state through | 34003 |
| technology. The commission shall provide leadership and support in | 34004 |
| extending the knowledge of the citizens of this state by promoting | 34005 |
| equal access to and use of all forms of educational technology, | 34006 |
| including educational television and radio, radio reading | 34007 |
| services, broadband networks, videotapes, compact discs, digital | 34008 |
| video on demand (DVD), and the internet. | 34009 |
| The commission is a body corporate and politic, an agency of | 34010 |
| the state performing essential governmental functions of the | 34011 |
| state. | 34012 |
| (B) The commission shall consist of eleven members, seven of | 34013 |
| whom shall be voting members. Four of the voting members shall be | 34014 |
| representatives of the public with a demonstrated interest in | 34015 |
| public broadcasting and education and shall be appointed by the | 34016 |
| governor with the advice and consent of the senate. The | 34017 |
| superintendent of public instruction or a designee of the | 34018 |
| superintendent, the chancellor of the Ohio board of regents or a | 34019 |
| designee of the chancellor, and the director of administrative | 34020 |
| services or a designee of the director shall be ex officio voting | 34021 |
| members. Of the nonvoting members, two shall be members of the | 34022 |
| house of representatives appointed by the speaker of the house of | 34023 |
| representatives and two shall be members of the senate appointed | 34024 |
| by the president of the senate. The members appointed from each | 34025 |
| chamber shall not be members of the same political party. | 34026 |
| (C) Initial terms of office for members appointed by the | 34027 |
| governor shall be one year for one member, two years for one | 34028 |
| member, three years for one member, and four years for one member. | 34029 |
| At the first meeting of the commission, members appointed by the | 34030 |
| governor shall draw lots to determine the length of the term each | 34031 |
| member will serve. Thereafter, terms of office for members | 34032 |
| appointed by the governor shall be for four years. Any member | 34033 |
| appointed by the governor may be reappointed, but no such member | 34034 |
| may serve more than two consecutive four-year terms. Members | 34035 |
| appointed by the governor may be removed by the governor for | 34036 |
| cause. | 34037 |
| Any member appointed by the speaker of the house of | 34038 |
| representatives or the president of the senate who ceases to be a | 34039 |
| member of the legislative chamber from which the member was | 34040 |
| appointed shall cease to be a member of the commission. The | 34041 |
| speaker of the house of representatives and the president of the | 34042 |
| senate may remove their respective appointments to the commission | 34043 |
| at any time. | 34044 |
| (D) Vacancies among appointed members shall be filled in the | 34045 |
| manner provided for original appointments. Any member appointed by | 34046 |
| the governor to fill a vacancy occurring prior to the expiration | 34047 |
| of the term for which the member's predecessor was appointed shall | 34048 |
| hold office for the remainder of that term. Any member appointed | 34049 |
| by the governor shall continue in office subsequent to the | 34050 |
| expiration of that member's term until the member's successor | 34051 |
| takes office or until a period of sixty days has elapsed, | 34052 |
| whichever occurs first. | 34053 |
| (E) Members of the commission shall serve without | 34054 |
| compensation. The members appointed by the governor shall be | 34055 |
| reimbursed, pursuant to office of budget and management | 34056 |
| guidelines, for actual and necessary expenses incurred in the | 34057 |
| performance of official duties. | 34058 |
| (F) The governor shall appoint the chairperson of the | 34059 |
| commission from among the representatives of the public. The | 34060 |
| chairperson shall serve a term of two years and may be | 34061 |
| reappointed. The commission shall elect other officers as | 34062 |
| necessary from among its voting members and shall prescribe its | 34063 |
| rules of procedure. | 34064 |
| (G) The commission shall establish advisory groups as needed | 34065 |
| to address topics of interest and to provide guidance to the | 34066 |
| commission regarding educational technology issues and the | 34067 |
| technology needs of educators, learners, and the public. Members | 34068 |
| of each advisory group shall be appointed by the commission and | 34069 |
| shall include representatives of individuals or organizations with | 34070 |
| an interest in the topic addressed by the advisory group. | 34071 |
| Sec. 3353.03. (A) The eTech Ohio commission shall appoint an | 34072 |
| executive director, who shall serve at the pleasure of the | 34073 |
| commission. The executive director shall have no authority other | 34074 |
| than that provided by law or delegated to the executive director | 34075 |
| by the commission. The executive director shall do all of the | 34076 |
| following: | 34077 |
| (1) Direct commission employees in the administration of all | 34078 |
| programs of the commission; | 34079 |
| (2) Provide leadership and support in extending the knowledge | 34080 |
| of the citizens of this state by promoting equal access to and use | 34081 |
| of all forms of educational technology, as directed by the | 34082 |
| commission; | 34083 |
| (3) Provide financial and other assistance to school | 34084 |
| districts and other educational institutions, affiliates, and | 34085 |
| educational technology organizations for the acquisition and | 34086 |
| utilization of educational technology; | 34087 |
| (4) Implement policies and directives issued by the | 34088 |
| commission; | 34089 |
| (5) Perform other duties authorized by the commission. | 34090 |
| (B) The commission shall fix the compensation of the | 34091 |
| executive director. The executive director shall employ and fix | 34092 |
| the compensation for such employees as necessary to facilitate the | 34093 |
| activities and purposes of the commission. The employees shall | 34094 |
| serve at the pleasure of the executive director. | 34095 |
| (C) The employees of the commission shall be placed in the | 34096 |
| unclassified service. The employees shall be exempt from Chapter | 34097 |
| 4117. of the Revised Code and shall not be public employees as | 34098 |
| defined in section 4117.01 of the Revised Code. | 34099 |
| Sec. 3353.04. (A) The eTech Ohio | 34100 |
| 34101 | |
| necessary to carry out the functions of this chapter, including | 34102 |
| any of the following: | 34103 |
| | 34104 |
| grants to institutions and other organizations as prescribed by | 34105 |
| the general assembly for the provision of technical assistance, | 34106 |
| professional development, and other support services to enable | 34107 |
| school districts, community schools established under Chapter | 34108 |
| 3314. of the Revised Code, other educational institutions, and | 34109 |
| affiliates to utilize educational technology; | 34110 |
| (2) Establish a reporting system for school districts, | 34111 |
| community schools, other educational institutions, affiliates, and | 34112 |
| educational technology organizations that receive financial | 34113 |
| assistance from the commission. The system may require the | 34114 |
| reporting of information regarding the manner in which the | 34115 |
| assistance was expended, the manner in which the equipment or | 34116 |
| services purchased with the assistance is being utilized, the | 34117 |
| results or outcome of the utilization, the manner in which the | 34118 |
| utilization is compatible with the statewide academic standards | 34119 |
| adopted by the state board of education pursuant to section | 34120 |
| 3301.079 of the Revised Code, and any other information determined | 34121 |
| by the commission. | 34122 |
| (3) Ensure that, where appropriate, products produced by any | 34123 |
| entity to which the commission provides financial assistance for | 34124 |
| use in elementary and secondary education are aligned with the | 34125 |
| statewide academic standards adopted by the state board pursuant | 34126 |
| to section 3301.079 of the Revised Code; | 34127 |
| (4) Promote accessibility to educational products aligned | 34128 |
| with the statewide academic standards adopted by the state board | 34129 |
| pursuant to section 3301.079 of the Revised Code for school | 34130 |
| districts, community schools, and other entities serving grades | 34131 |
| kindergarten through twelve; | 34132 |
| (5) Operate interconnection facilities, or contract for | 34133 |
| 34134 | |
| educational television, radio, or radio reading service network; | 34135 |
| | 34136 |
| 34137 | |
| 34138 |
| | 34139 |
| 34140 | |
| 34141 | |
| 34142 | |
| 34143 | |
| 34144 |
| | 34145 |
|
television | 34146 |
| 34147 | |
| production and use of educational television, radio, or radio | 34148 |
| reading service programs to be transmitted by the educational | 34149 |
| telecommunications network; | 34150 |
| | 34151 |
|
desirable to carry out the purposes of | 34152 |
| 34153 | |
| the commission by law or authorize the executive director of the | 34154 |
| commission to execute such contracts and agreements on the | 34155 |
| commission's behalf; | 34156 |
| | 34157 |
| 34158 |
| | 34159 |
| educational radio stations and radio reading services toward | 34160 |
| coordination within the state of the distribution of federal funds | 34161 |
| that may become available for | 34162 |
| educational broadcasting or radio reading services; | 34163 |
| | 34164 |
| television or radio broadcasting stations or radio reading | 34165 |
|
services to sustain the operation of such stations or services | 34166 |
| 34167 | |
| 34168 |
| (11) In consultation with participants in programs | 34169 |
| administered by the commission, establish guidelines governing | 34170 |
| purchasing and procurement that facilitate the timely and | 34171 |
| effective implementation of such programs; | 34172 |
| (12) In consultation with participants in programs | 34173 |
| administered by the commission, consider the efficiency and cost | 34174 |
| savings of statewide procurement prior to allocating and releasing | 34175 |
| funds for such programs; | 34176 |
| (13) In consultation with participants in programs | 34177 |
| administered by the commission, establish a systems support | 34178 |
| network to facilitate the timely implementation of the programs | 34179 |
| and other projects and activities for which the commission | 34180 |
| provides assistance. | 34181 |
| (B) Chapters 123., 124., 125., and 153. of the Revised Code | 34182 |
| and sections 9.331, 9.332, and 9.333 of the Revised Code do not | 34183 |
| apply to contracts, programs, projects, or activities of the | 34184 |
| commission. | 34185 |
| Sec. 3353.06. (A) The affiliates services fund is hereby | 34186 |
| created
in the state treasury. The eTech Ohio | 34187 |
| 34188 | |
| receives for services provided to affiliates to the credit of the | 34189 |
| fund, including: | 34190 |
| (1) Reimbursements for services provided to stations; | 34191 |
| (2) Charges levied for maintenance of telecommunications, | 34192 |
| broadcasting, or transmission equipment; | 34193 |
| (3) Contract or grant payments from affiliates. | 34194 |
| (B) The commission shall use money credited to the affiliates | 34195 |
| services fund for any commission operating purposes, including: | 34196 |
| (1) The purchase, repair, or maintenance of | 34197 |
| telecommunications, broadcasting, or transmission equipment; | 34198 |
| (2) The purchase or lease of educational programming; | 34199 |
| (3) The purchase of tape and maintenance of a media library; | 34200 |
| (4) Professional development programs and services; | 34201 |
| (5) Administrative expenses | 34202 |
| Sec. 3353.07.
(A) | 34203 |
| 34204 | |
| 34205 |
| | 34206 |
|
through the eTech Ohio | 34207 |
| commission and shall be managed by a broadcasting station under a | 34208 |
| contract. The contract shall not take effect until the program | 34209 |
| committee of Ohio government telecommunications approves the | 34210 |
| contract. The broadcasting station shall manage the staff of Ohio | 34211 |
| government telecommunications. | 34212 |
| | 34213 |
| Ohio government telecommunications that shall consist of the | 34214 |
| president of the senate, speaker of the house of representatives, | 34215 |
| minority leader of the senate, and minority leader of the house of | 34216 |
| representatives, or their designees. By a vote of a majority of | 34217 |
| its members, the program committee may add additional members to | 34218 |
| the committee. | 34219 |
| (2) The program committee shall adopt rules that govern the | 34220 |
| operation of Ohio government telecommunications and the coverage | 34221 |
| and distribution of official governmental activities by Ohio | 34222 |
| government telecommunications. | 34223 |
| Sec. 3354.25. (A) Notwithstanding section 3354.05 of the | 34224 |
| Revised Code regarding the residency of boards of trustees | 34225 |
| members, two members of the board of trustees of the Montgomery | 34226 |
| county community college district shall be residents of Warren | 34227 |
| county and shall have full voting rights on all matters coming | 34228 |
| before the board except those specified in division (B) of this | 34229 |
| section. These two members and their successors shall be appointed | 34230 |
| by the board of county commissioners of Warren county, and shall | 34231 |
| replace two Montgomery county members of the board as follows: | 34232 |
| (1) One member from Warren county shall succeed the first | 34233 |
| Montgomery county member appointed by the governor whose term ends | 34234 |
| after the effective date of this section. | 34235 |
| (2) One member from Warren county shall succeed the first | 34236 |
| Montgomery county member appointed by the board of county | 34237 |
| commissioners of Montgomery county whose term ends after the | 34238 |
| effective date of this section. | 34239 |
| Terms of office of the two Warren county positions otherwise | 34240 |
| shall follow the requirements regarding terms of office for | 34241 |
| members of boards of trustees of community college districts | 34242 |
| prescribed in section 3354.05 of the Revised Code. | 34243 |
| (B) The trustees from Warren county shall have no vote on any | 34244 |
| of the following matters: | 34245 |
| (1) Tax levies for Montgomery county; | 34246 |
| (2) The expenditure of revenue from levies described in | 34247 |
| division (B)(1) of this section; | 34248 |
| (3) Tuition for Montgomery county residents; | 34249 |
| (4) Community college facilities in Montgomery county; | 34250 |
| (5) Community college programs offered in Montgomery county. | 34251 |
| When a matter described in divisions (B)(1) to (5) of this | 34252 |
| section comes before the board, four Montgomery county trustees | 34253 |
| constitute a quorum. The concurrence of four Montgomery county | 34254 |
| trustees is necessary for approval of any matter described in | 34255 |
| divisions (B)(1) to (5) of this section. The fact that a trustee | 34256 |
| from Warren county votes on a matter described in divisions (B)(1) | 34257 |
| to (5) of this section does not invalidate the vote. | 34258 |
| (C) Warren county shall not be added to the Montgomery county | 34259 |
| community college district. The district, therefore, shall have no | 34260 |
| power to levy a tax in Warren county. Only the territory of the | 34261 |
| Montgomery county community college district as approved and | 34262 |
| certified by the Ohio board of regents under sections 3354.02 and | 34263 |
| 3354.04 of the Revised Code shall be included in the Montgomery | 34264 |
| county community college district. However, the district may | 34265 |
| provide services in Warren county. | 34266 |
| (D) The board of trustees of the Montgomery county community | 34267 |
| college district shall continue to comply with division (G) of | 34268 |
| section 3354.09 of the Revised Code, regarding tuition for | 34269 |
| students who are residents of the district, for students who are | 34270 |
| residents of Ohio but not of the district, and for students who | 34271 |
| are nonresidents of Ohio. Students who are residents of Warren | 34272 |
| county shall continue to be charged tuition at the same rate as | 34273 |
| other Ohio residents who are not residents of Montgomery county. | 34274 |
| (E) Any money raised by the residents of Montgomery county | 34275 |
| through a tax levied by the Montgomery county community college | 34276 |
| district shall be used solely for the benefit of Montgomery county | 34277 |
| residents attending Sinclair community college, shall be deposited | 34278 |
| into a separate fund from all other revenues of the district, and | 34279 |
| shall be budgeted separately in accordance with division (B) of | 34280 |
| this section. | 34281 |
| Sec. 3362.02. The board of trustees of Shawnee state | 34282 |
|
university shall annually elect from their members a | 34283 |
| chairperson and
| 34284 |
| appoint a secretary of the board, a treasurer, and such other | 34285 |
| officers of the university as the interests of the university | 34286 |
| require, who may be members of the board. The treasurer, before | 34287 |
| entering upon the discharge of
| 34288 |
| bond to the state or be insured for the faithful performance of | 34289 |
| 34290 | |
|
moneys coming into | 34291 |
| bond or insurance shall be determined by the board, but shall not | 34292 |
| be for a sum less than the estimated amount which may come into | 34293 |
| the treasurer's sole control at any time, less any reasonable | 34294 |
| deductible. | 34295 |
| Sec. 3365.01. As used in | 34296 |
| 34297 |
| (A) "College" means any state-assisted college or university | 34298 |
| described in section 3333.041 of the Revised Code, any nonprofit | 34299 |
| institution holding a certificate of authorization pursuant to | 34300 |
| Chapter 1713. of the Revised Code, any private institution exempt | 34301 |
| from regulation under Chapter 3332. of the Revised Code as | 34302 |
| prescribed in section 3333.046 of the Revised Code, and any | 34303 |
| institution holding a certificate of registration from the state | 34304 |
| board of career colleges and schools and program authorization for | 34305 |
| an associate or bachelor's degree program issued under section | 34306 |
| 3332.05 of the Revised Code. | 34307 |
| (B) "School district," except as specified in division (G) of | 34308 |
| this section, means any school district to which a student is | 34309 |
| admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of | 34310 |
| the Revised Code and does not include a joint vocational or | 34311 |
| cooperative education school district. | 34312 |
| (C) "Parent" has the same meaning as in section 3313.64 of | 34313 |
| the Revised Code. | 34314 |
| (D) "Participant" means a student enrolled in a college under | 34315 |
| the post-secondary enrollment options program established by this | 34316 |
| chapter. | 34317 |
| (E) "Secondary grade" means the ninth through twelfth grades. | 34318 |
| (F) "School foundation payments" means the amount required to | 34319 |
| be paid to a school district for a fiscal year under Chapter 3317. | 34320 |
| of the Revised Code. | 34321 |
| (G) "Tuition base" means, with respect to a participant's | 34322 |
| school district, the greater of the following: | 34323 |
| (1) The fiscal year 2005 formula amount defined in
| 34324 |
| 34325 | |
| district's fiscal year 2005 cost-of-doing-business factor defined | 34326 |
| in | 34327 |
| (2) The sum of (the current formula amount times the current | 34328 |
| cost-of-doing-business factor defined in section 3317.02 of the | 34329 |
| Revised Code) plus the per pupil amount of the base funding | 34330 |
| supplements specified in divisions (C)(1) to (4) of section | 34331 |
| 3317.012 of the Revised Code. | 34332 |
| The participant's "school district" in the case of a | 34333 |
| participant enrolled in a community school shall be the school | 34334 |
| district in which the student is entitled to attend school under | 34335 |
| section 3313.64 or 3313.65 of the Revised Code. | 34336 |
| (H) "Educational program" means enrollment in one or more | 34337 |
| school districts, in a nonpublic school, or in a college under | 34338 |
| division (B) of section 3365.04 of the Revised Code. | 34339 |
| (I) "Nonpublic school" means a chartered or nonchartered | 34340 |
| school for which minimum standards are prescribed by the state | 34341 |
| board of education pursuant to division (D) of section 3301.07 of | 34342 |
| the Revised Code. | 34343 |
| (J) "School year" means the year beginning on the first day | 34344 |
| of July and ending on the thirtieth day of June. | 34345 |
| (K) "Community school" means any school established pursuant | 34346 |
| to Chapter 3314. of the Revised Code that includes secondary | 34347 |
| grades. | 34348 |
| (L) "Community school payments" means payments made by the | 34349 |
| department of education to a community school pursuant to division | 34350 |
| (D) of section 3314.08 of the Revised Code. | 34351 |
| Sec. 3365.02. There is hereby established the post-secondary | 34352 |
| enrollment options program under which a secondary grade student | 34353 |
| who is a resident of this state may enroll at a college, on a | 34354 |
| full- or part-time basis, and complete nonsectarian courses for | 34355 |
| high school and college credit. | 34356 |
| Secondary grade students in a nonpublic school may | 34357 |
| participate in the post-secondary enrollment options program if | 34358 |
| the chief administrator of such school notifies the department of | 34359 |
| education by the first day of April prior to the school year in | 34360 |
| which the school's students will participate. | 34361 |
| The state board of education, after consulting with the board | 34362 |
| of regents, shall adopt rules governing the program. The rules | 34363 |
| shall include: | 34364 |
| (A) Requirements for school districts, community schools, or | 34365 |
| participating nonpublic schools to provide information about the | 34366 |
| program prior to the first day of March of each year to all | 34367 |
| students enrolled in grades eight through eleven; | 34368 |
| (B) A requirement that a student or the student's parent | 34369 |
| inform the district board of education, the governing authority of | 34370 |
| a community school, or the nonpublic school administrator by the | 34371 |
| thirtieth day of March of the student's intent to participate in | 34372 |
| the program during the following school year. The rule shall | 34373 |
| provide that any student who fails to notify a district board, the | 34374 |
| governing authority of a community school, or the nonpublic school | 34375 |
| administrator by the required date may not participate in the | 34376 |
| program during the following school year without the written | 34377 |
| consent of the district superintendent, the governing authority of | 34378 |
| a community school, or the nonpublic school administrator. | 34379 |
| (C) Requirements that school districts and community schools | 34380 |
| provide counseling services to students in grades eight through | 34381 |
| eleven and to their parents before the students participate in the | 34382 |
| program under this chapter to ensure that students and parents are | 34383 |
| fully aware of the possible risks and consequences of | 34384 |
| participation. Counseling information shall include without | 34385 |
| limitation: | 34386 |
| (1) Program eligibility; | 34387 |
| (2) The process for granting academic credits; | 34388 |
| (3) Financial arrangements for tuition, books, materials, and | 34389 |
| fees; | 34390 |
| (4) Criteria for any transportation aid; | 34391 |
| (5) Available support services; | 34392 |
| (6) Scheduling; | 34393 |
| (7) The consequences of failing or not completing a course in | 34394 |
| which the student enrolls and the effect of the grade attained in | 34395 |
| the course being included in the student's grade point average, if | 34396 |
| applicable; | 34397 |
| (8) The effect of program participation on the student's | 34398 |
| ability to complete the district's, community school's, or | 34399 |
| nonpublic school's graduation requirements; | 34400 |
| (9) The academic and social responsibilities of students and | 34401 |
| parents under the program; | 34402 |
| (10) Information about and encouragement to use the | 34403 |
| counseling services of the college in which the student intends to | 34404 |
| enroll. | 34405 |
| (D) A requirement that the student and the student's parent | 34406 |
| sign a form, provided by the school district or school, stating | 34407 |
| that they have received the counseling required by division (C) of | 34408 |
| this section and that they understand the responsibilities they | 34409 |
| must assume in the program; | 34410 |
| (E) The options required by section 3365.04 of the Revised | 34411 |
| Code; | 34412 |
| (F) A requirement that a student may not enroll in any | 34413 |
| specific college course through the program if the student has | 34414 |
| taken high school courses in the same subject area as that college | 34415 |
| course and has failed to attain a cumulative grade point average | 34416 |
| of at least 3.0 on a 4.0 scale, or the equivalent, in such | 34417 |
| completed high school courses. | 34418 |
| | 34419 |
| 34420 | |
| 34421 | |
| from forfeited bail, under sections 3375.50 to 3375.53 of the | 34422 |
| Revised Code shall furnish to all of the members
of the | 34423 |
| general assembly, the | 34424 |
| association is located, and the judges of the
| 34425 |
| 34426 | |
| and the use of its
books, materials, and equipment free of charge | 34427 |
| 34428 | |
| 34429 | |
| 34430 | |
| additional persons to act as assistant | 34431 |
| the law library. The board shall | 34432 |
| paying the compensation of | 34433 |
| 34434 | |
| Code. | 34435 |
| Sec. 3375.49. | 34436 |
| this section, for the use of the law library referred to in | 34437 |
| section 3375.48 of the Revised Code, the board of county | 34438 |
|
commissioners shall provide | 34439 |
| 34440 | |
|
county courthouse or | 34441 |
| 34442 | |
| located in the county seat | 34443 |
| utilities for that space. | 34444 |
| (B)(1) Subject to division (C) of this section, through | 34445 |
| calendar year 2006, the board of county commissioners shall be | 34446 |
| responsible for paying the compensation of the librarian and up to | 34447 |
| two assistant librarians of the law library appointed by the board | 34448 |
| of trustees of the law library association under section 3375.48 | 34449 |
| of the Revised Code and the costs of the space in the county | 34450 |
| courthouse or other building that the board provides for the use | 34451 |
| of the law library under division (A) of this section, the | 34452 |
| utilities for that space, and furniture and fixtures for the law | 34453 |
| library. | 34454 |
| (2) In calendar years 2007 through 2010, the board of county | 34455 |
| commissioners and the board of trustees shall be responsible for | 34456 |
| paying the compensation of the librarian and up to two assistant | 34457 |
| librarians appointed under section 3375.48 of the Revised Code and | 34458 |
| the costs of the space in the county courthouse or other building | 34459 |
| that the board of county commissioners provides for the use of the | 34460 |
| law library under division (A) of this section, the utilities for | 34461 |
| that space, and furniture and fixtures for the law library as | 34462 |
| follows: | 34463 |
| (a) In calendar year 2007, the board of county commissioners | 34464 |
| shall pay eighty per cent, and the board of trustees shall pay | 34465 |
| twenty per cent. | 34466 |
| (b) In calendar year 2008, the board of county commissioners | 34467 |
| shall pay sixty per cent, and the board of trustees shall pay | 34468 |
| forty per cent. | 34469 |
| (c) In calendar year 2009, the board of county commissioners | 34470 |
| shall pay forty per cent, and the board of trustees shall pay | 34471 |
| sixty per cent. | 34472 |
| (d) In calendar year 2010, the board of county commissioners | 34473 |
| shall pay twenty per cent, and the board of trustees shall pay | 34474 |
| eighty per cent. | 34475 |
| (3) Beginning in calendar year 2011 and thereafter, the board | 34476 |
| of trustees shall be responsible for paying the compensation of | 34477 |
| the librarian and all assistant librarians appointed under section | 34478 |
| 3375.48 of the Revised Code as well as the costs of the space in | 34479 |
| the county courthouse or other building that the board of county | 34480 |
| commissioners provides for the use of the law library under | 34481 |
| division (A) of this section, the utilities for that space, and | 34482 |
| the law library's furniture and fixtures. | 34483 |
| (C) If the board of trustees of a law library association | 34484 |
| referred to in section 3375.48 of the Revised Code rents, leases, | 34485 |
| lease-purchases, or otherwise acquires space for the use of the | 34486 |
| law library, or constructs, enlarges, renovates, or otherwise | 34487 |
| modifies buildings or other structures to provide space for the | 34488 |
| use of the law library, the board of county commissioners of the | 34489 |
| county in which the association is located has no further | 34490 |
| obligation under division (A) of this section to provide space in | 34491 |
| the county courthouse or any other building located in the county | 34492 |
| seat for the use of the law library and utilities for that space, | 34493 |
| and has no further obligation under division (B) of this section | 34494 |
| to make payments for the compensation of the librarian and up to | 34495 |
| two assistant librarians of the law library appointed under | 34496 |
| section 3375.48 of the Revised Code and for the costs of space in | 34497 |
| the county courthouse or an other building for the use of the law | 34498 |
| library, the utilities for that space, and the law library's | 34499 |
| furniture and fixtures. | 34500 |
|
(D)
The librarian | 34501 |
| shall receive and safely keep in | 34502 |
| law reports and other books furnished by the state for use of the | 34503 |
| court and bar. | 34504 |
| 34505 |
| (E) The books, computer communications console that is a | 34506 |
| means of access to a system of computerized legal research, | 34507 |
| microform materials and equipment, videotape materials and | 34508 |
| equipment, audio or visual materials and equipment, other | 34509 |
| materials and equipment utilized in conducting
legal research, | 34510 |
| furniture, and fixtures of the law library association that are | 34511 |
| owned by, and used exclusively in, the law library are exempt from | 34512 |
| taxation. | 34513 |
| Sec. 3375.54. The money that is paid to the board of | 34514 |
| trustees of a law library association under sections 3375.50 to | 34515 |
| 3375.53 of the Revised Code shall be expended in the support and | 34516 |
| operation of the law library association
| 34517 |
| lease, or rental of lawbooks, a computer communications console | 34518 |
| that is a means of access to a system of computerized legal | 34519 |
| research, microform materials and equipment, videotape materials | 34520 |
| and equipment, audio or
visual materials and equipment, | 34521 |
| 34522 | |
| 34523 | |
| and fixtures used in the association's law library; and to pay the | 34524 |
| compensation of any librarian and assistant librarians of the law | 34525 |
| library appointed under section 3375.48 of the Revised Code. | 34526 |
| Sec. 3375.55. | 34527 |
| 34528 | |
| 34529 | |
| receives fines and penalties, and moneys arising from forfeited | 34530 |
| bail, under sections 3375.50 to 3375.53 of the Revised Code is | 34531 |
| located shall have the same free use of the books, materials, and | 34532 |
| equipment of the association's law library | 34533 |
| 34534 | |
| general assembly members and the judges and county officers | 34535 |
| mentioned in section 3375.48 of the Revised Code. | 34536 |
| Sec. 3381.02. A regional arts and cultural district may be | 34537 |
|
created | 34538 |
| any of the following purposes: making grants to support the | 34539 |
| operating or capital expenses of arts or cultural organizations | 34540 |
| located within its district, or acquiring, constructing, | 34541 |
| equipping, furnishing, repairing, remodeling, renovating, | 34542 |
| enlarging, improving, or administering artistic or cultural | 34543 |
| facilities. A regional arts and cultural district is a political | 34544 |
| subdivision of the state and a body corporate, comprised of the | 34545 |
| territory of a county, or two or more counties, municipal | 34546 |
|
corporations, townships, or any combination thereof | 34547 |
| 34548 | |
| cultural district, each county shall be contiguous to a county in | 34549 |
| 34550 | |
| of political subdivisions, | 34551 |
| township shall either be contiguous to a county, municipal | 34552 |
|
corporation, or township in | 34553 |
| district, or each municipal corporation or township shall be | 34554 |
| located in a county that is
contiguous to a county in | 34555 |
| district. | 34556 |
| Sec. 3381.04. (A) In lieu of the procedure set forth in | 34557 |
| section 3381.03 of the Revised Code, any county with a population | 34558 |
| of five hundred thousand or more | 34559 |
| the creation of a regional arts and cultural
district | 34560 |
| under that section | 34561 |
| regional arts and cultural district by adoption of a resolution
| 34562 |
| 34563 | |
| county.
| 34564 |
| | 34565 |
| | 34566 |
| coextensive with the
territory of | 34567 |
| | 34568 |
| known; | 34569 |
| | 34570 |
| or the manner in which the location shall be selected. | 34571 |
| (B) The district provided for in | 34572 |
| 34573 | |
| resolution | 34574 |
| 34575 | |
| 34576 | |
| townships contained | 34577 |
| a part of any other regional arts and cultural district. | 34578 |
| (C) The board of trustees of any regional arts and cultural | 34579 |
| district formed in accordance with this section shall be comprised | 34580 |
| of three members appointed by the | 34581 |
| 34582 |
| Sec. 3381.05. Within sixty days after a regional arts and | 34583 |
|
cultural district has been created | 34584 |
| 34585 | |
| appointed as provided in this section. | 34586 |
| Members of a board of trustees of a regional arts and | 34587 |
| cultural district created by the exclusive action of a county | 34588 |
| shall be appointed by the board of county
commissioners of | 34589 |
| the county. A board of trustees of a district created by two or | 34590 |
| more political subdivisions shall consist of
| 34591 |
| members, and shall be appointed by | 34592 |
| bodies, as shall be provided in the resolutions or ordinances | 34593 |
| creating | 34594 |
| All members of a board of trustees of a regional arts and | 34595 |
|
cultural district | 34596 |
| 34597 | |
| the arts or cultural heritage and shall have other qualifications | 34598 |
|
as are specified in the | 34599 |
| ordinances creating the
district, or any amendments | 34600 |
| them; provided | 34601 |
| shall be persons who devote a major portion of their time to | 34602 |
| practicing, performing, or teaching any of the arts or who are | 34603 |
| professional administrators in any field of the arts or cultural | 34604 |
| heritage, and the | 34605 |
|
creating | 34606 |
| provide. All members of the board of trustees also shall be | 34607 |
| qualified electors in
the district's territory. | 34608 |
| The appointing authority shall consider for appointment as | 34609 |
| members of the board of trustees, but
need not appoint, | 34610 |
| persons | 34611 |
| section 757.03 of the Revised Code, located within the district; | 34612 |
| provided that all | 34613 |
| specified in this section and the
| 34614 |
| 34615 | |
| resolutions or
| 34616 |
| need not, provide that the members of an area arts council located | 34617 |
| within the district shall constitute the board of trustees of the | 34618 |
| district. | 34619 |
| The
appointing authority | 34620 |
| 34621 | |
| nonfeasance, or malfeasance in office. | 34622 |
| The initially appointed members of the board of trustees of | 34623 |
| any regional arts and cultural district | 34624 |
| 34625 | |
| two, and three years. Thereafter, each | 34626 |
| 34627 | |
| fill a vacancy shall be appointed to only the unexpired term. Any | 34628 |
| 34629 | |
| otherwise provided in the | 34630 |
| ordinances creating | 34631 |
| them. | 34632 |
| Sec. 3381.06. All the power and authority granted to a | 34633 |
| regional arts and
cultural district | 34634 |
| 34635 | |
| its board of trustees, which shall manage and conduct its affairs. | 34636 |
| The board | 34637 |
| provide, by rules, the procedure for its actions, the manner of | 34638 |
| selection of its president, vice-president, executive director, | 34639 |
| and other officers and employees, their titles, terms of office, | 34640 |
| compensation, duties, number, and qualifications, and any other | 34641 |
| lawful subject necessary or desirable to the operation and | 34642 |
| administration of the district and the exercise of the powers | 34643 |
| granted to it. | 34644 |
| Sec. 3381.07. Upon the creation of a regional arts and | 34645 |
|
cultural district | 34646 |
| 34647 | |
| election of a president and a vice-president, the district shall | 34648 |
| exercise in its own name all the rights, powers, and duties vested | 34649 |
| in and conferred upon it by this chapter. A regional arts and | 34650 |
| cultural district: | 34651 |
| (A) May sue or be sued in its corporate name; | 34652 |
| (B) May make contracts in the exercise of the rights, powers, | 34653 |
| and duties conferred upon it; | 34654 |
| (C) May adopt and alter a seal and use | 34655 |
| causing it to be impressed, affixed, reproduced, or otherwise | 34656 |
| used, but failure to affix the seal shall not affect the validity | 34657 |
| of any instrument; | 34658 |
| (D) May make, adopt, amend, and repeal bylaws for the | 34659 |
| administration of its affairs and rules for the administration and | 34660 |
| operation of any artistic or cultural facilities under its control | 34661 |
| and for the exercise of all of its rights of ownership
| 34662 |
| those facilities, provided, however, that it may not be directly | 34663 |
| involved in any programatic activities; | 34664 |
| (E) May make grants, on such terms and conditions as it may | 34665 |
| deem advisable, to any arts or cultural organization within its | 34666 |
| district as provided in section 3381.17 of the Revised Code; | 34667 |
| (F) May fix, alter, and collect rentals and other charges for | 34668 |
| the use of any artistic or cultural facilities under its control, | 34669 |
| to be determined exclusively by it for the purpose of providing | 34670 |
| for the payment of the expenses of the district, the acquisition, | 34671 |
| construction, equipping, improvement, extension, repair, | 34672 |
| maintenance, renovation, enlargement, administration, and | 34673 |
| operation of artistic or cultural facilities under its control, | 34674 |
| and the payment of principal and interest on its obligations, and | 34675 |
| 34676 | |
| purchasers or holders of any such obligations, or with any person | 34677 |
| or political subdivision; | 34678 |
| (G) Shall have jurisdiction, control, possession, and | 34679 |
| supervision over the use and disposition of all property, rights, | 34680 |
| licenses, moneys, contracts, accounts, liens, books, records, or | 34681 |
| other property rights and interests conveyed, delivered, | 34682 |
| transferred, or assigned to it; | 34683 |
| (H) May acquire, construct, improve, extend, repair, remodel, | 34684 |
| renovate, furnish, equip, enlarge, lease, or maintain artistic or | 34685 |
| cultural facilities within its territory as it considers necessary | 34686 |
| to accomplish the purposes of this chapter, and make charges for | 34687 |
| the use of artistic or cultural facilities; | 34688 |
| (I) May levy and collect taxes as provided in section 3381.16 | 34689 |
| of the Revised Code; | 34690 |
| (J) May issue bonds secured by its general credit as provided | 34691 |
| in section 3381.08 of the Revised Code; | 34692 |
| (K) May hold, encumber, control, acquire by donation, | 34693 |
| purchase, construct, own, lease as lessee or lessor, use, and sell | 34694 |
| real and personal property, or any interest or right
| 34695 |
| real or personal property, within or without its territory; | 34696 |
| (L) May employ or retain and fix the compensation of | 34697 |
|
employees, | 34698 |
| or
advisors | 34699 |
| accomplishment of its purposes; | 34700 |
| (M) May procure insurance against loss to it by reason of | 34701 |
| damages to its properties resulting from fire, theft, accident, or | 34702 |
| other casualties or by reason of its liability for any damages to | 34703 |
| persons or property; | 34704 |
| (N) May maintain | 34705 |
| desirable for the efficient performance of its duties; | 34706 |
| (O) May procure a policy or policies insuring members of its | 34707 |
| board of trustees, and its officers, employees, and agents, | 34708 |
| against liability on account of damages or injury to persons and | 34709 |
|
property resulting from any act or omission of such person in | 34710 |
| the person's
official capacity or resulting solely out of | 34711 |
| person's
service to | 34712 |
| (P) May receive and expend gifts, grants, bequests, or | 34713 |
| devices, or grants, including, but not limited to, grants of | 34714 |
| public funds. | 34715 |
| Sec. 3381.15. (A) The board of county commissioners of any | 34716 |
| county, the legislative authority of any municipal corporation, | 34717 |
| and the board of township trustees of any township, included | 34718 |
| within a regional arts and cultural district may appropriate | 34719 |
| annually, from moneys to the credit of the general fund of the | 34720 |
| county, the municipal corporation, or the township and not | 34721 |
| otherwise appropriated, that portion of the expense of the | 34722 |
| district to be paid
by | 34723 |
| township as provided in the resolution creating or enlarging the | 34724 |
| district adopted under section 3381.03 of the Revised Code, or by | 34725 |
| any amendment | 34726 |
| (B) In addition to the authority granted to a board of county | 34727 |
| commissioners under division (A) of this section, a board of | 34728 |
| county commissioners in a county with a population of five hundred | 34729 |
| thousand or more may establish and provide local funding options | 34730 |
| for the support of arts and cultural organizations operating | 34731 |
| within the regional arts and cultural district in which the county | 34732 |
| is included. | 34733 |
| Sec. 3383.02. (A) There is hereby created the Ohio cultural | 34734 |
| facilities commission. The commission shall engage in and provide | 34735 |
| for the development, performance, and presentation or making | 34736 |
| available of culture and professional sports and athletics to the | 34737 |
| public in this state, and the provision of training or education | 34738 |
| in culture, by the exercise of its powers under this chapter, | 34739 |
| including the provision, operation, management, and cooperative | 34740 |
| use of Ohio cultural facilities and Ohio sports facilities. The | 34741 |
| commission is a body corporate and politic, an agency of state | 34742 |
| government and an instrumentality of the state, performing | 34743 |
| essential governmental functions of this state. The carrying out | 34744 |
| of the purposes and the exercise by the commission of its powers | 34745 |
| conferred by this chapter are essential public functions and | 34746 |
| public purposes of the state and of state government. The | 34747 |
| commission may, in its own name, sue and be sued, enter into | 34748 |
| contracts, and perform all the powers and duties given to it by | 34749 |
| this chapter; however, it does not have and shall not exercise the | 34750 |
| power of eminent domain. | 34751 |
| (B) The commission shall consist of
| 34752 |
| nine of whom shall be voting members and three of whom shall be | 34753 |
|
nonvoting
members. The
| 34754 |
| appointed by the governor, with the advice and consent of the | 34755 |
| senate, from different geographical regions of the state. In | 34756 |
| addition, one of the voting members shall represent the state | 34757 |
|
architect. Not more
than
| 34758 |
| governor shall be affiliated with the same political party. The | 34759 |
| nonvoting members shall be the staff director of the Ohio arts | 34760 |
| council, a member of the senate appointed by the president of the | 34761 |
| senate, and a member of the house of representatives appointed by | 34762 |
| the speaker of the house. | 34763 |
| (C) Of the five initial appointments made by the governor, | 34764 |
| one shall be for a term expiring December 31, 1989, two shall be | 34765 |
| for terms expiring December 31, 1990, and two shall be for terms | 34766 |
| expiring December 31, 1991. Of the initial appointments of the | 34767 |
| sixth and seventh voting members made by the governor, one shall | 34768 |
| be for a term expiring December 31, 2003, and one shall be for a | 34769 |
| term expiring December 31, 2004. Of the initial appointments of | 34770 |
| the eighth and ninth voting members made by the governor, one | 34771 |
| shall be for a term expiring December 31, 2007, and one shall be | 34772 |
| for a term expiring December 31, 2008. These voting members shall | 34773 |
| be appointed within sixty days after the effective date of this | 34774 |
| amendment. Thereafter, each such term shall be for three years, | 34775 |
| commencing on the first day of January and ending on the | 34776 |
| thirty-first day of December. Each appointment by the president of | 34777 |
| the senate and by the speaker of the house of representatives | 34778 |
| shall be for the balance of the then legislative biennium. Each | 34779 |
| member shall hold office from the date of the member's appointment | 34780 |
| until the end of the term for which the member was appointed. Any | 34781 |
| member appointed to fill a vacancy occurring prior to the | 34782 |
| expiration of the term for which the member's predecessor was | 34783 |
| appointed shall hold office for the remainder of such term. Any | 34784 |
| member shall continue in office subsequent to the expiration date | 34785 |
| of the member's term until the member's successor takes office, or | 34786 |
| until a period of sixty days has elapsed, whichever occurs first. | 34787 |
| (D) Members of the commission shall serve without | 34788 |
| compensation. | 34789 |
| (E) Organizational meetings of the commission shall be held | 34790 |
| at the first meeting of each calendar year. At each organizational | 34791 |
| meeting, the commission shall elect from among its voting members | 34792 |
| a chairperson, a vice-chairperson, and a secretary-treasurer, who | 34793 |
| shall serve until the next annual meeting. The commission shall | 34794 |
| adopt rules pursuant to section 111.15 of the Revised Code for the | 34795 |
| conduct of its internal business and shall keep a journal of its | 34796 |
| proceedings. | 34797 |
| (F)
| 34798 |
|
quorum, and the affirmative vote of
| 34799 |
| for approval of any action taken by the commission. A vacancy in | 34800 |
| the membership of the commission does not impair a quorum from | 34801 |
| exercising all the rights and performing all the duties of the | 34802 |
| commission. Meetings of the commission may be held anywhere in the | 34803 |
| state, and shall be held in compliance with section 121.22 of the | 34804 |
| Revised Code. | 34805 |
| (G) All expenses incurred in carrying out this chapter are | 34806 |
| payable solely from money accrued under this chapter or | 34807 |
| appropriated for these purposes by the general assembly, and the | 34808 |
| commission shall incur no liability or obligation beyond such | 34809 |
| money. | 34810 |
| (H) The commission shall file an annual report of its | 34811 |
| activities and finances with the governor, director of budget and | 34812 |
| management, speaker of the house of representatives, president of | 34813 |
| the senate, and chairpersons of the house and senate finance | 34814 |
| committees. | 34815 |
| (I) There is hereby established in the state treasury the | 34816 |
| Ohio cultural facilities commission administration fund. All | 34817 |
| revenues of the commission shall be credited to that fund and to | 34818 |
| any
accounts created in | 34819 |
| approval. All expenses of the commission, including reimbursement | 34820 |
| of, or payment to, any other fund or any governmental agency for | 34821 |
| advances made or services rendered to or on behalf of the | 34822 |
|
commission, shall be paid from | 34823 |
| 34824 | |
| to
directions of the commission. All investment earnings of | 34825 |
| 34826 | |
| shall be allocated among any accounts created in the fund in the | 34827 |
| manner determined by the commission. | 34828 |
| (J) Title to all real property and lesser interests in real | 34829 |
| property acquired by the commission, including leasehold and other | 34830 |
| interests, pursuant to this chapter shall be taken in the name of | 34831 |
| the state and shall be held for the use and benefit of the | 34832 |
| commission. The commission shall not mortgage such real property | 34833 |
| and interests in real property. Title to other property and | 34834 |
| interests in it acquired by the commission pursuant to this | 34835 |
| chapter shall be taken in its name. | 34836 |
| Sec. 3383.09. (A) There is hereby created in the state | 34837 |
| treasury the cultural and sports facilities building fund, which | 34838 |
| shall consist of proceeds of obligations authorized to pay costs | 34839 |
| of Ohio cultural facilities and Ohio sports facilities for which | 34840 |
| appropriations are made by the general assembly. All investment | 34841 |
| earnings of the fund shall be credited to the fund. | 34842 |
| (B) The director of budget and management may transfer | 34843 |
|
the Ohio cultural facilities commission administration
fund | 34844 |
| investment earnings credited, or the premium paid on any bonds | 34845 |
| issued on behalf of the commission and credited, to the cultural | 34846 |
| and sports facilities building fund that exceed the amounts | 34847 |
| required to meet estimated federal arbitrage rebate requirements | 34848 |
| when requested of the director of budget and management by the | 34849 |
| chairperson or executive director of the commission. | 34850 |
| Sec. 3501.17. (A) The expenses of the board of elections | 34851 |
| shall be paid from the county treasury, in pursuance of | 34852 |
| appropriations by the board of county commissioners, in the same | 34853 |
| manner as other county expenses are paid. If the board of county | 34854 |
| commissioners fails to appropriate an amount sufficient to provide | 34855 |
| for the necessary and proper expenses of the board of elections | 34856 |
| pertaining to the conduct of elections, | 34857 |
| elections may apply to the court of common pleas within the | 34858 |
| county, which shall fix the amount necessary to be appropriated, | 34859 |
| and | 34860 |
| upon vouchers of the board of elections certified to by its | 34861 |
| chairperson or acting chairperson and the director or deputy | 34862 |
| director, upon warrants of the county auditor. | 34863 |
| The board of elections shall not incur any obligation | 34864 |
| involving the expenditure of money unless there are moneys | 34865 |
| sufficient in the funds appropriated therefor to
meet | 34866 |
| 34867 | |
| 5705.41 of the Revised Code. The board may make transfers out of | 34868 |
| accounts that contain funds designated for the purpose of | 34869 |
| conducting elections only as provided under sections 5705.14 to | 34870 |
| 5705.16 of the Revised Code. | 34871 |
| The expenses of the board of elections shall be apportioned | 34872 |
| among the county and the various subdivisions as provided in this | 34873 |
| section, and the amount chargeable to each subdivision shall be | 34874 |
|
withheld by the auditor from the moneys payable | 34875 |
| subdivision at the time of the next tax settlement. At the time of | 34876 |
| submitting budget estimates in each year, the board of elections | 34877 |
| shall submit to the taxing authority of each subdivision, upon the | 34878 |
| request of the subdivision, an estimate of the amount to be | 34879 |
|
withheld | 34880 |
| year. | 34881 |
| (B) Except as otherwise provided in division (F) of this | 34882 |
| section, the entire compensation of the members of the board of | 34883 |
| elections and of the director, deputy director, and other | 34884 |
| employees in the board's offices; the expenditures for the rental, | 34885 |
| furnishing, and equipping of the office of the board and for the | 34886 |
| necessary office supplies for the use of the board; the | 34887 |
| expenditures for the acquisition, repair, care, and custody of the | 34888 |
| polling places, booths, guardrails, and other equipment for | 34889 |
| polling places; the cost of pollbooks, tally sheets, maps, flags, | 34890 |
| ballot boxes, and all other permanent records and equipment; the | 34891 |
| cost of all elections held in and for the state and county; and | 34892 |
| all other expenses of the board which are not chargeable to a | 34893 |
| political subdivision in accordance with this section shall be | 34894 |
| paid in the same manner as other county expenses are paid. | 34895 |
| (C) The compensation of judges and clerks of elections; the | 34896 |
| cost of renting, moving, heating, and lighting polling places and | 34897 |
| of placing and removing ballot boxes and other fixtures and | 34898 |
| equipment thereof; the cost of printing and delivering ballots, | 34899 |
| cards of instructions, and other election supplies; and all other | 34900 |
| expenses of conducting primaries and elections in the odd-numbered | 34901 |
| years shall be charged to the subdivisions in and for which such | 34902 |
| primaries or elections are held. The charge for each primary or | 34903 |
| general election in odd-numbered years for each subdivision shall | 34904 |
| be determined in the following manner: first, the total cost of | 34905 |
| all chargeable items used in conducting such elections shall be | 34906 |
| ascertained; second, the total charge shall be divided by the | 34907 |
| number of precincts participating in such election, in order to | 34908 |
| fix the cost per precinct; third, the cost per precinct shall be | 34909 |
| prorated by the board of elections to the subdivisions conducting | 34910 |
| elections for the nomination or election of offices in such | 34911 |
| precinct; fourth, the total cost for each subdivision shall be | 34912 |
| determined by adding the charges prorated to it in each precinct | 34913 |
| within the subdivision. | 34914 |
| (D) The entire cost of special elections held on a day other | 34915 |
| than the day of a primary or general election, both in | 34916 |
| odd-numbered or in even-numbered years, shall be charged to the | 34917 |
| subdivision. Where a special election is held on the same day as a | 34918 |
| primary or general election in an even-numbered year, the | 34919 |
| subdivision submitting the special election shall be charged only | 34920 |
| for the cost of ballots and advertising. Where a special election | 34921 |
| is held on the same day as a primary or general election in an | 34922 |
| odd-numbered year, the subdivision submitting the special election | 34923 |
| shall be charged for the cost of ballots and advertising for such | 34924 |
| special election, in addition to the charges prorated to such | 34925 |
| subdivision for the election or nomination of candidates in each | 34926 |
| precinct within the subdivision, as set forth in the preceding | 34927 |
| paragraph. | 34928 |
| (E) Where a special election is held on the day specified by | 34929 |
| division (E) of section 3501.01 of the Revised Code for the | 34930 |
| holding of a primary election, for the purpose of submitting to | 34931 |
| the voters of the state constitutional amendments proposed by the | 34932 |
| general assembly, and a subdivision conducts a special election on | 34933 |
| the same day, the entire cost of the special election shall be | 34934 |
| divided proportionally between the state and the subdivision based | 34935 |
| upon a ratio determined by the number of issues placed on the | 34936 |
| ballot by each, except as otherwise provided in division (G) of | 34937 |
| this section. Such proportional division of cost shall be made | 34938 |
| only to the extent funds are available for such purpose from | 34939 |
| amounts appropriated by the general assembly to the secretary of | 34940 |
| state. If a primary election is also being conducted in the | 34941 |
| subdivision, the costs shall be apportioned as otherwise provided | 34942 |
| in this section. | 34943 |
| (F) When a precinct is open during a general, primary, or | 34944 |
| special election solely for the purpose of submitting to the | 34945 |
| voters a statewide ballot issue, the state shall bear the entire | 34946 |
| cost of the election in that precinct and shall reimburse the | 34947 |
| county for all expenses incurred in opening the precinct. | 34948 |
| (G) The state shall bear the entire cost of advertising in | 34949 |
| newspapers statewide ballot issues, explanations of those issues, | 34950 |
| and arguments for or against those issues, as required by Section | 34951 |
| 1g of Article II and Section 1 of Article XVI, Ohio Constitution, | 34952 |
| and any other section of law and shall reimburse the counties for | 34953 |
| all expenses they incur for such advertising. | 34954 |
| (H) The cost of renting, heating, and lighting registration | 34955 |
| places; the cost of the necessary books, forms, and supplies for | 34956 |
| the conduct of registration; and the cost of printing and posting | 34957 |
| precinct registration lists shall be charged to the subdivision in | 34958 |
| which such registration is held. | 34959 |
| (I) As used in this section, "statewide ballot issue" means | 34960 |
| any ballot issue, whether proposed by the general assembly or by | 34961 |
| initiative or referendum, that is submitted to the voters | 34962 |
| throughout the state. | 34963 |
| Sec. 3517.13. (A)(1) No campaign committee of a statewide | 34964 |
| candidate shall fail to file a complete and accurate statement | 34965 |
| required under division (A)(1) of section 3517.10 of the Revised | 34966 |
| Code. | 34967 |
| (2) No campaign committee of a statewide candidate shall fail | 34968 |
| to file a complete and accurate monthly statement, and no campaign | 34969 |
| committee of a statewide candidate or a candidate for the office | 34970 |
| of chief justice or justice of the supreme court shall fail to | 34971 |
| file a complete and accurate two-business-day statement, as | 34972 |
| required under section 3517.10 of the Revised Code. | 34973 |
| As used in this division, "statewide candidate" has the same | 34974 |
| meaning as in division (F)(2) of section 3517.10 of the Revised | 34975 |
| Code. | 34976 |
| (B) No campaign committee shall fail to file a complete and | 34977 |
| accurate statement required under division (A)(1) of section | 34978 |
| 3517.10 of the Revised Code. | 34979 |
| (C) No campaign committee shall fail to file a complete and | 34980 |
| accurate statement required under division (A)(2) of section | 34981 |
| 3517.10 of the Revised Code. | 34982 |
| (D) No campaign committee shall fail to file a complete and | 34983 |
| accurate statement required under division (A)(3) or (4) of | 34984 |
| section 3517.10 of the Revised Code. | 34985 |
| (E) No person other than a campaign committee shall knowingly | 34986 |
| fail to file a statement required under section 3517.10 or | 34987 |
| 3517.107 of the Revised Code. | 34988 |
| (F) No person shall make cash contributions to any person | 34989 |
| totaling more than one hundred dollars in each primary, special, | 34990 |
| or general election. | 34991 |
| (G)(1) No person shall knowingly conceal or misrepresent | 34992 |
| contributions given or received, expenditures made, or any other | 34993 |
| information required to be reported by a provision in sections | 34994 |
| 3517.08 to 3517.13 and 3517.17 of the Revised Code. | 34995 |
| (2)(a) No person shall make a contribution to a campaign | 34996 |
| committee, political action committee, political contributing | 34997 |
| entity, legislative campaign fund, political party, or person | 34998 |
| making disbursements to pay the direct costs of producing or | 34999 |
| airing electioneering communications in the name of another | 35000 |
| person. | 35001 |
| (b) A person does not make a contribution in the name of | 35002 |
| another when either of the following applies: | 35003 |
| (i) An individual makes a contribution from a partnership or | 35004 |
| other unincorporated business account, if the contribution is | 35005 |
| reported by listing both the name of the partnership or other | 35006 |
| unincorporated business and the name of the partner or owner | 35007 |
| making the contribution as required under division (I) of section | 35008 |
| 3517.10 of the Revised Code. | 35009 |
| (ii) A person makes a contribution in that person's spouse's | 35010 |
| name or in both of their names. | 35011 |
| (H) No person within this state, publishing a newspaper or | 35012 |
| other periodical, shall charge a campaign committee for political | 35013 |
| advertising a rate in excess of the rate such person would charge | 35014 |
| if the campaign committee were a general rate advertiser whose | 35015 |
| advertising was directed to promoting its business within the same | 35016 |
| area as that encompassed by the particular office that the | 35017 |
| candidate of the campaign committee is seeking. The rate shall | 35018 |
| take into account the amount of space used, as well as the type of | 35019 |
| advertising copy submitted by or on behalf of the campaign | 35020 |
| committee. All discount privileges otherwise offered by a | 35021 |
| newspaper or periodical to general rate advertisers shall be | 35022 |
| available upon equal terms to all campaign committees. | 35023 |
| No person within this state, operating a radio or television | 35024 |
| station or network of stations in this state, shall charge a | 35025 |
| campaign committee for political broadcasts a rate that exceeds: | 35026 |
| (1) During the forty-five days preceding the date of a | 35027 |
| primary election and during the sixty days preceding the date of a | 35028 |
| general or special election in which the candidate of the campaign | 35029 |
| committee is seeking office, the lowest unit charge of the station | 35030 |
| for the same class and amount of time for the same period; | 35031 |
| (2) At any other time, the charges made for comparable use of | 35032 |
| that station by its other users. | 35033 |
| (I) Subject to divisions (K), (L), (M), and (N) of this | 35034 |
| section, no agency or department of this state or any political | 35035 |
| subdivision shall award any contract, other than one let by | 35036 |
| competitive bidding or a contract incidental to such contract or | 35037 |
| which is by force account, for the purchase of goods costing more | 35038 |
| than five hundred dollars or services costing more than five | 35039 |
| hundred dollars to any individual, partnership, association, | 35040 |
| including, without limitation, a professional association | 35041 |
| organized under Chapter 1785. of the Revised Code, estate, or | 35042 |
| trust if the individual has made or the individual's spouse has | 35043 |
| made, or any partner, shareholder, administrator, executor, or | 35044 |
| trustee or the spouse of any of them has made, as an individual, | 35045 |
| within the two previous calendar years, one or more contributions | 35046 |
| totaling in excess of one thousand dollars to the holder of the | 35047 |
| public office having ultimate responsibility for the award of the | 35048 |
| contract or to the public officer's campaign committee. | 35049 |
| (J) Subject to divisions (K), (L), (M), and (N) of this | 35050 |
| section, no agency or department of this state or any political | 35051 |
| subdivision shall award any contract, other than one let by | 35052 |
| competitive bidding or a contract incidental to such contract or | 35053 |
| which is by force account, for the purchase of goods costing more | 35054 |
| than five hundred dollars or services costing more than five | 35055 |
| hundred dollars to a corporation or business trust, except a | 35056 |
| professional association organized under Chapter 1785. of the | 35057 |
| Revised Code, if an owner of more than twenty per cent of the | 35058 |
| corporation or business trust or the spouse of that person has | 35059 |
| made, as an individual, within the two previous calendar years, | 35060 |
| taking into consideration only owners for all of that period, one | 35061 |
| or more contributions totaling in excess of one thousand dollars | 35062 |
| to the holder of a public office having ultimate responsibility | 35063 |
| for the award of the contract or to the public officer's campaign | 35064 |
| committee. | 35065 |
| (K) For purposes of divisions (I) and (J) of this section, if | 35066 |
| a public officer who is responsible for the award of a contract is | 35067 |
| appointed by the governor, whether or not the appointment is | 35068 |
| subject to the advice and consent of the senate, excluding members | 35069 |
| of boards, commissions, committees, authorities, councils, boards | 35070 |
| of trustees, task forces, and other such entities appointed by the | 35071 |
| governor, the office of the governor is considered to have | 35072 |
| ultimate responsibility for the award of the contract. | 35073 |
| (L) For purposes of divisions (I) and (J) of this section, if | 35074 |
| a public officer who is responsible for the award of a contract is | 35075 |
| appointed by the elected chief executive officer of a municipal | 35076 |
| corporation, or appointed by the elected chief executive officer | 35077 |
| of a county operating under an alternative form of county | 35078 |
| government or county charter, excluding members of boards, | 35079 |
| commissions, committees, authorities, councils, boards of | 35080 |
| trustees, task forces, and other such entities appointed by the | 35081 |
| chief executive officer, the office of the chief executive officer | 35082 |
| is considered to have ultimate responsibility for the award of the | 35083 |
| contract. | 35084 |
| (M)(1) Divisions (I) and (J) of this section do not apply to | 35085 |
| contracts awarded by the board of commissioners of the sinking | 35086 |
| fund, municipal legislative authorities, boards of education, | 35087 |
| boards of county commissioners, boards of township trustees, or | 35088 |
| other boards, commissions, committees, authorities, councils, | 35089 |
| boards of trustees, task forces, and other such entities created | 35090 |
| by law, by the supreme court or courts of appeals, by county | 35091 |
| courts consisting of more than one judge, courts of common pleas | 35092 |
| consisting of more than one judge, or municipal courts consisting | 35093 |
| of more than one judge, or by a division of any court if the | 35094 |
| division consists of more than one judge. This division shall | 35095 |
| apply to the specified entity only if the members of the entity | 35096 |
| act collectively in the award of a contract for goods or services. | 35097 |
| (2) Divisions (I) and (J) of this section do not apply to | 35098 |
| actions of the controlling board. | 35099 |
| (N)(1) Divisions (I) and (J) of this section apply to | 35100 |
| contributions made to the holder of a public office having | 35101 |
| ultimate responsibility for the award of a contract, or to the | 35102 |
| public officer's campaign committee, during the time the person | 35103 |
| holds the office and during any time such person was a candidate | 35104 |
| for the office. Those divisions do not apply to contributions made | 35105 |
| to, or to the campaign committee of, a candidate for or holder of | 35106 |
| the office other than the holder of the office at the time of the | 35107 |
| award of the contract. | 35108 |
| (2) Divisions (I) and (J) of this section do not apply to | 35109 |
| contributions of a partner, shareholder, administrator, executor, | 35110 |
| trustee, or owner of more than twenty per cent of a corporation or | 35111 |
| business trust made before the person held any of those positions | 35112 |
| or after the person ceased to hold any of those positions in the | 35113 |
| partnership, association, estate, trust, corporation, or business | 35114 |
| trust whose eligibility to be awarded a contract is being | 35115 |
| determined, nor to contributions of the person's spouse made | 35116 |
| before the person held any of those positions, after the person | 35117 |
| ceased to hold any of those positions, before the two were | 35118 |
| married, after the granting of a decree of divorce, dissolution of | 35119 |
| marriage, or annulment, or after the granting of an order in an | 35120 |
| action brought solely for legal separation. Those divisions do not | 35121 |
| apply to contributions of the spouse of an individual whose | 35122 |
| eligibility to be awarded a contract is being determined made | 35123 |
| before the two were married, after the granting of a decree of | 35124 |
| divorce, dissolution of marriage, or annulment, or after the | 35125 |
| granting of an order in an action brought solely for legal | 35126 |
| separation. | 35127 |
| (O) No beneficiary of a campaign fund or other person shall | 35128 |
| convert for personal use, and no person shall knowingly give to a | 35129 |
| beneficiary of a campaign fund or any other person, for the | 35130 |
| beneficiary's or any other person's personal use, anything of | 35131 |
| value from the beneficiary's campaign fund, including, without | 35132 |
| limitation, payments to a beneficiary for services the beneficiary | 35133 |
| personally performs, except as reimbursement for any of the | 35134 |
| following: | 35135 |
| (1) Legitimate and verifiable prior campaign expenses | 35136 |
| incurred by the beneficiary; | 35137 |
| (2) Legitimate and verifiable ordinary and necessary prior | 35138 |
| expenses incurred by the beneficiary in connection with duties as | 35139 |
| the holder of a public office, including, without limitation, | 35140 |
| expenses incurred through participation in nonpartisan or | 35141 |
| bipartisan events if the participation of the holder of a public | 35142 |
| office would normally be expected; | 35143 |
| (3) Legitimate and verifiable ordinary and necessary prior | 35144 |
| expenses incurred by the beneficiary while doing any of the | 35145 |
| following: | 35146 |
| (a) Engaging in activities in support of or opposition to a | 35147 |
| candidate other than the beneficiary, political party, or ballot | 35148 |
| issue; | 35149 |
| (b) Raising funds for a political party, political action | 35150 |
| committee, political contributing entity, legislative campaign | 35151 |
| fund, campaign committee, or other candidate; | 35152 |
| (c) Participating in the activities of a political party, | 35153 |
| political action committee, political contributing entity, | 35154 |
| legislative campaign fund, or campaign committee; | 35155 |
| (d) Attending a political party convention or other political | 35156 |
| meeting. | 35157 |
| For purposes of this division, an expense is incurred | 35158 |
| whenever a beneficiary has either made payment or is obligated to | 35159 |
| make payment, as by the use of a credit card or other credit | 35160 |
| procedure or by the use of goods or services received on account. | 35161 |
| (P) No beneficiary of a campaign fund shall knowingly accept, | 35162 |
| and no person shall knowingly give to the beneficiary of a | 35163 |
| campaign fund, reimbursement for an expense under division (O) of | 35164 |
| this section to the extent that the expense previously was | 35165 |
| reimbursed or paid from another source of funds. If an expense is | 35166 |
| reimbursed under division (O) of this section and is later paid or | 35167 |
| reimbursed, wholly or in part, from another source of funds, the | 35168 |
| beneficiary shall repay the reimbursement received under division | 35169 |
| (O) of this section to the extent of the payment made or | 35170 |
| reimbursement received from the other source. | 35171 |
| (Q) No candidate or public official or employee shall accept | 35172 |
| for personal or business use anything of value from a political | 35173 |
| party, political action committee, political contributing entity, | 35174 |
| legislative campaign fund, or campaign committee other than the | 35175 |
| candidate's or public official's or employee's own campaign | 35176 |
| committee, and no person shall knowingly give to a candidate or | 35177 |
| public official or employee anything of value from a political | 35178 |
| party, political action committee, political contributing entity, | 35179 |
| legislative campaign fund, or such a campaign committee, except | 35180 |
| for the following: | 35181 |
| (1) Reimbursement for legitimate and verifiable ordinary and | 35182 |
| necessary prior expenses not otherwise prohibited by law incurred | 35183 |
| by the candidate or public official or employee while engaged in | 35184 |
| any legitimate activity of the political party, political action | 35185 |
| committee, political contributing entity, legislative campaign | 35186 |
| fund, or such campaign committee. Without limitation, reimbursable | 35187 |
| expenses under this division include those incurred while doing | 35188 |
| any of the following: | 35189 |
| (a) Engaging in activities in support of or opposition to | 35190 |
| another candidate, political party, or ballot issue; | 35191 |
| (b) Raising funds for a political party, legislative campaign | 35192 |
| fund, campaign committee, or another candidate; | 35193 |
| (c) Attending a political party convention or other political | 35194 |
| meeting. | 35195 |
| (2) Compensation not otherwise prohibited by law for actual | 35196 |
| and valuable personal services rendered under a written contract | 35197 |
| to the political party, political action committee, political | 35198 |
| contributing entity, legislative campaign fund, or such campaign | 35199 |
| committee for any legitimate activity of the political party, | 35200 |
| political action committee, political contributing entity, | 35201 |
| legislative campaign fund, or such campaign committee. | 35202 |
| Reimbursable expenses under this division do not include, and | 35203 |
| it is a violation of this division for a candidate or public | 35204 |
| official or employee to accept, or for any person to knowingly | 35205 |
| give to a candidate or public official or employee from a | 35206 |
| political party, political action committee, political | 35207 |
| contributing entity, legislative campaign fund, or campaign | 35208 |
| committee other than the candidate's or public official's or | 35209 |
| employee's own campaign committee, anything of value for | 35210 |
| activities primarily related to the candidate's or public | 35211 |
| official's or employee's own campaign for election, except for | 35212 |
| contributions to the candidate's or public official's or | 35213 |
| employee's campaign committee. | 35214 |
| For purposes of this division, an expense is incurred | 35215 |
| whenever a candidate or public official or employee has either | 35216 |
| made payment or is obligated to make payment, as by the use of a | 35217 |
| credit card or other credit procedure, or by the use of goods or | 35218 |
| services on account. | 35219 |
| (R)(1) Division (O) or (P) of this section does not prohibit | 35220 |
| a campaign committee from making direct advance or post payment | 35221 |
| from contributions to vendors for goods and services for which | 35222 |
| reimbursement is permitted under division (O) of this section, | 35223 |
| except that no campaign committee shall pay its candidate or other | 35224 |
| beneficiary for services personally performed by the candidate or | 35225 |
| other beneficiary. | 35226 |
| (2) If any expense that may be reimbursed under division (O), | 35227 |
| (P), or (Q) of this section is part of other expenses that may not | 35228 |
| be paid or reimbursed, the separation of the two types of expenses | 35229 |
| for the purpose of allocating for payment or reimbursement those | 35230 |
| expenses that may be paid or reimbursed may be by any reasonable | 35231 |
| accounting method, considering all of the surrounding | 35232 |
| circumstances. | 35233 |
| (3) For purposes of divisions (O), (P), and (Q) of this | 35234 |
| section, mileage allowance at a rate not greater than that allowed | 35235 |
| by the internal revenue service at the time the travel occurs may | 35236 |
| be paid instead of reimbursement for actual travel expenses | 35237 |
| allowable. | 35238 |
| (S)(1) As used in division (S) of this section: | 35239 |
| (a) "State elective office" has the same meaning as in | 35240 |
| section 3517.092 of the Revised Code. | 35241 |
| (b) "Federal office" means a federal office as defined in the | 35242 |
| Federal Election Campaign Act. | 35243 |
| (c) "Federal campaign committee" means a principal campaign | 35244 |
| committee or authorized committee as defined in the Federal | 35245 |
| Election Campaign Act. | 35246 |
| (2) No person who is a candidate for state elective office | 35247 |
| and who previously sought nomination or election to a federal | 35248 |
| office shall transfer any funds or assets from that person's | 35249 |
| federal campaign committee for nomination or election to the | 35250 |
| federal office to that person's campaign committee as a candidate | 35251 |
| for state elective office. | 35252 |
| (3) No campaign committee of a person who is a candidate for | 35253 |
| state elective office and who previously sought nomination or | 35254 |
| election to a federal office shall accept any funds or assets from | 35255 |
| that person's federal campaign committee for that person's | 35256 |
| nomination or election to the federal office. | 35257 |
| (T)(1) Except as otherwise provided in division (B)(6)(c) of | 35258 |
| section 3517.102 of the Revised Code, a state or county political | 35259 |
| party shall not disburse moneys from any account other than a | 35260 |
| state candidate fund to make contributions to any of the | 35261 |
| following: | 35262 |
| (a) A state candidate fund; | 35263 |
| (b) A legislative campaign fund; | 35264 |
| (c) A campaign committee of a candidate for the office of | 35265 |
| governor, lieutenant governor, secretary of state, auditor of | 35266 |
| state, treasurer of state, attorney general, member of the state | 35267 |
| board of education, or member of the general assembly. | 35268 |
| (2) No state candidate fund, legislative campaign fund, or | 35269 |
| campaign committee of a candidate for any office described in | 35270 |
| division (T)(1)(c) of this section shall knowingly accept a | 35271 |
| contribution in violation of division (T)(1) of this section. | 35272 |
| (U) No person shall fail to file the statement required under | 35273 |
| section 3517.12 of the Revised Code. | 35274 |
| (V) No campaign committee shall fail to file a statement | 35275 |
| required under division (K)(3) of section 3517.10 of the Revised | 35276 |
| Code. | 35277 |
| (W)(1) No foreign national shall, directly or indirectly | 35278 |
| through any other person or entity, make a contribution, | 35279 |
| expenditure, or independent expenditure or promise, either | 35280 |
| expressly or implicitly, to make a contribution, expenditure, or | 35281 |
| independent expenditure in support of or opposition to a candidate | 35282 |
| for any elective office in this state, including an office of a | 35283 |
| political party. | 35284 |
| (2) No candidate, campaign committee, political action | 35285 |
| committee, political contributing entity, legislative campaign | 35286 |
| fund, state candidate fund, political party, or separate | 35287 |
| segregated fund shall solicit or accept a contribution, | 35288 |
| expenditure, or independent expenditure from a foreign national. | 35289 |
| The secretary of state may direct any candidate, committee, | 35290 |
| entity, fund, or party that accepts a contribution, expenditure, | 35291 |
| or independent expenditure in violation of this division to return | 35292 |
| the contribution, expenditure, or independent expenditure or, if | 35293 |
| it is not possible to return the contribution, expenditure, or | 35294 |
| independent expenditure, then to return instead the value of it, | 35295 |
| to the contributor. | 35296 |
| (3) As used in division (W) of this section, "foreign | 35297 |
| national" has the same meaning as in section 441e(b) of the | 35298 |
| Federal Election Campaign Act. | 35299 |
| (X)(1) No state or county political party shall transfer any | 35300 |
| moneys from its restricted fund to any account of the political | 35301 |
| party into which contributions may be made or from which | 35302 |
| contributions or expenditures may be made. | 35303 |
| (2)(a) No state or county political party shall deposit a | 35304 |
| contribution or contributions that it receives into its restricted | 35305 |
| fund. | 35306 |
| (b) No state or county political party shall make a | 35307 |
| contribution or an expenditure from its restricted fund. | 35308 |
| (3)(a) No corporation or labor organization shall make a gift | 35309 |
| or gifts from the corporation's or labor organization's money or | 35310 |
| property aggregating more than ten thousand dollars to any one | 35311 |
| state or county political party for the party's restricted fund in | 35312 |
| a calendar year. | 35313 |
| (b) No state or county political party shall accept a gift or | 35314 |
| gifts for the party's restricted fund aggregating more than ten | 35315 |
| thousand dollars from any one corporation or labor organization in | 35316 |
| a calendar year. | 35317 |
| (4) No state or county political party shall transfer any | 35318 |
| moneys in the party's restricted fund to any other state or county | 35319 |
| political party. | 35320 |
| (5) No state or county political party shall knowingly fail | 35321 |
| to file a statement required under section 3517.1012 of the | 35322 |
| Revised Code. | 35323 |
| (Y) The administrator of workers' compensation and the | 35324 |
| employees of the bureau of workers' compensation shall not conduct | 35325 |
| any business with or award any contract, other than one awarded by | 35326 |
| competitive bidding, for the purchase of goods costing more than | 35327 |
| five hundred dollars or services costing more than five hundred | 35328 |
| dollars to any individual, partnership, association, including, | 35329 |
| without limitation, a professional association organized under | 35330 |
| Chapter 1785. of the Revised Code, estate, or trust, if the | 35331 |
| individual has made, or the individual's spouse has made, or any | 35332 |
| partner, shareholder, administrator, executor, or trustee, or the | 35333 |
| spouses of any of those individuals has made, as an individual, | 35334 |
| within the two previous calendar years, one or more contributions | 35335 |
| totaling in excess of one thousand dollars to the campaign | 35336 |
| committee of the governor or lieutenant governor or to the | 35337 |
| campaign committee of any candidate for the office of governor or | 35338 |
| lieutenant governor. | 35339 |
| (Z) The administrator of workers' compensation and the | 35340 |
| employees of the bureau of workers' compensation shall not conduct | 35341 |
| business with or award any contract, other than one awarded by | 35342 |
| competitive bidding, for the purchase of goods costing more than | 35343 |
| five hundred dollars or services costing more than five hundred | 35344 |
| dollars to a corporation or business trust, except a professional | 35345 |
| association organized under Chapter 1785. of the Revised Code, if | 35346 |
| an owner of more than twenty per cent of the corporation or | 35347 |
| business trust, or the spouse of the owner, has made, as an | 35348 |
| individual, within the two previous calendar years, taking into | 35349 |
| consideration only owners for all of such period, one or more | 35350 |
| contributions totaling in excess of one thousand dollars to the | 35351 |
| campaign committee of the governor or lieutenant governor or to | 35352 |
| the campaign committee of any candidate for the office of governor | 35353 |
| or lieutenant governor. | 35354 |
| Sec. 3517.151. (A) On and after January 1, 1996, complaints | 35355 |
| with respect to acts or failures to act under the sections listed | 35356 |
| in division (A) of section 3517.153 of the Revised Code shall be | 35357 |
| filed with the Ohio elections commission created under section | 35358 |
| 3517.152 of the Revised Code. | 35359 |
| (B)(1) If a complaint filed with the Ohio elections | 35360 |
| commission created under section 3517.152 of the Revised Code | 35361 |
| alleges an act or failure to act that occurred before August 24, | 35362 |
| 1995, and the commission imposes a fine, sections 3517.99 and | 35363 |
| 3517.991 of the Revised Code, and not sections 3517.992 and | 35364 |
| 3517.993 of the Revised Code, shall apply. | 35365 |
| (2) If a complaint filed with the Ohio elections commission | 35366 |
| created under section 3517.152 of the Revised Code alleges an act | 35367 |
| or failure to act that is a violation of section 3517.13 of the | 35368 |
| Revised Code, former divisions (A) to (R) of that section apply to | 35369 |
| the act or failure to act if it occurred before August 24, 1995, | 35370 |
| former divisions (A) to (U) of that section apply to the act or | 35371 |
| failure to act if it occurs on or after August 24, 1995, but | 35372 |
| before July 13, 1998, former divisions (A) to (V) of that section | 35373 |
| apply to the act or failure to act if it occurs on or after July | 35374 |
| 13, 1998, but before December 22, 1999, former divisions (A) to | 35375 |
| (W) of that section apply to the act or failure to act if it | 35376 |
| occurs on or
after
December 22, 1999, but before | 35377 |
| 35378 | |
| (X) of that section apply to the act or failure to act if it | 35379 |
| occurs on or after | 35380 |
| 2005, and divisions (A) to (Z) of that section apply to the act or | 35381 |
| failure to act if it occurs on or after the effective date of this | 35382 |
| amendment. | 35383 |
| (C) The Ohio elections commission created under section | 35384 |
| 3517.14 of the Revised Code is abolished at the close of business | 35385 |
| on December 31, 1995. | 35386 |
| Sec. 3701.023. (A) The department of health shall review | 35387 |
| applications for eligibility for the program for medically | 35388 |
| handicapped children that are submitted to the department by city | 35389 |
| and general health districts and physician providers approved in | 35390 |
| accordance with division (C) of this section. The department shall | 35391 |
| determine whether the applicants meet the medical and financial | 35392 |
| eligibility requirements established by the public health council | 35393 |
| pursuant to division (A)(1) of section 3701.021 of the Revised | 35394 |
| Code, and by the department in the manual of operational | 35395 |
| procedures and guidelines for the program for medically | 35396 |
| handicapped children developed pursuant to division (B) of that | 35397 |
| section. Referrals of potentially eligible children for the | 35398 |
| program may be submitted to the department on behalf of the child | 35399 |
| by parents, guardians, public health nurses, or any other | 35400 |
| interested person. The department of health may designate other | 35401 |
| agencies to refer applicants to the department of health. | 35402 |
| (B) In accordance with the procedures established in rules | 35403 |
| adopted under division (A)(4) of section 3701.021 of the Revised | 35404 |
| Code, the department of health shall authorize a provider or | 35405 |
| providers to provide to any Ohio resident under twenty-one years | 35406 |
| of age, without charge to the resident or the resident's family | 35407 |
| and without restriction as to the economic status of the resident | 35408 |
| or the resident's family, diagnostic services necessary to | 35409 |
|
determine whether the resident | 35410 |
| handicapping or potentially medically handicapping condition. | 35411 |
| (C) The department of health shall review the applications of | 35412 |
| health professionals, hospitals, medical equipment suppliers, and | 35413 |
| other individuals, groups, or agencies that apply to become | 35414 |
| providers. The department shall enter into a written agreement | 35415 |
| with each applicant who is determined, pursuant to the | 35416 |
| requirements set forth in rules adopted under division (A)(2) of | 35417 |
| section 3701.021 of the Revised Code, to be eligible to be a | 35418 |
| provider in accordance with the provider agreement required by the | 35419 |
| medical assistance program established under section 5111.01 of | 35420 |
| the Revised Code. No provider shall charge a medically handicapped | 35421 |
| child or the child's parent or guardian for services authorized by | 35422 |
| the department under division (B) or (D) of this section. | 35423 |
| The department, in accordance with rules adopted under | 35424 |
| division (A)(3) of section 3701.021 of the Revised Code, may | 35425 |
| disqualify any provider from further participation in the program | 35426 |
| for violating any requirement set forth in rules adopted under | 35427 |
| division (A)(2) of that section. The disqualification shall not | 35428 |
| take effect until a written notice, specifying the requirement | 35429 |
| violated and describing the nature of the violation, has been | 35430 |
| delivered to the provider and the department has afforded the | 35431 |
| provider an opportunity to appeal the disqualification under | 35432 |
| division (H) of this section. | 35433 |
| (D) The department of health shall evaluate applications from | 35434 |
| city and general health districts and approved physician providers | 35435 |
| for authorization to provide treatment services, service | 35436 |
| coordination, and related goods to children determined to be | 35437 |
| eligible for the program for medically handicapped children | 35438 |
| pursuant to division (A) of this section. The department shall | 35439 |
| authorize necessary treatment services, service coordination, and | 35440 |
| related goods for each eligible child in accordance with an | 35441 |
| individual plan of treatment for the child. As an alternative, the | 35442 |
| department may authorize payment of health insurance premiums on | 35443 |
| behalf of eligible children when the department determines, in | 35444 |
| accordance with criteria set forth in rules adopted under division | 35445 |
| (A)(9) of section 3701.021 of the Revised Code, that payment of | 35446 |
| the premiums is cost-effective. | 35447 |
| (E) The department of health shall pay, from appropriations | 35448 |
| to the department, any necessary expenses, including but not | 35449 |
| limited to, expenses for diagnosis, treatment, service | 35450 |
| coordination, supportive services, transportation, and accessories | 35451 |
| and their upkeep, provided to medically handicapped children, | 35452 |
| provided that the provision of the goods or services is authorized | 35453 |
| by the department under division (B) or (D) of this section. Money | 35454 |
| appropriated to the department of health may also be expended for | 35455 |
| reasonable administrative costs incurred by the program. The | 35456 |
| department of health also may purchase liability insurance | 35457 |
| covering the provision of services under the program for medically | 35458 |
| handicapped children by physicians and other health care | 35459 |
| professionals. | 35460 |
| Payments made to providers by the department of health | 35461 |
| pursuant to this division for inpatient hospital care, outpatient | 35462 |
| care, and all
other medical assistance furnished | 35463 |
| eligible
recipients | 35464 |
| 35465 | |
| 35466 | |
| 35467 | |
| 35468 | |
| 35469 | |
| 35470 | |
| 35471 | |
| made in accordance with rules adopted by the public health council | 35472 |
| pursuant to division (A) of section 3701.021 of the Revised Code. | 35473 |
| The departments of health and job and family services shall | 35474 |
| jointly implement procedures to ensure that duplicate payments are | 35475 |
| not made under the program for medically handicapped children and | 35476 |
| the medical assistance program established under section 5111.01 | 35477 |
| of the Revised Code and to identify and recover duplicate | 35478 |
| payments. | 35479 |
| (F) | 35480 |
| program for medically handicapped children, a medically | 35481 |
| handicapped child or the child's parent or guardian shall disclose | 35482 |
| the identity of any third party against whom the child or the | 35483 |
| child's parent or guardian has or may have a right of recovery for | 35484 |
| goods and services provided under division (B) or (D) of this | 35485 |
|
section.
| 35486 |
| 35487 | |
| child who receives services from the program or the child's parent | 35488 |
| or guardian to apply for all third-party benefits for which the | 35489 |
| child may be eligible and require the child, parent, or guardian | 35490 |
| to apply all third-party benefits received to the amount | 35491 |
| determined under division (E) of this section as the amount | 35492 |
| payable for goods and services authorized under division (B) or | 35493 |
| (D) of this section. The department is the payer of last resort | 35494 |
| and shall pay for authorized goods or services, up to the amount | 35495 |
| determined under division (E) of this section for the authorized | 35496 |
| goods or services, only to the extent that payment for the | 35497 |
| authorized goods or services is not made through third-party | 35498 |
| benefits. When a third party fails to act on an application or | 35499 |
| claim for benefits by a medically handicapped child or the child's | 35500 |
| parent or guardian, the department shall pay for the goods or | 35501 |
| services only after ninety days have elapsed since the date the | 35502 |
| child, parents, or guardians made an application or claim for all | 35503 |
|
third-party
benefits | 35504 |
| 35505 | |
| the amount determined under division (E) of this section. | 35506 |
| Third-party payments for goods and services not authorized under | 35507 |
| division (B) or (D) of this section shall not be applied to | 35508 |
| payment amounts determined under division (E) of this section. | 35509 |
| Payment made by the department shall be considered payment in full | 35510 |
| of the amount determined under division (E) of this section. | 35511 |
| Medicaid payments for persons eligible for the medical assistance | 35512 |
| program established under section 5111.01 of the Revised Code | 35513 |
| shall be considered payment in full of the amount determined under | 35514 |
| division (E) of this section. | 35515 |
| | 35516 |
| 35517 | |
| 35518 | |
| 35519 | |
| 35520 | |
| 35521 | |
| 35522 | |
| 35523 |
| (G) The department of health shall administer a program to | 35524 |
| provide services to Ohio residents who are twenty-one or more | 35525 |
|
years of age who | 35526 |
| meet the eligibility requirements established by the rules of the | 35527 |
| public health council pursuant to division (A)(7) of section | 35528 |
| 3701.021 of the Revised Code, subject to all provisions of this | 35529 |
| section, but not subject to section 3701.024 of the Revised Code. | 35530 |
| (H) The department of health shall provide for appeals, in | 35531 |
| accordance with rules adopted under section 3701.021 of the | 35532 |
| Revised Code, of denials of applications for the program for | 35533 |
| medically handicapped children under division (A) or (D) of this | 35534 |
| section, disqualification of providers, or amounts paid under | 35535 |
| division (E) of this section. Appeals under this division are not | 35536 |
| subject to Chapter 119. of the Revised Code. | 35537 |
| The department may designate ombudspersons to assist | 35538 |
| medically handicapped children or their parents or guardians, upon | 35539 |
| the request of the children, parents, or guardians, in filing | 35540 |
| appeals under this division and to serve as children's, parents', | 35541 |
| or guardians' advocates in matters pertaining to the | 35542 |
| administration of the program for medically handicapped children | 35543 |
| and eligibility for program services. The ombudspersons shall | 35544 |
| receive no compensation but shall be reimbursed by the department, | 35545 |
| in accordance with rules of the office of budget and management, | 35546 |
| for their actual and necessary travel expenses incurred in the | 35547 |
| performance of their duties. | 35548 |
| (I) The department of health, and city and general health | 35549 |
| districts providing service coordination pursuant to division | 35550 |
| (A)(2) of section 3701.024 of the Revised Code, shall provide | 35551 |
| service coordination in accordance with the standards set forth in | 35552 |
| the rules adopted under section 3701.021 of the Revised Code, | 35553 |
| without charge, and without restriction as to economic status. | 35554 |
| Sec. 3701.073. (A) The department of health is hereby | 35555 |
| designated as the state agency responsible for administering the | 35556 |
| medicare rural hospital flexibility program, as established in 42 | 35557 |
| U.S.C. 1395i-4, as amended. | 35558 |
| (B) The director of health shall designate as a critical | 35559 |
| access hospital a hospital registered as an acute care hospital | 35560 |
| with the department under section 3701.07 of the Revised Code if | 35561 |
| the hospital meets the following requirements: | 35562 |
| (1) Has not more than twenty-five acute care and swing beds | 35563 |
| in use at any time for the furnishing of extended care or acute | 35564 |
| care inpatient services; | 35565 |
| (2) Has a length of stay not more than ninety-six hours per | 35566 |
| patient, on an annual average basis; | 35567 |
| (3) Provides inpatient, outpatient, emergency, laboratory, | 35568 |
| radiology, and twenty-four hour emergency care services; | 35569 |
| (4) Has network agreements in place for patient referral and | 35570 |
| transfer, a communication system for telemetry systems, electronic | 35571 |
| sharing of patient data, provision for emergency and non-emergency | 35572 |
| transportation, and assures credentialing and quality assurance; | 35573 |
| (5) Was certified as a critical access hospital by the | 35574 |
| centers for medicare and medicaid services between January 1, | 35575 |
| 2001, and December 31, 2005, or is located in a rural area as | 35576 |
| identified below: | 35577 |
| (a) An area within an Ohio metropolitan area designated as a | 35578 |
| rural area by the United States department of health and human | 35579 |
| services, office of rural health policy, in accordance with 42 | 35580 |
| C.F.R. 412.103 regarding rural urban commuting area codes four | 35581 |
| through ten in effect on the effective date of this section; | 35582 |
| (b) A non-metropolitan county as designated in United States | 35583 |
| office of management and budget bulletin no. 93-17, June 30, 1993, | 35584 |
| and its attachments; | 35585 |
| (c) A rural zip code within a metropolitan county as | 35586 |
| designated in United States office of management and budget | 35587 |
| bulletin no. 93-17, June 30, 1993, and its attachments. | 35588 |
| Sec. 3701.146. (A) In taking actions regarding tuberculosis, | 35589 |
| the director of health has all of the following duties and powers: | 35590 |
| (1) | 35591 |
| 35592 | |
| 35593 |
| | 35594 |
| clinics, physicians, or other care providers to whom the director | 35595 |
| shall refer persons who make inquiries to the department of health | 35596 |
| regarding possible exposure to tuberculosis. | 35597 |
| | 35598 |
| activities, including the collection and analysis of | 35599 |
| epidemiological information relative to the frequency of | 35600 |
| tuberculosis infection, demographic and geographic distribution of | 35601 |
| tuberculosis cases, and trends pertaining to tuberculosis. | 35602 |
| | 35603 |
| record the incidence of tuberculosis in this state. | 35604 |
| | 35605 |
| tuberculosis consultants for geographic regions of the state | 35606 |
| specified by the director. Each tuberculosis consultant shall act | 35607 |
| in accordance with rules the director establishes and shall be | 35608 |
| responsible for advising and assisting physicians and other health | 35609 |
| care practitioners who participate in tuberculosis control | 35610 |
| activities and for reviewing medical records pertaining to the | 35611 |
| treatment provided to individuals with tuberculosis. | 35612 |
| (B)(1) The public health council shall adopt rules | 35613 |
| establishing standards for the following: | 35614 |
| (a) Performing tuberculosis screenings; | 35615 |
| (b) Performing examinations of individuals who have been | 35616 |
| exposed to tuberculosis and individuals who are suspected of | 35617 |
| having tuberculosis; | 35618 |
| (c) Providing treatment to individuals with tuberculosis; | 35619 |
| (d) Preventing individuals with communicable tuberculosis | 35620 |
| from infecting other individuals; | 35621 |
| (e) Performing laboratory tests for tuberculosis and studies | 35622 |
| of the resistance of tuberculosis to one or more drugs; | 35623 |
| (f) Selecting laboratories that provide in a timely fashion | 35624 |
| the results of a laboratory test for tuberculosis. The standards | 35625 |
| shall include a requirement that first consideration be given to | 35626 |
| laboratories located in this state. | 35627 |
| (2) Rules adopted pursuant to this section shall be adopted | 35628 |
| in accordance with Chapter 119. of the Revised Code and may be | 35629 |
| consistent with any recommendations or guidelines on tuberculosis | 35630 |
| issued by the United States centers for disease control and | 35631 |
| prevention or by the American thoracic society. The rules shall | 35632 |
| apply to county or district tuberculosis control units, physicians | 35633 |
| who examine and treat individuals for tuberculosis, and | 35634 |
| laboratories that perform tests for tuberculosis. | 35635 |
| Sec. 3701.65. (A) There is hereby created in the state | 35636 |
| treasury the "choose life" fund. The fund shall consist of the | 35637 |
| contributions that are paid to the registrar of motor vehicles by | 35638 |
| applicants who voluntarily elect to obtain "choose life" license | 35639 |
| plates pursuant to section 4503.91 of the Revised Code and any | 35640 |
| money returned to the fund under division (E)(1)(d) of this | 35641 |
| section. All investment earnings of the fund shall be credited to | 35642 |
| the fund. | 35643 |
| (B)(1) At least annually, the director of health shall | 35644 |
| distribute the money in the fund to any private, nonprofit | 35645 |
| organization that is eligible to receive funds under this section | 35646 |
| and that applies for funding under division (C) of this section. | 35647 |
| (2) The director shall distribute the funds based on the | 35648 |
| county in which the organization applying for funding is located | 35649 |
| and in proportion to the number of "choose life" license plates | 35650 |
| issued during the preceding year to vehicles registered in each | 35651 |
| county. Within each county, eligible organizations that apply for | 35652 |
| funding shall share equally in the funds available for | 35653 |
| distribution to organizations located within that county. | 35654 |
| (C) Any organization seeking funds under this section | 35655 |
| annually shall apply for distribution of the funds. The director | 35656 |
| shall develop an application form and may determine the schedule | 35657 |
| and procedures that an organization shall follow when annually | 35658 |
| applying for funds. The application shall inform the applicant of | 35659 |
| the conditions for receiving and using funds under division (E) of | 35660 |
| this section. The application shall require evidence that the | 35661 |
| organization meets all of the following requirements: | 35662 |
| (1) Is a private, nonprofit organization; | 35663 |
| (2) Is committed to counseling pregnant women about the | 35664 |
| option of adoption; | 35665 |
| (3) Provides services within the state to pregnant women who | 35666 |
| are planning to place their children for adoption, including | 35667 |
| counseling and meeting the material needs of the women; | 35668 |
| (4) Does not charge women for any services received; | 35669 |
| (5) Is not involved or associated with any abortion | 35670 |
| activities, including counseling for or referrals to abortion | 35671 |
| clinics, providing medical abortion-related procedures, or | 35672 |
| pro-abortion advertising; | 35673 |
| (6) Does not discriminate in its provision of any services on | 35674 |
| the basis of race, religion, color, age, marital status, national | 35675 |
| origin, handicap, gender, or age. | 35676 |
| (D) The director shall not distribute funds to an | 35677 |
| organization that does not provide verifiable evidence of the | 35678 |
| requirements specified in the application under division (C) of | 35679 |
| this section and shall not provide additional funds to any | 35680 |
| organization that fails to comply with division (E) of this | 35681 |
| section in regard to its previous receipt of funds under this | 35682 |
| section. | 35683 |
| (E)(1) An organization receiving funds under this section | 35684 |
| shall do all of the following: | 35685 |
| (a) Use not more than sixty per cent of the funds distributed | 35686 |
| to it for the material needs of pregnant women who are planning to | 35687 |
| place their children for adoption or for infants awaiting | 35688 |
| placement with adoptive parents, including clothing, housing, | 35689 |
| medical care, food, utilities, and transportation; | 35690 |
| (b) Use not more than forty per cent of the funds distributed | 35691 |
| to it for counseling, training, or advertising; | 35692 |
| (c) Not use any of the funds distributed to it for | 35693 |
| administrative expenses, legal expenses, or capital expenditures; | 35694 |
| (d) Annually return to the fund created under division (A) of | 35695 |
| this section any unused money that exceeds ten per cent of the | 35696 |
| money distributed to the organization. | 35697 |
| (2) The organization annually shall submit to the director an | 35698 |
| audited financial statement verifying its compliance with division | 35699 |
| (E)(1) of this section. | 35700 |
| (F) The director, in accordance with Chapter 119. of the | 35701 |
| Revised Code, shall adopt rules to implement this section. | 35702 |
| It is not the intent of the general assembly that the | 35703 |
| department create a new position within the department to | 35704 |
| implement and administer this section. It is the intent of the | 35705 |
| general assembly that the implementation and administration of | 35706 |
| this section be accomplished by existing department personnel. | 35707 |
| Sec. 3702.141. (A) As
used in this section | 35708 |
| (1) " | 35709 |
| health care facility that is licensed or otherwise approved to | 35710 |
| practice in this state, in accordance with applicable law, is | 35711 |
| staffed and equipped to provide health care services, and actively | 35712 |
| provides health services or has not been actively providing health | 35713 |
| services for less than twelve consecutive months. | 35714 |
| (2) "Health care facility" and "health service" have the same | 35715 |
| 35716 |
| (B) Section 3702.14 of the Revised Code shall not be | 35717 |
| construed to require any existing health care facility that is | 35718 |
| conducting an activity specified in section 3702.11 of the Revised | 35719 |
| Code, which activity was initiated on or before March 20, 1997, to | 35720 |
| alter, upgrade, or otherwise improve the structure or fixtures of | 35721 |
| the facility in order to comply with any rule adopted under | 35722 |
| section 3702.11 of the Revised Code relating to that activity, | 35723 |
| unless one of the following applies: | 35724 |
| (1) The facility initiates a construction, renovation, or | 35725 |
| reconstruction project that involves a capital expenditure of at | 35726 |
| least fifty thousand dollars, not including expenditures for | 35727 |
| equipment or staffing or operational costs, and that directly | 35728 |
| involves the area in which the existing service is conducted. | 35729 |
| (2) The facility initiates another activity specified in | 35730 |
| section 3702.11 of the Revised Code. | 35731 |
| (3) The facility initiates a service level designation change | 35732 |
| for obstetric and newborn care. | 35733 |
| (4) The facility proposes to add a cardiac catheterization | 35734 |
| laboratory to an existing cardiac catheterization service. | 35735 |
| (5) The facility proposes to add an open-heart operating room | 35736 |
| to an existing open-heart surgery service. | 35737 |
| (6) The director of health determines, by clear and | 35738 |
| convincing evidence, that failure to comply with the rule would | 35739 |
| create an imminent risk to the health and welfare of any patient. | 35740 |
| (C) If division (B)(4) or (5) of this section applies, any | 35741 |
| alteration, upgrade, or other improvement required shall apply | 35742 |
| only to the proposed addition to the existing service if the cost | 35743 |
| of the addition is less than the capital expenditure threshold set | 35744 |
| forth in division (B)(1) of this section. | 35745 |
| (D) No person or government entity shall divide or otherwise | 35746 |
| segment a construction, renovation, or reconstruction project in | 35747 |
| order to evade application of the capital expenditure threshold | 35748 |
| set forth in division (B)(1) of this section. | 35749 |
| Sec. 3702.51. As used in sections 3702.51 to 3702.62 of the | 35750 |
| Revised Code: | 35751 |
| (A) "Applicant" means any person that submits an application | 35752 |
| for a certificate of need and who is designated in the application | 35753 |
| as the applicant. | 35754 |
| (B) "Person" means any individual, corporation, business | 35755 |
| trust, estate, firm, partnership, association, joint stock | 35756 |
| company, insurance company, government unit, or other entity. | 35757 |
| (C) "Certificate of need" means a written approval granted by | 35758 |
| the director of health to an applicant to authorize conducting a | 35759 |
| reviewable activity. | 35760 |
| (D) "Health service area" means a geographic region | 35761 |
| designated by the director of health under section 3702.58 of the | 35762 |
| Revised Code. | 35763 |
| (E) "Health service" means a clinically related service, such | 35764 |
| as a diagnostic, treatment, rehabilitative, or preventive service. | 35765 |
| (F) "Health service agency" means an agency designated to | 35766 |
| serve a health service area in accordance with section 3702.58 of | 35767 |
| the Revised Code. | 35768 |
| (G) "Health care facility" means: | 35769 |
| (1) A hospital registered under section 3701.07 of the | 35770 |
| Revised Code; | 35771 |
| (2) A nursing home licensed under section 3721.02 of the | 35772 |
| Revised Code, or by a political subdivision certified under | 35773 |
| section 3721.09 of the Revised Code; | 35774 |
| (3) A county home or a county nursing home as defined in | 35775 |
| section 5155.31 of the Revised Code that is certified under Title | 35776 |
| XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 | 35777 |
| U.S.C.A. 301, as amended; | 35778 |
| (4) A freestanding dialysis center; | 35779 |
| (5) A freestanding inpatient rehabilitation facility; | 35780 |
| (6) An ambulatory surgical facility; | 35781 |
| (7) A freestanding cardiac catheterization facility; | 35782 |
| (8) A freestanding birthing center; | 35783 |
| (9) A freestanding or mobile diagnostic imaging center; | 35784 |
| (10) A freestanding radiation therapy center. | 35785 |
| A health care facility does not include the offices of | 35786 |
| private physicians and dentists whether for individual or group | 35787 |
| practice, residential facilities licensed under section 5123.19 of | 35788 |
|
the Revised Code, | 35789 |
| 35790 | |
| 35791 | |
| the sick that is operated exclusively for patients who use | 35792 |
| spiritual means for healing and for whom the acceptance of medical | 35793 |
| care is inconsistent with their religious beliefs, accredited by a | 35794 |
| national accrediting organization, exempt from federal income | 35795 |
| taxation under section 501 of the Internal Revenue Code of 1986, | 35796 |
| 100 Stat. 2085, 26 U.S.C.A. 1, as amended, and providing | 35797 |
| twenty-four hour nursing care pursuant to the exemption in | 35798 |
| division (E) of section 4723.32 of the Revised Code from the | 35799 |
| licensing requirements of Chapter 4723. of the Revised Code. | 35800 |
| (H) "Medical equipment" means a single unit of medical | 35801 |
| equipment or a single system of components with related functions | 35802 |
| that is used to provide health services. | 35803 |
| (I) "Third-party payer" means a health insuring corporation | 35804 |
| licensed under Chapter 1751. of the Revised Code, a health | 35805 |
| maintenance organization as defined in division (K) of this | 35806 |
| section, an insurance company that issues sickness and accident | 35807 |
| insurance in conformity with Chapter 3923. of the Revised Code, a | 35808 |
| state-financed health insurance program under Chapter 3701., | 35809 |
| 4123., or 5111. of the Revised Code, or any self-insurance plan. | 35810 |
| (J) "Government unit" means the state and any county, | 35811 |
| municipal corporation, township, or other political subdivision of | 35812 |
| the state, or any department, division, board, or other agency of | 35813 |
| the state or a political subdivision. | 35814 |
| (K) "Health maintenance organization" means a public or | 35815 |
| private organization organized under the law of any state that is | 35816 |
| qualified under section 1310(d) of Title XIII of the "Public | 35817 |
| Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9. | 35818 |
| (L)
"Existing health care facility" means | 35819 |
| following: | 35820 |
| (1) A health care facility that is licensed or otherwise | 35821 |
| 35822 | |
| accordance with applicable law, is staffed and equipped to provide | 35823 |
| health care services, and is actively | 35824 |
| services | 35825 |
| 35826 |
| (2) A health care facility that is licensed or has beds | 35827 |
| registered under section 3701.07 of the Revised Code as skilled | 35828 |
| nursing beds or long-term care beds and has provided services for | 35829 |
| at least three hundred sixty-five consecutive days within the | 35830 |
| twenty-four months immediately preceding the date a certificate of | 35831 |
| need application is filed with the director of health. | 35832 |
| (M) "State" means the state of Ohio, including, but not | 35833 |
| limited to, the general assembly, the supreme court, the offices | 35834 |
| of all elected state officers, and all departments, boards, | 35835 |
| offices, commissions, agencies, institutions, and other | 35836 |
| instrumentalities of the state of Ohio. "State" does not include | 35837 |
| political subdivisions. | 35838 |
| (N) "Political subdivision" means a municipal corporation, | 35839 |
| township, county, school district, and all other bodies corporate | 35840 |
| and politic responsible for governmental activities only in | 35841 |
| geographic areas smaller than that of the state to which the | 35842 |
| sovereign immunity of the state attaches. | 35843 |
| (O) "Affected person" means: | 35844 |
| (1) An applicant for a certificate of need, including an | 35845 |
| applicant whose application was reviewed comparatively with the | 35846 |
| application in question; | 35847 |
| (2) The person that requested the reviewability ruling in | 35848 |
| question; | 35849 |
| (3) Any person that resides or regularly uses health care | 35850 |
| facilities within the geographic area served or to be served by | 35851 |
| the health care services that would be provided under the | 35852 |
| certificate of need or reviewability ruling in question; | 35853 |
| (4) Any health care facility that is located in the health | 35854 |
| service area where the health care services would be provided | 35855 |
| under the certificate of need or reviewability ruling in question; | 35856 |
| (5) Third-party payers that reimburse health care facilities | 35857 |
| for services in the health service area where the health care | 35858 |
| services would be provided under the certificate of need or | 35859 |
| reviewability ruling in question; | 35860 |
| (6) Any other person who testified at a public hearing held | 35861 |
| under division (B) of section 3702.52 of the Revised Code or | 35862 |
| submitted written comments in the course of review of the | 35863 |
| certificate of need application in question. | 35864 |
| (P) "Osteopathic hospital" means a hospital registered under | 35865 |
| section 3701.07 of the Revised Code that advocates osteopathic | 35866 |
| principles and the practice and perpetuation of osteopathic | 35867 |
| medicine by doing any of the following: | 35868 |
| (1) Maintaining a department or service of osteopathic | 35869 |
| medicine or a committee on the utilization of osteopathic | 35870 |
| principles and methods, under the supervision of an osteopathic | 35871 |
| physician; | 35872 |
| (2) Maintaining an active medical staff, the majority of | 35873 |
| which is comprised of osteopathic physicians; | 35874 |
| (3) Maintaining a medical staff executive committee that has | 35875 |
| osteopathic physicians as a majority of its members. | 35876 |
| (Q) "Ambulatory surgical facility" has the same meaning as in | 35877 |
| section 3702.30 of the Revised Code. | 35878 |
| (R) Except as otherwise provided in division (T) of this | 35879 |
| section, and until the termination date specified in section | 35880 |
| 3702.511 of the Revised Code, "reviewable activity" means any of | 35881 |
| the following: | 35882 |
| (1) The addition by any person of any of the following health | 35883 |
| services, regardless of the amount of operating costs or capital | 35884 |
| expenditures: | 35885 |
| (a) A heart, heart-lung, lung, liver, kidney, bowel, | 35886 |
| pancreas, or bone marrow transplantation service, a stem cell | 35887 |
| harvesting and reinfusion service, or a service for | 35888 |
| transplantation of any other organ unless transplantation of the | 35889 |
| organ is designated by public health council rule not to be a | 35890 |
| reviewable activity; | 35891 |
| (b) A cardiac catheterization service; | 35892 |
| (c) An open-heart surgery service; | 35893 |
| (d) Any new, experimental medical technology that is | 35894 |
| designated by rule of the public health council. | 35895 |
| (2) The acceptance of high-risk patients, as defined in rules | 35896 |
| adopted under section 3702.57 of the Revised Code, by any cardiac | 35897 |
| catheterization service that was initiated without a certificate | 35898 |
| of need pursuant to division (R)(3)(b) of the version of this | 35899 |
| section in effect immediately prior to April 20, 1995; | 35900 |
| (3)(a) The establishment, development, or construction of a | 35901 |
| new health care facility other than a new long-term care facility | 35902 |
| or a new hospital; | 35903 |
| (b) The establishment, development, or construction of a new | 35904 |
| hospital or the relocation of an existing hospital; | 35905 |
| (c) The relocation of hospital beds, other than long-term | 35906 |
| care, perinatal, or pediatric intensive care beds, into or out of | 35907 |
| a rural area. | 35908 |
| (4)(a) The replacement of an existing hospital; | 35909 |
| (b) The replacement of an existing hospital obstetric or | 35910 |
| newborn care unit or freestanding birthing center. | 35911 |
| (5)(a) The renovation of a hospital that involves a capital | 35912 |
|
expenditure, obligated on or after
| 35913 |
| 35914 | |
| including expenditures for equipment, staffing, or operational | 35915 |
| costs. For purposes of division (R)(5)(a) of this section, a | 35916 |
| capital expenditure is obligated: | 35917 |
| (i) When a contract enforceable under Ohio law is entered | 35918 |
| into for the construction, acquisition, lease, or financing of a | 35919 |
| capital asset; | 35920 |
| (ii) When the governing body of a hospital takes formal | 35921 |
| action to commit its own funds for a construction project | 35922 |
| undertaken by the hospital as its own contractor; | 35923 |
| (iii) In the case of donated property, on the date the gift | 35924 |
| is completed under applicable Ohio law. | 35925 |
| (b) The renovation of a hospital obstetric or newborn care | 35926 |
| unit or freestanding birthing center that involves a capital | 35927 |
| expenditure of five million dollars or more, not including | 35928 |
| expenditures for equipment, staffing, or operational costs. | 35929 |
| (6) Any change in the health care services, bed capacity, or | 35930 |
| site, or any other failure to conduct the reviewable activity in | 35931 |
| substantial accordance with the approved application for which a | 35932 |
| certificate of need was granted, if the change is made prior to | 35933 |
| the date the activity for which the certificate was issued ceases | 35934 |
| to be a reviewable activity; | 35935 |
| (7) Any of the following changes in perinatal bed capacity or | 35936 |
| pediatric intensive care bed capacity: | 35937 |
| (a) An increase in bed capacity; | 35938 |
| (b) A change in service or service-level designation of | 35939 |
| newborn care beds or obstetric beds in a hospital or freestanding | 35940 |
| birthing center, other than a change of service that is provided | 35941 |
| within the service-level designation of newborn care or obstetric | 35942 |
| beds as registered by the department of health; | 35943 |
| (c) A relocation of perinatal or pediatric intensive care | 35944 |
| beds from one physical facility or site to another, excluding the | 35945 |
| relocation of beds within a hospital or freestanding birthing | 35946 |
| center or the relocation of beds among buildings of a hospital or | 35947 |
| freestanding birthing center at the same site. | 35948 |
| (8) The expenditure of more than one hundred ten per cent of | 35949 |
| the maximum expenditure specified in a certificate of need; | 35950 |
| (9) Any transfer of a certificate of need issued prior to | 35951 |
| April 20, 1995, from the person to whom it was issued to another | 35952 |
| person before the project that constitutes a reviewable activity | 35953 |
| is completed, any agreement that contemplates the transfer of a | 35954 |
| certificate of need issued prior to that date upon completion of | 35955 |
| the project, and any transfer of the controlling interest in an | 35956 |
| entity that holds a certificate of need issued prior to that date. | 35957 |
| However, the transfer of a certificate of need issued prior to | 35958 |
| that date or agreement to transfer such a certificate of need from | 35959 |
| the person to whom the certificate of need was issued to an | 35960 |
| affiliated or related person does not constitute a reviewable | 35961 |
| transfer of a certificate of need for the purposes of this | 35962 |
| division, unless the transfer results in a change in the person | 35963 |
| that holds the ultimate controlling interest in the certificate of | 35964 |
| need. | 35965 |
| (10)(a) The acquisition by any person of any of the following | 35966 |
| medical equipment, regardless of the amount of operating costs or | 35967 |
| capital expenditure: | 35968 |
| (i) A cobalt radiation therapy unit; | 35969 |
| (ii) A linear accelerator; | 35970 |
| (iii) A gamma knife unit. | 35971 |
| (b) The acquisition by any person of medical equipment with a | 35972 |
| cost of two million dollars or more. The cost of acquiring medical | 35973 |
| equipment includes the sum of the following: | 35974 |
| (i) The greater of its fair market value or the cost of its | 35975 |
| lease or purchase; | 35976 |
| (ii) The cost of installation and any other activities | 35977 |
| essential to the acquisition of the equipment and its placement | 35978 |
| into service. | 35979 |
| (11) The addition of another cardiac catheterization | 35980 |
| laboratory to an existing cardiac catheterization service. | 35981 |
| (S) Except as provided in division (T) of this section, | 35982 |
| "reviewable activity" also means any of the following activities, | 35983 |
| none of which are subject to a termination date: | 35984 |
| (1) The establishment, development, or construction of a new | 35985 |
| long-term care facility; | 35986 |
| (2) The replacement of an existing long-term care facility; | 35987 |
| (3) The renovation of a long-term care facility that involves | 35988 |
| a capital expenditure of two million dollars or more, not | 35989 |
| including expenditures for equipment, staffing, or operational | 35990 |
| costs; | 35991 |
| (4) Any of the following changes in long-term care bed | 35992 |
| capacity: | 35993 |
| (a) An increase in bed capacity; | 35994 |
| (b) A relocation of beds from one physical facility or site | 35995 |
| to another, excluding the relocation of beds within a long-term | 35996 |
| care facility or among buildings of a long-term care facility at | 35997 |
| the same site; | 35998 |
| (c) A recategorization of hospital beds registered under | 35999 |
| section 3701.07 of the Revised Code from another registration | 36000 |
| category to skilled nursing beds or long-term care beds. | 36001 |
| (5) Any change in the health services, bed capacity, or site, | 36002 |
| or any other failure to conduct the reviewable activity in | 36003 |
| substantial accordance with the approved application for which a | 36004 |
| certificate of need concerning long-term care beds was granted, if | 36005 |
| the change is made within five years after the implementation of | 36006 |
| the reviewable activity for which the certificate was granted; | 36007 |
| (6) The expenditure of more than one hundred ten per cent of | 36008 |
| the maximum expenditure specified in a certificate of need | 36009 |
| concerning long-term care beds; | 36010 |
| (7) Any transfer of a certificate of need that concerns | 36011 |
| long-term care beds and was issued prior to April 20, 1995, from | 36012 |
| the person to whom it was issued to another person before the | 36013 |
| project that constitutes a reviewable activity is completed, any | 36014 |
| agreement that contemplates the transfer of such a certificate of | 36015 |
| need upon completion of the project, and any transfer of the | 36016 |
| controlling interest in an entity that holds such a certificate of | 36017 |
| need. However, the transfer of a certificate of need that concerns | 36018 |
| long-term care beds and was issued prior to April 20, 1995, or | 36019 |
| agreement to transfer such a certificate of need from the person | 36020 |
| to whom the certificate was issued to an affiliated or related | 36021 |
| person does not constitute a reviewable transfer of a certificate | 36022 |
| of need for purposes of this division, unless the transfer results | 36023 |
| in a change in the person that holds the ultimate controlling | 36024 |
| interest in the certificate of need. | 36025 |
| (T) "Reviewable activity" does not include any of the | 36026 |
| following activities: | 36027 |
| (1) Acquisition of computer hardware or software; | 36028 |
| (2) Acquisition of a telephone system; | 36029 |
| (3) Construction or acquisition of parking facilities; | 36030 |
| (4) Correction of cited deficiencies that are in violation of | 36031 |
| federal, state, or local fire, building, or safety laws and rules | 36032 |
| and that constitute an imminent threat to public health or safety; | 36033 |
| (5) Acquisition of an existing health care facility that does | 36034 |
| not involve a change in the number of the beds, by service, or in | 36035 |
| the number or type of health services; | 36036 |
| (6) Correction of cited deficiencies identified by | 36037 |
| accreditation surveys of the joint commission on accreditation of | 36038 |
| healthcare organizations or of the American osteopathic | 36039 |
| association; | 36040 |
| (7) Acquisition of medical equipment to replace the same or | 36041 |
| similar equipment for which a certificate of need has been issued | 36042 |
| if the replaced equipment is removed from service; | 36043 |
| (8) Mergers, consolidations, or other corporate | 36044 |
| reorganizations of health care facilities that do not involve a | 36045 |
| change in the number of beds, by service, or in the number or type | 36046 |
| of health services; | 36047 |
| (9) Construction, repair, or renovation of bathroom | 36048 |
| facilities; | 36049 |
| (10) Construction of laundry facilities, waste disposal | 36050 |
| facilities, dietary department projects, heating and air | 36051 |
| conditioning projects, administrative offices, and portions of | 36052 |
| medical office buildings used exclusively for physician services; | 36053 |
| (11) Acquisition of medical equipment to conduct research | 36054 |
| required by the United States food and drug administration or | 36055 |
| clinical trials sponsored by the national institute of health. Use | 36056 |
| of medical equipment that was acquired without a certificate of | 36057 |
| need under division (T)(11) of this section and for which | 36058 |
| premarket approval has been granted by the United States food and | 36059 |
| drug administration to provide services for which patients or | 36060 |
| reimbursement entities will be charged shall be a reviewable | 36061 |
| activity. | 36062 |
| (12) Removal of asbestos from a health care facility. | 36063 |
| Only that portion of a project that meets the requirements of | 36064 |
| division (T) of this section is not a reviewable activity. | 36065 |
| (U) "Small rural hospital" means a hospital that is located | 36066 |
| within a rural area, has fewer than one hundred beds, and to which | 36067 |
| fewer than four thousand persons were admitted during the most | 36068 |
| recent calendar year. | 36069 |
| (V) "Children's hospital" means any of the following: | 36070 |
| (1) A hospital registered under section 3701.07 of the | 36071 |
| Revised Code that provides general pediatric medical and surgical | 36072 |
| care, and in which at least seventy-five per cent of annual | 36073 |
| inpatient discharges for the preceding two calendar years were | 36074 |
| individuals less than eighteen years of age; | 36075 |
| (2) A distinct portion of a hospital registered under section | 36076 |
| 3701.07 of the Revised Code that provides general pediatric | 36077 |
| medical and surgical care, has a total of at least one hundred | 36078 |
| fifty registered pediatric special care and pediatric acute care | 36079 |
| beds, and in which at least seventy-five per cent of annual | 36080 |
| inpatient discharges for the preceding two calendar years were | 36081 |
| individuals less than eighteen years of age; | 36082 |
| (3) A distinct portion of a hospital, if the hospital is | 36083 |
| registered under section 3701.07 of the Revised Code as a | 36084 |
| children's hospital and the children's hospital meets all the | 36085 |
| requirements of division (V)(1) of this section. | 36086 |
| (W) "Long-term care facility" means any of the following: | 36087 |
| (1) A nursing home licensed under section 3721.02 of the | 36088 |
| Revised Code or by a political subdivision certified under section | 36089 |
| 3721.09 of the Revised Code; | 36090 |
| (2) The portion of any facility, including a county home or | 36091 |
| county nursing home, that is certified as a skilled nursing | 36092 |
| facility or a nursing facility under Title XVIII or XIX of the | 36093 |
| "Social Security Act"; | 36094 |
| (3) The portion of any hospital that contains beds registered | 36095 |
| under section 3701.07 of the Revised Code as skilled nursing beds | 36096 |
| or long-term care beds. | 36097 |
| (X) "Long-term care bed" means a bed in a long-term care | 36098 |
| facility. | 36099 |
| (Y) "Perinatal bed" means a bed in a hospital that is | 36100 |
| registered under section 3701.07 of the Revised Code as a newborn | 36101 |
| care bed or obstetric bed, or a bed in a freestanding birthing | 36102 |
| center. | 36103 |
| (Z) "Freestanding birthing center" means any facility in | 36104 |
| which deliveries routinely occur, regardless of whether the | 36105 |
| facility is located on the campus of another health care facility, | 36106 |
| and which is not licensed under Chapter 3711. of the Revised Code | 36107 |
| as a level one, two, or three maternity unit or a limited | 36108 |
| maternity unit. | 36109 |
| (AA)(1) "Reviewability ruling" means a ruling issued by the | 36110 |
| director of health under division (A) of section 3702.52 of the | 36111 |
| Revised Code as to whether a particular proposed project is or is | 36112 |
| not a reviewable activity. | 36113 |
| (2) "Nonreviewability ruling" means a ruling issued under | 36114 |
| that division that a particular proposed project is not a | 36115 |
| reviewable activity. | 36116 |
| (BB)(1) "Metropolitan statistical area" means an area of this | 36117 |
| state designated a metropolitan statistical area or primary | 36118 |
| metropolitan statistical area in United States office of | 36119 |
| management and budget bulletin No. 93-17, June 30, 1993, and its | 36120 |
| attachments. | 36121 |
| (2) "Rural area" means any area of this state not located | 36122 |
| within a metropolitan statistical area. | 36123 |
| Sec. 3702.68. (A) Notwithstanding sections 3702.51 to | 36124 |
| 3702.62 of the Revised Code, this section applies to the review of | 36125 |
| certificate of need applications during the period beginning July | 36126 |
|
1, 1993, and ending
June 30,
| 36127 |
| As used in this section, "existing health care facility" has | 36128 |
| the same meaning as in section 3702.51 of the Revised Code. | 36129 |
| (B)(1) Except as provided in division (B)(2) of this section, | 36130 |
| the director of health shall neither grant nor deny any | 36131 |
| application for a certificate of need submitted prior to July 1, | 36132 |
| 1993, if the application was for any of the following and the | 36133 |
| director had not issued a written decision concerning the | 36134 |
| application prior to that date: | 36135 |
| (a) Approval of beds in a new health care facility or an | 36136 |
| increase of beds in an existing health care facility, if the beds | 36137 |
| are proposed to be licensed as nursing home beds under Chapter | 36138 |
| 3721. of the Revised Code; | 36139 |
| (b) Approval of beds in a new county home or new county | 36140 |
| nursing home as defined in section 5155.31 of the Revised Code, or | 36141 |
| an increase of beds in an existing county home or existing county | 36142 |
| nursing home, if the beds are proposed to be certified as skilled | 36143 |
| nursing facility beds under Title XVIII or nursing facility beds | 36144 |
| under Title XIX of the "Social Security Act," 49 Stat. 620 (1935), | 36145 |
| 42 U.S.C.A. 301, as amended; | 36146 |
| (c) Recategorization of hospital beds as described in section | 36147 |
| 3702.522 of the Revised Code, an increase of hospital beds | 36148 |
| registered pursuant to section 3701.07 of the Revised Code as | 36149 |
| long-term care beds or skilled nursing facility beds, or a | 36150 |
| recategorization of hospital beds that would result in an increase | 36151 |
| of beds registered pursuant to that section as long-term care beds | 36152 |
| or skilled nursing facility beds. | 36153 |
| On July 1, 1993, the director shall return each such | 36154 |
| application to the applicant and, notwithstanding section 3702.52 | 36155 |
| of the Revised Code regarding the uses of the certificate of need | 36156 |
| fund, shall refund to the applicant the application fee paid under | 36157 |
| that section. Applications returned under division (B)(1) of this | 36158 |
| section may be resubmitted in accordance with section 3702.52 of | 36159 |
|
the Revised
Code no sooner than
July 1,
| 36160 |
| (2) The director shall continue to review and shall issue a | 36161 |
| decision regarding any application submitted prior to July 1, | 36162 |
| 1993, to increase beds for either of the purposes described in | 36163 |
| division (B)(1)(a) or (b) of this section if the proposed increase | 36164 |
| in beds is attributable solely to a replacement or relocation of | 36165 |
| existing beds within the same county. The director shall authorize | 36166 |
| under such an application no additional beds beyond those being | 36167 |
| replaced or relocated. | 36168 |
| (C)(1) Except as provided in division (C)(2) of this section, | 36169 |
| the director, during the period beginning July 1, 1993, and ending | 36170 |
|
June 30,
| 36171 |
| 3702.52 of the Revised Code any application for a certificate of | 36172 |
| need for any of the purposes described in divisions (B)(1)(a) to | 36173 |
| (c) of this section. | 36174 |
| (2)(a) The director shall accept for review any application | 36175 |
| for either of the purposes described in division (B)(1)(a) or (b) | 36176 |
| of this section if the proposed increase in beds is attributable | 36177 |
| solely to a replacement or relocation of existing beds from an | 36178 |
| existing health care facility within the same county. The director | 36179 |
| shall authorize under such an application no additional beds | 36180 |
| beyond those being replaced or
relocated.
| 36181 |
| The director shall not approve an application for a | 36182 |
| certificate of need for addition of long-term care beds to an | 36183 |
| existing health care facility by relocation of beds or for the | 36184 |
| development of a new health care facility by relocation of beds | 36185 |
| unless all of the following conditions are met: | 36186 |
| (i) The existing health care facility to which the beds are | 36187 |
| being relocated has no life safety code waivers, no state fire | 36188 |
| code violations, and no state building code violations; | 36189 |
| (ii) During the sixty month period preceding the filing of | 36190 |
| the application, no notice of proposed revocation of the | 36191 |
| facility's license was issued under section 3721.03 of the Revised | 36192 |
| Code to the operator of the existing facility to which the beds | 36193 |
| are being relocated or to any health care facility owned or | 36194 |
| operated by the applicant or any principal participant in the same | 36195 |
| corporation or other business; | 36196 |
| (iii) Neither the existing health care facility to which the | 36197 |
| beds are being relocated nor any health care facility owned or | 36198 |
| operated by the applicant or any principal participant in the same | 36199 |
| corporation or other business has had a long-standing pattern of | 36200 |
| violations of this chapter or deficiencies that caused one or more | 36201 |
| residents physical, emotional, mental, or psychosocial harm. | 36202 |
| (b) The director also shall accept for review any application | 36203 |
| 36204 | |
| conversion of infirmary
beds | 36205 |
| if the infirmary
| 36206 |
| (i) Is
operated exclusively by a
religious order | 36207 |
| (ii) Provides care exclusively to members of religious orders | 36208 |
| who take vows of celibacy and live by virtue of their vows within | 36209 |
| the orders as if related | 36210 |
| (iii) Was providing care exclusively to members of such a | 36211 |
| religious order on January 1, 1994. | 36212 |
| (D) The director shall issue a decision regarding any case | 36213 |
| remanded by a court as the result of a decision issued by the | 36214 |
| director prior to July 1, 1993, to grant, deny, or withdraw a | 36215 |
| certificate of need for any of the purposes described in divisions | 36216 |
| (B)(1)(a) to (c) of this section. | 36217 |
| (E) The director shall not project the need for beds listed | 36218 |
| in division (B)(1) of this section for the period beginning July | 36219 |
|
1, 1993, and ending
June 30,
| 36220 |
| This section is an interim section effective until July 1, | 36221 |
| 36222 |
| Sec. 3702.71. As used in sections 3702.71 to 3702.81 of the | 36223 |
| Revised Code: | 36224 |
| (A) "Primary care physician" means an individual who is | 36225 |
| authorized under Chapter 4731. of the Revised Code to practice | 36226 |
| medicine and surgery or osteopathic medicine and surgery and is | 36227 |
| board certified or board eligible in a primary care specialty. | 36228 |
| (B) "Primary care service" means professional comprehensive | 36229 |
| personal health services, which may include health education and | 36230 |
| disease prevention, treatment of uncomplicated health problems, | 36231 |
|
diagnosis of chronic health problems, | 36232 |
| health care services for an individual or a family, and the | 36233 |
| services of a psychiatrist. "Primary care service" also includes | 36234 |
| providing the initial contact for health care services and making | 36235 |
| referrals for secondary and tertiary care and for continuity of | 36236 |
| health care services. | 36237 |
| (C) "Primary care specialty" means general internal medicine, | 36238 |
| pediatrics, obstetrics and gynecology, psychiatry, or family | 36239 |
| practice. | 36240 |
| Sec. 3702.74. (A) A primary care physician who has signed a | 36241 |
| letter of intent under section 3702.73 of the Revised Code, the | 36242 |
| director of health, and the Ohio board of regents may enter into a | 36243 |
| contract for the physician's participation in the physician loan | 36244 |
| repayment program. A lending institution may also be a party to | 36245 |
| the contract. | 36246 |
| (B) The contract shall include all of the following | 36247 |
| obligations: | 36248 |
| (1) The primary care physician agrees to provide primary care | 36249 |
| services in the health resource shortage area identified in the | 36250 |
| letter of intent for at least two years or one year per twenty | 36251 |
| thousand dollars of repayment agreed to under division (B)(3) of | 36252 |
| this section, whichever is greater; | 36253 |
| (2) When providing primary care services in the health | 36254 |
| resource shortage area, the primary care physician agrees to do | 36255 |
| all of the following: | 36256 |
| (a) Provide primary care services for a minimum of forty | 36257 |
| hours per week; | 36258 |
| (b) Provide primary care services without regard to a | 36259 |
| patient's ability to pay; | 36260 |
| (c) Meet the conditions prescribed by the "Social Security | 36261 |
| Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the | 36262 |
| department of job and family services for participation in the | 36263 |
| medical assistance program established under Chapter 5111. of the | 36264 |
| Revised Code and enter into a contract with the department to | 36265 |
| provide primary care services to recipients of the medical | 36266 |
|
assistance
program | 36267 |
| | 36268 |
| 36269 | |
| 36270 | |
| 36271 | |
| 36272 | |
| 36273 |
| (3) The Ohio board of regents agrees, as provided in section | 36274 |
| 3702.75 of the Revised Code, to repay, so long as the primary care | 36275 |
| physician performs the service obligation agreed to under division | 36276 |
| (B)(1) of this section, all or part of the principal and interest | 36277 |
| of a government or other educational loan taken by the primary | 36278 |
| care physician for expenses described in section 3702.75 of the | 36279 |
| Revised Code; | 36280 |
| (4) The primary care physician agrees to pay the board the | 36281 |
| following as damages if the physician fails to complete the | 36282 |
| service obligation agreed to under division (B)(1) of this | 36283 |
| section: | 36284 |
| (a) If the failure occurs during the first two years of the | 36285 |
| service obligation, three times the total amount the board has | 36286 |
| agreed to repay under division (B)(3) of this section; | 36287 |
| (b) If the failure occurs after the first two years of the | 36288 |
| service obligation, three times the amount the board is still | 36289 |
| obligated to repay under division (B)(3) of this section. | 36290 |
| (C) The contract may include any other terms agreed upon by | 36291 |
| the parties, including an assignment to the Ohio board of regents | 36292 |
| of the physician's duty to pay the principal and interest of a | 36293 |
| government or other educational loan taken by the physician for | 36294 |
| expenses described in section 3702.75 of the Revised Code. If the | 36295 |
| board assumes the physician's duty to pay a loan, the contract | 36296 |
| shall set forth the total amount of principal and interest to be | 36297 |
| paid, an amortization schedule, and the amount of each payment to | 36298 |
| be made under the schedule. | 36299 |
| Sec. 3702.83. The department of health shall administer a | 36300 |
| program, to be known as the J-1 visa waiver program, for | 36301 |
| recruiting physicians who received graduate medical education or | 36302 |
| training in the United States but are not citizens of the United | 36303 |
| States to serve in areas of the state designated by the United | 36304 |
| States secretary of health and human services as health | 36305 |
| professional shortage areas under the "Public Health Service Act," | 36306 |
| 88 Stat. 682 (1944), 42 U.S.C. 254(e), as amended. Under the | 36307 |
| program, the department of health shall accept and review | 36308 |
| applications for placement of persons seeking to remain in the | 36309 |
| United States pursuant to the "Immigration and Nationality Act," | 36310 |
| 66 Stat. 163 (1952), 8 U.S.C. 1182(J)(1) and 1184(l), as amended, | 36311 |
| by obtaining a waiver of the federal requirement that they return | 36312 |
| to their home countries for a minimum of two years after | 36313 |
| completing the graduate medical education or training for which | 36314 |
| they were admitted to the United States. The department shall | 36315 |
| administer the program in accordance with the "Immigration and | 36316 |
| Nationality Act" and the regulations adopted under it. | 36317 |
| For each application accepted for review under this section, | 36318 |
| the department shall charge a fee of three thousand five hundred | 36319 |
| seventy-one dollars. The fee is nonrefundable. All fees collected | 36320 |
| shall be deposited into the state treasury to the credit of | 36321 |
| general operations fund created in section 3701.83 of the Revised | 36322 |
| Code. | 36323 |
| Sec. 3703.01. (A) The division of industrial compliance in | 36324 |
| the department of commerce shall: | 36325 |
| (1) Inspect all nonresidential buildings within the meaning | 36326 |
| of section 3781.06 of the Revised Code; | 36327 |
| (2) Condemn all unsanitary or defective plumbing that is | 36328 |
| found in connection with those places; | 36329 |
| (3) Order changes in plumbing necessary to insure the safety | 36330 |
| of the public health. | 36331 |
| (B)(1) The division of industrial compliance and boards of | 36332 |
| health of city and general health districts shall not inspect | 36333 |
| plumbing or collect fees for inspecting plumbing in particular | 36334 |
| types of buildings in any municipal corporation that has been | 36335 |
| certified by the board of building standards under section 3781.10 | 36336 |
| of the Revised Code to exercise enforcement authority for plumbing | 36337 |
| in such types of buildings. | 36338 |
| (2) The division shall not inspect plumbing or collect fees | 36339 |
| for inspecting plumbing in particular types of buildings in any | 36340 |
| health district that has employed one or more approved plumbing | 36341 |
| inspectors to enforce Chapters 3781. and 3791. of the Revised Code | 36342 |
| and the rules adopted pursuant to those chapters relating to | 36343 |
| plumbing in such types of buildings. | 36344 |
| (3) A municipal corporation does not have jurisdiction to | 36345 |
| inspect plumbing or collect fees for the inspection of plumbing in | 36346 |
| types of buildings for which it has not been certified by the | 36347 |
| board of building standards under section 3781.10 of the Revised | 36348 |
| Code to exercise enforcement authority. | 36349 |
| (4) A board of health of a health district does not have | 36350 |
| jurisdiction to inspect plumbing or collect fees for the | 36351 |
| inspection of plumbing in types of buildings for which it does not | 36352 |
| have an approved plumbing inspector. | 36353 |
| (C) The superintendent of industrial compliance shall adopt | 36354 |
| rules prescribing minimum qualifications based on education, | 36355 |
| training,
experience, or demonstrated ability, which the | 36356 |
| superintendent
shall use
in | 36357 |
| plumbing inspectors to do plumbing inspections for health | 36358 |
| districts and for continuing education of plumbing inspectors. | 36359 |
| Such minimum qualifications shall be related to the types of | 36360 |
| buildings for which a person seeks approval. | 36361 |
| (D) The superintendent may enter into reciprocal | 36362 |
| registration, licensure, or certification agreements with other | 36363 |
| states and other agencies of this state relative to plumbing | 36364 |
| inspectors if both of the following apply: | 36365 |
| (1) The requirements for registration, licensure, or | 36366 |
| certification of plumbing inspectors under the laws of the other | 36367 |
| state or laws administered by the other agency are substantially | 36368 |
| equal to the requirements the superintendent adopts under division | 36369 |
| (C) of this section for certifying plumbing inspectors. | 36370 |
| (2) The other state or agency extends similar reciprocity to | 36371 |
| persons certified under this chapter. | 36372 |
| (E) The superintendent may select and contract with one or | 36373 |
| more persons to do all of the following regarding examinations for | 36374 |
| certification of plumbing inspectors: | 36375 |
| (1) Prepare, administer, score, and maintain the | 36376 |
| confidentiality of the examination; | 36377 |
| (2) Maintain responsibility for all expenses required to | 36378 |
| comply with division (E)(1) of this section; | 36379 |
| (3) Charge each applicant a fee for administering the | 36380 |
| examination in an amount the superintendent authorizes; | 36381 |
| (4) Design the examination for certification of plumbing | 36382 |
| inspectors to determine an applicant's competence to inspect | 36383 |
| plumbing. | 36384 |
| (F) Standards and methods prescribed in local plumbing | 36385 |
| regulations shall not be less than those prescribed in Chapters | 36386 |
| 3781. and 3791. of the Revised Code and the rules adopted pursuant | 36387 |
| to those chapters. | 36388 |
| | 36389 |
| the division shall make a plumbing inspection of any building or | 36390 |
| other place that there is reason to believe is in a condition to | 36391 |
| be a menace to the public health. | 36392 |
| Sec. 3703.03. In the administration of sections 3703.01 to | 36393 |
| 3703.09 of the Revised Code, the division of industrial compliance | 36394 |
| 36395 | |
| plumbing adopted by the board of building standards under | 36396 |
| authority of sections 3781.10 and 3781.11 of the Revised Code, and | 36397 |
| register those persons engaged in or at the plumbing business. | 36398 |
| Plans and specifications for all plumbing to be installed in | 36399 |
| or for buildings coming within such sections shall be submitted to | 36400 |
| and approved by the division before the contract for plumbing is | 36401 |
| let. | 36402 |
| Sec. 3703.04. The
| 36403 |
| industrial compliance shall appoint such number of plumbing | 36404 |
| inspectors as is required. The inspectors shall be practical | 36405 |
| plumbers with at least seven years' experience, and skilled and | 36406 |
| well-trained in matters pertaining to sanitary regulations | 36407 |
| concerning plumbing work. | 36408 |
| | 36409 |
| 36410 | |
| 36411 | |
| 36412 | |
| 36413 |
| Sec. 3703.05. Plumbing inspectors employed by the | 36414 |
| division of
| 36415 |
| enforcement of sections 3703.01 to 3703.09 of the
Revised Code | 36416 |
| may, between sunrise and sunset, enter any building where there is | 36417 |
| good and sufficient reason to believe that the sanitary condition | 36418 |
| of the premises endangers the public health, for the purpose of | 36419 |
| making an inspection to ascertain the condition of the premises. | 36420 |
| Sec. 3703.06. When any building is found to be in a sanitary | 36421 |
| condition or when changes which are ordered, under authority of | 36422 |
| this chapter, in the plumbing, drainage, or ventilation have been | 36423 |
| made, and after a thorough inspection and approval by
the | 36424 |
| superintendent of industrial compliance | 36425 |
| 36426 | |
| 36427 | |
| 36428 | |
| the benefit of the public at large. Upon notification by the | 36429 |
| superintendent, the certificate shall be revoked for any violation | 36430 |
| of those sections. | 36431 |
| Sec. 3703.07. No plumbing work shall be done in any building | 36432 |
| or place coming within the jurisdiction of the
| 36433 |
| of | 36434 |
| leaks in existing plumbing, until a permit has been issued by the | 36435 |
| 36436 |
| Before granting such permit, an application shall be made by | 36437 |
| the owner of the property or by the person, firm, or corporation | 36438 |
| which is to do the work. The application shall be made on a form | 36439 |
| prepared by the | 36440 |
| application shall be accompanied by a fee of twenty-seven dollars, | 36441 |
| and an additional fee of seven dollars for each trap, vented | 36442 |
| fixture, appliance, or device. Each application also shall be | 36443 |
| accompanied by a plan approval fee of eighteen dollars for work | 36444 |
| containing one through twenty fixtures; thirty-six dollars for | 36445 |
| work containing twenty-one through forty fixtures; and fifty-four | 36446 |
| dollars for work containing forty-one or more fixtures. | 36447 |
| Whenever a reinspection is made necessary by the failure of | 36448 |
| the applicant or plumbing contractor to have the work ready for | 36449 |
| inspection when so reported, or by reason of faulty or improper | 36450 |
| installation, the person shall pay a fee of forty-five dollars for | 36451 |
| each reinspection. | 36452 |
| All fees collected pursuant to this section shall be paid | 36453 |
| into the state treasury to the credit of the industrial compliance | 36454 |
| operating fund created in section 121.084 of the Revised Code. | 36455 |
| The | 36456 |
| compliance, by rule adopted in accordance with Chapter 119. of the | 36457 |
| Revised Code, may increase the fees required by this section and | 36458 |
| may establish fees to pay the costs of the division to fulfill its | 36459 |
| duties established by this chapter, including, but not limited to, | 36460 |
| fees for administering a program for continuing education for, and | 36461 |
| certifying and recertifying plumbing inspectors. The fees shall | 36462 |
| bear some reasonable relationship to the cost of administering and | 36463 |
| enforcing the provisions of this chapter. | 36464 |
| Sec. 3703.08. Any owner, agent, or manager, of a building in | 36465 |
| which an
inspection is made by the | 36466 |
| industrial compliance, a board of health of a health district, or | 36467 |
| a certified department of building inspection of a municipal | 36468 |
| corporation | 36469 |
| ventilation repaired, as the
| 36470 |
| board of health, or department of building inspection directs by | 36471 |
| its order. After due notice to repair such work is given, the | 36472 |
| owner, agent, or manager shall notify the public authority that | 36473 |
| issued the order when the work is ready for its inspection. No | 36474 |
| person shall fail to have the work ready for inspection at the | 36475 |
| time specified in the notice. | 36476 |
| Sec. 3703.10. All prosecutions and proceedings by the | 36477 |
| 36478 | |
| violation of sections 3703.01 to 3703.09 of the Revised Code, or | 36479 |
| for the
violation of any of the orders or rules of the | 36480 |
| division under those sections, shall be instituted
by the | 36481 |
| superintendent of | 36482 |
| judgments collected by the
| 36483 |
| the state treasury to the credit of the industrial compliance | 36484 |
| operating fund created by section 121.084 of the Revised Code. | 36485 |
| The | 36486 |
| or city health district, or any person charged with enforcing the | 36487 |
| rules of the | 36488 |
| 3703.09 of the Revised Code may petition the court of common pleas | 36489 |
| for injunctive or other appropriate relief requiring any person | 36490 |
| violating a rule adopted or order issued by the | 36491 |
| superintendent under those sections to comply with the rule or | 36492 |
| order. The court of common pleas of the county in which the | 36493 |
| offense is alleged to be occurring may grant injunctive or other | 36494 |
| appropriate relief. | 36495 |
| The superintendent may do all of the following: | 36496 |
| (A) Deny an applicant certification as a plumbing inspector; | 36497 |
| (B) Suspend or revoke the certification of a plumbing | 36498 |
| inspector; | 36499 |
| (C) Examine any certified plumbing inspector under oath; | 36500 |
| (D) Examine the records and books of any certified plumbing | 36501 |
| inspector if the superintendent finds the material to be examined | 36502 |
| relevant to a determination described in division (A), (B), or (C) | 36503 |
| of this section. | 36504 |
| Sec. 3703.99. Whoever violates sections 3703.01 to 3703.09 | 36505 |
| of the Revised
Code, or any rule the
| 36506 |
| 36507 | |
| sections, shall be fined not less than ten nor more than one | 36508 |
| hundred dollars or imprisoned for not less than ten nor more than | 36509 |
| ninety days, or both. No person shall be imprisoned under this | 36510 |
| section for the first offense, and the prosecution always shall be | 36511 |
| as for a first offense unless the affidavit upon which the | 36512 |
| prosecution is instituted contains the allegation that the offense | 36513 |
| is a second or repeated offense. | 36514 |
| Sec. 3704.035. There is hereby created in the state treasury | 36515 |
| the clean air fund. Except as otherwise provided in division (K) | 36516 |
| of section 3745.11 of the Revised Code, all moneys collected under | 36517 |
| divisions (C), (D), (F), (G), (H), (I), and (J) of that section | 36518 |
| and under section 3745.111 of the Revised Code, and any gifts, | 36519 |
| grants, or contributions received by the director of environmental | 36520 |
| protection for the purposes of the fund, shall be credited to the | 36521 |
| fund. The director shall expend moneys from the fund exclusively | 36522 |
| to pay the cost of administering and enforcing the laws of this | 36523 |
| state pertaining to the prevention, control, and abatement of air | 36524 |
| pollution and rules adopted and terms and conditions of permits, | 36525 |
| variances, and orders issued under those laws, except that the | 36526 |
| director shall not expend moneys credited to the fund for the | 36527 |
| administration and enforcement of motor vehicle inspection and | 36528 |
| maintenance programs and requirements under sections 3704.14, | 36529 |
| 3704.141, 3704.16,
3704.161, and 3704.162 | 36530 |
| Revised Code. | 36531 |
| Specifically, the director shall expend all moneys credited | 36532 |
| to the fund from fees assessed under section 3745.11 of the | 36533 |
| Revised Code pursuant to the Title V permit program established | 36534 |
| under section 3704.036 of the Revised Code, and from any gifts, | 36535 |
| grants, or contributions received for the purposes of that | 36536 |
| program, solely to administer and enforce that program pursuant to | 36537 |
| the federal Clean Air Act, this chapter, and rules adopted under | 36538 |
| it, except as costs relating to enforcement are limited by the | 36539 |
| federal Clean Air Act. The director shall establish separate and | 36540 |
| distinct accounting for all such moneys. | 36541 |
| The director shall report biennially to the general assembly | 36542 |
| the amounts of fees and other moneys credited to the fund under | 36543 |
| this section and the amounts expended from it for each of the | 36544 |
| various air pollution control programs. | 36545 |
| Sec. 3704.14. (A) The director of environmental protection | 36546 |
| shall continue to implement an enhanced motor vehicle inspection | 36547 |
| and maintenance program for a period of two years beginning on | 36548 |
| January 1, 2006, and ending on December 31, 2007, in counties in | 36549 |
| which a motor vehicle inspection and maintenance program is | 36550 |
| federally mandated. The program shall be substantially similar to | 36551 |
| the enhanced program implemented in those counties under a | 36552 |
| contract that is scheduled to expire on December 31, 2005. The | 36553 |
| program, at a minimum, shall do all of the following: | 36554 |
| (1) Comply with the federal Clean Air Act; | 36555 |
| (2) Provide for the extension of a contract for a period of | 36556 |
| two years, beginning on January 1, 2006, and ending on December | 36557 |
| 31, 2007, with the contractor who conducted the enhanced motor | 36558 |
| vehicle inspection and maintenance program in those federally | 36559 |
| mandated counties pursuant to a contract entered into under former | 36560 |
| section 3704.14 of the Revised Code as that section existed prior | 36561 |
| to its repeal and reenactment by Am. Sub. H.B. 66 of the 126th | 36562 |
| General Assembly; | 36563 |
| (3) Provide for the issuance of inspection certificates; | 36564 |
| (4) Provide for a new car exemption for motor vehicles four | 36565 |
| years old or newer and provide that a new motor vehicle is exempt | 36566 |
| for four years regardless of whether legal title to the motor | 36567 |
| vehicle is transferred during that period. | 36568 |
| (B) The director shall not implement a motor vehicle | 36569 |
| inspection and maintenance program in any county other than a | 36570 |
| county in which a motor vehicle inspection and maintenance program | 36571 |
| is federally mandated. | 36572 |
| (C) The director shall adopt rules in accordance with Chapter | 36573 |
| 119. of the Revised Code that the director determines are | 36574 |
| necessary to implement this section. The director may continue to | 36575 |
| implement and enforce rules pertaining to the enhanced motor | 36576 |
| vehicle inspection and maintenance program previously implemented | 36577 |
| under former section 3704.14 of the Revised Code as that section | 36578 |
| existed prior to its repeal and reenactment by Am. Sub. H.B. 66 of | 36579 |
| the 126th general assembly, provided that the rules do not | 36580 |
| conflict with this section. | 36581 |
| (D) There is hereby created in the state treasury the motor | 36582 |
| vehicle inspection and maintenance fund, which shall consist of | 36583 |
| money received by the director from any fees for inspections that | 36584 |
| are established in rules adopted under this section. The director | 36585 |
| shall use money in the fund solely for the implementation, | 36586 |
| supervision, administration, operation, and enforcement of the | 36587 |
| enhanced motor vehicle inspection and maintenance program | 36588 |
| established under this section. | 36589 |
| (E) The enhanced motor vehicle inspection and maintenance | 36590 |
| program established under this section expires on December 31, | 36591 |
| 2007, and shall not be continued beyond that date unless otherwise | 36592 |
| federally mandated. | 36593 |
| Sec. 3704.143. (A) As used in this section, "contract" means | 36594 |
| a contract entered into by the state under former section 3704.14 | 36595 |
| of the Revised Code, as that section existed prior to its repeal | 36596 |
| and reenactment by Am. Sub. H.B. 66 of the 126th General Assembly, | 36597 |
| with a private contractor for the purpose of conducting emissions | 36598 |
| inspections under a motor vehicle inspection and maintenance | 36599 |
| program. | 36600 |
| (B) | 36601 |
| in section 3704.14 of
the Revised Code, | 36602 |
| 36603 | |
| Sub. H.B. 66 of the 126th General Assembly, the director of | 36604 |
| environmental protection | 36605 |
| contract that is in existence on September 5, 2001. Further, | 36606 |
| except as authorized in that section, the director | 36607 |
| 36608 | |
| 36609 | |
| upon the expiration or termination of any contract that is in | 36610 |
| existence on September 5, 2001, or enter into any new contract for | 36611 |
| the implementation of a motor vehicle inspection and maintenance | 36612 |
| program in a county in which such a program is not operating on | 36613 |
| that date. | 36614 |
| (C) | 36615 |
| of the Revised Code | 36616 |
| 36617 | |
| 36618 | |
| Sub. H.B. 66 of the 126th General Assembly, upon the expiration or | 36619 |
| termination of all contracts that are in existence on September 5, | 36620 |
| 2001, the director of environmental protection shall terminate all | 36621 |
| motor vehicle inspection and maintenance programs in this state | 36622 |
| and shall not implement a new motor vehicle inspection and | 36623 |
| maintenance
program unless | 36624 |
| program is authorized by the general assembly. | 36625 |
| (D) | 36626 |
| 36627 | |
| 36628 | |
| 36629 | |
| the inspection of motor vehicle emissions under division (C) of | 36630 |
| this section after all contracts for a motor vehicle inspection | 36631 |
| and maintenance program that are in existence on September 5, | 36632 |
| 2001, terminate or expire, a motor vehicle, the legal title to | 36633 |
| which has never been transferred by a manufacturer, distributor, | 36634 |
| or dealer to an ultimate purchaser as defined in section 4517.01 | 36635 |
| of the Revised Code, shall be exempt from any emissions | 36636 |
| inspections that are required under such a program for a period of | 36637 |
| 36638 | |
| first certificate of title to the vehicle was issued on behalf of | 36639 |
| the ultimate purchaser under Chapter 4503. of the Revised Code. A | 36640 |
| motor vehicle that is exempt from any emissions inspections | 36641 |
| 36642 | |
| during that | 36643 |
| the motor vehicle is transferred during that period. | 36644 |
| Sec. 3704.144. Gifts, grants, and contributions for the | 36645 |
| purpose of adding pollution control equipment to diesel-powered | 36646 |
| school buses, including contributions that are made pursuant to | 36647 |
| the settlement of an administrative action or civil action that is | 36648 |
| brought at the request of the director of environmental protection | 36649 |
| pursuant to Chapter 3704., 3714., 3734., 6109., or 6111. of the | 36650 |
| Revised Code, shall be credited to the clean diesel school bus | 36651 |
| fund, which is hereby created in the state treasury. The director | 36652 |
| shall use money credited to the fund to make grants to school | 36653 |
| districts in the state for the purpose of adding pollution control | 36654 |
| equipment to diesel-powered school buses and to pay the | 36655 |
| environmental protection agency's costs incurred in administering | 36656 |
| this section. In addition, the director may use money credited to | 36657 |
| the fund to make grants to school districts for the purpose of | 36658 |
| maintaining pollution control equipment that is installed on | 36659 |
| diesel-powered school buses and to pay the additional cost | 36660 |
| incurred by a school district for using ultra-low sulfur diesel | 36661 |
| fuel instead of diesel fuel for the operation of diesel-powered | 36662 |
| school buses. | 36663 |
| In making grants under this section, the director shall give | 36664 |
| priority to school districts that are located in a county that is | 36665 |
| designated as nonattainment by the United States environmental | 36666 |
| protection agency for the fine particulate national ambient air | 36667 |
| quality standard under the federal Clean Air Act. In addition, the | 36668 |
| director may give a higher priority to a school district that | 36669 |
| employs additional measures that reduce air pollution from the | 36670 |
| district's school bus fleet. | 36671 |
| The director shall adopt rules establishing procedures and | 36672 |
| requirements that are necessary to implement this section, | 36673 |
| including procedures and requirements governing applications for | 36674 |
| grants. | 36675 |
| Sec. 3704.99. (A) Whoever recklessly violates division (A), | 36676 |
| (B), (C), (D), (E), (F), (G), or (I) of section 3704.05 or | 36677 |
| division (B)(5) of section 3704.16 of the Revised Code shall be | 36678 |
| fined not more than twenty-five thousand dollars or imprisoned not | 36679 |
| more than one year, or both, for each violation. Each day the | 36680 |
| violation continues after a conviction for a violation is a | 36681 |
| separate offense. | 36682 |
| (B) Whoever knowingly violates division (H), (J), or (K) of | 36683 |
| section 3704.05 of the Revised Code shall be fined not more than | 36684 |
| ten thousand dollars for each day of each such violation. | 36685 |
| (C) Whoever violates section 3704.15 | 36686 |
| 36687 | |
| guilty of a misdemeanor of the first degree. | 36688 |
| (D) Whoever violates division (B)(2) or knowingly violates | 36689 |
| division (C)(1) of section 3704.16 of the Revised Code is guilty | 36690 |
| of a minor misdemeanor. | 36691 |
| (E) Whoever violates division (B)(1) or (3) or knowingly | 36692 |
| violates division (C)(2) or (3) of section 3704.16 of the Revised | 36693 |
| Code shall be fined not less than five hundred nor more than | 36694 |
| twenty-five hundred dollars for each day of each violation. | 36695 |
| (F) Whoever recklessly violates division (B)(4) of section | 36696 |
| 3704.16 of the Revised Code shall be fined not more than | 36697 |
| twenty-five thousand dollars or imprisoned not more than one year, | 36698 |
| or both, for each violation. Each day the violation continues | 36699 |
| after a conviction for a violation is a separate offense. | 36700 |
| (G) The sentencing court, in addition to the penalty provided | 36701 |
| in divisions (D), (E), and (F) of this section, shall order the | 36702 |
| offender to restore within thirty days any emission control system | 36703 |
| that was tampered with in connection with the violation or to | 36704 |
| provide proof that the motor vehicle whose emission control system | 36705 |
| was tampered with has been dismantled or destroyed. The court may | 36706 |
| extend that deadline for good cause shown. If the offender does | 36707 |
| not take the corrective action ordered under this division, each | 36708 |
| day that the violation continues is a separate offense. Violation | 36709 |
| of a court order entered under this division is punishable as | 36710 |
| contempt under Chapter 2705. of the Revised Code. | 36711 |
| Sec. 3705.24. (A)(1) The public health council shall, in | 36712 |
| accordance with section 111.15 of the Revised Code, adopt rules | 36713 |
| prescribing fees for the following services provided by the state | 36714 |
| office of vital statistics: | 36715 |
| (a) Except as provided in division (A)(4) of this section: | 36716 |
| (i) A certified copy of a vital record or a certification of | 36717 |
| birth; | 36718 |
| (ii) A search by the office of vital statistics of its files | 36719 |
| and records pursuant to a request for information, regardless of | 36720 |
| whether a copy of a record is provided; | 36721 |
| (iii) A copy of a record provided pursuant to a request; | 36722 |
| (b) Replacement of a birth certificate following an adoption, | 36723 |
| legitimation, paternity determination or acknowledgement, or court | 36724 |
| order; | 36725 |
| (c) Filing of a delayed registration of a vital record; | 36726 |
| (d) Amendment of a vital record that is requested later than | 36727 |
| one year after the filing date of the vital record; | 36728 |
| (e) Any other documents or services for which the public | 36729 |
| health council considers the charging of a fee appropriate. | 36730 |
| (2) Fees prescribed under division (A)(1)(a) of this section | 36731 |
| shall not be less than seven dollars. | 36732 |
| (3) Fees prescribed under division (A)(1) of this section | 36733 |
| shall be collected in addition to any | 36734 |
| sections 3109.14 and 3705.242 of the Revised Code. | 36735 |
| (4) Fees prescribed under division (A) of this section shall | 36736 |
| not apply to certifications issued under division (H) of this | 36737 |
| section or copies provided under section 3705.241 of the Revised | 36738 |
| Code. | 36739 |
| (B) In addition to the fees prescribed under division (A) of | 36740 |
| this section or section 3709.09 of the Revised Code, the office of | 36741 |
| vital statistics or the board of health of a city or general | 36742 |
| health district shall charge a five-dollar fee for each certified | 36743 |
| copy of a vital record and each certification of birth. This fee | 36744 |
| shall be deposited in the general operations fund created under | 36745 |
| section 3701.83 of the Revised Code and be used solely toward the | 36746 |
| modernization and automation of the system of vital records in | 36747 |
| this state. A board of health shall forward all fees collected | 36748 |
| under this division to the department of health not later than | 36749 |
| thirty days after the end of each calendar quarter. | 36750 |
| (C) Except as otherwise provided in division (H) of this | 36751 |
| section, and except as provided in section 3705.241 of the Revised | 36752 |
| Code, fees collected by the director of health under sections | 36753 |
| 3705.01 to 3705.29 of the Revised Code shall be paid into the | 36754 |
| state treasury to the credit of the general operations fund | 36755 |
| created by section 3701.83 of the Revised Code. Except as provided | 36756 |
| in division (B) of this section, money generated by the fees shall | 36757 |
| be used only for administration and enforcement of this chapter | 36758 |
| and the rules adopted under it. Amounts submitted to the | 36759 |
| department of health for copies of vital records or services in | 36760 |
| excess of the fees imposed by this section shall be dealt with as | 36761 |
| follows: | 36762 |
| (1) An overpayment of two dollars or less shall be retained | 36763 |
| by the department and deposited in the state treasury to the | 36764 |
| credit of the general operations fund created by section 3701.83 | 36765 |
| of the Revised Code. | 36766 |
| (2) An overpayment in excess of two dollars shall be returned | 36767 |
| to the person who made the overpayment. | 36768 |
| (D) If a local registrar is a salaried employee of a city or | 36769 |
| a general health district, any fees the local registrar receives | 36770 |
| pursuant to section 3705.23 of the Revised Code shall be paid into | 36771 |
| the general fund of the city or the health fund of the general | 36772 |
| health district. | 36773 |
| Each local registrar of vital statistics, or each health | 36774 |
| district where the local registrar is a salaried employee of the | 36775 |
| district, shall be entitled to a fee for each birth, fetal death, | 36776 |
| death, or military service certificate properly and completely | 36777 |
| made out and registered with the local registrar or district and | 36778 |
| correctly copied and forwarded to the office of vital statistics | 36779 |
| in accordance with the population of the primary registration | 36780 |
| district at the last federal census. The fee for each birth, fetal | 36781 |
| death, death, or military service certificate shall be: | 36782 |
| (1) In primary registration districts of over two hundred | 36783 |
| fifty thousand, twenty cents; | 36784 |
| (2) In primary registration districts of over one hundred | 36785 |
| twenty-five thousand and less than two hundred fifty thousand, | 36786 |
| sixty cents; | 36787 |
| (3) In primary registration districts of over fifty thousand | 36788 |
| and less than one hundred twenty-five thousand, eighty cents; | 36789 |
| (4) In primary registration districts of less than fifty | 36790 |
| thousand, one dollar. | 36791 |
| (E) The director of health shall annually certify to the | 36792 |
| county treasurers of the several counties the number of birth, | 36793 |
| fetal death, death, and military service certificates registered | 36794 |
| from their respective counties with the names of the local | 36795 |
| registrars and the amounts due each registrar and health district | 36796 |
| at the rates fixed in this section. Such amounts shall be paid by | 36797 |
| the treasurer of the county in which the registration districts | 36798 |
| are located. No fees shall be charged or collected by registrars | 36799 |
| except as provided by this chapter and section 3109.14 of the | 36800 |
| Revised Code. | 36801 |
| (F) A probate judge shall be paid a fee of fifteen cents for | 36802 |
| each certified abstract of marriage prepared and forwarded by the | 36803 |
| probate judge to the department of health pursuant to section | 36804 |
| 3705.21 of the Revised Code. The fee shall be in addition to the | 36805 |
| fee paid for a marriage license and shall be paid by the | 36806 |
| applicants for the license. | 36807 |
| (G) The clerk of a court of common pleas shall be paid a fee | 36808 |
| of one dollar for each certificate of divorce, dissolution, and | 36809 |
| annulment of marriage prepared and forwarded by the clerk to the | 36810 |
| department pursuant to section 3705.21 of the Revised Code. The | 36811 |
| fee for the certified abstract of divorce, dissolution, or | 36812 |
| annulment of marriage shall be added to the court costs allowed in | 36813 |
| these cases. | 36814 |
| (H) The fee for an heirloom certification of birth issued | 36815 |
| pursuant to division (B)(2) of section 3705.23 of the Revised Code | 36816 |
| shall be an amount prescribed by rule by the director of health | 36817 |
| plus any fee required by section 3109.14 of the Revised Code. In | 36818 |
| setting the amount of the fee, the director shall establish a | 36819 |
| surcharge in addition to an amount necessary to offset the expense | 36820 |
| of processing heirloom certifications of birth. The fee prescribed | 36821 |
| by the director of health pursuant to this division shall be | 36822 |
| deposited into the state treasury to the credit of the heirloom | 36823 |
| certification of birth fund which is hereby created. Money | 36824 |
| credited to the fund shall be used by the office of vital | 36825 |
| statistics to offset the expense of processing heirloom | 36826 |
| certifications of birth. However, the money collected for the | 36827 |
| surcharge, subject to the approval of the controlling board, shall | 36828 |
| be used for the purposes specified by the family and children | 36829 |
| first council pursuant to section 121.37 of the Revised Code. | 36830 |
| Sec. 3705.242. (A)(1) The director of health, a person | 36831 |
| authorized by the director, a local commissioner of health, or a | 36832 |
| local registrar of vital statistics shall charge and collect a fee | 36833 |
| of one dollar and fifty cents for each certified copy of a birth | 36834 |
| record, each certification of birth, and each copy of a death | 36835 |
| record. The fee is in addition to the fee imposed by section | 36836 |
| 3705.24 or any other section of the Revised Code. A local | 36837 |
| commissioner of health or local registrar of vital statistics may | 36838 |
| retain an amount of each additional fee collected, not to exceed | 36839 |
| three per cent of the amount of the additional fee, to be used for | 36840 |
| costs directly related to the collection of the fee and the | 36841 |
| forwarding of the fee to the treasurer of state. | 36842 |
| (2) On the filing of a divorce decree under section 3105.10 | 36843 |
| or a decree of dissolution under section 3105.65 of the Revised | 36844 |
| Code, a court of common pleas shall charge and collect a fee of | 36845 |
| five dollars and fifty cents. The fee is in addition to any other | 36846 |
| court costs or fees. The county clerk of courts may retain an | 36847 |
| amount of each additional fee collected, not to exceed three per | 36848 |
| cent of the amount of the additional fee, to be used for costs | 36849 |
| directly related to the collection of the fee and the forwarding | 36850 |
| of the fee to the treasurer of state. | 36851 |
| (B) The additional fees collected, but not retained, under | 36852 |
| this section during each month shall be forwarded not later than | 36853 |
| the tenth day of the immediately following month to the treasurer | 36854 |
| of state, who shall deposit the fees in the state treasury to the | 36855 |
| credit of the family violence prevention fund, which is hereby | 36856 |
| created. A person or government entity that fails to forward the | 36857 |
| fees in a timely manner, as determined by the treasurer of state, | 36858 |
| shall forward to the treasurer of state, in addition to the fees, | 36859 |
| a penalty equal to ten per cent of the fees. | 36860 |
| The treasurer of state shall invest the moneys in the fund. | 36861 |
| All earnings resulting from investment of the fund shall be | 36862 |
| credited to the fund, except that actual administration costs | 36863 |
| incurred by the treasurer of state in administering the fund may | 36864 |
| be deducted from the earnings resulting from investments. The | 36865 |
| amount that may be deducted shall not exceed three per cent of the | 36866 |
| total amount of fees credited to the fund in each fiscal year. The | 36867 |
| balance of the investment earnings shall be credited to the fund. | 36868 |
| (C) The director of public safety shall use money credited to | 36869 |
| the fund to provide grants to family violence shelters in Ohio. | 36870 |
| Sec. 3709.29. If the estimated amount of money necessary to | 36871 |
| meet the expenses of a general health district program will not be | 36872 |
| forthcoming to the board of health of | 36873 |
| district health fund because the taxes within the ten-mill | 36874 |
| limitation will be insufficient, the board of health shall certify | 36875 |
| 36876 | |
| program to the board of county commissioners of the county in | 36877 |
| which | 36878 |
| commissioners is | 36879 |
| authority for the purposes of this section only, and, | 36880 |
| notwithstanding any other law to the contrary, the board of county | 36881 |
| commissioners of any county in which a general health district is | 36882 |
| located is the taxing authority for | 36883 |
| section
outside the ten-mill limitation. | 36884 |
| Upon receipt of the board of health's certification, the | 36885 |
| board of county
commissioners | 36886 |
| preceding that in
which | 36887 |
| will be effective, by vote of two-thirds of all the members of | 36888 |
| that body, shall declare by resolution that the amount of taxes | 36889 |
| 36890 | |
| insufficient to provide an adequate amount for the necessary | 36891 |
| requirements of | 36892 |
| is necessary to levy a tax in excess of | 36893 |
| order to provide the board of health with sufficient funds to | 36894 |
| carry out | 36895 |
| space and utilities. | 36896 |
| board of elections not later than four p.m. of the seventy-fifth | 36897 |
| day before the day of the relevant primary or general
election | 36898 |
| | 36899 |
|
rate | 36900 |
| during
which | 36901 |
| shall not be for a longer period than ten years. The | 36902 |
| | 36903 |
| Revised Code and be certified and submitted in the manner provided | 36904 |
| in section 5705.25 of the Revised Code, provided that the proposal | 36905 |
| shall be placed on the ballot at the next primary or general | 36906 |
| election occurring more than seventy-five days after the | 36907 |
| resolution is filed with the board of elections. | 36908 |
| Sec. 3709.34. (A) The | 36909 |
| legislative authority of any city may furnish suitable quarters | 36910 |
| for any board of health or health department having jurisdiction | 36911 |
| over all or a major part of | 36912 |
| (B)(1) Subject to division (B)(6) of this section, through | 36913 |
| fiscal year 2006, the board of county commissioners shall provide | 36914 |
| office space and utilities for the board of health having | 36915 |
| jurisdiction over the county's general health district. | 36916 |
| Thereafter, subject to division (B)(6) of this section, the board | 36917 |
| of county commissioners shall make payments as provided in | 36918 |
| divisions (B)(2) and (3) of this section for the office space and | 36919 |
| utilities until fiscal year 2010. Starting in fiscal year 2010, | 36920 |
| the board has no duty to provide office space or utilities, or to | 36921 |
| make payments for office space or utilities, for the board of | 36922 |
| health of the county's general health district. | 36923 |
| (2)(a) Not later than the thirtieth day of September 2006, | 36924 |
| 2007, and 2008, the board of county commissioners shall make a | 36925 |
| written estimate of the total cost for the ensuing fiscal year to | 36926 |
| provide office space and utilities to the board of health of the | 36927 |
| county's general health district. The estimate of total cost shall | 36928 |
| include all of the following: | 36929 |
| (i) The total square feet of space to be used by the board of | 36930 |
| health; | 36931 |
| (ii) The total square feet of any common areas that should be | 36932 |
| reasonably allocated to the board of health and the method for | 36933 |
| making this allocation; | 36934 |
| (iii) The actual cost per square foot for both the space used | 36935 |
| by and the common areas allocated to the board of health; | 36936 |
| (iv) An explanation of the method used to determine the | 36937 |
| actual cost per square foot; | 36938 |
| (v) The estimated cost of providing utilities, including an | 36939 |
| explanation of how this cost was determined; | 36940 |
| (vi) Any other estimated costs the board of county | 36941 |
| commissioners anticipates will be incurred to provide office space | 36942 |
| and utilities to the board of health, including a detailed | 36943 |
| explanation of those costs and the rationale used to determine | 36944 |
| them. | 36945 |
| (b) The board of county commissioners shall forward a copy of | 36946 |
| the estimate of total cost to the director of the board of health | 36947 |
| not later than the fifth day of October 2006, 2007, and 2008. The | 36948 |
| director shall review the estimate and notify the board of county | 36949 |
| commissioners not later than twenty days after its receipt of | 36950 |
| either agreement with it or any specific objections to it and the | 36951 |
| reasons for the objections. If the director agrees with the | 36952 |
| estimate, it shall become the final estimate of total cost. | 36953 |
| Failure of the director to make objections to the estimate by the | 36954 |
| twentieth day after its receipt shall be deemed to mean that the | 36955 |
| director is in agreement with the estimate. | 36956 |
| If the director timely provides specific objections to the | 36957 |
| board of county commissioners, the board shall review the | 36958 |
| objections and may modify the original estimate and send a revised | 36959 |
| estimate of total cost to the director within ten days after | 36960 |
| receipt of the objections. The director shall respond to a revised | 36961 |
| estimate within ten days after its receipt. If the director agrees | 36962 |
| with it, the revised estimate shall become the final estimate of | 36963 |
| total cost. If the director fails to respond within the ten-day | 36964 |
| period, the director shall be deemed to have agreed with the | 36965 |
| revised estimate. If the director disagrees with the revised | 36966 |
| estimate, the director shall send specific objections to the board | 36967 |
| of county commissioners within the ten-day period. | 36968 |
| (c) If the director sends specific objections to a revised | 36969 |
| estimate within the required time, or if there is no revised | 36970 |
| estimate and the director timely objected to the original | 36971 |
| estimate, the probate judge of the county shall determine the | 36972 |
| final estimate of total cost and certify this amount to the | 36973 |
| director and the board of county commissioners before the first | 36974 |
| day of January 2007, 2008, or 2009, as applicable. | 36975 |
| (3)(a) Subject to division (B)(6) of this section, a board of | 36976 |
| county commissioners shall be responsible for the following | 36977 |
| percentages of the final estimate of total cost established by | 36978 |
| division (B)(2) of this section: | 36979 |
| (i) Sixty per cent for fiscal year 2007; | 36980 |
| (ii) Forty per cent for fiscal year 2008; | 36981 |
| (iii) Twenty per cent for fiscal year 2009. | 36982 |
| (b) In fiscal years 2007, 2008, and 2009, the board of health | 36983 |
| of the county's general health district shall be responsible for | 36984 |
| the payment of the remainder of any costs incurred in excess of | 36985 |
| the amount payable under division (B)(3)(a)(i), (ii), or (iii) of | 36986 |
| this section, as applicable, for the provision of office space and | 36987 |
| utilities for the board of health, including any unanticipated or | 36988 |
| unexpected increases in costs beyond the final estimate of total | 36989 |
| cost. | 36990 |
| (c) Beginning in fiscal year 2010, the board of county | 36991 |
| commissioners has no obligation to provide office space or | 36992 |
| utilities, or to make payments for office space or utilities, for | 36993 |
| the board of health. | 36994 |
| (4) After fiscal year 2009, the board of county commissioners | 36995 |
| and the board of health of the county's general health district | 36996 |
| may enter into a contract for the board of county commissioners to | 36997 |
| provide office space for the use of the board of health and to | 36998 |
| provide utilities for that office space. The term of any such | 36999 |
| contract shall not exceed four years and may be renewed for | 37000 |
| additional periods not to exceed four years. | 37001 |
| (5) In any fiscal year, notwithstanding any contrary | 37002 |
| provision of divisions (B)(1) to (4) of this section, the board of | 37003 |
| county commissioners, in its discretion, may provide office space | 37004 |
| and utilities for the board of health of the county's general | 37005 |
| health district free of charge. | 37006 |
| (6) If the board of health of a general health district | 37007 |
| rents, leases, lease-purchases, or otherwise acquires office space | 37008 |
| to facilitate the performance of its functions, or constructs, | 37009 |
| enlarges, renovates, or otherwise modifies buildings or other | 37010 |
| structures to provide office space to facilitate the performance | 37011 |
| of its functions, the board of county commissioners of the county | 37012 |
| served by the general health district has no further obligation | 37013 |
| under division (B) of this section to provide office space or | 37014 |
| utilities, or to make payments for office space or utilities, for | 37015 |
| the board of health, unless the board of county commissioners | 37016 |
| enters into a contract under division (B)(4) of this section or | 37017 |
| exercises its option under division (B)(5) of this section. | 37018 |
| Sec. 3712.03. (A) In accordance with Chapter 119. of the | 37019 |
| Revised Code, the public health council shall adopt, and may amend | 37020 |
| and rescind, rules: | 37021 |
| (1) Providing for the licensing of persons or public agencies | 37022 |
| providing hospice care programs within this state by the | 37023 |
| department of health and for the suspension and revocation of | 37024 |
| licenses; | 37025 |
| (2) Establishing a license fee and license renewal fee not to | 37026 |
| exceed three hundred dollars. The fees shall cover the three-year | 37027 |
| period during which an existing license is valid as provided in | 37028 |
| division (B) of section 3712.04 of the Revised Code. | 37029 |
| (3) Establishing an inspection fee not to exceed one thousand | 37030 |
| seven hundred fifty dollars; | 37031 |
| (4) Establishing requirements for hospice care program | 37032 |
| facilities and services; | 37033 |
| | 37034 |
| provision of physical, occupational, or speech or language therapy | 37035 |
| contained in division (A)(2) of section 3712.01 of the Revised | 37036 |
| Code when the requirement would create a hardship because such | 37037 |
| therapy is not readily available in the geographic area served by | 37038 |
| the provider of a hospice care program; | 37039 |
| | 37040 |
| hospice care programs to persons and public agencies that are | 37041 |
| accredited or certified to provide such programs by an entity | 37042 |
| whose standards for accreditation or certification equal or exceed | 37043 |
| those provided for licensure under this chapter and rules adopted | 37044 |
| under it; and | 37045 |
| | 37046 |
| (B) Subject to the approval of the controlling board, the | 37047 |
| public health council may establish fees in excess of the amounts | 37048 |
| provided by sections 3712.01 and 3712.03 to 3712.06 of the Revised | 37049 |
| Code, provided that the fees do not exceed those amounts by | 37050 |
| greater than fifty per cent. | 37051 |
| (C) The department of health shall: | 37052 |
| (1) Grant, suspend, and revoke licenses for hospice care | 37053 |
| programs in accordance with this chapter and rules adopted under | 37054 |
| it; | 37055 |
| (2) Make such inspections as are necessary to determine | 37056 |
| whether hospice care program facilities and services meet the | 37057 |
| requirements of this chapter and rules adopted under it; and | 37058 |
| (3) Implement and enforce this chapter and rules adopted | 37059 |
| under it. | 37060 |
| Sec. 3714.07. (A)(1) For the purpose of assisting boards of | 37061 |
| health and the environmental protection agency in administering | 37062 |
| and enforcing this chapter and rules adopted under it, there is | 37063 |
| hereby levied on the disposal of construction and demolition | 37064 |
| debris at a construction and demolition debris facility that is | 37065 |
| licensed under this chapter or at a solid waste facility that is | 37066 |
| licensed under Chapter 3734. of the Revised Code a fee of thirty | 37067 |
| cents per cubic yard or sixty cents per ton, as applicable. | 37068 |
| (2) The owner or operator of a construction and demolition | 37069 |
| debris facility or a solid waste facility shall determine if cubic | 37070 |
| yards or tons will be used as the unit of measurement. In | 37071 |
| estimating the fee based on cubic yards, the owner or operator | 37072 |
| shall utilize either the maximum cubic yard capacity of the | 37073 |
| container, or the hauling volume of the vehicle, that transports | 37074 |
| the construction and demolition debris to the facility or the | 37075 |
| cubic yards actually logged for disposal by the owner or operator | 37076 |
| in accordance with rules adopted under section 3714.02 of the | 37077 |
| Revised Code. If basing the fee on tonnage, the owner or operator | 37078 |
| shall use certified scales to determine the tonnage of | 37079 |
| construction and demolition debris that is transported to the | 37080 |
| facility for disposal. | 37081 |
| (3) The owner or operator of a construction and demolition | 37082 |
| debris facility or a solid waste facility shall collect the fee | 37083 |
| levied under division (A) of this section as a trustee for the | 37084 |
| health district having jurisdiction over the facility, if that | 37085 |
| district is on the approved list under section 3714.09 of the | 37086 |
| Revised Code, or for the state. The owner or operator shall | 37087 |
| prepare and file with the appropriate board of health or the | 37088 |
| director of environmental protection monthly returns indicating | 37089 |
| the total volume or weight, as applicable, of construction and | 37090 |
| demolition debris received for disposal at the facility and the | 37091 |
| total amount of money required to be collected on the construction | 37092 |
| and demolition debris disposed of during that month. Not later | 37093 |
| than thirty days after the last day of the month to which the | 37094 |
| return applies, the owner or operator shall mail to the board of | 37095 |
| health or the director the return for that month together with the | 37096 |
| money required to be collected on the construction and demolition | 37097 |
| debris disposed of during that month. The owner or operator may | 37098 |
| request, in writing, an extension of not more than thirty days | 37099 |
| after the last day of the month to which the return applies. A | 37100 |
| request for extension may be denied. If the owner or operator | 37101 |
| submits the money late, the owner or operator shall pay a penalty | 37102 |
| of ten per cent of the amount of the money due for each month that | 37103 |
| it is late. | 37104 |
| (4) Of the money that is collected from a construction and | 37105 |
| demolition debris facility or a solid waste facility on a per | 37106 |
| cubic yard or per ton basis under this section, a board of health | 37107 |
| shall transmit three cents per cubic yard or six cents per ton, as | 37108 |
| applicable, to the director not later than forty-five days after | 37109 |
| the receipt of the money. The money retained by a board of health | 37110 |
| under this section shall be paid into a special fund, which is | 37111 |
| hereby created in each health district, and used solely to | 37112 |
| administer and enforce this chapter and rules adopted under it. | 37113 |
| The director shall transmit all money received from the | 37114 |
| boards of health of health districts under this section and all | 37115 |
| money from the disposal fee collected by the director under this | 37116 |
| section to the treasurer of state to be credited to the | 37117 |
| construction and demolition debris facility oversight fund, which | 37118 |
| is hereby created in the state treasury. The fund shall be | 37119 |
| administered by the director, and money credited to the fund shall | 37120 |
| be used exclusively for the administration and enforcement of this | 37121 |
| chapter and rules adopted under it. | 37122 |
| (B) The board of health of a health district or the director | 37123 |
| may enter into an agreement with the owner or operator of a | 37124 |
| construction and demolition debris facility or a solid waste | 37125 |
| facility for the quarterly payment of the money collected from the | 37126 |
| disposal fee. The board of health shall notify the director of any | 37127 |
| such agreement. Not later than forty-five days after receipt of | 37128 |
| the quarterly payment, the board of health shall transmit the | 37129 |
| amount established in division (A) | 37130 |
| director. The money retained by the board of health shall be | 37131 |
| deposited in the special fund of the district as required under | 37132 |
| that division. Upon receipt of the money from a board of health, | 37133 |
| the director shall transmit the money to the treasurer of state to | 37134 |
| be credited to the construction and demolition debris facility | 37135 |
| oversight fund. | 37136 |
| (C) If a construction and demolition debris facility or a | 37137 |
| solid waste facility is located within the territorial boundaries | 37138 |
| of a municipal corporation or the unincorporated area of a | 37139 |
| township, the municipal corporation or township may appropriate up | 37140 |
| to four cents per cubic yard or up to eight cents per ton of the | 37141 |
| disposal fee required to be paid by the facility under division | 37142 |
| (A) of this section for the same purposes that a municipal | 37143 |
| corporation or township may levy a fee under division (C) of | 37144 |
| section 3734.57 of the Revised Code. | 37145 |
| The legislative authority of the municipal corporation or | 37146 |
| township may appropriate the money from the fee by enacting an | 37147 |
| ordinance or adopting a resolution establishing the amount of the | 37148 |
| fee to be appropriated. Upon doing so, the legislative authority | 37149 |
| shall mail a certified copy of the ordinance or resolution to the | 37150 |
| board of health of the health district in which the construction | 37151 |
| and demolition debris facility or the solid waste facility is | 37152 |
| located or, if the facility is located in a health district that | 37153 |
| is not on the approved list under section 3714.09 of the Revised | 37154 |
| Code, to the director. Upon receipt of the copy of the ordinance | 37155 |
| or resolution and not later than forty-five days after receipt of | 37156 |
| money collected from the fee, the board or the director, as | 37157 |
| applicable, shall transmit to the treasurer or other appropriate | 37158 |
| officer of the municipal corporation or clerk of the township that | 37159 |
| portion of the money collected from the disposal fee by the owner | 37160 |
| or operator of the facility that is required by the ordinance or | 37161 |
| resolution to be paid to that municipal corporation or township. | 37162 |
| Money received by the treasurer or other appropriate officer | 37163 |
| of a municipal corporation under this division shall be paid into | 37164 |
| the general fund of the municipal corporation. Money received by | 37165 |
| the clerk of a township under this division shall be paid into the | 37166 |
| general fund of the township. The treasurer or other officer of | 37167 |
| the municipal corporation or the clerk of the township, as | 37168 |
| appropriate, shall maintain separate records of the money received | 37169 |
| under this division. | 37170 |
| The legislative authority of a municipal corporation or | 37171 |
| township may cease collecting money under this division by | 37172 |
| repealing the ordinance or resolution that was enacted or adopted | 37173 |
| under this division. | 37174 |
| (D) The board of county commissioners of a county in which a | 37175 |
| construction and demolition debris facility or a solid waste | 37176 |
| facility is located may appropriate up to three cents per cubic | 37177 |
| yard or up to six cents per ton of the disposal fee required to be | 37178 |
| paid by the facility under division (A) of this section for the | 37179 |
| same purposes that a solid waste management district may levy a | 37180 |
| fee under division (B) of section 3734.57 of the Revised Code. | 37181 |
| The board of county commissioners may appropriate the money | 37182 |
| from the fee by adopting a resolution establishing the amount of | 37183 |
| the fee to be appropriated. Upon doing so, the board of county | 37184 |
| commissioners shall mail a certified copy of the resolution to the | 37185 |
| board of health of the health district in which the construction | 37186 |
| and demolition debris facility or the solid waste facility is | 37187 |
| located or, if the facility is located in a health district that | 37188 |
| is not on the approved list under section 3714.09 of the Revised | 37189 |
| Code, to the director. Upon receipt of the copy of the resolution | 37190 |
| and not later than forty-five days after receipt of money | 37191 |
| collected from the fee, the board of health or the director, as | 37192 |
| applicable, shall transmit to the treasurer of the county that | 37193 |
| portion of the money collected from the disposal fee by the owner | 37194 |
| or operator of the facility that is required by the resolution to | 37195 |
| be paid to that county. | 37196 |
| Money received by a county treasurer under this division | 37197 |
| shall be paid into the general fund of the county. The county | 37198 |
| treasurer shall maintain separate records of the money received | 37199 |
| under this division. | 37200 |
| A board of county commissioners may cease collecting money | 37201 |
| under this division by repealing the resolution that was adopted | 37202 |
| under this division. | 37203 |
| (E)(1) This section does not apply to the disposal of | 37204 |
| construction and demolition debris at a solid waste facility that | 37205 |
| is licensed under Chapter 3734. of the Revised Code if there is no | 37206 |
| construction and demolition debris facility licensed under this | 37207 |
| chapter within | 37208 |
| as determined by a facility's property boundaries. | 37209 |
| (2) This section does not apply to the disposal of | 37210 |
| construction and demolition debris at a solid waste facility that | 37211 |
| is licensed under Chapter 3734. of the Revised Code if the owner | 37212 |
| or operator of the facility chooses to collect fees on the | 37213 |
| disposal of the construction and demolition debris that are | 37214 |
| identical to the fees that are collected under Chapters 343. and | 37215 |
| 3734. of the Revised Code on the disposal of solid wastes at that | 37216 |
| facility. | 37217 |
| (3) This section does not apply to the disposal of source | 37218 |
| separated materials that are exclusively composed of reinforced or | 37219 |
| nonreinforced concrete, asphalt, clay tile, building or paving | 37220 |
| brick, or building or paving stone at a construction and | 37221 |
| demolition debris facility that is licensed under this chapter | 37222 |
| when either of the following applies: | 37223 |
| (a) The materials are placed within the limits of | 37224 |
| construction and demolition debris placement at the facility as | 37225 |
| specified in the license issued to the facility under section | 37226 |
| 3714.06 of the Revised Code, are not placed within the unloading | 37227 |
| zone of the facility, and are used as a fire prevention measure in | 37228 |
| accordance with rules adopted by the director under section | 37229 |
| 3714.02 of the Revised Code. | 37230 |
| (b) The materials are not placed within the unloading zone of | 37231 |
| the facility or within the limits of construction and demolition | 37232 |
| debris placement at the facility as specified in the license | 37233 |
| issued to the facility under section 3714.06 of the Revised Code, | 37234 |
| but are used as fill material, either alone or in conjunction with | 37235 |
| clean soil, sand, gravel, or other clean aggregates, in legitimate | 37236 |
| fill operations for construction purposes at the facility or to | 37237 |
| bring the facility up to a consistent grade. | 37238 |
| Sec. 3714.073. (A) In addition to the fee levied under | 37239 |
| division (A)(1) of section 3714.07 of the Revised Code, beginning | 37240 |
| July 1, 2005, there is hereby levied on the disposal of | 37241 |
| construction and demolition debris at a construction and | 37242 |
| demolition debris facility that is licensed under this chapter or | 37243 |
| at a solid waste facility that is licensed under Chapter 3734. of | 37244 |
| the Revised Code the following fees: | 37245 |
| (1) A fee of twelve and one-half cents per cubic yard or | 37246 |
| twenty-five cents per ton, as applicable, the proceeds of which | 37247 |
| shall be deposited in the state treasury to the credit of the soil | 37248 |
| and water conservation district assistance fund created in section | 37249 |
| 1515.14 of the Revised Code; | 37250 |
| (2) A fee of thirty seven and one-half cents per cubic yard | 37251 |
| or seventy-five cents per ton, as applicable, the proceeds of | 37252 |
| which shall be deposited in the state treasury to the credit of | 37253 |
| the recycling and litter prevention fund created in section | 37254 |
| 1502.02 of the Revised Code. | 37255 |
| (B) The owner or operator of a construction and demolition | 37256 |
| debris facility or a solid waste facility, as a trustee of the | 37257 |
| state, shall collect the fees levied under this section and remit | 37258 |
| the money from the fees in the manner that is established in | 37259 |
| divisions (A)(2) and (3) of section 3714.07 of the Revised Code | 37260 |
| for the fee that is levied under division (A)(1) of that section. | 37261 |
| (C) The money that is collected from a construction and | 37262 |
| demolition debris facility or a solid waste facility and remitted | 37263 |
| to a board of health or the director of environmental protection, | 37264 |
| as applicable, pursuant to this section shall be transmitted by | 37265 |
| the board or director to the treasurer of state to be credited to | 37266 |
| the soil and water conservation district assistance fund or the | 37267 |
| recycling and litter prevention fund, as applicable. | 37268 |
| (D) This section does not apply to the disposal of | 37269 |
| construction and demolition debris at a solid waste facility that | 37270 |
| is licensed under Chapter 3734. of the Revised Code if the owner | 37271 |
| or operator of the facility chooses to collect fees on the | 37272 |
| disposal of the construction and demolition debris that are | 37273 |
| identical to the fees that are collected under Chapters 343. and | 37274 |
| 3734. of the Revised Code on the disposal of solid wastes at that | 37275 |
| facility. | 37276 |
| Sec. 3715.04. (A) As used in this section: | 37277 |
| (1) "Certificate of health and freesale" means a document | 37278 |
| issued by the director of agriculture that certifies to states and | 37279 |
| countries receiving products that the products have been produced | 37280 |
| and warehoused in this state under sanitary conditions at a food | 37281 |
| processing establishment or at a place of business of a | 37282 |
| manufacturer of over-the-counter drugs or cosmetics, as | 37283 |
| applicable, that has been inspected by the department of | 37284 |
| agriculture. Other names of documents that are synonymous with | 37285 |
| "certificate of health and freesale" include, but are not limited | 37286 |
| to, "sanitary certificate of health and freesale"; "certificate of | 37287 |
| origin"; "certificate of freesale"; "certificate of health and | 37288 |
| origin"; "certificate of freesale, sanitary and purity"; and | 37289 |
| "certificate of freesale, health and origin." | 37290 |
| (2) "Food processing establishment" has the same meaning as | 37291 |
| in section 3715.021 of the Revised Code. | 37292 |
| (B) Upon the request of a food processing establishment, | 37293 |
| manufacturer of over-the-counter drugs, or manufacturer of | 37294 |
| cosmetics, the director may issue a certificate of health and | 37295 |
| freesale after determining that conditions at the establishment or | 37296 |
| place of business of the manufacturer, as applicable, have been | 37297 |
| found to be sanitary through an inspection conducted pursuant to | 37298 |
| this chapter. For each certificate issued, the director shall | 37299 |
| charge the establishment or manufacturer a fee in the amount of | 37300 |
| twenty dollars. The director shall deposit all fees collected | 37301 |
| under this section to the credit of the food safety fund created | 37302 |
| in section 915.24 of the Revised Code. | 37303 |
| Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and | 37304 |
| 3721.99 of the Revised Code: | 37305 |
| (1)(a) "Home" means an institution, residence, or facility | 37306 |
| that provides, for a period of more than twenty-four hours, | 37307 |
| whether for a consideration or not, accommodations to three or | 37308 |
| more unrelated individuals who are dependent upon the services of | 37309 |
| others, including a nursing home, residential care facility, home | 37310 |
| for the aging, and a veterans' home operated under Chapter 5907. | 37311 |
| of the Revised Code. | 37312 |
| (b) "Home" also means both of the following: | 37313 |
| (i) Any facility that a person, as defined in section 3702.51 | 37314 |
| of the Revised Code, proposes for certification as a skilled | 37315 |
| nursing facility or nursing facility under Title XVIII or XIX of | 37316 |
| the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, | 37317 |
| as amended, and for which a certificate of need, other than a | 37318 |
| certificate to recategorize hospital beds as described in section | 37319 |
| 3702.522 of the Revised Code or division (R)(7)(d) of the version | 37320 |
| of section 3702.51 of the Revised Code in effect immediately prior | 37321 |
| to April 20, 1995, has been granted to the person under sections | 37322 |
| 3702.51 to 3702.62 of the Revised Code after August 5, 1989; | 37323 |
| (ii) A county home or district home that is or has been | 37324 |
| licensed as a residential care facility. | 37325 |
| (c) "Home" does not mean any of the following: | 37326 |
| (i) Except as provided in division (A)(1)(b) of this section, | 37327 |
| a public hospital or hospital as defined in section 3701.01 or | 37328 |
| 5122.01 of the Revised Code; | 37329 |
| (ii) A residential facility for mentally ill persons as | 37330 |
| defined under section 5119.22 of the Revised Code; | 37331 |
| (iii) A residential facility as defined in section 5123.19 of | 37332 |
| the Revised Code; | 37333 |
| (iv) | 37334 |
| 37335 |
| | 37336 |
| 3724.01 of the Revised Code; | 37337 |
| | 37338 |
| of the Revised Code; | 37339 |
| | 37340 |
| section 3793.01 of the Revised Code; | 37341 |
| | 37342 |
| treatment under section 3793.11 of the Revised Code; | 37343 |
| | 37344 |
| the department of mental retardation and developmental | 37345 |
| disabilities under section 5123.18 of the Revised Code; | 37346 |
| | 37347 |
| licensed under section 3712.04 of the Revised Code that is used | 37348 |
| exclusively for care of hospice patients; | 37349 |
| | 37350 |
| operated by a religious order, provides care exclusively to | 37351 |
| members of religious orders who take vows of celibacy and live by | 37352 |
| virtue of their vows within the orders as if related, and does not | 37353 |
| participate in the medicare program established under Title XVIII | 37354 |
| of the "Social Security Act" or the medical assistance program | 37355 |
| established under Chapter 5111. of the Revised Code and Title XIX | 37356 |
| of the "Social Security Act," if on January 1, 1994, the facility, | 37357 |
| infirmary, or entity was providing care exclusively to members of | 37358 |
| the religious order; | 37359 |
| | 37360 |
| licensed as a residential care facility. | 37361 |
| (2) "Unrelated individual" means one who is not related to | 37362 |
| the owner or operator of a home or to the spouse of the owner or | 37363 |
| operator as a parent, grandparent, child, grandchild, brother, | 37364 |
| sister, niece, nephew, aunt, uncle, or as the child of an aunt or | 37365 |
| uncle. | 37366 |
| (3) "Mental impairment" does not mean mental illness as | 37367 |
| defined in section 5122.01 of the Revised Code or mental | 37368 |
| retardation as defined in section 5123.01 of the Revised Code. | 37369 |
| (4) "Skilled nursing care" means procedures that require | 37370 |
| technical skills and knowledge beyond those the untrained person | 37371 |
| possesses and that are commonly employed in providing for the | 37372 |
| physical, mental, and emotional needs of the ill or otherwise | 37373 |
| incapacitated. "Skilled nursing care" includes, but is not limited | 37374 |
| to, the following: | 37375 |
| (a) Irrigations, catheterizations, application of dressings, | 37376 |
| and supervision of special diets; | 37377 |
| (b) Objective observation of changes in the patient's | 37378 |
| condition as a means of analyzing and determining the nursing care | 37379 |
| required and the need for further medical diagnosis and treatment; | 37380 |
| (c) Special procedures contributing to rehabilitation; | 37381 |
| (d) Administration of medication by any method ordered by a | 37382 |
| physician, such as hypodermically, rectally, or orally, including | 37383 |
| observation of the patient after receipt of the medication; | 37384 |
| (e) Carrying out other treatments prescribed by the physician | 37385 |
| that involve a similar level of complexity and skill in | 37386 |
| administration. | 37387 |
| (5)(a) "Personal care services" means services including, but | 37388 |
| not limited to, the following: | 37389 |
| (i) Assisting residents with activities of daily living; | 37390 |
| (ii) Assisting residents with self-administration of | 37391 |
| medication, in accordance with rules adopted under section 3721.04 | 37392 |
| of the Revised Code; | 37393 |
| (iii) Preparing special diets, other than complex therapeutic | 37394 |
| diets, for residents pursuant to the instructions of a physician | 37395 |
| or a licensed dietitian, in accordance with rules adopted under | 37396 |
| section 3721.04 of the Revised Code. | 37397 |
| (b) "Personal care services" does not include "skilled | 37398 |
| nursing care" as defined in division (A)(4) of this section. A | 37399 |
| facility need not provide more than one of the services listed in | 37400 |
| division (A)(5)(a) of this section to be considered to be | 37401 |
| providing personal care services. | 37402 |
| (6) "Nursing home" means a home used for the reception and | 37403 |
| care of individuals who by reason of illness or physical or mental | 37404 |
| impairment require skilled nursing care and of individuals who | 37405 |
| require personal care services but not skilled nursing care. A | 37406 |
| nursing home is licensed to provide personal care services and | 37407 |
| skilled nursing care. | 37408 |
| (7) "Residential care facility" means a home that provides | 37409 |
| either of the following: | 37410 |
| (a) Accommodations for seventeen or more unrelated | 37411 |
| individuals and supervision and personal care services for three | 37412 |
| or more of those individuals who are dependent on the services of | 37413 |
| others by reason of age or physical or mental impairment; | 37414 |
| (b) Accommodations for three or more unrelated individuals, | 37415 |
| supervision and personal care services for at least three of those | 37416 |
| individuals who are dependent on the services of others by reason | 37417 |
| of age or physical or mental impairment, and, to at least one of | 37418 |
| those individuals, any of the skilled nursing care authorized by | 37419 |
| section 3721.011 of the Revised Code. | 37420 |
| (8) "Home for the aging" means a home that provides services | 37421 |
| as a residential care facility and a nursing home, except that the | 37422 |
| home provides its services only to individuals who are dependent | 37423 |
| on the services of others by reason of both age and physical or | 37424 |
| mental impairment. | 37425 |
| The part or unit of a home for the aging that provides | 37426 |
| services only as a residential care facility is licensed as a | 37427 |
| residential care facility. The part or unit that may provide | 37428 |
| skilled nursing care beyond the extent authorized by section | 37429 |
| 3721.011 of the Revised Code is licensed as a nursing home. | 37430 |
| (9) "County home" and "district home" mean a county home or | 37431 |
| district home operated under Chapter 5155. of the Revised Code. | 37432 |
| (B) The public health council may further classify homes. For | 37433 |
| the purposes of this chapter, any residence, institution, hotel, | 37434 |
| congregate housing project, or similar facility that meets the | 37435 |
| definition of a home under this section is such a home regardless | 37436 |
| of how the facility holds itself out to the public. | 37437 |
| (C) For purposes of this chapter, personal care services or | 37438 |
| skilled nursing care shall be considered to be provided by a | 37439 |
| facility if they are provided by a person employed by or | 37440 |
| associated with the facility or by another person pursuant to an | 37441 |
| agreement to which neither the resident who receives the services | 37442 |
| nor the resident's sponsor is a party. | 37443 |
| (D) Nothing in division (A)(4) of this section shall be | 37444 |
| construed to permit skilled nursing care to be imposed on an | 37445 |
| individual who does not require skilled nursing care. | 37446 |
| Nothing in division (A)(5) of this section shall be construed | 37447 |
| to permit personal care services to be imposed on an individual | 37448 |
| who is capable of performing the activity in question without | 37449 |
| assistance. | 37450 |
| (E) Division (A)(1)(c) | 37451 |
| prohibit a facility, infirmary, or other entity described in that | 37452 |
| division from seeking licensure under sections 3721.01 to 3721.09 | 37453 |
| of the Revised Code or certification under Title XVIII or XIX of | 37454 |
| the "Social Security Act." However, such a facility, infirmary, or | 37455 |
| entity that applies for licensure or certification must meet the | 37456 |
| requirements of those sections or titles and the rules adopted | 37457 |
| under them and obtain a certificate of need from the director of | 37458 |
| health under section 3702.52 of the Revised Code. | 37459 |
| (F) Nothing in this chapter, or rules adopted pursuant to it, | 37460 |
| shall be construed as authorizing the supervision, regulation, or | 37461 |
| control of the spiritual care or treatment of residents or | 37462 |
| patients in any home who rely upon treatment by prayer or | 37463 |
| spiritual means in accordance with the creed or tenets of any | 37464 |
| recognized church or religious denomination. | 37465 |
| Sec. 3721.011. (A) In addition to providing accommodations, | 37466 |
| supervision, and personal care services to its residents, a | 37467 |
| residential care facility may provide skilled nursing care as | 37468 |
| follows: | 37469 |
| (1) Supervision of special diets; | 37470 |
| (2) Application of dressings, in accordance with rules | 37471 |
| adopted under section 3721.04 of the Revised Code; | 37472 |
| (3) Providing for the administration of medication to | 37473 |
| residents, to the extent authorized under division (B)(1) of this | 37474 |
| section; | 37475 |
| (4) Other skilled nursing care provided on a part-time, | 37476 |
| intermittent basis pursuant to division (C) of this section. | 37477 |
| A residential care facility may not admit or retain an | 37478 |
| individual requiring skilled nursing care that is not authorized | 37479 |
| by this section. A residential care facility may not provide | 37480 |
| skilled nursing care beyond the limits established by this | 37481 |
| section. | 37482 |
| (B)(1) A residential care facility may admit or retain an | 37483 |
| individual requiring medication, including biologicals, only if | 37484 |
| the individual's personal physician has determined in writing that | 37485 |
| the individual is capable of self-administering the medication or | 37486 |
| the facility provides for the medication to be administered to the | 37487 |
| individual by a home health agency certified under Title XVIII of | 37488 |
| the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, | 37489 |
| as amended; a hospice care program licensed under Chapter 3712. of | 37490 |
| the Revised Code; or a member of the staff of the residential care | 37491 |
| facility who is qualified to perform medication administration. | 37492 |
| Medication may be administered in a residential care facility only | 37493 |
| by the following persons authorized by law to administer | 37494 |
| medication: | 37495 |
| (a) A registered nurse licensed under Chapter 4723. of the | 37496 |
| Revised Code; | 37497 |
| (b) A licensed practical nurse licensed under Chapter 4723. | 37498 |
| of the Revised Code who holds proof of successful completion of a | 37499 |
| course in medication administration approved by the board of | 37500 |
| nursing and who administers the medication only at the direction | 37501 |
| of a registered nurse or a physician authorized under Chapter | 37502 |
| 4731. of the Revised Code to practice medicine and surgery or | 37503 |
| osteopathic medicine and surgery; | 37504 |
| (c) A medication aide certified under Chapter 4723. of the | 37505 |
| Revised Code; | 37506 |
| (d) A physician authorized under Chapter 4731. of the Revised | 37507 |
| Code to practice medicine and surgery or osteopathic medicine and | 37508 |
| surgery. | 37509 |
| (2) In assisting a resident with self-administration of | 37510 |
| medication, any member of the staff of a residential care facility | 37511 |
| may do the following: | 37512 |
| (a) Remind a resident when to take medication and watch to | 37513 |
| ensure that the resident follows the directions on the container; | 37514 |
| (b) Assist a resident by taking the medication from the | 37515 |
| locked area where it is stored, in accordance with rules adopted | 37516 |
| pursuant to section 3721.04 of the Revised Code, and handing it to | 37517 |
| the resident. If the resident is physically unable to open the | 37518 |
| container, a staff member may open the container for the resident. | 37519 |
| (c) Assist a physically impaired but mentally alert resident, | 37520 |
| such as a resident with arthritis, cerebral palsy, or Parkinson's | 37521 |
| disease, in removing oral or topical medication from containers | 37522 |
| and in consuming or applying the medication, upon request by or | 37523 |
| with the consent of the resident. If a resident is physically | 37524 |
| unable to place a dose of medicine to the resident's mouth without | 37525 |
| spilling it, a staff member may place the dose in a container and | 37526 |
| place the container to the mouth of the resident. | 37527 |
| (C) A residential care facility may admit or retain | 37528 |
| individuals who require skilled nursing care beyond the | 37529 |
| supervision of special diets, application of dressings, or | 37530 |
| administration of medication, only if the care will be provided on | 37531 |
| a part-time, intermittent basis for not more than a total of one | 37532 |
| hundred twenty days in any twelve-month period. In accordance with | 37533 |
| Chapter 119. of the Revised Code, the public health council shall | 37534 |
| adopt rules specifying what constitutes the need for skilled | 37535 |
| nursing care on a part-time, intermittent basis. The council shall | 37536 |
| adopt rules that are consistent with rules pertaining to home | 37537 |
| health care adopted by the director of job and family services for | 37538 |
| the medical assistance program established under Chapter 5111. of | 37539 |
| the Revised Code. Skilled nursing care provided pursuant to this | 37540 |
| division may be provided by a home health agency certified under | 37541 |
| Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 | 37542 |
| U.S.C.A. 301, as amended, a hospice care program licensed under | 37543 |
| Chapter 3712. of the Revised Code, or a member of the staff of a | 37544 |
| residential care facility who is qualified to perform skilled | 37545 |
| nursing care. | 37546 |
| A residential care facility that provides skilled nursing | 37547 |
| care pursuant to this division shall do both of the following: | 37548 |
| (1) Evaluate each resident receiving the skilled nursing care | 37549 |
| at least once every seven days to determine whether the resident | 37550 |
| should be transferred to a nursing home; | 37551 |
| (2) Meet the skilled nursing care needs of each resident | 37552 |
| receiving the care. | 37553 |
| (D) Notwithstanding any other provision of this chapter, a | 37554 |
| residential care facility in which residents receive skilled | 37555 |
| nursing care pursuant to this section is not a nursing home. | 37556 |
| Sec. 3721.02. (A) The director of health shall license homes | 37557 |
| and establish procedures to be followed in inspecting and | 37558 |
| licensing homes. The director may inspect a home at any time. Each | 37559 |
| home shall be inspected by the director at least once prior to the | 37560 |
| issuance of a license and at least once every fifteen months | 37561 |
| thereafter. The state fire marshal or a township, municipal, or | 37562 |
| other legally constituted fire department approved by the marshal | 37563 |
| shall also inspect a home prior to issuance of a license, at least | 37564 |
| once every fifteen months thereafter, and at any other time | 37565 |
| requested by the director. A home does not have to be inspected | 37566 |
| prior to issuance of a license by the director, state fire | 37567 |
| marshal, or a fire department if ownership of the home is assigned | 37568 |
| or transferred to a different person and the home was licensed | 37569 |
| under this chapter immediately prior to the assignment or | 37570 |
| transfer. The director may enter at any time, for the purposes of | 37571 |
| investigation, any institution, residence, facility, or other | 37572 |
| structure that has been reported to the director or that the | 37573 |
| director has reasonable cause to believe is operating as a nursing | 37574 |
| home, residential care facility, or home for the aging without a | 37575 |
| valid license required by section 3721.05 of the Revised Code or, | 37576 |
| in the case of a county home or district home, is operating | 37577 |
| despite the revocation of its residential care facility license. | 37578 |
| The director may delegate the director's authority and duties | 37579 |
| under this chapter to any division, bureau, agency, or official of | 37580 |
| the department of health. | 37581 |
| (B) A single facility may be licensed both as a nursing home | 37582 |
| pursuant to this chapter and as an adult care facility pursuant to | 37583 |
| Chapter 3722. of the Revised Code if the director determines that | 37584 |
| the part or unit to be licensed as a nursing home can be | 37585 |
| maintained separate and discrete from the part or unit to be | 37586 |
| licensed as an adult care facility. | 37587 |
| (C) In determining the number of residents in a home for the | 37588 |
| purpose of licensing, the director shall consider all the | 37589 |
| individuals for whom the home provides accommodations as one group | 37590 |
| unless one of the following is the case: | 37591 |
| (1) The home is a home for the aging, in which case all the | 37592 |
| individuals in the part or unit licensed as a nursing home shall | 37593 |
| be considered as one group, and all the individuals in the part or | 37594 |
| unit licensed as a rest home shall be considered as another group. | 37595 |
| (2) The home is both a nursing home and an adult care | 37596 |
| facility. In that case, all the individuals in the part or unit | 37597 |
| licensed as a nursing home shall be considered as one group, and | 37598 |
| all the individuals in the part or unit licensed as an adult care | 37599 |
| facility shall be considered as another group. | 37600 |
| (3) The home maintains, in addition to a nursing home or | 37601 |
| residential care facility, a separate and discrete part or unit | 37602 |
| that provides accommodations to individuals who do not require or | 37603 |
| receive skilled nursing care and do not receive personal care | 37604 |
| services from the home, in which case the individuals in the | 37605 |
| separate and discrete part or unit shall not be considered in | 37606 |
| determining the number of residents in the home if the separate | 37607 |
| and discrete part or unit is in compliance with the Ohio basic | 37608 |
| building code established by the board of building standards under | 37609 |
| Chapters 3781. and 3791. of the Revised Code and the home permits | 37610 |
| the director, on request, to inspect the separate and discrete | 37611 |
| part or unit and speak with the individuals residing there, if | 37612 |
| they consent, to determine whether the separate and discrete part | 37613 |
| or unit meets the requirements of this division. | 37614 |
| (D) The director of health shall charge an application fee | 37615 |
| and an annual renewal licensing and inspection fee of one hundred | 37616 |
| 37617 | |
| home's licensed capacity. All fees collected by the director for | 37618 |
| the issuance or renewal of licenses shall be deposited into the | 37619 |
| state treasury to the credit of the general operations fund | 37620 |
| created in section 3701.83 of the Revised Code for use only in | 37621 |
| administering and enforcing this chapter and rules adopted under | 37622 |
| it. | 37623 |
| (E)(1) Except as otherwise provided in this section, the | 37624 |
| results of an inspection or investigation of a home that is | 37625 |
| conducted under this section, including any statement of | 37626 |
| deficiencies and all findings and deficiencies cited in the | 37627 |
| statement on the basis of the inspection or investigation, shall | 37628 |
| be used solely to determine the home's compliance with this | 37629 |
| chapter or another chapter of the Revised Code in any action or | 37630 |
| proceeding other than an action commenced under division (I) of | 37631 |
| section 3721.17 of the Revised Code. Those results of an | 37632 |
| inspection or investigation, that statement of deficiencies, and | 37633 |
| the findings and deficiencies cited in that statement shall not be | 37634 |
| used in any court or in any action or proceeding that is pending | 37635 |
| in any court and are not admissible in evidence in any action or | 37636 |
| proceeding unless that action or proceeding is an appeal of an | 37637 |
| action by the department of health under this chapter or is an | 37638 |
| action by any department or agency of the state to enforce this | 37639 |
| chapter or another chapter of the Revised Code. | 37640 |
| (2) Nothing in division (E)(1) of this section prohibits the | 37641 |
| results of an inspection or investigation conducted under this | 37642 |
| section from being used in a criminal investigation or | 37643 |
| prosecution. | 37644 |
| Sec. 3721.03. | 37645 |
| the same meaning as in section 1.59 of the Revised Code. | 37646 |
| (B) The director of health shall enforce the provisions of | 37647 |
| sections 3721.01 to | 37648 |
| Code and may issue orders to secure compliance with the provisions | 37649 |
| of these sections and the rules adopted under them. The director | 37650 |
| may hold hearings, issue subpoenas, compel testimony, and make | 37651 |
|
adjudications. | 37652 |
| The director may issue an order revoking a license in the | 37653 |
| event the director finds, upon hearing or opportunity afforded | 37654 |
| 37655 | |
| the following apply to a person | 37656 |
| 37657 | |
|
3721.07 of the Revised Code | 37658 |
| (1) Has violated any of the provisions of Chapter 3721. of | 37659 |
| the Revised Code or rules adopted by the public health council | 37660 |
| under it; | 37661 |
| (2) Has violated any
order issued by the director; | 37662 |
| (3) Is not, or any of its principals are not suitable, | 37663 |
| morally or financially to operate such an
institution; | 37664 |
| (4) Is not furnishing humane, kind, and adequate treatment | 37665 |
| and care | 37666 |
| 37667 |
| (5) Has had a long-standing pattern of violations of this | 37668 |
| chapter or the rules adopted under it that has caused physical, | 37669 |
| emotional, mental, or psychosocial harm to one or more residents. | 37670 |
| 37671 |
| Upon the issuance of any order of revocation, the person | 37672 |
| whose license is revoked, or the county home or district home that | 37673 |
| has its license revoked, may appeal in accordance with Chapter | 37674 |
| 119. of the Revised Code. | 37675 |
| | 37676 |
| 37677 | |
| 37678 | |
| 37679 | |
| 37680 | |
| 37681 | |
| 37682 | |
| 37683 | |
| 37684 | |
| 37685 | |
| 37686 |
| | 37687 |
| 37688 | |
| 37689 | |
| 37690 | |
| 37691 | |
| Once the director notifies a person, county home, or district home | 37692 |
| licensed to operate a home that the license may be revoked or | 37693 |
| issues any order under this section, the person, county home, or | 37694 |
| district home shall not assign or transfer to another person or | 37695 |
| entity the right to operate the home. This prohibition shall | 37696 |
| remain in effect until proceedings under Chapter 119. of the | 37697 |
| Revised Code concerning the order or license revocation have been | 37698 |
| concluded or the director notifies the person, county home, or | 37699 |
| district home that the prohibition has been lifted. | 37700 |
| If a license is revoked under this section, the former | 37701 |
| license holder shall not assign or transfer or consent to | 37702 |
| assignment or transfer of the right to operate the home. Any | 37703 |
| attempted assignment or transfer to another person or entity is | 37704 |
| void. | 37705 |
| On revocation of a license, the former licensee shall take | 37706 |
| all necessary steps to cease operation of the home. | 37707 |
| The director of health shall not accept a certificate of need | 37708 |
| application under section 3702.52 of the Revised Code regarding a | 37709 |
| home if the license to operate the home has been revoked under | 37710 |
| this section. | 37711 |
| Sec. 3721.032. The state fire marshal shall enforce all | 37712 |
| statutes and rules pertaining to fire safety in homes and shall | 37713 |
| adopt rules pertaining to fire safety in homes as the marshal | 37714 |
| determines necessary. The rules adopted by the marshal shall be in | 37715 |
| addition to those fire safety rules that the board of building | 37716 |
| standards and the public health council are empowered to adopt. In | 37717 |
| the event of a dispute between the marshal and another officer | 37718 |
| having responsibilities under sections 3721.01 to 3721.09 of the | 37719 |
| Revised Code with respect to the interpretation or application of | 37720 |
| a specific fire safety statute or rule, the interpretation of the | 37721 |
| marshal shall prevail. | 37722 |
| Sec. 3721.07. Every person desiring to operate a home and | 37723 |
| the superintendent or administrator of each county home or | 37724 |
| district home for which a license as a residential care facility | 37725 |
| is sought shall apply for a license to the director of health. The | 37726 |
| director shall issue a license for the home, if after | 37727 |
| investigation of the applicant and, if required by section 3721.02 | 37728 |
| of the Revised Code, inspection of the home, the following | 37729 |
| requirements or conditions are satisfied or complied with: | 37730 |
| (A) The applicant has not been convicted of a felony or a | 37731 |
| crime involving moral turpitude; | 37732 |
| (B) The applicant is not violating any of the rules made by | 37733 |
| the public health council or any order issued by the director of | 37734 |
| health; | 37735 |
| (C) The applicant has not had a license to operate the home | 37736 |
| revoked pursuant to section 3721.03 of the Revised Code because of | 37737 |
| any act or omission that jeopardized a resident's health, welfare, | 37738 |
| or safety nor has the applicant had a long-standing pattern of | 37739 |
| violations of this chapter or rules adopted under it that caused | 37740 |
| physical, emotional, mental, or psychosocial harm to one or more | 37741 |
| residents. | 37742 |
| (D) The buildings in which the home is housed have been | 37743 |
| approved by the state fire marshal or a township, municipal, or | 37744 |
| other legally constituted fire department approved by the marshal. | 37745 |
| In the approval of a home such agencies shall apply standards | 37746 |
| prescribed by the board of building standards, and by the state | 37747 |
| fire marshal, and by section 3721.071 of the Revised Code. | 37748 |
| | 37749 |
| principal participants, if it is an association or a corporation, | 37750 |
| is or are suitable financially and morally to operate a home; | 37751 |
| | 37752 |
| adequate treatment and care; | 37753 |
| | 37754 |
| (1) Facilities for the performance of major surgical | 37755 |
| procedures; | 37756 |
| (2) Facilities for providing therapeutic radiation; | 37757 |
| (3) An emergency ward; | 37758 |
| (4) A clinical laboratory unless it is under the supervision | 37759 |
| of a clinical pathologist who is a licensed physician in this | 37760 |
| state; | 37761 |
| (5) Facilities for radiological examinations unless such | 37762 |
| examinations are performed only by a person licensed to practice | 37763 |
| medicine, surgery, or dentistry in this state. | 37764 |
| | 37765 |
| upon the written orders of a physician licensed in this state, | 37766 |
| maternity cases, boarding children, and does not house transient | 37767 |
| guests, other than participants in an adult day-care program, for | 37768 |
| twenty-four hours or less; | 37769 |
| | 37770 |
| 3721.29 of the Revised Code. | 37771 |
| When the director issues a license, the license shall remain | 37772 |
| in effect until revoked by the director or voided at the request | 37773 |
| of the applicant; provided, there shall be an annual renewal fee | 37774 |
| payable during the month of January of each calendar year. Any | 37775 |
| licensed home that does not pay its renewal fee in January shall | 37776 |
| pay, beginning the first day of February, a late fee of one | 37777 |
| hundred dollars for each week or part thereof that the renewal fee | 37778 |
| is not paid. If either the renewal fee or the late fee is not paid | 37779 |
| by the fifteenth day of February, the director may, in accordance | 37780 |
| with Chapter 119. of the Revised Code, revoke the home's license. | 37781 |
| If, under division (B)(5) of section 3721.03 of the Revised | 37782 |
| Code, the license of a person has been revoked or the license of a | 37783 |
| county home or district home to operate as a residential care | 37784 |
| facility has been revoked, the director of health shall not issue | 37785 |
| a license to the person or home at any time. A person whose | 37786 |
| license is revoked, and a county home or district home that has | 37787 |
| its license as a residential care facility revoked other than | 37788 |
| under division (B)(5) of section 3721.03 of the Revised Code, for | 37789 |
| any reason other than nonpayment of the license renewal fee or | 37790 |
| late fees | 37791 |
| this chapter until a period of one year following the date of | 37792 |
| revocation has elapsed. | 37793 |
| Any applicant who is denied a license may appeal in | 37794 |
| accordance with Chapter 119. of the Revised Code. | 37795 |
| Sec. 3721.15. (A) Authorization from a resident or a sponsor | 37796 |
| with a power of attorney for a home to manage the resident's | 37797 |
| financial affairs shall be in writing and shall be attested to by | 37798 |
| a witness who is not connected in any manner whatsoever with the | 37799 |
| home or its administrator. The home shall maintain accounts | 37800 |
| pursuant to division (A)(27) of section 3721.13 of the Revised | 37801 |
| Code. Upon the resident's transfer, discharge, or death, the | 37802 |
| account shall be closed and a final accounting made. All remaining | 37803 |
| funds shall be returned to the resident or resident's sponsor, | 37804 |
| except in the case of death, when all remaining funds shall be | 37805 |
| transferred or used in accordance with
section | 37806 |
| of the Revised Code. | 37807 |
| (B) A home that manages a resident's financial affairs shall | 37808 |
| deposit the resident's funds in excess of one hundred dollars, and | 37809 |
| may deposit the resident's funds that are one hundred dollars or | 37810 |
| less, in an interest-bearing account separate from any of the | 37811 |
| home's operating accounts. Interest earned on the resident's funds | 37812 |
| shall be credited to the resident's account. A resident's funds | 37813 |
| that are one hundred dollars or less and have not been deposited | 37814 |
| in an interest-bearing account may be deposited in a | 37815 |
| noninterest-bearing account or petty cash fund. | 37816 |
| (C) Each resident whose financial affairs are managed by a | 37817 |
| home shall be promptly notified by the home when the total of the | 37818 |
| amount of funds in the resident's accounts and the petty cash fund | 37819 |
| plus other nonexempt resources reaches two hundred dollars less | 37820 |
| than the maximum amount permitted a recipient of medicaid. The | 37821 |
| notice shall include an explanation of the potential effect on the | 37822 |
| resident's eligibility for medicaid if the amount in the | 37823 |
| resident's accounts and the petty cash fund, plus the value of | 37824 |
| other nonexempt resources, exceeds the maximum assets a medicaid | 37825 |
| recipient may retain. | 37826 |
| (D) Each home that manages the financial affairs of residents | 37827 |
| shall purchase a surety bond or otherwise provide assurance | 37828 |
| satisfactory to the director of health, or, in the case of a home | 37829 |
| that participates in the medicaid program, to the director of job | 37830 |
| and family services, to assure the security of all residents' | 37831 |
| funds managed by the home. | 37832 |
| Sec. 3721.19. (A) As used in this section: | 37833 |
| (1) "Home" and "residential care facility" have the same | 37834 |
| meanings as in section 3721.01 of the Revised Code; | 37835 |
| (2) "Sponsor" and "residents' rights advocate" have the same | 37836 |
| meanings as in section 3721.10 of the Revised Code. | 37837 |
| A home licensed under this chapter that is not a party to a | 37838 |
| provider agreement, as defined in section 5111.20 of the Revised | 37839 |
| Code, shall provide each prospective resident, before admission, | 37840 |
| with the following information, orally and in a separate written | 37841 |
| notice on which is printed in a conspicuous manner: "This home is | 37842 |
| not a participant in the medical assistance program administered | 37843 |
| by the Ohio department of job and family services. Consequently, | 37844 |
| you may be discharged from this home if you are unable to pay for | 37845 |
| the services provided by this home." | 37846 |
| If the prospective resident has a sponsor whose identity is | 37847 |
| made known to the home, the home shall also inform the sponsor, | 37848 |
| before admission of the resident, of the home's status relative to | 37849 |
| the medical assistance program. Written acknowledgement of the | 37850 |
| receipt of the information shall be provided by the resident and, | 37851 |
| if the prospective resident has a sponsor who has been identified | 37852 |
| to the home, by the sponsor. The written acknowledgement shall be | 37853 |
| made part of the resident's record by the home. | 37854 |
| No home shall terminate its status as a provider under the | 37855 |
| 37856 | |
| section 5111.66 of the Revised Code and, at least ninety days | 37857 |
| prior to such termination, provided written notice to the | 37858 |
| 37859 | |
| and their sponsors of such action. This requirement shall not | 37860 |
| apply in cases where the department of job and family services | 37861 |
| terminates a home's provider agreement or provider status. | 37862 |
| (B) A home licensed under this chapter as a residential care | 37863 |
| facility shall provide notice to each prospective resident or the | 37864 |
| individual's sponsor of the services offered by the facility and | 37865 |
| the types of skilled nursing care that the facility may provide. A | 37866 |
| residential care facility that, pursuant to section 3721.012 of | 37867 |
| the Revised Code, has a policy of entering into risk agreements | 37868 |
| with residents or their sponsors shall provide each prospective | 37869 |
| resident or the individual's sponsor a written explanation of the | 37870 |
| policy and the provisions that may be contained in a risk | 37871 |
| agreement. At the time the information is provided, the facility | 37872 |
| shall obtain a statement signed by the individual receiving the | 37873 |
| information acknowledging that the individual received the | 37874 |
| information. The facility shall maintain on file the individual's | 37875 |
| signed statement. | 37876 |
| (C) A resident has a cause of action against a home for | 37877 |
| breach of any duty imposed by this section. The action may be | 37878 |
| commenced by the resident, or on the resident's behalf by the | 37879 |
| resident's sponsor or a residents' rights advocate, by the filing | 37880 |
| of a civil action in the court of common pleas of the county in | 37881 |
| which the home is located, or in the court of common pleas of | 37882 |
| Franklin county. | 37883 |
| If the court finds that a breach of any duty imposed by this | 37884 |
| section has occurred, the court shall enjoin the home from | 37885 |
| discharging the resident from the home until arrangements | 37886 |
| satisfactory to the court are made for the orderly transfer of the | 37887 |
| resident to another mode of health care including, but not limited | 37888 |
| to, another home, and may award the resident and a person or | 37889 |
| public agency that brings an action on behalf of a resident | 37890 |
| reasonable attorney's fees. If a home discharges a resident to | 37891 |
| whom or to whose sponsor information concerning its status | 37892 |
| relative to the medical assistance program was not provided as | 37893 |
| required under this section, the court shall grant any appropriate | 37894 |
| relief including, but not limited to, actual damages, reasonable | 37895 |
| attorney's fees, and costs. | 37896 |
| Sec. 3721.21. As used in sections 3721.21 to 3721.34 of the | 37897 |
| Revised Code: | 37898 |
| (A) "Long-term care facility" means either of the following: | 37899 |
| (1) A nursing home as defined in section 3721.01 of the | 37900 |
| Revised Code, other than a nursing home or part of a nursing home | 37901 |
| certified as an intermediate care facility for the mentally | 37902 |
| retarded under Title XIX of the "Social Security Act," 49 Stat. | 37903 |
| 620 (1935), 42 U.S.C.A. 301, as amended; | 37904 |
| (2) A facility or part of a facility that is certified as a | 37905 |
| skilled nursing facility or a nursing facility under Title XVIII | 37906 |
| or XIX of the "Social Security Act." | 37907 |
| (B) "Residential care facility" has the same meaning as in | 37908 |
| section 3721.01 of the Revised Code. | 37909 |
| (C) "Abuse" means knowingly causing physical harm or | 37910 |
| recklessly causing serious physical harm to a resident by physical | 37911 |
| contact with the resident or by use of physical or chemical | 37912 |
| restraint, medication, or isolation as punishment, for staff | 37913 |
| convenience, excessively, as a substitute for treatment, or in | 37914 |
| amounts that preclude habilitation and treatment. | 37915 |
| (D) "Neglect" means recklessly failing to provide a resident | 37916 |
| with any treatment, care, goods, or service necessary to maintain | 37917 |
| the health or safety of the resident when the failure results in | 37918 |
| serious physical harm to the resident. "Neglect" does not include | 37919 |
| allowing a resident, at the resident's option, to receive only | 37920 |
| treatment by spiritual means through prayer in accordance with the | 37921 |
| tenets of a recognized religious denomination. | 37922 |
| (E) "Misappropriation" means depriving, defrauding, or | 37923 |
| otherwise obtaining the real or personal property of a resident by | 37924 |
| any means prohibited by the Revised Code, including violations of | 37925 |
| Chapter 2911. or 2913. of the Revised Code. | 37926 |
| (F) "Resident" includes a resident, patient, former resident | 37927 |
| or patient, or deceased resident or patient of a long-term care | 37928 |
| facility or a residential care facility. | 37929 |
| (G) "Physical restraint" has the same meaning as in section | 37930 |
| 3721.10 of the Revised Code. | 37931 |
| (H) "Chemical restraint" has the same meaning as in section | 37932 |
| 3721.10 of the Revised Code. | 37933 |
| (I) "Nursing and nursing-related services" means the personal | 37934 |
| care services and other services not constituting skilled nursing | 37935 |
| care that are specified in rules the public health council shall | 37936 |
| adopt in accordance with Chapter 119. of the Revised Code. | 37937 |
| (J) "Personal care services" has the same meaning as in | 37938 |
| section 3721.01 of the Revised Code. | 37939 |
| (K)(1) Except as provided in division (K)(2) of this section, | 37940 |
| " | 37941 |
| 37942 | |
| 37943 | |
| services to residents in a long-term care facility, either as a | 37944 |
| member of the staff of the facility for monetary compensation or | 37945 |
| as a volunteer without monetary compensation. | 37946 |
| (2) "Nurse aide" does not include either of the following: | 37947 |
| (a) A licensed health professional practicing within the | 37948 |
| scope of the professional's license; | 37949 |
| (b) An individual providing nursing and nursing-related | 37950 |
| services in a religious nonmedical health care institution, if the | 37951 |
| individual has been trained in the principles of nonmedical care | 37952 |
| and is recognized by the institution as being competent in the | 37953 |
| administration of care within the religious tenets practiced by | 37954 |
| the residents of the institution. | 37955 |
| (L) "Licensed health professional" means all of the | 37956 |
| following: | 37957 |
| (1) An occupational therapist or occupational therapy | 37958 |
| assistant licensed under Chapter 4755. of the Revised Code; | 37959 |
| (2) A physical therapist or physical therapy assistant | 37960 |
| licensed under Chapter 4755. of the Revised Code; | 37961 |
| (3) A physician authorized under Chapter 4731. of the Revised | 37962 |
| Code to practice medicine and surgery, osteopathic medicine and | 37963 |
| surgery, or podiatry; | 37964 |
| (4) A physician assistant authorized under Chapter 4730. of | 37965 |
| the Revised Code to practice as a physician assistant; | 37966 |
| (5) A registered nurse or licensed practical nurse licensed | 37967 |
| under Chapter 4723. of the Revised Code; | 37968 |
| (6) A social worker or independent social worker licensed | 37969 |
| under Chapter 4757. of the Revised Code or a social work assistant | 37970 |
| registered under that chapter; | 37971 |
| (7) A speech-language pathologist or audiologist licensed | 37972 |
| under Chapter 4753. of the Revised Code; | 37973 |
| (8) A dentist or dental hygienist licensed under Chapter | 37974 |
| 4715. of the Revised Code; | 37975 |
| (9) An optometrist licensed under Chapter 4725. of the | 37976 |
| Revised Code; | 37977 |
| (10) A pharmacist licensed under Chapter 4729. of the Revised | 37978 |
| Code; | 37979 |
| (11) A psychologist licensed under Chapter 4732. of the | 37980 |
| Revised Code; | 37981 |
| (12) A chiropractor licensed under Chapter 4734. of the | 37982 |
| Revised Code; | 37983 |
| (13) A nursing home administrator licensed or temporarily | 37984 |
| licensed under Chapter 4751. of the Revised Code; | 37985 |
| (14) A professional counselor or professional clinical | 37986 |
| counselor licensed under Chapter 4757. of the Revised Code. | 37987 |
| (M) "Religious nonmedical health care institution" means an | 37988 |
| institution that meets or exceeds the conditions to receive | 37989 |
| payment under the medicare program established under Title XVIII | 37990 |
| of the "Social Security Act" for inpatient hospital services or | 37991 |
| post-hospital extended care services furnished to an individual in | 37992 |
| a religious nonmedical health care institution, as defined in | 37993 |
| section 1861(ss)(1) of the "Social Security Act," 79 Stat. 286 | 37994 |
| (1965), 42 U.S.C. 1395x(ss)(1), as amended. | 37995 |
| (N) "Competency evaluation program" means a program through | 37996 |
| which the competency of a nurse aide to provide nursing and | 37997 |
| nursing-related services is evaluated. | 37998 |
| | 37999 |
| program of nurse aide training and evaluation of competency to | 38000 |
| provide nursing and nursing-related services. | 38001 |
| Sec. 3721.50. As used in sections 3721.50 to 3721.58 of the | 38002 |
| Revised Code: | 38003 |
| (A) "Hospital" has the same meaning as in section 3727.01 of | 38004 |
| the Revised Code. | 38005 |
| (B) "Inpatient days" means all days during which a resident | 38006 |
| of a nursing facility, regardless of payment source, occupies a | 38007 |
| bed in the nursing facility that is included in the facility's | 38008 |
| certified capacity under Title XIX. Therapeutic or hospital leave | 38009 |
| days for which payment is made under section 5111.26 of the | 38010 |
| Revised Code are considered inpatient days proportionate to the | 38011 |
| percentage of the facility's per resident per day rate paid for | 38012 |
| those days. | 38013 |
| (C) "Medicaid" has the same meaning as in section 5111.01 of | 38014 |
| the Revised Code. | 38015 |
| (D) "Medicaid day" means all days during which a resident who | 38016 |
| is a medicaid recipient occupies a bed in a nursing facility that | 38017 |
| is included in the facility's certified capacity under Title XIX. | 38018 |
| Therapeutic or hospital leave days for which payment is made under | 38019 |
| section 5111.26 of the Revised Code are considered medicaid days | 38020 |
| proportionate to the percentage of the nursing facility's per | 38021 |
| resident per day rate for those days. | 38022 |
| (E) "Nursing facility" has the same meaning as in section | 38023 |
| 5111.20 of the Revised Code. | 38024 |
| (F)(1) "Nursing home" means all of the following: | 38025 |
| (a) A nursing home licensed under section 3721.02 or 3721.09 | 38026 |
| of the Revised Code, including any part of a home for the aging | 38027 |
| licensed as a nursing home; | 38028 |
| (b) A facility or part of a facility, other than a hospital, | 38029 |
| that is certified as a skilled nursing facility under Title XVIII | 38030 |
| 38031 | |
| 38032 |
| (c) A nursing facility | 38033 |
| 38034 | |
| nursing facility. | 38035 |
| (2) "Nursing home" does not include | 38036 |
| (a) A county home, county nursing home, or district home | 38037 |
| operated pursuant to Chapter 5155.
of the Revised Code | 38038 |
| (b) A nursing home maintained and operated by the Ohio | 38039 |
| veterans' home agency under section 5907.01 of the Revised Code; | 38040 |
| (c) A nursing home or part of a nursing home licensed under | 38041 |
| section 3721.02 or 3721.09 of the Revised Code that is certified | 38042 |
| as an intermediate care facility for the mentally retarded under | 38043 |
| Title XIX | 38044 |
| | 38045 |
| 38046 |
| (G) "Title XIX" means Title XIX of the "Social Security Act," | 38047 |
| 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended. | 38048 |
| (H) "Title XVIII" means Title XVIII of the "Social Security | 38049 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended. | 38050 |
| Sec. 3721.51. The department of job and family services | 38051 |
| shall do all of the following: | 38052 |
| (A) | 38053 |
|
purposes specified in
| 38054 |
| Revised Code, determine an annual franchise permit fee on each | 38055 |
|
nursing home in an amount equal to
| 38056 |
| 38057 | |
| cents
for fiscal
years | 38058 |
| dollar for each fiscal year thereafter, multiplied by the product | 38059 |
| of the following: | 38060 |
| (1) The number of beds licensed as nursing home beds, plus | 38061 |
| any other beds certified as skilled nursing facility beds under | 38062 |
|
Title XVIII or nursing facility beds under Title XIX | 38063 |
| 38064 | |
| 38065 | |
| day of May of the calendar year in which the fee is determined | 38066 |
| pursuant to division (A) of section 3721.53 of the Revised Code; | 38067 |
| (2) The | 38068 |
| 38069 | |
| on the first day of July of the calendar year in which the fee is | 38070 |
| determined pursuant to division (A) of section 3721.53 of the | 38071 |
| Revised Code. | 38072 |
| (B) | 38073 |
|
purposes specified in
| 38074 |
| Revised Code, determine an annual franchise permit fee on each | 38075 |
|
hospital in an amount equal to
| 38076 |
| 38077 | |
| for
fiscal years
| 38078 |
| for each fiscal year thereafter, multiplied by the product of the | 38079 |
| following: | 38080 |
| (1) The number of beds registered pursuant to section 3701.07 | 38081 |
| of the Revised Code as skilled nursing facility beds or long-term | 38082 |
| care beds, plus any other beds licensed as nursing home beds under | 38083 |
| section 3721.02 or 3721.09 of the Revised Code, on
| 38084 |
| 38085 | |
| calendar year in which the fee is determined pursuant to division | 38086 |
| (A) of section 3721.53 of the Revised Code; | 38087 |
| (2) The | 38088 |
| 38089 | |
| on the first day of July of the calendar year in which the fee is | 38090 |
| determined pursuant to division (A) of section 3721.53 of the | 38091 |
| Revised Code. | 38092 |
| (C) If the United States centers for medicare and medicaid | 38093 |
| services determines that the franchise permit fee established by | 38094 |
|
sections
3721.50
to
3721.58 of the Revised Code | 38095 |
| impermissible health care related tax under section 1903(w) of the | 38096 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as | 38097 |
|
amended, | 38098 |
|
necessary actions to
cease implementation of | 38099 |
| 3721.50 to 3721.58 of the Revised Code in accordance with rules | 38100 |
| adopted under section 3721.58 of the Revised Code. | 38101 |
| Sec. 3721.52. (A) For the purpose of the fee under division | 38102 |
| (A) of section 3721.51 of the Revised Code, the department of | 38103 |
|
health
shall, | 38104 |
| 38105 | |
| to the department of job and family services the number of beds in | 38106 |
|
each nursing
home licensed on | 38107 |
| 38108 | |
| 3721.02 or 3721.09 of the Revised Code or certified on that date | 38109 |
|
under Title XVIII or
XIX | 38110 |
| 38111 |
| (B) For the purpose of the fee under division (B) of section | 38112 |
|
3721.51 of the Revised Code, the department of health
shall, | 38113 |
| 38114 | |
| later than the first day of each June, report to the department of | 38115 |
| job and family services the number of beds in each hospital | 38116 |
|
registered
on | 38117 |
| preceding first day of May pursuant to section 3701.07 of the | 38118 |
| Revised Code as skilled nursing facility or long-term care beds or | 38119 |
| licensed on that date under section 3721.02 or 3721.09 of the | 38120 |
| Revised Code as nursing home beds. | 38121 |
| Sec. 3721.541. (A) In addition to assessing a penalty | 38122 |
| pursuant to section 3721.54 of the Revised Code, the department of | 38123 |
| job and family services may do either of the following if a | 38124 |
| nursing facility or hospital fails to pay the full amount of a | 38125 |
| franchise permit fee installment when due: | 38126 |
| (1) Withhold an amount equal to the installment and penalty | 38127 |
| assessed under section 3721.54 of the Revised Code from a medicaid | 38128 |
| payment due the nursing facility or hospital until the nursing | 38129 |
| facility or hospital pays the installment and penalty; | 38130 |
| (2) Terminate the nursing facility or hospital's medicaid | 38131 |
| provider agreement. | 38132 |
| (B) The department may withhold a medicaid payment under | 38133 |
| division (A)(1) of this section without providing notice to the | 38134 |
| nursing facility or hospital and without conducting an | 38135 |
| adjudication under Chapter 119. of the Revised Code. | 38136 |
| Sec. 3721.56. | 38137 |
| created in the state treasury the home- and community-based | 38138 |
| services for the aged fund. Sixteen per cent of all payments and | 38139 |
| penalties paid by nursing homes and hospitals under sections | 38140 |
|
3721.53 and 3721.54 of the
Revised Code
for fiscal
| 38141 |
| 38142 | |
| 38143 | |
| 2007, and all such payments and penalties paid for subsequent | 38144 |
|
fiscal
years, shall be deposited into the | 38145 |
| 38146 | |
| 38147 | |
| services and aging shall use the moneys in the fund to fund the | 38148 |
| following in accordance with rules adopted under section 3721.58 | 38149 |
| of the Revised Code: | 38150 |
| | 38151 |
| under
Chapter
5111. of the Revised Code | 38152 |
| | 38153 |
| section 173.40 of the Revised Code; | 38154 |
| | 38155 |
| under section 173.35 of the Revised Code. | 38156 |
| | 38157 |
| 38158 | |
| 38159 | |
| 38160 | |
| 38161 | |
| 38162 | |
| 38163 | |
| 38164 | |
| 38165 | |
| 38166 |
| Sec. 3721.561. (A) There is hereby created in the state | 38167 |
| treasury the nursing facility stabilization fund. All payments and | 38168 |
| penalties paid by nursing homes and hospitals under sections | 38169 |
| 3721.53 and 3721.54 of the Revised Code that are not deposited | 38170 |
| into the home and community-based services for the aged fund shall | 38171 |
| be deposited into the fund. The department of job and family | 38172 |
| services shall use the money in the fund to make medicaid payments | 38173 |
| to nursing facilities. | 38174 |
| (B) Any money remaining in the nursing facility stabilization | 38175 |
| fund after payments specified in division (A) of this section are | 38176 |
| made shall be retained in the fund. Any interest or other | 38177 |
| investment proceeds earned on money in the fund shall be credited | 38178 |
| to the fund and used to make medicaid payments in accordance with | 38179 |
| division (A) of this section. | 38180 |
| Sec. 3721.58. The director of job and family services shall | 38181 |
| adopt rules in accordance with Chapter 119. of the Revised Code to | 38182 |
|
do
| 38183 |
| (A) Prescribe the actions the department of job and family | 38184 |
| services will take to cease implementation of sections 3721.50 | 38185 |
|
through 3721.57 of the
Revised Code if the United States | 38186 |
| 38187 | |
| services determines that the franchise permit fee established by | 38188 |
| those sections is an impermissible health-care related tax under | 38189 |
| section 1903(w) of the "Social Security Act," 49 Stat. 620 (1935), | 38190 |
| 42 U.S.C. | 38191 |
| (B) Establish the method of distributing moneys in the home | 38192 |
| and community-based services for the aged fund created under | 38193 |
| section 3721.56 of the Revised Code; | 38194 |
| (C) Establish any requirements or procedures the director | 38195 |
| considers necessary to implement sections 3721.50 to 3721.58 of | 38196 |
| the Revised Code. | 38197 |
| Sec. 3722.01. (A) As used in this chapter: | 38198 |
| (1) "Owner" means the person who owns the business of and who | 38199 |
| ultimately controls the operation of an adult care facility and to | 38200 |
| whom the manager, if different from the owner, is responsible. | 38201 |
| (2) "Manager" means the person responsible for the daily | 38202 |
| operation of an adult care facility. The manager and the owner of | 38203 |
| a facility may be the same person. | 38204 |
| (3) "Adult" means an individual eighteen years of age or | 38205 |
| older. | 38206 |
| (4) "Unrelated" means that an adult resident is not related | 38207 |
| to the owner or manager of an adult care facility or to the | 38208 |
| owner's or manager's spouse as a parent, grandparent, child, | 38209 |
| stepchild, grandchild, brother, sister, niece, nephew, aunt, or | 38210 |
| uncle, or as the child of an aunt or uncle. | 38211 |
| (5) "Skilled nursing care" means skilled nursing care as | 38212 |
| defined in section 3721.01 of the Revised Code. | 38213 |
| (6)(a) "Personal care services" means services including, but | 38214 |
| not limited to, the following: | 38215 |
| (i) Assisting residents with activities of daily living; | 38216 |
| (ii) Assisting residents with self-administration of | 38217 |
| medication, in accordance with rules adopted by the public health | 38218 |
| council pursuant to this chapter; | 38219 |
| (iii) Preparing special diets, other than complex therapeutic | 38220 |
| diets, for residents pursuant to the instructions of a physician | 38221 |
| or a licensed dietitian, in accordance with rules adopted by the | 38222 |
| public health council pursuant to this chapter. | 38223 |
| (b) "Personal care services" does not include "skilled | 38224 |
| nursing care" as defined in section 3721.01 of the Revised Code. A | 38225 |
| facility need not provide more than one of the services listed in | 38226 |
| division (A)(6)(a) of this section to be considered to be | 38227 |
| providing personal care services. | 38228 |
| (7) "Adult family home" means a residence or facility that | 38229 |
| provides accommodations to three to five unrelated adults and | 38230 |
| supervision and personal care services to at least three of those | 38231 |
| adults. | 38232 |
| (8) "Adult group home" means a residence or facility that | 38233 |
| provides accommodations to six to sixteen unrelated adults and | 38234 |
| provides supervision and personal care services to at least three | 38235 |
| of the unrelated adults. | 38236 |
| (9) "Adult care facility" means an adult family home or an | 38237 |
| adult group home. For the purposes of this chapter, any residence, | 38238 |
| facility, institution, hotel, congregate housing project, or | 38239 |
| similar facility that provides accommodations and supervision to | 38240 |
| three to sixteen unrelated adults, at least three of whom are | 38241 |
| provided personal care services, is an adult care facility | 38242 |
| regardless of how the facility holds itself out to the public. | 38243 |
| "Adult care facility" does not include: | 38244 |
| (a) A facility operated by a hospice care program licensed | 38245 |
| under section 3712.04 of the Revised Code that is used exclusively | 38246 |
| for care of hospice patients; | 38247 |
| (b) A nursing home, residential care facility, or home for | 38248 |
| the aging as defined in section 3721.01 of the Revised Code; | 38249 |
| (c) A community alternative home as defined in section | 38250 |
| 3724.01 of the Revised Code; | 38251 |
| (d) An alcohol and drug addiction program as defined in | 38252 |
| section 3793.01 of the Revised Code; | 38253 |
| (e) | 38254 |
| 38255 |
| | 38256 |
| the department of mental health under section 5119.22 of the | 38257 |
| Revised Code; | 38258 |
| | 38259 |
| under section 3793.11 of the Revised Code; | 38260 |
| | 38261 |
| of the Revised Code or otherwise regulated by the department of | 38262 |
| mental retardation and developmental disabilities; | 38263 |
| | 38264 |
| project, or similar facility that provides personal care services | 38265 |
| to fewer than three residents or that provides, for any number of | 38266 |
| residents, only housing, housekeeping, laundry, meal preparation, | 38267 |
| social or recreational activities, maintenance, security, | 38268 |
| transportation, and similar services that are not personal care | 38269 |
| services or skilled nursing care; | 38270 |
| | 38271 |
| from the department of development under any program established | 38272 |
| to provide emergency shelter housing or transitional housing for | 38273 |
| the homeless; | 38274 |
| | 38275 |
| entered into an agreement with a hospice care program under | 38276 |
| section 3712.07 of the Revised Code; | 38277 |
| | 38278 |
| under section 104(a) of the "Veterans Health Care Amendments of | 38279 |
| 1983," 97 Stat. 993, 38 U.S.C.A. 630, as amended, and used | 38280 |
| exclusively for the placement and care of veterans; | 38281 |
| | 38282 |
| which care is provided exclusively to members of a religious order | 38283 |
| if the facility is owned by or part of a nonprofit institution of | 38284 |
| higher education authorized to award degrees by the Ohio board of | 38285 |
| regents under Chapter 1713. of the Revised Code. | 38286 |
| (10) "Residents' rights advocate" means: | 38287 |
| (a) An employee or representative of any state or local | 38288 |
| government entity that has a responsibility for residents of adult | 38289 |
| care facilities and has registered with the department of health | 38290 |
| under section 3701.07 of the Revised Code; | 38291 |
| (b) An employee or representative, other than a manager or | 38292 |
| employee of an adult care facility or nursing home, of any private | 38293 |
| nonprofit corporation or association that qualifies for tax-exempt | 38294 |
| status under section 501(a) of the "Internal Revenue Code of | 38295 |
| 1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, that has | 38296 |
| registered with the department of health under section 3701.07 of | 38297 |
| the Revised Code, and whose purposes include educating and | 38298 |
| counseling residents, assisting residents in resolving problems | 38299 |
| and complaints concerning their care and treatment, and assisting | 38300 |
| them in securing adequate services. | 38301 |
| (11) "Sponsor" means an adult relative, friend, or guardian | 38302 |
| of a resident of an adult care facility who has an interest in or | 38303 |
| responsibility for the resident's welfare. | 38304 |
| (12) "Ombudsperson" means a "representative of the office of | 38305 |
| the state long-term care ombudsperson program" as defined in | 38306 |
| section 173.14 of the Revised Code. | 38307 |
| (13) "Mental health agency" means a community mental health | 38308 |
| agency, as defined in section 5119.22 of the Revised Code, under | 38309 |
| contract with a board of alcohol, drug addiction, and mental | 38310 |
| health services pursuant to division (A)(8)(a) of section 340.03 | 38311 |
| of the Revised Code. | 38312 |
| (B) For purposes of this chapter, personal care services or | 38313 |
| skilled nursing care shall be considered to be provided by a | 38314 |
| facility if they are provided by a person employed by or | 38315 |
| associated with the facility or by another person pursuant to an | 38316 |
| agreement to which neither the resident who receives the services | 38317 |
| nor the resident's sponsor is a party. | 38318 |
| (C) Nothing in division (A)(6) of this section shall be | 38319 |
| construed to permit personal care services to be imposed upon a | 38320 |
| resident who is capable of performing the activity in question | 38321 |
| without assistance. | 38322 |
| Sec. 3722.02. A person seeking a license to operate an adult | 38323 |
| care facility shall submit to the director of health an | 38324 |
| application on a form prescribed by the director and the | 38325 |
| following: | 38326 |
| (A) In the case of an adult group home seeking licensure as | 38327 |
| an adult care facility, evidence that the home has been inspected | 38328 |
| and approved by a local certified building department or by the | 38329 |
| division of industrial compliance in the department of commerce as | 38330 |
| meeting the applicable requirements of sections 3781.06 to 3781.18 | 38331 |
| and 3791.04 of the Revised Code and any rules adopted under those | 38332 |
| sections and evidence that the home has been inspected by the | 38333 |
| state fire marshal or fire prevention officer of a municipal, | 38334 |
| township, or other legally constituted fire department approved by | 38335 |
| the state fire marshal and found to be in compliance with rules | 38336 |
| adopted under section 3737.83 of the Revised Code regarding fire | 38337 |
| prevention and safety in adult group homes; | 38338 |
| (B) Valid approvals of the facility's water and sewage | 38339 |
| systems issued by the responsible governmental entity, if | 38340 |
| applicable; | 38341 |
| (C) A statement of ownership containing the following | 38342 |
| information: | 38343 |
| (1) If the owner is an individual, the owner's name, address, | 38344 |
| telephone number, business address, business telephone number, and | 38345 |
| occupation. If the owner is an association, corporation, or | 38346 |
| partnership, the business activity, address, and telephone number | 38347 |
| of the entity and the name of every person who has an ownership | 38348 |
| interest of five per cent or more in the entity. | 38349 |
| (2) If the owner does not own the building or if the owner | 38350 |
| owns only part of the building in which the facility is housed, | 38351 |
| the name of each person who has an ownership interest of five per | 38352 |
| cent or more in the building; | 38353 |
| (3) The address of any adult care facility and any facility | 38354 |
|
described in divisions (A)(9)(a) to | 38355 |
| the Revised Code in which the owner has an ownership interest of | 38356 |
| five per cent or more; | 38357 |
| (4) The identity of the manager of the adult care facility, | 38358 |
| if different from the owner; | 38359 |
| (5) The name and address of any adult care facility and any | 38360 |
|
facility described in divisions (A)(9)(a) to | 38361 |
| 3722.01 of the Revised Code with which either the owner or manager | 38362 |
| has been affiliated through ownership or employment in the five | 38363 |
| years prior to the date of the application; | 38364 |
| (6) The names and addresses of three persons not employed by | 38365 |
| or associated in business with the owner who will provide | 38366 |
| information about the character, reputation, and competence of the | 38367 |
| owner and the manager and the financial responsibility of the | 38368 |
| owner; | 38369 |
| (7) Information about any arrest of the owner or manager for, | 38370 |
| or adjudication or conviction of, a criminal offense related to | 38371 |
| the provision of care in an adult care facility or any facility | 38372 |
|
described in divisions (A)(9)(a) to | 38373 |
| the Revised Code or the ability to operate a facility; | 38374 |
| (8) Any other information the director may require regarding | 38375 |
| the owner's ability to operate the facility. | 38376 |
| (D) If the facility is an adult group home, a balance sheet | 38377 |
| showing the assets and liabilities of the owner and a statement | 38378 |
| projecting revenues and expenses for the first twelve months of | 38379 |
| the facility's operation; | 38380 |
| (E) Proof of insurance in an amount and type determined in | 38381 |
| rules adopted by the public health council pursuant to this | 38382 |
| chapter to be adequate; | 38383 |
| (F) A nonrefundable license application fee in an amount | 38384 |
| established in rules adopted by the public health council pursuant | 38385 |
| to this chapter. | 38386 |
| Sec. 3722.04. (A)(1) The director of health shall inspect, | 38387 |
| license, and regulate adult care facilities. Except as otherwise | 38388 |
| provided in division (D) of this section, the director shall issue | 38389 |
| a license to an adult care facility that meets the requirements of | 38390 |
| section 3722.02 of the Revised Code and that the director | 38391 |
| determines to be in substantial compliance with the rules adopted | 38392 |
| by the public health council pursuant to this chapter. The | 38393 |
| director shall consider the past record of the owner and manager | 38394 |
| and any individuals who are principal participants in an entity | 38395 |
| that is the owner or manager in operating facilities providing | 38396 |
| care to adults. The director may, in accordance with Chapter 119. | 38397 |
| of the Revised Code, deny a license if the past record indicates | 38398 |
| that the owner or manager is not suitable to own or manage an | 38399 |
| adult care facility. | 38400 |
| The license shall contain the name and address of the | 38401 |
| facility for which it was issued, the date of expiration of the | 38402 |
| license, and the maximum number of residents that may be | 38403 |
| accommodated by the facility. A license for an adult care facility | 38404 |
| shall be valid for a period of two years after the date of | 38405 |
| issuance. No single facility may be licensed to operate as more | 38406 |
| than one adult care facility. | 38407 |
| (2) Notwithstanding division (A)(1) of this section and | 38408 |
| sections 3722.02 and 3722.041 of the Revised Code, the director | 38409 |
| may issue a temporary license if the requirements of divisions | 38410 |
| (C), (D), and (F) of section 3722.02 of the Revised Code have been | 38411 |
| met. A temporary license shall be valid for a period of ninety | 38412 |
| days and, except as otherwise provided in division (A)(3) of | 38413 |
| section 3722.05 of the Revised Code, may be renewed, without | 38414 |
| payment of an additional application fee, for an additional ninety | 38415 |
| days. | 38416 |
| (B) The director shall renew a license for a two-year period | 38417 |
| if the facility continues to be in compliance with the | 38418 |
| requirements of this chapter and in substantial compliance with | 38419 |
| the rules adopted under this chapter. The owner shall submit a | 38420 |
| nonrefundable license renewal application fee in an amount | 38421 |
| established in rules adopted by the public health council pursuant | 38422 |
| to this chapter. Before the license of an adult group home is | 38423 |
| renewed, if any alterations have been made to the buildings, a | 38424 |
| certificate of occupancy for the facility shall have been issued | 38425 |
| by the division of industrial compliance in the department of | 38426 |
| commerce or a local certified building department. The facility | 38427 |
| shall have water and sewage system approvals, if required by law, | 38428 |
| and, in the case of an adult group home, documentation of | 38429 |
| continued compliance with the rules adopted by the state fire | 38430 |
| marshal under division (F) of section 3737.83 of the Revised Code. | 38431 |
| (C) The director shall make at least one unannounced | 38432 |
| inspection of an adult care facility during each licensure period | 38433 |
| in addition to inspecting the facility to determine whether a | 38434 |
| license should be issued or renewed, and may make additional | 38435 |
| unannounced inspections as the director considers necessary. Other | 38436 |
| inspections may be made at any time that the director considers | 38437 |
| appropriate. The director shall take all reasonable actions to | 38438 |
| avoid giving notice of an inspection by the manner in which the | 38439 |
| inspection is scheduled or performed. Not later than sixty days | 38440 |
| after the date of an inspection of a facility, the director shall | 38441 |
| send a report of the inspection to the ombudsperson in whose | 38442 |
| region the facility is located. The state fire marshal or fire | 38443 |
| prevention officer of a municipal, township, or other legally | 38444 |
| constituted fire department approved by the state fire marshal | 38445 |
| shall inspect an adult group home seeking a license or renewal | 38446 |
| under this chapter as an adult care facility prior to issuance of | 38447 |
| a license or renewal, at least once annually thereafter, and at | 38448 |
| any other time at the request of the director, to determine | 38449 |
| compliance with the rules adopted under division (F) of section | 38450 |
| 3737.83 of the Revised Code. | 38451 |
| (D) The director may waive any of the licensing requirements | 38452 |
| having to do with fire and safety requirements or building | 38453 |
| standards established by rule adopted by the public health council | 38454 |
| pursuant to this chapter upon written request of the facility. The | 38455 |
| director may grant a waiver if the director determines that the | 38456 |
| strict application of the licensing requirement would cause undue | 38457 |
| hardship to the facility and that granting the waiver would not | 38458 |
| jeopardize the health or safety of any resident. The director may | 38459 |
| provide a facility with an informal hearing concerning the denial | 38460 |
| of a waiver request, but the facility shall not be entitled to a | 38461 |
| hearing under Chapter 119. of the Revised Code unless the director | 38462 |
| takes an action that requires a hearing to be held under section | 38463 |
| 3722.05 of the Revised Code. | 38464 |
| (E)(1) Not later than thirty days after | 38465 |
| 38466 | |
| 38467 | |
| owner of an adult care facility shall submit an inspection fee of | 38468 |
| 38469 | |
| licensed: | 38470 |
| (a) Issuance or renewal of a license, other than a temporary | 38471 |
| license; | 38472 |
| (b) The unannounced inspection required by division (C) of | 38473 |
| this section; | 38474 |
| (c) If, during an inspection conducted in addition to the two | 38475 |
| inspections required by division (C) of this section, the facility | 38476 |
| was found to be in violation of this chapter or the rules adopted | 38477 |
| under it, receipt by the facility of the report of that | 38478 |
| investigation. | 38479 |
| (2) The director may revoke the license of any adult care | 38480 |
| facility that fails to submit the fee within the thirty-day | 38481 |
|
period. | 38482 |
| (3) All inspection fees received by the director, all civil | 38483 |
| penalties assessed under section 3722.08 of the Revised Code, all | 38484 |
| fines imposed under section 3722.99 of the Revised Code, and all | 38485 |
| license application and renewal application fees received under | 38486 |
| division (F) of section 3722.02 of the Revised Code or under | 38487 |
| division (B) of this section shall be deposited into the general | 38488 |
| operations fund created in section 3701.83 of the Revised Code and | 38489 |
| shall be used only to pay the costs of administering and enforcing | 38490 |
| the requirements of this chapter and rules adopted under it. | 38491 |
| (F)(1) An owner shall inform the director in writing of any | 38492 |
| changes in the information contained in the statement of ownership | 38493 |
| made pursuant to division (C) of section 3722.02 of the Revised | 38494 |
| Code or in the identity of the manager, not later than ten days | 38495 |
| after the change occurs. | 38496 |
| (2) An owner who sells or transfers an adult care facility | 38497 |
| shall be responsible and liable for the following: | 38498 |
| (a) Any civil penalties imposed against the facility under | 38499 |
| section 3722.08 of the Revised Code for violations that occur | 38500 |
| before the date of transfer of ownership or during any period in | 38501 |
| which the seller or the seller's agent operates the facility; | 38502 |
| (b) Any outstanding liability to the state, unless the buyer | 38503 |
| or transferee has agreed, as a condition of the sale or transfer, | 38504 |
| to accept the outstanding liabilities and to guarantee their | 38505 |
| payment, except that if the buyer or transferee fails to meet | 38506 |
| these obligations the seller or transferor shall remain | 38507 |
| responsible for the outstanding liability. | 38508 |
| (G) The director shall annually publish a list of licensed | 38509 |
| adult care facilities, facilities whose licenses have been revoked | 38510 |
| or not renewed, any facilities under an order suspending | 38511 |
| admissions pursuant to section 3722.07 of the Revised Code, and | 38512 |
| any facilities that have been assessed a civil penalty pursuant to | 38513 |
| section 3722.08 of the Revised Code. The director shall furnish | 38514 |
| information concerning the status of licensure of any facility to | 38515 |
| any person upon request. The director shall annually send a copy | 38516 |
| of the list to the department of job and family services, to the | 38517 |
| department of mental health, and to the department of aging. | 38518 |
| Sec. 3734.01. As used in this chapter: | 38519 |
| (A) "Board of health" means the board of health of a city or | 38520 |
| general health district or the authority having the duties of a | 38521 |
| board of health in any city as authorized by section 3709.05 of | 38522 |
| the Revised Code. | 38523 |
| (B) "Director" means the director of environmental | 38524 |
| protection. | 38525 |
| (C) "Health district" means a city or general health district | 38526 |
| as created by or under authority of Chapter 3709. of the Revised | 38527 |
| Code. | 38528 |
| (D) "Agency" means the environmental protection agency. | 38529 |
| (E) "Solid wastes" means such unwanted residual solid or | 38530 |
| semisolid material as results from industrial, commercial, | 38531 |
| agricultural, and community operations, excluding earth or | 38532 |
| material from construction, mining, or demolition operations, or | 38533 |
| other waste materials of the type that normally would be included | 38534 |
| in demolition debris, nontoxic fly ash and bottom ash, including | 38535 |
| at least ash that results from the combustion of coal and ash that | 38536 |
| results from the combustion of coal in combination with scrap | 38537 |
| tires where scrap tires comprise not more than fifty per cent of | 38538 |
| heat input in any month, spent nontoxic foundry sand, nontoxic, | 38539 |
| nonhazardous, unwanted fired and unfired, glazed and unglazed, | 38540 |
| structural shale and clay products, and slag and other substances | 38541 |
| that are not harmful or inimical to public health, and includes, | 38542 |
| but is not limited to, garbage, scrap tires, combustible and | 38543 |
| noncombustible material, street dirt, and debris. "Solid wastes" | 38544 |
| does not include | 38545 |
| (1) Any material that is an infectious waste or a hazardous | 38546 |
| waste; | 38547 |
| (2) Spent petroleum refinery hydrotreating, hydrorefining, | 38548 |
| and hydrocracking catalysts that are used to produce | 38549 |
| ferrovanadium, iron nickel molybdenum, and calcium aluminate | 38550 |
| alloys for the steel, iron, and nickel industries unless the | 38551 |
| catalysts are disposed of at a solid waste facility licensed under | 38552 |
| this chapter or are accumulated speculatively. | 38553 |
| (F) "Disposal" means the discharge, deposit, injection, | 38554 |
| dumping, spilling, leaking, emitting, or placing of any solid | 38555 |
| wastes or hazardous waste into or on any land or ground or surface | 38556 |
| water or into the air, except if the disposition or placement | 38557 |
| constitutes storage or treatment or, if the solid wastes consist | 38558 |
| of scrap tires, the disposition or placement constitutes a | 38559 |
| beneficial use or occurs at a scrap tire recovery facility | 38560 |
| licensed under section 3734.81 of the Revised Code. | 38561 |
| (G) "Person" includes the state, any political subdivision | 38562 |
| and other state or local body, the United States and any agency or | 38563 |
| instrumentality thereof, and any legal entity defined as a person | 38564 |
| under section 1.59 of the Revised Code. | 38565 |
| (H) "Open burning" means the burning of solid wastes in an | 38566 |
| open area or burning of solid wastes in a type of chamber or | 38567 |
| vessel that is not approved or authorized in rules adopted by the | 38568 |
| director under section 3734.02 of the Revised Code or, if the | 38569 |
| solid wastes consist of scrap tires, in rules adopted under | 38570 |
| division (V) of this section or section 3734.73 of the Revised | 38571 |
| Code, or the burning of treated or untreated infectious wastes in | 38572 |
| an open area or in a type of chamber or vessel that is not | 38573 |
| approved in rules adopted by the director under section 3734.021 | 38574 |
| of the Revised Code. | 38575 |
| (I) "Open dumping" means the depositing of solid wastes into | 38576 |
| a body or stream of water or onto the surface of the ground at a | 38577 |
| site that is not licensed as a solid waste facility under section | 38578 |
| 3734.05 of the Revised Code or, if the solid wastes consist of | 38579 |
| scrap tires, as a scrap tire collection, storage, monocell, | 38580 |
| monofill, or recovery facility under section 3734.81 of the | 38581 |
| Revised Code; the depositing of solid wastes that consist of scrap | 38582 |
| tires onto the surface of the ground at a site or in a manner not | 38583 |
| specifically identified in divisions (C)(2) to (5), (7), or (10) | 38584 |
| of section 3734.85 of the Revised Code; the depositing of | 38585 |
| untreated infectious wastes into a body or stream of water or onto | 38586 |
| the surface of the ground; or the depositing of treated infectious | 38587 |
| wastes into a body or stream of water or onto the surface of the | 38588 |
| ground at a site that is not licensed as a solid waste facility | 38589 |
| under section 3734.05 of the Revised Code. | 38590 |
| (J) "Hazardous waste" means any waste or combination of | 38591 |
| wastes in solid, liquid, semisolid, or contained gaseous form that | 38592 |
| in the determination of the director, because of its quantity, | 38593 |
| concentration, or physical or chemical characteristics, may do | 38594 |
| either of the following: | 38595 |
| (1) Cause or significantly contribute to an increase in | 38596 |
| mortality or an increase in serious irreversible or incapacitating | 38597 |
| reversible illness; | 38598 |
| (2) Pose a substantial present or potential hazard to human | 38599 |
| health or safety or to the environment when improperly stored, | 38600 |
| treated, transported, disposed of, or otherwise managed. | 38601 |
| "Hazardous waste" includes any substance identified by | 38602 |
| regulation as hazardous waste under the "Resource Conservation and | 38603 |
| Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as | 38604 |
| amended, and does not include any substance that is subject to the | 38605 |
| "Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as | 38606 |
| amended. | 38607 |
| (K) "Treat" or "treatment," when used in connection with | 38608 |
| hazardous waste, means any method, technique, or process designed | 38609 |
| to change the physical, chemical, or biological characteristics or | 38610 |
| composition of any hazardous waste; to neutralize the waste; to | 38611 |
| recover energy or material resources from the waste; to render the | 38612 |
| waste nonhazardous or less hazardous, safer to transport, store, | 38613 |
| or dispose of, or amenable for recovery, storage, further | 38614 |
| treatment, or disposal; or to reduce the volume of the waste. When | 38615 |
| used in connection with infectious wastes, "treat" or "treatment" | 38616 |
| means any method, technique, or process designed to render the | 38617 |
| wastes noninfectious, including, without limitation, steam | 38618 |
| sterilization and incineration, or, in the instance of wastes | 38619 |
| identified in division (R)(7) of this section, to substantially | 38620 |
| reduce or eliminate the potential for the wastes to cause | 38621 |
| lacerations or puncture wounds. | 38622 |
| (L) "Manifest" means the form used for identifying the | 38623 |
| quantity, composition, origin, routing, and destination of | 38624 |
| hazardous waste during its transportation from the point of | 38625 |
| generation to the point of disposal, treatment, or storage. | 38626 |
| (M) "Storage," when used in connection with hazardous waste, | 38627 |
| means the holding of hazardous waste for a temporary period in | 38628 |
| such a manner that it remains retrievable and substantially | 38629 |
| unchanged physically and chemically and, at the end of the period, | 38630 |
| is treated; disposed of; stored elsewhere; or reused, recycled, or | 38631 |
| reclaimed in a beneficial manner. When used in connection with | 38632 |
| solid wastes that consist of scrap tires, "storage" means the | 38633 |
| holding of scrap tires for a temporary period in such a manner | 38634 |
| that they remain retrievable and, at the end of that period, are | 38635 |
| beneficially used; stored elsewhere; placed in a scrap tire | 38636 |
| monocell or monofill facility licensed under section 3734.81 of | 38637 |
| the Revised Code; processed at a scrap tire recovery facility | 38638 |
| licensed under that section or a solid waste incineration or | 38639 |
| energy recovery facility subject to regulation under this chapter; | 38640 |
| or transported to a scrap tire monocell, monofill, or recovery | 38641 |
| facility, any other solid waste facility authorized to dispose of | 38642 |
| scrap tires, or a facility that will beneficially use the scrap | 38643 |
| tires, that is located in another state and is operating in | 38644 |
| compliance with the laws of the state in which the facility is | 38645 |
| located. | 38646 |
| (N) "Facility" means any site, location, tract of land, | 38647 |
| installation, or building used for incineration, composting, | 38648 |
| sanitary landfilling, or other methods of disposal of solid wastes | 38649 |
| or, if the solid wastes consist of scrap tires, for the | 38650 |
| collection, storage, or processing of the solid wastes; for the | 38651 |
| transfer of solid wastes; for the treatment of infectious wastes; | 38652 |
| or for the storage, treatment, or disposal of hazardous waste. | 38653 |
| (O) "Closure" means the time at which a hazardous waste | 38654 |
| facility will no longer accept hazardous waste for treatment, | 38655 |
| storage, or disposal, the time at which a solid waste facility | 38656 |
| will no longer accept solid wastes for transfer or disposal or, if | 38657 |
| the solid wastes consist of scrap tires, for storage or | 38658 |
| processing, or the effective date of an order revoking the permit | 38659 |
| for a hazardous waste facility or the registration certificate, | 38660 |
| permit, or license for a solid waste facility, as applicable. | 38661 |
| "Closure" includes measures performed to protect public health or | 38662 |
| safety, to prevent air or water pollution, or to make the facility | 38663 |
| suitable for other uses, if any, including, but not limited to, | 38664 |
| the removal of processing residues resulting from solid wastes | 38665 |
| that consist of scrap tires; the establishment and maintenance of | 38666 |
| a suitable cover of soil and vegetation over cells in which | 38667 |
| hazardous waste or solid wastes are buried; minimization of | 38668 |
| erosion, the infiltration of surface water into such cells, the | 38669 |
| production of leachate, and the accumulation and runoff of | 38670 |
| contaminated surface water; the final construction of facilities | 38671 |
| for the collection and treatment of leachate and contaminated | 38672 |
| surface water runoff, except as otherwise provided in this | 38673 |
| division; the final construction of air and water quality | 38674 |
| monitoring facilities, except as otherwise provided in this | 38675 |
| division; the final construction of methane gas extraction and | 38676 |
| treatment systems; or the removal and proper disposal of hazardous | 38677 |
| waste or solid wastes from a facility when necessary to protect | 38678 |
| public health or safety or to abate or prevent air or water | 38679 |
| pollution. With regard to a solid waste facility that is a scrap | 38680 |
| tire facility, "closure" includes the final construction of | 38681 |
| facilities for the collection and treatment of leachate and | 38682 |
| contaminated surface water runoff and the final construction of | 38683 |
| air and water quality monitoring facilities only if those actions | 38684 |
| are determined to be necessary. | 38685 |
| (P) "Premises" means either of the following: | 38686 |
| (1) Geographically contiguous property owned by a generator; | 38687 |
| (2) Noncontiguous property that is owned by a generator and | 38688 |
| connected by a right-of-way that the generator controls and to | 38689 |
| which the public does not have access. Two or more pieces of | 38690 |
| property that are geographically contiguous and divided by public | 38691 |
| or private right-of-way or rights-of-way are a single premises. | 38692 |
| (Q) "Post-closure" means that period of time following | 38693 |
| closure during which a hazardous waste facility is required to be | 38694 |
| monitored and maintained under this chapter and rules adopted | 38695 |
| under it, including, without limitation, operation and maintenance | 38696 |
| of methane gas extraction and treatment systems, or the period of | 38697 |
| time after closure during which a scrap tire monocell or monofill | 38698 |
| facility licensed under section 3734.81 of the Revised Code is | 38699 |
| required to be monitored and maintained under this chapter and | 38700 |
| rules adopted under it. | 38701 |
| (R) "Infectious wastes" includes all of the following | 38702 |
| substances or categories of substances: | 38703 |
| (1) Cultures and stocks of infectious agents and associated | 38704 |
| biologicals, including, without limitation, specimen cultures, | 38705 |
| cultures and stocks of infectious agents, wastes from production | 38706 |
| of biologicals, and discarded live and attenuated vaccines; | 38707 |
| (2) Laboratory wastes that were, or are likely to have been, | 38708 |
| in contact with infectious agents that may present a substantial | 38709 |
| threat to public health if improperly managed; | 38710 |
| (3) Pathological wastes, including, without limitation, human | 38711 |
| and animal tissues, organs, and body parts, and body fluids and | 38712 |
| excreta that are contaminated with or are likely to be | 38713 |
| contaminated with infectious agents, removed or obtained during | 38714 |
| surgery or autopsy or for diagnostic evaluation, provided that, | 38715 |
| with regard to pathological wastes from animals, the animals have | 38716 |
| or are likely to have been exposed to a zoonotic or infectious | 38717 |
| agent; | 38718 |
| (4) Waste materials from the rooms of humans, or the | 38719 |
| enclosures of animals, that have been isolated because of | 38720 |
| diagnosed communicable disease that are likely to transmit | 38721 |
| infectious agents. Such waste materials from the rooms of humans | 38722 |
| do not include any wastes of patients who have been placed on | 38723 |
| blood and body fluid precautions under the universal precaution | 38724 |
| system established by the centers for disease control in the | 38725 |
| public health service of the United States department of health | 38726 |
| and human services, except to the extent specific wastes generated | 38727 |
| under the universal precautions system have been identified as | 38728 |
| infectious wastes by rules adopted under division (R)(8) of this | 38729 |
| section. | 38730 |
| (5) Human and animal blood specimens and blood products that | 38731 |
| are being disposed of, provided that, with regard to blood | 38732 |
| specimens and blood products from animals, the animals were or are | 38733 |
| likely to have been exposed to a zoonotic or infectious agent. | 38734 |
| "Blood products" does not include patient care waste such as | 38735 |
| bandages or disposable gowns that are lightly soiled with blood or | 38736 |
| other body fluids unless those wastes are soiled to the extent | 38737 |
| that the generator of the wastes determines that they should be | 38738 |
| managed as infectious wastes. | 38739 |
| (6) Contaminated carcasses, body parts, and bedding of | 38740 |
| animals that were intentionally exposed to infectious agents from | 38741 |
| zoonotic or human diseases during research, production of | 38742 |
| biologicals, or testing of pharmaceuticals, and carcasses and | 38743 |
| bedding of animals otherwise infected by zoonotic or infectious | 38744 |
| agents that may present a substantial threat to public health if | 38745 |
| improperly managed; | 38746 |
| (7) Sharp wastes used in the treatment, diagnosis, or | 38747 |
| inoculation of human beings or animals or that have, or are likely | 38748 |
| to have, come in contact with infectious agents in medical, | 38749 |
| research, or industrial laboratories, including, without | 38750 |
| limitation, hypodermic needles and syringes, scalpel blades, and | 38751 |
| glass articles that have been broken; | 38752 |
| (8) Any other waste materials generated in the diagnosis, | 38753 |
| treatment, or immunization of human beings or animals, in research | 38754 |
| pertaining thereto, or in the production or testing of | 38755 |
| biologicals, that the public health council created in section | 38756 |
| 3701.33 of the Revised Code, by rules adopted in accordance with | 38757 |
| Chapter 119. of the Revised Code, identifies as infectious wastes | 38758 |
| after determining that the wastes present a substantial threat to | 38759 |
| human health when improperly managed because they are contaminated | 38760 |
| with, or are likely to be contaminated with, infectious agents. | 38761 |
| (S) "Infectious agent" means a type of microorganism, | 38762 |
| helminth, or virus that causes, or significantly contributes to | 38763 |
| the cause of, increased morbidity or mortality of human beings. | 38764 |
| (T) "Zoonotic agent" means a type of microorganism, helminth, | 38765 |
| or virus that causes disease in vertebrate animals and that is | 38766 |
| transmissible to human beings and causes or significantly | 38767 |
| contributes to the cause of increased morbidity or mortality of | 38768 |
| human beings. | 38769 |
| (U) "Solid waste transfer facility" means any site, location, | 38770 |
| tract of land, installation, or building that is used or intended | 38771 |
| to be used primarily for the purpose of transferring solid wastes | 38772 |
| that were generated off the premises of the facility from vehicles | 38773 |
| or containers into other vehicles for transportation to a solid | 38774 |
| waste disposal facility. "Solid waste transfer facility" does not | 38775 |
| include any facility that consists solely of portable containers | 38776 |
| that have an aggregate volume of fifty cubic yards or less nor any | 38777 |
| facility where legitimate recycling activities are conducted. | 38778 |
| (V) "Beneficially use" means to use a scrap tire in a manner | 38779 |
| that results in a commodity for sale or exchange or in any other | 38780 |
| manner authorized as a beneficial use in rules adopted by the | 38781 |
| director in accordance with Chapter 119. of the Revised Code. | 38782 |
| (W) "Commercial car," "commercial tractor," "farm machinery," | 38783 |
| "motor bus," "vehicles," "motor vehicle," and "semitrailer" have | 38784 |
| the same meanings as in section 4501.01 of the Revised Code. | 38785 |
| (X) "Construction equipment" means road rollers, traction | 38786 |
| engines, power shovels, power cranes, and other equipment used in | 38787 |
| construction work, or in mining or producing or processing | 38788 |
| aggregates, and not designed for or used in general highway | 38789 |
| transportation. | 38790 |
| (Y) "Motor vehicle salvage dealer" has the same meaning as in | 38791 |
| section 4738.01 of the Revised Code. | 38792 |
| (Z) "Scrap tire" means an unwanted or discarded tire. | 38793 |
| (AA) "Scrap tire collection facility" means any facility that | 38794 |
| meets all of the following qualifications: | 38795 |
| (1) The facility is used for the receipt and storage of whole | 38796 |
| scrap tires from the public prior to their transportation to a | 38797 |
| scrap tire storage, monocell, monofill, or recovery facility | 38798 |
| licensed under section 3734.81 of the Revised Code; a solid waste | 38799 |
| incineration or energy recovery facility subject to regulation | 38800 |
| under this chapter; a premises within the state where the scrap | 38801 |
| tires will be beneficially used; or a scrap tire storage, | 38802 |
| monocell, monofill, or recovery facility, any other solid waste | 38803 |
| disposal facility authorized to dispose of scrap tires, or a | 38804 |
| facility that will beneficially use the scrap tires, that is | 38805 |
| located in another state, and that is operating in compliance with | 38806 |
| the laws of the state in which the facility is located | 38807 |
| (2) The facility exclusively stores scrap tires in portable | 38808 |
| containers | 38809 |
| (3) The aggregate storage of the portable containers in which | 38810 |
| the scrap tires are stored does not exceed five thousand cubic | 38811 |
| feet. | 38812 |
| (BB) "Scrap tire monocell facility" means an individual site | 38813 |
| within a solid waste landfill that is used exclusively for the | 38814 |
| environmentally sound storage or disposal of whole scrap tires or | 38815 |
| scrap tires that have been shredded, chipped, or otherwise | 38816 |
| mechanically processed. | 38817 |
| (CC) "Scrap tire monofill facility" means an engineered | 38818 |
| facility used or intended to be used exclusively for the storage | 38819 |
| or disposal of scrap tires, including at least facilities for the | 38820 |
| submergence of whole scrap tires in a body of water. | 38821 |
| (DD) "Scrap tire recovery facility" means any facility, or | 38822 |
| portion thereof, for the processing of scrap tires for the purpose | 38823 |
| of extracting or producing usable products, materials, or energy | 38824 |
| from the scrap tires through a controlled combustion process, | 38825 |
| mechanical process, or chemical process. "Scrap tire recovery | 38826 |
| facility" includes any facility that uses the controlled | 38827 |
| combustion of scrap tires in a manufacturing process to produce | 38828 |
| process heat or steam or any facility that produces usable heat or | 38829 |
| electric power through the controlled combustion of scrap tires in | 38830 |
| combination with another fuel, but does not include any solid | 38831 |
| waste incineration or energy recovery facility that is designed, | 38832 |
| constructed, and used for the primary purpose of incinerating | 38833 |
| mixed municipal solid wastes and that burns scrap tires in | 38834 |
| conjunction with mixed municipal solid wastes, or any tire | 38835 |
| retreading business, tire manufacturing finishing center, or tire | 38836 |
| adjustment center having on the premises of the business a single, | 38837 |
| covered scrap tire storage area at which not more than four | 38838 |
| thousand scrap tires are stored. | 38839 |
| (EE) "Scrap tire storage facility" means any facility where | 38840 |
| whole scrap tires are stored prior to their transportation to a | 38841 |
| scrap tire monocell, monofill, or recovery facility licensed under | 38842 |
| section 3734.81 of the Revised Code; a solid waste incineration or | 38843 |
| energy recovery facility subject to regulation under this chapter; | 38844 |
| a premises within the state where the scrap tires will be | 38845 |
| beneficially used; or a scrap tire storage, monocell, monofill, or | 38846 |
| recovery facility, any other solid waste disposal facility | 38847 |
| authorized to dispose of scrap tires, or a facility that will | 38848 |
| beneficially use the scrap tires, that is located in another | 38849 |
| state, and that is operating in compliance with the laws of the | 38850 |
| state in which the facility is located. | 38851 |
| (FF) "Used oil" means any oil that has been refined from | 38852 |
| crude oil, or any synthetic oil, that has been used and, as a | 38853 |
| result of that use, is contaminated by physical or chemical | 38854 |
| impurities. "Used oil" includes only those substances identified | 38855 |
| as used oil by the United States environmental protection agency | 38856 |
| under the "Used Oil Recycling Act of 1980," 94 Stat. 2055, 42 | 38857 |
| U.S.C.A. 6901a, as amended. | 38858 |
| (GG) "Accumulated speculatively" has the same meaning as in | 38859 |
| rules adopted by the director under section 3734.12 of the Revised | 38860 |
| Code. | 38861 |
| Sec. 3734.20. (A) If the director of environmental | 38862 |
| protection has reason to believe that hazardous waste was treated, | 38863 |
| stored, or disposed of at any location within the state,
| 38864 |
| director may conduct such investigations and make such inquiries, | 38865 |
| including obtaining samples and examining and copying records, as | 38866 |
| are reasonable or necessary to determine if conditions at a | 38867 |
| hazardous waste facility, solid waste facility, or other location | 38868 |
| where the director has reason to believe hazardous waste was | 38869 |
| treated, stored, or disposed of constitute a substantial threat to | 38870 |
| public health or safety or are causing or contributing to or | 38871 |
| threatening to cause or contribute to air or water pollution or | 38872 |
| soil contamination. The director or the director's authorized | 38873 |
| representative may apply for, and any judge of a court of common | 38874 |
| pleas shall issue, an appropriate search warrant necessary to | 38875 |
| achieve the purposes of this section within the court's | 38876 |
| territorial jurisdiction. The director may expend moneys from the | 38877 |
| hazardous waste clean-up fund created in section 3734.28 of the | 38878 |
| Revised Code or the environmental protection remediation fund | 38879 |
| created in section 3734.281 of the Revised Code for conducting | 38880 |
| investigations under this section. | 38881 |
| (B) If the director determines that conditions at a hazardous | 38882 |
| waste facility, solid waste facility, or other location where | 38883 |
| hazardous waste was treated, stored, or disposed of constitute a | 38884 |
| substantial threat to public health or safety or are causing or | 38885 |
| contributing to or threatening to cause or contribute to air or | 38886 |
| water pollution or soil contamination, the director shall initiate | 38887 |
| appropriate action under this chapter or Chapter 3704. or 6111. of | 38888 |
| the Revised Code or seek any other appropriate legal or equitable | 38889 |
| remedies to abate the pollution or contamination or to protect | 38890 |
| public health or safety. | 38891 |
| If an order of the director to abate or prevent air or water | 38892 |
| pollution or soil contamination or to remedy a threat to public | 38893 |
| health or safety caused by conditions at such a facility issued | 38894 |
| pursuant to this chapter or Chapter 3704. or 6111. of the Revised | 38895 |
| Code is not wholly complied with within the time prescribed in the | 38896 |
| order, the director may, through officers or employees of the | 38897 |
| environmental protection agency or through contractors employed | 38898 |
| for that purpose in accordance with the bidding procedure | 38899 |
| established in division (C) of section 3734.23 of the Revised | 38900 |
| Code, enter upon the facility and perform those measures necessary | 38901 |
| to abate or prevent air or water pollution or soil contamination | 38902 |
| from the facility or to protect public health or safety, | 38903 |
| including, but not limited to, measures prescribed in division (B) | 38904 |
| of section 3734.23 of the Revised Code. The director shall keep an | 38905 |
| itemized record of the cost of the investigation and measures | 38906 |
| performed, including costs for labor, materials, and any contract | 38907 |
| services required. Upon completion of the investigation or | 38908 |
| measures, the director shall record the cost of performing those | 38909 |
| measures at the office of the county recorder of the county in | 38910 |
| which the facility is located. The cost so recorded constitutes a | 38911 |
| lien against the property on which the facility is located until | 38912 |
| discharged. Upon written request of the director, the attorney | 38913 |
| general shall institute a civil action to recover the cost. Any | 38914 |
| moneys so received shall be credited to the hazardous waste | 38915 |
|
clean-up fund | 38916 |
| the environmental protection remediation fund, as applicable. | 38917 |
| When entering upon a facility under this division, the | 38918 |
| director shall perform or cause to be performed only those | 38919 |
| measures necessary to abate or prevent air or water pollution or | 38920 |
| soil contamination caused by conditions at the facility or to | 38921 |
| abate threats to public health or safety caused by conditions at | 38922 |
| the facility. For this purpose the director may expend moneys from | 38923 |
| 38924 | |
| water development authority to the environmental protection agency | 38925 |
| that pledge moneys from | 38926 |
| for the interest on such loans. | 38927 |
| Sec. 3734.21. (A) The director of environmental protection | 38928 |
| may expend moneys credited to the hazardous waste clean-up fund | 38929 |
| created in section 3734.28 of the Revised Code or the | 38930 |
| environmental protection remediation fund created in section | 38931 |
| 3734.281 of the Revised Code for the payment of the cost of | 38932 |
| measures necessary for the proper closure of hazardous waste | 38933 |
| facilities or any solid waste facilities containing significant | 38934 |
| quantities of hazardous waste, for the payment of costs of the | 38935 |
| development and construction of suitable hazardous waste | 38936 |
| facilities required by division (B) of section 3734.23 of the | 38937 |
| Revised Code to the extent the director determines that such | 38938 |
| facilities are not available, and for the payment of costs that | 38939 |
| are necessary to abate conditions thereon that are causing or | 38940 |
| contributing to or threatening to cause or contribute to air or | 38941 |
| water pollution or soil contamination or that constitute a | 38942 |
| substantial threat to public health or safety. In addition, the | 38943 |
| director may expend and pledge moneys credited
to | 38944 |
| for repayment of and for interest on any loan made by the Ohio | 38945 |
| water development authority to the environmental protection agency | 38946 |
| for the payment of such costs. | 38947 |
| (B) Before beginning to clean up any facility under this | 38948 |
| section, the director shall develop a plan for the cleanup and an | 38949 |
| estimate of the cost thereof. The plan shall include only those | 38950 |
| measures necessary to abate conditions thereon that are causing or | 38951 |
| contributing to or threatening to cause or contribute to air or | 38952 |
| water pollution or soil contamination or that constitute a | 38953 |
| substantial threat to public health or safety, including, but not | 38954 |
| limited to, establishment and maintenance of an adequate cover of | 38955 |
| soil and vegetation on any facility for the burial of hazardous | 38956 |
| waste to prevent the infiltration of water into cells where | 38957 |
| hazardous waste is buried, the accumulation or runoff of | 38958 |
| contaminated surface water, the production of leachate, and air | 38959 |
| emissions of hazardous waste; the collection and treatment of | 38960 |
| contaminated surface water runoff; the collection and treatment of | 38961 |
| leachate; or, if conditions so require, the removal of hazardous | 38962 |
| waste from the facility and the treatment or disposal of the waste | 38963 |
| at a suitable hazardous waste facility. The plan or any part of | 38964 |
| the plan for the cleanup of the facility shall be carried out by | 38965 |
| entering into contracts therefor in accordance with the procedures | 38966 |
| established in division (C) of section 3734.23 of the Revised | 38967 |
| Code. | 38968 |
| Sec. 3734.22. Before beginning to clean up any facility | 38969 |
| under section 3734.21 of the Revised Code, the director of | 38970 |
| environmental protection shall endeavor to enter into an agreement | 38971 |
| with the owner of the land on which the facility is located, or | 38972 |
| with the owner of the facility, specifying the measures to be | 38973 |
| performed and authorizing the director, employees of the agency, | 38974 |
| or contractors retained by the director to enter upon the land and | 38975 |
| perform the specified measures. | 38976 |
| Each agreement | 38977 |
| reimbursement of the state for the costs of the cleanup. | 38978 |
| All reimbursements and payments shall be credited to the | 38979 |
| hazardous waste clean-up fund created in section 3734.28 of the | 38980 |
| Revised Code or the environmental protection remediation fund | 38981 |
| created in section 3734.281 of the Revised Code, as applicable. | 38982 |
| The agreement may require the owner to execute an easement | 38983 |
| whereby the director, an authorized employee of the agency, or a | 38984 |
| contractor employed by the agency in accordance with the bidding | 38985 |
| procedure established in division (C) of section 3734.23 of the | 38986 |
| Revised Code may enter upon the facility to sample, repair, or | 38987 |
| reconstruct air and water quality monitoring equipment constructed | 38988 |
| under the agreement. Such easements shall be for a specified | 38989 |
| period of years and may be extinguished by agreement between the | 38990 |
| owner and the director. When necessary to protect the public | 38991 |
| health or safety, the agreement may require the owner to enter | 38992 |
| into an environmental covenant with the director in accordance | 38993 |
| with sections 5301.80 to 5301.92 of the Revised Code. | 38994 |
| Upon a breach of the reimbursement provisions of the | 38995 |
| agreement by the owner of the land or facility, or upon | 38996 |
| notification to the director by the owner that the owner is unable | 38997 |
| to perform the duties under the reimbursement provisions of the | 38998 |
|
agreement, the director | 38999 |
| of the costs of cleanup at the office of the county recorder of | 39000 |
| the county in which the facility is located. The costs so recorded | 39001 |
| constitute a lien against the property on which the facility is | 39002 |
| located until discharged. Upon written request of the director, | 39003 |
| the attorney general shall institute a civil action to recover the | 39004 |
| unreimbursed portion of the costs of cleanup. Any moneys so | 39005 |
| recovered shall be credited to the hazardous waste clean-up fund | 39006 |
| or the environmental protection remediation fund, as applicable. | 39007 |
| Sec. 3734.23. (A) The director of environmental protection | 39008 |
| may acquire by purchase, gift, donation, contribution, or | 39009 |
| appropriation in accordance with sections 163.01 to 163.21 of the | 39010 |
| Revised Code any hazardous waste facility or any solid waste | 39011 |
| facility containing significant quantities of hazardous waste | 39012 |
| that, because of its condition and the types and quantities of | 39013 |
| hazardous waste contained in the facility, constitutes an imminent | 39014 |
| and substantial threat to public health or safety or results in | 39015 |
| air pollution, pollution of the waters of the state, or soil | 39016 |
| contamination. For this purpose and for the purposes of division | 39017 |
| (B) of this section, the director may expend moneys from the | 39018 |
| hazardous waste clean-up fund created in section 3734.28 of the | 39019 |
| Revised Code or the environmental protection remediation fund | 39020 |
| created in section 3734.281 of the Revised Code and may expend | 39021 |
| moneys from loans from the Ohio water development authority to the | 39022 |
| environmental protection
agency that pledge moneys from | 39023 |
| fund for the repayment of and for the interest on such loans. Any | 39024 |
| lands or facilities purchased or acquired under this section shall | 39025 |
| be deeded to the state, but no deed shall be accepted or the | 39026 |
| purchase price paid until the title has been approved by the | 39027 |
| attorney general. | 39028 |
| (B) The director shall, with respect to any land or facility | 39029 |
| acquired under this section or cleaned up under section 3734.20 of | 39030 |
| the Revised Code, perform closure or other measures necessary to | 39031 |
| abate conditions thereon that are causing or contributing to or | 39032 |
| threatening to cause or contribute to air or water pollution or | 39033 |
| soil contamination or that constitute a substantial threat to | 39034 |
| public health or safety, including, but not limited to, | 39035 |
| establishment and maintenance of an adequate cover of soil and | 39036 |
| vegetation on any facility for the burial of hazardous waste to | 39037 |
| prevent the infiltration of water into cells where hazardous waste | 39038 |
| is buried, the accumulation or runoff of contaminated surface | 39039 |
| water, the production of leachate, and air emissions of hazardous | 39040 |
| waste; the collection and treatment of contaminated surface water | 39041 |
| runoff; the collection and treatment of leachate; or, if | 39042 |
| conditions so require, the removal of hazardous waste from the | 39043 |
| facility and the treatment or disposal of the waste at a suitable | 39044 |
| hazardous waste facility. After performing these measures, the | 39045 |
| director shall provide for the post-closure care, maintenance, and | 39046 |
| monitoring of facilities cleaned up under this section. | 39047 |
| (C) Before proceeding to clean up any facility under this | 39048 |
| section or section 3734.20 or 3734.21 of the Revised Code, the | 39049 |
| director shall develop a plan for the cleanup of the facility and | 39050 |
| an estimate of the cost thereof. The director may carry out the | 39051 |
| plan or any part of the plan by contracting for the services, | 39052 |
| construction, and repair necessary therefor. The director shall | 39053 |
| award each such contract to the lowest responsible bidder after | 39054 |
| sealed bids therefor are received, opened, and published at the | 39055 |
| time fixed by the director and notice of the time and place at | 39056 |
| which the sealed bids will be received, opened, and published has | 39057 |
| been published by the director in a newspaper of general | 39058 |
| circulation in the county in which the facility to be cleaned up | 39059 |
| under the contract is located at least once within the ten days | 39060 |
| before the opening of the bids. However, if after advertising for | 39061 |
| bids for the contract, no bids are received by the director at the | 39062 |
| time and place fixed for receiving them, the director may | 39063 |
| advertise again for bids, or | 39064 |
| director considers the public interest will best be served | 39065 |
| thereby, enter into a contract for the cleanup of the facility | 39066 |
| without further advertisement for bids. The director may reject | 39067 |
| any or all bids received and fix and publish again notice of the | 39068 |
| time and place at which bids for the contracts will be received, | 39069 |
| opened, and published. | 39070 |
| (D) The director shall keep an itemized record of the costs | 39071 |
| of any acquisition under division (A) of this section and the | 39072 |
| costs of cleanup under division (B) of this section. | 39073 |
| Sec. 3734.28. All moneys collected under sections 3734.122, | 39074 |
| 3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the Revised | 39075 |
| Code and natural resource damages collected by the state under the | 39076 |
| "Comprehensive Environmental Response, Compensation, and Liability | 39077 |
| Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended, shall | 39078 |
| be paid into the state treasury to the credit of the hazardous | 39079 |
| waste clean-up fund, which is hereby created. In addition, any | 39080 |
| moneys recovered for costs paid from the fund for activities | 39081 |
| described in division (A)(1) and (2) of section 3745.12 of the | 39082 |
| Revised Code shall be credited to the fund. The environmental | 39083 |
| protection agency shall use the moneys in the fund for the | 39084 |
| purposes set forth in division (D) of section 3734.122, sections | 39085 |
| 3734.19, 3734.20, 3734.21, 3734.23, 3734.25, 3734.26, and 3734.27, | 39086 |
| and, through October 15, 2005, divisions (A)(1) and (2) of section | 39087 |
| 3745.12 and Chapter 3746. of the Revised Code, including any | 39088 |
| related enforcement expenses. In addition, the agency shall use | 39089 |
| the moneys in the fund to pay the state's long-term operation and | 39090 |
| maintenance costs or matching share for actions taken under the | 39091 |
| "Comprehensive Environmental Response, Compensation, and Liability | 39092 |
| Act of 1980," as amended. If those moneys are reimbursed by grants | 39093 |
| or other moneys from the United States or any other person, the | 39094 |
| moneys shall be placed in the fund and not in the general revenue | 39095 |
| fund. | 39096 |
| Sec. 3734.57. (A) | 39097 |
| 39098 | |
| 39099 | |
| 39100 | |
| 39101 | |
| 39102 | |
| 39103 | |
| 39104 | |
| 39105 | |
| 39106 | |
| 39107 | |
| 39108 | |
| 39109 | |
| 39110 | |
| 39111 | |
| 39112 | |
| 39113 | |
| 39114 | |
| 39115 | |
| 39116 | |
| 39117 | |
| 39118 | |
| 39119 | |
| 39120 | |
| 39121 | |
| 39122 | |
| 39123 | |
| solid wastes in this state: | 39124 |
| (1) One dollar per ton | 39125 |
| the proceeds of which shall be deposited in the state treasury to | 39126 |
| the credit of the hazardous waste facility management fund created | 39127 |
| in section 3734.18 of the Revised Code and one-half of the | 39128 |
| proceeds of which shall be deposited in the state treasury to the | 39129 |
| credit of the hazardous waste clean-up fund created in section | 39130 |
| 3734.28 of the Revised Code; | 39131 |
| (2) An additional one dollar per ton on and after July 1, | 39132 |
| 2003, through June 30,
| 39133 |
| deposited in the state treasury to the credit of the solid waste | 39134 |
| fund, which is hereby created. The environmental protection agency | 39135 |
| shall use money in the solid waste fund to pay the costs of | 39136 |
| administering and enforcing the laws pertaining to solid wastes, | 39137 |
| infectious wastes, and construction and demolition debris, | 39138 |
| including, without limitation, ground water evaluations related to | 39139 |
| solid wastes, infectious wastes, and construction and demolition | 39140 |
| debris, under this chapter and Chapter 3714. of the Revised Code | 39141 |
| and any rules adopted under them, providing compliance assistance | 39142 |
| to small businesses, and paying a share of the administrative | 39143 |
| costs of the environmental protection agency pursuant to section | 39144 |
| 3745.014 of the Revised Code. | 39145 |
| (3) An additional one dollar and fifty cents per ton on and | 39146 |
| after July 1, 2005, the proceeds of which shall be deposited in | 39147 |
| the state treasury to the credit of the environmental protection | 39148 |
| fund created in section 3745.015 of the Revised Code. | 39149 |
| In the case of solid wastes that are taken to a solid waste | 39150 |
| transfer facility prior to being transported to a solid waste | 39151 |
| disposal facility for disposal, the fees levied under this | 39152 |
| division shall be collected by the owner or operator of the | 39153 |
| transfer facility as a trustee for the state. In the case of solid | 39154 |
| wastes that are not taken to a solid waste transfer facility prior | 39155 |
| to being transported to a solid waste disposal facility, the fees | 39156 |
| shall be collected by the owner or operator of the solid waste | 39157 |
| disposal facility as a trustee for the state. Fees levied under | 39158 |
| this division do not apply to materials separated from a mixed | 39159 |
| waste stream for recycling by a generator or materials removed | 39160 |
| from the solid waste stream through recycling, as "recycling" is | 39161 |
| defined in rules adopted under section 3734.02 of the Revised | 39162 |
| Code. | 39163 |
| The owner or operator of a solid waste transfer facility or | 39164 |
| disposal facility
| 39165 |
| 39166 | |
| prepare and file with the director of environmental protection | 39167 |
| 39168 | |
| of solid wastes received | 39169 |
| during that month and the total amount of the fees required to be | 39170 |
| collected under this division during that month. The amount of | 39171 |
| fees required to be collected under this division shall equal the | 39172 |
| total tonnage of solid wastes received at the facility multiplied | 39173 |
| by the fees levied under this division. The monthly returns shall | 39174 |
| be filed on a form prescribed by the director. Not later than | 39175 |
| thirty days after the last day of the
month to which | 39176 |
| applies, the owner or operator shall mail to the director the | 39177 |
| return for that month together with the fees required to be | 39178 |
| collected under this division during that month as indicated on | 39179 |
| the return. | 39180 |
| due is paid in a timely manner as required in this division, the | 39181 |
| owner or operator may retain a discount of three-fourths of one | 39182 |
| per cent of the total amount of the fees that are required to be | 39183 |
| paid as indicated on the return. | 39184 |
| The owner or operator may request an extension of not more | 39185 |
| than thirty days for filing the return and remitting the fees, | 39186 |
| provided that the owner or operator has submitted such a request | 39187 |
| in writing to the director together with a detailed description of | 39188 |
| why the extension is requested, the director has received the | 39189 |
| request not later than the day on which the return is required to | 39190 |
| be filed, and the director has approved the request. If the fees | 39191 |
| are not remitted within thirty days after the last day of the | 39192 |
| month | 39193 |
| or are not remitted by the last day of an extension approved by | 39194 |
| the director, the owner or operator shall not retain the | 39195 |
| three-fourths of one per cent discount and shall pay an additional | 39196 |
| 39197 | |
| they are late. For purposes of calculating the late fee, the first | 39198 |
| month in which fees are late begins on the first day after the | 39199 |
| deadline has passed for timely submitting the return and fees, and | 39200 |
| one additional month shall be counted every thirty days | 39201 |
| thereafter. | 39202 |
| | 39203 |
| 39204 | |
| 39205 | |
| 39206 | |
| 39207 | |
| 39208 | |
| 39209 | |
| 39210 | |
| 39211 | |
| 39212 | |
| 39213 | |
| 39214 | |
| 39215 | |
| 39216 | |
| 39217 | |
| 39218 | |
| 39219 |
| For purposes of computing the fees levied under this division | 39220 |
| or division (B) of this section, any solid waste transfer or | 39221 |
| disposal facility that does not use scales as a means of | 39222 |
| determining gate receipts shall use a conversion factor of three | 39223 |
| cubic yards per ton of solid waste or one cubic yard per ton for | 39224 |
| baled waste, as applicable. | 39225 |
| The fees levied under this division and divisions (B) and (C) | 39226 |
| of this section are in addition to all other applicable fees and | 39227 |
| taxes and shall be added to any other fee or amount specified in a | 39228 |
| contract that is charged by the owner or operator of a solid waste | 39229 |
| transfer or disposal facility or to any other fee or amount that | 39230 |
| is
specified
in a contract | 39231 |
| and that is charged by a transporter of solid wastes. | 39232 |
| (B) For the | 39233 |
| 39234 | |
| 39235 | |
| 39236 | |
| 39237 | |
| 39238 | |
| 39239 | |
| 39240 | |
| 39241 | |
| 39242 | |
| 39243 | |
| 39244 | |
| 39245 | |
| 39246 | |
| 39247 | |
| 39248 | |
| 39249 | |
| 39250 | |
| 39251 | |
| 39252 | |
| 39253 | |
| 39254 | |
| 39255 | |
| 39256 | |
| 39257 | |
| 39258 | |
| 39259 | |
| 39260 | |
| 39261 | |
| 39262 | |
| 39263 | |
| 39264 | |
| 39265 | |
| 39266 | |
| 39267 | |
| 39268 | |
| 39269 | |
| 39270 | |
| 39271 | |
| 39272 | |
| 39273 | |
| 39274 | |
| 39275 | |
| 39276 | |
| 39277 | |
| 39278 | |
| specified in division (G) of this section, the solid waste | 39279 |
| management policy committee of a county or joint solid waste | 39280 |
| management district may levy fees upon the following activities: | 39281 |
| (1) The disposal at a solid waste disposal facility located | 39282 |
| in the district of solid wastes generated within the district; | 39283 |
| (2) The disposal at a solid waste disposal facility within | 39284 |
| the district of solid wastes generated outside the boundaries of | 39285 |
| the district, but inside this state; | 39286 |
| (3) The disposal at a solid waste disposal facility within | 39287 |
| the district of solid wastes generated outside the boundaries of | 39288 |
| this state. | 39289 |
| | 39290 |
| Fees levied under division (B)(1) of this section always shall be | 39291 |
| equal to one-half of the fees levied under division (B)(2) of this | 39292 |
|
section, and fees levied under division (B)(3) of this
section | 39293 |
| 39294 | |
| 39295 | |
|
(B)(1) of this section | 39296 |
| 39297 | |
| district approved under section 3734.521 or 3734.55 of the Revised | 39298 |
| Code and any amendments to it, or the resolution adopted under | 39299 |
| this division, as appropriate, shall establish the rates of the | 39300 |
| fees levied under divisions (B)(1), (2), and (3) of this section, | 39301 |
| if any, and shall specify whether the fees are levied on the basis | 39302 |
|
of tons or cubic yards as the
unit of measurement. | 39303 |
| 39304 | |
| 39305 | |
|
management | 39306 |
| 39307 | |
| 39308 | |
| under
| 39309 |
| cubic yards | 39310 |
| 39311 | |
| 39312 | |
| 39313 | |
| 39314 | |
| 39315 | |
| section. | 39316 |
| | 39317 |
| division (B)(1) of this section shall be not less than one dollar | 39318 |
| per ton nor more than two dollars per ton, the fee levied under | 39319 |
| division (B)(2) of this section shall be not less than two dollars | 39320 |
| per ton nor more than four dollars per ton, and the fee levied | 39321 |
| under division (B)(3) of this section shall be not more than the | 39322 |
| fee
levied under division (B)(1) of this section | 39323 |
| 39324 | |
| 39325 | |
| 39326 | |
| 39327 | |
| 39328 | |
| 39329 | |
| 39330 | |
| 39331 | |
| 39332 | |
| 39333 | |
| 39334 | |
| 39335 | |
| 39336 | |
| 39337 | |
| 39338 | |
| 39339 | |
| 39340 | |
| 39341 | |
| 39342 | |
| 39343 | |
| 39344 | |
| 39345 | |
| 39346 | |
| 39347 | |
| 39348 | |
| 39349 | |
| 39350 | |
| 39351 | |
| 39352 | |
| 39353 | |
| 39354 | |
| 39355 |
| | 39356 |
| 39357 | |
| 39358 | |
| 39359 | |
| 39360 | |
| 39361 | |
| 39362 | |
| 39363 | |
| 39364 | |
| 39365 | |
| 39366 | |
| 39367 | |
| 39368 | |
| 39369 | |
| 39370 | |
| 39371 | |
| 39372 | |
| 39373 | |
| 39374 | |
| 39375 | |
| 39376 | |
| 39377 | |
| 39378 | |
| 39379 | |
| 39380 | |
| 39381 | |
| 39382 | |
| 39383 | |
| 39384 | |
| 39385 | |
| 39386 | |
| 39387 |
| Prior to the approval of the solid waste management plan of | 39388 |
| 39389 | |
| solid waste management policy committee of a district may levy | 39390 |
| fees under this division by adopting a resolution establishing the | 39391 |
| proposed amount of the fees. Upon adopting the resolution, the | 39392 |
| committee shall deliver a copy of the resolution to the board of | 39393 |
| county commissioners of each county forming the district and to | 39394 |
| the legislative authority of each municipal corporation and | 39395 |
| township under the jurisdiction of the district and shall prepare | 39396 |
| and publish the resolution and a notice of the time and location | 39397 |
| where a public hearing on the fees will be held. Upon adopting the | 39398 |
| resolution, the committee shall deliver written notice of the | 39399 |
| adoption of the resolution; of the amount of the proposed fees; | 39400 |
| and of the date, time, and location of the public hearing to the | 39401 |
| director and to the fifty industrial, commercial, or institutional | 39402 |
| generators of solid wastes within the district that generate the | 39403 |
| largest quantities of solid wastes, as determined by the | 39404 |
| committee, and to their local trade associations. The committee | 39405 |
| shall make good faith efforts to identify those generators within | 39406 |
| the district and their local trade associations, but the | 39407 |
| nonprovision of notice under this division to a particular | 39408 |
| generator or local trade association does not invalidate the | 39409 |
| proceedings under this division. The publication shall occur at | 39410 |
| least thirty days before the hearing. After the hearing, the | 39411 |
| committee may make such revisions to the proposed fees as it | 39412 |
| considers appropriate and thereafter, by resolution, shall adopt | 39413 |
| the revised fee schedule. Upon adopting the revised fee schedule, | 39414 |
| the committee shall deliver a copy of the resolution doing so to | 39415 |
| the board of county commissioners of each county forming the | 39416 |
| district and to the legislative authority of each municipal | 39417 |
| corporation and township under the jurisdiction of the district. | 39418 |
| Within sixty days after the delivery of a copy of the resolution | 39419 |
| adopting the proposed revised fees by the policy committee, each | 39420 |
| such board and legislative authority, by ordinance or resolution, | 39421 |
| shall approve or disapprove the revised fees and deliver a copy of | 39422 |
| the ordinance or resolution to the committee. If any such board or | 39423 |
| legislative authority fails to adopt and deliver to the policy | 39424 |
| committee an ordinance or resolution approving or disapproving the | 39425 |
| revised fees within sixty days after the policy committee | 39426 |
| delivered its resolution adopting the proposed revised fees, it | 39427 |
| shall be conclusively presumed that the board or legislative | 39428 |
| authority has approved the proposed revised fees. The committee | 39429 |
| shall determine if the resolution has been ratified in the same | 39430 |
| manner in which it determines if a draft solid waste management | 39431 |
| plan has been ratified under division (B) of section 3734.55 of | 39432 |
| the Revised Code. | 39433 |
| | 39434 |
| 39435 | |
| 39436 | |
| 39437 | |
| 39438 | |
| 39439 | |
| 39440 | |
| 39441 | |
| 39442 | |
| 39443 | |
| 39444 | |
| 39445 | |
| 39446 | |
| 39447 | |
| 39448 | |
| 39449 | |
| 39450 | |
| 39451 | |
| 39452 | |
| 39453 | |
| 39454 | |
| 39455 | |
| 39456 | |
| 39457 | |
| 39458 | |
| 39459 | |
| 39460 | |
| 39461 | |
| 39462 | |
| 39463 |
| | 39464 |
| 39465 | |
| 39466 | |
| 39467 | |
| 39468 | |
| 39469 | |
| 39470 | |
| 39471 | |
| 39472 | |
| 39473 |
| The committee may amend the schedule of fees levied pursuant | 39474 |
|
to a resolution | 39475 |
| this division by adopting a resolution establishing the proposed | 39476 |
|
amount of the amended fees. The
committee may | 39477 |
| fees
levied pursuant to such a
resolution | 39478 |
| adopting a resolution proposing to repeal them. Upon adopting such | 39479 |
| a resolution, the committee shall proceed to obtain ratification | 39480 |
| of the resolution in accordance with this division. | 39481 |
| Not later than fourteen days after declaring the new fees | 39482 |
| 39483 | |
| division, the committee shall notify by certified mail the owner | 39484 |
| or operator of each solid waste disposal facility that is required | 39485 |
| to collect the fees of the ratification and the amount of the fees | 39486 |
| or of the repeal of the fees. Collection
of any
fees | 39487 |
| 39488 | |
| collection of repealed fees shall cease on the first day of the | 39489 |
| second month following the month in which notification is sent to | 39490 |
| the owner or operator. | 39491 |
| | 39492 |
| 39493 | |
| 39494 | |
| 39495 | |
| 39496 | |
| 39497 | |
| 39498 |
| Fees levied under this division also may be established, | 39499 |
| amended, or repealed by a solid waste management policy committee | 39500 |
| through the adoption of a new district solid waste management | 39501 |
| plan, the adoption of an amended plan, or the amendment of the | 39502 |
| plan or amended plan in accordance with sections 3734.55 and | 39503 |
| 3734.56 of the Revised Code or the adoption or amendment of a | 39504 |
| district plan in connection with a change in district composition | 39505 |
| under section 3734.521 of the Revised Code. | 39506 |
| Not later than fourteen days after the director issues an | 39507 |
|
order approving a district's solid waste management plan | 39508 |
| 39509 | |
| 39510 | |
| amendment to a plan or amended plan that
establishes
| 39511 |
| or repeals a schedule of fees levied by the district,
| 39512 |
| 39513 | |
| 39514 | |
| 39515 | |
| 39516 | |
| owner or operator of each solid waste disposal facility that is | 39517 |
| required to collect the fees of the approval of the plan or | 39518 |
| amended plan, or the amendment to the plan, as appropriate, and | 39519 |
|
the amount of the fees | 39520 |
| initial or amended plan approved under section 3734.521 of the | 39521 |
| Revised Code in connection with a change in district composition, | 39522 |
| other than one involving the withdrawal of a county from a joint | 39523 |
|
district, | 39524 |
| 39525 | |
| 39526 | |
| after the change takes effect pursuant to division (G) of that | 39527 |
| section, shall notify by certified mail the owner or operator of | 39528 |
| each solid waste disposal facility that is required to collect the | 39529 |
| fees that the change has taken effect and of the amount of the | 39530 |
|
fees | 39531 |
| 39532 | |
| 39533 | |
| 39534 | |
| 39535 | |
| fees shall cease on the first day of the second month following | 39536 |
| the month in which notification is sent to the owner or operator. | 39537 |
| | 39538 |
| 39539 | |
| 39540 | |
| 39541 | |
| 39542 | |
| 39543 | |
| 39544 | |
| 39545 | |
| 39546 | |
| 39547 | |
| 39548 | |
| 39549 | |
| 39550 | |
| 39551 | |
| 39552 | |
| 39553 | |
| 39554 | |
| 39555 | |
| 39556 | |
| 39557 | |
| 39558 | |
| 39559 | |
| 39560 | |
| 39561 | |
| 39562 |
| | 39563 |
| 39564 | |
| 39565 | |
| 39566 | |
| 39567 | |
| 39568 | |
| 39569 | |
| 39570 | |
| 39571 | |
| 39572 | |
| 39573 | |
| 39574 | |
| 39575 | |
| 39576 | |
| 39577 | |
| 39578 |
| If, in the case of a change in district composition involving | 39579 |
| the withdrawal of a county from a joint district, the director | 39580 |
| completes the actions required under division (G)(1) or (3) of | 39581 |
| section 3734.521 of the Revised Code, as appropriate, forty-five | 39582 |
| days or more before the beginning of a calendar year, the policy | 39583 |
| committee of each of the districts resulting from the change that | 39584 |
| obtained the director's approval of an initial or amended plan in | 39585 |
| connection with the change, within fourteen days after the | 39586 |
| director's completion of the required actions, shall notify by | 39587 |
| certified mail the owner or operator of each solid waste disposal | 39588 |
| facility that is required to collect the district's fees that the | 39589 |
| change is to take effect on the first day of January immediately | 39590 |
| following the issuance of the notice and of the amount of the fees | 39591 |
| or amended fees levied under divisions (B)(1) to (3) of this | 39592 |
| section pursuant to the district's initial or amended plan as so | 39593 |
|
approved or, if
appropriate, the | 39594 |
| district's fees by that initial or amended plan. Collection of any | 39595 |
| fees set forth in such a plan or amended plan shall commence on | 39596 |
| the first day of January immediately following the issuance of the | 39597 |
| notice.
If
such an initial or amended plan | 39598 |
| schedule of fees, collection of the fees shall cease on that first | 39599 |
| day of January. | 39600 |
| If, in the case of a change in district composition involving | 39601 |
| the withdrawal of a county from a joint district, the director | 39602 |
| completes the actions required under division (G)(1) or (3) of | 39603 |
| section 3734.521 of the Revised Code, as appropriate, less than | 39604 |
| forty-five days before the beginning of a calendar year, the | 39605 |
| director, on behalf of each of the districts resulting from the | 39606 |
| change that obtained the director's approval of an initial or | 39607 |
| amended plan in connection with the change proceedings, shall | 39608 |
| notify by certified mail the owner or operator of each solid waste | 39609 |
| disposal facility that is required to collect the district's fees | 39610 |
| that the change is to take effect on the first day of January | 39611 |
| immediately following the mailing of the notice and of the amount | 39612 |
| of the fees or amended fees levied under divisions (B)(1) to (3) | 39613 |
| of this section pursuant to the district's initial or amended plan | 39614 |
|
as so approved or, if
appropriate, the | 39615 |
| district's fees by that initial or amended plan. Collection of any | 39616 |
| fees set forth in such a plan or amended plan shall commence on | 39617 |
| the first day of the second month following the month in which | 39618 |
| notification is sent to the owner or operator. If such an initial | 39619 |
|
or amended
plan | 39620 |
| of the fees shall cease on the first day of the second month | 39621 |
| following the month in which notification is sent to the owner or | 39622 |
| operator. | 39623 |
| | 39624 |
| district is levying under divisions (B)(1) to (3) of this section | 39625 |
| is amended or repealed, the fees in effect immediately prior to | 39626 |
| the amendment or repeal shall continue to be collected until | 39627 |
| collection of the amended fees commences or collection of the | 39628 |
| repealed fees ceases, as applicable, as specified in this | 39629 |
| division. In the case of a change in district composition, | 39630 |
| 39631 | |
| 39632 | |
| 39633 | |
| 39634 | |
| 39635 | |
| 39636 | |
| 39637 | |
| 39638 | |
| 39639 | |
| 39640 | |
| 39641 | |
| 39642 | |
| 39643 | |
| 39644 | |
| 39645 | |
| 39646 | |
| 39647 | |
| former districts shall be divided among the resulting districts in | 39648 |
| accordance with division (B) of section 343.012 of the Revised | 39649 |
| Code and the agreements entered into under division (B) of section | 39650 |
| 343.01 of the Revised Code to establish the former and resulting | 39651 |
| districts and any amendments to those agreements. | 39652 |
| For the purposes of the provisions of division (B) of this | 39653 |
| section establishing the times when newly established or amended | 39654 |
| fees levied by a district are required to commence and the | 39655 |
|
collection of fees that have been amended or | 39656 |
| required to cease, "fees" or "schedule of fees" includes, in | 39657 |
| addition to fees levied under divisions (B)(1) to (3) of this | 39658 |
| section, those levied under section 3734.573 or 3734.574 of the | 39659 |
| Revised Code. | 39660 |
| (C) For the purposes of defraying the added costs to a | 39661 |
| municipal corporation or township of maintaining roads and other | 39662 |
| public facilities and of providing emergency and other public | 39663 |
| services, and compensating a municipal corporation or township for | 39664 |
| reductions in real property tax revenues due to reductions in real | 39665 |
| property valuations resulting from the location and operation of a | 39666 |
| solid waste disposal facility within the municipal corporation or | 39667 |
| township, a municipal corporation or township in which such a | 39668 |
| solid waste disposal facility is located may levy a fee of not | 39669 |
| more than twenty-five cents per ton on the disposal of solid | 39670 |
| wastes at a solid waste disposal facility located within the | 39671 |
| boundaries of the municipal corporation or township regardless of | 39672 |
| where the wastes were generated. | 39673 |
| The legislative authority of a municipal corporation or | 39674 |
| township may levy fees under this division by enacting an | 39675 |
| ordinance or adopting a resolution establishing the amount of the | 39676 |
| fees. Upon so doing the legislative authority shall mail a | 39677 |
| certified copy of the ordinance or resolution to the board of | 39678 |
| county commissioners or directors of the county or joint solid | 39679 |
| waste management district in which the municipal corporation or | 39680 |
| township is located or, if a regional solid waste management | 39681 |
| authority has been formed under section 343.011 of the Revised | 39682 |
| Code, to the board of trustees of that regional authority, the | 39683 |
| owner or operator of each solid waste disposal facility in the | 39684 |
| municipal corporation or township that is required to collect the | 39685 |
| fee by the ordinance or resolution, and the director of | 39686 |
| environmental protection. Although the fees levied under this | 39687 |
| division are levied on the basis of tons as the unit of | 39688 |
| measurement, the legislative authority, in its ordinance or | 39689 |
| resolution levying the fees under this division, may direct that | 39690 |
| the fees be levied on the basis of cubic yards as the unit of | 39691 |
| measurement based upon a conversion factor of three cubic yards | 39692 |
| per ton generally or one cubic yard per ton for baled wastes. | 39693 |
| Not later than five days after enacting an ordinance or | 39694 |
| adopting a resolution under this division, the legislative | 39695 |
| authority shall so notify by certified mail the owner or operator | 39696 |
| of each solid waste disposal facility that is required to collect | 39697 |
| the fee. Collection of any fee levied on or after March 24, 1992, | 39698 |
| shall commence on the first day of the second month following the | 39699 |
| month in which notification is sent to the owner or operator. | 39700 |
| (D)(1) The fees levied under divisions (A), (B), and (C) of | 39701 |
| this section do not apply to the disposal of solid wastes that: | 39702 |
| (a) Are disposed of at a facility owned by the generator of | 39703 |
| the wastes when the solid waste facility exclusively disposes of | 39704 |
| solid wastes generated at one or more premises owned by the | 39705 |
| generator regardless of whether the facility is located on a | 39706 |
| premises where the wastes are generated; | 39707 |
| (b) Are disposed of at facilities that exclusively dispose of | 39708 |
| wastes that are generated from the combustion of coal, or from the | 39709 |
| combustion of primarily coal in combination with scrap tires, that | 39710 |
| is not combined in any way with garbage at one or more premises | 39711 |
| owned by the generator. | 39712 |
| (2) Except as provided in section 3734.571 of the Revised | 39713 |
| Code, any fees levied under division (B)(1) of this section apply | 39714 |
| to solid wastes originating outside the boundaries of a county or | 39715 |
| joint district that are covered by an agreement for the joint use | 39716 |
| of solid waste facilities entered into under section 343.02 of the | 39717 |
| Revised Code by the board of county commissioners or board of | 39718 |
| directors of the county or joint district where the wastes are | 39719 |
| generated and disposed of. | 39720 |
| (3) When solid wastes, other than solid wastes that consist | 39721 |
| of scrap tires, are burned in a disposal facility that is an | 39722 |
| incinerator or energy recovery facility, the fees levied under | 39723 |
| divisions (A), (B), and (C) of this section shall be levied upon | 39724 |
| the disposal of the fly ash and bottom ash remaining after burning | 39725 |
| of the solid wastes and shall be collected by the owner or | 39726 |
| operator of the sanitary landfill where the ash is disposed of. | 39727 |
| (4) When solid wastes are delivered to a solid waste transfer | 39728 |
| facility, the fees levied under divisions (A), (B), and (C) of | 39729 |
| this section shall be levied upon the disposal of solid wastes | 39730 |
| transported off the premises of the transfer facility for disposal | 39731 |
| and shall be collected by the owner or operator of the solid waste | 39732 |
| disposal facility where the wastes are disposed of. | 39733 |
| (5) The fees levied under divisions (A), (B), and (C) of this | 39734 |
| section do not apply to sewage sludge that is generated by a waste | 39735 |
| water treatment facility holding a national pollutant discharge | 39736 |
| elimination system permit and that is disposed of through | 39737 |
| incineration, land application, or composting or at another | 39738 |
| resource recovery or disposal facility that is not a landfill. | 39739 |
| (6) The fees levied under divisions (A), (B), and (C) of this | 39740 |
| section do not apply to solid wastes delivered to a solid waste | 39741 |
| composting facility for processing. When any unprocessed solid | 39742 |
| waste or compost product is transported off the premises of a | 39743 |
| composting facility and disposed of at a landfill, the fees levied | 39744 |
| under divisions (A), (B), and (C) of this section shall be | 39745 |
| collected by the owner or operator of the landfill where the | 39746 |
| unprocessed waste or compost product is disposed of. | 39747 |
| (7) When solid wastes that consist of scrap tires are | 39748 |
| processed at a scrap tire recovery facility, the fees levied under | 39749 |
| divisions (A), (B), and (C) of this section shall be levied upon | 39750 |
| the disposal of the fly ash and bottom ash or other solid wastes | 39751 |
| remaining after the processing of the scrap tires and shall be | 39752 |
| collected by the owner or operator of the solid waste disposal | 39753 |
| facility where the ash or other solid wastes are disposed of. | 39754 |
| (8) The fees levied under this section do not apply to solid | 39755 |
| wastes, including, but not limited to, scrap tires, that are | 39756 |
| generated, transferred, or disposed of as a result of a contract | 39757 |
| providing for the expenditure of public funds entered into by the | 39758 |
| administrator or regional administrator of the United States | 39759 |
| environmental protection agency, the director of environmental | 39760 |
| protection, or the director of administrative services on behalf | 39761 |
| of the director of environmental protection for the purpose of | 39762 |
| remediating conditions at a hazardous waste facility, solid waste | 39763 |
| facility, or other location at which the administrator or regional | 39764 |
| administrator or the director of environmental protection has | 39765 |
| reason to believe that there is a substantial threat to public | 39766 |
| health or safety or the environment or that the conditions are | 39767 |
| causing or contributing to air or water pollution or soil | 39768 |
| contamination. | 39769 |
| (E) The fees levied under divisions (B) and (C) of this | 39770 |
| section shall be collected by the owner or operator of the solid | 39771 |
| waste disposal facility where the wastes are disposed of as a | 39772 |
| trustee for the county or joint district and municipal corporation | 39773 |
| or township where the wastes are disposed of. Moneys from the fees | 39774 |
| levied under division (B) of this section shall be forwarded to | 39775 |
| the board of county commissioners or board of directors of the | 39776 |
| district in accordance with rules adopted under division (H) of | 39777 |
| this section. Moneys from the fees levied under division (C) of | 39778 |
| this section shall be forwarded to the treasurer or such other | 39779 |
| officer of the municipal corporation as, by virtue of the charter, | 39780 |
| has the duties of the treasurer or to the clerk of the township, | 39781 |
| as appropriate, in accordance with those rules. | 39782 |
| (F) Moneys received by the treasurer or such other officer of | 39783 |
| the municipal corporation under division (E) of this section shall | 39784 |
| be paid into the general fund of the municipal corporation. Moneys | 39785 |
| received by the clerk of the township under that division shall be | 39786 |
| paid into the general fund of the township. The treasurer or such | 39787 |
| other officer of the municipal corporation or the clerk, as | 39788 |
| appropriate, shall maintain separate records of the moneys | 39789 |
| received from the fees levied under division (C) of this section. | 39790 |
| (G) Moneys received by the board of county commissioners or | 39791 |
| board of directors under division (E) of this section or section | 39792 |
| 3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code | 39793 |
| shall be paid to the county treasurer, or other official acting in | 39794 |
| a similar capacity under a county charter, in a county district or | 39795 |
| to the county treasurer or other official designated by the board | 39796 |
| of directors in a joint district and kept in a separate and | 39797 |
| distinct fund to the credit of the district. If a regional solid | 39798 |
| waste management authority has been formed under section 343.011 | 39799 |
| of the Revised Code, moneys received by the board of trustees of | 39800 |
| that regional authority under division (E) of this section shall | 39801 |
| be kept by the board in a separate and distinct fund to the credit | 39802 |
| of the district. Moneys in the special fund of the county or joint | 39803 |
| district arising from the fees levied under division (B) of this | 39804 |
| section and the fee levied under division (A) of section 3734.573 | 39805 |
| of the Revised Code shall be expended by the board of county | 39806 |
| commissioners or directors of the district in accordance with the | 39807 |
| district's solid waste management plan or amended plan approved | 39808 |
| under section 3734.521, 3734.55, or 3734.56 of the Revised Code | 39809 |
| exclusively for the following purposes: | 39810 |
| (1) Preparation of the solid waste management plan of the | 39811 |
| district under section 3734.54 of the Revised Code, monitoring | 39812 |
| implementation of the plan, and conducting the periodic review and | 39813 |
| amendment of the plan required by section 3734.56 of the Revised | 39814 |
| Code by the solid waste management policy committee; | 39815 |
| (2) Implementation of the approved solid waste management | 39816 |
| plan or amended plan of the district, including, without | 39817 |
| limitation, the development and implementation of solid waste | 39818 |
| recycling or reduction programs; | 39819 |
| (3) Providing financial assistance to boards of health within | 39820 |
| the district, if solid waste facilities are located within the | 39821 |
| district, for enforcement of this chapter and rules, orders, and | 39822 |
| terms and conditions of permits, licenses, and variances adopted | 39823 |
| or issued under it, other than the hazardous waste provisions of | 39824 |
| this chapter and rules adopted and orders and terms and conditions | 39825 |
| of permits issued under those provisions; | 39826 |
| (4) Providing financial assistance to each county within the | 39827 |
| district to defray the added costs of maintaining roads and other | 39828 |
| public facilities and of providing emergency and other public | 39829 |
| services resulting from the location and operation of a solid | 39830 |
| waste facility within the county under the district's approved | 39831 |
| solid waste management plan or amended plan; | 39832 |
| (5) Pursuant to contracts entered into with boards of health | 39833 |
| within the district, if solid waste facilities contained in the | 39834 |
| district's approved plan or amended plan are located within the | 39835 |
| district, for paying the costs incurred by those boards of health | 39836 |
| for collecting and analyzing samples from public or private water | 39837 |
| wells on lands adjacent to those facilities; | 39838 |
| (6) Developing and implementing a program for the inspection | 39839 |
| of solid wastes generated outside the boundaries of this state | 39840 |
| that are disposed of at solid waste facilities included in the | 39841 |
| district's approved solid waste management plan or amended plan; | 39842 |
| (7) Providing financial assistance to boards of health within | 39843 |
| the district for the enforcement of section 3734.03 of the Revised | 39844 |
| Code or to local law enforcement agencies having jurisdiction | 39845 |
| within the district for enforcing anti-littering laws and | 39846 |
| ordinances; | 39847 |
| (8) Providing financial assistance to boards of health of | 39848 |
| health districts within the district that are on the approved list | 39849 |
| under section 3734.08 of the Revised Code to defray the costs to | 39850 |
| the health districts for the participation of their employees | 39851 |
| responsible for enforcement of the solid waste provisions of this | 39852 |
| chapter and rules adopted and orders and terms and conditions of | 39853 |
| permits, licenses, and variances issued under those provisions in | 39854 |
| the training and certification program as required by rules | 39855 |
| adopted under division (L) of section 3734.02 of the Revised Code; | 39856 |
| (9) Providing financial assistance to individual municipal | 39857 |
| corporations and townships within the district to defray their | 39858 |
| added costs of maintaining roads and other public facilities and | 39859 |
| of providing emergency and other public services resulting from | 39860 |
| the location and operation within their boundaries of a | 39861 |
| composting, energy or resource recovery, incineration, or | 39862 |
| recycling facility that either is owned by the district or is | 39863 |
| furnishing solid waste management facility or recycling services | 39864 |
| to the district pursuant to a contract or agreement with the board | 39865 |
| of county commissioners or directors of the district; | 39866 |
| (10) Payment of any expenses that are agreed to, awarded, or | 39867 |
| ordered to be paid under section 3734.35 of the Revised Code and | 39868 |
| of any administrative costs incurred pursuant to that section. In | 39869 |
| the case of a joint solid waste management district, if the board | 39870 |
| of county commissioners of one of the counties in the district is | 39871 |
| negotiating on behalf of affected communities, as defined in that | 39872 |
| section, in that county, the board shall obtain the approval of | 39873 |
| the board of directors of the district in order to expend moneys | 39874 |
| for administrative costs incurred. | 39875 |
| Prior to the approval of the district's solid waste | 39876 |
| management plan under section 3734.55 of the Revised Code, moneys | 39877 |
| in the special fund of the district arising from the fees shall be | 39878 |
| expended for those purposes in the manner prescribed by the solid | 39879 |
| waste management policy committee by resolution. | 39880 |
| Notwithstanding division (G)(6) of this section as it existed | 39881 |
| prior to October 29, 1993, or any provision in a district's solid | 39882 |
| waste management plan prepared in accordance with division | 39883 |
| (B)(2)(e) of section 3734.53 of the Revised Code as it existed | 39884 |
| prior to that date, any moneys arising from the fees levied under | 39885 |
| division (B)(3) of this section prior to January 1, 1994, may be | 39886 |
| expended for any of the purposes authorized in divisions (G)(1) to | 39887 |
| (10) of this section. | 39888 |
| (H) The director shall adopt rules in accordance with Chapter | 39889 |
| 119. of the Revised Code prescribing procedures for collecting and | 39890 |
| forwarding the fees levied under divisions (B) and (C) of this | 39891 |
| section to the boards of county commissioners or directors of | 39892 |
| county or joint solid waste management districts and to the | 39893 |
| treasurers or other officers of municipal corporations or to the | 39894 |
| clerks of townships. The rules also shall prescribe the dates for | 39895 |
| forwarding the fees to the boards and officials and may prescribe | 39896 |
| any other requirements the director considers necessary or | 39897 |
| appropriate to implement and administer divisions (A), (B), and | 39898 |
|
(C) of this
section. | 39899 |
| 39900 | |
| 39901 | |
| 39902 |
| Sec. 3734.573. (A) For the | 39903 |
| 39904 | |
| 39905 | |
| 39906 | |
| 39907 | |
| 39908 | |
| 39909 | |
| 39910 | |
| 39911 | |
| 39912 | |
| 39913 | |
| 39914 | |
| 39915 | |
| 39916 | |
| 39917 | |
| 39918 | |
| 39919 | |
| 39920 | |
| 39921 | |
| 39922 | |
| 39923 | |
| 39924 | |
| 39925 | |
| 39926 | |
| 39927 | |
| 39928 | |
| 39929 | |
| 39930 | |
| 39931 | |
| 39932 | |
| 39933 | |
| 39934 | |
| 39935 | |
| 39936 | |
| 39937 | |
| 39938 | |
| 39939 | |
| 39940 | |
| 39941 | |
| 39942 | |
| 39943 | |
| 39944 | |
| 39945 | |
| purposes specified in division (G) of section 3734.57 of the | 39946 |
| Revised Code, the solid waste management policy committee of a | 39947 |
| county or joint solid waste management district may levy a fee on | 39948 |
| the generation of solid wastes within the district. | 39949 |
| The initial or amended solid waste management plan of the | 39950 |
| county or joint district approved under section 3734.521, 3734.55, | 39951 |
| or 3734.56 of the Revised Code, an amendment to the district's | 39952 |
| plan adopted under division (E) of section 3734.56 of the Revised | 39953 |
| Code, or the resolution adopted and ratified under division (B) of | 39954 |
| this section shall establish the rate of the fee levied under this | 39955 |
| division and shall specify whether the fee is levied on the basis | 39956 |
| of tons or cubic yards as the unit of measurement. | 39957 |
| (B) Prior to the approval under division (A) of section | 39958 |
| 3734.56 of the Revised Code of the first amended plan that the | 39959 |
| district is required to submit for approval under that section, | 39960 |
| the approval of an initial plan under section 3734.521 of the | 39961 |
| Revised Code, the approval of an amended plan under section | 39962 |
| 3734.521 or division (D) of section 3734.56 of the Revised Code, | 39963 |
| or the amendment of the district's plan under division (E) of | 39964 |
| section 3734.56 of the Revised Code, the solid waste management | 39965 |
| policy committee of a county or joint district that is operating | 39966 |
| under an initial plan approved under section 3734.55 of the | 39967 |
| Revised Code, or one for which approval of its initial plan is | 39968 |
| pending before the director of environmental protection on October | 39969 |
| 29, 1993, under section 3734.55 of the Revised Code, may levy a | 39970 |
| fee under division (A) of this section by adopting and obtaining | 39971 |
| ratification of a resolution establishing the amount of the fee. A | 39972 |
| policy committee that, after December 1, 1993, concurrently | 39973 |
| proposes to levy a fee under division (A) of this section and to | 39974 |
| amend the fees levied by the district under divisions (B)(1) to | 39975 |
| (3) of section 3734.57 of the Revised Code may adopt and obtain | 39976 |
| ratification of one resolution proposing to do both. The | 39977 |
| requirements and procedures set forth in division (B) of section | 39978 |
| 3734.57 of the Revised Code governing the adoption, amendment, and | 39979 |
| repeal of resolutions levying fees under divisions (B)(1) to (3) | 39980 |
| of that section, the ratification of those resolutions, and the | 39981 |
| notification of owners and operators of solid waste facilities | 39982 |
| required to collect fees levied under those divisions govern the | 39983 |
| adoption of the resolutions authorized to be adopted under this | 39984 |
| division, the ratification thereof, and the notification of owners | 39985 |
| and operators required to collect the fees, except as otherwise | 39986 |
| specifically provided in division (C) of this section. | 39987 |
| (C) Any initial or amended plan of a district adopted under | 39988 |
| section 3734.521 or 3734.56 of the Revised Code, or resolution | 39989 |
| adopted under division (B) of this section, that proposes to levy | 39990 |
| a fee under division (A) of this section that exceeds five dollars | 39991 |
| per ton shall be ratified in accordance with the provisions of | 39992 |
| section 3734.55 or division (B) of section 3734.57 of the Revised | 39993 |
| Code, as applicable, except that such an initial or amended plan | 39994 |
| or resolution shall be approved by a combination of municipal | 39995 |
| corporations and townships with a combined population within the | 39996 |
| boundaries of the district comprising at least seventy-five per | 39997 |
| cent, rather than at least sixty per cent, of the total population | 39998 |
| of the district. | 39999 |
| (D) The policy committee of a county or joint district may | 40000 |
| amend the fee levied by the district under division (A) of this | 40001 |
| section by adopting and obtaining ratification of a resolution | 40002 |
| establishing the amount of the amended fee. The policy committee | 40003 |
| may abolish the fee or an amended fee established under this | 40004 |
| division by adopting and obtaining ratification of a resolution | 40005 |
| proposing to repeal it. The requirements and procedures under | 40006 |
| division (B) and, if applicable, division (C) of this section | 40007 |
| govern the adoption and ratification of a resolution authorized to | 40008 |
| be adopted under this division and the notification of owners and | 40009 |
| operators of solid waste facilities required to collect the fees. | 40010 |
| (E) Collection of a fee or amended fee levied under division | 40011 |
| (A) or (D) of this section shall commence or cease in accordance | 40012 |
| with division (B) of section 3734.57 of the Revised Code. If a | 40013 |
| district is levying a fee under section 3734.572 of the Revised | 40014 |
| Code, collection of that fee shall cease on the date on which | 40015 |
| collection of the fee levied under division (A) of this section | 40016 |
| commences in accordance with division (B) of section 3734.57 of | 40017 |
| the Revised Code. | 40018 |
| (F) In the case of solid wastes that are taken to a solid | 40019 |
| waste transfer facility prior to being transported to a solid | 40020 |
| waste disposal facility for disposal, the fee levied under | 40021 |
| division (A) of this section shall be collected by the owner or | 40022 |
| operator of the transfer facility as a trustee for the district. | 40023 |
| In the case of solid wastes that are not taken to a solid waste | 40024 |
| transfer facility prior to being transported to a solid waste | 40025 |
| disposal facility, the fee shall be collected by the owner or | 40026 |
| operator of the solid waste disposal facility where the wastes are | 40027 |
| disposed of. An owner or operator of a solid waste transfer or | 40028 |
| disposal facility who is required to collect the fee shall collect | 40029 |
| and forward the fee to the district in accordance with section | 40030 |
| 3734.57 of the Revised Code and rules adopted under division (H) | 40031 |
| of that section. | 40032 |
| If the owner or operator of a solid waste transfer or | 40033 |
| disposal facility who did not receive notice pursuant to division | 40034 |
| (B) of this section to collect the fee levied by a district under | 40035 |
| division (A) of this section receives solid wastes generated in | 40036 |
| the district, the owner or operator, within thirty days after | 40037 |
| receiving the wastes, shall send written notice of that fact to | 40038 |
| the board of county commissioners or directors of the district. | 40039 |
| Within thirty days after receiving such a notice, the board of | 40040 |
| county commissioners or directors shall send written notice to the | 40041 |
| owner or operator indicating whether the district is levying a fee | 40042 |
| under division (A) of this section and, if so, the amount of the | 40043 |
| fee. | 40044 |
| (G) Moneys received by a district levying a fee under | 40045 |
| division (A) of this section shall be credited to the special fund | 40046 |
| of the district created in division (G) of section 3734.57 of the | 40047 |
| Revised Code and shall be used exclusively for the
purposes | 40048 |
| 40049 | |
| division. Prior to the approval under division (A) of section | 40050 |
| 3734.56 of the Revised Code of the first amended plan that the | 40051 |
| district is required to submit for approval under that section, | 40052 |
| the approval of an initial plan under section 3734.521 of the | 40053 |
| Revised Code, the approval of an amended plan under that section | 40054 |
| or division (D) of section 3734.56 of the Revised Code, or the | 40055 |
| amendment of the district's plan under division (E) of section | 40056 |
| 3734.56 of the Revised Code, moneys credited to the special fund | 40057 |
| arising from the fee levied pursuant to a resolution adopted and | 40058 |
| ratified under division (B) of this section shall be expended for | 40059 |
| those purposes in the manner prescribed by the solid waste | 40060 |
| management policy committee by resolution. | 40061 |
| (H) The fee levied under division (A) of this section does | 40062 |
| not apply to the management of solid wastes that: | 40063 |
| (1) Are disposed of at a facility owned by the generator of | 40064 |
| the wastes when the solid waste facility exclusively disposes of | 40065 |
| solid wastes generated at one or more premises owned by the | 40066 |
| generator regardless of whether the facility is located on a | 40067 |
| premises where the wastes were generated; | 40068 |
| (2) Are disposed of at facilities that exclusively dispose of | 40069 |
| wastes that are generated from the combustion of coal, or from the | 40070 |
| combustion of primarily coal in combination with scrap tires, that | 40071 |
| is not combined in any way with garbage at one or more premises | 40072 |
| owned by the generator. | 40073 |
| (I) When solid wastes that are burned in a disposal facility | 40074 |
| that is an incinerator or energy recovery facility are delivered | 40075 |
| to a solid waste transfer facility prior to being transported to | 40076 |
| the incinerator or energy recovery facility where they are burned, | 40077 |
| the fee levied under division (A) of this section shall be levied | 40078 |
| on the wastes delivered to the transfer facility. | 40079 |
| (J) When solid wastes that are burned in a disposal facility | 40080 |
| that is an incinerator or energy recovery facility are not | 40081 |
| delivered to a solid waste transfer facility prior to being | 40082 |
| transported to the incinerator or energy recovery facility where | 40083 |
| they are burned, the fee levied under division (A) of this section | 40084 |
| shall be levied on the wastes delivered to the incinerator or | 40085 |
| energy recovery facility. | 40086 |
| (K) The fee levied under division (A) of this section does | 40087 |
| not apply to sewage sludge that is generated by a waste water | 40088 |
| treatment facility holding a national pollutant discharge | 40089 |
| elimination system permit and that is disposed of through | 40090 |
| incineration, land application, or composting or at another | 40091 |
| resource recovery or disposal facility that is not a landfill. | 40092 |
| (L) The fee levied under division (A) of this section does | 40093 |
| not apply to yard waste delivered to a solid waste composting | 40094 |
| facility for processing or to a solid waste transfer facility. | 40095 |
| (M) The fee levied under division (A) of this section does | 40096 |
| not apply to materials separated from a mixed waste stream for | 40097 |
| recycling by the generator. | 40098 |
| (N) The fees levied under this section do not apply to solid | 40099 |
| wastes, including, but not limited to, scrap tires, that are | 40100 |
| generated, transferred, or disposed of as a result of a contract | 40101 |
| providing for the expenditure of public funds entered into by the | 40102 |
| administrator or regional administrator of the United States | 40103 |
| environmental protection agency, the director of environmental | 40104 |
| protection, or the director of administrative services on behalf | 40105 |
| of the director of environmental protection for the purpose of | 40106 |
| remediating conditions at a hazardous waste facility, solid waste | 40107 |
| facility, or other location at which the administrator or regional | 40108 |
| administrator or the director of environmental protection has | 40109 |
| reason to believe that there is a substantial threat to public | 40110 |
| health or safety or the environment or that the conditions are | 40111 |
| causing or contributing to air or water pollution or soil | 40112 |
| contamination. | 40113 |
| Sec. 3734.85. (A) On and after the effective date of the | 40114 |
| rules adopted under sections 3734.70, 3734.71, 3734.72, and | 40115 |
| 3734.73 of the Revised Code, the director of environmental | 40116 |
| protection may take action under this section to abate | 40117 |
| accumulations of scrap tires. If the director determines that an | 40118 |
| accumulation of scrap tires constitutes a danger to the public | 40119 |
| health or safety or to the environment, | 40120 |
| issue an order under section 3734.13 of the Revised Code to the | 40121 |
| person responsible for the accumulation of scrap tires directing | 40122 |
| that person, within one hundred twenty days after the issuance of | 40123 |
| the order, to remove the accumulation of scrap tires from the | 40124 |
| premises on which it is located and transport the tires to a scrap | 40125 |
| tire storage, monocell, monofill, or recovery facility licensed | 40126 |
| under section 3734.81 of the Revised Code, to such a facility in | 40127 |
| another state operating in compliance with the laws of the state | 40128 |
| in which it is located, or to any other solid waste disposal | 40129 |
| facility in another state that is operating in compliance with the | 40130 |
| laws of that state. If the person responsible for causing the | 40131 |
| accumulation of scrap tires is a person different from the owner | 40132 |
| of the land on which the accumulation is located, the director may | 40133 |
| issue such an order to the landowner. | 40134 |
| If the director is unable to ascertain immediately the | 40135 |
| identity of the person responsible for causing the accumulation of | 40136 |
| scrap tires, | 40137 |
| applicable board of health and law enforcement agencies to | 40138 |
| ascertain that person's identity. Before initiating any | 40139 |
| enforcement or removal actions under this division against the | 40140 |
| owner of the land on which the accumulation is located, the | 40141 |
| director shall initiate any such actions against the person that | 40142 |
| 40143 | |
| accumulation of scrap tires. Failure of the director to make | 40144 |
| diligent efforts to ascertain the identity of the person | 40145 |
| responsible for causing the accumulation of scrap tires or to | 40146 |
| initiate an action against the person responsible for causing the | 40147 |
| accumulation shall not constitute an affirmative defense by a | 40148 |
| landowner to an enforcement action initiated by the director under | 40149 |
| this division requiring immediate removal of any accumulation of | 40150 |
| scrap tires. | 40151 |
| Upon the written request of the recipient of an order issued | 40152 |
| under this division, the director may extend the time for | 40153 |
| compliance with the order if the request demonstrates that the | 40154 |
| recipient has acted in good faith to comply with the order. If the | 40155 |
| recipient of an order issued under this division fails to comply | 40156 |
| with the order within one hundred twenty days after the issuance | 40157 |
| of the order or, if the time for compliance with the order was so | 40158 |
| extended, within that time, the director shall take such actions | 40159 |
| as | 40160 |
| and properly manage the scrap tires located on the land named in | 40161 |
| the order. The director, through employees of the environmental | 40162 |
| protection agency or a contractor, may enter upon the land on | 40163 |
| which the accumulation of scrap tires is located and remove and | 40164 |
| transport them to a scrap tire recovery facility for processing, | 40165 |
| to a scrap tire storage facility for storage, or to a scrap tire | 40166 |
| monocell or monofill facility for storage or disposal. | 40167 |
| The director shall enter into contracts with the owners or | 40168 |
| operators of scrap tire storage, monocell, monofill, or recovery | 40169 |
| facilities for the storage, disposal, or processing of scrap tires | 40170 |
| removed through removal operations conducted under this section. | 40171 |
| In doing so, the director shall give preference to scrap tire | 40172 |
| recovery facilities. | 40173 |
| If a person to whom a removal order is issued under this | 40174 |
| division fails to comply with the order and if the director | 40175 |
| performs a removal action under this section, the person to whom | 40176 |
| the removal order is issued is liable to the director for the | 40177 |
| costs incurred by the director for conducting the removal | 40178 |
| operation, storage at a scrap tire storage facility, storage or | 40179 |
| disposal at a scrap tire monocell or monofill facility, or | 40180 |
| processing of the scrap tires so removed, the transportation of | 40181 |
| the scrap tires from the site of the accumulation to the scrap | 40182 |
| tire storage, monocell, monofill, or recovery facility where the | 40183 |
| scrap tires were stored, disposed of, or processed, and the | 40184 |
| administrative and legal expenses incurred by the director in | 40185 |
| connection with the removal operation. The director shall keep an | 40186 |
| itemized record of those costs. Upon completion of the actions for | 40187 |
| which the costs were incurred, the director shall record the costs | 40188 |
| at the office of the county recorder of the county in which the | 40189 |
| accumulation of scrap tires was located. The costs so recorded | 40190 |
| constitute a lien on the property on which the accumulation of | 40191 |
| scrap tires was located until discharged. Upon the written request | 40192 |
| of the director, the attorney general shall bring a civil action | 40193 |
| against the person responsible for the accumulation of the scrap | 40194 |
| tires that were the subject of the removal operation to recover | 40195 |
|
the costs | 40196 |
| 40197 | |
| 40198 | |
| 40199 | |
| 40200 | |
| 40201 | |
| 40202 | |
| liable under this division. Any money so received or recovered | 40203 |
| shall be credited to the scrap tire management fund created in | 40204 |
| section 3734.82 of the Revised Code. | 40205 |
| If, in a civil action brought under this division, an owner | 40206 |
| of real property is ordered to pay to the director the costs of a | 40207 |
| removal action that removed an accumulation of scrap tires from | 40208 |
| the person's land or if a lien is placed on the person's land for | 40209 |
| the costs of such a removal action, and, in either case, if the | 40210 |
| landowner was not the person responsible for causing the | 40211 |
| accumulation of scrap tires so removed, the landowner may bring a | 40212 |
| civil action against the person who was responsible for causing | 40213 |
| the accumulation to recover the amount of the removal costs that | 40214 |
| the court ordered the landowner to pay to the director or the | 40215 |
| amount of the removal costs certified to the county recorder as a | 40216 |
| lien on the landowner's property, whichever is applicable. If the | 40217 |
| landowner prevails in the civil action against the person who was | 40218 |
| responsible for causing the accumulation of scrap tires, the | 40219 |
| court, as it considers appropriate, may award to the landowner the | 40220 |
| reasonable attorney's fees incurred by the landowner for bringing | 40221 |
| the action, court costs, and other reasonable expenses incurred by | 40222 |
| the landowner in connection with the civil action. A landowner | 40223 |
| shall bring such a civil action within two years after making the | 40224 |
| final payment of the removal costs to the director pursuant to the | 40225 |
| judgment rendered against the landowner in the civil action | 40226 |
| brought under this division upon the director's request or within | 40227 |
| two years after the director certified the costs of the removal | 40228 |
| action to the county recorder, as appropriate. A person who, at | 40229 |
| the time that a removal action was conducted under this division, | 40230 |
| owned the land on which the removal action was performed may bring | 40231 |
| an action under this division to recover the costs of the removal | 40232 |
| action from the person responsible for causing the accumulation of | 40233 |
| scrap tires so removed regardless of whether the person owns the | 40234 |
| land at the time of bringing the action. | 40235 |
| Subject to the limitations set forth in division (G) of | 40236 |
| section 3734.82 of the Revised Code, the director may use moneys | 40237 |
|
in the scrap tire management fund | 40238 |
| conducting removal actions under this division. Any moneys | 40239 |
| recovered under this division shall be credited to the scrap tire | 40240 |
| management fund. | 40241 |
| (B) The director shall initiate enforcement and removal | 40242 |
| actions under division (A) of this section in accordance with the | 40243 |
| following descending listing of priorities: | 40244 |
| (1) Accumulations of scrap tires that the director finds | 40245 |
| constitute a fire hazard or threat to public health; | 40246 |
| (2) Accumulations of scrap tires determined by the director | 40247 |
| to contain more than one million scrap tires; | 40248 |
| (3) Accumulations of scrap tires in densely populated areas; | 40249 |
| (4) Other accumulations of scrap tires that the director or | 40250 |
| board of health of the health district in which the accumulation | 40251 |
| is located determines constitute a public nuisance; | 40252 |
| (5) Any other accumulations of scrap tires present on | 40253 |
| premises operating without a valid license issued under section | 40254 |
| 3734.05 or 3734.81 of the Revised Code. | 40255 |
| (C) The director shall not take enforcement and removal | 40256 |
| actions under division (A) of this section against the owner or | 40257 |
| operator of, or the owner of the land on which is located, any of | 40258 |
| the following: | 40259 |
| (1) A premises where not more than one hundred scrap tires | 40260 |
| are present at any time; | 40261 |
| (2) The premises of a business engaging in the sale of tires | 40262 |
| at retail that meets either of the following criteria: | 40263 |
| (a) Not more than one thousand scrap tires are present on the | 40264 |
| premises at any time in an unsecured, uncovered outdoor
location | 40265 |
| (b) Any number of scrap tires are secured in a building or a | 40266 |
| covered, enclosed container, trailer, or installation. | 40267 |
| (3) The premises of a tire retreading business, a tire | 40268 |
| manufacturing finishing center, or a tire adjustment center on | 40269 |
| which is located a single, covered scrap tire storage area where | 40270 |
| not more than four thousand scrap tires are stored; | 40271 |
| (4) The premises of a business that removes tires from motor | 40272 |
| vehicles in the ordinary course of business and on which is | 40273 |
| located a single scrap tire storage area that occupies not more | 40274 |
| than twenty-five hundred square feet; | 40275 |
| (5) A solid waste facility licensed under section 3734.05 of | 40276 |
| the Revised Code that stores scrap tires on the surface of the | 40277 |
| ground if the total land area on which scrap tires are actually | 40278 |
| stored does not exceed ten thousand square feet; | 40279 |
| (6) A premises where not more than two hundred fifty scrap | 40280 |
| tires are stored or kept for agricultural use; | 40281 |
| (7) A construction site where scrap tires are stored for use | 40282 |
| or used in road resurfacing or the construction of embankments; | 40283 |
| (8) A scrap tire collection, storage, monocell, monofill, or | 40284 |
| recovery facility licensed under section 3734.81 of the Revised | 40285 |
| Code; | 40286 |
| (9) A solid waste incineration or energy recovery facility | 40287 |
| that is subject to regulation under this chapter and that burns | 40288 |
| scrap tires; | 40289 |
| (10) A premises where scrap tires are beneficially used and | 40290 |
| for which the notice required by rules adopted under section | 40291 |
| 3734.84 of the Revised Code has been given; | 40292 |
| (11) A transporter registered under section 3734.83 of the | 40293 |
| Revised Code that collects and holds scrap tires in a covered | 40294 |
| trailer or vehicle for not longer than thirty days prior to | 40295 |
| transporting them to their final destination. | 40296 |
| (D) Nothing in this section restricts any right any person | 40297 |
| may have under statute or common law to enforce or seek | 40298 |
| enforcement of any law applicable to the management of scrap | 40299 |
| tires, abate a nuisance, or seek any other appropriate relief. | 40300 |
| (E) An owner of real property upon which there is located an | 40301 |
| accumulation of not more than two thousand scrap tires is not | 40302 |
| liable under division (A) of this section for the cost of the | 40303 |
| removal of the scrap tires, and no lien shall attach to the | 40304 |
| property under this section, if all of the following conditions | 40305 |
| are met: | 40306 |
| (1) The tires were placed on the property after the owner | 40307 |
| acquired title to the property, or the tires were placed on the | 40308 |
| property before the owner acquired title to the property and the | 40309 |
|
owner acquired title to the property by bequest or devise | 40310 |
| (2) The owner of the property did not have knowledge that the | 40311 |
| tires were being placed on the property, or the owner posted on | 40312 |
| the property signs prohibiting dumping or took other action to | 40313 |
|
prevent the placing of tires on the property | 40314 |
| (3) The owner of the property did not participate in or | 40315 |
|
consent to the placing of the tires on the property | 40316 |
| (4) The owner of the property received no financial benefit | 40317 |
| from the placing of the tires on the property or otherwise having | 40318 |
| the tires on the property | 40319 |
| (5) Title to the property was not transferred to the owner | 40320 |
| for the purpose of evading liability under division (A) of this | 40321 |
|
section | 40322 |
| (6) The person responsible for placing the tires on the | 40323 |
| property, in doing so, was not acting as an agent for the owner of | 40324 |
| the property. | 40325 |
| Sec. 3734.901. (A)(1) For the purpose of providing revenue | 40326 |
| to defray the cost of administering and enforcing the scrap tire | 40327 |
| provisions of this chapter, rules adopted under those provisions, | 40328 |
| and terms and conditions of orders, variances, and licenses issued | 40329 |
| under those provisions; to abate accumulations of scrap tires; to | 40330 |
| make grants to promote research regarding alternative methods of | 40331 |
| recycling scrap tires and loans to promote the recycling or | 40332 |
| recovery of energy from scrap tires; and to defray the costs of | 40333 |
| administering and enforcing sections 3734.90 to 3734.9014 of the | 40334 |
| Revised Code, a fee of fifty cents per tire is hereby levied on | 40335 |
| the sale of tires. The fee is levied from the first day of the | 40336 |
| calendar month that begins next after thirty days from October 29, | 40337 |
|
1993, through June 30, | 40338 |
| (2) Beginning on
| 40339 |
| 5, 2001, and ending on June 30, 2011, there is hereby levied an | 40340 |
| additional fee of fifty cents per tire on the sale of tires the | 40341 |
| proceeds of which shall be deposited in the state treasury to the | 40342 |
| credit of the scrap tire management fund created in section | 40343 |
| 3734.82 of the Revised Code and be used exclusively for the | 40344 |
| purposes specified in division (G)(3) of that section. | 40345 |
| (B) Only one sale of the same article shall be used in | 40346 |
| computing the amount of the fee due. | 40347 |
| Sec. 3734.9010. | 40348 |
| treasurer of state pursuant to sections 3734.90 to 3734.9014 of | 40349 |
| the Revised Code shall be certified directly to the credit of the | 40350 |
| tire fee administrative fund, which is hereby created in the state | 40351 |
| treasury, for appropriation to the department of taxation for use | 40352 |
| in administering those sections. The remainder of the amounts paid | 40353 |
| to the treasurer of state shall be deposited to the credit of the | 40354 |
| scrap tire management fund created in section 3734.82 of the | 40355 |
| Revised Code. | 40356 |
| Sec. 3735.27. (A) Whenever the director of development has | 40357 |
| determined that there is need for a housing authority in any | 40358 |
| portion of any county that comprises two or more political | 40359 |
| subdivisions or portions of two or more political subdivisions but | 40360 |
| is less than all the territory within the county, a metropolitan | 40361 |
| housing authority shall be declared to exist, and the territorial | 40362 |
| limits of the authority shall be defined, by a letter from the | 40363 |
| director. The director shall issue a determination from the | 40364 |
| department of development declaring that there is need for a | 40365 |
| housing authority within those territorial limits after finding | 40366 |
| either of the following: | 40367 |
| (1) Unsanitary or unsafe inhabited housing accommodations | 40368 |
| exist in that area; | 40369 |
| (2) There is a shortage of safe and sanitary housing | 40370 |
| accommodations in that area available to persons who lack the | 40371 |
| amount of income that is necessary, as determined by the director, | 40372 |
| to enable them, without financial assistance, to live in decent, | 40373 |
| safe, and sanitary dwellings without congestion. | 40374 |
| In determining whether dwelling accommodations are unsafe or | 40375 |
| unsanitary, the director may take into consideration the degree of | 40376 |
| congestion, the percentage of land coverage, the light, air, | 40377 |
| space, and access available to the inhabitants of the dwelling | 40378 |
| accommodations, the size and arrangement of rooms, the sanitary | 40379 |
| facilities, and the extent to which conditions exist in the | 40380 |
| dwelling accommodations that endanger life or property by fire or | 40381 |
| other causes. | 40382 |
| The territorial limits of a metropolitan housing authority as | 40383 |
| defined by the director under this division shall be fixed for the | 40384 |
| authority upon proof of a letter from the director declaring the | 40385 |
| need for the authority to function in those territorial limits. | 40386 |
| Any such letter from the director, any certificate of | 40387 |
| determination issued by the director, and any certificate of | 40388 |
| appointment of members of the authority shall be admissible in | 40389 |
| evidence in any suit, action, or proceeding. | 40390 |
| A certified copy of the letter from the director declaring | 40391 |
| the existence of a metropolitan housing authority and the | 40392 |
| territorial limits of its district shall be immediately forwarded | 40393 |
| to each appointing authority. A metropolitan housing authority | 40394 |
| shall consist of members who are residents of the territory in | 40395 |
| which they serve. | 40396 |
| (B)(1) Except as otherwise provided in division (C), (D), or | 40397 |
| (E) of this section, the members of a metropolitan housing | 40398 |
| authority shall be appointed as follows: | 40399 |
| (a)(i) In a district in a county in which a charter has been | 40400 |
| adopted under Article X, Section 3 of the Ohio Constitution, and | 40401 |
| in which the most populous city is not the city with the largest | 40402 |
| ratio of housing units owned or managed by the authority to | 40403 |
| population, one member shall be appointed by the probate court, | 40404 |
| one member shall be appointed by the court of common pleas, one | 40405 |
| member shall be appointed by the board of county commissioners, | 40406 |
| one member shall be appointed by the chief executive officer of | 40407 |
| the city that has the largest ratio of housing units owned or | 40408 |
| managed by the authority to population, and two members shall be | 40409 |
| appointed by the chief executive officer of the most populous city | 40410 |
| in the district. | 40411 |
| (ii) If, in a district that appoints members pursuant to | 40412 |
| division (B)(1)(a) of this section, the most populous city becomes | 40413 |
| the city with the largest ratio of housing units owned or managed | 40414 |
| by the authority to population, when the term of office of the | 40415 |
| member who was appointed by the chief executive officer of the | 40416 |
| city with the largest ratio expires, that member shall not be | 40417 |
| reappointed, and the membership of the authority shall be as | 40418 |
| described in division (B)(1)(b) of this section. | 40419 |
| (b) In any district other than one described in division | 40420 |
| (B)(1)(a) of this section, one member shall be appointed by the | 40421 |
| probate court, one member shall be appointed by the court of | 40422 |
| common pleas, one member shall be appointed by the board of county | 40423 |
| commissioners, and two members shall be appointed by the chief | 40424 |
| executive officer of the most populous city in the district. | 40425 |
| (2) At the time of the initial appointment of the authority, | 40426 |
| the member appointed by the probate court shall be appointed for a | 40427 |
| period of four years, the member appointed by the court of common | 40428 |
| pleas shall be appointed for three years, the member appointed by | 40429 |
| the board of county commissioners shall be appointed for two | 40430 |
| years, one member appointed by the chief executive officer of the | 40431 |
| most populous city in the district shall be appointed for one | 40432 |
| year, and the other member appointed by the chief executive | 40433 |
| officer of the most populous city in the district shall be | 40434 |
| appointed for five years. | 40435 |
| If appointments are made under division (B)(1)(a) of this | 40436 |
| section, the member appointed by the chief executive officer of | 40437 |
| the city in the district that is not the most populous city, but | 40438 |
| that has the largest ratio of housing units owned or managed by | 40439 |
| the authority to population, shall be appointed for five years. | 40440 |
| After the initial appointments, all members of the authority | 40441 |
| shall be appointed for five-year terms, and any vacancy occurring | 40442 |
| upon the expiration of a term shall be filled by the appointing | 40443 |
| authority that made the initial appointment. | 40444 |
| (3) For purposes of this division, population shall be | 40445 |
| determined according to the last preceding federal census. | 40446 |
| (C) For any metropolitan housing authority district that | 40447 |
| contained, as of the 1990 federal census, a population of at least | 40448 |
| one million, two members of the authority shall be appointed by | 40449 |
| the legislative authority of the most populous city in the | 40450 |
| district, two members shall be appointed by the chief executive | 40451 |
| officer of the most populous city in the district, and one member | 40452 |
| shall be appointed by the chief executive officer, with the | 40453 |
| approval of the legislative authority, of the city in the district | 40454 |
| that has the second highest number of housing units owned or | 40455 |
| managed by the authority. | 40456 |
| At the time of the initial appointment of the authority, one | 40457 |
| member appointed by the legislative authority of the most populous | 40458 |
| city in the district shall be appointed for three years, and one | 40459 |
| such member shall be appointed for one year; the member appointed | 40460 |
| by the chief executive officer of the city with the second highest | 40461 |
| number of housing units owned or managed by the authority shall be | 40462 |
| appointed, with the approval of the legislative authority, for | 40463 |
| three years; and one member appointed by the chief executive | 40464 |
| officer of the most populous city in the district shall be | 40465 |
| appointed for three years, and one such member shall be appointed | 40466 |
| for one year. Thereafter, all members of the authority shall be | 40467 |
| appointed for three-year terms, and any vacancy shall be filled by | 40468 |
| the same appointing power that made the initial appointment. At | 40469 |
| the expiration of the term of any member appointed by the chief | 40470 |
| executive officer of the most populous city in the district before | 40471 |
| March 15, 1983, the chief executive officer of the most populous | 40472 |
| city in the district shall fill the vacancy by appointment for a | 40473 |
| three-year term. At the expiration of the term of any member | 40474 |
| appointed by the board of county commissioners before March 15, | 40475 |
| 1983, the chief executive officer of the city in the district with | 40476 |
| the second highest number of housing units owned or managed by the | 40477 |
| authority shall, with the approval of the municipal legislative | 40478 |
| authority, fill the vacancy by appointment for a three-year term. | 40479 |
| At the expiration of the term of any member appointed before March | 40480 |
| 15, 1983, by the court of common pleas or the probate court, the | 40481 |
| legislative authority of the most populous city in the district | 40482 |
| shall fill the vacancy by appointment for a three-year term. | 40483 |
| After March 15, 1983, at least one of the members appointed | 40484 |
| by the chief executive officer of the most populous city shall be | 40485 |
| a resident of a dwelling unit owned or managed by the authority. | 40486 |
| At least one of the initial appointments by the chief executive | 40487 |
| officer of the most populous city, after March 15, 1983, shall be | 40488 |
| a resident of a dwelling unit owned or managed by the authority. | 40489 |
| Thereafter, any member appointed by the chief executive officer of | 40490 |
| the most populous city for the term established by this initial | 40491 |
| appointment, or for any succeeding term, shall be a person who | 40492 |
| resides in a dwelling unit owned or managed by the authority. If | 40493 |
| there is an elected, representative body of all residents of the | 40494 |
| authority, the chief executive officer of the most populous city | 40495 |
| shall, whenever there is a vacancy in this resident term, provide | 40496 |
| written notice of the vacancy to the representative body. If the | 40497 |
| representative body submits to the chief executive officer of the | 40498 |
| most populous city, in writing and within sixty days after the | 40499 |
| date on which it was notified of the vacancy, the names of at | 40500 |
| least five residents of the authority who are willing and | 40501 |
| qualified to serve as a member, the chief executive officer of the | 40502 |
| most populous city shall appoint to the resident term one of the | 40503 |
| residents recommended by the representative body. At no time shall | 40504 |
| residents constitute a majority of the members of the authority. | 40505 |
| (D)(1) For any metropolitan housing authority district | 40506 |
| located in a county that had, as of the 2000 federal census, a | 40507 |
| population of at least four hundred thousand and no city with a | 40508 |
| population greater than thirty per cent of the total population of | 40509 |
| the county, one member of the authority shall be appointed by the | 40510 |
| probate court, one member shall be appointed by the court of | 40511 |
| common pleas, one member shall be appointed by the chief executive | 40512 |
| officer of the most populous city in the district, and two members | 40513 |
| shall be appointed by the board of county commissioners. | 40514 |
| (2) At the time of the initial appointment of a metropolitan | 40515 |
| housing authority pursuant to this division, the member appointed | 40516 |
| by the probate court shall be appointed for a period of four | 40517 |
| years, the member appointed by the court of common pleas shall be | 40518 |
| appointed for three years, the member appointed by the chief | 40519 |
| executive officer of the most populous city shall be appointed for | 40520 |
| two years, one member appointed by the board of county | 40521 |
| commissioners shall be appointed for one year, and the other | 40522 |
| member appointed by the board of county commissioners shall be | 40523 |
| appointed for five years. Thereafter, all members of the authority | 40524 |
| shall be appointed for five-year terms, with each term ending on | 40525 |
| the same day of the same month as the term that it succeeds. | 40526 |
| Vacancies shall be filled in the manner provided in the original | 40527 |
| appointments. Any member appointed to fill a vacancy occurring | 40528 |
| prior to the expiration of the term shall hold office as a member | 40529 |
| for the remainder of that term. | 40530 |
| (E)(1) | 40531 |
| appointed to | 40532 |
| 40533 | |
| 40534 | |
| 40535 | |
| 40536 | |
| 40537 | |
| 40538 | |
| 40539 | |
| required by federal law. The | 40540 |
| | 40541 |
| the district shall appoint | 40542 |
| resident member for | 40543 |
| 40544 | |
| 40545 | |
| 40546 | |
| of that resident member also shall be for five years, and | 40547 |
| 40548 | |
| be filled | 40549 |
| chief executive officer of the most populous city in the district. | 40550 |
| Any member appointed to fill such a vacancy | 40551 |
| 40552 | |
| 40553 | |
| of that term. If, at any time, | 40554 |
| | 40555 |
| qualifies as a resident | 40556 |
| another resident member shall be appointed by the appointing | 40557 |
| authority who originally appointed the resident member to serve | 40558 |
| for the unexpired portion of that term. | 40559 |
| (2) On and after the effective date of this amendment, any | 40560 |
| metropolitan housing authority to which two additional members | 40561 |
| were appointed pursuant to former division (E)(1) of this section | 40562 |
| as enacted by Amended Substitute House Bill No. 95 of the 125th | 40563 |
| general assembly shall continue to have those additional members. | 40564 |
| Their terms shall be for five years, and vacancies in their | 40565 |
| positions shall be filled in the manner provided for their | 40566 |
| original appointment under former division (E)(1) of this section | 40567 |
| as so enacted. | 40568 |
| (F) Public officials, other than the officers having the | 40569 |
| appointing power under this section, shall be eligible to serve as | 40570 |
| members, officers, or employees of a metropolitan housing | 40571 |
| authority notwithstanding any statute, charter, or law to the | 40572 |
| contrary. Not more than two such public officials shall be members | 40573 |
| of the authority at any one time. | 40574 |
| All members of an authority shall serve without compensation | 40575 |
| but shall be entitled to be reimbursed for all necessary expenses | 40576 |
| incurred. | 40577 |
| After a metropolitan housing authority district is formed, | 40578 |
| the director may enlarge the territory within the district to | 40579 |
| include other political subdivisions, or portions of other | 40580 |
| political subdivisions, but the territorial limits of the district | 40581 |
| shall be less than that of the county. | 40582 |
| (G)(1) Any vote taken by a metropolitan housing authority | 40583 |
| shall require a majority affirmative vote to pass. A tie vote | 40584 |
| shall constitute a defeat of any measure receiving equal numbers | 40585 |
| of votes for and against it. | 40586 |
| (2) The members of a metropolitan housing authority shall act | 40587 |
| in the best interest of the district and shall not act solely as | 40588 |
| representatives of their respective appointing authorities. | 40589 |
| Sec. 3743.01. As used in this chapter: | 40590 |
| (A) "Beer" and "intoxicating liquor" have the same meanings | 40591 |
| as in section 4301.01 of the Revised Code. | 40592 |
| (B) "Booby trap" means a small tube that has a string | 40593 |
| protruding from both ends, that has a friction-sensitive | 40594 |
| composition, and that is ignited by pulling the ends of the | 40595 |
| string. | 40596 |
| (C) "Cigarette load" means a small wooden peg that is coated | 40597 |
| with a small quantity of explosive composition and that is ignited | 40598 |
| in a cigarette. | 40599 |
| (D)(1) "1.3G fireworks" means display fireworks consistent | 40600 |
| with regulations of the United States department of transportation | 40601 |
| as expressed using the designation "division 1.3" in Title 49, | 40602 |
| Code of Federal Regulations. | 40603 |
| (2) "1.4G fireworks" means consumer fireworks consistent with | 40604 |
| regulations of the United States department of transportation as | 40605 |
| expressed using the designation "division 1.4" in Title 49, Code | 40606 |
| of Federal Regulations. | 40607 |
| (E) "Controlled substance" has the same meaning as in section | 40608 |
| 3719.01 of the Revised Code. | 40609 |
| (F) "Fireworks" means any composition or device prepared for | 40610 |
| the purpose of producing a visible or an audible effect by | 40611 |
| combustion, deflagration, or detonation, except ordinary matches | 40612 |
| and except as provided in section 3743.80 of the Revised Code. | 40613 |
| (G) "Fireworks plant" means all buildings and other | 40614 |
| structures in which the manufacturing of fireworks, or the storage | 40615 |
| or sale of manufactured fireworks by a manufacturer, takes place. | 40616 |
| (H) "Highway" means any public street, road, alley, way, | 40617 |
| lane, or other public thoroughfare. | 40618 |
| (I) "Licensed exhibitor of fireworks" or "licensed exhibitor" | 40619 |
| means a person licensed pursuant to sections 3743.50 to 3743.55 of | 40620 |
| the Revised Code. | 40621 |
| (J) "Licensed manufacturer of fireworks" or "licensed | 40622 |
| manufacturer" means a person licensed pursuant to sections 3743.02 | 40623 |
| to 3743.08 of the Revised Code. | 40624 |
| (K) "Licensed wholesaler of fireworks" or "licensed | 40625 |
| wholesaler" means a person licensed pursuant to sections 3743.15 | 40626 |
| to 3743.21 of the Revised Code. | 40627 |
| (L) "List of licensed exhibitors" means the list required by | 40628 |
| division (C) of section 3743.51 of the Revised Code. | 40629 |
| (M) "List of licensed manufacturers" means the list required | 40630 |
| by division (C) of section 3743.03 of the Revised Code. | 40631 |
| (N) "List of licensed wholesalers" means the list required by | 40632 |
| division (C) of section 3743.16 of the Revised Code. | 40633 |
| (O) "Manufacturing of fireworks" means the making of | 40634 |
| fireworks from raw materials, none of which in and of themselves | 40635 |
| constitute a fireworks, or the processing of fireworks. | 40636 |
| (P) "Navigable waters" means any body of water susceptible of | 40637 |
| being used in its ordinary condition as a highway of commerce over | 40638 |
| which trade and travel is or may be conducted in the customary | 40639 |
| modes, but does not include a body of water that is not capable of | 40640 |
| navigation by barges, tugboats, and other large vessels. | 40641 |
| (Q) "Novelties and trick noisemakers" include the following | 40642 |
| items: | 40643 |
| (1) Devices that produce a small report intended to surprise | 40644 |
| the user, including, but not limited to, booby traps, cigarette | 40645 |
| loads, party poppers, and snappers; | 40646 |
| (2) Snakes or glow worms; | 40647 |
| (3) Smoke devices; | 40648 |
| (4) Trick matches. | 40649 |
| (R) "Party popper" means a small plastic or paper item that | 40650 |
| contains not more than sixteen milligrams of friction-sensitive | 40651 |
| explosive composition, that is ignited by pulling a string | 40652 |
| protruding from the item, and from which paper streamers are | 40653 |
| expelled when the item is ignited. | 40654 |
| (S) "Processing of fireworks" means the making of fireworks | 40655 |
| from materials all or part of which in and of themselves | 40656 |
| constitute a fireworks, but does not include the mere packaging or | 40657 |
| repackaging of fireworks. | 40658 |
| (T) "Railroad" means any railway or railroad that carries | 40659 |
| freight or passengers for hire, but does not include auxiliary | 40660 |
| tracks, spurs, and sidings installed and primarily used in serving | 40661 |
| a mine, quarry, or plant. | 40662 |
| (U) "Retail sale" or "sell at retail" means a sale of | 40663 |
| fireworks to a purchaser who intends to use the fireworks, and not | 40664 |
| resell them. | 40665 |
| (V) "Smoke device" means a tube or sphere that contains | 40666 |
| pyrotechnic composition that, upon ignition, produces white or | 40667 |
| colored smoke as the primary effect. | 40668 |
| (W) "Snake or glow worm" means a device that consists of a | 40669 |
| pressed pellet of pyrotechnic composition that produces a large, | 40670 |
| snake-like ash upon burning, which ash expands in length as the | 40671 |
| pellet burns. | 40672 |
| (X) "Snapper" means a small, paper-wrapped item that contains | 40673 |
| a minute quantity of explosive composition coated on small bits of | 40674 |
| sand, and that, when dropped, implodes. | 40675 |
| (Y) "Trick match" means a kitchen or book match that is | 40676 |
| coated with a small quantity of explosive composition and that, | 40677 |
| upon ignition, produces a small report or a shower of sparks. | 40678 |
| (Z) "Wire sparkler" means a sparkler consisting of a wire or | 40679 |
| stick coated with a nonexplosive pyrotechnic mixture that produces | 40680 |
| a shower of sparks upon ignition and that contains no more than | 40681 |
| one hundred grams of this mixture. | 40682 |
| (AA) "Wholesale sale" or "sell at wholesale" means a sale of | 40683 |
| fireworks to a purchaser who intends to resell the fireworks so | 40684 |
| purchased. | 40685 |
| (BB) "Licensed premises" means the real estate upon which a | 40686 |
| licensed manufacturer or wholesaler of fireworks conducts | 40687 |
| business. | 40688 |
| (CC) "Licensed building" means a building on the licensed | 40689 |
| premises of a licensed manufacturer or wholesaler of fireworks | 40690 |
| that is approved for occupancy by the building official having | 40691 |
| jurisdiction. | 40692 |
| (DD) "Fireworks incident" means any action or omission that | 40693 |
| occurs at a fireworks exhibition, that results in injury or death, | 40694 |
| or a substantial risk of injury or death, to any person, and that | 40695 |
| involves either of the following: | 40696 |
| (1) The handling or other use, or the results of the handling | 40697 |
| or other use, of fireworks or associated equipment or other | 40698 |
| materials; | 40699 |
| (2) The failure of any person to comply with any applicable | 40700 |
| requirement imposed by this chapter or any applicable rule adopted | 40701 |
| under this chapter. | 40702 |
| (EE) "Discharge site" means an area immediately surrounding | 40703 |
| the mortars used to fire aerial shells. | 40704 |
| (FF) "Fireworks incident site" means a discharge site or | 40705 |
| other location at a fireworks exhibition where a fireworks | 40706 |
| incident occurs, a location where an injury or death associated | 40707 |
| with a fireworks incident occurs, or a location where evidence of | 40708 |
| a fireworks incident or an injury or death associated with a | 40709 |
| fireworks incident is found. | 40710 |
| (GG) "Storage location" means a single parcel or contiguous | 40711 |
| parcels of real estate approved by the fire marshal pursuant to | 40712 |
| division (I) of section 3743.04 of the Revised Code or division | 40713 |
| (G) of section 3743.17 of the Revised Code that are separate from | 40714 |
| a licensed premises containing a retail showroom, and which parcel | 40715 |
| or parcels a licensed manufacturer or wholesaler of fireworks may | 40716 |
| use only for the distribution, possession, and storage of | 40717 |
| fireworks in accordance with this chapter. | 40718 |
| Sec. 3743.02. (A) Any person who wishes to manufacture | 40719 |
| fireworks in this state shall submit to the fire marshal an | 40720 |
| application for licensure as a manufacturer of fireworks before | 40721 |
| the first day of October of each year. The application shall be | 40722 |
| submitted prior to the operation of a fireworks plant, shall be on | 40723 |
| a form prescribed by the fire marshal, shall contain all | 40724 |
| information required by this section or requested by the fire | 40725 |
| marshal, and shall be accompanied by the license fee, | 40726 |
| fingerprints, and proof of insurance coverage described in | 40727 |
| division (B) of this section. | 40728 |
| The fire marshal shall prescribe a form for applications for | 40729 |
| licensure as a manufacturer of fireworks and make a copy of the | 40730 |
| form available, upon request, to persons who seek that licensure. | 40731 |
| (B) An applicant for licensure as a manufacturer of fireworks | 40732 |
| shall submit with the application all of the following: | 40733 |
| (1) A license fee of two thousand seven hundred fifty | 40734 |
| dollars, which the fire marshal shall use to pay for fireworks | 40735 |
|
safety education, training programs, and inspections | 40736 |
| applicant has any storage locations approved in accordance with | 40737 |
| division (I) of section 3743.04 of the Revised Code, the applicant | 40738 |
| also shall submit a fee of one hundred dollars per storage | 40739 |
| location for the inspection of each storage location. | 40740 |
| (2) Proof of comprehensive general liability insurance | 40741 |
| coverage, specifically including fire and smoke casualty on | 40742 |
| premises and products, in an amount not less than one million | 40743 |
| dollars for each occurrence for bodily injury liability and | 40744 |
| wrongful death liability at the fireworks plant. All applicants | 40745 |
| shall submit evidence of comprehensive general liability insurance | 40746 |
| coverage verified by the insurer and certified as to its provision | 40747 |
| of the minimum coverage required under this division. | 40748 |
| (3) One complete set of the applicant's fingerprints and a | 40749 |
| complete set of fingerprints of any individual holding, owning, or | 40750 |
| controlling a five per cent or greater beneficial or equity | 40751 |
| interest in the applicant for the license. | 40752 |
| (C) A separate application for licensure as a manufacturer of | 40753 |
| fireworks shall be submitted for each fireworks plant that a | 40754 |
| person wishes to operate in this state. | 40755 |
| (D) If an applicant intends to include the processing of | 40756 |
| fireworks as any part of its proposed manufacturing of fireworks, | 40757 |
| a statement indicating that intent shall be included in its | 40758 |
| application for licensure. | 40759 |
| Sec. 3743.04. (A) The license of a manufacturer of fireworks | 40760 |
| is effective for one year beginning on the first day of December. | 40761 |
| The fire marshal shall issue or renew a license only on that date | 40762 |
| and at no other time. If a manufacturer of fireworks wishes to | 40763 |
| continue manufacturing fireworks at the designated fireworks plant | 40764 |
| after its then effective license expires, it shall apply no later | 40765 |
| than the first day of October for a new license pursuant to | 40766 |
| section 3743.02 of the Revised Code. The fire marshal shall send a | 40767 |
| written notice of the expiration of its license to a licensed | 40768 |
| manufacturer at least three months before the expiration date. | 40769 |
| (B) If, during the effective period of its licensure, a | 40770 |
| licensed manufacturer of fireworks wishes to construct, locate, or | 40771 |
| relocate any buildings or other structures on the premises of its | 40772 |
| fireworks plant, to make any structural change or renovation in | 40773 |
| any building or other structure on the premises of its fireworks | 40774 |
| plant, or to change the nature of its manufacturing of fireworks | 40775 |
| so as to include the processing of fireworks, the manufacturer | 40776 |
| shall notify the fire marshal in writing. The fire marshal may | 40777 |
| require a licensed manufacturer also to submit documentation, | 40778 |
| including, but not limited to, plans covering the proposed | 40779 |
| construction, location, relocation, structural change or | 40780 |
| renovation, or change in manufacturing of fireworks, if the fire | 40781 |
| marshal determines the documentation is necessary for evaluation | 40782 |
| purposes in light of the proposed construction, location, | 40783 |
| relocation, structural change or renovation, or change in | 40784 |
| manufacturing of fireworks. | 40785 |
| Upon receipt of the notification and additional documentation | 40786 |
| required by the fire marshal, the fire marshal shall inspect the | 40787 |
| premises of the fireworks plant to determine if the proposed | 40788 |
| construction, location, relocation, structural change or | 40789 |
| renovation, or change in manufacturing of fireworks conforms to | 40790 |
| sections 3743.02 to 3743.08 of the Revised Code and the rules | 40791 |
| adopted by the fire marshal pursuant to section 3743.05 of the | 40792 |
| Revised Code. The fire marshal shall issue a written authorization | 40793 |
| to the manufacturer for the construction, location, relocation, | 40794 |
| structural change or renovation, or change in manufacturing of | 40795 |
| fireworks if the fire marshal determines, upon the inspection and | 40796 |
| a review of submitted documentation, that the construction, | 40797 |
| location, relocation, structural change or renovation, or change | 40798 |
| in manufacturing of fireworks conforms to those sections and | 40799 |
| rules. Upon authorizing a change in manufacturing of fireworks to | 40800 |
| include the processing of fireworks, the fire marshal shall make | 40801 |
| notations on the manufacturer's license and in the list of | 40802 |
| licensed manufacturers in accordance with section 3743.03 of the | 40803 |
| Revised Code. | 40804 |
| On or before June 1, 1998, a licensed manufacturer shall | 40805 |
| install, in every licensed building in which fireworks are | 40806 |
| manufactured, stored, or displayed and to which the public has | 40807 |
| access, interlinked fire detection, smoke exhaust, and smoke | 40808 |
| evacuation systems that are approved by the superintendent of the | 40809 |
| division of industrial compliance, and shall comply with floor | 40810 |
| plans showing occupancy load limits and internal circulation and | 40811 |
| egress patterns that are approved by the fire marshal and | 40812 |
| superintendent, and that are submitted under seal as required by | 40813 |
| section 3791.04 of the Revised Code. Notwithstanding section | 40814 |
| 3743.59 of the Revised Code, the construction and safety | 40815 |
| requirements established in this division are not subject to any | 40816 |
| variance, waiver, or exclusion. | 40817 |
| (C) The license of a manufacturer of fireworks authorizes the | 40818 |
| manufacturer to engage only in the following activities: | 40819 |
| (1) The manufacturing of fireworks on the premises of the | 40820 |
| fireworks plant as described in the application for licensure or | 40821 |
| in the notification submitted under division (B) of this section, | 40822 |
| except that a licensed manufacturer shall not engage in the | 40823 |
| processing of fireworks unless authorized to do so by its license. | 40824 |
| (2) To possess for sale at wholesale and sell at wholesale | 40825 |
| the fireworks manufactured by the manufacturer, to persons who are | 40826 |
| licensed wholesalers of fireworks, to out-of-state residents in | 40827 |
| accordance with section 3743.44 of the Revised Code, to residents | 40828 |
| of this state in accordance with section 3743.45 of the Revised | 40829 |
| Code, or to persons located in another state provided the | 40830 |
| fireworks are shipped directly out of this state to them by the | 40831 |
| manufacturer. A person who is licensed as a manufacturer of | 40832 |
| fireworks on June 14, 1988, also may possess for sale and sell | 40833 |
| pursuant to division (C)(2) of this section fireworks other than | 40834 |
| those the person manufactures. The possession for sale shall be on | 40835 |
| the premises of the fireworks plant described in the application | 40836 |
| for licensure or in the notification submitted under division (B) | 40837 |
| of this section, and the sale shall be from the inside of a | 40838 |
| licensed building and from no other structure or device outside a | 40839 |
| licensed building. At no time shall a licensed manufacturer sell | 40840 |
| any class of fireworks outside a licensed building. | 40841 |
| (3) Possess for sale at retail and sell at retail the | 40842 |
| fireworks manufactured by the manufacturer, other than 1.4G | 40843 |
| fireworks as designated by the fire marshal in rules adopted | 40844 |
| pursuant to division (A) of section 3743.05 of the Revised Code, | 40845 |
| to licensed exhibitors in accordance with sections 3743.50 to | 40846 |
| 3743.55 of the Revised Code, and possess for sale at retail and | 40847 |
| sell at retail the fireworks manufactured by the manufacturer, | 40848 |
| including 1.4G fireworks, to out-of-state residents in accordance | 40849 |
| with section 3743.44 of the Revised Code, to residents of this | 40850 |
| state in accordance with section 3743.45 of the Revised Code, or | 40851 |
| to persons located in another state provided the fireworks are | 40852 |
| shipped directly out of this state to them by the manufacturer. A | 40853 |
| person who is licensed as a manufacturer of fireworks on June 14, | 40854 |
| 1988, may also possess for sale and sell pursuant to division | 40855 |
| (C)(3) of this section fireworks other than those the person | 40856 |
| manufactures. The possession for sale shall be on the premises of | 40857 |
| the fireworks plant described in the application for licensure or | 40858 |
| in the notification submitted under division (B) of this section, | 40859 |
| and the sale shall be from the inside of a licensed building and | 40860 |
| from no other structure or device outside a licensed building. At | 40861 |
| no time shall a licensed manufacturer sell any class of fireworks | 40862 |
| outside a licensed building. | 40863 |
| A licensed manufacturer of fireworks shall sell under | 40864 |
| division (C) of this section only fireworks that meet the | 40865 |
| standards set by the consumer product safety commission or by the | 40866 |
| American fireworks standard laboratories or that have received an | 40867 |
| EX number from the United States department of transportation. | 40868 |
| (D) The license of a manufacturer of fireworks shall be | 40869 |
| protected under glass and posted in a conspicuous place on the | 40870 |
| premises of the fireworks plant. Except as otherwise provided in | 40871 |
| this division, the license is not transferable or assignable. A | 40872 |
| license may be transferred to another person for the same | 40873 |
| fireworks plant for which the license was issued if the assets of | 40874 |
| the plant are transferred to that person by inheritance or by a | 40875 |
| sale approved by the fire marshal. The license is subject to | 40876 |
| revocation in accordance with section 3743.08 of the Revised Code. | 40877 |
| (E) The fire marshal shall not place the license of a | 40878 |
| manufacturer of fireworks in a temporarily inactive status while | 40879 |
| the holder of the license is attempting to qualify to retain the | 40880 |
| license. | 40881 |
| (F) Each licensed manufacturer of fireworks that possesses | 40882 |
| fireworks for sale and sells fireworks under division (C) of | 40883 |
| section 3743.04 of the Revised Code, or a designee of the | 40884 |
| manufacturer, whose identity is provided to the fire marshal by | 40885 |
| the manufacturer, annually shall attend a continuing education | 40886 |
| program consisting of not less than eight hours of instruction. | 40887 |
| The fire marshal shall develop the program and the fire marshal or | 40888 |
| a person or public agency approved by the fire marshal shall | 40889 |
| conduct it. A licensed manufacturer or the manufacturer's designee | 40890 |
| who attends a program as required under this division, within one | 40891 |
| year after attending the program, shall conduct in-service | 40892 |
| training for other employees of the licensed manufacturer | 40893 |
| regarding the information obtained in the program. A licensed | 40894 |
| manufacturer shall provide the fire marshal with notice of the | 40895 |
| date, time, and place of all in-service training not less than | 40896 |
| thirty days prior to an in-service training event. | 40897 |
| (G) A licensed manufacturer shall maintain comprehensive | 40898 |
| general liability insurance coverage in the amount and type | 40899 |
| specified under division (B)(2) of section 3743.02 of the Revised | 40900 |
| Code at all times. Each policy of insurance required under this | 40901 |
| division shall contain a provision requiring the insurer to give | 40902 |
| not less than fifteen days' prior written notice to the fire | 40903 |
| marshal before termination, lapse, or cancellation of the policy, | 40904 |
| or any change in the policy that reduces the coverage below the | 40905 |
| minimum required under this division. Prior to canceling or | 40906 |
| reducing the amount of coverage of any comprehensive general | 40907 |
| liability insurance coverage required under this division, a | 40908 |
| licensed manufacturer shall secure supplemental insurance in an | 40909 |
| amount and type that satisfies the requirements of this division | 40910 |
| so that no lapse in coverage occurs at any time. A licensed | 40911 |
| manufacturer who secures supplemental insurance shall file | 40912 |
| evidence of the supplemental insurance with the fire marshal prior | 40913 |
| to canceling or reducing the amount of coverage of any | 40914 |
| comprehensive general liability insurance coverage required under | 40915 |
| this division. | 40916 |
| (H) The fire marshal shall adopt rules for the expansion or | 40917 |
| contraction of a licensed premises and for approval of such | 40918 |
| expansions or contractions. The boundaries of a licensed premises, | 40919 |
| including any geographic expansion or contraction of those | 40920 |
| boundaries, shall be approved by the fire marshal in accordance | 40921 |
| with rules the fire marshal adopts. If the licensed premises | 40922 |
| consists of more than one parcel of real estate, those parcels | 40923 |
| shall be contiguous unless an exception is allowed pursuant to | 40924 |
| division (I) of this section. | 40925 |
| (I)(1) A licensed manufacturer may expand its licensed | 40926 |
| premises within this state to include not more than two storage | 40927 |
| locations that are located upon one or more real estate parcels | 40928 |
| that are noncontiguous to the licensed premises as that licensed | 40929 |
| premises exists on the date a licensee submits an application as | 40930 |
| described below, if all of the following apply: | 40931 |
| (a) The licensee submits an application to the fire marshal | 40932 |
| and an application fee of one hundred dollars per storage location | 40933 |
| for which the licensee is requesting approval. | 40934 |
| (b) The identity of the holder of the license remains the | 40935 |
| same at the storage location. | 40936 |
| (c) The storage location has received a valid certificate of | 40937 |
| zoning compliance as applicable and a valid certificate of | 40938 |
| occupancy for each building or structure at the storage location | 40939 |
| issued by the authority having jurisdiction to issue the | 40940 |
| certificate for the storage location, and those certificates | 40941 |
| permit the distribution and storage of fireworks regulated under | 40942 |
| this chapter at the storage location and in the buildings or | 40943 |
| structures. The storage location shall be in compliance with all | 40944 |
| other applicable federal, state, and local laws and regulations. | 40945 |
| (d) Every building or structure located upon the storage | 40946 |
| location is separated from occupied residential and nonresidential | 40947 |
| buildings or structures, railroads, highways, or any other | 40948 |
| buildings or structures on the licensed premises in accordance | 40949 |
| with the distances specified in the rules adopted by the fire | 40950 |
| marshal pursuant to section 3743.05 of the Revised Code. | 40951 |
| (e) Neither the licensee nor any person holding, owning, or | 40952 |
| controlling a five per cent or greater beneficial or equity | 40953 |
| interest in the licensee has been convicted of or pleaded guilty | 40954 |
| to a felony under the laws of this state, any other state, or the | 40955 |
| United States, after the effective date of this amendment. | 40956 |
| (f) The fire marshal approves the application for expansion. | 40957 |
| (2) The fire marshal shall approve an application for | 40958 |
| expansion requested under division (I)(1) of this section if the | 40959 |
| fire marshal receives the application fee and proof that the | 40960 |
| requirements of divisions (I)(1)(b) to (e) of this section are | 40961 |
| satisfied. The storage location shall be considered part of the | 40962 |
| original licensed premises and shall use the same distinct number | 40963 |
| assigned to the original licensed premises with any additional | 40964 |
| designations as the fire marshal deems necessary in accordance | 40965 |
| with section 3743.03 of the Revised Code. | 40966 |
| (J)(1) A licensee who obtains approval for the use of a | 40967 |
| storage location in accordance with division (I) of this section | 40968 |
| shall use the storage location exclusively for the following | 40969 |
| activities, in accordance with division (C) of this section: | 40970 |
| (a) The packaging, assembling, or storing of fireworks, which | 40971 |
| shall only occur in buildings, structures, or trailers approved | 40972 |
| for such hazardous uses by the building code official having | 40973 |
| jurisdiction for the storage location and shall be in accordance | 40974 |
| with the rules adopted by the fire marshal under division (G) of | 40975 |
| section 3743.05 of the Revised Code for the packaging, assembling, | 40976 |
| and storage of fireworks. | 40977 |
| (b) Distributing fireworks to other parcels of real estate | 40978 |
| located on the manufacturer's licensed premises, to licensed | 40979 |
| wholesalers or other licensed manufacturers in this state or to | 40980 |
| similarly licensed persons located in another state or country; | 40981 |
| (c) Distributing fireworks to a licensed exhibitor of | 40982 |
| fireworks pursuant to a properly issued permit in accordance with | 40983 |
| section 3743.54 of the Revised Code. | 40984 |
| (2) A licensed manufacturer shall not engage in any sales | 40985 |
| activity, including the retail sale of fireworks otherwise | 40986 |
| permitted under division (C)(2) or (C)(3) of this section, or | 40987 |
| pursuant to section 3743.44 or 3743.45 of the Revised Code, at the | 40988 |
| storage location approved under this section. | 40989 |
| (K) The licensee shall prohibit public access to the storage | 40990 |
| location. The fire marshal shall adopt rules to describe the | 40991 |
| acceptable measures a manufacturer shall use to prohibit access to | 40992 |
| the storage site. | 40993 |
| Sec. 3743.05. The fire marshal shall adopt rules in | 40994 |
| accordance with Chapter 119. of the Revised Code governing the | 40995 |
| classification of fireworks that are consistent with the | 40996 |
| classification of fireworks by the United States department of | 40997 |
| transportation as set forth in Title 49, Code of Federal | 40998 |
| Regulations, and the manufacture of fireworks and the storage of | 40999 |
| manufactured fireworks by licensed manufacturers of fireworks. The | 41000 |
| rules shall be designed to promote the safety and security of | 41001 |
| employees of manufacturers, members of the public, and the | 41002 |
| fireworks plant. | 41003 |
| The rules shall be consistent with sections 3743.02 to | 41004 |
| 3743.08 of the Revised Code, shall be substantially equivalent to | 41005 |
| the most recent versions of chapters 1123, 1124, and 1126 of the | 41006 |
| most recent national fire protection association standards, and | 41007 |
| shall apply to, but not be limited to, the following subject | 41008 |
| matters: | 41009 |
| (A) A classification of fireworks by number and letter | 41010 |
| designation, including, specifically, a 1.4G designation of | 41011 |
| fireworks. The classes of fireworks established by the fire | 41012 |
| marshal shall be substantially equivalent to those defined by the | 41013 |
| United States department of transportation by regulation, except | 41014 |
| that, if the fire marshal determines that a type of fireworks | 41015 |
| designated as common fireworks by the United States department of | 41016 |
| transportation meets the criteria of any class of fireworks, other | 41017 |
| than 1.4G fireworks, as adopted by the fire marshal pursuant to | 41018 |
| this section, the fire marshal may include the type of fireworks | 41019 |
| in the other class instead of 1.4G. | 41020 |
| (B) Appropriate standards for the manufacturing of types of | 41021 |
| fireworks that are consistent with standards adopted by the United | 41022 |
| States department of transportation and the consumer product | 41023 |
| safety commission, including, but not limited to, the following: | 41024 |
| (1) Permissible amounts of pyrotechnic or explosive | 41025 |
| composition; | 41026 |
| (2) Interior and exterior dimensions; | 41027 |
| (3) Structural specifications. | 41028 |
| (C) Cleanliness and orderliness in, the heating, lighting, | 41029 |
| and use of stoves and flame-producing items in, smoking in, the | 41030 |
| prevention of fire and explosion in, the availability of fire | 41031 |
| extinguishers or other fire-fighting equipment and their use in, | 41032 |
| and emergency procedures relative to the buildings and other | 41033 |
| structures located on the premises of a fireworks plant. | 41034 |
| (D) Appropriate uniforms to be worn by employees of | 41035 |
| manufacturers in the course of the manufacturing, handling, and | 41036 |
| storing of fireworks, and the use of protective clothing and | 41037 |
| equipment by the employees. | 41038 |
| (E) The manner in which fireworks are to be packed, packaged, | 41039 |
| and stored. | 41040 |
| (F) Required distances between buildings or structures used | 41041 |
| in the manufacturing, storage, or sale of fireworks and occupied | 41042 |
| residential and nonresidential buildings or structures, railroads, | 41043 |
| highways, or any additional buildings or structures located on the | 41044 |
| licensed premises. The rules adopted pursuant to this division do | 41045 |
| not apply to factory buildings in fireworks plants that were | 41046 |
| erected on or before May 30, 1986, and that were legally being | 41047 |
| used for fireworks activities under authority of a valid license | 41048 |
| issued by the fire marshal as of December 1, 1990, pursuant to | 41049 |
| sections 3743.03 and 3743.04 of the Revised Code. | 41050 |
| (G) Requirements for the operation of storage locations, | 41051 |
| including packaging, assembling, and storage of fireworks. | 41052 |
| Sec. 3743.06. In addition to conforming to the rules of the | 41053 |
| fire marshal adopted pursuant to section 3743.05 of the Revised | 41054 |
| Code, licensed manufacturers of fireworks shall operate their | 41055 |
| fireworks plants in accordance with the following: | 41056 |
| (A) Signs indicating that smoking is generally forbidden and | 41057 |
| trespassing is prohibited on the premises of a fireworks plant | 41058 |
| shall be posted on the premises in a manner determined by the fire | 41059 |
| marshal. | 41060 |
| (B) Reasonable precautions shall be taken to protect the | 41061 |
| premises of a fireworks plant from trespass, loss, theft, or | 41062 |
| destruction. Only persons employed by the manufacturer, authorized | 41063 |
| governmental personnel, and persons who have obtained permission | 41064 |
| from a member of the manufacturer's office to be on the premises, | 41065 |
| are to be allowed to enter and remain on the premises. | 41066 |
| (C) Smoking or the carrying of pipes, cigarettes, or cigars, | 41067 |
| matches, lighters, other flame-producing items, or open flame on, | 41068 |
| or the carrying of a concealed source of ignition into, the | 41069 |
| premises of a fireworks plant is prohibited, except that a | 41070 |
| manufacturer may permit smoking in specified lunchrooms or | 41071 |
| restrooms in buildings or other structures in which no | 41072 |
| manufacturing, handling, sales, or storage of fireworks takes | 41073 |
| place. "NO SMOKING" signs shall be posted on the premises as | 41074 |
| required by the fire marshal. | 41075 |
| (D) Fire and explosion prevention and other reasonable safety | 41076 |
| measures and precautions shall be implemented by a manufacturer. | 41077 |
| (E) Persons shall not be permitted to have in their | 41078 |
| possession or under their control, while they are on the premises | 41079 |
| of the fireworks plant, any intoxicating liquor, beer, or | 41080 |
| controlled substance, and they shall not be permitted to enter or | 41081 |
| remain on the premises if they are found to be under the influence | 41082 |
| of any intoxicating liquor, beer, or controlled substance. | 41083 |
| (F) A manufacturer shall conform to all building, safety, and | 41084 |
| zoning statutes, ordinances, rules, or other enactments that apply | 41085 |
| to the premises of its fireworks plant. | 41086 |
| (G) | 41087 |
| 41088 | |
| 41089 | |
| 41090 | |
| 41091 | |
| 41092 | |
| 41093 | |
| 41094 | |
| 41095 | |
| 41096 | |
| 41097 | |
| 41098 |
| | 41099 |
| magazine that is approved by the bureau of alcohol, tobacco, and | 41100 |
| firearms of the United States department of the treasury and that | 41101 |
| is otherwise in conformity with federal law. This division does | 41102 |
| not apply to fireworks plants existing on or before August 3, | 41103 |
| 1931. | 41104 |
| | 41105 |
| facilities for the sale or storage of fireworks. This division | 41106 |
| does not prohibit the use of an awning or canopy attached to a | 41107 |
| public access showroom for storing nonflammable shopping | 41108 |
| convenience items such as shopping carts or baskets or providing a | 41109 |
| shaded area for patrons waiting to enter the public sales area. | 41110 |
| | 41111 |
| are properly enclosed, secured, and grounded and are separated | 41112 |
| from any structure to which the public is admitted by a distance | 41113 |
| that will, in the fire marshal's judgment, allow fire-fighting | 41114 |
| equipment to have full access to the structures on the licensed | 41115 |
| premises. Such trailers may be moved into closer proximity to any | 41116 |
| structure only to accept or discharge cargo for a period not to | 41117 |
| exceed forty-eight hours. Only two such trailers may be placed in | 41118 |
| such closer proximity at any one time. At no time may trailers be | 41119 |
| used for conducting sales of any class of fireworks, nor may | 41120 |
| members of the public have access to the trailers. | 41121 |
| Storage areas for fireworks that are in the same building | 41122 |
| where fireworks are displayed and sold to the public shall be | 41123 |
| separated from the areas to which the public has access by an | 41124 |
| appropriately rated fire wall. | 41125 |
| | 41126 |
| 3781.108 of the Revised Code may be turned off only for repair, | 41127 |
| drainage of the system to prevent damage by freezing during the | 41128 |
| period of time, approved by the fire marshal, that the facility is | 41129 |
| closed to all public access during winter months, or maintenance | 41130 |
| of the system. If any repair or maintenance is necessary during | 41131 |
| times when the facility is open for public access and business as | 41132 |
| approved by the fire marshal, the licensed manufacturer shall | 41133 |
| notify in advance the appropriate insurance company and fire chief | 41134 |
| or fire prevention officer regarding the nature of the maintenance | 41135 |
| or repair and the time when it will be performed. | 41136 |
| | 41137 |
| package or is manufactured with any fuse other than a safety fuse | 41138 |
| approved by the consumer product safety commission, then the item | 41139 |
| shall be covered completely by repackaging or bagging or it shall | 41140 |
| otherwise be covered so as to prevent ignition prior to sale. | 41141 |
| | 41142 |
| business hours at a building open to the public during the period | 41143 |
| commencing fourteen days before, and ending two days after, each | 41144 |
| fourth day of July. The officer shall be highly visible, enforce | 41145 |
| this chapter and any applicable building codes to the extent the | 41146 |
| officer is authorized by law, and be one of the following: | 41147 |
| (1) A deputy sheriff; | 41148 |
| (2) A law enforcement officer of a municipal corporation, | 41149 |
| township, or township or joint township police district; | 41150 |
| (3) A private uniformed security guard registered under | 41151 |
| section 4749.06 of the Revised Code. | 41152 |
| | 41153 |
| shall swing outward. | 41154 |
| | 41155 |
| be packaged, shipped, placarded, and transported in accordance | 41156 |
| with United States department of transportation regulations | 41157 |
| applicable to the transportation, and the offering for | 41158 |
| transportation, of hazardous materials. For purposes of this | 41159 |
| division, "wholesale and commercial sales" includes all sales for | 41160 |
| resale and any nonretail sale made in furtherance of a commercial | 41161 |
| enterprise. For purposes of enforcement of these regulations under | 41162 |
| section 4905.83 of the Revised Code, any sales transaction | 41163 |
| exceeding one thousand pounds shall be rebuttably presumed to be a | 41164 |
| wholesale or commercial sale. | 41165 |
| Sec. 3743.15. (A) Except as provided in division (C) of this | 41166 |
| section, any person who wishes to be a wholesaler of fireworks in | 41167 |
| this state shall submit to the fire marshal an application for | 41168 |
| licensure as a wholesaler of fireworks before the first day of | 41169 |
| October of each year. The application shall be submitted prior to | 41170 |
| commencement of business operations, shall be on a form prescribed | 41171 |
| by the fire marshal, shall contain all information requested by | 41172 |
| the fire marshal, and shall be accompanied by the license fee, | 41173 |
| fingerprints, and proof of insurance coverage described in | 41174 |
| division (B) of this section. | 41175 |
| The fire marshal shall prescribe a form for applications for | 41176 |
| licensure as a wholesaler of fireworks and make a copy of the form | 41177 |
| available, upon request, to persons who seek that licensure. | 41178 |
| (B) An applicant for licensure as a wholesaler of fireworks | 41179 |
| shall submit with the application all of the following: | 41180 |
| (1) A license fee of two thousand seven hundred fifty | 41181 |
| dollars, which the fire marshal shall use to pay for fireworks | 41182 |
|
safety education, training programs, and inspections | 41183 |
| applicant has any storage locations approved in accordance with | 41184 |
| division (G) of section 3743.17 of the Revised Code, the applicant | 41185 |
| also shall submit a fee of one hundred dollars per storage | 41186 |
| location for the inspection of each storage location. | 41187 |
| (2) Proof of comprehensive general liability insurance | 41188 |
| coverage, specifically including fire and smoke casualty on | 41189 |
| premises, in an amount not less than one million dollars for each | 41190 |
| occurrence for bodily injury liability and wrongful death | 41191 |
| liability at its business location. Proof of such insurance | 41192 |
| coverage shall be submitted together with proof of coverage for | 41193 |
| products liability on all inventory located at the business | 41194 |
| location. All applicants shall submit evidence of comprehensive | 41195 |
| general liability insurance coverage verified by the insurer and | 41196 |
| certified as to its provision of the minimum coverage required | 41197 |
| under this division. | 41198 |
| (3) One complete set of the applicant's fingerprints and a | 41199 |
| complete set of fingerprints of any individual holding, owning, or | 41200 |
| controlling a five per cent or greater beneficial or equity | 41201 |
| interest in the applicant for the license. | 41202 |
| (C) A licensed manufacturer of fireworks is not required to | 41203 |
| apply for and obtain a wholesaler of fireworks license in order to | 41204 |
| engage in the wholesale sale of fireworks as authorized by | 41205 |
| division (C)(2) of section 3743.04 of the Revised Code. A business | 41206 |
| which is not a licensed manufacturer of fireworks may engage in | 41207 |
| the wholesale and retail sale of fireworks in the same manner as a | 41208 |
| licensed manufacturer of fireworks is authorized to do under this | 41209 |
| chapter without the necessity of applying for and obtaining a | 41210 |
| license pursuant to this section, but only if the business sells | 41211 |
| the fireworks on the premises of a fireworks plant covered by a | 41212 |
| license issued under section 3743.03 of the Revised Code and the | 41213 |
| holder of that license owns at least a majority interest in that | 41214 |
| business. However, if a licensed manufacturer of fireworks wishes | 41215 |
| to engage in the wholesale sale of fireworks in this state at a | 41216 |
| location other than the premises of the fireworks plant described | 41217 |
| in its application for licensure as a manufacturer or in a | 41218 |
| notification submitted under division (B) of section 3743.04 of | 41219 |
| the Revised Code, the manufacturer shall first apply for and | 41220 |
| obtain a wholesaler of fireworks license before engaging in | 41221 |
| wholesale sales of fireworks at the other location. | 41222 |
| (D) A separate application for licensure as a wholesaler of | 41223 |
| fireworks shall be submitted for each location at which a person | 41224 |
| wishes to engage in wholesale sales of fireworks. | 41225 |
| Sec. 3743.17. (A) The license of a wholesaler of fireworks | 41226 |
| is effective for one year beginning on the first day of December. | 41227 |
| The fire marshal shall issue or renew a license only on that date | 41228 |
| and at no other time. If a wholesaler of fireworks wishes to | 41229 |
| continue engaging in the wholesale sale of fireworks at the | 41230 |
| particular location after its then effective license expires, it | 41231 |
| shall apply not later than the first day of October for a new | 41232 |
| license pursuant to section 3743.15 of the Revised Code. The fire | 41233 |
| marshal shall send a written notice of the expiration of its | 41234 |
| license to a licensed wholesaler at least three months before the | 41235 |
| expiration date. | 41236 |
| (B) If, during the effective period of its licensure, a | 41237 |
| licensed wholesaler of fireworks wishes to perform any | 41238 |
| construction, or make any structural change or renovation, on the | 41239 |
| premises on which the fireworks are sold, the wholesaler shall | 41240 |
| notify the fire marshal in writing. The fire marshal may require a | 41241 |
| licensed wholesaler also to submit documentation, including, but | 41242 |
| not limited to, plans covering the proposed construction or | 41243 |
| structural change or renovation, if the fire marshal determines | 41244 |
| the documentation is necessary for evaluation purposes in light of | 41245 |
| the proposed construction or structural change or renovation. | 41246 |
| Upon receipt of the notification and additional documentation | 41247 |
| required by the fire marshal, the fire marshal shall inspect the | 41248 |
| premises on which the fireworks are sold to determine if the | 41249 |
| proposed construction or structural change or renovation conforms | 41250 |
| to sections 3743.15 to 3743.21 of the Revised Code and the rules | 41251 |
| adopted by the fire marshal pursuant to section 3743.18 of the | 41252 |
| Revised Code. The fire marshal shall issue a written authorization | 41253 |
| to the wholesaler for the construction or structural change or | 41254 |
| renovation if the fire marshal determines, upon the inspection and | 41255 |
| a review of submitted documentation, that the construction or | 41256 |
| structural change or renovation conforms to those sections and | 41257 |
| rules. | 41258 |
| (C) The license of a wholesaler of fireworks authorizes the | 41259 |
| wholesaler to engage only in the following activities: | 41260 |
| (1) Possess for sale at wholesale and sell at wholesale | 41261 |
| fireworks to persons who are licensed wholesalers of fireworks, to | 41262 |
| out-of-state residents in accordance with section 3743.44 of the | 41263 |
| Revised Code, to residents of this state in accordance with | 41264 |
| section 3743.45 of the Revised Code, or to persons located in | 41265 |
| another state provided the fireworks are shipped directly out of | 41266 |
| this state to them by the wholesaler. The possession for sale | 41267 |
| shall be at the location described in the application for | 41268 |
| licensure or in the notification submitted under division (B) of | 41269 |
| this section, and the sale shall be from the inside of a licensed | 41270 |
| building and from no structure or device outside a licensed | 41271 |
| building. At no time shall a licensed wholesaler sell any class of | 41272 |
| fireworks outside a licensed building. | 41273 |
| (2) Possess for sale at retail and sell at retail fireworks, | 41274 |
| other than 1.4G fireworks as designated by the fire marshal in | 41275 |
| rules adopted pursuant to division (A) of section 3743.05 of the | 41276 |
| Revised Code, to licensed exhibitors in accordance with sections | 41277 |
| 3743.50 to 3743.55 of the Revised Code, and possess for sale at | 41278 |
| retail and sell at retail fireworks, including 1.4G fireworks, to | 41279 |
| out-of-state residents in accordance with section 3743.44 of the | 41280 |
| Revised Code, to residents of this state in accordance with | 41281 |
| section 3743.45 of the Revised Code, or to persons located in | 41282 |
| another state provided the fireworks are shipped directly out of | 41283 |
| this state to them by the wholesaler. The possession for sale | 41284 |
| shall be at the location described in the application for | 41285 |
| licensure or in the notification submitted under division (B) of | 41286 |
| this section, and the sale shall be from the inside of the | 41287 |
| licensed building and from no other structure or device outside | 41288 |
| this licensed building. At no time shall a licensed wholesaler | 41289 |
| sell any class of fireworks outside a licensed building. | 41290 |
| A licensed wholesaler of fireworks shall sell under division | 41291 |
| (C) of this section only fireworks that meet the standards set by | 41292 |
| the consumer product safety commission or by the American | 41293 |
| fireworks standard laboratories or that have received an EX number | 41294 |
| from the United States department of transportation. | 41295 |
| (D) | 41296 |
| protected under glass and posted in a conspicuous place at the | 41297 |
| location described in the application for licensure or in the | 41298 |
| notification submitted under division (B) of this section. Except | 41299 |
|
as otherwise provided in this | 41300 |
| transferable or assignable. A license may be transferred to | 41301 |
| another person for the same location for which the license was | 41302 |
| issued if the assets of the wholesaler are transferred to that | 41303 |
| person by inheritance or by a sale approved by the fire marshal. | 41304 |
| The license is subject to revocation in accordance with section | 41305 |
| 3743.21 of the Revised Code. | 41306 |
| | 41307 |
| or contraction of a licensed premises and for the approval of an | 41308 |
| expansion or contraction. The boundaries of a licensed premises, | 41309 |
| including any geographic expansion or contraction of those | 41310 |
| boundaries, shall be approved by the fire marshal in accordance | 41311 |
| with rules the fire marshal adopts. If the licensed premises of a | 41312 |
| licensed wholesaler from which the wholesaler operates consists of | 41313 |
| more than one parcel of real estate, those parcels must be | 41314 |
| contiguous, unless an exception is allowed pursuant to division | 41315 |
| (G) of this section. | 41316 |
| (F)(1) Upon application by a licensed wholesaler of | 41317 |
| fireworks, a wholesaler license may be transferred from one | 41318 |
| geographic location to another within the same municipal | 41319 |
| corporation or within the unincorporated area of the same | 41320 |
| township, but only if all of the following apply: | 41321 |
| (a) The identity of the holder of the license remains the | 41322 |
| same in the new location. | 41323 |
| (b) The former location is closed prior to the opening of the | 41324 |
| new location and no fireworks business of any kind is conducted at | 41325 |
| the former location after the transfer of the license. | 41326 |
| (c) The new location has received a local certificate of | 41327 |
| zoning compliance and a local certificate of occupancy, and | 41328 |
| otherwise is in compliance with all local building regulations. | 41329 |
| (d) The transfer of the license is requested by the licensee | 41330 |
| because the existing facility poses an immediate hazard to the | 41331 |
| public. | 41332 |
| (e) | 41333 |
| 41334 | |
| 41335 | |
| 41336 | |
| 41337 | |
| 41338 | |
| 41339 | |
| 41340 | |
| 41341 | |
| 41342 | |
| residential and nonresidential buildings or structures, railroads, | 41343 |
| highways, or any other buildings or structures located on the | 41344 |
| licensed premises in accordance with the distances specified in | 41345 |
| the rules adopted by the fire marshal pursuant to section 3743.18 | 41346 |
| of the Revised Code. If the licensee fails to comply with the | 41347 |
| requirements of division
| 41348 |
| licensee's own act, the license at the new location is forfeited. | 41349 |
| (f) Neither the licensee nor any person holding, owning, or | 41350 |
| controlling a five per cent or greater beneficial or equity | 41351 |
| interest in the licensee has been convicted of or has pleaded | 41352 |
| guilty to a felony under the laws of this state, any other state, | 41353 |
|
or the United
States after
| 41354 |
| June 30, 1997. | 41355 |
| (g) The fire marshal approves the request for the transfer. | 41356 |
| (2) The new location shall comply with the requirements | 41357 |
| specified in divisions (A)(1) and (2) of section 3743.25 of the | 41358 |
| Revised Code whether or not the fireworks showroom at the new | 41359 |
| location is constructed, expanded, or first begins operating on | 41360 |
| and
after
| 41361 |
| | 41362 |
| premises within this state to include not more than two storage | 41363 |
| locations that are located upon one or more real estate parcels | 41364 |
| that are noncontiguous to the licensed premises as that licensed | 41365 |
| premises exists on the date a licensee submits an application as | 41366 |
| described below, if all of the following apply: | 41367 |
| (a) The licensee submits an application to the fire marshal | 41368 |
| requesting the expansion and an application fee of one hundred | 41369 |
| dollars per storage location for which the licensee is requesting | 41370 |
| approval. | 41371 |
| (b) The identity of the holder of the license remains the | 41372 |
| same at the storage location. | 41373 |
| (c) The storage location has received a valid certificate of | 41374 |
| zoning compliance, as applicable, and a valid certificate of | 41375 |
| occupancy for each building or structure at the storage location | 41376 |
| issued by the authority having jurisdiction to issue the | 41377 |
| certificate for the storage location, and those certificates | 41378 |
| permit the distribution and storage of fireworks regulated under | 41379 |
| this chapter at the storage location and in the buildings or | 41380 |
| structures. The storage location shall be in compliance with all | 41381 |
| other applicable federal, state, and local laws and regulations. | 41382 |
| (d) Every building or structure located upon the storage | 41383 |
| location is separated from occupied residential and nonresidential | 41384 |
| buildings or structures, railroads, highways, and any other | 41385 |
| buildings or structures on the licensed premises in accordance | 41386 |
| with the distances specified in the rules adopted by the fire | 41387 |
| marshal pursuant to section 3743.18 of the Revised Code. | 41388 |
| (e) Neither the licensee nor any person holding, owning, or | 41389 |
| controlling a five per cent or greater beneficial or equity | 41390 |
| interest in the licensee has been convicted of or pleaded guilty | 41391 |
| to a felony under the laws of this state, any other state, or the | 41392 |
| United States, after the effective date of this amendment. | 41393 |
| (f) The fire marshal approves the application for expansion. | 41394 |
| (2) The fire marshal shall approve an application for | 41395 |
| expansion requested under division (G)(1) of this section if the | 41396 |
| fire marshal receives the application fee and proof that the | 41397 |
| requirements of divisions (G)(1)(b) to (e) of this section are | 41398 |
| satisfied. The storage location shall be considered part of the | 41399 |
| original licensed premises and shall use the same distinct number | 41400 |
| assigned to the original licensed premises with any additional | 41401 |
| designations as the fire marshal deems necessary in accordance | 41402 |
| with section 3743.16 of the Revised Code. | 41403 |
| (H)(1) A licensee who obtains approval for use of a storage | 41404 |
| location in accordance with division (G) of this section shall use | 41405 |
| the site exclusively for the following activities, in accordance | 41406 |
| with division (C)(1) of this section: | 41407 |
| (a) Packaging, assembling, or storing fireworks, which shall | 41408 |
| occur only in buildings approved for such hazardous uses by the | 41409 |
| building code official having jurisdiction for the storage | 41410 |
| location and shall be in accordance with the rules adopted by the | 41411 |
| fire marshal under division (B)(4) of section 3743.18 of the | 41412 |
| Revised Code for the packaging, assembling, and storage of | 41413 |
| fireworks. | 41414 |
| (b) Distributing fireworks to other parcels of real estate | 41415 |
| located on the wholesaler's licensed premises, to licensed | 41416 |
| manufacturers or other licensed wholesalers in this state or to | 41417 |
| similarly licensed persons located in another state or country; | 41418 |
| (c) Distributing fireworks to a licensed exhibitor of | 41419 |
| fireworks pursuant to a properly issued permit in accordance with | 41420 |
| section 3743.54 of the Revised Code. | 41421 |
| (2) A licensed wholesaler shall not engage in any sales | 41422 |
| activity, including the retail sale of fireworks otherwise | 41423 |
| permitted under division (C)(2) of this section or pursuant to | 41424 |
| section 3743.44 or 3743.45 of the Revised Code, at a storage | 41425 |
| location approved under this section. | 41426 |
| (I) A licensee shall prohibit public access to all storage | 41427 |
| locations it uses. The fire marshal shall adopt rules establishing | 41428 |
| acceptable measures a wholesaler shall use to prohibit access to | 41429 |
| storage sites. | 41430 |
| (J) The fire marshal shall not place the license of a | 41431 |
| wholesaler of fireworks in temporarily inactive status while the | 41432 |
| holder of the license is attempting to qualify to retain the | 41433 |
| license. | 41434 |
| | 41435 |
| the wholesaler, whose identity is provided to the fire marshal by | 41436 |
| the wholesaler, annually shall attend a continuing education | 41437 |
| program consisting of not less than eight hours of instruction. | 41438 |
| The fire marshal shall develop the program and the fire marshal or | 41439 |
| a person or public agency approved by the fire marshal shall | 41440 |
| conduct it. A licensed wholesaler or the wholesaler's designee who | 41441 |
| attends a program as required under this division, within one year | 41442 |
| after attending the program, shall conduct in-service training for | 41443 |
| other employees of the licensed wholesaler regarding the | 41444 |
| information obtained in the program. A licensed wholesaler shall | 41445 |
| provide the fire marshal with notice of the date, time, and place | 41446 |
| of all in-service training not less than thirty days prior to an | 41447 |
| in-service training event. | 41448 |
| | 41449 |
| general liability insurance coverage in the amount and type | 41450 |
| specified under division (B)(2) of section 3743.15 of the Revised | 41451 |
| Code at all times. Each policy of insurance required under this | 41452 |
| division shall contain a provision requiring the insurer to give | 41453 |
| not less than fifteen days' prior written notice to the fire | 41454 |
| marshal before termination, lapse, or cancellation of the policy, | 41455 |
| or any change in the policy that reduces the coverage below the | 41456 |
| minimum required under this division. Prior to canceling or | 41457 |
| reducing the amount of coverage of any comprehensive general | 41458 |
| liability insurance coverage required under this division, a | 41459 |
| licensed wholesaler shall secure supplemental insurance in an | 41460 |
| amount and type that satisfies the requirements of this division | 41461 |
| so that no lapse in coverage occurs at any time. A licensed | 41462 |
| wholesaler who secures supplemental insurance shall file evidence | 41463 |
| of the supplemental insurance with the fire marshal prior to | 41464 |
| canceling or reducing the amount of coverage of any comprehensive | 41465 |
| general liability insurance coverage required under this division. | 41466 |
| Sec. 3743.18. (A) The fire marshal shall adopt rules pursuant | 41467 |
| to Chapter 119. of the Revised Code governing the storage of | 41468 |
| fireworks by and the business operations of licensed wholesalers | 41469 |
| of fireworks. These rules shall be designed to promote the safety | 41470 |
| and security of employees of wholesalers, members of the public, | 41471 |
| and the premises upon which fireworks are sold. | 41472 |
| (B) The rules shall be consistent with sections 3743.15 to | 41473 |
| 3743.21 of the Revised Code, shall be substantially equivalent to | 41474 |
| the most recent versions of chapters 1123, 1124, and 1126 of the | 41475 |
| most recent national fire protection association standards, and | 41476 |
| shall apply to, but not be limited to, the following subject | 41477 |
| matters: | 41478 |
| | 41479 |
| and use of stoves and flame-producing items in, smoking in, the | 41480 |
| prevention of fire and explosion in, the availability of fire | 41481 |
| extinguishers or other fire-fighting equipment and their use in, | 41482 |
| and emergency procedures relative to the buildings and other | 41483 |
|
structures on a wholesaler's premises | 41484 |
| | 41485 |
| wholesalers in the course of handling and storing of fireworks, | 41486 |
| and the use of protective clothing and equipment by the | 41487 |
|
employees | 41488 |
| | 41489 |
| (4) Required distances between buildings or structures used | 41490 |
| in the manufacturing, storage, or sale of fireworks and occupied | 41491 |
| residential and nonresidential buildings or structures, railroads, | 41492 |
| highways, or any additional buildings or structures on a licensed | 41493 |
| premises. | 41494 |
| (5) Requirements for the operation of storage locations, | 41495 |
| including packaging, assembling, and storage of fireworks. | 41496 |
| (C) Rules adopted pursuant to division (B)(4) of this section | 41497 |
| do not apply to buildings that were erected on or before May 30, | 41498 |
| 1986, and that were legally being used for fireworks activities | 41499 |
| under authority of a valid license issued by the fire marshal as | 41500 |
| of December 1, 1990, pursuant to sections 3743.16 and 3743.17 of | 41501 |
| the Revised Code. | 41502 |
| Sec. 3743.19. In addition to conforming to the rules of the | 41503 |
| fire marshal adopted pursuant to section 3743.18 of the Revised | 41504 |
| Code, licensed wholesalers of fireworks shall conduct their | 41505 |
| business operations in accordance with the following: | 41506 |
| (A) A wholesaler shall conduct its business operations from | 41507 |
| the location described in its application for licensure or in a | 41508 |
| notification submitted under division (B) of section 3743.17 of | 41509 |
| the Revised Code. | 41510 |
| (B) Signs indicating that smoking is generally forbidden and | 41511 |
| trespassing is prohibited on the premises of a wholesaler shall be | 41512 |
| posted on the premises as determined by the fire marshal. | 41513 |
| (C) Reasonable precautions shall be taken to protect the | 41514 |
| premises of a wholesaler from trespass, loss, theft, or | 41515 |
| destruction. | 41516 |
| (D) Smoking or the carrying of pipes, cigarettes, or cigars, | 41517 |
| matches, lighters, other flame-producing items, or open flame on, | 41518 |
| or the carrying of a concealed source of ignition into, the | 41519 |
| premises of a wholesaler is prohibited, except that a wholesaler | 41520 |
| may permit smoking in specified lunchrooms or restrooms in | 41521 |
| buildings or other structures in which no sales, handling, or | 41522 |
| storage of fireworks takes place. "NO SMOKING" signs shall be | 41523 |
| posted on the premises as required by the fire marshal. | 41524 |
| (E) Fire and explosion prevention and other reasonable safety | 41525 |
| measures and precautions shall be implemented by a wholesaler. | 41526 |
| (F) Persons shall not be permitted to have in their | 41527 |
| possession or under their control, while they are on the premises | 41528 |
| of a wholesaler, any intoxicating liquor, beer, or controlled | 41529 |
| substance, and they shall not be permitted to enter or remain on | 41530 |
| the premises if they are found to be under the influence of any | 41531 |
| intoxicating liquor, beer, or controlled substance. | 41532 |
| (G) A wholesaler shall conform to all building, safety, and | 41533 |
| zoning statutes, ordinances, rules, or other enactments that apply | 41534 |
| to its premises. | 41535 |
| (H) | 41536 |
| 41537 | |
| 41538 | |
| 41539 | |
| 41540 | |
| 41541 | |
| 41542 | |
| 41543 | |
| 41544 | |
| 41545 | |
| 41546 |
| | 41547 |
| open to the public for at least four hours each day between the | 41548 |
| hours of eight a.m. and five p.m., five days of each week, every | 41549 |
| week of the year. Upon application from a licensed wholesaler, the | 41550 |
| fire marshal may waive any of the requirements of this division. | 41551 |
| | 41552 |
| facilities for the storage or sale of fireworks. This division | 41553 |
| does not prohibit the use of an awning or canopy attached to a | 41554 |
| public access showroom for storing nonflammable shopping | 41555 |
| convenience items such as shopping carts or baskets or providing a | 41556 |
| shaded area for patrons waiting to enter the public sales area. | 41557 |
| | 41558 |
| are properly enclosed, secured, and grounded and are separated | 41559 |
| from any structure to which the public is admitted by a distance | 41560 |
| that will, in the fire marshal's judgment, allow fire-fighting | 41561 |
| equipment to have full access to the structures on the licensed | 41562 |
| premises. Such trailers may be moved into closer proximity to any | 41563 |
| structure only to accept or discharge cargo for a period not to | 41564 |
| exceed forty-eight hours. Only two such trailers may be placed in | 41565 |
| such closer proximity at any one time. At no time may trailers be | 41566 |
| used for conducting sales of any class of fireworks nor may | 41567 |
| members of the public have access to the trailers. | 41568 |
| Storage areas for fireworks that are in the same building | 41569 |
| where fireworks are displayed and sold to the public shall be | 41570 |
| separated from the areas to which the public has access by an | 41571 |
| appropriately rated fire wall. | 41572 |
| | 41573 |
| 3781.108 of the Revised Code may be turned off only for repair, | 41574 |
| drainage of the system to prevent damage by freezing during the | 41575 |
| period of time, approved by the fire marshal under division (I) of | 41576 |
| this section, that the facility is closed to public access during | 41577 |
| winter months, or maintenance of the system. If any repair or | 41578 |
| maintenance is necessary during times when the facility is open | 41579 |
| for public access and business, the licensed wholesaler shall | 41580 |
| notify in advance the appropriate insurance company and fire chief | 41581 |
| or fire prevention officer regarding the nature of the maintenance | 41582 |
| or repair and the time when it will be performed. | 41583 |
| | 41584 |
| package or is manufactured with any fuse other than a fuse | 41585 |
| approved by the consumer product safety commission, then the item | 41586 |
| shall be covered completely by repackaging or bagging or it shall | 41587 |
| otherwise be covered so as to prevent ignition prior to sale. | 41588 |
| | 41589 |
| business hours at a building open to the public during the period | 41590 |
| commencing fourteen days before, and ending two days after, each | 41591 |
| fourth day of July. The officer shall be highly visible, enforce | 41592 |
| this chapter and any applicable building codes to the extent the | 41593 |
| officer is authorized by law, and be one of the following: | 41594 |
| (1) A deputy sheriff; | 41595 |
| (2) A law enforcement officer of a municipal corporation, | 41596 |
| township, or township or joint township police district; | 41597 |
| (3) A private uniformed security guard registered under | 41598 |
| section 4749.06 of the Revised Code. | 41599 |
| | 41600 |
| shall swing outward. | 41601 |
| | 41602 |
| be packaged, shipped, placarded, and transported in accordance | 41603 |
| with United States department of transportation regulations | 41604 |
| applicable to the transportation, and the offering for | 41605 |
| transportation, of hazardous materials. For purposes of this | 41606 |
| division, "wholesale and commercial sales" includes all sales for | 41607 |
| resale and any nonretail sale made in furtherance of a commercial | 41608 |
| enterprise. For purposes of enforcement of these regulations under | 41609 |
| section 4905.83 of the Revised Code, any sales transaction | 41610 |
| exceeding one thousand pounds shall be rebuttably presumed to be a | 41611 |
| wholesale or commercial sale. | 41612 |
| Sec. 3743.57. (A) All fees collected by the fire marshal for | 41613 |
| licenses or permits issued pursuant to this chapter shall be | 41614 |
| deposited into the state fire marshal's fund, and interest earned | 41615 |
| on the amounts in the fund shall be credited by the treasurer of | 41616 |
| state to the fund. | 41617 |
| (B) | 41618 |
| 41619 | |
| 41620 | |
| 41621 | |
| 41622 | |
| 41623 | |
| 41624 |
| | 41625 |
| 41626 | |
| 41627 | |
| 41628 | |
| 41629 | |
| 41630 | |
| 41631 | |
| 41632 | |
| 41633 | |
| 41634 | |
| 41635 | |
| 41636 | |
| 41637 | |
| 41638 | |
| 41639 | |
| 41640 | |
| 41641 | |
| 41642 | |
| 41643 |
| The fire marshal shall in the fire marshal's discretion use | 41644 |
| amounts in the state fire marshal's fund for fireworks training | 41645 |
| and education purposes, including, but not limited to, the | 41646 |
| creation of educational and training programs, attendance by the | 41647 |
| fire marshal and the fire marshal's employees at conferences and | 41648 |
| seminars, the payment of travel and meal expenses associated with | 41649 |
| such attendance, participation by the fire marshal and the fire | 41650 |
| marshal's employees in committee meetings and other meetings | 41651 |
| related to pyrotechnic codes, and the payment of travel and meal | 41652 |
| expenses associated with such participation. The use of the fund | 41653 |
| shall comply with rules of the department of commerce, policies | 41654 |
| and procedures established by the director of budget and | 41655 |
| management, and all other applicable laws. | 41656 |
| Sec. 3743.59. (A) Upon application by an affected party, the | 41657 |
| fire marshal may grant variances from the requirements of this | 41658 |
| chapter or from the requirements of rules adopted pursuant to this | 41659 |
| chapter if the fire marshal determines that a literal enforcement | 41660 |
| of
the requirement will result in | 41661 |
| difficulty in complying with the requirements of this chapter or | 41662 |
| the rules adopted pursuant to this chapter and that the variance | 41663 |
| will not be contrary to the public health, safety, or welfare. A | 41664 |
| variance shall not be granted to a person who is initially | 41665 |
| licensed as a manufacturer or wholesaler of fireworks after June | 41666 |
| 14, 1988. | 41667 |
| (B) The fire marshal may authorize a variance from the | 41668 |
| prohibitions in this chapter against the possession and use of | 41669 |
| pyrotechnic compounds to a person who submits proof that the | 41670 |
| person is certified and in good standing with the Ohio state board | 41671 |
| of education, provided that the pyrotechnic compounds are used for | 41672 |
| educational purposes only, or are used only at an authorized | 41673 |
| educational function approved by the governing board that | 41674 |
| exercises authority over the educational function. | 41675 |
| (C) The fire marshal may authorize a variance from the | 41676 |
| prohibitions in this chapter against the possession and use of | 41677 |
| pyrotechnic compounds to a person who possesses and uses the | 41678 |
| pyrotechnic compounds for personal and noncommercial purposes as a | 41679 |
| hobby. The fire marshal may rescind a variance authorized under | 41680 |
| this division at any time, exclusively at the fire marshal's | 41681 |
| discretion. | 41682 |
| Sec. 3743.65. (A) No person shall possess fireworks in this | 41683 |
| state or shall possess for sale or sell fireworks in this state, | 41684 |
| except a licensed manufacturer of fireworks as authorized by | 41685 |
| sections 3743.02 to 3743.08 of the Revised Code, a licensed | 41686 |
| wholesaler of fireworks as authorized by sections 3743.15 to | 41687 |
| 3743.21 of the Revised Code, a shipping permit holder as | 41688 |
| authorized by section 3743.40 of the Revised Code, an out-of-state | 41689 |
| resident as authorized by section 3743.44 of the Revised Code, a | 41690 |
| resident of this state as authorized by section 3743.45 of the | 41691 |
| Revised Code, or a licensed exhibitor of fireworks as authorized | 41692 |
| by sections 3743.50 to 3743.55 of the Revised Code, and except as | 41693 |
| provided in section 3743.80 of the Revised Code. | 41694 |
| (B) Except as provided in section 3743.80 of the Revised Code | 41695 |
| and except for licensed exhibitors of fireworks authorized to | 41696 |
| conduct a fireworks exhibition pursuant to sections 3743.50 to | 41697 |
| 3743.55 of the Revised Code, no person shall discharge, ignite, or | 41698 |
| explode any fireworks in this state. | 41699 |
| (C) No person shall use in a theater or public hall, what is | 41700 |
| technically known as fireworks showers, or a mixture containing | 41701 |
| potassium chlorate and sulphur. | 41702 |
| (D) No person shall sell fireworks of any kind to a person | 41703 |
| under eighteen years of age. | 41704 |
| (E) No person shall advertise 1.4G fireworks for sale. A sign | 41705 |
| located on a seller's premises identifying the seller as a seller | 41706 |
| of fireworks is not the advertising of fireworks for sale. | 41707 |
| (F) No person, other than a licensed manufacturer, licensed | 41708 |
| wholesaler, licensed exhibitor, or shipping permit holder, shall | 41709 |
| possess 1.3G fireworks in this state. | 41710 |
| (G)
Except as otherwise provided in division | 41711 |
|
section
3743.06
and division | 41712 |
| Revised Code, no person shall knowingly disable a fire suppression | 41713 |
| system as defined in section 3781.108 of the Revised Code on the | 41714 |
| premises of a fireworks plant of a licensed manufacturer of | 41715 |
| fireworks or on the premises of the business operations of a | 41716 |
| licensed wholesaler of fireworks. | 41717 |
| Sec. 3743.75. (A) During the period beginning on June 29, | 41718 |
| 2001, and ending on December 15, 2008, the state fire marshal | 41719 |
| shall not do any of the following: | 41720 |
| (1) Issue a license as a manufacturer of fireworks under | 41721 |
| sections 3743.02 and 3743.03 of the Revised Code to a person for a | 41722 |
| particular fireworks plant unless that person possessed such a | 41723 |
| license for that fireworks plant immediately prior to June 29, | 41724 |
| 2001; | 41725 |
| (2) Issue a license as a wholesaler of fireworks under | 41726 |
| sections 3743.15 and 3743.16 of the Revised Code to a person for a | 41727 |
| particular location unless that person possessed such a license | 41728 |
| for that location immediately prior to June 29, 2001; | 41729 |
| (3) Except as provided in division (B) of this section, | 41730 |
| approve the geographic transfer of a license as a manufacturer or | 41731 |
| wholesaler of fireworks issued under this chapter to any location | 41732 |
| other than a location for which a license was issued under this | 41733 |
| chapter immediately prior to June 29, 2001. | 41734 |
| (B) Division (A)(3) of this section does not apply to a | 41735 |
| transfer that the state fire marshal approves under division | 41736 |
| 41737 |
| (C) Notwithstanding section 3743.59 of
the Revised Code | 41738 |
| 41739 | |
| in divisions (A)(1) and (2) of this section, geographic transfers | 41740 |
| approved pursuant to division (F) of section 3743.17 of the | 41741 |
| Revised Code, and storage locations allowed pursuant to division | 41742 |
| (I) of section 3743.04 of the Revised Code or division (G) of | 41743 |
| section 3743.17 of the Revised Code are not subject to any | 41744 |
| variance, waiver, or exclusion. | 41745 |
| (D) As used in division (A) of this section: | 41746 |
| (1) "Person" includes any person or entity, in whatever form | 41747 |
| or name, that acquires possession of a manufacturer or wholesaler | 41748 |
| of fireworks license issued pursuant to this chapter by transfer | 41749 |
| of possession of a license, whether that transfer occurs by | 41750 |
| purchase, assignment, inheritance, bequest, stock transfer, or any | 41751 |
| other type of transfer, on the condition that the transfer is in | 41752 |
| accordance with division (D) of section 3743.04 of the Revised | 41753 |
| Code or division (D) of section 3743.17 of the Revised Code and is | 41754 |
| approved by the fire marshal. | 41755 |
| (2) "Particular location" includes a licensed premises and, | 41756 |
| regardless of when approved, any storage location approved in | 41757 |
| accordance with section 3743.04 or 3743.17 of the Revised Code. | 41758 |
| Sec. 3745.015. There is hereby created in the state treasury | 41759 |
| the environmental protection fund consisting of money credited to | 41760 |
| the fund under division (A)(3) of section 3734.57 of the Revised | 41761 |
| Code. The environmental protection agency shall use money in the | 41762 |
| fund to pay the agency's costs associated with administering and | 41763 |
| enforcing, or otherwise conducting activities under, this chapter | 41764 |
| and Chapters 3704., 3734., 3746., 3747., 3748., 3750., 3751., | 41765 |
| 3752., 3753., 5709., 6101., 6103., 6105., 6109., 6111., 6112., | 41766 |
| 6113., 6115., 6117., and 6119. and sections 122.65 and 1521.19 of | 41767 |
| the Revised Code. | 41768 |
| Sec. 3745.11. (A) Applicants for and holders of permits, | 41769 |
| licenses, variances, plan approvals, and certifications issued by | 41770 |
| the director of environmental protection pursuant to Chapters | 41771 |
| 3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee | 41772 |
| to the environmental protection agency for each such issuance and | 41773 |
| each application for an issuance as provided by this section. No | 41774 |
| fee shall be charged for any issuance for which no application has | 41775 |
| been submitted to the director. | 41776 |
| (B) Each person who is issued a permit to install prior to | 41777 |
| July 1, 2003, pursuant to rules adopted under division (F) of | 41778 |
| section 3704.03 of the Revised Code shall pay the fees specified | 41779 |
| in the following schedules: | 41780 |
| (1) | 41781 |
| Input capacity (maximum) | 41782 | ||||
| (million British thermal units per hour) | Permit to install | 41783 | |||
| Greater than 0, but less than 10 | $ 200 | 41784 | |||
| 10 or more, but less than 100 | 400 | 41785 | |||
| 100 or more, but less than 300 | 800 | 41786 | |||
| 300 or more, but less than 500 | 1500 | 41787 | |||
| 500 or more, but less than 1000 | 2500 | 41788 | |||
| 1000 or more, but less than 5000 | 4000 | 41789 | |||
| 5000 or more | 6000 | 41790 | |||
| Units burning exclusively natural gas, number two fuel oil, | 41791 |
| or both shall be assessed a fee that is one-half of the applicable | 41792 |
| amount established in division (F)(1) of this section. | 41793 |
| (2) Incinerators | 41794 |
| Input capacity (pounds per hour) | Permit to install | 41795 |
| 0 to 100 | $ 100 | 41796 | |||
| 101 to 500 | 400 | 41797 | |||
| 501 to 2000 | 750 | 41798 | |||
| 2001 to 20,000 | 1000 | 41799 | |||
| more than 20,000 | 2500 | 41800 | |||
| (3)(a) Process | 41801 |
| Process weight rate (pounds per hour) | Permit to install | 41802 |
| 0 to 1000 | $ 200 | 41803 | |||
| 1001 to 5000 | 400 | 41804 | |||
| 5001 to 10,000 | 600 | 41805 | |||
| 10,001 to 50,000 | 800 | 41806 | |||
| more than 50,000 | 1000 | 41807 | |||
| In any process where process weight rate cannot be | 41808 |
| ascertained, the minimum fee shall be assessed. | 41809 |
| (b) Notwithstanding division (B)(3)(a) of this section, any | 41810 |
| person issued a permit to install pursuant to rules adopted under | 41811 |
| division (F) of section 3704.03 of the Revised Code shall pay the | 41812 |
| fees established in division (B)(3)(c) of this section for a | 41813 |
| process used in any of the following industries, as identified by | 41814 |
| the applicable four-digit standard industrial classification code | 41815 |
| according to the Standard Industrial Classification Manual | 41816 |
| published by the United States office of management and budget in | 41817 |
| the executive office of the president, 1972, as revised: | 41818 |
| 1211 Bituminous coal and lignite mining; | 41819 |
| 1213 Bituminous coal and lignite mining services; | 41820 |
| 1411 Dimension stone; | 41821 |
| 1422 Crushed and broken limestone; | 41822 |
| 1427 Crushed and broken stone, not elsewhere classified; | 41823 |
| 1442 Construction sand and gravel; | 41824 |
| 1446 Industrial sand; | 41825 |
| 3281 Cut stone and stone products; | 41826 |
| 3295 Minerals and earth, ground or otherwise treated. | 41827 |
| (c) The fees established in the following schedule apply to | 41828 |
| the issuance of a permit to install pursuant to rules adopted | 41829 |
| under division (F) of section 3704.03 of the Revised Code for a | 41830 |
| process listed in division (B)(3)(b) of this section: | 41831 |
| Process weight rate (pounds per hour) | Permit to install | 41832 |
| 0 to 1000 | $ 200 | 41833 | |
| 10,001 to 50,000 | 300 | 41834 | |
| 50,001 to 100,000 | 400 | 41835 | |
| 100,001 to 200,000 | 500 | 41836 | |
| 200,001 to 400,000 | 600 | 41837 | |
| 400,001 or more | 700 | 41838 |
| (4) Storage tanks | 41839 |
| Gallons (maximum useful capacity) | Permit to install | 41840 |
| 0 to 20,000 | $ 100 | 41841 | |||
| 20,001 to 40,000 | 150 | 41842 | |||
| 40,001 to 100,000 | 200 | 41843 | |||
| 100,001 to 250,000 | 250 | 41844 | |||
| 250,001 to 500,000 | 350 | 41845 | |||
| 500,001 to 1,000,000 | 500 | 41846 | |||
| 1,000,001 or greater | 750 | 41847 | |||
| (5) Gasoline/fuel dispensing facilities | 41848 |
| For each gasoline/fuel dispensing | Permit to install | 41849 | |||
| facility | $ 100 | 41850 | |||
| (6) Dry cleaning facilities | 41851 |
| For each dry cleaning facility | Permit to install | 41852 | |||
| (includes all units at the facility) | $ 100 | 41853 | |||
| (7) Registration status | 41854 |
| For each source covered | Permit to install | 41855 | |||
| by registration status | $ 75 | 41856 | |||
| (C)(1) Except as otherwise provided in division (C)(2) of | 41857 |
| this section, beginning July 1, 1994, each person who owns or | 41858 |
| operates an air contaminant source and who is required to apply | 41859 |
| for and obtain a Title V permit under section 3704.036 of the | 41860 |
| Revised Code shall pay the fees set forth in division (C)(1) of | 41861 |
| this section. For the purposes of that division, total emissions | 41862 |
| of air contaminants may be calculated using engineering | 41863 |
| calculations, emissions factors, material balance calculations, or | 41864 |
| performance testing procedures, as authorized by the director. | 41865 |
| The following fees shall be assessed on the total actual | 41866 |
| emissions from a source in tons per year of the regulated | 41867 |
| pollutants particulate matter, sulfur dioxide, nitrogen oxides, | 41868 |
| organic compounds, and lead: | 41869 |
| (a) Fifteen dollars per ton on the total actual emissions of | 41870 |
| each such regulated pollutant during the period July through | 41871 |
| December 1993, to be collected no sooner than July 1, 1994; | 41872 |
| (b) Twenty dollars per ton on the total actual emissions of | 41873 |
| each such regulated pollutant during calendar year 1994, to be | 41874 |
| collected no sooner than April 15, 1995; | 41875 |
| (c) Twenty-five dollars per ton on the total actual emissions | 41876 |
| of each such regulated pollutant in calendar year 1995, and each | 41877 |
| subsequent calendar year, to be collected no sooner than the | 41878 |
| fifteenth day of April of the year next succeeding the calendar | 41879 |
| year in which the emissions occurred. | 41880 |
| The fees levied under division (C)(1) of this section do not | 41881 |
| apply to that portion of the emissions of a regulated pollutant at | 41882 |
| a facility that exceed four thousand tons during a calendar year. | 41883 |
| (2) The fees assessed under division (C)(1) of this section | 41884 |
| are for the purpose of providing funding for the Title V permit | 41885 |
| program. | 41886 |
| (3) The fees assessed under division (C)(1) of this section | 41887 |
| do not apply to emissions from any electric generating unit | 41888 |
| designated as a Phase I unit under Title IV of the federal Clean | 41889 |
| Air Act prior to calendar year 2000. Those fees shall be assessed | 41890 |
| on the emissions from such a generating unit commencing in | 41891 |
| calendar year 2001 based upon the total actual emissions from the | 41892 |
| generating unit during calendar year 2000 and shall continue to be | 41893 |
| assessed each subsequent calendar year based on the total actual | 41894 |
| emissions from the generating unit during the preceding calendar | 41895 |
| year. | 41896 |
| (4) The director shall issue invoices to owners or operators | 41897 |
| of air contaminant sources who are required to pay a fee assessed | 41898 |
| under division (C) or (D) of this section. Any such invoice shall | 41899 |
| be issued no sooner than the applicable date when the fee first | 41900 |
| may be collected in a year under the applicable division, shall | 41901 |
| identify the nature and amount of the fee assessed, and shall | 41902 |
| indicate that the fee is required to be paid within thirty days | 41903 |
| after the issuance of the invoice. | 41904 |
| (D)(1) Except as provided in division (D)(3) of this section, | 41905 |
| from January 1, 1994, through December 31, 2003, each person who | 41906 |
| owns or operates an air contaminant source; who is required to | 41907 |
| apply for a permit to operate pursuant to rules adopted under | 41908 |
| division (G), or a variance pursuant to division (H), of section | 41909 |
| 3704.03 of the Revised Code; and who is not required to apply for | 41910 |
| and obtain a Title V permit under section 3704.036 of the Revised | 41911 |
| Code shall pay a single fee based upon the sum of the actual | 41912 |
| annual emissions from the facility of the regulated pollutants | 41913 |
| particulate matter, sulfur dioxide, nitrogen oxides, organic | 41914 |
| compounds, and lead in accordance with the following schedule: | 41915 |
| Total tons per year | 41916 | |||||
| of regulated pollutants | Annual fee | 41917 | ||||
| emitted | per facility | 41918 | ||||
| More than 0, but less than 50 | $ 75 | 41919 | ||||
| 50 or more, but less than 100 | 300 | 41920 | ||||
| 100 or more | 700 | 41921 |
| (2) Except as provided in division (D)(3) of this section, | 41922 |
| beginning January 1, 2004, each person who owns or operates an air | 41923 |
| contaminant source; who is required to apply for a permit to | 41924 |
| operate pursuant to rules adopted under division (G), or a | 41925 |
| variance pursuant to division (H), of section 3704.03 of the | 41926 |
| Revised Code; and who is not required to apply for and obtain a | 41927 |
| Title V permit under section 3704.03 of the Revised Code shall pay | 41928 |
| a single fee based upon the sum of the actual annual emissions | 41929 |
| from the facility of the regulated pollutants particulate matter, | 41930 |
| sulfur dioxide, nitrogen oxides, organic compounds, and lead in | 41931 |
| accordance with the following schedule: | 41932 |
| Total tons per year | 41933 | |||||
| of regulated pollutants | Annual fee | 41934 | ||||
| emitted | per facility | 41935 | ||||
| More than 0, but less than 10 | $ 100 | 41936 | ||||
| 10 or more, but less than 50 | 200 | 41937 | ||||
| 50 or more, but less than 100 | 300 | 41938 | ||||
| 100 or more | 700 | 41939 |
| (3)(a) As used in division (D) of this section, "synthetic | 41940 |
| minor facility" means a facility for which one or more permits to | 41941 |
| install or permits to operate have been issued for the air | 41942 |
| contaminant sources at the facility that include terms and | 41943 |
| conditions that lower the facility's potential to emit air | 41944 |
| contaminants below the major source thresholds established in | 41945 |
| rules adopted under section 3704.036 of the Revised Code. | 41946 |
| (b) Beginning January 1, 2000, through June 30,
| 41947 |
| each person who owns or operates a synthetic minor facility shall | 41948 |
| pay an annual fee based on the sum of the actual annual emissions | 41949 |
| from the facility of particulate matter, sulfur dioxide, nitrogen | 41950 |
| dioxide, organic compounds, and lead in accordance with the | 41951 |
| following schedule: | 41952 |
| Combined total tons | 41953 | ||||
| per year of all regulated | Annual fee | 41954 | |||
| pollutants emitted | per facility | 41955 |
| Less than 10 | $ 170 | 41956 | |||
| 10 or more, but less than 20 | 340 | 41957 | |||
| 20 or more, but less than 30 | 670 | 41958 | |||
| 30 or more, but less than 40 | 1,010 | 41959 | |||
| 40 or more, but less than 50 | 1,340 | 41960 | |||
| 50 or more, but less than 60 | 1,680 | 41961 | |||
| 60 or more, but less than 70 | 2,010 | 41962 | |||
| 70 or more, but less than 80 | 2,350 | 41963 | |||
| 80 or more, but less than 90 | 2,680 | 41964 | |||
| 90 or more, but less than 100 | 3,020 | 41965 | |||
| 100 or more | 3,350 | 41966 |
| (4) The fees assessed under division (D)(1) of this section | 41967 |
| shall be collected annually no sooner than the fifteenth day of | 41968 |
| April, commencing in 1995. The fees assessed under division (D)(2) | 41969 |
| of this section shall be collected annually no sooner than the | 41970 |
| fifteenth day of April, commencing in 2005. The fees assessed | 41971 |
| under division (D)(3) of this section shall be collected no sooner | 41972 |
| than the fifteenth day of April, commencing in 2000. The fees | 41973 |
| assessed under division (D) of this section in a calendar year | 41974 |
| shall be based upon the sum of the actual emissions of those | 41975 |
| regulated pollutants during the preceding calendar year. For the | 41976 |
| purpose of division (D) of this section, emissions of air | 41977 |
| contaminants may be calculated using engineering calculations, | 41978 |
| emission factors, material balance calculations, or performance | 41979 |
| testing procedures, as authorized by the director. The director, | 41980 |
| by rule, may require persons who are required to pay the fees | 41981 |
| assessed under division (D) of this section to pay those fees | 41982 |
| biennially rather than annually. | 41983 |
| (E)(1) Consistent with the need to cover the reasonable costs | 41984 |
| of the Title V permit program, the director annually shall | 41985 |
| increase the fees prescribed in division (C)(1) of this section by | 41986 |
| the percentage, if any, by which the consumer price index for the | 41987 |
| most recent calendar year ending before the beginning of a year | 41988 |
| exceeds the consumer price index for calendar year 1989. Upon | 41989 |
| calculating an increase in fees authorized by division (E)(1) of | 41990 |
| this section, the director shall compile revised fee schedules for | 41991 |
| the purposes of division (C)(1) of this section and shall make the | 41992 |
| revised schedules available to persons required to pay the fees | 41993 |
| assessed under that division and to the public. | 41994 |
| (2) For the purposes of division (E)(1) of this section: | 41995 |
| (a) The consumer price index for any year is the average of | 41996 |
| the consumer price index for all urban consumers published by the | 41997 |
| United States department of labor as of the close of the | 41998 |
| twelve-month period ending on the thirty-first day of August of | 41999 |
| that year. | 42000 |
| (b) If the 1989 consumer price index is revised, the director | 42001 |
| shall use the revision of the consumer price index that is most | 42002 |
| consistent with that for calendar year 1989. | 42003 |
| (F) Each person who is issued a permit to install pursuant to | 42004 |
| rules adopted under division (F) of section 3704.03 of the Revised | 42005 |
| Code on or after July 1, 2003, shall pay the fees specified in the | 42006 |
| following schedules: | 42007 |
| (1) Fuel-burning equipment (boilers, furnaces, or process | 42008 |
| heaters used in the process of burning fuel for the primary | 42009 |
| purpose of producing heat or power by indirect heat transfer) | 42010 |
| Input capacity (maximum) | 42011 | ||
| (million British thermal units per hour) | Permit to install | 42012 | |
| Greater than 0, but less than 10 | $ 200 | 42013 | |
| 10 or more, but less than 100 | 400 | 42014 | |
| 100 or more, but less than 300 | 1000 | 42015 | |
| 300 or more, but less than 500 | 2250 | 42016 | |
| 500 or more, but less than 1000 | 3750 | 42017 | |
| 1000 or more, but less than 5000 | 6000 | 42018 | |
| 5000 or more | 9000 | 42019 |
| Units burning exclusively natural gas, number two fuel oil, | 42020 |
| or both shall be assessed a fee that is one-half the applicable | 42021 |
| amount shown in division (F)(1) of this section. | 42022 |
| (2) Combustion turbines and stationary internal combustion | 42023 |
| engines designed to generate electricity | 42024 |
| Generating capacity (mega watts) | Permit to install | 42025 | |
| 0 or more, but less than 10 | $ 25 | 42026 | |
| 10 or more, but less than 25 | 150 | 42027 | |
| 25 or more, but less than 50 | 300 | 42028 | |
| 50 or more, but less than 100 | 500 | 42029 | |
| 100 or more, but less than 250 | 1000 | 42030 | |
| 250 or more | 2000 | 42031 |
| (3) Incinerators | 42032 |
| Input capacity (pounds per hour) | Permit to install | 42033 | |
| 0 to 100 | $ 100 | 42034 | |
| 101 to 500 | 500 | 42035 | |
| 501 to 2000 | 1000 | 42036 | |
| 2001 to 20,000 | 1500 | 42037 | |
| more than 20,000 | 3750 | 42038 |
| (4)(a) Process | 42039 |
| Process weight rate (pounds per hour) | Permit to install | 42040 | |
| 0 to 1000 | $ 200 | 42041 | |
| 1001 to 5000 | 500 | 42042 | |
| 5001 to 10,000 | 750 | 42043 | |
| 10,001 to 50,000 | 1000 | 42044 | |
| more than 50,000 | 1250 | 42045 |
| In any process where process weight rate cannot be | 42046 |
| ascertained, the minimum fee shall be assessed. A boiler, furnace, | 42047 |
| combustion turbine, stationary internal combustion engine, or | 42048 |
| process heater designed to provide direct heat or power to a | 42049 |
| process not designed to generate electricity shall be assessed a | 42050 |
| fee established in division (F)(4)(a) of this section. A | 42051 |
| combustion turbine or stationary internal combustion engine | 42052 |
| designed to generate electricity shall be assessed a fee | 42053 |
| established in division (F)(2) of this section. | 42054 |
| (b) Notwithstanding division (F) | 42055 |
| any person issued a permit to install pursuant to rules adopted | 42056 |
| under division (F) of section 3704.03 of the Revised Code shall | 42057 |
|
pay the
fees set forth in division (F) | 42058 |
| for a process used in any of the following industries, as | 42059 |
| identified by the applicable two-digit, three-digit, or four-digit | 42060 |
| standard industrial classification code according to the Standard | 42061 |
| Industrial Classification Manual published by the United States | 42062 |
| office of management and budget in the executive office of the | 42063 |
| president, | 42064 |
| | 42065 |
| | 42066 |
| | 42067 |
| | 42068 |
| | 42069 |
| | 42070 |
| | 42071 |
| Major group 12, coal mining; | 42072 |
| Major group 14, mining and quarrying of nonmetallic minerals; | 42073 |
| Industry group 204, grain mill products; | 42074 |
| 2873 Nitrogen fertilizers; | 42075 |
| 2874 Phosphatic fertilizers; | 42076 |
| 3281 Cut stone and stone products; | 42077 |
| 3295 Minerals and earth, ground or otherwise treated; | 42078 |
| 4221 Grain elevators (storage only); | 42079 |
| 5159 Farm related raw materials; | 42080 |
| 5261 Retail nurseries and lawn and garden supply stores. | 42081 |
| (c) The fees set forth in the following schedule apply to the | 42082 |
| issuance of a permit to install pursuant to rules adopted under | 42083 |
| division (F) of section 3704.03 of the Revised Code for a process | 42084 |
| identified in division (F) | 42085 |
| Process weight rate (pounds per hour) | Permit to install | 42086 | ||||
| 0 to 10,000 | $ 200 | 42087 | ||||
| 10,001 to 50,000 | 400 | 42088 | ||||
| 50,001 to 100,000 | 500 | 42089 | ||||
| 100,001 to 200,000 | 600 | 42090 | ||||
| 200,001 to 400,000 | 750 | 42091 | ||||
| 400,001 or more | 900 | 42092 |
| (5) Storage tanks | 42093 |
| Gallons (maximum useful capacity) | Permit to install | 42094 | ||||
| 0 to 20,000 | $ 100 | 42095 | ||||
| 20,001 to 40,000 | 150 | 42096 | ||||
| 40,001 to 100,000 | 250 | 42097 | ||||
| 100,001 to 500,000 | 400 | 42098 | ||||
| 500,001 or greater | 750 | 42099 |
| (6) Gasoline/fuel dispensing facilities | 42100 |
| For each gasoline/fuel | 42101 | |||||
| dispensing facility (includes all | Permit to install | 42102 | ||||
| units at the facility) | $ 100 | 42103 | ||||
| (7) Dry cleaning facilities | 42104 |
| For each dry cleaning | 42105 | |||||
| facility (includes all units | Permit to install | 42106 | ||||
| at the facility) | $ 100 | 42107 | ||||
| (8) Registration status | 42108 |
| For each source covered | Permit to install | 42109 | ||||
| by registration status | $ 75 | 42110 | ||||
| (G) An owner or operator who is responsible for an asbestos | 42111 |
| demolition or renovation project pursuant to rules adopted under | 42112 |
| section 3704.03 of the Revised Code shall pay the fees set forth | 42113 |
| in the following schedule: | 42114 |
| Action | Fee | 42115 | ||||
| Each notification | $75 | 42116 | ||||
| Asbestos removal | $3/unit | 42117 | ||||
| Asbestos cleanup | $4/cubic yard | 42118 |
| For purposes of this division, "unit" means any combination of | 42119 |
| linear feet or square feet equal to fifty. | 42120 |
| (H) A person who is issued an extension of time for a permit | 42121 |
| to install an air contaminant source pursuant to rules adopted | 42122 |
| under division (F) of section 3704.03 of the Revised Code shall | 42123 |
| pay a fee equal to one-half the fee originally assessed for the | 42124 |
| permit to install under this section, except that the fee for such | 42125 |
| an extension shall not exceed two hundred dollars. | 42126 |
| (I) A person who is issued a modification to a permit to | 42127 |
| install an air contaminant source pursuant to rules adopted under | 42128 |
| section 3704.03 of the Revised Code shall pay a fee equal to | 42129 |
| one-half of the fee that would be assessed under this section to | 42130 |
| obtain a permit to install the source. The fee assessed by this | 42131 |
| division only applies to modifications that are initiated by the | 42132 |
| owner or operator of the source and shall not exceed two thousand | 42133 |
| dollars. | 42134 |
| (J) Notwithstanding division (B) or (F) of this section, a | 42135 |
| person who applies for or obtains a permit to install pursuant to | 42136 |
| rules adopted under division (F) of section 3704.03 of the Revised | 42137 |
| Code after the date actual construction of the source began shall | 42138 |
| pay a fee for the permit to install that is equal to twice the fee | 42139 |
| that otherwise would be assessed under the applicable division | 42140 |
| unless the applicant received authorization to begin construction | 42141 |
| under division (W) of section 3704.03 of the Revised Code. This | 42142 |
| division only applies to sources for which actual construction of | 42143 |
| the source begins on or after July 1, 1993. The imposition or | 42144 |
| payment of the fee established in this division does not preclude | 42145 |
| the director from taking any administrative or judicial | 42146 |
| enforcement action under this chapter, Chapter 3704., 3714., | 42147 |
| 3734., or 6111. of the Revised Code, or a rule adopted under any | 42148 |
| of them, in connection with a violation of rules adopted under | 42149 |
| division (F) of section 3704.03 of the Revised Code. | 42150 |
| As used in this division, "actual construction of the source" | 42151 |
| means the initiation of physical on-site construction activities | 42152 |
| in connection with improvements to the source that are permanent | 42153 |
| in nature, including, without limitation, the installation of | 42154 |
| building supports and foundations and the laying of underground | 42155 |
| pipework. | 42156 |
| (K) Fifty cents per ton of each fee assessed under division | 42157 |
| (C) of this section on actual emissions from a source and received | 42158 |
| by the environmental protection agency pursuant to that division | 42159 |
| shall be deposited into the state treasury to the credit of the | 42160 |
| small business assistance fund created in section 3706.19 of the | 42161 |
| Revised Code. The remainder of the moneys received by the division | 42162 |
| pursuant to that division and moneys received by the agency | 42163 |
| pursuant to divisions (D), (F), (G), (H), (I), and (J) of this | 42164 |
| section shall be deposited in the state treasury to the credit of | 42165 |
| the clean air fund created in section 3704.035 of the Revised | 42166 |
| Code. | 42167 |
| (L)(1)(a) Except as otherwise provided in division (L)(1)(b) | 42168 |
| or (c) of this section, a person issued a water discharge permit | 42169 |
| or renewal of a water discharge permit pursuant to Chapter 6111. | 42170 |
| of the Revised Code shall pay a fee based on each point source to | 42171 |
| which the issuance is applicable in accordance with the following | 42172 |
| schedule: | 42173 |
| Design flow discharge (gallons per day) | Fee | 42174 | ||||
| 0 to 1000 | $ 0 | 42175 | ||||
| 1,001 to 5000 | 100 | 42176 | ||||
| 5,001 to 50,000 | 200 | 42177 | ||||
| 50,001 to 100,000 | 300 | 42178 | ||||
| 100,001 to 300,000 | 525 | 42179 | ||||
| over 300,000 | 750 | 42180 |
| (b) Notwithstanding the fee schedule specified in division | 42181 |
| (L)(1)(a) of this section, the fee for a water discharge permit | 42182 |
| that is applicable to coal mining operations regulated under | 42183 |
| Chapter 1513. of the Revised Code shall be two hundred fifty | 42184 |
| dollars per mine. | 42185 |
| (c) Notwithstanding the fee schedule specified in division | 42186 |
| (L)(1)(a) of this section, the fee for a water discharge permit | 42187 |
| for a public discharger identified by I in the third character of | 42188 |
| the permittee's NPDES permit number shall not exceed seven hundred | 42189 |
| fifty dollars. | 42190 |
| (2) A person applying for a plan approval for a wastewater | 42191 |
| treatment works pursuant to section 6111.44, 6111.45, or 6111.46 | 42192 |
| of the Revised Code shall pay a fee of one hundred dollars plus | 42193 |
| sixty-five one-hundredths of one per cent of the estimated project | 42194 |
|
cost through June 30,
| 42195 |
| two-tenths of one per cent of the estimated project cost on and | 42196 |
|
after July 1,
| 42197 |
|
exceed
fifteen thousand dollars through June 30,
| 42198 |
|
five
thousand
dollars on and after July 1,
| 42199 |
| shall be paid at the time the application is submitted. | 42200 |
| (3) A person issued a modification of a water discharge | 42201 |
| permit shall pay a fee equal to one-half the fee that otherwise | 42202 |
| would be charged for a water discharge permit, except that the fee | 42203 |
| for the modification shall not exceed four hundred dollars. | 42204 |
| (4) A person who has entered into an agreement with the | 42205 |
| director under section 6111.14 of the Revised Code shall pay an | 42206 |
| administrative service fee for each plan submitted under that | 42207 |
| section for approval that shall not exceed the minimum amount | 42208 |
| necessary to pay administrative costs directly attributable to | 42209 |
| processing plan approvals. The director annually shall calculate | 42210 |
| the fee and shall notify all persons who have entered into | 42211 |
| agreements under that section, or who have applied for agreements, | 42212 |
| of the amount of the fee. | 42213 |
| (5)(a)(i) Not later than January 30,
| 42214 |
|
30,
| 42215 |
| pursuant to Chapter 6111. of the Revised Code with an average | 42216 |
| daily discharge flow of five thousand gallons or more shall pay a | 42217 |
| nonrefundable annual discharge fee. Any person who fails to pay | 42218 |
| the fee at that time shall pay an additional amount that equals | 42219 |
| ten per cent of the required annual discharge fee. | 42220 |
| (ii) The billing year for the annual discharge fee | 42221 |
| established in division (L)(5)(a)(i) of this section shall consist | 42222 |
| of a twelve-month period beginning on the first day of January of | 42223 |
| the year preceding the date when the annual discharge fee is due. | 42224 |
| In the case of an existing source that permanently ceases to | 42225 |
| discharge during a billing year, the director shall reduce the | 42226 |
| annual discharge fee, including the surcharge applicable to | 42227 |
| certain industrial facilities pursuant to division (L)(5)(c) of | 42228 |
| this section, by one-twelfth for each full month during the | 42229 |
| billing year that the source was not discharging, but only if the | 42230 |
| person holding the NPDES discharge permit for the source notifies | 42231 |
| the director in writing, not later than the first day of October | 42232 |
| of the billing year, of the circumstances causing the cessation of | 42233 |
| discharge. | 42234 |
| (iii) The annual discharge fee established in division | 42235 |
| (L)(5)(a)(i) of this section, except for the surcharge applicable | 42236 |
| to certain industrial facilities pursuant to division (L)(5)(c) of | 42237 |
| this section, shall be based upon the average daily discharge flow | 42238 |
| in gallons per day calculated using first day of May through | 42239 |
| thirty-first day of October flow data for the period two years | 42240 |
| prior to the date on which the fee is due. In the case of NPDES | 42241 |
| discharge permits for new sources, the fee shall be calculated | 42242 |
| using the average daily design flow of the facility until actual | 42243 |
| average daily discharge flow values are available for the time | 42244 |
| period specified in division (L)(5)(a)(iii) of this section. The | 42245 |
| annual discharge fee may be prorated for a new source as described | 42246 |
| in division (L)(5)(a)(ii) of this section. | 42247 |
| (b) An NPDES permit holder that is a public discharger shall | 42248 |
| pay the fee specified in the following schedule: | 42249 |
| Average daily | Fee due by | 42250 | ||||
| discharge flow | January 30, | 42251 | ||||
| |
42252 | |||||
| January 30, |
42253 |
| 5,000 to 49,999 | $ 200 | 42254 | ||||
| 50,000 to 100,000 | 500 | 42255 | ||||
| 100,001 to 250,000 | 1,050 | 42256 | ||||
| 250,001 to 1,000,000 | 2,600 | 42257 | ||||
| 1,000,001 to 5,000,000 | 5,200 | 42258 | ||||
| 5,000,001 to 10,000,000 | 10,350 | 42259 | ||||
| 10,000,001 to 20,000,000 | 15,550 | 42260 | ||||
| 20,000,001 to 50,000,000 | 25,900 | 42261 | ||||
| 50,000,001 to 100,000,000 | 41,400 | 42262 | ||||
| 100,000,001 or more | 62,100 | 42263 |
| Public dischargers owning or operating two or more publicly | 42264 |
| owned treatment works serving the same political subdivision, as | 42265 |
| "treatment works" is defined in section 6111.01 of the Revised | 42266 |
| Code, and that serve exclusively political subdivisions having a | 42267 |
| population of fewer than one hundred thousand shall pay an annual | 42268 |
| discharge fee under division (L)(5)(b) of this section that is | 42269 |
| based on the combined average daily discharge flow of the | 42270 |
| treatment works. | 42271 |
| (c) An NPDES permit holder that is an industrial discharger, | 42272 |
| other than a coal mining operator identified by P in the third | 42273 |
| character of the permittee's NPDES permit number, shall pay the | 42274 |
| fee specified in the following schedule: | 42275 |
| Average daily | Fee due by | 42276 | ||||
| discharge flow | January 30, | 42277 | ||||
| |
42278 | |||||
| January 30, |
42279 |
| 5,000 to 49,999 | $ 250 | 42280 | ||||
| 50,000 to 250,000 | 1,200 | 42281 | ||||
| 250,001 to 1,000,000 | 2,950 | 42282 | ||||
| 1,000,001 to 5,000,000 | 5,850 | 42283 | ||||
| 5,000,001 to 10,000,000 | 8,800 | 42284 | ||||
| 10,000,001 to 20,000,000 | 11,700 | 42285 | ||||
| 20,000,001 to 100,000,000 | 14,050 | 42286 | ||||
| 100,000,001 to 250,000,000 | 16,400 | 42287 | ||||
| 250,000,001 or more | 18,700 | 42288 |
| In addition to the fee specified in the above schedule, an | 42289 |
| NPDES permit holder that is an industrial discharger classified as | 42290 |
| a major discharger during all or part of the annual discharge fee | 42291 |
| billing year specified in division (L)(5)(a)(ii) of this section | 42292 |
| shall pay a nonrefundable annual surcharge of seven thousand five | 42293 |
|
hundred
dollars not later than
January 30,
| 42294 |
| later
than
January 30, | 42295 |
| surcharge at that time shall pay an additional amount that equals | 42296 |
| ten per cent of the amount of the surcharge. | 42297 |
| (d) Notwithstanding divisions (L)(5)(b) and (c) of this | 42298 |
| section, a public discharger identified by I in the third | 42299 |
| character of the permittee's NPDES permit number and an industrial | 42300 |
| discharger identified by I, J, L, V, W, X, Y, or Z in the third | 42301 |
| character of the permittee's NPDES permit number shall pay a | 42302 |
| nonrefundable annual discharge fee of one hundred eighty dollars | 42303 |
|
not later than
January 30,
| 42304 |
|
30,
| 42305 |
| shall pay an additional amount that equals ten per cent of the | 42306 |
| required fee. | 42307 |
| (6) Each person obtaining a national pollutant discharge | 42308 |
| elimination system general or individual permit for municipal | 42309 |
| storm water discharge shall pay a nonrefundable storm water | 42310 |
| discharge fee of one hundred dollars per square mile of area | 42311 |
| permitted. The fee shall not exceed ten thousand dollars and shall | 42312 |
| be payable on or before January 30, 2004, and the thirtieth day of | 42313 |
| January of each year thereafter. Any person who fails to pay the | 42314 |
| fee on the date specified in division (L)(6) of this section shall | 42315 |
| pay an additional amount per year equal to ten per cent of the | 42316 |
| annual fee that is unpaid. | 42317 |
| (7) The director shall transmit all moneys collected under | 42318 |
| division (L) of this section to the treasurer of state for deposit | 42319 |
| into the state treasury to the credit of the surface water | 42320 |
| protection fund created in section 6111.038 of the Revised Code. | 42321 |
| (8) As used in division (L) of this section: | 42322 |
| (a) "NPDES" means the federally approved national pollutant | 42323 |
| discharge elimination system program for issuing, modifying, | 42324 |
| revoking, reissuing, terminating, monitoring, and enforcing | 42325 |
| permits and imposing and enforcing pretreatment requirements under | 42326 |
| Chapter 6111. of the Revised Code and rules adopted under it. | 42327 |
| (b) "Public discharger" means any holder of an NPDES permit | 42328 |
| identified by P in the second character of the NPDES permit number | 42329 |
| assigned by the director. | 42330 |
| (c) "Industrial discharger" means any holder of an NPDES | 42331 |
| permit identified by I in the second character of the NPDES permit | 42332 |
| number assigned by the director. | 42333 |
| (d) "Major discharger" means any holder of an NPDES permit | 42334 |
| classified as major by the regional administrator of the United | 42335 |
| States environmental protection agency in conjunction with the | 42336 |
| director. | 42337 |
| (M) Through June 30,
| 42338 |
| license or license renewal to operate a public water system under | 42339 |
| section 6109.21 of the Revised Code shall pay the appropriate fee | 42340 |
| established under this division at the time of application to the | 42341 |
| director. Any person who fails to pay the fee at that time shall | 42342 |
| pay an additional amount that equals ten per cent of the required | 42343 |
| fee. The director shall transmit all moneys collected under this | 42344 |
| division to the treasurer of state for deposit into the drinking | 42345 |
| water protection fund created in section 6109.30 of the Revised | 42346 |
| Code. | 42347 |
| Except as provided in division (M)(4) of this section, fees | 42348 |
| required under this division shall be calculated and paid in | 42349 |
| accordance with the following schedule: | 42350 |
| (1) For the initial license required under division (A)(1) of | 42351 |
| section 6109.21 of the Revised Code for any public water system | 42352 |
| that is a community water system as defined in section 6109.01 of | 42353 |
| the Revised Code, and for each license renewal required for such a | 42354 |
|
system prior to January 31,
| 42355 |
| Number of service connections | Fee amount | 42356 | |||
| Not more than 49 | $ 112 | 42357 | |||
| 50 to 99 | 176 | 42358 |
| Number of service connections | Average cost per connection | 42359 | ||||
| 100 to 2,499 | $ 1.92 | 42360 | ||||
| 2,500 to 4,999 | 1.48 | 42361 | ||||
| 5,000 to 7,499 | 1.42 | 42362 | ||||
| 7,500 to 9,999 | 1.34 | 42363 | ||||
| 10,000 to 14,999 | 1.16 | 42364 | ||||
| 15,000 to 24,999 | 1.10 | 42365 | ||||
| 25,000 to 49,999 | 1.04 | 42366 | ||||
| 50,000 to 99,999 | .92 | 42367 | ||||
| 100,000 to 149,999 | .86 | 42368 | ||||
| 150,000 to 199,999 | .80 | 42369 | ||||
| 200,000 or more | .76 | 42370 |
| A public water system may determine how it will pay the total | 42371 |
| amount of the fee calculated under division (M)(1) of this | 42372 |
| section, including the assessment of additional user fees that may | 42373 |
| be assessed on a volumetric basis. | 42374 |
| As used in division (M)(1) of this section, "service | 42375 |
| connection" means the number of active or inactive pipes, | 42376 |
| goosenecks, pigtails, and any other fittings connecting a water | 42377 |
| main to any building outlet. | 42378 |
| (2) For the initial license required under division (A)(2) of | 42379 |
| section 6109.21 of the Revised Code for any public water system | 42380 |
| that is not a community water system and serves a nontransient | 42381 |
| population, and for each license renewal required for such a | 42382 |
|
system prior to January 31,
| 42383 |
| Population served | Fee amount | 42384 | ||||
| Fewer than 150 | $ 112 | 42385 | ||||
| 150 to 299 | 176 | 42386 | ||||
| 300 to 749 | 384 | 42387 | ||||
| 750 to 1,499 | 628 | 42388 | ||||
| 1,500 to 2,999 | 1,268 | 42389 | ||||
| 3,000 to 7,499 | 2,816 | 42390 | ||||
| 7,500 to 14,999 | 5,510 | 42391 | ||||
| 15,000 to 22,499 | 9,048 | 42392 | ||||
| 22,500 to 29,999 | 12,430 | 42393 | ||||
| 30,000 or more | 16,820 | 42394 |
| As used in division (M)(2) of this section, "population | 42395 |
| served" means the total number of individuals receiving water from | 42396 |
| the water supply during a twenty-four-hour period for at least | 42397 |
| sixty days during any calendar year. In the absence of a specific | 42398 |
| population count, that number shall be calculated at the rate of | 42399 |
| three individuals per service connection. | 42400 |
| (3) For the initial license required under division (A)(3) of | 42401 |
| section 6109.21 of the Revised Code for any public water system | 42402 |
| that is not a community water system and serves a transient | 42403 |
| population, and for each license renewal required for such a | 42404 |
|
system prior to January 31,
| 42405 |
| Number of wells supplying system | Fee amount | 42406 | ||||
| 1 | $112 | 42407 | ||||
| 2 | 112 | 42408 | ||||
| 3 | 176 | 42409 | ||||
| 4 | 278 | 42410 | ||||
| 5 | 568 | 42411 | ||||
| System designated as using a | 42412 | |||||
| surface water source | 792 | 42413 |
| As used in division (M)(3) of this section, "number of wells | 42414 |
| supplying system" means those wells that are physically connected | 42415 |
| to the plumbing system serving the public water system. | 42416 |
| (4) A public water system designated as using a surface water | 42417 |
| source shall pay a fee of seven hundred ninety-two dollars or the | 42418 |
| amount calculated under division (M)(1) or (2) of this section, | 42419 |
| whichever is greater. | 42420 |
| (N)(1) A person applying for a plan approval for a public | 42421 |
| water supply system under section 6109.07 of the Revised Code | 42422 |
| shall pay a fee of one hundred fifty dollars plus thirty-five | 42423 |
| hundredths of one per cent of the estimated project cost, except | 42424 |
| that the total fee shall not exceed twenty thousand dollars | 42425 |
| through June 30,
| 42426 |
| after July 1,
| 42427 |
| application is submitted. | 42428 |
| (2) A person who has entered into an agreement with the | 42429 |
| director under division (A)(2) of section 6109.07 of the Revised | 42430 |
| Code shall pay an administrative service fee for each plan | 42431 |
| submitted under that section for approval that shall not exceed | 42432 |
| the minimum amount necessary to pay administrative costs directly | 42433 |
| attributable to processing plan approvals. The director annually | 42434 |
| shall calculate the fee and shall notify all persons that have | 42435 |
| entered into agreements under that division, or who have applied | 42436 |
| for agreements, of the amount of the fee. | 42437 |
| (3) Through June 30,
| 42438 |
| survey basis, shall be charged any person for services rendered by | 42439 |
| the state in the evaluation of laboratories and laboratory | 42440 |
| personnel for compliance with accepted analytical techniques and | 42441 |
| procedures established pursuant to Chapter 6109. of the Revised | 42442 |
| Code for determining the qualitative characteristics of water: | 42443 |
| microbiological | 42444 | ||||||
| MMO-MUG | $2,000 | 42445 | |||||
| MF | 2,100 | 42446 | |||||
| MMO-MUG and MF | 2,550 | 42447 | |||||
| organic chemical | 5,400 | 42448 | |||||
| trace metals | 5,400 | 42449 | |||||
| standard chemistry | 2,800 | 42450 | |||||
| limited chemistry | 1,550 | 42451 | |||||
| On and after July 1,
| 42452 |
| survey basis, shall be charged any such person: | 42453 |
| microbiological | $ 1,650 | 42454 | ||||
| organic chemicals | 3,500 | 42455 | ||||
| trace metals | 3,500 | 42456 | ||||
| standard chemistry | 1,800 | 42457 | ||||
| limited chemistry | 1,000 | 42458 |
| The fee for those services shall be paid at the time the request | 42459 |
|
for the survey is made. Through June 30,
| 42460 |
| laboratory shall not be assessed a fee under this division more | 42461 |
| than once in any three-year period unless the person requests the | 42462 |
| addition of analytical methods or analysts, in which case the | 42463 |
| person shall pay eighteen hundred dollars for each additional | 42464 |
| survey requested. | 42465 |
| As used in division (N)(3) of this section: | 42466 |
| (a) "MF" means microfiltration. | 42467 |
| (b) "MMO" means minimal medium ONPG. | 42468 |
| (c) "MUG" means 4-methylumbelliferyl-beta-D-glucuronide. | 42469 |
| (d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside. | 42470 |
| The director shall transmit all moneys collected under this | 42471 |
| division to the treasurer of state for deposit into the drinking | 42472 |
| water protection fund created in section 6109.30 of the Revised | 42473 |
| Code. | 42474 |
| (O) Any | 42475 |
| 42476 | |
| 42477 | |
| 42478 | |
| 42479 | |
| 42480 | |
| 42481 | |
| 42482 |
| 42483 | ||||||
| 42484 | ||||||
| 42485 | ||||||
| 42486 |
| | 42487 |
| director for examination for certification as an operator of a | 42488 |
| water supply system or wastewater system under Chapter 6109. or | 42489 |
| 6111. of the Revised Code, at the time the application is | 42490 |
| submitted, shall pay an application fee of forty-five dollars | 42491 |
| through November 30, | 42492 |
| after December 1, | 42493 |
| the applicant is eligible to take the examination therefor, the | 42494 |
| applicant shall pay a fee in accordance with the following | 42495 |
| schedule through November 30, | 42496 |
| Class A operator | $35 | 42497 | ||||
| Class I operator | 60 | 42498 | ||||
| Class II operator | 75 | 42499 | ||||
| Class III operator | 85 | 42500 | ||||
| Class IV operator | 100 | 42501 |
| On and after December 1,
| 42502 |
| fee in accordance with the following schedule: | 42503 |
| Class A operator | $25 | 42504 | ||||
| Class I operator | $45 | 42505 | ||||
| Class II operator | 55 | 42506 | ||||
| Class III operator | 65 | 42507 | ||||
| Class IV operator | 75 | 42508 |
| A person shall pay a biennial certification renewal fee for | 42509 |
| each applicable class of certification in accordance with the | 42510 |
| following schedule: | 42511 |
| Class A operator | $25 | 42512 | ||||
| Class I operator | 35 | 42513 | ||||
| Class II operator | 45 | 42514 | ||||
| Class III operator | 55 | 42515 | ||||
| Class IV operator | 65 | 42516 |
| If a certification renewal fee is received by the director | 42517 |
| more than thirty days, but not more than one year after the | 42518 |
| expiration date of the certification, the person shall pay a | 42519 |
| certification renewal fee in accordance with the following | 42520 |
| schedule: | 42521 |
| Class A operator | $45 | 42522 | ||||
| Class I operator | 55 | 42523 | ||||
| Class II operator | 65 | 42524 | ||||
| Class III operator | 75 | 42525 | ||||
| Class IV operator | 85 | 42526 |
| A person who requests a replacement certificate shall pay a | 42527 |
| fee of twenty-five dollars at the time the request is made. | 42528 |
| The director shall transmit all moneys collected under this | 42529 |
| division to the treasurer of state for deposit into the drinking | 42530 |
| water protection fund created in section 6109.30 of the Revised | 42531 |
| Code. | 42532 |
| (P) Any person submitting an application for an industrial | 42533 |
| water pollution control certificate under section 6111.31 of the | 42534 |
| Revised Code, as that section existed before its repeal by H.B. 95 | 42535 |
| of the 125th general assembly, shall pay a nonrefundable fee of | 42536 |
| five hundred dollars at the time the application is submitted. The | 42537 |
| director shall transmit all moneys collected under this division | 42538 |
| to the treasurer of state for deposit into the surface water | 42539 |
| protection fund created in section 6111.038 of the Revised Code. A | 42540 |
| person paying a certificate fee under this division shall not pay | 42541 |
| an application fee under division (S)(1) of this section. On and | 42542 |
| after | 42543 |
| shall file such applications and pay the fee as required under | 42544 |
| sections 5709.20 to 5709.27 of the Revised Code, and proceeds from | 42545 |
| the fee shall be credited as provided in section 5709.212 of the | 42546 |
| Revised Code. | 42547 |
| (Q) Except as otherwise provided in division (R) of this | 42548 |
| section, a person issued a permit by the director for a new solid | 42549 |
| waste disposal facility other than an incineration or composting | 42550 |
| facility, a new infectious waste treatment facility other than an | 42551 |
| incineration facility, or a modification of such an existing | 42552 |
| facility that includes an increase in the total disposal or | 42553 |
| treatment capacity of the facility pursuant to Chapter 3734. of | 42554 |
| the Revised Code shall pay a fee of ten dollars per thousand cubic | 42555 |
| yards of disposal or treatment capacity, or one thousand dollars, | 42556 |
| whichever is greater, except that the total fee for any such | 42557 |
| permit shall not exceed eighty thousand dollars. A person issued a | 42558 |
| modification of a permit for a solid waste disposal facility or an | 42559 |
| infectious waste treatment facility that does not involve an | 42560 |
| increase in the total disposal or treatment capacity of the | 42561 |
| facility shall pay a fee of one thousand dollars. A person issued | 42562 |
| a permit to install a new, or modify an existing, solid waste | 42563 |
| transfer facility under that chapter shall pay a fee of two | 42564 |
| thousand five hundred dollars. A person issued a permit to install | 42565 |
| a new or to modify an existing solid waste incineration or | 42566 |
| composting facility, or an existing infectious waste treatment | 42567 |
| facility using incineration as its principal method of treatment, | 42568 |
| under that chapter shall pay a fee of one thousand dollars. The | 42569 |
| increases in the permit fees under this division resulting from | 42570 |
| the amendments made by Amended Substitute House Bill 592 of the | 42571 |
| 117th general assembly do not apply to any person who submitted an | 42572 |
| application for a permit to install a new, or modify an existing, | 42573 |
| solid waste disposal facility under that chapter prior to | 42574 |
| September 1, 1987; any such person shall pay the permit fee | 42575 |
| established in this division as it existed prior to June 24, 1988. | 42576 |
| In addition to the applicable permit fee under this division, a | 42577 |
| person issued a permit to install or modify a solid waste facility | 42578 |
| or an infectious waste treatment facility under that chapter who | 42579 |
| fails to pay the permit fee to the director in compliance with | 42580 |
| division (V) of this section shall pay an additional ten per cent | 42581 |
| of the amount of the fee for each week that the permit fee is | 42582 |
| late. | 42583 |
| Permit and late payment fees paid to the director under this | 42584 |
| division shall be credited to the general revenue fund. | 42585 |
| (R)(1) A person issued a registration certificate for a scrap | 42586 |
| tire collection facility under section 3734.75 of the Revised Code | 42587 |
| shall pay a fee of two hundred dollars, except that if the | 42588 |
| facility is owned or operated by a motor vehicle salvage dealer | 42589 |
| licensed under Chapter 4738. of the Revised Code, the person shall | 42590 |
| pay a fee of twenty-five dollars. | 42591 |
| (2) A person issued a registration certificate for a new | 42592 |
| scrap tire storage facility under section 3734.76 of the Revised | 42593 |
| Code shall pay a fee of three hundred dollars, except that if the | 42594 |
| facility is owned or operated by a motor vehicle salvage dealer | 42595 |
| licensed under Chapter 4738. of the Revised Code, the person shall | 42596 |
| pay a fee of twenty-five dollars. | 42597 |
| (3) A person issued a permit for a scrap tire storage | 42598 |
| facility under section 3734.76 of the Revised Code shall pay a fee | 42599 |
| of one thousand dollars, except that if the facility is owned or | 42600 |
| operated by a motor vehicle salvage dealer licensed under Chapter | 42601 |
| 4738. of the Revised Code, the person shall pay a fee of fifty | 42602 |
| dollars. | 42603 |
| (4) A person issued a permit for a scrap tire monocell or | 42604 |
| monofill facility under section 3734.77 of the Revised Code shall | 42605 |
| pay a fee of ten dollars per thousand cubic yards of disposal | 42606 |
| capacity or one thousand dollars, whichever is greater, except | 42607 |
| that the total fee for any such permit shall not exceed eighty | 42608 |
| thousand dollars. | 42609 |
| (5) A person issued a registration certificate for a scrap | 42610 |
| tire recovery facility under section 3734.78 of the Revised Code | 42611 |
| shall pay a fee of one hundred dollars. | 42612 |
| (6) A person issued a permit for a scrap tire recovery | 42613 |
| facility under section 3734.78 of the Revised Code shall pay a fee | 42614 |
| of one thousand dollars. | 42615 |
| (7) In addition to the applicable registration certificate or | 42616 |
| permit fee under divisions (R)(1) to (6) of this section, a person | 42617 |
| issued a registration certificate or permit for any such scrap | 42618 |
| tire facility who fails to pay the registration certificate or | 42619 |
| permit fee to the director in compliance with division (V) of this | 42620 |
| section shall pay an additional ten per cent of the amount of the | 42621 |
| fee for each week that the fee is late. | 42622 |
| (8) The registration certificate, permit, and late payment | 42623 |
| fees paid to the director under divisions (R)(1) to (7) of this | 42624 |
| section shall be credited to the scrap tire management fund | 42625 |
| created in section 3734.82 of the Revised Code. | 42626 |
| (S)(1) Except as provided by divisions (L), (M), (N), (O), | 42627 |
| (P), and (S)(2) of this section, division (A)(2) of section | 42628 |
| 3734.05 of the Revised Code, section 3734.79 of the Revised Code, | 42629 |
| and rules adopted under division (T)(1) of this section, any | 42630 |
| person applying for a registration certificate under section | 42631 |
| 3734.75, 3734.76, or 3734.78 of the Revised Code or a permit, | 42632 |
| variance, or plan approval under Chapter 3734. of the Revised Code | 42633 |
| shall pay a nonrefundable fee of fifteen dollars at the time the | 42634 |
| application is submitted. | 42635 |
| Except as otherwise provided, any person applying for a | 42636 |
| permit, variance, or plan approval under Chapter 6109. or 6111. of | 42637 |
| the Revised Code shall pay a nonrefundable fee of one hundred | 42638 |
| dollars at the time the application is submitted through June 30, | 42639 |
| 42640 | |
|
the
application is submitted on and after July 1,
| 42641 |
|
Through June
30,
| 42642 |
| pollutant discharge elimination system permit under Chapter 6111. | 42643 |
| of the Revised Code shall pay a nonrefundable fee of two hundred | 42644 |
| dollars at the time of application for the permit. On and after | 42645 |
|
July 1,
| 42646 |
| fifteen dollars at the time of application. | 42647 |
| In addition to the application fee established under division | 42648 |
| (S)(1) of this section, any person applying for a national | 42649 |
| pollutant discharge elimination system general storm water | 42650 |
| construction permit shall pay a nonrefundable fee of twenty | 42651 |
| dollars per acre for each acre that is permitted above five acres | 42652 |
| at the time the application is submitted. However, the per acreage | 42653 |
| fee shall not exceed three hundred dollars. In addition, any | 42654 |
| person applying for a national pollutant discharge elimination | 42655 |
| system general storm water industrial permit shall pay a | 42656 |
| nonrefundable fee of one hundred fifty dollars at the time the | 42657 |
| application is submitted. | 42658 |
| The director shall transmit all moneys collected under | 42659 |
| division (S)(1) of this section pursuant to Chapter 6109. of the | 42660 |
| Revised Code to the treasurer of state for deposit into the | 42661 |
| drinking water protection fund created in section 6109.30 of the | 42662 |
| Revised Code. | 42663 |
| The director shall transmit all moneys collected under | 42664 |
| division (S)(1) of this section pursuant to Chapter 6111. of the | 42665 |
| Revised Code to the treasurer of state for deposit into the | 42666 |
| surface water protection fund created in section 6111.038 of the | 42667 |
| Revised Code. | 42668 |
| If a registration certificate is issued under section | 42669 |
| 3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of | 42670 |
| the application fee paid shall be deducted from the amount of the | 42671 |
| registration certificate fee due under division (R)(1), (2), or | 42672 |
| (5) of this section, as applicable. | 42673 |
| If a person submits an electronic application for a | 42674 |
| registration certificate, permit, variance, or plan approval for | 42675 |
| which an application fee is established under division (S)(1) of | 42676 |
| this section, the person shall pay the applicable application fee | 42677 |
| as expeditiously as possible after the submission of the | 42678 |
| electronic application. An application for a registration | 42679 |
| certificate, permit, variance, or plan approval for which an | 42680 |
| application fee is established under division (S)(1) of this | 42681 |
| section shall not be reviewed or processed until the applicable | 42682 |
| application fee, and any other fees established under this | 42683 |
| division, are paid. | 42684 |
| (2) Division (S)(1) of this section does not apply to an | 42685 |
| application for a registration certificate for a scrap tire | 42686 |
| collection or storage facility submitted under section 3734.75 or | 42687 |
| 3734.76 of the Revised Code, as applicable, if the owner or | 42688 |
| operator of the facility or proposed facility is a motor vehicle | 42689 |
| salvage dealer licensed under Chapter 4738. of the Revised Code. | 42690 |
| (T) The director may adopt, amend, and rescind rules in | 42691 |
| accordance with Chapter 119. of the Revised Code that do all of | 42692 |
| the following: | 42693 |
| (1) Prescribe fees to be paid by applicants for and holders | 42694 |
| of any license, permit, variance, plan approval, or certification | 42695 |
| required or authorized by Chapter 3704., 3734., 6109., or 6111. of | 42696 |
| the Revised Code that are not specifically established in this | 42697 |
| section. The fees shall be designed to defray the cost of | 42698 |
| processing, issuing, revoking, modifying, denying, and enforcing | 42699 |
| the licenses, permits, variances, plan approvals, and | 42700 |
| certifications. | 42701 |
| The director shall transmit all moneys collected under rules | 42702 |
| adopted under division (T)(1) of this section pursuant to Chapter | 42703 |
| 6109. of the Revised Code to the treasurer of state for deposit | 42704 |
| into the drinking water protection fund created in section 6109.30 | 42705 |
| of the Revised Code. | 42706 |
| The director shall transmit all moneys collected under rules | 42707 |
| adopted under division (T)(1) of this section pursuant to Chapter | 42708 |
| 6111. of the Revised Code to the treasurer of state for deposit | 42709 |
| into the surface water protection fund created in section 6111.038 | 42710 |
| of the Revised Code. | 42711 |
| (2) Exempt the state and political subdivisions thereof, | 42712 |
| including education facilities or medical facilities owned by the | 42713 |
| state or a political subdivision, or any person exempted from | 42714 |
| taxation by section 5709.07 or 5709.12 of the Revised Code, from | 42715 |
| any fee required by this section; | 42716 |
| (3) Provide for the waiver of any fee, or any part thereof, | 42717 |
| otherwise required by this section whenever the director | 42718 |
| determines that the imposition of the fee would constitute an | 42719 |
| unreasonable cost of doing business for any applicant, class of | 42720 |
| applicants, or other person subject to the fee; | 42721 |
| (4) Prescribe measures that the director considers necessary | 42722 |
| to carry out this section. | 42723 |
| (U) When the director reasonably demonstrates that the direct | 42724 |
| cost to the state associated with the issuance of a permit to | 42725 |
| install, license, variance, plan approval, or certification | 42726 |
| exceeds the fee for the issuance or review specified by this | 42727 |
| section, the director may condition the issuance or review on the | 42728 |
| payment by the person receiving the issuance or review of, in | 42729 |
| addition to the fee specified by this section, the amount, or any | 42730 |
| portion thereof, in excess of the fee specified under this | 42731 |
| section. The director shall not so condition issuances for which | 42732 |
| fees are prescribed in divisions (B)(7) and (L)(1)(b) of this | 42733 |
| section. | 42734 |
| (V) Except as provided in divisions (L), (M), and (P) of this | 42735 |
| section or unless otherwise prescribed by a rule of the director | 42736 |
| adopted pursuant to Chapter 119. of the Revised Code, all fees | 42737 |
| required by this section are payable within thirty days after the | 42738 |
| issuance of an invoice for the fee by the director or the | 42739 |
| effective date of the issuance of the license, permit, variance, | 42740 |
| plan approval, or certification. If payment is late, the person | 42741 |
| responsible for payment of the fee shall pay an additional ten per | 42742 |
| cent of the amount due for each month that it is late. | 42743 |
| (W) As used in this section, "fuel-burning equipment," | 42744 |
| "fuel-burning equipment input capacity," "incinerator," | 42745 |
| "incinerator input capacity," "process," "process weight rate," | 42746 |
| "storage tank," "gasoline dispensing facility," "dry cleaning | 42747 |
| facility," "design flow discharge," and "new source treatment | 42748 |
| works" have the meanings ascribed to those terms by applicable | 42749 |
| rules or standards adopted by the director under Chapter 3704. or | 42750 |
| 6111. of the Revised Code. | 42751 |
| (X) As used in divisions (B), (C), (D), (E), (F), (H), (I), | 42752 |
| and (J) of this section, and in any other provision of this | 42753 |
| section pertaining to fees paid pursuant to Chapter 3704. of the | 42754 |
| Revised Code: | 42755 |
| (1) "Facility," "federal Clean Air Act," "person," and "Title | 42756 |
| V permit" have the same meanings as in section 3704.01 of the | 42757 |
| Revised Code. | 42758 |
| (2) "Title V permit program" means the following activities | 42759 |
| as necessary to meet the requirements of Title V of the federal | 42760 |
| Clean Air Act and 40 C.F.R. part 70, including at least: | 42761 |
| (a) Preparing and adopting, if applicable, generally | 42762 |
| applicable rules or guidance regarding the permit program or its | 42763 |
| implementation or enforcement; | 42764 |
| (b) Reviewing and acting on any application for a Title V | 42765 |
| permit, permit revision, or permit renewal, including the | 42766 |
| development of an applicable requirement as part of the processing | 42767 |
| of a permit, permit revision, or permit renewal; | 42768 |
| (c) Administering the permit program, including the | 42769 |
| supporting and tracking of permit applications, compliance | 42770 |
| certification, and related data entry; | 42771 |
| (d) Determining which sources are subject to the program and | 42772 |
| implementing and enforcing the terms of any Title V permit, not | 42773 |
| including any court actions or other formal enforcement actions; | 42774 |
| (e) Emission and ambient monitoring; | 42775 |
| (f) Modeling, analyses, or demonstrations; | 42776 |
| (g) Preparing inventories and tracking emissions; | 42777 |
| (h) Providing direct and indirect support to small business | 42778 |
| stationary sources to determine and meet their obligations under | 42779 |
| the federal Clean Air Act pursuant to the small business | 42780 |
| stationary source technical and environmental compliance | 42781 |
| assistance program required by section 507 of that act and | 42782 |
| established in sections 3704.18, 3704.19, and 3706.19 of the | 42783 |
| Revised Code. | 42784 |
| (Y)(1) Except as provided in divisions (Y)(2), (3), and (4) | 42785 |
| of this section, each sewage sludge facility shall pay a | 42786 |
| nonrefundable annual sludge fee equal to three dollars and fifty | 42787 |
| cents per dry ton of sewage sludge, including the dry tons of | 42788 |
| sewage sludge in materials derived from sewage sludge, that the | 42789 |
| sewage sludge facility treats or disposes of in this state. The | 42790 |
| annual volume of sewage sludge treated or disposed of by a sewage | 42791 |
| sludge facility shall be calculated using the first day of January | 42792 |
| through the thirty-first day of December of the calendar year | 42793 |
| preceding the date on which payment of the fee is due. | 42794 |
| (2)(a) Except as provided in division (Y)(2)(d) of this | 42795 |
| section, each sewage sludge facility shall pay a minimum annual | 42796 |
| sewage sludge fee of one hundred dollars. | 42797 |
| (b) The annual sludge fee required to be paid by a sewage | 42798 |
| sludge facility that treats or disposes of exceptional quality | 42799 |
| sludge in this state shall be thirty-five per cent less per dry | 42800 |
| ton of exceptional quality sludge than the fee assessed under | 42801 |
| division (Y)(1) of this section, subject to the following | 42802 |
| exceptions: | 42803 |
| (i) Except as provided in division (Y)(2)(d) of this section, | 42804 |
| a sewage sludge facility that treats or disposes of exceptional | 42805 |
| quality sludge shall pay a minimum annual sewage sludge fee of one | 42806 |
| hundred dollars. | 42807 |
| (ii) A sewage sludge facility that treats or disposes of | 42808 |
| exceptional quality sludge shall not be required to pay the annual | 42809 |
| sludge fee for treatment or disposal in this state of exceptional | 42810 |
| quality sludge generated outside of this state and contained in | 42811 |
| bags or other containers not greater than one hundred pounds in | 42812 |
| capacity. | 42813 |
| A thirty-five per cent reduction for exceptional quality | 42814 |
| sludge applies to the maximum annual fees established under | 42815 |
| division (Y)(3) of this section. | 42816 |
| (c) A sewage sludge facility that transfers sewage sludge to | 42817 |
| another sewage sludge facility in this state for further treatment | 42818 |
| prior to disposal in this state shall not be required to pay the | 42819 |
| annual sludge fee for the tons of sewage sludge that have been | 42820 |
| transferred. In such a case, the sewage sludge facility that | 42821 |
| disposes of the sewage sludge shall pay the annual sludge fee. | 42822 |
| However, the facility transferring the sewage sludge shall pay the | 42823 |
| one-hundred-dollar minimum fee required under division (Y)(2)(a) | 42824 |
| of this section. | 42825 |
| In the case of a sewage sludge facility that treats sewage | 42826 |
| sludge in this state and transfers it out of this state to another | 42827 |
| entity for disposal, the sewage sludge facility in this state | 42828 |
| shall be required to pay the annual sludge fee for the tons of | 42829 |
| sewage sludge that have been transferred. | 42830 |
| (d) A sewage sludge facility that generates sewage sludge | 42831 |
| resulting from an average daily discharge flow of less than five | 42832 |
| thousand gallons per day is not subject to the fees assessed under | 42833 |
| division (Y) of this section. | 42834 |
| (3) No sewage sludge facility required to pay the annual | 42835 |
| sludge fee shall be required to pay more than the maximum annual | 42836 |
| fee for each disposal method that the sewage sludge facility uses. | 42837 |
| The maximum annual fee does not include the additional amount that | 42838 |
| may be charged under division (Y)(5) of this section for late | 42839 |
| payment of the annual sludge fee. The maximum annual fee for the | 42840 |
| following methods of disposal of sewage sludge is as follows: | 42841 |
| (a) Incineration: five thousand dollars; | 42842 |
| (b) Preexisting land reclamation project or disposal in a | 42843 |
| landfill: five thousand dollars; | 42844 |
| (c) Land application, land reclamation, surface disposal, or | 42845 |
| any other disposal method not specified in division (Y)(3)(a) or | 42846 |
| (b) of this section: twenty thousand dollars. | 42847 |
| (4)(a) In the case of an entity that generates sewage sludge | 42848 |
| or a sewage sludge facility that treats sewage sludge and | 42849 |
| transfers the sewage sludge to an incineration facility for | 42850 |
| disposal, the incineration facility, and not the entity generating | 42851 |
| the sewage sludge or the sewage sludge facility treating the | 42852 |
| sewage sludge, shall pay the annual sludge fee for the tons of | 42853 |
| sewage sludge that are transferred. However, the entity or | 42854 |
| facility generating or treating the sewage sludge shall pay the | 42855 |
| one-hundred-dollar minimum fee required under division (Y)(2)(a) | 42856 |
| of this section. | 42857 |
| (b) In the case of an entity that generates sewage sludge and | 42858 |
| transfers the sewage sludge to a landfill for disposal or to a | 42859 |
| sewage sludge facility for land reclamation or surface disposal, | 42860 |
| the entity generating the sewage sludge, and not the landfill or | 42861 |
| sewage sludge facility, shall pay the annual sludge fee for the | 42862 |
| tons of sewage sludge that are transferred. | 42863 |
| (5) Not later than the first day of April of the calendar | 42864 |
| year following March 17, 2000, and each first day of April | 42865 |
| thereafter, the director shall issue invoices to persons who are | 42866 |
| required to pay the annual sludge fee. The invoice shall identify | 42867 |
| the nature and amount of the annual sludge fee assessed and state | 42868 |
| the first day of May as the deadline for receipt by the director | 42869 |
| of objections regarding the amount of the fee and the first day of | 42870 |
| July as the deadline for payment of the fee. | 42871 |
| Not later than the first day of May following receipt of an | 42872 |
| invoice, a person required to pay the annual sludge fee may submit | 42873 |
| objections to the director concerning the accuracy of information | 42874 |
| regarding the number of dry tons of sewage sludge used to | 42875 |
| calculate the amount of the annual sludge fee or regarding whether | 42876 |
| the sewage sludge qualifies for the exceptional quality sludge | 42877 |
| discount established in division (Y)(2)(b) of this section. The | 42878 |
| director may consider the objections and adjust the amount of the | 42879 |
| fee to ensure that it is accurate. | 42880 |
| If the director does not adjust the amount of the annual | 42881 |
| sludge fee in response to a person's objections, the person may | 42882 |
| appeal the director's determination in accordance with Chapter | 42883 |
| 119. of the Revised Code. | 42884 |
| Not later than the first day of June, the director shall | 42885 |
| notify the objecting person regarding whether the director has | 42886 |
| found the objections to be valid and the reasons for the finding. | 42887 |
| If the director finds the objections to be valid and adjusts the | 42888 |
| amount of the annual sludge fee accordingly, the director shall | 42889 |
| issue with the notification a new invoice to the person | 42890 |
| identifying the amount of the annual sludge fee assessed and | 42891 |
| stating the first day of July as the deadline for payment. | 42892 |
| Not later than the first day of July, any person who is | 42893 |
| required to do so shall pay the annual sludge fee. Any person who | 42894 |
| is required to pay the fee, but who fails to do so on or before | 42895 |
| that date shall pay an additional amount that equals ten per cent | 42896 |
| of the required annual sludge fee. | 42897 |
| (6) The director shall transmit all moneys collected under | 42898 |
| division (Y) of this section to the treasurer of state for deposit | 42899 |
| into the surface water protection fund created in section 6111.038 | 42900 |
| of the Revised Code. The moneys shall be used to defray the costs | 42901 |
| of administering and enforcing provisions in Chapter 6111. of the | 42902 |
| Revised Code and rules adopted under it that govern the use, | 42903 |
| storage, treatment, or disposal of sewage sludge. | 42904 |
| (7) Beginning in fiscal year 2001, and every two years | 42905 |
| thereafter, the director shall review the total amount of moneys | 42906 |
| generated by the annual sludge fees to determine if that amount | 42907 |
| exceeded six hundred thousand dollars in either of the two | 42908 |
| preceding fiscal years. If the total amount of moneys in the fund | 42909 |
| exceeded six hundred thousand dollars in either fiscal year, the | 42910 |
| director, after review of the fee structure and consultation with | 42911 |
| affected persons, shall issue an order reducing the amount of the | 42912 |
| fees levied under division (Y) of this section so that the | 42913 |
| estimated amount of moneys resulting from the fees will not exceed | 42914 |
| six hundred thousand dollars in any fiscal year. | 42915 |
| If, upon review of the fees under division (Y)(7) of this | 42916 |
| section and after the fees have been reduced, the director | 42917 |
| determines that the total amount of moneys collected and | 42918 |
| accumulated is less than six hundred thousand dollars, the | 42919 |
| director, after review of the fee structure and consultation with | 42920 |
| affected persons, may issue an order increasing the amount of the | 42921 |
| fees levied under division (Y) of this section so that the | 42922 |
| estimated amount of moneys resulting from the fees will be | 42923 |
| approximately six hundred thousand dollars. Fees shall never be | 42924 |
| increased to an amount exceeding the amount specified in division | 42925 |
| (Y)(7) of this section. | 42926 |
| Notwithstanding section 119.06 of the Revised Code, the | 42927 |
| director may issue an order under division (Y)(7) of this section | 42928 |
| without the necessity to hold an adjudicatory hearing in | 42929 |
| connection with the order. The issuance of an order under this | 42930 |
| division is not an act or action for purposes of section 3745.04 | 42931 |
| of the Revised Code. | 42932 |
| (8) As used in division (Y) of this section: | 42933 |
| (a) "Sewage sludge facility" means an entity that performs | 42934 |
| treatment on or is responsible for the disposal of sewage sludge. | 42935 |
| (b) "Sewage sludge" means a solid, semi-solid, or liquid | 42936 |
| residue generated during the treatment of domestic sewage in a | 42937 |
| treatment works as defined in section 6111.01 of the Revised Code. | 42938 |
| "Sewage sludge" includes, but is not limited to, scum or solids | 42939 |
| removed in primary, secondary, or advanced wastewater treatment | 42940 |
| processes. "Sewage sludge" does not include ash generated during | 42941 |
| the firing of sewage sludge in a sewage sludge incinerator, grit | 42942 |
| and screenings generated during preliminary treatment of domestic | 42943 |
| sewage in a treatment works, animal manure, residue generated | 42944 |
| during treatment of animal manure, or domestic septage. | 42945 |
| (c) "Exceptional quality sludge" means sewage sludge that | 42946 |
| meets all of the following qualifications: | 42947 |
| (i) Satisfies the class A pathogen standards in 40 C.F.R. | 42948 |
| 503.32(a); | 42949 |
| (ii) Satisfies one of the vector attraction reduction | 42950 |
| requirements in 40 C.F.R. 503.33(b)(1) to (b)(8); | 42951 |
| (iii) Does not exceed the ceiling concentration limitations | 42952 |
| for metals listed in table one of 40 C.F.R. 503.13; | 42953 |
| (iv) Does not exceed the concentration limitations for metals | 42954 |
| listed in table three of 40 C.F.R. 503.13. | 42955 |
| (d) "Treatment" means the preparation of sewage sludge for | 42956 |
| final use or disposal and includes, but is not limited to, | 42957 |
| thickening, stabilization, and dewatering of sewage sludge. | 42958 |
| (e) "Disposal" means the final use of sewage sludge, | 42959 |
| including, but not limited to, land application, land reclamation, | 42960 |
| surface disposal, or disposal in a landfill or an incinerator. | 42961 |
| (f) "Land application" means the spraying or spreading of | 42962 |
| sewage sludge onto the land surface, the injection of sewage | 42963 |
| sludge below the land surface, or the incorporation of sewage | 42964 |
| sludge into the soil for the purposes of conditioning the soil or | 42965 |
| fertilizing crops or vegetation grown in the soil. | 42966 |
| (g) "Land reclamation" means the returning of disturbed land | 42967 |
| to productive use. | 42968 |
| (h) "Surface disposal" means the placement of sludge on an | 42969 |
| area of land for disposal, including, but not limited to, | 42970 |
| monofills, surface impoundments, lagoons, waste piles, or | 42971 |
| dedicated disposal sites. | 42972 |
| (i) "Incinerator" means an entity that disposes of sewage | 42973 |
| sludge through the combustion of organic matter and inorganic | 42974 |
| matter in sewage sludge by high temperatures in an enclosed | 42975 |
| device. | 42976 |
| (j) "Incineration facility" includes all incinerators owned | 42977 |
| or operated by the same entity and located on a contiguous tract | 42978 |
| of land. Areas of land are considered to be contiguous even if | 42979 |
| they are separated by a public road or highway. | 42980 |
| (k) "Annual sludge fee" means the fee assessed under division | 42981 |
| (Y)(1) of this section. | 42982 |
| (l) "Landfill" means a sanitary landfill facility, as defined | 42983 |
| in rules adopted under section 3734.02 of the Revised Code, that | 42984 |
| is licensed under section 3734.05 of the Revised Code. | 42985 |
| (m) "Preexisting land reclamation project" means a | 42986 |
| property-specific land reclamation project that has been in | 42987 |
| continuous operation for not less than five years pursuant to | 42988 |
| approval of the activity by the director and includes the | 42989 |
| implementation of a community outreach program concerning the | 42990 |
| activity. | 42991 |
| Sec. 3745.114. (A) A person that applies for a section 401 | 42992 |
| water quality certification under Chapter 6111. of the Revised | 42993 |
| Code and rules adopted under it shall pay an application fee of | 42994 |
| two hundred dollars at the time of application plus any of the | 42995 |
| following fees, as applicable: | 42996 |
| (1) If the water resource to be impacted is a wetland, a | 42997 |
| review fee of five hundred dollars per acre of wetland to be | 42998 |
| impacted; | 42999 |
| (2) If the water resource to be impacted is a stream one of | 43000 |
| the following fees, as applicable: | 43001 |
| (a) For an ephemeral stream, a review fee of three dollars | 43002 |
| per linear foot of stream to be impacted, or two hundred dollars, | 43003 |
| whichever is greater; | 43004 |
| (b) For an intermittent stream, a review fee of six dollars | 43005 |
| per linear foot of stream to be impacted, or two hundred dollars, | 43006 |
| whichever is greater; | 43007 |
| (c) For a perennial stream, a review fee of ten dollars per | 43008 |
| linear foot of stream to be impacted, or two hundred dollars, | 43009 |
| whichever is greater. | 43010 |
| (3) If the water resource to be impacted is a lake, a review | 43011 |
| fee of three dollars per cubic yard of dredged or fill material to | 43012 |
| be moved. | 43013 |
| (B) One-half of all applicable review fees levied under this | 43014 |
| section shall be due at the time of application for a section 401 | 43015 |
| water quality certification. The remainder of the fees shall be | 43016 |
| paid upon the issuance of the section 401 water quality | 43017 |
| certification. The total fee to be paid under this section shall | 43018 |
| not exceed twenty-five thousand dollars per application. However, | 43019 |
| if the applicant is a county, township, or municipal corporation | 43020 |
| in this state, the total fee to be paid shall not exceed five | 43021 |
| thousand dollars per application. | 43022 |
| (C) All money collected under this section shall be | 43023 |
| transmitted to the treasurer of state for deposit into the state | 43024 |
| treasury to the credit of the surface water protection fund | 43025 |
| created in section 6111.038 of the Revised Code. | 43026 |
| (D) The fees established under this section do not apply to | 43027 |
| any state agency as defined in section 119.01 of the Revised Code. | 43028 |
| (E) The fees established under this section do not apply to | 43029 |
| projects that are authorized by the environmental protection | 43030 |
| agency's general certifications of nationwide permits or general | 43031 |
| permits issued by the United States army corps of engineers. As | 43032 |
| used in this division, "general permit" and "nationwide permit" | 43033 |
| have the same meanings as in rules adopted under Chapter 6111. of | 43034 |
| the Revised Code. | 43035 |
| (F) As used in this section: | 43036 |
| (1) "Ephemeral stream" means a stream that flows only in | 43037 |
| direct response to precipitation in the immediate watershed or in | 43038 |
| response to the melting of a cover of snow and ice and that has | 43039 |
| channel bottom that is always above the local water table. | 43040 |
| (2) "Intermittent stream" means a stream that is below the | 43041 |
| local water table and flows for at least a part of each year and | 43042 |
| that obtains its flow from both surface runoff and ground water | 43043 |
| discharge. | 43044 |
| (3) "Perennial stream" means a stream or a part of a stream | 43045 |
| that flows continuously during all of the calendar year as a | 43046 |
| result of ground water discharge or surface water runoff. | 43047 |
| "Perennial stream" does not include an intermittent stream or an | 43048 |
| ephemeral stream. | 43049 |
| Sec. 3745.12. (A) There is hereby created in the state | 43050 |
| treasury the immediate removal fund, which shall be administered | 43051 |
| by the director of environmental protection. The fund may be used | 43052 |
| for both of the following purposes: | 43053 |
| (1) To pay costs incurred by the environmental protection | 43054 |
| agency in investigating, mitigating, minimizing, removing, or | 43055 |
| abating any unauthorized spill, release, or discharge of material | 43056 |
| into or upon the environment that requires emergency action to | 43057 |
| protect the public health or safety or the environment; | 43058 |
| (2) Conducting remedial actions under section 3752.13 of the | 43059 |
| Revised Code. | 43060 |
| (B) Any person responsible for causing or allowing the | 43061 |
| unauthorized spill, release, or discharge is liable to the | 43062 |
| director for the costs incurred by the agency regardless of | 43063 |
| whether those costs were paid out of the fund created under | 43064 |
| division (A) of this section or any other fund of the agency. Upon | 43065 |
| the request of the director, the attorney general shall bring a | 43066 |
| civil action against the responsible person to recover those | 43067 |
| costs. Moneys recovered under this division shall be paid into the | 43068 |
| state treasury to the credit of the immediate removal fund, except | 43069 |
| that moneys recovered for costs paid from the hazardous waste | 43070 |
| clean-up fund created in section 3734.28 of the Revised Code shall | 43071 |
| be credited to the hazardous waste clean-up fund. | 43072 |
| Sec. 3746.04. Within one year after September 28, 1994, the | 43073 |
| director of environmental protection, in accordance with Chapter | 43074 |
| 119. of the Revised Code and with the advice of the | 43075 |
| multidisciplinary council appointed under section 3746.03 of the | 43076 |
| Revised Code, shall adopt, and subsequently may amend, suspend, or | 43077 |
| rescind, rules that do both of the following: | 43078 |
| (A) Revise the rules adopted under Chapters 3704., 3714., | 43079 |
| 3734., 6109., and 6111. of the Revised Code to incorporate the | 43080 |
| provisions necessary to conform those rules to the requirements of | 43081 |
| this chapter. The amended rules adopted under this division also | 43082 |
| shall establish response times for all submittals to the | 43083 |
| environmental protection agency required under this chapter or | 43084 |
| rules adopted under it. | 43085 |
| (B) Establish requirements and procedures that are reasonably | 43086 |
| necessary for the implementation and administration of this | 43087 |
| chapter, including, without limitation, all of the following: | 43088 |
| (1) Appropriate generic numerical clean-up standards for the | 43089 |
| treatment or removal of soils, sediments, and water media for | 43090 |
| hazardous substances and petroleum. The rules shall establish | 43091 |
| separate generic numerical clean-up standards based upon the | 43092 |
| intended use of properties after the completion of voluntary | 43093 |
| actions, including industrial, commercial, and residential uses | 43094 |
| and such other categories of land use as the director considers to | 43095 |
| be appropriate. The generic numerical clean-up standards | 43096 |
| established for each category of land use shall be the | 43097 |
| concentration of each contaminant that may be present on a | 43098 |
| property that shall ensure protection of public health and safety | 43099 |
| and the environment for the reasonable exposure for that category | 43100 |
| of land use. When developing the standards, the director shall | 43101 |
| consider such factors as all of the following: | 43102 |
| (a) Scientific information, including, without limitation, | 43103 |
| toxicological information and realistic assumptions regarding | 43104 |
| human and environmental exposure to hazardous substances or | 43105 |
| petroleum; | 43106 |
| (b) Climatic factors; | 43107 |
| (c) Human activity patterns; | 43108 |
| (d) Current statistical techniques; | 43109 |
| (e) For petroleum at industrial property, alternatives to the | 43110 |
| use of total petroleum hydrocarbons. | 43111 |
| The generic numerical clean-up standards established in the | 43112 |
| rules adopted under division (B)(1) of this section shall be | 43113 |
| consistent with and equivalent in scope, content, and coverage to | 43114 |
| any applicable standard established by federal environmental laws | 43115 |
| and regulations adopted under them, including, without limitation, | 43116 |
| the "Federal Water Pollution Control Act Amendments of 1972," 86 | 43117 |
| Stat. 886, 33 U.S.C.A. 1251, as amended; the "Resource | 43118 |
| Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. | 43119 |
| 6921, as amended; the "Toxic Substances Control Act," 90 Stat. | 43120 |
| 2003 (1976), 15 U.S.C.A. 2601, as amended; the "Comprehensive | 43121 |
| Environmental Response, Compensation, and Liability Act of 1980," | 43122 |
| 94 Stat. 2779, 42 U.S.C.A. 9601, as amended; and the "Safe | 43123 |
| Drinking Water Act," 88 Stat. 1660 (1974), 42 U.S.C.A. 300f, as | 43124 |
| amended. | 43125 |
| In order for the rules adopted under division (B)(1) of this | 43126 |
| section to require that any such federal environmental standard | 43127 |
| apply to a property, the property shall meet the requirements of | 43128 |
| the particular federal statute or regulation involved in the | 43129 |
| manner specified by the statute or regulation. | 43130 |
| The generic numerical clean-up standards for petroleum at | 43131 |
| commercial or residential property shall be the standards | 43132 |
| established in rules adopted under division (B) of section | 43133 |
| 3737.882 of the Revised Code. | 43134 |
| (2)(a) Procedures for performing property-specific risk | 43135 |
| assessments that would be performed at a property to demonstrate | 43136 |
| that the remedy evaluated in a risk assessment results in | 43137 |
| protection of public health and safety and the environment instead | 43138 |
| of complying with the generic numerical clean-up standards | 43139 |
| established in the rules adopted under division (B)(1) of this | 43140 |
| section. The risk assessment procedures shall describe a | 43141 |
| methodology to establish, on a property-specific basis, allowable | 43142 |
| levels of contamination to remain at a property to ensure | 43143 |
| protection of public health and safety and the environment on the | 43144 |
| property and off the property when the contamination is emanating | 43145 |
| off the property, taking into account all of the following: | 43146 |
| (i) The implementation of treatment, storage, or disposal, or | 43147 |
| a combination thereof, of hazardous substances or petroleum; | 43148 |
| (ii) The existence of institutional controls or activity and | 43149 |
| use limitations that eliminate or mitigate exposure to hazardous | 43150 |
| substances or petroleum through the restriction of access to | 43151 |
| hazardous substances or petroleum; | 43152 |
| (iii) The existence of engineering controls that eliminate or | 43153 |
| mitigate exposure to hazardous substances or petroleum through | 43154 |
| containment of, control of, or restrictions of access to hazardous | 43155 |
| substances or petroleum, including, without limitation, fences, | 43156 |
| cap systems, cover systems, and landscaping. | 43157 |
| (b) The risk assessment procedures and levels of acceptable | 43158 |
| risk set forth in the rules adopted under division (B)(2) of this | 43159 |
| section shall be based upon all of the following: | 43160 |
| (i) Scientific information, including, without limitation, | 43161 |
| toxicological information and actual or proposed human and | 43162 |
| environmental exposure; | 43163 |
| (ii) Locational and climatic factors; | 43164 |
| (iii) Surrounding land use and human activities; | 43165 |
| (iv) Differing levels of remediation that may be required | 43166 |
| when an existing land use is continued compared to when a | 43167 |
| different land use follows the remediation. | 43168 |
| (c) Any standards established pursuant to rules adopted under | 43169 |
| division (B)(2) of this section shall be no more stringent than | 43170 |
| standards established under the environmental statutes of this | 43171 |
| state and rules adopted under them for the same contaminant in the | 43172 |
| same environmental medium that are in effect at the time the risk | 43173 |
| assessment is conducted. | 43174 |
| (3) Minimum standards for phase I property assessments. The | 43175 |
| standards shall specify the information needed to demonstrate that | 43176 |
| there is no reason to believe that contamination exists on a | 43177 |
| property. The rules adopted under division (B)(3) of this section, | 43178 |
| at a minimum, shall require that a phase I property assessment | 43179 |
| include all of the following: | 43180 |
| (a) A review and analysis of deeds, mortgages, easements of | 43181 |
| record, and similar documents relating to the chain of title to | 43182 |
| the property that are publicly available or that are known to and | 43183 |
| reasonably available to the owner or operator; | 43184 |
| (b) A review and analysis of any previous environmental | 43185 |
| assessments, property assessments, environmental studies, or | 43186 |
| geologic studies of the property and any land within two thousand | 43187 |
| feet of the boundaries of the property that are publicly available | 43188 |
| or that are known to and reasonably available to the owner or | 43189 |
| operator; | 43190 |
| (c) A review of current and past environmental compliance | 43191 |
| histories of persons who owned or operated the property; | 43192 |
| (d) A review of aerial photographs of the property that | 43193 |
| indicate prior uses of the property; | 43194 |
| (e) Interviews with managers of activities conducted at the | 43195 |
| property who have knowledge of environmental conditions at the | 43196 |
| property; | 43197 |
| (f) Conducting an inspection of the property consisting of a | 43198 |
| walkover; | 43199 |
| (g) Identifying the current and past uses of the property, | 43200 |
| adjoining tracts of land, and the area surrounding the property, | 43201 |
| including, without limitation, interviews with persons who reside | 43202 |
| or have resided, or who are or were employed, within the area | 43203 |
| surrounding the property regarding the current and past uses of | 43204 |
| the property and adjacent tracts of land. | 43205 |
| The rules adopted under division (B)(3) of this section shall | 43206 |
| establish criteria to determine when a phase II property | 43207 |
| assessment shall be conducted when a phase I property assessment | 43208 |
| reveals facts that establish a reason to believe that hazardous | 43209 |
| substances or petroleum have been treated, stored, managed, or | 43210 |
| disposed of on the property if the person undertaking the phase I | 43211 |
| property assessment wishes to obtain a covenant not to sue under | 43212 |
| section 3746.12 of the Revised Code. | 43213 |
| (4) Minimum standards for phase II property assessments. The | 43214 |
| standards shall specify the information needed to demonstrate that | 43215 |
| any contamination present at the property does not exceed | 43216 |
| applicable standards or that the remedial activities conducted at | 43217 |
| the property have achieved compliance with applicable standards. | 43218 |
| The rules adopted under division (B)(4) of this section, at a | 43219 |
| minimum, shall require that a phase II property assessment include | 43220 |
| all of the following: | 43221 |
| (a) A review and analysis of all documentation prepared in | 43222 |
| connection with a phase I property assessment conducted within the | 43223 |
| one hundred eighty days before the phase II property assessment | 43224 |
| begins. The rules adopted under division (B)(4)(a) of this section | 43225 |
| shall require that if a period of more than one hundred eighty | 43226 |
| days has passed between the time that the phase I assessment of | 43227 |
| the property was completed and the phase II assessment begins, the | 43228 |
| phase II assessment shall include a reasonable inquiry into the | 43229 |
| change in the environmental condition of the property during the | 43230 |
| intervening period. | 43231 |
| (b) Quality assurance objectives for measurements taken in | 43232 |
| connection with a phase II assessment; | 43233 |
| (c) Sampling procedures to ensure the representative sampling | 43234 |
| of potentially contaminated environmental media; | 43235 |
| (d) Quality assurance and quality control requirements for | 43236 |
| samples collected in connection with phase II assessments; | 43237 |
| (e) Analytical and data assessment procedures; | 43238 |
| (f) Data objectives to ensure that samples collected in | 43239 |
| connection with phase II assessments are biased toward areas where | 43240 |
| information indicates that contamination by hazardous substances | 43241 |
| or petroleum is likely to exist. | 43242 |
| (5) Standards governing the conduct of certified | 43243 |
| professionals, criteria and procedures for the certification of | 43244 |
| professionals to issue no further action letters under section | 43245 |
| 3746.11 of the Revised Code, and criteria for the suspension and | 43246 |
| revocation of those certifications. The director shall take an | 43247 |
| action regarding a certification as a final action. The issuance, | 43248 |
| denial, renewal, suspension, and revocation of those | 43249 |
| certifications are subject to Chapter 3745. of the Revised Code, | 43250 |
| 43251 | |
| 43252 | |
| an action regarding a certification in a newspaper of general | 43253 |
| circulation as required in section 3745.07 of the Revised Code, | 43254 |
| such an action shall be published on the environmental protection | 43255 |
| agency's web site and in the agency's weekly review not later than | 43256 |
| fifteen days after the date of the issuance, denial, renewal, | 43257 |
| suspension, or revocation of the certification and not later than | 43258 |
| thirty days before a hearing or public meeting concerning the | 43259 |
| action. | 43260 |
| The rules adopted under division (B)(5) of this section shall | 43261 |
| do all of the following: | 43262 |
| (a) Provide for the certification of environmental | 43263 |
| professionals to issue no further action letters pertaining to | 43264 |
| investigations and remedies in accordance with the criteria and | 43265 |
| procedures set forth in the rules. The rules adopted under | 43266 |
| division (B)(5)(a) of this section shall do at least all of the | 43267 |
| following: | 43268 |
| (i) Authorize the director to consider such factors as an | 43269 |
| environmental professional's previous performance record regarding | 43270 |
| such investigations and remedies and the environmental | 43271 |
| professional's environmental compliance history when determining | 43272 |
| whether to certify the environmental professional; | 43273 |
| (ii) Ensure that an application for certification is reviewed | 43274 |
| in a timely manner; | 43275 |
| (iii) Require the director to certify any environmental | 43276 |
| professional who the director determines complies with those | 43277 |
| criteria; | 43278 |
| (iv) Require the director to deny certification for any | 43279 |
| environmental professional who does not comply with those | 43280 |
| criteria. | 43281 |
| (b) Establish an annual fee to be paid by environmental | 43282 |
| professionals certified pursuant to the rules adopted under | 43283 |
| division (B)(5)(a) of this section. The fee shall be established | 43284 |
|
at an amount calculated to defray the costs to the | 43285 |
| 43286 | |
| of environmental professionals for certification and for the | 43287 |
| issuance of the certifications. | 43288 |
| (c) Develop a schedule for and establish requirements | 43289 |
| governing the review by the director of the credentials of | 43290 |
| environmental professionals who were deemed to be certified | 43291 |
| professionals under division (D) of section 3746.07 of the Revised | 43292 |
| Code in order to determine if they comply with the criteria | 43293 |
| established in rules adopted under division (B)(5) of this | 43294 |
| section. The rules adopted under division (B)(5)(c) of this | 43295 |
| section shall do at least all of the following: | 43296 |
| (i) Ensure that the review is conducted in a timely fashion; | 43297 |
| (ii) Require the director to certify any such environmental | 43298 |
| professional who the director determines complies with those | 43299 |
| criteria; | 43300 |
| (iii) Require any such environmental professional initially | 43301 |
| to pay the fee established in the rules adopted under division | 43302 |
| (B)(5)(b) of this section at the time that the environmental | 43303 |
| professional is so certified by the director; | 43304 |
| (iv) Establish a time period within which any such | 43305 |
| environmental professional who does not comply with those criteria | 43306 |
| may obtain the credentials that are necessary for certification; | 43307 |
| (v) Require the director to deny certification for any such | 43308 |
| environmental professional who does not comply with those criteria | 43309 |
| and who fails to obtain the necessary credentials within the | 43310 |
| established time period. | 43311 |
| (d) Require that any information submitted to the director | 43312 |
| for the purposes of the rules adopted under division (B)(5)(a) or | 43313 |
| (c) of this section comply with division (A) of section 3746.20 of | 43314 |
| the Revised Code; | 43315 |
| (e) Authorize the director to suspend or revoke the | 43316 |
| certification of an environmental professional if the director | 43317 |
| finds that the environmental professional's performance has | 43318 |
| resulted in the issuance of no further action letters under | 43319 |
| section 3746.11 of the Revised Code that are not consistent with | 43320 |
| applicable standards or finds that the certified environmental | 43321 |
| professional has not substantially complied with section 3746.31 | 43322 |
| of the Revised Code; | 43323 |
| (f) Authorize the director to suspend for a period of not | 43324 |
| more than five years or to permanently revoke a certified | 43325 |
| environmental professional's certification for any violation of or | 43326 |
| failure to comply with an ethical standard established in rules | 43327 |
| adopted
under division (B)(5) of this section | 43328 |
| (g) Require the director to revoke the certification of an | 43329 |
| environmental professional if the director finds that the | 43330 |
| environmental professional falsified any information on the | 43331 |
| environmental professional's application for certification | 43332 |
| regarding the environmental professional's credentials or | 43333 |
| qualifications or any other information generated for the purposes | 43334 |
| of or use under this chapter or rules adopted under it; | 43335 |
| (h) Require the director permanently to revoke the | 43336 |
| certification of an environmental professional who has violated or | 43337 |
| is violating division (A) of section 3746.18 of the Revised Code; | 43338 |
| (i) Preclude the director from revoking the certification of | 43339 |
| an environmental professional who only conducts investigations and | 43340 |
| remedies at property contaminated solely with petroleum unless the | 43341 |
| director first consults with the director of commerce. | 43342 |
| (6) Criteria and procedures for the certification of | 43343 |
| laboratories to perform analyses under this chapter and rules | 43344 |
| adopted under it. The issuance, denial, suspension, and revocation | 43345 |
| of those certifications are subject to Chapter 3745. of the | 43346 |
| Revised Code, and the director of environmental protection shall | 43347 |
| take any such action regarding a certification as a final action. | 43348 |
| The rules adopted under division (B)(6) of this section shall | 43349 |
| do all of the following: | 43350 |
| (a) Provide for the certification to perform analyses of | 43351 |
| laboratories in accordance with the criteria and procedures | 43352 |
| established in the rules adopted under division (B)(6)(a) of this | 43353 |
| section and establish an annual fee to be paid by those | 43354 |
| laboratories. The fee shall be established at an amount calculated | 43355 |
| to defray the costs to the agency for the review of the | 43356 |
| qualifications of those laboratories for certification and for the | 43357 |
| issuance of the certifications. The rules adopted under division | 43358 |
| (B)(6)(a) of this section may provide for the certification of | 43359 |
| those laboratories to perform only particular types or categories | 43360 |
| of analyses, specific test parameters or group of test parameters, | 43361 |
| or a specific matrix or matrices under this chapter. | 43362 |
| (b) Develop a schedule for and establish requirements | 43363 |
| governing the review by the director of the operations of | 43364 |
| laboratories that were deemed to be certified laboratories under | 43365 |
| division (E) of section 3746.07 of the Revised Code in order to | 43366 |
| determine if they comply with the criteria established in rules | 43367 |
| adopted under division (B)(6) of this section. The rules adopted | 43368 |
| under division (B)(6)(b) of this section shall do at least all of | 43369 |
| the following: | 43370 |
| (i) Ensure that the review is conducted in a timely fashion; | 43371 |
| (ii) Require the director to certify any such laboratory that | 43372 |
| the director determines complies with those criteria; | 43373 |
| (iii) Require any such laboratory initially to pay the fee | 43374 |
| established in the rules adopted under division (B)(6)(a) of this | 43375 |
| section at the time that the laboratory is so certified by the | 43376 |
| director; | 43377 |
| (iv) Establish a time period within which any such laboratory | 43378 |
| that does not comply with those criteria may make changes in its | 43379 |
| operations necessary for the performance of analyses under this | 43380 |
| chapter and rules adopted under it in order to be certified by the | 43381 |
| director; | 43382 |
| (v) Require the director to deny certification for any such | 43383 |
| laboratory that does not comply with those criteria and that fails | 43384 |
| to make the necessary changes in its operations within the | 43385 |
| established time period. | 43386 |
| (c) Require that any information submitted to the director | 43387 |
| for the purposes of the rules adopted under division (B)(6)(a) or | 43388 |
| (b) of this section comply with division (A) of section 3746.20 of | 43389 |
| the Revised Code; | 43390 |
| (d) Authorize the director to suspend or revoke the | 43391 |
| certification of a laboratory if the director finds that the | 43392 |
| laboratory's performance has resulted in the issuance of no | 43393 |
| further action letters under section 3746.11 of the Revised Code | 43394 |
| that are not consistent with applicable standards; | 43395 |
| (e) Authorize the director to suspend or revoke the | 43396 |
| certification of a laboratory if the director finds that the | 43397 |
| laboratory falsified any information on its application for | 43398 |
| certification regarding its credentials or qualifications; | 43399 |
| (f) Require the director permanently to revoke the | 43400 |
| certification of a laboratory that has violated or is violating | 43401 |
| division (A) of section 3746.18 of the Revised Code. | 43402 |
| (7) Information to be included in a no further action letter | 43403 |
| prepared under section 3746.11 of the Revised Code, including, | 43404 |
| without limitation, all of the following: | 43405 |
| (a) A summary of the information required to be submitted to | 43406 |
| the certified environmental professional preparing the no further | 43407 |
| action letter under division (C) of section 3746.10 of the Revised | 43408 |
| Code; | 43409 |
| (b) Notification that a risk assessment was performed in | 43410 |
| accordance with rules adopted under division (B)(2) of this | 43411 |
| section if such an assessment was used in lieu of generic | 43412 |
| numerical clean-up standards established in rules adopted under | 43413 |
| division (B)(1) of this section; | 43414 |
| (c) The contaminants addressed at the property, if any, their | 43415 |
| source, if known, and their levels prior to remediation; | 43416 |
| (d) The identity of any other person who performed work to | 43417 |
| support the request for the no further action letter as provided | 43418 |
| in division (B)(2) of section 3746.10 of the Revised Code and the | 43419 |
| nature and scope of the work performed by that person; | 43420 |
| (e) A list of the data, information, records, and documents | 43421 |
| relied upon by the certified environmental professional in | 43422 |
| preparing the no further action letter. | 43423 |
| (8) Methods for determining fees to be paid for the following | 43424 |
| services provided by the agency under this chapter and rules | 43425 |
| adopted under it: | 43426 |
| (a) Site- or property-specific technical assistance in | 43427 |
| developing or implementing plans in connection with a voluntary | 43428 |
| action; | 43429 |
| (b) Reviewing applications for and issuing consolidated | 43430 |
| standards permits under section 3746.15 of the Revised Code and | 43431 |
| monitoring compliance with those permits; | 43432 |
| (c) Negotiating, preparing, and entering into agreements | 43433 |
| necessary for the implementation and administration of this | 43434 |
| chapter and rules adopted under it; | 43435 |
| (d) Reviewing no further action letters, issuing covenants | 43436 |
| not to sue, and monitoring compliance with any terms and | 43437 |
| conditions of those covenants and with operation and maintenance | 43438 |
| agreements entered into pursuant to those covenants, including, | 43439 |
| without limitation, conducting audits of properties where | 43440 |
| voluntary actions are being or were conducted under this chapter | 43441 |
| and rules adopted under it. | 43442 |
| The fees established pursuant to the rules adopted under | 43443 |
| division (B)(8) of this section shall be at a level sufficient to | 43444 |
| defray the direct and indirect costs incurred by the agency for | 43445 |
| the administration and enforcement of this chapter and rules | 43446 |
| adopted under it other than the provisions regarding the | 43447 |
| certification of professionals and laboratories. | 43448 |
| (9) Criteria for selecting the no further action letters | 43449 |
| issued under section 3746.11 of the Revised Code that will be | 43450 |
| audited under section 3746.17 of the Revised Code, and the scope | 43451 |
| and procedures for conducting those audits. The rules adopted | 43452 |
| under division (B)(9) of this section, at a minimum, shall require | 43453 |
| the director to establish priorities for auditing no further | 43454 |
| action letters to which any of the following applies: | 43455 |
| (a) The letter was prepared by an environmental professional | 43456 |
| who was deemed to be a certified professional under division (D) | 43457 |
| of section 3746.07 of the Revised Code, but who does not comply | 43458 |
| with the criteria established in rules adopted under division | 43459 |
| (B)(5) of this section as determined pursuant to rules adopted | 43460 |
| under division (B)(5)(d) of this section | 43461 |
| (b) The letter was submitted fraudulently | 43462 |
| (c) The letter was prepared by a certified environmental | 43463 |
| professional whose certification subsequently was revoked in | 43464 |
| accordance with rules adopted under division (B)(5) of this | 43465 |
| section, or analyses were performed for the purposes of the no | 43466 |
| further action letter by a certified laboratory whose | 43467 |
| certification subsequently was revoked in accordance with rules | 43468 |
| adopted under division (B)(6) of
this section | 43469 |
| (d) A covenant not to sue that was issued pursuant to the | 43470 |
|
letter was revoked under this chapter | 43471 |
| (e) The letter was for a voluntary action that was conducted | 43472 |
| pursuant to a risk assessment in accordance with rules adopted | 43473 |
| under division (B)(2) of this section | 43474 |
| (f) The letter was for a voluntary action that included as | 43475 |
| remedial activities engineering controls or institutional controls | 43476 |
| or activity and use limitations authorized under section 3746.05 | 43477 |
| of the Revised Code. | 43478 |
| The rules adopted under division (B)(9) of this section shall | 43479 |
| provide for random audits of no further action letters to which | 43480 |
| the rules adopted under divisions (B)(9)(a) to (f) of this section | 43481 |
| do not apply. | 43482 |
| (10) A classification system to characterize ground water | 43483 |
| according to its capability to be used for human use and its | 43484 |
| impact on the environment and a methodology that shall be used to | 43485 |
| determine when ground water that has become contaminated from | 43486 |
| sources on a property for which a covenant not to sue is requested | 43487 |
| under section 3746.11 of the Revised Code shall be remediated to | 43488 |
| the standards established in the rules adopted under division | 43489 |
| (B)(1) or (2) of this section. | 43490 |
| (a) In adopting rules under division (B)(10) of this section | 43491 |
| to characterize ground water according to its capability for human | 43492 |
| use, the director shall consider all of the following: | 43493 |
| (i) The presence of legally enforceable, reliable | 43494 |
| restrictions on the use of ground water, including, without | 43495 |
| limitation, local rules or ordinances; | 43496 |
| (ii) The presence of regional commingled contamination from | 43497 |
| multiple sources that diminishes the quality of ground water; | 43498 |
| (iii) The natural quality of ground water; | 43499 |
| (iv) Regional availability of ground water and reasonable | 43500 |
| alternative sources of drinking water; | 43501 |
| (v) The productivity of the aquifer; | 43502 |
| (vi) The presence of restrictions on the use of ground water | 43503 |
| implemented under this chapter and rules adopted under it; | 43504 |
| (vii) The existing use of ground water. | 43505 |
| (b) In adopting rules under division (B)(10) of this section | 43506 |
| to characterize ground water according to its impacts on the | 43507 |
| environment, the director shall consider both of the following: | 43508 |
| (i) The risks posed to humans, fauna, surface water, | 43509 |
| sediments, soil, air, and other resources by the continuing | 43510 |
| presence of contaminated ground water; | 43511 |
| (ii) The availability and feasibility of technology to remedy | 43512 |
| ground water contamination. | 43513 |
| (11) Governing the application for and issuance of variances | 43514 |
| under section 3746.09 of the Revised Code; | 43515 |
| (12)(a) In the case of voluntary actions involving | 43516 |
| contaminated ground water, specifying the circumstances under | 43517 |
| which the generic numerical clean-up standards established in | 43518 |
| rules adopted under division (B)(1) of this section and standards | 43519 |
| established through a risk assessment conducted pursuant to rules | 43520 |
| adopted under division (B)(2) of this section shall be | 43521 |
| inapplicable to the remediation of contaminated ground water and | 43522 |
| under which the standards for remediating contaminated ground | 43523 |
| water shall be established on a case-by-case basis prior to the | 43524 |
| commencement of the voluntary action pursuant to rules adopted | 43525 |
| under division (B)(12)(b) of this section; | 43526 |
| (b) Criteria and procedures for the case-by-case | 43527 |
| establishment of standards for the remediation of contaminated | 43528 |
| ground water under circumstances in which the use of the generic | 43529 |
| numerical clean-up standards and standards established through a | 43530 |
| risk assessment are precluded by the rules adopted under division | 43531 |
| (B)(12)(a) of this section. The rules governing the procedures for | 43532 |
| the case-by-case development of standards for the remediation of | 43533 |
| contaminated ground water shall establish application, public | 43534 |
| participation, adjudication, and appeals requirements and | 43535 |
| procedures that are equivalent to the requirements and procedures | 43536 |
| established in section 3746.09 of the Revised Code and rules | 43537 |
| adopted under division (B)(11) of this section, except that the | 43538 |
| procedural rules shall not require an applicant to make the | 43539 |
| demonstrations set forth in divisions (A)(1) to (3) of section | 43540 |
| 3746.09 of the Revised Code. | 43541 |
| (13) A definition of the evidence that constitutes sufficient | 43542 |
| evidence for the purpose of division (A)(5) of section 3746.02 of | 43543 |
| the Revised Code. | 43544 |
| At least thirty days before filing the proposed rules | 43545 |
| required to be adopted under this section with the secretary of | 43546 |
| state, director of the legislative service commission, and joint | 43547 |
| committee on agency rule review in accordance with divisions (B) | 43548 |
| and (H) of section 119.03 of the Revised Code, the director of | 43549 |
| environmental protection shall hold at least one public meeting on | 43550 |
| the proposed rules in each of the five districts into which the | 43551 |
| agency has divided the state for administrative purposes. | 43552 |
| Sec. 3746.071. (A) As used in this section, "certified | 43553 |
| professional" means a certified professional deemed to be | 43554 |
| certified under division (D) of section 3746.07 of the Revised | 43555 |
| Code. | 43556 |
| (B) A certified professional shall do all of the following: | 43557 |
| (1) Protect the safety, health, and welfare of the public in | 43558 |
| the performance of | 43559 |
| arises where the certified professional faces a situation where | 43560 |
| the safety, health, or welfare of the public would not be | 43561 |
|
protected, | 43562 |
| following: | 43563 |
| (a) Sever | 43564 |
| professional's employer or client; | 43565 |
| (b) Refuse to accept responsibility for the design, report, | 43566 |
| or statement involved; | 43567 |
| (c) Notify the director of environmental protection if, in | 43568 |
| the opinion of the certified professional, the situation is | 43569 |
| sufficiently important. | 43570 |
| (2) Undertake to perform assignments only when | 43571 |
| certified
professional or | 43572 |
| consulting support is qualified by training and experience in the | 43573 |
| specific technical fields involved; | 43574 |
| (3) Be completely objective in any professional report, | 43575 |
|
statement, or testimony. | 43576 |
| include all relevant and pertinent information in the report, | 43577 |
| statement, or testimony when the result of an omission would or | 43578 |
| reasonably could lead to a fallacious conclusion. | 43579 |
| (4) Express an opinion as a technical or expert witness | 43580 |
| before any court, commission, or other tribunal only when it is | 43581 |
| founded upon adequate knowledge of the facts in issue, upon a | 43582 |
| background of technical competence in the subject matter, and upon | 43583 |
| honest conviction of the accuracy and propriety of | 43584 |
| testimony. | 43585 |
| (C) A certified professional shall not issue statements, | 43586 |
| criticisms, or arguments on matters connected with public policy | 43587 |
|
that are inspired or paid for by an interested party, unless | 43588 |
| the
certified professional has prefaced | 43589 |
|
explicitly identifying | 43590 |
| disclosing the identity
of the parties on whose behalf | 43591 |
| certified professional is speaking, and by revealing the existence | 43592 |
| of any pecuniary interest | 43593 |
| in the instant matters. | 43594 |
| (D)(1) A certified professional shall conscientiously avoid | 43595 |
| any conflict of interest with | 43596 |
| employer or client. | 43597 |
| (2) A certified professional promptly shall inform | 43598 |
| certified professional's employer or client of any business | 43599 |
| association,
interests, or circumstances that could influence | 43600 |
| the certified
professional's judgment or the quality of | 43601 |
| certified
professional's service to | 43602 |
| (3) A certified professional shall not accept compensation, | 43603 |
| financial or otherwise, from more than one party for services on | 43604 |
| or pertaining to the same project, unless the circumstances are | 43605 |
| fully disclosed to, and agreed to, by all interested parties or | 43606 |
| their duly authorized agents. | 43607 |
| (4) A certified professional shall not solicit or accept | 43608 |
| financial or other valuable considerations from material or | 43609 |
| equipment suppliers for specifying their products. | 43610 |
| (5) A certified professional shall not solicit or accept | 43611 |
| gratuities, directly or indirectly, from contractors, their | 43612 |
|
agents, or other parties dealing directly with | 43613 |
| professional's employer or client in connection with the work for | 43614 |
| which
| 43615 |
| (E)(1) A certified professional shall not pay, solicit, or | 43616 |
| offer, directly or indirectly, any bribe or commission for | 43617 |
|
professional employment with the exception of | 43618 |
| usual commission for securing salaried positions through licensed | 43619 |
| employment agencies. | 43620 |
| (2) A certified professional shall seek professional | 43621 |
| employment on the basis of qualification and competence for proper | 43622 |
| accomplishment of the work. A certified professional may submit | 43623 |
| proposed fee information prior to | 43624 |
| certified professional under this chapter and rules adopted under | 43625 |
| it. | 43626 |
| (3) A certified professional shall not falsify or permit | 43627 |
|
misrepresentation of | 43628 |
| certified professional's associates' academic or professional | 43629 |
| qualifications. | 43630 |
| misrepresent or exaggerate | 43631 |
| of responsibility in or for the subject matter of prior | 43632 |
| assignments. | 43633 |
| (4) Brochures or other presentations incident to the | 43634 |
| solicitation of employment by a certified professional shall not | 43635 |
|
misrepresent pertinent facts concerning | 43636 |
| professional's employers, employees, associates, or joint | 43637 |
| ventures, or
| 43638 |
|
with the intent and purpose of enhancing | 43639 |
|
professional's qualifications for | 43640 |
| work. | 43641 |
| (F)(1) A certified professional shall not sign or seal | 43642 |
|
professional work for which | 43643 |
| have personal professional knowledge and direct supervisory | 43644 |
| control and responsibility. | 43645 |
| (2) A certified professional shall not knowingly associate | 43646 |
|
with, or permit the use of | 43647 |
|
name or | 43648 |
| in, a business venture by any person or firm that | 43649 |
| professional knows, or has reason to believe, is engaging in | 43650 |
| business or professional practices of a fraudulent or dishonest | 43651 |
| nature. | 43652 |
| (3) If a certified professional has knowledge or reason to | 43653 |
| believe that another person or firm has violated any of the | 43654 |
|
provisions of this chapter or any requirement of this section, | 43655 |
| the certified professional shall present the information to the | 43656 |
| director in writing. | 43657 |
| (G) The director, in accordance with | 43658 |
| adopted under section 3746.04 of the Revised Code, may suspend for | 43659 |
| a period of not more than five years or permanently revoke a | 43660 |
| certified professional's certification for a violation of or | 43661 |
| failure to comply with any requirement or obligation set forth in | 43662 |
| this section. | 43663 |
| Sec. 3748.07. (A) Every facility that proposes to handle | 43664 |
| radioactive material or radiation-generating equipment for which | 43665 |
| licensure or registration, respectively, by its handler is | 43666 |
| required shall apply in writing to the director of health on forms | 43667 |
| prescribed and provided by the director for licensure or | 43668 |
| registration. Terms and conditions of licenses and certificates of | 43669 |
| registration may be amended in accordance with rules adopted under | 43670 |
| section 3748.04 of the Revised Code or orders issued by the | 43671 |
| director pursuant to section 3748.05 of the Revised Code. | 43672 |
| (B) Until rules are adopted under section 3748.04 of the | 43673 |
| Revised Code, an application for a certificate of registration | 43674 |
| shall be accompanied by a biennial registration fee of two hundred | 43675 |
| eighteen dollars. On and after the effective date of those rules, | 43676 |
| an applicant for a license, registration certificate, or renewal | 43677 |
| of either shall pay the appropriate fee established in those | 43678 |
| rules. | 43679 |
| All fees collected under this section shall be deposited in | 43680 |
| the state treasury to the credit of the general operations fund | 43681 |
| created in section 3701.83 of the Revised Code. The fees shall be | 43682 |
| used solely to administer and enforce this chapter and rules | 43683 |
| adopted under it. | 43684 |
| Any fee required under this section that has not been paid | 43685 |
| within ninety days after the invoice date shall be assessed at two | 43686 |
| times the original invoiced fee. Any fee that has not been paid | 43687 |
| within one hundred eighty days after the invoice date shall be | 43688 |
| assessed at five times the original invoiced fee. | 43689 |
| (C) The director shall grant a license or registration to any | 43690 |
| applicant who has paid the required fee and is in compliance with | 43691 |
| this chapter and rules adopted under it. | 43692 |
| Until rules are adopted under section 3748.04 of the Revised | 43693 |
| Code, certificates of registration shall be effective for two | 43694 |
| years from the date of issuance. On and after the effective date | 43695 |
| of those rules, licenses and certificates of registration shall be | 43696 |
| effective for the applicable period established in those rules. | 43697 |
| Licenses and certificates of registration shall be renewed in | 43698 |
| accordance with the standard renewal procedure established in | 43699 |
| Chapter 4745. of the Revised Code. | 43700 |
| Sec. 3748.13. (A) The director of health shall inspect | 43701 |
| sources of radiation for which licensure or registration by the | 43702 |
| handler is required, and the sources' shielding and surroundings, | 43703 |
| according to the schedule established in rules adopted under | 43704 |
| division (D) of section 3748.04 of the Revised Code. In accordance | 43705 |
| with rules adopted under that section, the director shall inspect | 43706 |
| all records and operating procedures of handlers that install | 43707 |
| sources of radiation and all sources of radiation for which | 43708 |
| licensure of radioactive material or registration of | 43709 |
| radiation-generating equipment by the handler is required. The | 43710 |
| director may make other inspections upon receiving complaints or | 43711 |
| other evidence of violation of this chapter or rules adopted under | 43712 |
| it. | 43713 |
| The director shall require any hospital registered under | 43714 |
| division (A) of section 3701.07 of the Revised Code to develop and | 43715 |
| maintain a quality assurance program for all sources of | 43716 |
| radiation-generating equipment. A certified radiation expert shall | 43717 |
| conduct oversight and maintenance of the program and shall file a | 43718 |
| report of audits of the program with the director on forms | 43719 |
| prescribed by the director. The audit reports shall become part of | 43720 |
| the inspection record. | 43721 |
| (B) Until rules are adopted under division (A)(8) of section | 43722 |
| 3748.04 of the Revised Code, a facility shall pay inspection fees | 43723 |
| according to the following schedule and categories: | 43724 |
| First dental x-ray tube | $ |
43725 | |||
| Each additional dental x-ray tube at the same location | $ |
43726 | |||
| First medical x-ray tube | $ |
43727 | |||
| Each additional medical x-ray tube at the same location | $ |
43728 | |||
| Each unit of ionizing radiation-generating equipment capable of operating at or above 250 kilovoltage peak | $ |
43729 | |||
| First nonionizing radiation-generating equipment of any kind | $ |
43730 | |||
| Each additional nonionizing radiation-generating equipment of any kind at the same location | $ |
43731 | |||
| Assembler-maintainer inspection consisting of an inspection of records and operating procedures of handlers that install sources of radiation | $ |
43732 |
| Until rules are adopted under division (A)(8) of section | 43733 |
| 3748.04 of the Revised Code, the fee for an inspection to | 43734 |
| determine whether violations cited in a previous inspection have | 43735 |
| been corrected is fifty per cent of the fee applicable under the | 43736 |
| schedule in this division. Until those rules are adopted, the fee | 43737 |
| for the inspection of a facility that is not licensed or | 43738 |
| registered and for which no license or registration application is | 43739 |
|
pending at the time of inspection is three hundred
| 43740 |
| ninety-five dollars plus the fee applicable under the schedule in | 43741 |
| this division. | 43742 |
| The director may conduct a review of shielding plans or the | 43743 |
| adequacy of shielding on the request of a licensee or registrant | 43744 |
| or an applicant for licensure or registration or during an | 43745 |
| inspection when the director considers a review to be necessary. | 43746 |
| Until rules are adopted under division (A)(8) of section 3748.04 | 43747 |
| of the Revised Code,
the fee for the review is | 43748 |
| 43749 | |
| radiation is used and is in addition to any other fee applicable | 43750 |
| under the schedule in this division. | 43751 |
| All fees shall be paid to the department of health no later | 43752 |
| than thirty days after the invoice for the fee is mailed. Fees | 43753 |
| shall be deposited in the general operations fund created in | 43754 |
| section 3701.83 of the Revised Code. The fees shall be used solely | 43755 |
| to administer and enforce this chapter and rules adopted under it. | 43756 |
| Any fee required under this section that has not been paid | 43757 |
| within ninety days after the invoice date shall be assessed at two | 43758 |
| times the original invoiced fee. Any fee that has not been paid | 43759 |
| within one hundred eighty days after the invoice date shall be | 43760 |
| assessed at five times the original invoiced fee. | 43761 |
| (C) If the director determines that a board of health of a | 43762 |
| city or general health district is qualified to conduct | 43763 |
| inspections of radiation-generating equipment, the director may | 43764 |
| delegate to the board, by contract, the authority to conduct such | 43765 |
| inspections. In making a determination of the qualifications of a | 43766 |
| board of health to conduct those inspections, the director shall | 43767 |
| evaluate the credentials of the individuals who are to conduct the | 43768 |
| inspections of radiation-generating equipment and the radiation | 43769 |
| detection and measuring equipment available to them for that | 43770 |
| purpose. If a contract is entered into, the board shall have the | 43771 |
| same authority to make inspections of radiation-generating | 43772 |
| equipment as the director has under this chapter and rules adopted | 43773 |
| under it. The contract shall stipulate that only individuals | 43774 |
| approved by the director as qualified shall be permitted to | 43775 |
| inspect radiation-generating equipment under the contract's | 43776 |
| provisions. The contract shall provide for such compensation for | 43777 |
| services as is agreed to by the director and the board of health | 43778 |
| of the contracting health district. The director may reevaluate | 43779 |
| the credentials of the inspection personnel and their radiation | 43780 |
| detecting and measuring equipment as often as the director | 43781 |
| considers necessary and may terminate any contract with the board | 43782 |
| of health of any health district that, in the director's opinion, | 43783 |
| is not satisfactorily performing the terms of the contract. | 43784 |
| (D) The director may enter at all reasonable times upon any | 43785 |
| public or private property to determine compliance with this | 43786 |
| chapter and rules adopted under it. | 43787 |
| Sec. 3770.061. There is hereby created in the state treasury | 43788 |
| the charitable gaming oversight fund. The state lottery commission | 43789 |
| shall credit to the fund any money it receives from the office of | 43790 |
| the attorney general under any agreement the commission and the | 43791 |
| office have entered into under division (I) of section 2915.08 of | 43792 |
| the Revised Code. The commission shall use money in the fund to | 43793 |
| provide oversight, licensing, and monitoring of charitable gaming | 43794 |
| activities in this state in accordance with the agreement and | 43795 |
| Chapter 2915. of the Revised Code. Not later than the first day of | 43796 |
| July of each fiscal year, or as soon as possible thereafter, the | 43797 |
| commission may certify to the office of budget and management any | 43798 |
| unobligated fund balances not necessary to be used under this | 43799 |
| section. The commission may request the office of budget and | 43800 |
| management to transfer these balances to the lottery profits | 43801 |
| education fund for use in accordance with section 3770.06 of the | 43802 |
| Revised Code. | 43803 |
| Sec. 3773.34. (A) The Ohio athletic commission shall adopt | 43804 |
| and may amend or rescind rules in accordance with Chapter 119. of | 43805 |
| the Revised Code, prescribing the conditions under which prize | 43806 |
| fights and public boxing or wrestling matches or exhibitions may | 43807 |
| be conducted, classifying professional boxers by weight, and | 43808 |
| providing for the administration of sections 3773.31 to 3773.57 of | 43809 |
| the Revised Code. The rules may require that an applicant for a | 43810 |
| contestant's license to participate in a public boxing match or | 43811 |
| exhibition take an HIV test, as defined in section 3701.24 of the | 43812 |
| Revised Code, before being issued the contestant's license and may | 43813 |
| require that a licensed contestant take such an HIV test before | 43814 |
| participating in a public boxing match or exhibition. The | 43815 |
| commission, or the commission's executive director when authorized | 43816 |
| by the commission, may issue, deny, suspend, or revoke permits to | 43817 |
| hold prize fights and public boxing or wrestling matches or | 43818 |
| exhibitions | 43819 |
| revoke licenses to persons engaged in any public boxing match or | 43820 |
| exhibition as authorized by sections 3773.31 to 3773.57 of the | 43821 |
| Revised Code. | 43822 |
| (B) In addition to the duties set forth in this chapter, the | 43823 |
| Ohio athletic commission shall take action as necessary to carry | 43824 |
| out the provisions of Chapter 4771. of the Revised Code governing | 43825 |
| athlete agents. | 43826 |
| (C) On or before the thirty-first day of December of each | 43827 |
| year, the commission shall make a report to the governor of its | 43828 |
| proceedings for the year ending on the first day of December of | 43829 |
| that calendar year, and may include in the report any | 43830 |
| recommendations pertaining to its duties. | 43831 |
| Sec. 3773.38. Each person who holds a promoter's license | 43832 |
| issued under section 3773.36 of the Revised Code who desires to | 43833 |
| conduct a public boxing or wrestling match or exhibition where one | 43834 |
| or more contests are to be held shall obtain a permit from the | 43835 |
| Ohio athletic commission or the commission's executive director | 43836 |
| when the executive director is authorized by the commission to | 43837 |
| issue those types of permits. Application for such a permit shall | 43838 |
| be made in writing and on forms prescribed by the commission, | 43839 |
| shall be filed with the commission, and shall be accompanied by | 43840 |
| the permit fee prescribed in section 3773.43 of the Revised Code. | 43841 |
| The application for a permit issued under this section shall | 43842 |
| include the date and starting time of the match or exhibition, the | 43843 |
| address of the place where the match or exhibition is to be held, | 43844 |
| the names of the contestants, the seating capacity of the building | 43845 |
| or hall where the exhibition is to be held, the admission charge | 43846 |
| or any other charges, the amount of compensation or the percentage | 43847 |
| of gate receipts to be paid to each contestant, the name and | 43848 |
| address of the applicant, a copy of the current official rules | 43849 |
| that govern the particular sport, and the serial number of the | 43850 |
| applicant's promoter's license. | 43851 |
| The commission, or the commission's executive director when | 43852 |
| authorized by the commission, may require the applicant to deposit | 43853 |
| with the commission before a public boxing match or exhibition a | 43854 |
| cash bond, certified check, bank draft, or surety bond in an | 43855 |
| amount equal to five per cent of the estimated gross receipts from | 43856 |
| the match or exhibition. | 43857 |
| Sec. 3773.39. (A) Upon receipt of an application for a | 43858 |
| permit to hold a public boxing or wrestling match or exhibition | 43859 |
| under section 3773.38 of the Revised Code, the Ohio athletic | 43860 |
| commission, or the commission's executive director when authorized | 43861 |
| by the commission, shall determine if the applicant holds a valid | 43862 |
| promoter's license issued pursuant to section 3773.36 of the | 43863 |
| Revised Code. Upon receipt of an application for a permit to hold | 43864 |
| a public boxing match or exhibition, the commission, or the | 43865 |
| commission's executive director when authorized by the commission, | 43866 |
| also shall determine if the contestants are evenly and fairly | 43867 |
| matched according to skill, experience, and weight so as to | 43868 |
| produce a fair and sportsmanlike contest, and whether the | 43869 |
| applicant is financially responsible and is able to pay to each | 43870 |
| contestant the compensation or percentage of the gate receipts | 43871 |
| named in the application. The commission, or the commission's | 43872 |
| executive director when authorized by the commission, may, if | 43873 |
| applicable, require the applicant to deposit with it within | 43874 |
| forty-eight hours before the match or exhibition the total | 43875 |
| compensation or estimated portion of gate receipts to be paid all | 43876 |
| contestants named in the application made under section 3773.38 of | 43877 |
| the Revised Code. | 43878 |
| (B) If the commission, or the commission's executive director | 43879 |
| when authorized by the commission, determines that the applicant | 43880 |
| has met all the requirements specified in division (A) of this | 43881 |
|
section, | 43882 |
| applicant a permit to conduct the match or exhibition. If the | 43883 |
| applicant fails to deposit any compensation or portion of gate | 43884 |
| receipts required by the commission, or executive director before | 43885 |
| the first contest of the match or exhibition is held, the | 43886 |
| commission, or the commission's executive director when authorized | 43887 |
| by the commission, may revoke the permit and order the applicant | 43888 |
| not to conduct the match or exhibition described in the permit. | 43889 |
| (C) Each permit issued pursuant to this section shall bear | 43890 |
| the name and post office address of the applicant, the address of | 43891 |
| the place where the public boxing or wrestling match or exhibition | 43892 |
| is to be held, the date and starting time of the match or | 43893 |
| exhibition, and a serial number designated by the commission. | 43894 |
| A permit issued under this section shall allow the permit | 43895 |
| holder to conduct only the match or exhibition named in the | 43896 |
| permit. A permit is not transferable. | 43897 |
| Sec. 3773.40. No person who holds a promoter's license to | 43898 |
| conduct a public boxing match or exhibition under section 3773.36 | 43899 |
| of the Revised Code shall: | 43900 |
| (A) Hold any match or exhibition at any time or place other | 43901 |
| than that stated on a permit issued under section 3773.38 of the | 43902 |
| Revised Code; | 43903 |
| (B) Allow any contestant to participate in the match or | 43904 |
| exhibition unless the contestant is the licensed contestant named | 43905 |
| in the application for such permit or a licensed contestant | 43906 |
| authorized to compete as a substitute for such a contestant by the | 43907 |
| inspector assigned to the facility where the match or exhibition | 43908 |
| is held for that match or exhibition; | 43909 |
| (C) Charge a higher admission price for a match or exhibition | 43910 |
| than that stated in the application; | 43911 |
| (D) Pay a greater compensation or percentage of the gate | 43912 |
| receipts to any contestant than that stated in the application. | 43913 |
| The Ohio athletic commission, or the commission's executive | 43914 |
| director when authorized by the commission, upon application by a | 43915 |
| holder of a permit under section 3773.38 of the Revised Code, may | 43916 |
| allow the permit holder to hold the match or exhibition for which | 43917 |
| the permit was issued at an alternative site that is within the | 43918 |
| same municipal corporation or township and that offers | 43919 |
| substantially similar seating facilities, or allow the permit | 43920 |
| holder to substitute contestants or seconds, provided that the | 43921 |
| substitute contestants are evenly matched with their opponents in | 43922 |
| skill, experience, and weight. | 43923 |
| Sec. 3773.57. The Ohio athletic commission and the | 43924 |
| commission's executive director shall not issue a license or | 43925 |
| permit to conduct public boxing or wrestling matches or | 43926 |
| exhibitions in a municipal corporation or the unincorporated | 43927 |
| portion of a township if the commission or the commission's | 43928 |
| executive director determines that the legislative authority of | 43929 |
| the municipal corporation or board of township trustees has in | 43930 |
| effect an ordinance or resolution prohibiting such matches or | 43931 |
| exhibitions. | 43932 |
| Sec. 3781.07. There is hereby established in the department | 43933 |
| of commerce a board of building standards
consisting of | 43934 |
| members appointed by the governor with the advice and consent of | 43935 |
| the senate. The board shall appoint a secretary who shall serve in | 43936 |
| the unclassified civil service for a term of six years at a salary | 43937 |
| fixed pursuant to Chapter 124. of the Revised Code. The board may | 43938 |
| employ additional staff in the classified civil service. The | 43939 |
| secretary may be removed by the board under the rules the board | 43940 |
| adopts. Terms of office shall be for four years, commencing on the | 43941 |
| fourteenth day of October and ending on the thirteenth day of | 43942 |
| October. Each member shall hold office from the date of | 43943 |
| appointment until the end of the term for which the member was | 43944 |
| appointed. Any member appointed to fill a vacancy occurring prior | 43945 |
| to the expiration of the term for which the member's predecessor | 43946 |
| was appointed shall hold office for the remainder of such term. | 43947 |
| Any member shall continue in office subsequent to the expiration | 43948 |
| date of the member's term until the member's successor takes | 43949 |
| office, or until a period of sixty days has elapsed, whichever | 43950 |
| occurs first. One of the members appointed to the board shall be | 43951 |
| an attorney at law, admitted to the bar of this state; two shall | 43952 |
| be registered architects; two shall be professional engineers, one | 43953 |
| in the field of mechanical and one in the field of structural | 43954 |
| engineering, each of whom shall be duly licensed to practice such | 43955 |
| profession in this state; one shall be a person of recognized | 43956 |
| ability, broad training, and fifteen years experience in problems | 43957 |
| and practice incidental to the construction and equipment of | 43958 |
| buildings specified in section 3781.06 of the Revised Code; one | 43959 |
| shall be a person with recognized ability and experience in the | 43960 |
| manufacture and construction of industrialized units as defined in | 43961 |
| section 3781.06 of the Revised Code; one shall be a member of the | 43962 |
| fire service with recognized ability and broad training in the | 43963 |
| field of fire protection and suppression; one shall be a person | 43964 |
| with at least ten years of experience and recognized expertise in | 43965 |
| building codes and standards and the manufacture of construction | 43966 |
| materials; | 43967 |
| in residential and commercial construction; and one, chosen from a | 43968 |
| list of three names the Ohio municipal league submits to the | 43969 |
| governor, shall be the mayor of a municipal corporation in which | 43970 |
| the Ohio residential and nonresidential building codes are being | 43971 |
| enforced in the municipal corporation by a certified building | 43972 |
| department. Each member of the board, not otherwise required to | 43973 |
| take an oath of office, shall take the oath prescribed by the | 43974 |
| constitution. Each member shall receive as compensation an amount | 43975 |
| fixed pursuant to division (J) of section 124.15 of the Revised | 43976 |
| Code, and shall receive actual and necessary expenses in the | 43977 |
| performance of official duties. The amount of such expenses shall | 43978 |
| be certified by the secretary of the board and paid in the same | 43979 |
| manner as the expenses of employees of the department of commerce | 43980 |
| are paid. | 43981 |
| Sec. 3781.10. (A)(1) The board of building standards shall | 43982 |
| formulate and adopt rules governing the erection, construction, | 43983 |
| repair, alteration, and maintenance of all buildings or classes of | 43984 |
| buildings specified in section 3781.06 of the Revised Code, | 43985 |
| including land area incidental to those buildings, the | 43986 |
| construction of industrialized units, the installation of | 43987 |
| equipment, and the standards or requirements for materials used in | 43988 |
| connection with those buildings. The board shall incorporate those | 43989 |
| rules into separate residential and nonresidential building codes. | 43990 |
| The standards shall relate to the conservation of energy and the | 43991 |
| safety and sanitation of those buildings. | 43992 |
| (2) The rules governing nonresidential buildings are the | 43993 |
| lawful minimum requirements specified for those buildings and | 43994 |
| industrialized units, except that no rule other than as provided | 43995 |
| in division (C) of section 3781.108 of the Revised Code that | 43996 |
| specifies a higher requirement than is imposed by any section of | 43997 |
| the Revised Code is enforceable. The rules governing residential | 43998 |
| buildings are uniform requirements for residential buildings in | 43999 |
| any area with a building department certified to enforce the state | 44000 |
| residential building code. In no case shall any local code or | 44001 |
| regulation differ from the state residential building code unless | 44002 |
| that code or regulation addresses subject matter not addressed by | 44003 |
| the state residential building code or is adopted pursuant to | 44004 |
| section 3781.01 of the Revised Code. | 44005 |
| (3) The rules adopted pursuant to this section are complete, | 44006 |
| lawful alternatives to any requirements specified for buildings or | 44007 |
| industrialized units in any section of the Revised Code. The board | 44008 |
| shall, on its own motion or on application made under sections | 44009 |
| 3781.12 and 3781.13 of the Revised Code, formulate, propose, | 44010 |
| adopt, modify, amend, or repeal the rules to the extent necessary | 44011 |
| or desirable to effectuate the purposes of sections 3781.06 to | 44012 |
| 3781.18 of the Revised Code. | 44013 |
| (B) The board shall report to the general assembly proposals | 44014 |
| for amendments to existing statutes relating to the purposes | 44015 |
| declared in section 3781.06 of the Revised Code that public health | 44016 |
| and safety and the development of the arts require and shall | 44017 |
| recommend any additional legislation to assist in carrying out | 44018 |
| fully, in statutory form, the purposes declared in that section. | 44019 |
| The board shall prepare and submit to the general assembly a | 44020 |
| summary report of the number, nature, and disposition of the | 44021 |
| petitions filed under sections 3781.13 and 3781.14 of the Revised | 44022 |
| Code. | 44023 |
| (C) On its own motion or on application made under sections | 44024 |
| 3781.12 and 3781.13 of the Revised Code, and after thorough | 44025 |
| testing and evaluation, the board shall determine by rule that any | 44026 |
| particular fixture, device, material, process of manufacture, | 44027 |
| manufactured unit or component, method of manufacture, system, or | 44028 |
| method of construction complies with performance standards adopted | 44029 |
| pursuant to section 3781.11 of the Revised Code. The board shall | 44030 |
| make its determination with regard to adaptability for safe and | 44031 |
| sanitary erection, use, or construction, to that described in any | 44032 |
| section of the Revised Code, wherever the use of a fixture, | 44033 |
| device, material, method of manufacture, system, or method of | 44034 |
| construction described in that section of the Revised Code is | 44035 |
| permitted by law. The board shall amend or annul any rule or issue | 44036 |
| an authorization for the use of a new material or manufactured | 44037 |
| unit on any like application. No department, officer, board, or | 44038 |
| commission of the state other than the board of building standards | 44039 |
| or the board of building appeals shall permit the use of any | 44040 |
| fixture, device, material, method of manufacture, newly designed | 44041 |
| product, system, or method of construction at variance with what | 44042 |
| is described in any rule the board of building standards adopts or | 44043 |
| issues or that is authorized by any section of the Revised Code. | 44044 |
| Nothing in this section shall be construed as requiring approval, | 44045 |
| by rule, of plans for an industrialized unit that conforms with | 44046 |
| the rules the board of building standards adopts pursuant to | 44047 |
| section 3781.11 of the Revised Code. | 44048 |
| (D) The board shall recommend rules, codes, and standards to | 44049 |
| help carry out the purposes of section 3781.06 of the Revised Code | 44050 |
| and to help secure uniformity of state administrative rulings and | 44051 |
| local legislation and administrative action to the bureau of | 44052 |
| workers' compensation, the director of commerce, any other | 44053 |
| department, officer, board, or commission of the state, and to | 44054 |
| legislative authorities and building departments of counties, | 44055 |
| townships, and municipal corporations, and shall recommend that | 44056 |
| they audit those recommended rules, codes, and standards by any | 44057 |
| appropriate action that they are allowed pursuant to law or the | 44058 |
| constitution. | 44059 |
| (E)(1) The board shall certify municipal, township, and | 44060 |
| county building departments and the personnel of those building | 44061 |
| departments, and persons and employees of individuals, firms, or | 44062 |
| corporations as described in division (E)(7) of this section to | 44063 |
| exercise enforcement authority, to accept and approve plans and | 44064 |
| specifications, and to make inspections, pursuant to sections | 44065 |
| 3781.03, 3791.04, and 4104.43 of the Revised Code. | 44066 |
| (2) The board shall certify departments, personnel, and | 44067 |
| persons to enforce the state residential building code, to enforce | 44068 |
| the nonresidential building code, or to enforce both the | 44069 |
| residential and the nonresidential building codes. Any department, | 44070 |
| personnel, or person may enforce only the type of building code | 44071 |
| for which certified. | 44072 |
| (3) The board shall not require a building department, its | 44073 |
| personnel, or any persons that it employs to be certified for | 44074 |
| residential building code enforcement if that building department | 44075 |
| does not enforce the state residential building code. The board | 44076 |
| shall specify, in rules adopted pursuant to Chapter 119. of the | 44077 |
| Revised Code, the requirements for certification for residential | 44078 |
| and nonresidential building code enforcement, which shall be | 44079 |
| consistent with this division. The requirements for residential | 44080 |
| and nonresidential certification may differ. Except as otherwise | 44081 |
| provided in this division, the requirements shall include, but are | 44082 |
| not limited to, the satisfactory completion of an initial | 44083 |
| examination and, to remain certified, the completion of a | 44084 |
| specified number of hours of continuing building code education | 44085 |
| within each three-year period following the date of certification | 44086 |
| which shall be not less than thirty hours. The rules shall provide | 44087 |
| that continuing education credits and certification issued by the | 44088 |
| council of American building officials, national model code | 44089 |
| organizations, and agencies or entities the board recognizes are | 44090 |
| acceptable for purposes of this division. The rules shall specify | 44091 |
| requirements that are compatible, to the extent possible, with | 44092 |
| requirements the council of American building officials and | 44093 |
| national model code organizations establish. | 44094 |
| (4) The board shall establish and collect a certification and | 44095 |
| renewal fee for building department personnel, and persons and | 44096 |
| employees of persons, firms, or corporations as described in this | 44097 |
| section, who are certified pursuant to this division. | 44098 |
| (5) Any individual certified pursuant to this division shall | 44099 |
| complete the number of hours of continuing building code education | 44100 |
| that the board requires or, for failure to do so, forfeit | 44101 |
| certification. | 44102 |
| (6) This division does not require or authorize the board to | 44103 |
| certify personnel of municipal, township, and county building | 44104 |
| departments, and persons and employees of persons, firms, or | 44105 |
| corporations as described in this section, whose responsibilities | 44106 |
| do not include the exercise of enforcement authority, the approval | 44107 |
| of plans and specifications, or making inspections under the state | 44108 |
| residential and nonresidential building codes. | 44109 |
| (7) Enforcement authority for approval of plans and | 44110 |
| specifications and enforcement authority for inspections may be | 44111 |
| exercised, and plans and specifications may be approved and | 44112 |
| inspections may be made on behalf of a municipal corporation, | 44113 |
| township, or county, by any of the following who the board of | 44114 |
| building standards certifies: | 44115 |
| (a) Officers or employees of the municipal corporation, | 44116 |
| township, or county; | 44117 |
| (b) Persons, or employees of persons, firms, or corporations, | 44118 |
| pursuant to a
contract to furnish architectural | 44119 |
| or other services to the municipal corporation, township, or | 44120 |
| county; | 44121 |
| (c) Officers or employees of, and persons under contract | 44122 |
| with, a municipal corporation, township, county, health district, | 44123 |
| or other political subdivision, pursuant to a contract to furnish | 44124 |
| architectural | 44125 |
| (8) Municipal, township, and county building departments have | 44126 |
| jurisdiction within the meaning of sections 3781.03, 3791.04, and | 44127 |
| 4104.43 of the Revised Code, only with respect to the types of | 44128 |
| buildings and subject matters for which they are certified under | 44129 |
| this section. | 44130 |
| (9) Certification shall be granted upon application by the | 44131 |
| municipal corporation, the board of township trustees, or the | 44132 |
| board of county commissioners and approval of that application by | 44133 |
| the board of building standards. The application shall set forth: | 44134 |
| (a) Whether the certification is requested for residential or | 44135 |
| nonresidential buildings, or both; | 44136 |
| (b) The number and qualifications of the staff composing the | 44137 |
| building department; | 44138 |
| (c) The names, addresses, and qualifications of persons, | 44139 |
| firms, or corporations contracting to furnish work or services | 44140 |
| pursuant to division (E)(7)(b) of this section; | 44141 |
| (d) The names of any other municipal corporation, township, | 44142 |
| county, health district, or political subdivision under contract | 44143 |
| to furnish work or services pursuant to division (E)(7) of this | 44144 |
| section; | 44145 |
| (e) The proposed budget for the operation of the building | 44146 |
| department. | 44147 |
| (10) The board of building standards shall adopt rules | 44148 |
| governing all of the following: | 44149 |
| (a) The certification of building department personnel and | 44150 |
| persons and employees of persons, firms, or corporations | 44151 |
| exercising authority pursuant to division (E)(7) of this section. | 44152 |
| The rules shall disqualify any employee of the department or | 44153 |
| person who contracts for services with the department from | 44154 |
| performing services for the department when that employee or | 44155 |
| person would have to pass upon, inspect, or otherwise exercise | 44156 |
| authority over any labor, material, or equipment the employee or | 44157 |
| person furnishes for the construction, alteration, or maintenance | 44158 |
| of a building or the preparation of working drawings or | 44159 |
| specifications for work within the jurisdictional area of the | 44160 |
| department. The department shall provide other similarly qualified | 44161 |
| personnel to enforce the residential and nonresidential building | 44162 |
| codes as they pertain to that work. | 44163 |
| (b) The minimum services to be provided by a certified | 44164 |
| building department. | 44165 |
| (11) The board of building standards may revoke or suspend | 44166 |
| certification to enforce the residential and nonresidential | 44167 |
| building codes, on petition to the board by any person affected by | 44168 |
| that enforcement or approval of plans, or by the board on its own | 44169 |
| motion. Hearings shall be held and appeals permitted on any | 44170 |
| proceedings for certification or revocation or suspension of | 44171 |
| certification in the same manner as provided in section 3781.101 | 44172 |
| of the Revised Code for other proceedings of the board of building | 44173 |
| standards. | 44174 |
| (12) Upon certification, and until that authority is revoked, | 44175 |
| any county or township building department shall enforce the | 44176 |
| residential and nonresidential building codes for which it is | 44177 |
| certified without regard to limitation upon the authority of | 44178 |
| boards of county commissioners under Chapter 307. of the Revised | 44179 |
| Code or boards of township trustees under Chapter 505. of the | 44180 |
| Revised Code. | 44181 |
| (F) In addition to hearings sections 3781.06 to 3781.18 and | 44182 |
| 3791.04 of the Revised Code require, the board of building | 44183 |
| standards shall make investigations and tests, and require from | 44184 |
| other state departments, officers, boards, and commissions | 44185 |
| information the board considers necessary or desirable to assist | 44186 |
| it in the discharge of any duty or the exercise of any power | 44187 |
| mentioned in this section or in sections 3781.06 to 3781.18, | 44188 |
| 3791.04, and 4104.43 of the Revised Code. | 44189 |
| (G) The board shall adopt rules and establish reasonable fees | 44190 |
| for the review of all applications submitted where the applicant | 44191 |
| applies for authority to use a new material, assembly, or product | 44192 |
| of a manufacturing process. The fee shall bear some reasonable | 44193 |
| relationship to the cost of the review or testing of the | 44194 |
| materials, assembly, or products and for the notification of | 44195 |
| approval or disapproval as provided in section 3781.12 of the | 44196 |
| Revised Code. | 44197 |
| (H) The residential construction advisory committee shall | 44198 |
| provide the board with a proposal for a state residential building | 44199 |
| code that the committee recommends pursuant to division (C)(1) of | 44200 |
| section 4740.14 of the Revised Code. Upon receiving a | 44201 |
| recommendation from the committee that is acceptable to the board, | 44202 |
| the board shall adopt rules establishing that code as the state | 44203 |
| residential building code. | 44204 |
| (I) The board shall cooperate with the director of job and | 44205 |
| family services when the director promulgates rules pursuant to | 44206 |
| section 5104.05 of the Revised Code regarding safety and | 44207 |
| sanitation in type A family day-care homes. | 44208 |
| (J) The board shall adopt rules to implement the requirements | 44209 |
| of section 3781.108 of the Revised Code. | 44210 |
| Sec. 3781.102. (A) Any county or municipal building | 44211 |
| department certified pursuant to division (E) of section 3781.10 | 44212 |
| of the Revised Code as of September 14, 1970, and that, as of that | 44213 |
| date, was inspecting single-family, two-family, and three-family | 44214 |
| residences, and any township building department certified | 44215 |
| pursuant to division (E) of section 3781.10 of the Revised Code, | 44216 |
| is hereby declared to be certified to inspect single-family, | 44217 |
| two-family, and three-family residences containing industrialized | 44218 |
| units, and shall inspect the buildings or classes of buildings | 44219 |
| subject to division (E) of section 3781.10 of the Revised Code. | 44220 |
| (B) Each board of county commissioners may adopt, by | 44221 |
| resolution, rules establishing standards and providing for the | 44222 |
| licensing of electrical and heating, ventilating, and air | 44223 |
| conditioning contractors who are not required to hold a valid and | 44224 |
| unexpired license pursuant to Chapter 4740. of the Revised Code. | 44225 |
| Rules adopted by a board of county commissioners pursuant to | 44226 |
| this division may be enforced within the unincorporated areas of | 44227 |
| the county and within any municipal corporation where the | 44228 |
| legislative authority of the municipal corporation has contracted | 44229 |
| with the board for the enforcement of the county rules within the | 44230 |
| municipal corporation pursuant to section 307.15 of the Revised | 44231 |
| Code. The rules shall not conflict with rules adopted by the board | 44232 |
| of building standards pursuant to section 3781.10 of the Revised | 44233 |
| Code or by the department of commerce pursuant to Chapter 3703. of | 44234 |
| the Revised Code. This division does not impair or restrict the | 44235 |
| power of municipal corporations under Section 3 of Article XVIII, | 44236 |
| Ohio Constitution, to adopt rules concerning the erection, | 44237 |
| construction, repair, alteration, and maintenance of buildings and | 44238 |
| structures or of establishing standards and providing for the | 44239 |
| licensing of specialty contractors pursuant to section 715.27 of | 44240 |
| the Revised Code. | 44241 |
| A board of county commissioners, pursuant to this division, | 44242 |
| may require all electrical contractors and heating, ventilating, | 44243 |
| and air conditioning contractors, other than those who hold a | 44244 |
| valid and unexpired license issued pursuant to Chapter 4740. of | 44245 |
| the Revised Code, to successfully complete an examination, test, | 44246 |
| or demonstration of technical skills, and may impose a fee and | 44247 |
| additional requirements for a license to engage in their | 44248 |
| respective occupations within the jurisdiction of the board's | 44249 |
| rules under this division. | 44250 |
| (C) No board of county commissioners shall require any | 44251 |
| specialty contractor who holds a valid and unexpired license | 44252 |
| issued pursuant to Chapter 4740. of the Revised Code to | 44253 |
| successfully complete an examination, test, or demonstration of | 44254 |
| technical skills in order to engage in the type of contracting for | 44255 |
| which the license is held, within the unincorporated areas of the | 44256 |
| county and within any municipal corporation whose legislative | 44257 |
| authority has contracted with the board for the enforcement of | 44258 |
| county regulations within the municipal corporation, pursuant to | 44259 |
| section 307.15 of the Revised Code. | 44260 |
| (D) A board may impose a fee for registration of a specialty | 44261 |
| contractor who holds a valid and unexpired license issued pursuant | 44262 |
| to Chapter 4740. of the Revised Code before that specialty | 44263 |
| contractor may engage in the type of contracting for which the | 44264 |
| license is held within the unincorporated areas of the county and | 44265 |
| within any municipal corporation whose legislative authority has | 44266 |
| contracted with the board for the enforcement of county | 44267 |
| regulations within the municipal corporation, pursuant to section | 44268 |
| 307.15 of the Revised Code, provided that the fee is the same for | 44269 |
| all specialty contractors who wish to engage in that type of | 44270 |
| contracting. If a board imposes such a fee, the board immediately | 44271 |
| shall permit a specialty contractor who presents proof of holding | 44272 |
| a valid and unexpired license and pays the required fee to engage | 44273 |
| in the type of contracting for which the license is held within | 44274 |
| the unincorporated areas of the county and within any municipal | 44275 |
| corporation whose legislative authority has contracted with the | 44276 |
| board for the enforcement of county regulations within the | 44277 |
| municipal corporation, pursuant to section 307.15 of the Revised | 44278 |
| Code. | 44279 |
| (E) The political subdivision associated with each municipal, | 44280 |
| township, and county building department the board of building | 44281 |
| standards certifies pursuant to division (E) of section 3781.10 of | 44282 |
| the Revised Code may prescribe fees to be paid by persons, | 44283 |
| political subdivisions, or any department, agency, board, | 44284 |
| commission, or institution of the state, for the acceptance and | 44285 |
| approval of plans and specifications, and for the making of | 44286 |
| inspections, pursuant to sections 3781.03 and 3791.04 of the | 44287 |
| Revised Code. | 44288 |
| (F) Each political subdivision that prescribes fees pursuant | 44289 |
| to division (E) of this section shall collect, on behalf of the | 44290 |
| board of building standards, fees equal to the following: | 44291 |
| (1) Three per cent of the fees the political subdivision | 44292 |
| collects in connection with nonresidential buildings; | 44293 |
| (2) One per cent of the fees the political subdivision | 44294 |
| collects in connection with residential buildings. | 44295 |
| (G)(1) The board shall adopt rules, in accordance with | 44296 |
| Chapter 119. of the Revised Code, specifying the manner in which | 44297 |
| the fee assessed pursuant to division (F) of this section shall be | 44298 |
| collected and remitted monthly to the board. The board shall pay | 44299 |
| the fees into the state treasury to the credit of the industrial | 44300 |
| compliance operating fund created in section 121.084 of the | 44301 |
| Revised Code. | 44302 |
| (2) All money credited to the industrial compliance operating | 44303 |
| fund under this division shall be used exclusively for the | 44304 |
| following: | 44305 |
| (a) Operating costs of the board; | 44306 |
| (b) Providing services, including educational programs, for | 44307 |
| the building departments that are certified by the board pursuant | 44308 |
| to division (E) of section 3781.10 of the Revised Code; | 44309 |
| (c) Paying the expenses of the residential construction | 44310 |
| advisory committee, including the expenses of committee members as | 44311 |
| provided in section 4740.14 of the Revised Code. | 44312 |
| (H) A board of county commissioners that adopts rules | 44313 |
| providing for the licensing of electrical and heating, | 44314 |
| ventilating, and air conditioning contractors, pursuant to | 44315 |
| division (B) of this section, may accept, for purposes of | 44316 |
| satisfying the requirements of rules adopted under that division, | 44317 |
| a valid and unexpired license issued pursuant to Chapter 4740. of | 44318 |
| the Revised Code that is held by an electrical or heating, | 44319 |
| ventilating, and air conditioning contractor, for the | 44320 |
| construction, replacement, maintenance, or repair of one-family, | 44321 |
| two-family, or three-family dwelling houses or accessory | 44322 |
| structures incidental to those dwelling houses. | 44323 |
| (I) A board of county commissioners shall not register a | 44324 |
| specialty contractor who is required to hold a license under | 44325 |
| Chapter 4740. of the Revised Code but does not hold a valid | 44326 |
| license issued under that chapter. | 44327 |
| (J) As used in this section, "specialty contractor" means a | 44328 |
| heating, ventilating, and air conditioning contractor, | 44329 |
| refrigeration contractor, electrical contractor, plumbing | 44330 |
| contractor, or hydronics contractor, as those contractors are | 44331 |
| described in Chapter 4740. of the Revised Code. | 44332 |
| Sec. 3781.191. The Ohio board of building appeals has no | 44333 |
| authority to hear any case based on the Ohio residential building | 44334 |
| code or to grant any variance to the Ohio residential building | 44335 |
| code. | 44336 |
| Sec. 3793.09. (A) There is hereby created the council on | 44337 |
| alcohol and drug addiction services which shall consist of the | 44338 |
| public officials specified in division (B) of this section, or | 44339 |
| their designees, and thirteen members appointed by the governor | 44340 |
| with the advice and consent of the senate. The members appointed | 44341 |
| by the governor shall be representatives of the following: boards | 44342 |
| of alcohol, drug addiction, and mental health services; the | 44343 |
| criminal and juvenile justice systems; and alcohol and drug | 44344 |
| addiction programs. At least four of the appointed members shall | 44345 |
| be persons who have received or are receiving alcohol or drug | 44346 |
| addiction services or are parents or other relatives of such | 44347 |
| persons; of these at least two shall be women and at least one | 44348 |
| shall be a member of a minority group. | 44349 |
| The governor shall make initial appointments to the council | 44350 |
| not later than thirty days after October 10, 1989. Of the initial | 44351 |
| appointments, six shall be for terms ending July 31, 1991, and | 44352 |
| seven shall be for terms ending July 31, 1992. Thereafter, terms | 44353 |
| of office shall be two years, with each term ending on the same | 44354 |
| day of the same month as the term it succeeds. Each member shall | 44355 |
| hold office from the date of the member's appointment until the | 44356 |
| end of the term for which the member was appointed. Members may be | 44357 |
| reappointed. Vacancies shall be filled in the same manner as | 44358 |
| original appointments. Any member appointed to fill a vacancy | 44359 |
| occurring prior to the expiration of the term for which the | 44360 |
| member's predecessor was appointed shall hold office as a member | 44361 |
| for the remainder of the term. A member shall continue in office | 44362 |
| subsequent to the expiration of the member's term until the | 44363 |
| member's successor takes office or until a period of sixty days | 44364 |
| has elapsed, whichever occurs first. | 44365 |
| (B) The directors of health, public safety, mental health, | 44366 |
| rehabilitation and correction, and youth services; the | 44367 |
| superintendents of public instruction and liquor control; the | 44368 |
| attorney general; the adjutant general; and the executive director | 44369 |
| of the | 44370 |
| department of public safety shall be voting members of the | 44371 |
| council, except that any of these officials may designate an | 44372 |
| individual to serve in the official's place as a voting member of | 44373 |
| the council. The director of alcohol and drug addiction services | 44374 |
| shall serve as a nonvoting member of the council. | 44375 |
| (C) The governor shall annually appoint a | 44376 |
| chairperson from among the members of the council. The council | 44377 |
| shall meet
quarterly and at other times the | 44378 |
| considers necessary. In addition to other duties specified in this | 44379 |
| chapter, the council shall review the development of the | 44380 |
| comprehensive statewide plan for alcohol and drug addiction | 44381 |
| services, revisions of the plan, and other actions taken to | 44382 |
| implement the purposes of this chapter by the department of | 44383 |
| alcohol and drug addiction services and shall act as an advisory | 44384 |
| council to the director of alcohol and drug addiction services. | 44385 |
| (D) Members of the council shall serve without compensation, | 44386 |
| but shall be paid actual and necessary expenses incurred in the | 44387 |
| performance of their duties. | 44388 |
| Sec. 3901.021. (A) Three-fourths of all appointment and | 44389 |
| other
fees collected under
section 3905.10 | 44390 |
| section
3905.20 | 44391 |
| Revised Code shall be paid into the state treasury to the credit | 44392 |
| of the department of insurance operating fund, which is hereby | 44393 |
| created. The remaining one-fourth shall be credited to the general | 44394 |
| revenue
fund. | 44395 |
| of insurance, such as registration fees for sponsored seminars or | 44396 |
| conferences and grants from private entities, shall be paid into | 44397 |
| the state treasury to the credit of the department of insurance | 44398 |
| operating fund. | 44399 |
| (B) Seven-tenths of all fees collected under divisions | 44400 |
| (A)(2), (A)(3), and (A)(6) of section 3905.40 of the Revised Code | 44401 |
| shall be paid into the state treasury to the credit of the | 44402 |
| department of insurance operating fund. The remaining three-tenths | 44403 |
| shall be credited to the general revenue fund. | 44404 |
| (C) All operating expenses of the department of insurance | 44405 |
| except those expenses defined under section 3901.07 of the Revised | 44406 |
| Code shall be paid from the department of insurance operating | 44407 |
| fund. | 44408 |
| Sec. 3901.17. (A) As used in this section: | 44409 |
| (1) "Captive insurer" has the meaning defined in section | 44410 |
| 3905.36 of the Revised Code. | 44411 |
| (2) "Insurer" includes, but is not limited to, any person | 44412 |
| that is an affiliate of or affiliated with the insurer, as defined | 44413 |
| in division (A) of section 3901.32 of the Revised Code, and any | 44414 |
| person that is a subsidiary of the insurer as defined in division | 44415 |
| (F) of section 3901.32 of the Revised Code. | 44416 |
| | 44417 |
| meaning defined in division (A)(1) of section 3901.04 of the | 44418 |
| Revised Code. | 44419 |
| | 44420 |
| section 3901.19 of the Revised Code. | 44421 |
| (B) Any of the following acts in this state, effected by mail | 44422 |
| or otherwise, by any foreign or alien insurer not authorized to | 44423 |
| transact business within this state, any nonresident person acting | 44424 |
| on behalf of an insurer, or any nonresident insurance agent | 44425 |
| subjects the insurer, person, or agent to the exercise of personal | 44426 |
| jurisdiction over the insurer, person, or agent to the extent | 44427 |
| permitted by the constitutions of this state and of the United | 44428 |
| States: | 44429 |
| (1) Issuing or delivering contracts of insurance to residents | 44430 |
| of this state or to corporations authorized to do business | 44431 |
| therein; | 44432 |
| (2) Making or proposing to make any insurance contracts; | 44433 |
| (3) Soliciting, taking, or receiving any application for | 44434 |
| insurance; | 44435 |
| (4) Receiving or collecting any premium, commission, | 44436 |
| membership fee, assessment, dues, or other consideration for any | 44437 |
| insurance contract or any part thereof; | 44438 |
| (5) Disseminating information as to coverage or rates, | 44439 |
| forwarding applications, inspecting risks, fixing rates, | 44440 |
| investigating or adjusting claims or losses, transacting any | 44441 |
| matters subsequent to effecting a contract of insurance and | 44442 |
| arising out of it; | 44443 |
| (6) Doing any kind of business recognized as constituting the | 44444 |
| doing of an insurance business under Title XXXIX of the Revised | 44445 |
| Code or subject to regulation by the superintendent of insurance | 44446 |
| under the laws of this state relating to insurance. | 44447 |
| Any such act shall be considered to be the doing of an | 44448 |
| insurance business in this state by such insurer, person, or agent | 44449 |
| and shall be its agreement that service of any lawful subpoena, | 44450 |
| notice, order, or process is of the same legal force and validity | 44451 |
| as personal service of the subpoena, notice, order, or process in | 44452 |
| this state upon the insurer, person, or agent. | 44453 |
| (C) Service of process in judicial proceedings shall be as | 44454 |
| provided by the Rules of Civil Procedure. Service in or out of | 44455 |
| this state of notice, orders, or subpoenas in administrative | 44456 |
| proceedings before the superintendent shall be as provided in | 44457 |
| section 3901.04 of the Revised Code. | 44458 |
| (D) Service of any notice, order, subpoena, or process in any | 44459 |
| such action, suit, or proceeding shall, in addition to the manner | 44460 |
| provided in division (C) of this section, be valid if served upon | 44461 |
| any person within this state who, in this state on behalf of such | 44462 |
| insurer, person, or agent is or has been: | 44463 |
| (1) Soliciting, procuring, effecting, or negotiating for | 44464 |
| insurance; | 44465 |
| (2) Making, issuing, or delivering any contract of insurance; | 44466 |
| (3) Collecting or receiving any premium, membership fees, | 44467 |
| assessment, dues, or other consideration for insurance; | 44468 |
| (4) Disseminating information as to coverage or rates, | 44469 |
| forwarding applications, inspecting risks, fixing rates, | 44470 |
| investigating or adjusting claims or losses, or transacting any | 44471 |
| matters subsequent to effecting a contract of insurance and | 44472 |
| arising out of it. | 44473 |
| (E) Nothing in this section shall limit or abridge the right | 44474 |
| to serve any subpoena, order, process, notice, or demand upon any | 44475 |
| insurer, person, or agent in any other manner permitted by law. | 44476 |
| (F) Every person investigating or adjusting any loss or claim | 44477 |
| under a policy of insurance not excepted under division (I) of | 44478 |
| this section and issued by any such insurer and covering a subject | 44479 |
| of insurance that was resident, located, or to be performed in | 44480 |
| this state at the time of issuance shall immediately report the | 44481 |
| policy to the superintendent. | 44482 |
| (G) Each such insurer that does any of the acts set forth in | 44483 |
| division (B) of this section in this state by mail or otherwise | 44484 |
| shall be subject to a tax of five per cent on the gross premiums, | 44485 |
| membership fees, assessments, dues, and other considerations | 44486 |
| received on all contracts of insurance covering subjects of | 44487 |
| insurance resident, located, or to be performed within this state. | 44488 |
| Such insurer shall annually, on or before the first day of July, | 44489 |
| pay such tax to the treasurer of state, as calculated on a form | 44490 |
| prescribed by the treasurer of state. If the tax is not paid when | 44491 |
| due, the tax shall be increased by a penalty of twenty-five per | 44492 |
| cent. An interest charge computed as set forth in section 5725.221 | 44493 |
| of the Revised Code shall be made on the entire sum of the tax | 44494 |
| plus penalty, which interest shall be computed from the date the | 44495 |
| tax is due until it is paid. The treasurer of state shall | 44496 |
| determine and report all claims for penalties and interest | 44497 |
| accruing under this section to the attorney general for | 44498 |
| collection. | 44499 |
| For purposes of this division, payment is considered made | 44500 |
| when it is received by the treasurer of state, irrespective of any | 44501 |
| United States postal service marking or other stamp or mark | 44502 |
| indicating the date on which the payment may have been mailed. | 44503 |
| (H) No contract of insurance effected in this state by mail | 44504 |
| or otherwise by any such insurer is enforceable by the insurer. | 44505 |
| (I) This section does not apply to: | 44506 |
| (1) Insurance obtained pursuant to sections 3905.30 to | 44507 |
| 3905.36 of the Revised Code; | 44508 |
| (2) The transaction of reinsurance by insurers; | 44509 |
| (3) Transactions in this state involving a policy solicited, | 44510 |
| written, and delivered outside this state covering only subjects | 44511 |
| of insurance not resident, located, or to be performed in this | 44512 |
| state at the time of issuance, provided such transactions are | 44513 |
| subsequent to the issuance of the policy; | 44514 |
| (4) Transactions in this state involving a policy of group | 44515 |
| life or group accident and sickness insurance solicited, written, | 44516 |
| and delivered outside this state; | 44517 |
| (5) Transactions involving contracts of insurance | 44518 |
| independently procured through negotiations occurring entirely | 44519 |
| outside this state which are reported to the superintendent and | 44520 |
| with respect to which the tax provided by section 3905.36 of the | 44521 |
| Revised Code is paid; | 44522 |
| (6) An attorney at law acting on behalf of the attorney's | 44523 |
| clients in the adjustment of claims or losses; | 44524 |
| (7) | 44525 |
| any insurance company underwriter issuing contracts of insurance | 44526 |
| to employer insureds or contracts of insurance issued to an | 44527 |
| employer insured. For purposes of this section, an "employer | 44528 |
| insured" is an insured to whom all of the following apply: | 44529 |
| (a) The insured procures the insurance of any risk or risks | 44530 |
| by use of the services of a full-time employee acting as an | 44531 |
| insurance manager or buyer or the services of a regularly and | 44532 |
| continuously qualified insurance consultant. As used in division | 44533 |
| (I)(7)(a) of this section, a "regularly and continuously qualified | 44534 |
| insurance consultant" does not include any person licensed under | 44535 |
| Chapter 3905. of the Revised Code. | 44536 |
| (b) The insured's aggregate annual premiums for insurance on | 44537 |
| all risks total at least twenty-five thousand dollars; and | 44538 |
| (c) The insured has at least twenty-five full-time employees. | 44539 |
| (8) Ocean marine insurance; | 44540 |
| (9) Transactions involving policies issued by a captive | 44541 |
| insurer. | 44542 |
| Sec. 3901.3814. Sections 3901.38 and 3901.381 to 3901.3813 of | 44543 |
| the Revised Code do not apply to the following: | 44544 |
| (A) Policies offering coverage that is regulated under | 44545 |
| Chapters 3935. and 3937. of the Revised Code; | 44546 |
| (B) An employer's self-insurance plan and any of its | 44547 |
| administrators, as defined in section 3959.01 of the Revised Code, | 44548 |
| to the extent that federal law supersedes, preempts, prohibits, or | 44549 |
| otherwise precludes the application of any provisions of those | 44550 |
| sections to the plan and its administrators; | 44551 |
| (C)(1) A third-party payer for coverage provided under the | 44552 |
|
medicare | 44553 |
| operated under Title
XVIII | 44554 |
| 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended; | 44555 |
| (2) A third-party payer for coverage provided under the | 44556 |
| medicaid program operated under Title XIX of the Social Security | 44557 |
| Act, except that if a federal waiver applied for under section | 44558 |
| 5101.94 of the Revised Code is granted or the director of job and | 44559 |
| family services determines that this provision can be implemented | 44560 |
| without a waiver, sections 3901.38 and 3901.381 to 3901.3813 of | 44561 |
| the Revised Code apply to coverage of medicaid recipients by | 44562 |
| health insuring corporations licensed under Chapter 1751. of the | 44563 |
| Revised Code; | 44564 |
| (D) A third-party payer for coverage provided under the | 44565 |
| tricare program offered by the United States department of | 44566 |
| defense. | 44567 |
| Sec. 3901.78. | 44568 |
| 44569 | |
| 44570 | |
| 44571 | |
| 44572 | |
| 44573 | |
| 44574 | |
| 44575 | |
| or in any other circumstance that the superintendent of insurance | 44576 |
| determines to be appropriate, the superintendent may issue | 44577 |
| certificates of compliance | 44578 |
| 44579 | |
| associations authorized to do business in this state | 44580 |
| 44581 | |
| established by the national association of insurance commissioners | 44582 |
| or on such other forms as the superintendent may prescribe. | 44583 |
| Sec. 3903.14. (A) The superintendent of insurance as | 44584 |
| rehabilitator may appoint one or more special deputies, who shall | 44585 |
| have all the powers and responsibilities of the rehabilitator | 44586 |
| granted under this section, and the superintendent may employ such | 44587 |
| clerks and assistants as considered necessary. The compensation of | 44588 |
| the special deputies, clerks, and assistants and all expenses of | 44589 |
| taking possession of the insurer and of conducting the proceedings | 44590 |
| shall be fixed by the superintendent, with the approval of the | 44591 |
| court and shall be paid out of the funds or assets of the insurer. | 44592 |
| The persons appointed under this section shall serve at the | 44593 |
| pleasure of the superintendent. In the event that the property of | 44594 |
| the insurer does not contain sufficient cash or liquid assets to | 44595 |
| defray the costs incurred, the superintendent may advance the | 44596 |
| costs so incurred out of any appropriation for the maintenance of | 44597 |
| the department of insurance. Any amounts so advanced for expenses | 44598 |
| of administration shall be repaid to the superintendent for the | 44599 |
| use of the department out of the first available money of the | 44600 |
| insurer. | 44601 |
| (B) The rehabilitator may take such action as | 44602 |
| rehabilitator considers necessary or appropriate to reform and | 44603 |
| revitalize
the insurer. | 44604 |
| powers of the directors, officers, and managers, whose authority | 44605 |
| shall be suspended, except as they are redelegated by the | 44606 |
| rehabilitator. | 44607 |
| direct and manage, to hire and discharge employees subject to any | 44608 |
| contract rights they may have, and to deal with the property and | 44609 |
| business of the insurer. | 44610 |
| (C) If it appears to the rehabilitator that there has been | 44611 |
| criminal or tortious conduct, or breach of any contractual or | 44612 |
| fiduciary obligation detrimental to the insurer by any officer, | 44613 |
| manager, agent, director, trustee, broker, employee, or other | 44614 |
|
person, | 44615 |
| remedies on behalf of the insurer. | 44616 |
| (D) If the rehabilitator determines that reorganization, | 44617 |
| consolidation, conversion, reinsurance, merger, or other | 44618 |
|
transformation of the insurer is appropriate, | 44619 |
| shall prepare a plan to effect such changes. Upon application of | 44620 |
| the rehabilitator for approval of the plan, and after such notice | 44621 |
| and hearings as the court may prescribe, the court may either | 44622 |
| approve or disapprove the plan proposed, or may modify it and | 44623 |
| approve it as modified. Any plan approved under this section shall | 44624 |
| be, in the judgment of the court, fair and equitable to all | 44625 |
| parties concerned. If the plan is approved, the rehabilitator | 44626 |
| shall carry out the plan. In the case of a life insurer, the plan | 44627 |
| proposed may include the imposition of liens upon the policies of | 44628 |
| the company, if all rights of shareholders are first relinquished. | 44629 |
| A plan for a life insurer may also propose imposition of a | 44630 |
| moratorium upon loan and cash surrender rights under policies, for | 44631 |
| such period and to such an extent as may be necessary. | 44632 |
| (E) In the case of a medicaid health insuring corporation | 44633 |
| that has posted a bond or deposited securities in accordance with | 44634 |
| section 1751.271 of the Revised Code, the plan proposed under | 44635 |
| division (D) of this section may include the use of the proceeds | 44636 |
| of the bond or securities to first pay the claims of contracted | 44637 |
| providers for covered health care services provided to medicaid | 44638 |
| recipients, then next to pay other claimants with any remaining | 44639 |
| funds, consistent with the priorities set forth in sections | 44640 |
| 3903.421 and 3903.42 of the Revised Code. | 44641 |
| (F) The rehabilitator shall have the power under sections | 44642 |
| 3903.26 and 3903.27 of the Revised Code to avoid fraudulent | 44643 |
| transfers. | 44644 |
| (G) As used in this section: | 44645 |
| (1) "Contracted provider" means a provider with a contract | 44646 |
| with a medicaid health insuring corporation to provide covered | 44647 |
| health care services to medicaid recipients. | 44648 |
| (2) "Medicaid recipient" means a person eligible for | 44649 |
| assistance under the medicaid program operated pursuant to Chapter | 44650 |
| 5111. of the Revised Code. | 44651 |
| Sec. 3903.42. The priority of distribution of claims from | 44652 |
| the insurer's estate shall be in accordance with the order in | 44653 |
| which each class of claims is set forth in this section. Every | 44654 |
| claim in each class shall be paid in full or adequate funds | 44655 |
| retained for such payment before the members of the next class | 44656 |
| receive any payment. No subclasses shall be established within any | 44657 |
| class. The order of distribution of claims shall be: | 44658 |
| (A) Class 1. The costs and expenses of administration, | 44659 |
| including but not limited to the following: | 44660 |
| (1) The actual and necessary costs of preserving or | 44661 |
| recovering the assets of the insurer; | 44662 |
| (2) Compensation for all services rendered in the | 44663 |
| liquidation; | 44664 |
| (3) Any necessary filing fees; | 44665 |
| (4) The fees and mileage payable to witnesses; | 44666 |
| (5) Reasonable attorney's fees; | 44667 |
| (6) The reasonable expenses of a guaranty association or | 44668 |
| foreign guaranty association in handling claims. | 44669 |
| (B) Class 2. All claims under policies for losses incurred, | 44670 |
| including third party claims, all claims against a health insuring | 44671 |
| corporation by the corporation's contracted providers, all claims | 44672 |
| against the insurer for liability for bodily injury or for injury | 44673 |
| to or destruction of tangible property that are not under | 44674 |
| policies, and all claims of a guaranty association or foreign | 44675 |
| guaranty association. All claims under life insurance and annuity | 44676 |
| policies, whether for death proceeds, annuity proceeds, or | 44677 |
| investment values, shall be treated as loss claims. That portion | 44678 |
| of any loss, indemnification for which is provided by other | 44679 |
| benefits or advantages recovered by the claimant, shall not be | 44680 |
| included in this class, other than benefits or advantages | 44681 |
| recovered or recoverable in discharge of familial obligations of | 44682 |
| support or by way of succession at death or as proceeds of life | 44683 |
| insurance, or as gratuities. No payment by an employer to an | 44684 |
| employee shall be treated as a gratuity. Claims under | 44685 |
| nonassessable policies for unearned premium or other premium | 44686 |
| refunds. | 44687 |
| (C) Class 3. Claims of the federal government. | 44688 |
| (D) Class 4. Debts due to employees for services performed to | 44689 |
| the extent that they do not exceed one thousand dollars and | 44690 |
| represent payment for services performed within one year before | 44691 |
| the filing of the complaint for liquidation. Officers and | 44692 |
| directors shall not be entitled to the benefit of this priority. | 44693 |
| Such priority shall be in lieu of any other similar priority that | 44694 |
| may be authorized by law as to wages or compensation of employees. | 44695 |
| (E) Class 5. Claims of general creditors. | 44696 |
| (F) Class 6. Claims of any state or local government. Claims, | 44697 |
| including those of any state or local governmental body for a | 44698 |
| penalty or forfeiture, shall be allowed in this class only to the | 44699 |
| extent of the pecuniary loss sustained from the act, transaction, | 44700 |
| or proceeding out of which the penalty or forfeiture arose, with | 44701 |
| reasonable and actual costs occasioned thereby. The remainder of | 44702 |
| such claims shall be postponed to the class of claims under | 44703 |
| division (I) of this section. | 44704 |
| (G) Class 7. Claims filed late or any other claims other than | 44705 |
| claims under divisions (H) and (I) of this section. | 44706 |
| (H) Class 8. Surplus or contribution notes, or similar | 44707 |
| obligations, and premium refunds on assessable policies. Payments | 44708 |
| to members of domestic mutual insurance companies shall be limited | 44709 |
| in accordance with law. | 44710 |
| (I) Class 9. The claims of shareholders or other owners. | 44711 |
| If any provision of this section or the application of any | 44712 |
| provision of this section to any person or circumstance is held | 44713 |
| invalid, the invalidity does not affect other provisions or | 44714 |
| applications of this section, and to this end the provisions are | 44715 |
| severable. | 44716 |
| Sec. 3903.421. (A) Notwithstanding section 3903.42 of the | 44717 |
| Revised Code, both of the following apply to medicaid health | 44718 |
| insuring corporation performance bonds and securities: | 44719 |
| (1) Proceeds from the bond issued or securities held pursuant | 44720 |
| to section 1751.271 of the Revised Code that have been paid to or | 44721 |
| deposited with the department of insurance shall be considered | 44722 |
| special deposits for purposes of satisfying claims of contracted | 44723 |
| providers for covered health care services provided to medicaid | 44724 |
| recipients; | 44725 |
| (2) Contracted providers that have claims against a health | 44726 |
| insuring corporation for covered health care services provided to | 44727 |
| medicaid recipients shall be given first priority against the | 44728 |
| proceeds of the bond or securities held pursuant to section | 44729 |
| 1751.27 of the Revised Code, to the exclusion of other creditors, | 44730 |
| except as provided for in this section. | 44731 |
| (B) If the amount of the proceeds of the bond or securities | 44732 |
| are not sufficient to satisfy all of the allowed claims of | 44733 |
| contracted providers for covered health care services provided to | 44734 |
| medicaid recipients, payment shall proceed as follows: | 44735 |
| (1) Contracted providers shall share in the proceeds of the | 44736 |
| bond or securities pro rata based on the allowed amount of the | 44737 |
| providers' claims against the health insuring corporation for | 44738 |
| covered health care services provided to medicaid recipients; | 44739 |
| (2) After payments are made under division (B)(1) of this | 44740 |
| section, the net unpaid balance of the claims of contracted | 44741 |
| providers shall be allowed for payment from the general assets of | 44742 |
| the estate in accordance with the priorities set forth in section | 44743 |
| 3903.42 of the Revised Code. | 44744 |
| (C) If the amount of the proceeds of the bond or securities | 44745 |
| exceeds the allowed claims of contracted providers for covered | 44746 |
| health care services provided to medicaid recipients, the excess | 44747 |
| amount shall be considered a general asset of the health insuring | 44748 |
| corporation's estate to be distributed to other claimants in | 44749 |
| accordance with the priorities set forth in section 3903.42 of the | 44750 |
| Revised Code. | 44751 |
| (D) As used in this section: | 44752 |
| (1) "Contracted provider" means a provider with a contract | 44753 |
| with a medicaid health insuring corporation to provide covered | 44754 |
| health care services to medicaid recipients. | 44755 |
| (2) "Medicaid recipient" means a person eligible for | 44756 |
| assistance under the medicaid program operated pursuant to Chapter | 44757 |
| 5111. of the Revised Code. | 44758 |
| Sec. 3905.04. (A) Except as otherwise provided in section | 44759 |
| 3905.041 of the Revised Code, a resident individual applying for | 44760 |
| an insurance agent license for any of the lines of authority | 44761 |
| described in division (B) of this section shall take a written | 44762 |
| examination. The examination shall test the knowledge of the | 44763 |
| individual with respect to the lines of authority for which | 44764 |
| application is made, the duties and responsibilities of an | 44765 |
| insurance agent, and the insurance laws of this state. Before | 44766 |
| admission to the examination, each individual shall pay the | 44767 |
|
nonrefundable fee required under division | 44768 |
| 3905.40 of the Revised Code. | 44769 |
| (B) The examination described in division (A) of this section | 44770 |
| shall be required for the following lines of authority: | 44771 |
| (1) Any of the lines of authority set forth in divisions | 44772 |
| (B)(1) to (6) of section 3905.06 of the Revised Code; | 44773 |
| (2) Title insurance; | 44774 |
| (3) Surety bail bonds as provided in sections 3905.83 to | 44775 |
| 3905.95 of the Revised Code; | 44776 |
| (4) Any other line of authority designated by the | 44777 |
| superintendent of insurance. | 44778 |
| (C) An individual shall not be permitted to take the | 44779 |
| examination described in division (A) of this section unless one | 44780 |
| or both of the following apply: | 44781 |
| (1) The individual has earned a bachelor's or associate's | 44782 |
| degree in insurance from an accredited institution. | 44783 |
| (2) The individual has completed, for each line of authority | 44784 |
| for which the individual has applied, twenty hours of study in a | 44785 |
| program of insurance education approved by the superintendent, in | 44786 |
| consultation with the insurance agent education advisory council, | 44787 |
| under criteria established by the superintendent. Division (C) of | 44788 |
| this section does not apply with respect to title insurance or any | 44789 |
| other line of authority designated by the superintendent. | 44790 |
| (D) An individual who fails to appear for an examination as | 44791 |
| scheduled, or fails to pass an examination, may reapply for the | 44792 |
| examination if the individual pays the required fee and submits | 44793 |
| any necessary forms prior to being rescheduled for the | 44794 |
| examination. | 44795 |
| (E)(1) The superintendent may, in accordance with Chapter | 44796 |
| 119. of the Revised Code, adopt any rule necessary for the | 44797 |
| implementation of this section. | 44798 |
| (2) The superintendent may make any necessary arrangements, | 44799 |
| including contracting with an outside testing service, for the | 44800 |
| administration of the examinations and the collection of the fees | 44801 |
| required by this section. | 44802 |
| Sec. 3905.36. | 44803 |
| and (C) of this section, every insured association, company, | 44804 |
| corporation, or other person that enters, directly or indirectly, | 44805 |
| into any agreements with any insurance company, association, | 44806 |
| individual, firm, underwriter, or Lloyd, not authorized to do | 44807 |
| business in this state, whereby the insured shall procure, | 44808 |
| continue, or renew contracts of insurance covering subjects of | 44809 |
| insurance resident, located, or to be performed within this state, | 44810 |
| with such unauthorized insurance company, association, individual, | 44811 |
| firm, underwriter, or Lloyd, for which insurance there is a gross | 44812 |
| premium, membership fee, assessment, dues, or other consideration | 44813 |
| charged or collected, shall annually, on or before the | 44814 |
| thirty-first day of January, return to the superintendent of | 44815 |
| insurance a statement under oath showing the name and address of | 44816 |
| the insured, name and address of the insurer, subject of the | 44817 |
| insurance, general description of the coverage, and amount of | 44818 |
| gross premium, fee, assessment, dues, or other consideration for | 44819 |
| such insurance for the preceding twelve-month period and shall at | 44820 |
| the same time pay to the treasurer of state a tax of five per cent | 44821 |
| of such gross premium, fee, assessment, dues, or other | 44822 |
| consideration, after a deduction for return premium, if any, as | 44823 |
| calculated on a form prescribed by the treasurer of state. All | 44824 |
| taxes collected under this section by the treasurer of state shall | 44825 |
| be paid into the general revenue fund. If the tax is not paid when | 44826 |
| due, the tax shall be increased by a penalty of twenty-five per | 44827 |
| cent. An interest charge computed as set forth in section 5725.221 | 44828 |
| of the Revised Code shall be made on the entire sum of the tax | 44829 |
| plus penalty, which interest shall be computed from the date the | 44830 |
| tax is due until it is paid. For purposes of this section, payment | 44831 |
| is considered made when it is received by the treasurer of state, | 44832 |
| irrespective of any United States postal service marking or other | 44833 |
| stamp or mark indicating the date on which the payment may have | 44834 |
|
been mailed. | 44835 |
| (B) This section does not apply to: | 44836 |
| | 44837 |
| 44838 |
| | 44839 |
| solicited, written, and delivered outside this state covering only | 44840 |
| subjects of insurance not resident, located, or to be performed in | 44841 |
| this state at the time of issuance, provided such transactions are | 44842 |
| subsequent to the issuance of the policy; | 44843 |
| | 44844 |
| the adjustment of claims or losses; | 44845 |
| | 44846 |
| 44847 | |
| 44848 | |
| 44849 |
| | 44850 |
| 44851 | |
| 44852 | |
| 44853 | |
| 44854 | |
| 44855 | |
| 44856 |
| | 44857 |
| 44858 |
| | 44859 |
| (3) Transactions involving policies issued by a captive | 44860 |
| insurer. For this purpose, a "captive insurer" means any of the | 44861 |
| following: | 44862 |
| (a) An insurer owned by one or more individuals or | 44863 |
| organizations, whose exclusive purpose is to insure risks of one | 44864 |
| or more of the parent organizations or individual owners and risks | 44865 |
| of one or more affiliates of the parent organizations or | 44866 |
| individual owners; | 44867 |
| (b) In the case of groups and associations, insurers owned by | 44868 |
| the group or association whose exclusive purpose is to insure | 44869 |
| risks of members of the group or association and affiliates of the | 44870 |
| members; | 44871 |
| (c) Other types of insurers, licensed and operated in | 44872 |
| accordance with the captive insurance laws of their jurisdictions | 44873 |
| of domicile and operated in a manner so as to self-insure risks of | 44874 |
| their owners and insureds. | 44875 |
| | 44876 |
| to 3905.35 of the Revised Code, each person licensed under section | 44877 |
| 3905.30 of the Revised Code shall pay to the treasurer of state, | 44878 |
| on or before the thirty-first day of January of each year, five | 44879 |
| per cent of the balance of the gross premiums charged for | 44880 |
| insurance placed or procured under the license after a deduction | 44881 |
| for return premiums, as reported on a form prescribed by the | 44882 |
| treasurer of state. The tax shall be collected from the insured by | 44883 |
| the surplus line broker who placed or procured the policy of | 44884 |
| insurance at the time the policy is delivered to the insured. No | 44885 |
| license issued under section 3905.30 of the Revised Code shall be | 44886 |
| renewed until payment is made. If the tax is not paid when due, | 44887 |
| the tax shall be increased by a penalty of twenty-five per cent. | 44888 |
| An interest charge computed as set forth in section 5725.221 of | 44889 |
| the Revised Code shall be made on the entire sum of the tax plus | 44890 |
| penalty, which interest shall be computed from the date the tax is | 44891 |
| due until it is paid. For purposes of this section, payment is | 44892 |
| considered made when it is received by the treasurer of state, | 44893 |
| irrespective of any United States postal service marking or other | 44894 |
| stamp or mark indicating the date on which the payment may have | 44895 |
| been mailed. | 44896 |
| Sec. 3905.40. There shall be paid to the superintendent of | 44897 |
| insurance the following fees: | 44898 |
| (A) Each insurance company doing business in this state shall | 44899 |
| pay: | 44900 |
| (1) For filing a copy of its charter or deed of settlement, | 44901 |
| two hundred fifty dollars; | 44902 |
| (2) For filing each statement, | 44903 |
| seventy-five dollars; | 44904 |
| (3) For each certificate of authority or license, one hundred | 44905 |
| seventy-five, and for each certified copy thereof, five dollars; | 44906 |
| (4) For each copy of a paper filed in the superintendent's | 44907 |
| office, twenty cents per page; | 44908 |
| (5) For issuing certificates of deposits or certified copies | 44909 |
| thereof, five dollars for the first certificate or copy and one | 44910 |
| dollar for each additional certificate or copy; | 44911 |
| (6) For issuing certificates of compliance or certified | 44912 |
|
copies thereof, | 44913 |
| (7) For affixing the seal of office and certifying documents, | 44914 |
| other than those enumerated herein, two dollars. | 44915 |
| (B) Each domestic life insurance company doing business in | 44916 |
| this state shall pay for annual valuation of its policies, one | 44917 |
| cent on every one thousand dollars of insurance. | 44918 |
| (C) | 44919 |
| 44920 | |
| 44921 | |
| 44922 | |
| 44923 |
| | 44924 |
| pay ten dollars before admission to any examination required by | 44925 |
| the superintendent. Such fee shall not be paid by the appointing | 44926 |
| insurance company. | 44927 |
| | 44928 |
| for verifying that any amendment to its articles of incorporation | 44929 |
| was regularly adopted, two hundred fifty dollars with each | 44930 |
| application for verification. Any such amendment shall be | 44931 |
| considered to have been regularly adopted when approved by the | 44932 |
| affirmative vote of two-thirds of the policyholders present in | 44933 |
| person or by proxy at any annual meeting of policyholders or at a | 44934 |
| special meeting of policyholders called for that purpose. | 44935 |
| Sec. 3923.27. No policy of sickness and accident insurance | 44936 |
|
delivered, issued for delivery, or renewed in this state after
| 44937 |
| 44938 | |
| individual and group policies, that provides hospitalization | 44939 |
| coverage for mental illness shall exclude such coverage for the | 44940 |
| reason that the insured is hospitalized in an institution or | 44941 |
| facility receiving tax support from the state, any municipal | 44942 |
| corporation, county, or joint county board, whether such | 44943 |
| institution or facility is deemed charitable or otherwise, | 44944 |
| provided the institution or facility or portion thereof is fully | 44945 |
| accredited by the joint commission on accreditation of hospitals | 44946 |
| or certified under Titles XVIII and XIX of the "Social Security | 44947 |
| Act of 1935," 79 Stat. 291, 42 U.S.C.A. 1395, as amended. The | 44948 |
| insurance coverage shall provide payment amounting to the lesser | 44949 |
| of either the full amount of the statutory charge for the cost of | 44950 |
|
the services pursuant to | 44951 |
| section 5121.33 of the Revised Code or the benefits payable for | 44952 |
| the services under the applicable insurance policy. Insurance | 44953 |
| benefits for the coverage shall be paid so long as patients and | 44954 |
| their liable relatives retain their statutory liability pursuant | 44955 |
| to | 44956 |
| of the Revised Code. Only that portion or per cent of the benefits | 44957 |
| shall be payable that has been assigned, or ordered to be paid, to | 44958 |
| the state or other appropriate provider for services rendered by | 44959 |
| the institution or facility. | 44960 |
| Sec. 4112.12. (A) There is hereby created the commission on | 44961 |
| African-American males, which shall consist of not more than | 44962 |
| forty-one members as follows: the directors or their designees of | 44963 |
| the departments of health, development, alcohol and drug addiction | 44964 |
| services, job and family services, rehabilitation and correction, | 44965 |
| mental health, and youth services; the adjutant general or the | 44966 |
| adjutant general's designee; the equal employment opportunity | 44967 |
| officer of the department of administrative services or the equal | 44968 |
| employment opportunity officer's designee; the executive director | 44969 |
| or the executive director's designee of the Ohio civil rights | 44970 |
| commission; the executive director or the executive director's | 44971 |
|
designee of the
| 44972 |
| the department of public safety; the superintendent of public | 44973 |
| instruction; the chancellor or the chancellor's designee of the | 44974 |
| Ohio board of regents; two members of the house of representatives | 44975 |
| appointed by the speaker of the house of representatives; three | 44976 |
| members of the senate appointed by the president of the senate; | 44977 |
| and not more than twenty-three members appointed by the governor. | 44978 |
| The members appointed by the governor shall include an additional | 44979 |
| member of the governor's cabinet and at least one representative | 44980 |
| of each of the following: the national association for the | 44981 |
| advancement of colored people; the urban league; an organization | 44982 |
| representing black elected officials; an organization representing | 44983 |
| black attorneys; the black religious community; the black business | 44984 |
| community; the nonminority business community; and organized | 44985 |
| labor; at least one black medical doctor, one black elected member | 44986 |
| of a school board, and one black educator; and at least two | 44987 |
| representatives of local private industry councils. The remaining | 44988 |
| members that may be appointed by the governor shall be selected | 44989 |
| from elected officials, civic and community leaders, and | 44990 |
| representatives of the employment, criminal justice, education, | 44991 |
| and health communities. | 44992 |
| (B) Terms of office shall be for three years, with each term | 44993 |
| ending on the same day of the same month as did the term that it | 44994 |
| succeeds. Each member shall hold office from the date of | 44995 |
| appointment until the end of the term for which the member was | 44996 |
| appointed. Members may be reappointed. Vacancies shall be filled | 44997 |
| in the manner provided for original appointments. Any member | 44998 |
| appointed to fill a vacancy occurring prior to the expiration date | 44999 |
| of the term for which the member's predecessor was appointed shall | 45000 |
| hold office as a member for the remainder of that term. A member | 45001 |
| shall continue in office subsequent to the expiration date of the | 45002 |
| member's term until the member's successor takes office or until a | 45003 |
| period of sixty days has elapsed, whichever occurs first. | 45004 |
| The commission annually shall elect a chairperson from among | 45005 |
| its members. | 45006 |
| (C) Members of the commission and members of subcommittees | 45007 |
| appointed under division (B) of section 4112.13 of the Revised | 45008 |
| Code shall not be compensated, but shall be reimbursed for their | 45009 |
| necessary and actual expenses incurred in the performance of their | 45010 |
| official duties. | 45011 |
| (D)(1) The Ohio civil rights commission shall serve as the | 45012 |
| commission on African-American males' fiscal agent and shall | 45013 |
| perform all of the following services: | 45014 |
| (a) Prepare and process payroll and other personnel documents | 45015 |
| that the commission on African-American males approves; | 45016 |
| (b) Maintain ledgers of accounts and reports of account | 45017 |
| balances, and monitor budgets and allotment plans in consultation | 45018 |
| with the commission on African-American males; | 45019 |
| (c) Perform other routine support services that the executive | 45020 |
| director of the Ohio civil rights commission or the executive | 45021 |
| director's designee and the Commission on African-American males | 45022 |
| or its designee consider appropriate to achieve efficiency. | 45023 |
| (2) The Ohio civil rights commission shall not approve any | 45024 |
| payroll or other personnel-related documents or any biennial | 45025 |
| budget, grant, expenditure, audit, or fiscal-related document | 45026 |
| without the advice and consent of the commission on | 45027 |
| African-American males. | 45028 |
| (3) The Ohio civil rights commission shall determine fees to | 45029 |
| be charged to the commission on African-American males for | 45030 |
| services performed under this division, which shall be in | 45031 |
| proportion to the services performed for the commission on | 45032 |
| African-American males. | 45033 |
| (4) The commission on African-American males or its designee | 45034 |
| has: | 45035 |
| (a) Sole authority to draw funds for any federal program in | 45036 |
| which the commission is authorized to participate; | 45037 |
| (b) Sole authority to expend funds from accounts for programs | 45038 |
| and any other necessary expenses the commission on | 45039 |
| African-American males may incur; | 45040 |
| (c) The duty to cooperate with the Ohio civil rights | 45041 |
| commission to ensure that the Ohio civil rights commission is | 45042 |
| fully apprised of all financial transactions. | 45043 |
| (E) The commission on African-American males shall appoint an | 45044 |
| executive director, who shall be in the unclassified civil | 45045 |
| service. The executive director shall supervise the commission's | 45046 |
| activities and report to the commission on the progress of those | 45047 |
| activities. The executive director shall do all things necessary | 45048 |
| for the efficient and effective implementation of the duties of | 45049 |
| the commission. | 45050 |
| The responsibilities assigned to the executive director do | 45051 |
| not relieve the members of the commission from final | 45052 |
| responsibility for the proper performance of the requirements of | 45053 |
| this division. | 45054 |
| (F) The commission on African-American males shall: | 45055 |
| (1) Employ, promote, supervise, and remove all employees, as | 45056 |
| needed, in connection with the performance of its duties under | 45057 |
| this section; | 45058 |
| (2) Maintain its office in Columbus; | 45059 |
| (3) Acquire facilities, equipment, and supplies necessary to | 45060 |
| house the commission, its employees, and files and records under | 45061 |
| its control, and to discharge any duty imposed upon it by law. The | 45062 |
| expense of these acquisitions shall be audited and paid for in the | 45063 |
| same manner as other state expenses. | 45064 |
| (4) Prepare and submit to the office of budget and management | 45065 |
| a budget for each biennium in accordance with sections 101.55 and | 45066 |
| 107.03 of the Revised Code. The budget submitted shall cover the | 45067 |
| costs of the commission and its staff in the discharge of any duty | 45068 |
| imposed upon the commission by law. The commission shall pay its | 45069 |
| own payroll and other operating expenses from appropriation items | 45070 |
| designated by the general assembly. The commission shall not | 45071 |
| delegate any authority to obligate funds. | 45072 |
| (5) Establish the overall policy and management of the | 45073 |
| commission in accordance with this chapter; | 45074 |
| (6) Follow all state procurement requirements; | 45075 |
| (7) Pay fees owed to the Ohio civil rights commission under | 45076 |
| division (D) of this section from the commission on | 45077 |
| African-American males' general revenue fund or from any other | 45078 |
| fund from which the operating expenses of the commission on | 45079 |
| African-American males are paid. Any amounts set aside for a | 45080 |
| fiscal year for the payment of such fees shall be used only for | 45081 |
| the services performed for the commission on African-American | 45082 |
| males by the Ohio civil rights commission in that fiscal year. | 45083 |
| (G) The commission on African-American males may: | 45084 |
| (1) Hold sessions at any place within the state; | 45085 |
| (2) Establish, change, or abolish positions, and assign and | 45086 |
| reassign duties and responsibilities of any employee of the | 45087 |
| commission on African-American males as necessary to achieve the | 45088 |
| most efficient performance of its functions. | 45089 |
| Sec. 4115.03. As used in sections 4115.03 to 4115.16 of the | 45090 |
| Revised Code: | 45091 |
| (A) "Public authority" means any officer, board, or | 45092 |
| commission of the state, or any political subdivision of the | 45093 |
| state, authorized to enter into a contract for the construction of | 45094 |
| a public improvement or to construct the same by the direct | 45095 |
| employment of labor, or any institution supported in whole or in | 45096 |
| part by public funds and said sections apply to expenditures of | 45097 |
| such institutions made in whole or in part from public funds. | 45098 |
| (B) "Construction" means either of the following: | 45099 |
| (1) Any new construction of any public improvement, the total | 45100 |
| overall project cost of which is fairly estimated to be more than | 45101 |
| fifty thousand dollars adjusted biennially by the director of | 45102 |
| commerce pursuant to section 4115.034 of the Revised Code and | 45103 |
| performed by other than full-time employees who have completed | 45104 |
| their probationary periods in the classified service of a public | 45105 |
| authority; | 45106 |
| (2) Any reconstruction, enlargement, alteration, repair, | 45107 |
| remodeling, renovation, or painting of any public improvement, the | 45108 |
| total overall project cost of which is fairly estimated to be more | 45109 |
| than fifteen thousand dollars adjusted biennially by the | 45110 |
| administrator pursuant to section 4115.034 of the Revised Code and | 45111 |
| performed by other than full-time employees who have completed | 45112 |
| their probationary period in the classified civil service of a | 45113 |
| public authority. | 45114 |
| (C) "Public improvement" includes all buildings, roads, | 45115 |
| streets, alleys, sewers, ditches, sewage disposal plants, water | 45116 |
| works, and all other structures or works constructed by a public | 45117 |
| authority of the state or any political subdivision thereof or by | 45118 |
| any person who, pursuant to a contract with a public authority, | 45119 |
| constructs any structure for a public authority of the state or a | 45120 |
| political subdivision thereof. When a public authority rents or | 45121 |
| leases a newly constructed structure within six months after | 45122 |
| completion of such construction, all work performed on such | 45123 |
| structure to suit it for occupancy by a public authority is a | 45124 |
| "public improvement." "Public improvement" does not include an | 45125 |
| improvement authorized by section 1515.08 of the Revised Code that | 45126 |
| is constructed pursuant to a contract with a soil and water | 45127 |
| conservation district, as defined in section 1515.01 of the | 45128 |
| Revised Code, or performed as a result of a petition filed | 45129 |
| pursuant to Chapter 6131., 6133., or 6135. of the Revised Code, | 45130 |
| wherein no less than seventy-five per cent of the project is | 45131 |
| located on private land and no less than seventy-five per cent of | 45132 |
| the cost of the improvement is paid for by private property owners | 45133 |
| pursuant to Chapter 1515., 6131., 6133., or 6135. of the Revised | 45134 |
| Code. | 45135 |
| (D) "Locality" means the county wherein the physical work | 45136 |
| upon any public improvement is being performed. | 45137 |
| (E) "Prevailing wages" means the sum of the following: | 45138 |
| (1) The basic hourly rate of pay; | 45139 |
| (2) The rate of contribution irrevocably made by a contractor | 45140 |
| or subcontractor to a trustee or to a third person pursuant to a | 45141 |
| fund, plan, or program; | 45142 |
| (3) The rate of costs to the contractor or subcontractor | 45143 |
| which may be reasonably anticipated in providing the following | 45144 |
| fringe benefits to laborers and mechanics pursuant to an | 45145 |
| enforceable commitment to carry out a financially responsible plan | 45146 |
| or program which was communicated in writing to the laborers and | 45147 |
| mechanics affected: | 45148 |
| (a) Medical or hospital care or insurance to provide such; | 45149 |
| (b) Pensions on retirement or death or insurance to provide | 45150 |
| such; | 45151 |
| (c) Compensation for injuries or illnesses resulting from | 45152 |
| occupational activities if it is in addition to that coverage | 45153 |
| required by Chapters 4121. and 4123. of the Revised Code; | 45154 |
| (d) Supplemental unemployment benefits that are in addition | 45155 |
| to those required by Chapter 4141. of the Revised Code; | 45156 |
| (e) Life insurance; | 45157 |
| (f) Disability and sickness insurance; | 45158 |
| (g) Accident insurance; | 45159 |
| (h) Vacation and holiday pay; | 45160 |
| (i) Defraying of costs for apprenticeship or other similar | 45161 |
| training programs which are beneficial only to the laborers and | 45162 |
| mechanics affected; | 45163 |
| (j) Other bona fide fringe benefits. | 45164 |
| None of the benefits enumerated in division (E)(3) of this | 45165 |
| section may be considered in the determination of prevailing wages | 45166 |
| if federal, state, or local law requires contractors or | 45167 |
| subcontractors to provide any of such benefits. | 45168 |
| (F)
| 45169 |
| 45170 |
| | 45171 |
| 45172 | |
| 45173 |
| | 45174 |
| 45175 |
| | 45176 |
| 45177 | |
| 45178 | |
| 45179 | |
| 45180 | |
| 45181 |
| | 45182 |
| 45183 |
| | 45184 |
| means an individual who has an ownership interest or holds an | 45185 |
| office of trust, command, or authority in a corporation, business | 45186 |
| trust, partnership, or association. | 45187 |
| Sec. 4115.032. Construction on any project, facility, or | 45188 |
| project facility to which section 122.452, 122.80, 165.031, | 45189 |
| 166.02, 1551.13, 1728.07, or 3706.042 of the Revised Code applies | 45190 |
| is hereby deemed to be construction of a public improvement within | 45191 |
| section 4115.03 of the Revised Code. All contractors and | 45192 |
| subcontractors working on such projects, facilities, or project | 45193 |
| facilities shall be subject to and comply with sections 4115.03 to | 45194 |
|
4115.16 of the Revised Code, and the
director of commerce
shall | 45195 |
| 45196 | |
| sections to enforce compliance. | 45197 |
| The director shall make the determination of wages as | 45198 |
| required under sections 122.452, 122.80, 165.031, 166.02, 1551.13, | 45199 |
| 1728.07, and 3706.042 of the Revised Code and shall designate one | 45200 |
| of the director's employees to act as the prevailing wage | 45201 |
| coordinator under section 4115.071 for any project, facility, or | 45202 |
| project facility for which a coordinator has not been designated | 45203 |
| by any public authority. | 45204 |
| Sec. 4115.071. (A) Each contracting public authority that | 45205 |
| enters into a contract other than a contract for printing, | 45206 |
| binding, and related services, whose contractor and subcontractors | 45207 |
| are subject to sections 4115.03 to 4115.16 of the Revised Code | 45208 |
| shall, no later than ten days before the first payment of wages is | 45209 |
| payable to any employee of any contractor or subcontractor, | 45210 |
| designate and appoint one of its own employees to serve as the | 45211 |
| prevailing wage coordinator during the life of the contract. The | 45212 |
| duties of the coordinator shall include: | 45213 |
| (1) Setting up and maintaining, available for public | 45214 |
|
inspection including inspection by | 45215 |
| employees, files of payroll reports and affidavits submitted by | 45216 |
| contractors and subcontractors pursuant to sections 4115.03 to | 45217 |
| 4115.16 of the Revised Code; | 45218 |
| (2) Ascertaining from each contractor or subcontractor, at | 45219 |
| the beginning of performance under the contract, the dates during | 45220 |
| its life when payments of wages to employees are to be made; | 45221 |
| (3) Receiving from each contractor or subcontractor, a copy | 45222 |
| of the contractor's or subcontractor's complete payroll for each | 45223 |
| date exhibiting for each employee paid any wages, the employee's | 45224 |
| name, current address, social security number, number of hours | 45225 |
| worked each day during the pay period and the total for each week, | 45226 |
| the employee's hourly rate of pay, the employee's job | 45227 |
| classification, fringe payments, and deductions from the | 45228 |
| employee's wages; | 45229 |
| (4) Establishing and following procedures to monitor the | 45230 |
| compliance by each contractor and subcontractor with the | 45231 |
| requirement imposed by this section for timely filing of copies of | 45232 |
| payroll records; | 45233 |
| (5) Receiving from each contractor or subcontractor upon | 45234 |
| completion of the public improvement and prior to final payment | 45235 |
| therefor the affidavit required by section 4115.07 of the Revised | 45236 |
| Code; | 45237 |
| (6) Reporting any delinquency in the filing of the certified | 45238 |
| copy of the payroll and the affidavit to the chief officer of the | 45239 |
| contracting public authority and the director of commerce. | 45240 |
| (B) Any contracting public authority having a permanent | 45241 |
| employee with the title, powers, and functions described in | 45242 |
| division (A) of this section for the prevailing wage coordinator | 45243 |
| need not separately designate and appoint an employee for each | 45244 |
| public work contract entered into by the contracting public | 45245 |
| authority. | 45246 |
| (C) Every contractor and subcontractor who is subject to | 45247 |
| sections 4115.03 to 4115.16 of the Revised Code shall, upon | 45248 |
| beginning performance under the contractor's or subcontractor's | 45249 |
| contract with any contracting public authority, supply to the | 45250 |
| prevailing wage coordinator of the contracting public authority a | 45251 |
| schedule of the dates during the life of the contract with the | 45252 |
| authority on which the contractor or subcontractor is required to | 45253 |
| pay wages to employees. The contractor or subcontractor shall also | 45254 |
| deliver to the prevailing wage coordinator a certified copy of the | 45255 |
| contractor's or subcontractor's payroll, within two weeks after | 45256 |
| the initial pay date, and supplemental reports for each month | 45257 |
| thereafter which shall exhibit for each employee paid any wages, | 45258 |
| the employee's name, current address, social security number, | 45259 |
| number of hours worked during each day of the pay periods covered | 45260 |
| and the total for each week, the employee's hourly rate of pay, | 45261 |
| the employee's job classification, fringe payments, and deductions | 45262 |
| from the employee's wages. If the life of the contract is expected | 45263 |
| to be no more than four months from the beginning of performance | 45264 |
| by the contractor or subcontractor, such supplemental reports | 45265 |
| shall be filed each week after the initial report. The | 45266 |
| certification of each payroll shall be executed by the contractor, | 45267 |
| subcontractor, or duly appointed agent thereof and shall recite | 45268 |
| that the payroll is correct and complete and that the wage rates | 45269 |
| shown are not less than those required by the contract. | 45270 |
| (D) If it is found that a public authority or prevailing wage | 45271 |
| coordinator has not complied with this section, the director shall | 45272 |
| give notice thereof in writing to the public authority or | 45273 |
| prevailing wage coordinator. Sufficient time shall be allowed for | 45274 |
| compliance as the director deems necessary. At the expiration of | 45275 |
| the time prescribed in the notice, the director shall, in writing, | 45276 |
| inform the attorney general of the fact that notice has been given | 45277 |
| and that the public authority or prevailing wage coordinator to | 45278 |
| whom it was directed has not complied with it. On receipt thereof, | 45279 |
| the attorney general shall bring suit in the name of the state in | 45280 |
| the court of common pleas of the county in which the public | 45281 |
| authority is located, to require the public authority or | 45282 |
| prevailing wage coordinator to comply with this section. | 45283 |
| | 45284 |
| director of commerce alleging a violation of sections 4115.03 to | 45285 |
| 4115.16 of the Revised Code shall file the complaint within two | 45286 |
| years after the completion of the public improvement upon which | 45287 |
| the violation is alleged to have occurred or be barred from | 45288 |
| further administrative action under this chapter. | 45289 |
| Sec. 4115.32. (A) | 45290 |
| Revised Code, there is hereby created the state committee for the | 45291 |
| purchase of products and services provided by persons with severe | 45292 |
| disabilities. The committee shall be composed ex officio of the | 45293 |
| following persons, or their designees: | 45294 |
| (1) The directors of administrative services, mental health, | 45295 |
| mental retardation and developmental disabilities, transportation, | 45296 |
| natural resources, and commerce; | 45297 |
| (2) The administrators of the rehabilitation services | 45298 |
| commission and the bureau of workers' compensation; | 45299 |
| (3) The secretary of state; | 45300 |
| (4) One representative of a purchasing department of a | 45301 |
| political subdivision who is designated by the governor. | 45302 |
| The governor shall appoint two representatives of a qualified | 45303 |
| nonprofit agency for persons with severe disabilities, and a | 45304 |
| person with a severe disability to the committee. | 45305 |
| (B) Within thirty days after September 29, 1995, the governor | 45306 |
| shall appoint the representatives of a qualified nonprofit agency | 45307 |
| for persons with severe disabilities to the committee for a term | 45308 |
| ending August 31, 1996. Thereafter, terms for such representatives | 45309 |
| are for three years, each term ending on the same day of the same | 45310 |
| month of the year as did the term that it succeeds. Each committee | 45311 |
| member shall serve from the date of the member's appointment until | 45312 |
| the end of the term for which the member was appointed. Vacancies | 45313 |
| shall be filled in the same manner provided for original | 45314 |
| appointments. Any member appointed to fill a vacancy occurring | 45315 |
| prior to the expiration date of the term for which the member's | 45316 |
| predecessor was appointed shall serve as a member for the | 45317 |
| remainder of that term. A member shall serve subsequent to the | 45318 |
| expiration of the member's term and shall continue to serve until | 45319 |
| the member's successor takes office. | 45320 |
| (C) Members of the committee shall serve without | 45321 |
| compensation. Except as otherwise provided in divisions (C)(1) and | 45322 |
| (2) of this section, members shall be reimbursed for actual and | 45323 |
| necessary expenses, including travel expenses, incurred while away | 45324 |
| from their homes or regular places of business and incurred while | 45325 |
| performing services for the committee. | 45326 |
| (1) The members listed in divisions (A)(1) to (3) of this | 45327 |
| section, or their designees, shall not be reimbursed for any | 45328 |
| expenses. | 45329 |
| (2) No member of the committee who is entitled to receive | 45330 |
| reimbursement for the performance of services for the committee | 45331 |
| from another agency or entity shall receive reimbursement from the | 45332 |
| committee. | 45333 |
| (D) The committee shall elect from among its members a | 45334 |
| chairperson. The committee may request from any agency of the | 45335 |
| state, political subdivision, or instrumentality of the state any | 45336 |
| information necessary to enable it to carry out the intent of | 45337 |
| sections 4115.31 to 4115.35 of the Revised Code. Upon request of | 45338 |
| the committee, the agency, subdivision, or instrumentality shall | 45339 |
| furnish the information to the chairperson of the committee. | 45340 |
| (E) The committee shall not later than one hundred eighty | 45341 |
| days following the close of each fiscal year transmit to the | 45342 |
| governor, the general assembly, and each qualified nonprofit | 45343 |
| agency for persons with severe disabilities a report that includes | 45344 |
| the names of the committee members serving during the preceding | 45345 |
| fiscal year, the dates of committee meetings in that year, and any | 45346 |
| recommendations for changes in sections 4115.31 to 4115.35 of the | 45347 |
| Revised Code that the committee determines are necessary. | 45348 |
| (F) The director of | 45349 |
| 45350 | |
| to act as executive director of the committee and shall furnish | 45351 |
| other staff and clerical assistance, office space, and supplies | 45352 |
| required by the committee. | 45353 |
| Sec. 4115.34. (A) | 45354 |
| of the Revised Code, if any state agency, political subdivision, | 45355 |
| or instrumentality of the state intends to procure any product or | 45356 |
| service, it shall determine whether the product or service is on | 45357 |
| the procurement list published pursuant to section 4115.33 of the | 45358 |
| Revised Code; and it shall, in accordance with rules of the state | 45359 |
| committee for the purchase of products and services provided by | 45360 |
| persons with severe disabilities, procure such product or service | 45361 |
| at the fair market price established by the committee from a | 45362 |
| qualified nonprofit agency for persons with severe disabilities, | 45363 |
| if the product or service is on the procurement list and is | 45364 |
| available within the period required by that agency, subdivision, | 45365 |
| or instrumentality, notwithstanding any law requiring the purchase | 45366 |
| of products and services on a competitive bid basis. Sections | 45367 |
| 4115.31 to 4115.35 of the Revised Code do not apply if the | 45368 |
| products or services are available for procurement from any state | 45369 |
| agency, political subdivision, or instrumentality of the state and | 45370 |
| procurement from such agency, subdivision, or instrumentality is | 45371 |
| required under any law in effect on August 13, 1976. | 45372 |
| (B) The committee and any state agency, political | 45373 |
| subdivision, or instrumentality of the state may enter into | 45374 |
| contractual agreements, cooperative working relationships, or | 45375 |
| other arrangements determined necessary for effective coordination | 45376 |
| and efficient realization of the objectives of sections 4115.31 to | 45377 |
| 4115.35 of the Revised Code and any other law requiring | 45378 |
| procurement of products or services from any state agency, | 45379 |
| political subdivision, or instrumentality of the state. | 45380 |
| (C) Notwithstanding any other section of the Revised Code, or | 45381 |
| any appropriations act, that may require a state agency, political | 45382 |
| subdivision, or instrumentality of the state to purchase supplies, | 45383 |
| services, or materials by means of a competitive bid procedure, | 45384 |
| state agencies, political subdivisions, or instrumentalities of | 45385 |
| the state need not utilize the required bidding procedures if the | 45386 |
| supplies, services, or materials are to be purchased from a | 45387 |
| qualified nonprofit agency pursuant to sections 4115.31 to 4115.35 | 45388 |
| of the Revised Code. | 45389 |
| Sec. 4115.36. Sections 4115.31 to 4115.35 of the Revised Code | 45390 |
| have no effect after the director of administrative services | 45391 |
| abolishes the state committee for the purchase of products and | 45392 |
| services provided by persons with severe disabilities. Upon | 45393 |
| abolishment of the committee, sections 125.60 to 125.6012 of the | 45394 |
| Revised Code shall govern the procurement of products and services | 45395 |
| provided by persons with work-limiting disabilities from qualified | 45396 |
| nonprofit agencies. | 45397 |
| Sec. 4117.10. (A) An agreement between a public employer and | 45398 |
| an exclusive representative entered into pursuant to this chapter | 45399 |
| governs the wages, hours, and terms and conditions of public | 45400 |
| employment covered by the agreement. If the agreement provides for | 45401 |
| a final and binding arbitration of grievances, public employers, | 45402 |
| employees, and employee organizations are subject solely to that | 45403 |
| grievance procedure and the state personnel board of review or | 45404 |
| civil service commissions have no jurisdiction to receive and | 45405 |
| determine any appeals relating to matters that were the subject of | 45406 |
| a final and binding grievance procedure. Where no agreement exists | 45407 |
| or where an agreement makes no specification about a matter, the | 45408 |
| public employer and public employees are subject to all applicable | 45409 |
| state or local laws or ordinances pertaining to the wages, hours, | 45410 |
| and terms and conditions of employment for public employees. Laws | 45411 |
| pertaining to civil rights, affirmative action, unemployment | 45412 |
| compensation, workers' compensation, the retirement of public | 45413 |
| employees, and residency requirements, the minimum educational | 45414 |
| requirements contained in the Revised Code pertaining to public | 45415 |
| education including the requirement of a certificate by the fiscal | 45416 |
| officer of a school district pursuant to section 5705.41 of the | 45417 |
| Revised Code, the provisions of division (A) of section 124.34 of | 45418 |
| the Revised Code governing the disciplining of officers and | 45419 |
| employees who have been convicted of a felony, and the minimum | 45420 |
| standards promulgated by the state board of education pursuant to | 45421 |
| division (D) of section 3301.07 of the Revised Code prevail over | 45422 |
| conflicting provisions of agreements between employee | 45423 |
| organizations and public employers. The law pertaining to the | 45424 |
| leave of absence and compensation provided under section 5923.05 | 45425 |
| of the Revised Code prevails over any conflicting provisions of | 45426 |
| such agreements if the terms of the agreement contain benefits | 45427 |
| which are less than those contained in that section or the | 45428 |
| agreement contains no such terms and the public authority is the | 45429 |
| state or any agency, authority, commission, or board of the state | 45430 |
| or if the public authority is another entity listed in division | 45431 |
| (B) of section 4117.01 of the Revised Code that elects to provide | 45432 |
| leave of absence and compensation as provided in section 5923.05 | 45433 |
| of the Revised Code. Except for sections 306.08, 306.12, 306.35, | 45434 |
| and 4981.22 of the Revised Code and arrangements entered into | 45435 |
| thereunder, and section 4981.21 of the Revised Code as necessary | 45436 |
| to comply with section 13(c) of the "Urban Mass Transportation Act | 45437 |
| of 1964," 87 Stat. 295, 49 U.S.C.A. 1609(c), as amended, and | 45438 |
| arrangements entered into thereunder, this chapter prevails over | 45439 |
| any and all other conflicting laws, resolutions, provisions, | 45440 |
| present or future, except as otherwise specified in this chapter | 45441 |
| or as otherwise specified by the general assembly. Nothing in this | 45442 |
| section prohibits or shall be construed to invalidate the | 45443 |
| provisions of an agreement establishing supplemental workers' | 45444 |
| compensation or unemployment compensation benefits or exceeding | 45445 |
| minimum requirements contained in the Revised Code pertaining to | 45446 |
| public education or the minimum standards promulgated by the state | 45447 |
| board of education pursuant to division (D) of section 3301.07 of | 45448 |
| the Revised Code. | 45449 |
| (B) The public employer shall submit a request for funds | 45450 |
| necessary to implement an agreement and for approval of any other | 45451 |
| matter requiring the approval of the appropriate legislative body | 45452 |
| to the legislative body within fourteen days of the date on which | 45453 |
| the parties finalize the agreement, unless otherwise specified, | 45454 |
| but if the appropriate legislative body is not in session at the | 45455 |
| time, then within fourteen days after it convenes. The legislative | 45456 |
| body must approve or reject the submission as a whole, and the | 45457 |
| submission is deemed approved if the legislative body fails to act | 45458 |
| within thirty days after the public employer submits the | 45459 |
| agreement. The parties may specify that those provisions of the | 45460 |
| agreement not requiring action by a legislative body are effective | 45461 |
| and operative in accordance with the terms of the agreement, | 45462 |
| provided there has been compliance with division (C) of this | 45463 |
| section. If the legislative body rejects the submission of the | 45464 |
| public employer, either party may reopen all or part of the entire | 45465 |
| agreement. | 45466 |
| As used in this section, "legislative body" includes | 45467 |
| 45468 | |
| school district, college or university, village, township, or | 45469 |
| board of county commissioners or any other body that has authority | 45470 |
| to approve the budget of their public jurisdiction and, with | 45471 |
| regard to the state, "legislative body" means the controlling | 45472 |
| board. | 45473 |
| (C) The chief executive officer, or the chief executive | 45474 |
| officer's representative, of each municipal corporation, the | 45475 |
| designated representative of the board of education of each school | 45476 |
| district, college or university, or any other body that has | 45477 |
| authority to approve the budget of their public jurisdiction, the | 45478 |
| designated representative of the board of county commissioners and | 45479 |
| of each elected officeholder of the county whose employees are | 45480 |
| covered by the collective negotiations, and the designated | 45481 |
| representative of the village or the board of township trustees of | 45482 |
| each township is responsible for negotiations in the collective | 45483 |
| bargaining process; except that the legislative body may accept or | 45484 |
| reject a proposed collective bargaining agreement. When the | 45485 |
| matters about which there is agreement are reduced to writing and | 45486 |
| approved by the employee organization and the legislative body, | 45487 |
| the agreement is binding upon the legislative body, the employer, | 45488 |
| and the employee organization and employees covered by the | 45489 |
| agreement. | 45490 |
| (D) There is hereby established an office of collective | 45491 |
| bargaining in the department of administrative services for the | 45492 |
| purpose of negotiating with and entering into written agreements | 45493 |
| between state agencies, departments, boards, and commissions and | 45494 |
| the exclusive representative on matters of wages, hours, terms and | 45495 |
| other conditions of employment and the continuation, modification, | 45496 |
| or deletion of an existing provision of a collective bargaining | 45497 |
| agreement. Nothing in any provision of law to the contrary shall | 45498 |
| be interpreted as excluding the bureau of workers' compensation | 45499 |
| and the industrial commission from the preceding sentence. This | 45500 |
| office shall not negotiate on behalf of other statewide elected | 45501 |
| officials or boards of trustees of state institutions of higher | 45502 |
| education who shall be considered as separate public employers for | 45503 |
| the purposes of this chapter; however, the office may negotiate on | 45504 |
| behalf of these officials or trustees where authorized by the | 45505 |
| officials or trustees. The staff of the office of collective | 45506 |
| bargaining are in the unclassified service. The director of | 45507 |
| administrative services shall fix the compensation of the staff. | 45508 |
| The office of collective bargaining shall: | 45509 |
| (1) Assist the director in formulating management's | 45510 |
| philosophy for public collective bargaining as well as planning | 45511 |
| bargaining strategies; | 45512 |
| (2) Conduct negotiations with the exclusive representatives | 45513 |
| of each employee organization; | 45514 |
| (3) Coordinate the state's resources in all mediation, | 45515 |
| fact-finding, and arbitration cases as well as in all labor | 45516 |
| disputes; | 45517 |
| (4) Conduct systematic reviews of collective bargaining | 45518 |
| agreements for the purpose of contract negotiations; | 45519 |
| (5) Coordinate the systematic compilation of data by all | 45520 |
| agencies that is required for negotiating purposes; | 45521 |
| (6) Prepare and submit an annual report and other reports as | 45522 |
| requested to the governor and the general assembly on the | 45523 |
| implementation of this chapter and its impact upon state | 45524 |
| government. | 45525 |
| Sec. 4117.103. Notwithstanding any provision of section | 45526 |
| 4117.08 or 4117.10 of the Revised Code to the contrary, no | 45527 |
| agreement entered into under this chapter on or after the | 45528 |
| effective date of this section shall prohibit a school district | 45529 |
| board of education from utilizing volunteers to assist the | 45530 |
| district and its schools in performing any of their functions, | 45531 |
| other than functions for which a license, permit, or certificate | 45532 |
| issued by the state board of education under section 3301.074 or | 45533 |
| Chapter 3319. of the Revised Code or a certificate issued under | 45534 |
| division (A) or (B) of section 3327.10 of the Revised Code is | 45535 |
| required. | 45536 |
| Sec. 4117.24. The training | 45537 |
| fund is hereby created in the state treasury. The state employment | 45538 |
| relations board shall deposit into the
training | 45539 |
| and grants fund all | 45540 |
| sources: | 45541 |
| (A) Payments received by the board for copies of documents, | 45542 |
| rulebooks, and other publications; | 45543 |
| (B) Fees received from seminar
participants; | 45544 |
| (C) Receipts from the sale of clearinghouse data; | 45545 |
| (D) Moneys received from grants, donations, awards, bequests, | 45546 |
| gifts, reimbursements, and similar funds; | 45547 |
| (E) Reimbursement received for professional services and | 45548 |
| expenses related to professional services; | 45549 |
| (F) Funds received to support the development of labor | 45550 |
| relations services and programs. The state employment relations | 45551 |
| board shall use all moneys deposited into the training
| 45552 |
| publications, and grants fund to defray the costs of furnishing | 45553 |
| and making available copies of documents, rulebooks, and other | 45554 |
| publications; the costs of planning, organizing, and conducting | 45555 |
| training seminars; the costs associated with grant projects, | 45556 |
| innovative labor-management cooperation programs, research | 45557 |
| projects related to these grants and programs, and the advancement | 45558 |
| in professionalism of public sector relations; the professional | 45559 |
| development of board employees; and the costs of compiling | 45560 |
| clearinghouse data. | 45561 |
| The board may seek, solicit, apply for, receive, and accept | 45562 |
| grants, gifts, and contributions of money, property, labor, and | 45563 |
| other things of value to be held for, used for, and applied to | 45564 |
| only the purpose for which the grants, gifts, and contributions | 45565 |
| are made, from individuals, private and public corporations, the | 45566 |
| United States or any agency thereof, the state or any agency | 45567 |
| thereof, and any political subdivision of the state, and may enter | 45568 |
| into any contract with any such public or private source in | 45569 |
| connection therewith to be held for, used for, and applied to only | 45570 |
| the purposes for which such grants are made and contracts are | 45571 |
| entered into, all subject to and in accordance with the purposes | 45572 |
| of this chapter. Any money received from the grants, gifts, | 45573 |
| contributions, or contracts shall be deposited into the training, | 45574 |
| publications, and grants fund. | 45575 |
| Sec. 4121.12. (A) There is hereby created the workers' | 45576 |
|
compensation oversight commission consisting of | 45577 |
| members, of which members the governor shall appoint five with the | 45578 |
| advice and consent of the senate. Of the five members the governor | 45579 |
| appoints, two shall be individuals who, on account of their | 45580 |
| previous vocation, employment, or affiliations, can be classed as | 45581 |
| representative of employees, at least one of whom is | 45582 |
| representative of employees who are members of an employee | 45583 |
| organization; two shall be individuals who, on account of their | 45584 |
| previous vocation, employment, or affiliations, can be classed as | 45585 |
| representative of employers, one of whom represents self-insuring | 45586 |
| employers and one of whom has experience as an employer in | 45587 |
| compliance with section 4123.35 of the Revised Code other than a | 45588 |
| self-insuring employer, and one of those two representatives also | 45589 |
| shall represent employers whose employees are not members of an | 45590 |
| employee organization; and one shall represent the public and also | 45591 |
| be an individual who, on account of the individual's previous | 45592 |
| vocation, employment, or affiliations, cannot be classed as either | 45593 |
| predominantly representative of employees or of employers. The | 45594 |
| governor shall select the chairperson of the commission who shall | 45595 |
| serve as chairperson at the pleasure of the governor. No more than | 45596 |
| three members appointed by the governor shall belong to or be | 45597 |
| affiliated with the same political party. | 45598 |
| Each of these five members shall have at least three years' | 45599 |
| experience in the field of insurance, finance, workers' | 45600 |
| compensation, law, accounting, actuarial, personnel, investments, | 45601 |
| or data processing, or in the management of an organization whose | 45602 |
| size is commensurate with that of the bureau of workers' | 45603 |
| compensation. At least one of these five members shall be an | 45604 |
| attorney licensed under Chapter 4705. of the Revised Code to | 45605 |
| practice law in this state. | 45606 |
| (B) Of the initial appointments made to the commission, the | 45607 |
| governor shall appoint one member who represents employees to a | 45608 |
| term ending one year after September 1, 1995, one member who | 45609 |
| represents employers to a term ending two years after September 1, | 45610 |
| 1995, the member who represents the public to a term ending three | 45611 |
| years after September 1, 1995, one member who represents employees | 45612 |
| to a term ending four years after September 1, 1995, and one | 45613 |
| member who represents employers to a term ending five years after | 45614 |
| September 1, 1995. Thereafter, terms of office shall
be for | 45615 |
| three years, with each term ending on the same day of the same | 45616 |
| month as did the term that it succeeds. Each member shall hold | 45617 |
| office from the date of the member's appointment until the end of | 45618 |
| the term for which the member was appointed. | 45619 |
| The governor shall not appoint any person to more than two | 45620 |
| full terms of office on the commission. This restriction does not | 45621 |
| prevent the governor from appointing a person to fill a vacancy | 45622 |
| caused by the death, resignation, or removal of a commission | 45623 |
| member and also appointing that person twice to full terms on the | 45624 |
| commission, or from appointing a person previously appointed to | 45625 |
| fill less than a full term twice to full terms on the commission. | 45626 |
| Any member appointed to fill a vacancy occurring prior to the | 45627 |
| expiration date of the term for which the member's predecessor was | 45628 |
| appointed shall hold office as a member for the remainder of that | 45629 |
| term. A member shall continue in office subsequent to the | 45630 |
| expiration date of the member's term until a successor takes | 45631 |
| office or until a period of sixty days has elapsed, whichever | 45632 |
| occurs first. | 45633 |
| (C) In making appointments to the commission, the governor | 45634 |
| shall select the members from the list of names submitted by the | 45635 |
| workers' compensation oversight commission nominating committee | 45636 |
| pursuant to this division. Within fourteen days after the governor | 45637 |
| calls the initial meeting of the nominating committee pursuant to | 45638 |
| division (C) of section 4121.123 of the Revised Code, the | 45639 |
| nominating committee shall submit to the governor, for the initial | 45640 |
| appointments, a list containing four separate names for each of | 45641 |
| the members on the commission. Within fourteen days after the | 45642 |
| submission of the list, the governor shall appoint individuals | 45643 |
| from the list. | 45644 |
| For the appointment of the member who is representative of | 45645 |
| employees who are members of an employee organization, both for | 45646 |
| initial appointments and for the filling of vacancies, the list of | 45647 |
| four names submitted by the nominating committee shall be | 45648 |
| comprised of four individuals who are members of the executive | 45649 |
| committee of the largest statewide labor federation. | 45650 |
| Thereafter, within sixty days after a vacancy occurring as a | 45651 |
| result of the expiration of a term and within thirty days after | 45652 |
| other vacancies occurring on the commission, the nominating | 45653 |
| committee shall submit a list containing four names for each | 45654 |
| vacancy. Within fourteen days after the submission of the list, | 45655 |
| the governor shall appoint individuals from the list. With respect | 45656 |
| to the filling of vacancies, the nominating committee shall | 45657 |
| provide the governor with a list of four individuals who are, in | 45658 |
| the judgment of the nominating committee, the most fully qualified | 45659 |
| to accede to membership on the commission. The nominating | 45660 |
| committee shall not include the name of an individual upon the | 45661 |
| list for the filling of vacancies if the appointment of that | 45662 |
| individual by the governor would result in more than three members | 45663 |
| of the commission belonging to or being affiliated with the same | 45664 |
| political party. The committee shall include on the list for the | 45665 |
| filling of vacancies only the names of attorneys admitted to | 45666 |
| practice law in this state if, to fulfill the requirement of | 45667 |
| division (A) of section 4121.12 of the Revised Code, the vacancy | 45668 |
| must be filled by an attorney. | 45669 |
| In order for the name of an individual to be submitted to the | 45670 |
| governor under this division, the nominating committee shall | 45671 |
| approve the individual by an affirmative vote of a majority of its | 45672 |
| members. | 45673 |
| (D) The commission shall also consist of two members, known | 45674 |
| as the investment expert members. One investment expert member | 45675 |
| shall be appointed by the treasurer of state and one investment | 45676 |
| expert member shall be jointly appointed by the speaker of the | 45677 |
| house of representatives and the president of the senate. Each | 45678 |
| investment expert member shall have the following qualifications: | 45679 |
| (1) Be a resident of this state: | 45680 |
| (2) Within the three years immediately preceding the | 45681 |
| appointment, not have been employed by the bureau of workers' | 45682 |
| compensation or by any person, partnership, or corporation that | 45683 |
| has provided to the bureau services of a financial or investment | 45684 |
| nature, including the management, analysis, supervision, or | 45685 |
| investment of assets; | 45686 |
| (3) Have direct experience in the management, analysis, | 45687 |
| supervision, or investment of assets. | 45688 |
| Terms of office of the investment expert members shall be for | 45689 |
| three years, with each term ending on the same day of the same | 45690 |
| month as did the term that it succeeds. Each member shall hold | 45691 |
| office for the date of the member's appointment until the end of | 45692 |
| the term for which the member was appointed. The president, | 45693 |
| speaker, and treasurer shall not appoint any person to more than | 45694 |
| two full terms of office on the commission. This restriction does | 45695 |
| not prevent the president, speaker, and treasurer from appointing | 45696 |
| a person to fill a vacancy caused by the death, resignation, or | 45697 |
| removal of a commission member and also appointing that person | 45698 |
| twice to full terms on the commission, or from appointing a person | 45699 |
| previously appointed to fill less than a full term twice to full | 45700 |
| terms on the commission. Any investment expert member appointed to | 45701 |
| fill a vacancy occurring prior to the expiration of the term for | 45702 |
| which the member's predecessor was appointed shall hold office | 45703 |
| until the end of that term. The member shall continue in office | 45704 |
| subsequent to the expiration date of the member's term until the | 45705 |
| member's successor takes office or until a period of sixty days | 45706 |
| has elapsed, whichever occurs first. | 45707 |
| The investment expert members of the oversight commission | 45708 |
| shall vote only on investment matters. | 45709 |
| (E) The remaining four members of the commission shall be the | 45710 |
| chairperson and ranking minority member of the standing committees | 45711 |
| of the house of representatives and of the senate to which | 45712 |
| legislation concerning this chapter and Chapters 4123., 4127., and | 45713 |
| 4131. of the Revised Code normally are referred, or a designee of | 45714 |
| the chairperson or ranking minority member, provided that the | 45715 |
| designee is a member of the standing committee. Legislative | 45716 |
| members shall serve during the session of the general assembly to | 45717 |
| which they are elected and for as long as they are members of the | 45718 |
| general assembly. Legislative members shall serve in an advisory | 45719 |
| capacity to the commission and shall have no voting rights on | 45720 |
| matters coming before the commission. Membership on the commission | 45721 |
| by legislative members shall not be deemed as holding a public | 45722 |
| office. | 45723 |
| | 45724 |
| reasonable and necessary expenses pursuant to section 126.31 of | 45725 |
| the Revised Code while engaged in the performance of their duties | 45726 |
| as members. | 45727 |
| 45728 | |
| and the investment expert members also shall receive an annual | 45729 |
| salary | 45730 |
| | 45731 |
| 45732 | |
| 45733 | |
| 45734 | |
| 45735 | |
| 45736 | |
| 45737 | |
| 45738 |
| | 45739 |
| dollars payable on the following basis: | 45740 |
| | 45741 |
| section, a member shall receive two thousand dollars during a | 45742 |
| month in which the member attends one or more meetings of the | 45743 |
| commission and shall receive no payment during a month in which | 45744 |
| the member attends no meeting of the commission. | 45745 |
| | 45746 |
| thousand dollar salary regardless of the number of meetings held | 45747 |
| by the commission during a year or the number of meetings in | 45748 |
| excess of nine within a year that the member attends. | 45749 |
| The chairperson of the commission shall set the meeting dates | 45750 |
| of the commission as necessary to perform the duties of the | 45751 |
| commission under this chapter and Chapters 4123., 4127., and 4131. | 45752 |
| of the Revised Code. The commission shall meet at least nine times | 45753 |
| during the period commencing on the first day of September and | 45754 |
| ending on the thirty-first day of August of the following year. | 45755 |
| The administrator of workers' compensation shall provide | 45756 |
| professional and clerical assistance to the commission, as the | 45757 |
| commission considers appropriate. | 45758 |
| | 45759 |
| (1) Review progress of the bureau in meeting its cost and | 45760 |
| quality objectives and in complying with this chapter and Chapters | 45761 |
| 4123., 4127., and 4131. of the Revised Code; | 45762 |
| (2) Issue an annual report on the cost and quality objectives | 45763 |
| of the bureau to the president of the senate, the speaker of the | 45764 |
| house of representatives, and the governor; | 45765 |
| (3) Review all independent financial audits of the bureau. | 45766 |
| The administrator shall provide access to records of the bureau to | 45767 |
| facilitate the review required under this division. | 45768 |
| (4) Study issues as requested by the administrator or the | 45769 |
| governor; | 45770 |
| (5) Contract with an independent actuarial firm to assist the | 45771 |
| commission in making recommendations to the administrator | 45772 |
| regarding premium rates; | 45773 |
| (6) Establish objectives, policies, and criteria for the | 45774 |
| administration of the investment program that include asset | 45775 |
| allocation targets and ranges, risk factors, asset class | 45776 |
| benchmarks, time horizons, total return objectives, and | 45777 |
| performance evaluation guidelines, and monitor the administrator's | 45778 |
| progress in implementing the objectives, policies, and criteria on | 45779 |
| a quarterly basis. The commission shall review and publish the | 45780 |
| objectives, policies, and criteria no less than annually and shall | 45781 |
| make copies available to interested parties. The commission shall | 45782 |
| prohibit, on a prospective basis, any
specific investment | 45783 |
| it finds to be contrary to its investment objectives, policies, | 45784 |
| and criteria. | 45785 |
| | 45786 |
| 45787 | |
| 45788 | |
| 45789 |
| The objectives, policies, and criteria adopted by the | 45790 |
| commission for the operation of the investment program shall | 45791 |
| prohibit investing assets of funds, directly or indirectly, in | 45792 |
| vehicles that target any of the following: | 45793 |
| (a) Coins; | 45794 |
| (b) Artwork; | 45795 |
| (c) Horses; | 45796 |
| (d) Jewelry or gems; | 45797 |
| (e) Stamps; | 45798 |
| (f) Antiques; | 45799 |
| (g) Artifacts; | 45800 |
| (h) Collectibles; | 45801 |
| (i) Memorabilia; | 45802 |
| (j) Similar unregulated investments that are not commonly | 45803 |
| part of an institutional portfolio, that lack liquidity, and that | 45804 |
| lack readily determinable valuation. | 45805 |
| (7) Specify in the objectives, policies, and criteria for the | 45806 |
| investment program that the administrator is permitted to invest | 45807 |
| in an investment class only if the commission, by a majority vote, | 45808 |
| opens that class. After the commission opens a class but prior to | 45809 |
| the administrator investing in that class, the commission shall | 45810 |
| adopt rules establishing due diligence standards for employees' of | 45811 |
| the bureau to follow when investing in that class and shall | 45812 |
| establish policies and procedures to review and monitor the | 45813 |
| performance and value of each investment class. The commission | 45814 |
| shall submit a report annually on the performance and value of | 45815 |
| each investment class to the governor, the president of the | 45816 |
| senate, and the speaker of the house of representatives. The | 45817 |
| commission may vote to close any investment class. | 45818 |
| (8) Advise and consent on all of the following: | 45819 |
| (a) Administrative rules the administrator submits to it | 45820 |
| pursuant to division (B)(5) of section 4121.121 of the Revised | 45821 |
| Code for the classification of occupations or industries, for | 45822 |
| premium rates and contributions, for the amount to be credited to | 45823 |
| the surplus fund, for rules and systems of rating, rate revisions, | 45824 |
| and merit rating; | 45825 |
| (b) The overall policy of the bureau of workers' compensation | 45826 |
| as set by the administrator; | 45827 |
| (c) The duties and authority conferred upon the administrator | 45828 |
| pursuant to section 4121.37 of the Revised Code; | 45829 |
| (d) Rules the administrator adopts for the health partnership | 45830 |
| program and the qualified health plan system, as provided in | 45831 |
| sections 4121.44, 4121.441, and 4121.442 of the Revised Code; | 45832 |
| (e) Rules the administrator submits to it pursuant to Chapter | 45833 |
| 4167. of the Revised Code regarding the public employment risk | 45834 |
| reduction program and the protection of public health care workers | 45835 |
| from exposure incidents. | 45836 |
| As used in this division, "public health care worker" and | 45837 |
| "exposure incident" have the same meanings as in section 4167.25 | 45838 |
| of the Revised Code. | 45839 |
| | 45840 |
| the Revised Code. | 45841 |
| | 45842 |
| convicted of or pleads guilty to a felony, a theft offense as | 45843 |
| defined in section 2913.01 of the Revised Code, or a violation of | 45844 |
| section 102.02, 102.03, 102.04, 2921.02, 2921.11, 2921.13, | 45845 |
| 2921.31, 2921.41, 2921.42, 2921.43, or 2921.44 of the Revised Code | 45846 |
| shall be deemed vacant. The vacancy shall be filled in the same | 45847 |
| manner as the original appointment. A person who has pleaded | 45848 |
| guilty to or been convicted of an offense of that nature is | 45849 |
| ineligible to be a member of the commission. A member who receives | 45850 |
| a bill of indictment for any of the offenses specified in this | 45851 |
| section shall be automatically suspended from the commission | 45852 |
| pending resolution of the criminal matter. | 45853 |
| (I) As used in this section, "employee organization" means | 45854 |
| any labor or bona fide organization in which employees participate | 45855 |
| and which exists for the purpose, in whole or in part, of dealing | 45856 |
| with employers concerning grievances, labor disputes, wages, | 45857 |
| hours, terms and other conditions of employment. | 45858 |
| Sec. 4121.121. (A) There is hereby created the bureau of | 45859 |
| workers' compensation, which shall be administered by the | 45860 |
| administrator of workers' compensation. A person appointed to the | 45861 |
| position of administrator shall possess significant management | 45862 |
| experience in effectively managing an organization or | 45863 |
| organizations of substantial size and complexity. The governor | 45864 |
| shall appoint the administrator as provided in section 121.03 of | 45865 |
| the Revised Code, and the administrator shall serve at the | 45866 |
| pleasure of the governor. The governor shall fix the | 45867 |
| administrator's salary on the basis of the administrator's | 45868 |
| experience and the administrator's responsibilities and duties | 45869 |
| under this chapter and Chapters 4123., 4127., 4131., and 4167. of | 45870 |
| the Revised Code. The governor shall not appoint to the position | 45871 |
| of administrator any person who has, or whose spouse has, given a | 45872 |
| contribution to the campaign committee of the governor in an | 45873 |
| amount greater than one thousand dollars during the two-year | 45874 |
| period immediately preceding the date of the appointment of the | 45875 |
| administrator. | 45876 |
| The administrator shall hold no other public office and shall | 45877 |
| devote full time to the duties of administrator. Before entering | 45878 |
| upon the duties of the office, the administrator shall take an | 45879 |
| oath of office as required by sections 3.22 and 3.23 of the | 45880 |
| Revised Code, and shall file in the office of the secretary of | 45881 |
| state, a bond signed by the administrator and by surety approved | 45882 |
| by the governor, for the sum of fifty thousand dollars payable to | 45883 |
| the state, conditioned upon the faithful performance of the | 45884 |
| administrator's duties. | 45885 |
| (B) The administrator is responsible for the management of | 45886 |
| the bureau of workers' compensation and for the discharge of all | 45887 |
| administrative duties imposed upon the administrator in this | 45888 |
| chapter and Chapters 4123., 4127., 4131., and 4167. of the Revised | 45889 |
| Code, and in the discharge thereof shall do all of the following: | 45890 |
| (1) Establish the overall administrative policy of the bureau | 45891 |
| for the purposes of this chapter and Chapters 4123., 4127., 4131., | 45892 |
| and 4167. of the Revised Code, and perform all acts and exercise | 45893 |
| all authorities and powers, discretionary and otherwise that are | 45894 |
| required of or vested in the bureau or any of its employees in | 45895 |
| this chapter and Chapters 4123., 4127., 4131., and 4167. of the | 45896 |
| Revised Code, except the acts and the exercise of authority and | 45897 |
| power that is required of and vested in the oversight commission | 45898 |
| or the industrial commission pursuant to those chapters. The | 45899 |
| treasurer of state shall honor all warrants signed by the | 45900 |
| administrator, or by one or more of the administrator's employees, | 45901 |
| authorized by the administrator in writing, or bearing the | 45902 |
| facsimile signature of the administrator or such employee under | 45903 |
| sections 4123.42 and 4123.44 of the Revised Code. | 45904 |
| (2) Employ, direct, and supervise all employees required in | 45905 |
| connection with the performance of the duties assigned to the | 45906 |
| bureau by this chapter and Chapters 4123., 4127., 4131., and 4167. | 45907 |
| of the Revised Code, and may establish job classification plans | 45908 |
| and compensation for all employees of the bureau provided that | 45909 |
| this grant of authority shall not be construed as affecting any | 45910 |
| employee for whom the state employment relations board has | 45911 |
| established an appropriate bargaining unit under section 4117.06 | 45912 |
| of the Revised Code. All positions of employment in the bureau are | 45913 |
| in the classified civil service except those employees the | 45914 |
| administrator may appoint to serve at the administrator's pleasure | 45915 |
| in the unclassified civil service pursuant to section 124.11 of | 45916 |
| the Revised Code. The administrator shall fix the salaries of | 45917 |
| employees the administrator appoints to serve at the | 45918 |
| administrator's pleasure, including the chief operating officer, | 45919 |
| staff physicians, and other senior management personnel of the | 45920 |
| bureau and shall establish the compensation of staff attorneys of | 45921 |
| the bureau's legal section and their immediate supervisors, and | 45922 |
| take whatever steps are necessary to provide adequate compensation | 45923 |
| for other staff attorneys. | 45924 |
| The administrator may appoint a person holding a certified | 45925 |
| position in the classified service to any state position in the | 45926 |
| unclassified service of the bureau of workers' compensation. A | 45927 |
| person so appointed shall retain the right to resume the position | 45928 |
| and status held by the person in the classified service | 45929 |
| immediately prior to the person's appointment in the unclassified | 45930 |
| service. If the position the person previously held has been | 45931 |
| filled or placed in the unclassified service, or is otherwise | 45932 |
| unavailable, the person shall be appointed to a position in the | 45933 |
| classified service within the bureau that the department of | 45934 |
| administrative services certifies is comparable in compensation to | 45935 |
| the position the person previously held. Reinstatement to a | 45936 |
| position in the classified service shall be to a position | 45937 |
| substantially equal to that held previously, as certified by the | 45938 |
| department of administrative services. Service in the position in | 45939 |
| the unclassified service shall be counted as service in the | 45940 |
| position in the classified service held by the person immediately | 45941 |
| prior to the person's appointment in the unclassified service. | 45942 |
| When a person is reinstated to a position in the classified | 45943 |
| service as provided in this section, the person is entitled to all | 45944 |
| rights, status, and benefits accruing to the position during the | 45945 |
| person's time of service in the position in the unclassified | 45946 |
| service. | 45947 |
| (3) Reorganize the work of the bureau, its sections, | 45948 |
| departments, and offices to the extent necessary to achieve the | 45949 |
| most efficient performance of its functions and to that end may | 45950 |
| establish, change, or abolish positions and assign and reassign | 45951 |
| duties and responsibilities of every employee of the bureau. All | 45952 |
| persons employed by the commission in positions that, after | 45953 |
| November 3, 1989, are supervised and directed by the administrator | 45954 |
| under this section are transferred to the bureau in their | 45955 |
| respective classifications but subject to reassignment and | 45956 |
| reclassification of position and compensation as the administrator | 45957 |
| determines to be in the interest of efficient administration. The | 45958 |
| civil service status of any person employed by the commission is | 45959 |
| not affected by this section. Personnel employed by the bureau or | 45960 |
| the commission who are subject to Chapter 4117. of the Revised | 45961 |
| Code shall retain all of their rights and benefits conferred | 45962 |
| pursuant to that chapter as it presently exists or is hereafter | 45963 |
| amended and nothing in this chapter or Chapter 4123. of the | 45964 |
| Revised Code shall be construed as eliminating or interfering with | 45965 |
| Chapter 4117. of the Revised Code or the rights and benefits | 45966 |
| conferred under that chapter to public employees or to any | 45967 |
| bargaining unit. | 45968 |
| (4) Provide offices, equipment, supplies, and other | 45969 |
| facilities for the bureau. | 45970 |
| (5) Prepare and submit to the oversight commission | 45971 |
| information the administrator considers pertinent or the oversight | 45972 |
| commission requires, together with the administrator's | 45973 |
| recommendations, in the form of administrative rules, for the | 45974 |
| advice and consent of the oversight commission, for | 45975 |
| classifications of occupations or industries, for premium rates | 45976 |
| and contributions, for the amount to be credited to the surplus | 45977 |
| fund, for rules and systems of rating, rate revisions, and merit | 45978 |
| rating. The administrator shall obtain, prepare, and submit any | 45979 |
| other information the oversight commission requires for the prompt | 45980 |
| and efficient discharge of its duties. | 45981 |
| (6) Keep the accounts required by division (A) of section | 45982 |
| 4123.34 of the Revised Code and all other accounts and records | 45983 |
| necessary to the collection, administration, and distribution of | 45984 |
| the workers' compensation funds and shall obtain the statistical | 45985 |
| and other information required by section 4123.19 of the Revised | 45986 |
| Code. | 45987 |
| (7) Exercise the investment powers vested in the | 45988 |
| administrator by section 4123.44 of the Revised Code in accordance | 45989 |
| with the investment objectives, policies, and criteria established | 45990 |
| by the oversight commission pursuant to section 4121.12 of the | 45991 |
| Revised Code and in consultation with the chief investment officer | 45992 |
| of the bureau of workers' compensation. The administrator shall | 45993 |
| not engage in any prohibited investment activity specified by the | 45994 |
| oversight commission pursuant
to division | 45995 |
| 4121.12 of the Revised Code and shall not invest in any type of | 45996 |
| investment specified in division (G)(6)(a) to (j) of that section. | 45997 |
| All business shall be transacted, all funds invested, all warrants | 45998 |
| for money drawn and payments made, and all cash and securities and | 45999 |
| other property held, in the name of the bureau, or in the name of | 46000 |
| its nominee, provided that nominees are authorized by the | 46001 |
| administrator solely for the purpose of facilitating the transfer | 46002 |
| of securities, and restricted to the administrator and designated | 46003 |
| employees. | 46004 |
| (8) Make contracts for and supervise the construction of any | 46005 |
| project or improvement or the construction or repair of buildings | 46006 |
| under the control of the bureau. | 46007 |
| (9) Purchase supplies, materials, equipment, and services; | 46008 |
| make contracts for, operate, and superintend the telephone, other | 46009 |
| telecommunication, and computer services for the use of the | 46010 |
| bureau; and make contracts in connection with office reproduction, | 46011 |
| forms management, printing, and other services. Notwithstanding | 46012 |
| sections 125.12 to 125.14 of the Revised Code, the administrator | 46013 |
| may transfer surplus computers and computer equipment directly to | 46014 |
| an accredited public school within the state. The computers and | 46015 |
| computer equipment may be repaired or refurbished prior to the | 46016 |
| transfer. | 46017 |
| (10) Separately from the budget the industrial commission | 46018 |
| submits, prepare and submit to the director of budget and | 46019 |
| management a budget for each biennium. The budget submitted shall | 46020 |
| include estimates of the costs and necessary expenditures of the | 46021 |
| bureau in the discharge of any duty imposed by law. | 46022 |
| (11) As promptly as possible in the course of efficient | 46023 |
| administration, decentralize and relocate such of the personnel | 46024 |
| and activities of the bureau as is appropriate to the end that the | 46025 |
| receipt, investigation, determination, and payment of claims may | 46026 |
| be undertaken at or near the place of injury or the residence of | 46027 |
| the claimant and for that purpose establish regional offices, in | 46028 |
| such places as the administrator considers proper, capable of | 46029 |
| discharging as many of the functions of the bureau as is | 46030 |
| practicable so as to promote prompt and efficient administration | 46031 |
| in the processing of claims. All active and inactive lost-time | 46032 |
| claims files shall be held at the service office responsible for | 46033 |
| the claim. A claimant, at the claimant's request, shall be | 46034 |
| provided with information by telephone as to the location of the | 46035 |
| file pertaining to the claimant's claim. The administrator shall | 46036 |
| ensure that all service office employees report directly to the | 46037 |
| director for their service office. | 46038 |
| (12) Provide a written binder on new coverage where the | 46039 |
| administrator considers it to be in the best interest of the risk. | 46040 |
| The administrator, or any other person authorized by the | 46041 |
| administrator, shall grant the binder upon submission of a request | 46042 |
| for coverage by the employer. A binder is effective for a period | 46043 |
| of thirty days from date of issuance and is nonrenewable. Payroll | 46044 |
| reports and premium charges shall coincide with the effective date | 46045 |
| of the binder. | 46046 |
| (13) Set standards for the reasonable and maximum handling | 46047 |
| time of claims payment functions, ensure, by rules, the impartial | 46048 |
| and prompt treatment of all claims and employer risk accounts, and | 46049 |
| establish a secure, accurate method of time stamping all incoming | 46050 |
| mail and documents hand delivered to bureau employees. | 46051 |
| (14) Ensure that all employees of the bureau follow the | 46052 |
| orders and rules of the commission as such orders and rules relate | 46053 |
| to the commission's overall adjudicatory policy-making and | 46054 |
| management duties under this chapter and Chapters 4123., 4127., | 46055 |
| and 4131. of the Revised Code. | 46056 |
| (15) Manage and operate a data processing system with a | 46057 |
| common data base for the use of both the bureau and the commission | 46058 |
| and, in consultation with the commission, using electronic data | 46059 |
| processing equipment, shall develop a claims tracking system that | 46060 |
| is sufficient to monitor the status of a claim at any time and | 46061 |
| that lists appeals that have been filed and orders or | 46062 |
| determinations that have been issued pursuant to section 4123.511 | 46063 |
| or 4123.512 of the Revised Code, including the dates of such | 46064 |
| filings and issuances. | 46065 |
| (16) Establish and maintain a medical section within the | 46066 |
| bureau. The medical section shall do all of the following: | 46067 |
| (a) Assist the administrator in establishing standard medical | 46068 |
| fees, approving medical procedures, and determining eligibility | 46069 |
| and reasonableness of the compensation payments for medical, | 46070 |
| hospital, and nursing services, and in establishing guidelines for | 46071 |
| payment policies which recognize usual, customary, and reasonable | 46072 |
| methods of payment for covered services; | 46073 |
| (b) Provide a resource to respond to questions from claims | 46074 |
| examiners for employees of the bureau; | 46075 |
| (c) Audit fee bill payments; | 46076 |
| (d) Implement a program to utilize, to the maximum extent | 46077 |
| possible, electronic data processing equipment for storage of | 46078 |
| information to facilitate authorizations of compensation payments | 46079 |
| for medical, hospital, drug, and nursing services; | 46080 |
| (e) Perform other duties assigned to it by the administrator. | 46081 |
| (17) Appoint, as the administrator determines necessary, | 46082 |
| panels to review and advise the administrator on disputes arising | 46083 |
| over a determination that a health care service or supply provided | 46084 |
| to a claimant is not covered under this chapter or Chapter 4123. | 46085 |
| of the Revised Code or is medically unnecessary. If an individual | 46086 |
| health care provider is involved in the dispute, the panel shall | 46087 |
| consist of individuals licensed pursuant to the same section of | 46088 |
| the Revised Code as such health care provider. | 46089 |
| (18) Pursuant to section 4123.65 of the Revised Code, approve | 46090 |
| applications for the final settlement of claims for compensation | 46091 |
| or benefits under this chapter and Chapters 4123., 4127., and | 46092 |
| 4131. of the Revised Code as the administrator determines | 46093 |
| appropriate, except in regard to the applications of self-insuring | 46094 |
| employers and their employees. | 46095 |
| (19) Comply with section 3517.13 of the Revised Code, and | 46096 |
| except in regard to contracts entered into pursuant to the | 46097 |
| authority contained in section 4121.44 of the Revised Code, comply | 46098 |
| with the competitive bidding procedures set forth in the Revised | 46099 |
| Code for all contracts into which the administrator enters | 46100 |
| provided that those contracts fall within the type of contracts | 46101 |
| and dollar amounts specified in the Revised Code for competitive | 46102 |
| bidding and further provided that those contracts are not | 46103 |
| otherwise specifically exempt from the competitive bidding | 46104 |
| procedures contained in the Revised Code. | 46105 |
| (20) Adopt, with the advice and consent of the oversight | 46106 |
| commission, rules for the operation of the bureau. | 46107 |
| (21) Prepare and submit to the oversight commission | 46108 |
| information the administrator considers pertinent or the oversight | 46109 |
| commission requires, together with the administrator's | 46110 |
| recommendations, in the form of administrative rules, for the | 46111 |
| advice and consent of the oversight commission, for the health | 46112 |
| partnership program and the qualified health plan system, as | 46113 |
| provided in sections 4121.44, 4121.441, and 4121.442 of the | 46114 |
| Revised Code. | 46115 |
| (C) The administrator, with the advice and consent of the | 46116 |
| senate, shall appoint a chief operating officer who has | 46117 |
| significant experience in the field of workers' compensation | 46118 |
| insurance or other similar insurance industry experience if the | 46119 |
| administrator does not possess such experience. The chief | 46120 |
| operating officer shall not commence the chief operating officer's | 46121 |
| duties until after the senate consents to the chief operating | 46122 |
| officer's appointment. The chief operating officer shall serve in | 46123 |
| the unclassified civil service of the state. | 46124 |
| Sec. 4121.125. (A) The workers' compensation oversight | 46125 |
| commission may contract with one or more outside actuarial firms | 46126 |
| and other professional persons, as the oversight commission | 46127 |
| determines necessary, to assist the oversight commission in | 46128 |
| measuring the performance of Ohio's workers' compensation system | 46129 |
| and in comparing Ohio's workers' compensation system to other | 46130 |
| state and private workers' compensation systems. The oversight | 46131 |
| commission, actuarial firm or firms, and professional persons | 46132 |
| shall make such measurements and comparisons using accepted | 46133 |
| insurance industry standards, including, but not limited to, | 46134 |
| standards promulgated by the National Council on Compensation | 46135 |
| Insurance. | 46136 |
| (B) The oversight commission may contract with one or more | 46137 |
| outside firms to conduct management and financial audits of the | 46138 |
| workers' compensation system, including audits of the reserve fund | 46139 |
| belonging to the state insurance fund, and to establish objective | 46140 |
| quality management principles and methods by which to review the | 46141 |
| performance of the workers' compensation system. | 46142 |
| (C) The administrator and the industrial commission shall | 46143 |
| compile information and provide access to records of the bureau | 46144 |
| and the industrial commission to the oversight commission to the | 46145 |
| extent necessary for fulfillment of both of the following | 46146 |
| requirements: | 46147 |
| (1) Conduct of the measurements and comparisons described in | 46148 |
| division (A) of this section; | 46149 |
| (2) Conduct of the management and financial audits and | 46150 |
| establishment of the principles and methods described in division | 46151 |
| (B) of this section. | 46152 |
| (D) The oversight commission shall have an independent | 46153 |
| auditor, at least once every ten years, conduct a fiduciary | 46154 |
| performance audit of the investment program of the bureau of | 46155 |
| workers' compensation. That audit shall include an audit of the | 46156 |
| investment policies of the oversight commission and investment | 46157 |
| procedures of the bureau. The oversight commission shall submit a | 46158 |
| copy of that audit to the auditor of state. | 46159 |
| (E) The bureau of workers' compensation, with the advice and | 46160 |
| consent of the oversight commission, shall employ an internal | 46161 |
| auditor who shall report directly to the oversight commission on | 46162 |
| investment matters. The oversight commission may request and | 46163 |
| review internal audits conducted by the internal auditor. | 46164 |
| (F) The administrator shall pay the expenses incurred by the | 46165 |
| oversight commission to effectively fulfill its duties and | 46166 |
| exercise its powers under this section as the administrator pays | 46167 |
| other operating expenses of the bureau. | 46168 |
| Sec. 4121.126. Except as provided in this chapter, no member | 46169 |
| of the workers' compensation oversight commission or employee of | 46170 |
| the bureau of workers' compensation shall have any direct or | 46171 |
| indirect interest in the gains or profits of any investment made | 46172 |
| by the administrator of workers' compensation or shall receive | 46173 |
| directly or indirectly any pay or emolument for the member's or | 46174 |
| employee's services. No member or person connected with the bureau | 46175 |
| directly or indirectly, for self or as an agent or partner of | 46176 |
| others, shall borrow any of its funds or deposits or in any manner | 46177 |
| use the funds or deposits except to make current and necessary | 46178 |
| payments that are authorized by the administrator. No member of | 46179 |
| the oversight commission or employee of the bureau shall become an | 46180 |
| indorser or surety or become in any manner an obligor for moneys | 46181 |
| loaned by or borrowed from the bureau. | 46182 |
| The administrator shall make no investments through or | 46183 |
| purchases from, or otherwise do any business with, any individual | 46184 |
| who is, or any partnership, association, or corporation that is | 46185 |
| owned or controlled by, a person who within the preceding three | 46186 |
| years was employed by the bureau, a board member of, or an officer | 46187 |
| of the oversight commission, or a person who within the preceding | 46188 |
| three years was employed by or was an officer holding a fiduciary, | 46189 |
| administrative, supervisory, or trust position, or any other | 46190 |
| position in which such person would be involved, on behalf of the | 46191 |
| person's employer, in decisions or recommendations affecting the | 46192 |
| investment policy of the bureau, and in which such person would | 46193 |
| benefit by any monetary gain. | 46194 |
| Sec. 4121.127. (A) Except as provided in division (B) of | 46195 |
| this section, a fiduciary shall not cause the bureau of workers' | 46196 |
| compensation to engage in a transaction, if the fiduciary knows or | 46197 |
| should know that such transaction constitutes any of the | 46198 |
| following, whether directly or indirectly: | 46199 |
| (1) The sale, exchange, or leasing of any property between | 46200 |
| the bureau and a party in interest; | 46201 |
| (2) Lending of money or other extension of credit between the | 46202 |
| bureau and a party in interest; | 46203 |
| (3) Furnishing of goods, services, or facilities between the | 46204 |
| bureau and a party in interest; | 46205 |
| (4) Transfer to, or use by or for the benefit of a party in | 46206 |
| interest, of any assets of the bureau; | 46207 |
| (5) Acquisition, on behalf of the bureau, of any employer | 46208 |
| security or employer real property. | 46209 |
| (B) Nothing in this section shall prohibit any transaction | 46210 |
| between the bureau and any fiduciary or party in interest if both | 46211 |
| of the following occur: | 46212 |
| (1) All the terms and conditions of the transaction are | 46213 |
| comparable to the terms and conditions that might reasonably be | 46214 |
| expected in a similar transaction between similar parties who are | 46215 |
| not parties in interest. | 46216 |
| (2) The transaction is consistent with fiduciary duties under | 46217 |
| this chapter and Chapters 4123., 4127., and 4131. of the Revised | 46218 |
| Code. | 46219 |
| (C) A fiduciary shall not do any of the following: | 46220 |
| (1) Deal with the assets of the bureau in the fiduciary's own | 46221 |
| interest or for the fiduciary's own account; | 46222 |
| (2) In the fiduciary's individual capacity or in any other | 46223 |
| capacity, act in any transaction involving the bureau on behalf of | 46224 |
| a party, or represent a party, whose interests are adverse to the | 46225 |
| interests of the bureau or to the injured employees served by the | 46226 |
| bureau; | 46227 |
| (3) Receive any consideration for the fiduciary's own | 46228 |
| personal account from any party dealing with the bureau in | 46229 |
| connection with a transaction involving the assets of the bureau. | 46230 |
| (D) In addition to any liability that a fiduciary may have | 46231 |
| under any other provision, a fiduciary, with respect to bureau, | 46232 |
| shall be liable for a breach of fiduciary responsibility in any | 46233 |
| the following circumstances: | 46234 |
| (1) If the fiduciary knowingly participates in or knowingly | 46235 |
| undertakes to conceal an act or omission of another fiduciary, | 46236 |
| knowing such act or omission is a breach; | 46237 |
| (2) If, by the fiduciary's failure to comply with this | 46238 |
| chapter or Chapter 4123., 4127., or 4131. of the Revised Code, the | 46239 |
| fiduciary has enabled another fiduciary to commit a breach; | 46240 |
| (3) If the fiduciary has knowledge of a breach by another | 46241 |
| fiduciary of that fiduciary's duties under this chapter and | 46242 |
| Chapters 4123., 4127., and 4131. of the Revised Code, unless the | 46243 |
| fiduciary makes reasonable efforts under the circumstances to | 46244 |
| remedy the breach. | 46245 |
| (E) Every fiduciary of the bureau shall be bonded or insured | 46246 |
| for an amount of not less than one million dollars for loss by | 46247 |
| reason of acts of fraud or dishonesty. | 46248 |
| (F) As used in this section, "fiduciary" means a person who | 46249 |
| does any of the following: | 46250 |
| (1) Exercises discretionary authority or control with respect | 46251 |
| to the management of the bureau or with respect to the management | 46252 |
| or disposition of its assets; | 46253 |
| (2) Renders investment advice for a fee, directly or | 46254 |
| indirectly, with respect to money or property of the bureau; | 46255 |
| (3) Has discretionary authority or responsibility in the | 46256 |
| administration of the bureau. | 46257 |
| Sec. 4121.128. The attorney general shall be the legal | 46258 |
| adviser of the workers' compensation oversight commission. | 46259 |
| Sec. 4123.27. Information contained in the annual statement | 46260 |
| provided for in section 4123.26 of the Revised Code, and such | 46261 |
| other information as may be furnished to the bureau of workers' | 46262 |
| compensation by employers in pursuance of that section, is for the | 46263 |
| exclusive use and information of the bureau in the discharge of | 46264 |
| its official duties, and shall not be open to the public nor be | 46265 |
| used in any court in any action or proceeding pending therein | 46266 |
| unless the bureau is a party to the action or proceeding; but the | 46267 |
| information contained in the statement may be tabulated and | 46268 |
| published by the bureau in statistical form for the use and | 46269 |
| information of other state departments and the public. No person | 46270 |
| in the employ of the bureau, except those who are authorized by | 46271 |
| the administrator of workers' compensation, shall divulge any | 46272 |
| information secured by the person while in the employ of the | 46273 |
| bureau in respect to the transactions, property, claim files, | 46274 |
| records, or papers of the bureau or in respect to the business or | 46275 |
| mechanical, chemical, or other industrial process of any company, | 46276 |
| firm, corporation, person, association, partnership, or public | 46277 |
| utility to any person other than the administrator or to the | 46278 |
| superior of such employee of the bureau. | 46279 |
| Notwithstanding the restrictions imposed by this section, the | 46280 |
| governor, select or standing committees of the general assembly, | 46281 |
| the auditor of state, the attorney general, or their designees, | 46282 |
| pursuant to the authority granted in this chapter and Chapter | 46283 |
| 4121. of the Revised Code, may examine any records, claim files, | 46284 |
| or papers in possession of the industrial commission or the | 46285 |
| bureau. They also are bound by the privilege that attaches to | 46286 |
| these papers. | 46287 |
| The administrator shall report to the director of job and | 46288 |
| family services or to the county director of job and family | 46289 |
| services the name, address, and social security number or other | 46290 |
| identification number of any person receiving workers' | 46291 |
| compensation whose name or social security number or other | 46292 |
| identification number is the same as that of a person required by | 46293 |
| a court or child support enforcement agency to provide support | 46294 |
| payments to a recipient or participant of public assistance, and | 46295 |
| whose name is submitted to the administrator by the director under | 46296 |
| section 5101.36 of the Revised Code. The administrator also shall | 46297 |
| inform the director of the amount of workers' compensation paid to | 46298 |
| the person during such period as the director specifies. | 46299 |
| Within fourteen days after receiving from the director of job | 46300 |
| and family services a list of the names and social security | 46301 |
| numbers of recipients or participants of public assistance | 46302 |
| pursuant to section 5101.181 of the Revised Code, the | 46303 |
| administrator shall inform the auditor of state of the name, | 46304 |
| current or most recent address, and social security number of each | 46305 |
| person receiving workers' compensation pursuant to this chapter | 46306 |
| whose name and social security number are the same as that of a | 46307 |
| person whose name or social security number was submitted by the | 46308 |
| director. The administrator also shall inform the auditor of state | 46309 |
| of the amount of workers' compensation paid to the person during | 46310 |
| such period as the director specifies. | 46311 |
| The bureau and its employees, except for purposes of | 46312 |
| furnishing the auditor of state with information required by this | 46313 |
| section, shall preserve the confidentiality of recipients or | 46314 |
| participants of public assistance in compliance with division (A) | 46315 |
| of section 5101.181 of the Revised Code. | 46316 |
| For the purposes of this section, "public assistance" means | 46317 |
| medical assistance provided through the medical assistance program | 46318 |
| established under section 5111.01 of the Revised Code, Ohio works | 46319 |
| first provided under Chapter 5107. of the Revised Code, | 46320 |
| prevention, retention, and contingency benefits and services | 46321 |
| provided under Chapter 5108. of the Revised Code, or disability | 46322 |
| financial assistance provided under Chapter 5115. of the Revised | 46323 |
|
Code | 46324 |
| 46325 |
| Sec. 4123.44. The voting members of the workers' | 46326 |
| compensation oversight commission, the administrator of workers' | 46327 |
| compensation, and the bureau of workers' compensation chief | 46328 |
| investment officer are the trustees of the state insurance fund. | 46329 |
| The administrator of workers' compensation, in accordance with | 46330 |
| sections 4121.126 and 4121.127 of the Revised Code and the | 46331 |
| investment objectives, policies, and criteria established by the | 46332 |
| workers' compensation oversight commission pursuant to section | 46333 |
| 4121.12 of the Revised Code, and in consultation with the bureau | 46334 |
| of workers' compensation chief investment officer, may invest any | 46335 |
| of the surplus or reserve belonging to the state insurance fund. | 46336 |
| The administrator shall not invest in any type of investment | 46337 |
| specified in divisions (G)(6)(a) to (j) of section 4121.12 of the | 46338 |
| Revised Code. | 46339 |
| The administrator and other fiduciaries shall discharge their | 46340 |
| duties with respect to the funds with the care, skill, prudence, | 46341 |
| and diligence under the circumstances then prevailing that a | 46342 |
| prudent person acting in a like capacity and familiar with such | 46343 |
| matters would use in the conduct of an enterprise of a like | 46344 |
| character and with like aims, and by diversifying the investments | 46345 |
| of the assets of the funds so as to minimize the risk of large | 46346 |
| losses, unless under the circumstances it is clearly prudent not | 46347 |
| to do so. | 46348 |
| To facilitate investment of the funds, the administrator may | 46349 |
| establish a partnership, trust, limited liability company, | 46350 |
| corporation, including a corporation exempt from taxation under | 46351 |
| the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C. 1, as | 46352 |
| amended, or any other legal entity authorized to transact business | 46353 |
| in this state. | 46354 |
| When reporting on the performance of investments, the | 46355 |
| administrator shall comply with the performance presentation | 46356 |
| standards established by the association for investment management | 46357 |
| and research. | 46358 |
| All investments shall be purchased at current market prices | 46359 |
| and the evidences of title to the investments shall be placed in | 46360 |
| the custody of the treasurer of state, who is hereby designated as | 46361 |
| custodian, or in the custody of the treasurer of state's | 46362 |
| authorized agent. Evidences of title of the investments so | 46363 |
| purchased may be deposited by the treasurer of state for | 46364 |
| safekeeping with an authorized agent selected by the treasurer of | 46365 |
| state who is a qualified trustee under section 135.18 of the | 46366 |
| Revised Code. The treasurer of state or the agent shall collect | 46367 |
| the principal, dividends, distributions, and interest as they | 46368 |
| become due and payable and place them when collected into the | 46369 |
| state insurance fund. | 46370 |
| The treasurer of state shall pay for investments purchased by | 46371 |
| the administrator on receipt of written or electronic instructions | 46372 |
| from the administrator or the administrator's designated agent | 46373 |
| authorizing the purchase, and pending receipt of the evidence of | 46374 |
| title of the investment by the treasurer of state or the treasurer | 46375 |
| of state's authorized agent. The administrator may sell | 46376 |
| investments held by the administrator, and the treasurer of state | 46377 |
| or the treasurer of state's authorized agent shall accept payment | 46378 |
| from the purchaser and deliver evidence of title of the investment | 46379 |
| to the purchaser, on receipt of written or electronic instructions | 46380 |
| from the administrator or the administrator's designated agent | 46381 |
| authorizing the sale, and pending receipt of the moneys for the | 46382 |
| investments. The amount received shall be placed in the state | 46383 |
| insurance fund. The administrator and the treasurer of state may | 46384 |
| enter into agreements to establish procedures for the purchase and | 46385 |
| sale of investments under this division and the custody of the | 46386 |
| investments. | 46387 |
| No purchase or sale of any investment shall be made under | 46388 |
| this section, except as authorized by the administrator. | 46389 |
| Any statement of financial position distributed by the | 46390 |
| administrator shall include the fair value, as of the statement | 46391 |
| date, of all investments held by the administrator under this | 46392 |
| section. | 46393 |
| When in the judgment of the administrator it is necessary to | 46394 |
| provide available funds for the payment of compensation or | 46395 |
| benefits under this chapter, the administrator may borrow money | 46396 |
| from any available source and pledge as security a sufficient | 46397 |
| amount of bonds or other securities in which the state insurance | 46398 |
| fund is invested. The aggregate unpaid amount of loans existing at | 46399 |
| any one time for money so borrowed shall not exceed ten million | 46400 |
| dollars. The bonds or other securities so pledged as security for | 46401 |
| such loans to the administrator shall be the sole security for the | 46402 |
| payment of the principal and interest of any such loan. The | 46403 |
| administrator shall not be personally liable for the payment of | 46404 |
| the principal or the interest of any such loan. No such loan shall | 46405 |
| be made for a longer period of time than one year. Such loans may | 46406 |
| be renewed but no one renewal shall be for a period in excess of | 46407 |
| one year. Such loans shall bear such rate of interest as the | 46408 |
| administrator determines and in negotiating the loans, the | 46409 |
| administrator shall endeavor to secure as favorable interest rates | 46410 |
| and terms as circumstances will permit. | 46411 |
| The treasurer of state may deliver to the person or | 46412 |
| governmental agency making such loan, the bonds or other | 46413 |
| securities which are to be pledged by the administrator as | 46414 |
| security for such loan, upon receipt by the treasurer of state of | 46415 |
| an order of the administrator authorizing such loan. Upon payment | 46416 |
| of any such loan by the administrator, the bonds or other | 46417 |
| securities pledged as security therefor shall be returned to the | 46418 |
| treasurer of state as custodian of such bonds. | 46419 |
| The administrator may pledge with the treasurer of state such | 46420 |
| amount of bonds or other securities in which the state insurance | 46421 |
| fund is invested as is reasonably necessary as security for any | 46422 |
| certificates issued, or paid out, by the treasurer of state upon | 46423 |
| any warrants drawn by the administrator. | 46424 |
| The administrator may secure investment information services, | 46425 |
| consulting services, and other like services to facilitate | 46426 |
| investment of the surplus and reserve belonging to the state | 46427 |
| insurance fund. The administrator shall pay the expense of | 46428 |
| securing such services from the state insurance fund. | 46429 |
| Sec. 4123.441. (A) The bureau of workers' compensation, with | 46430 |
| the advice and consent of the workers' compensation oversight | 46431 |
| commission shall employ a person or designate an employee of the | 46432 |
| bureau who is designated as a chartered financial analyst by the | 46433 |
| CFA institute and who is licensed by the division of securities in | 46434 |
| the department of commerce as a bureau of workers' compensation | 46435 |
| chief investment officer to be the chief investment officer for | 46436 |
| the bureau of workers' compensation. After ninety days after the | 46437 |
| effective date of this section, the bureau of workers' | 46438 |
| compensation may not employ a bureau of workers' compensation | 46439 |
| chief investment officer, as defined in section 1707.01 of the | 46440 |
| Revised Code, who does not hold a valid bureau of workers' | 46441 |
| compensation chief investment officer license issued by the | 46442 |
| division of securities in the department of commerce. The | 46443 |
| oversight commission shall notify the division of securities of | 46444 |
| the department of commerce in writing of its designation and of | 46445 |
| any change in its designation within ten calendar days after the | 46446 |
| designation or change. | 46447 |
| (B) The bureau of workers' compensation chief investment | 46448 |
| officer shall reasonably supervise employees of the bureau who | 46449 |
| handle investment of assets of funds specified in this chapter and | 46450 |
| Chapters 4121., 4127., and 4131. of the Revised Code with a view | 46451 |
| toward preventing violations of Chapter 1707. of the Revised Code, | 46452 |
| the "Commodity Exchange Act," 42 Stat. 998, 7 U.S.C. 1, the | 46453 |
| "Securities Act of 1933," 48 Stat. 74, 15 U.S.C. 77a, the | 46454 |
| "Securities Exchange Act of 1934," 48 Stat. 881, 15 U.S.C. 78a, | 46455 |
| and the rules and regulations adopted under those statutes. This | 46456 |
| duty of reasonable supervision shall include the adoption, | 46457 |
| implementation, and enforcement of written policies and procedures | 46458 |
| reasonably designed to prevent employees of the bureau who handle | 46459 |
| investment of assets of the funds specified in this chapter and | 46460 |
| Chapters 4121., 4127., and 4131. of the Revised Code, from | 46461 |
| misusing material, nonpublic information in violation of those | 46462 |
| laws, rules, and regulations. | 46463 |
| For purposes of this division, no bureau of workers' | 46464 |
| compensation chief investment officer shall be considered to have | 46465 |
| failed to satisfy the officer's duty of reasonable supervision if | 46466 |
| the officer has done all of the following: | 46467 |
| (1) Adopted and implemented written procedures, and a system | 46468 |
| for applying the procedures, that would reasonably be expected to | 46469 |
| prevent and detect, insofar as practicable, any violation by | 46470 |
| employees handling investments of assets of the funds specified in | 46471 |
| this chapter and Chapters 4121., 4127., and 4131. of the Revised | 46472 |
| Code; | 46473 |
| (2) Reasonably discharged the duties and obligations | 46474 |
| incumbent on the bureau of workers' compensation chief investment | 46475 |
| officer by reason of the established procedures and the system for | 46476 |
| applying the procedures when the officer had no reasonable cause | 46477 |
| to believe that there was a failure to comply with the procedures | 46478 |
| and systems; | 46479 |
| (3) Reviewed, at least annually, the adequacy of the policies | 46480 |
| and procedures established pursuant to this section and the | 46481 |
| effectiveness of their implementation. | 46482 |
| (C) The bureau of workers' compensation chief investment | 46483 |
| officer shall establish and maintain a policy to monitor and | 46484 |
| evaluate the effectiveness of securities transactions executed on | 46485 |
| behalf of the bureau. | 46486 |
| Sec. 4123.444. (A) As used in this section and section | 46487 |
| 4123.445 of the Revised Code: | 46488 |
| (1) "Bureau of workers' compensation funds" means any fund | 46489 |
| specified in Chapter 4121., 4123., 4127., or 4131. of the Revised | 46490 |
| Code that the administrator of workers' compensation has the | 46491 |
| authority to invest, in accordance with the administrator's | 46492 |
| investment authority under section 4123.44 of the Revised Code. | 46493 |
| (2) "Investment manager" means any person with whom the | 46494 |
| administrator of workers' compensation contracts pursuant to | 46495 |
| section 4123.44 of the Revised Code to facilitate the investment | 46496 |
| of assets of bureau of workers' compensation funds. | 46497 |
| (3) "Business entity" means any person with whom an | 46498 |
| investment manager contracts for the investment of assets of | 46499 |
| bureau of workers' compensation funds. | 46500 |
| (4) "Financial or investment crime" means any criminal | 46501 |
| offense involving theft, receiving stolen property, embezzlement, | 46502 |
| forgery, fraud, passing bad checks, money laundering, drug | 46503 |
| trafficking, or any criminal offense involving money or | 46504 |
| securities, as set forth in Chapters 2909., 2911., 2913., 2915., | 46505 |
| 2921., 2923., and 2925. of the Revised Code or other law of this | 46506 |
| state, or the laws of any other state or the United States that | 46507 |
| are substantially equivalent to those offenses. | 46508 |
| (B)(1) Before entering into a contract with an investment | 46509 |
| manager to invest bureau of workers' compensation funds, the | 46510 |
| administrator shall do both of the following: | 46511 |
| (a) Request from any investment manager with whom the | 46512 |
| administrator wishes to contract for those investments a list of | 46513 |
| all employees who will be investing assets of bureau of workers' | 46514 |
| compensation funds. The list shall specify each employee's state | 46515 |
| of residence for the five years prior to the date of the | 46516 |
| administrator's request. | 46517 |
| (b) Request that the superintendent of the bureau of criminal | 46518 |
| investigation and identification conduct a criminal records check | 46519 |
| in accordance with this section and section 109.579 of the Revised | 46520 |
| Code with respect to every employee the investment manager names | 46521 |
| in that list. | 46522 |
| (2) After an investment manager enters into a contract with | 46523 |
| the administrator to invest bureau of workers' compensation funds | 46524 |
| and before an investment manager enters into a contract with a | 46525 |
| business entity to facilitate those investments, the investment | 46526 |
| manager shall request from any business entity with whom the | 46527 |
| investment manager wishes to contract to make those investments a | 46528 |
| list of all employees who will be investing assets of the bureau | 46529 |
| of workers' compensation funds. The list shall specify each | 46530 |
| employee's state of residence for the five years prior to the | 46531 |
| investment manager's request. The investment manager shall forward | 46532 |
| to the administrator the list received from the business entity. | 46533 |
| The administrator shall request the superintendent to conduct a | 46534 |
| criminal records check in accordance with this section and section | 46535 |
| 109.579 of the Revised Code with respect to every employee the | 46536 |
| business entity names in that list. Upon receipt of the results of | 46537 |
| the criminal records check, the administrator shall forward a copy | 46538 |
| of those results to the investment manager. | 46539 |
| (3) If, after a contract has been entered into between the | 46540 |
| administrator and an investment manager or between an investment | 46541 |
| manager and a business entity for the investment of assets of | 46542 |
| bureau of workers' compensation funds, the investment manager or | 46543 |
| business entity wishes to have an employee who was not the subject | 46544 |
| of a criminal records check under division (B)(1) or (B)(2) of | 46545 |
| this section invest assets of the bureau of workers' compensation | 46546 |
| funds, that employee shall be the subject of a criminal records | 46547 |
| check pursuant to this section and section 109.579 of the Revised | 46548 |
| Code prior to handling the investment of assets of those funds. | 46549 |
| The investment manager shall submit to the administrator the name | 46550 |
| of that employee along with the employee's state of residence for | 46551 |
| the five years prior to the date in which the administrator | 46552 |
| requests the criminal records check. The administrator shall | 46553 |
| request that the superintendent conduct a criminal records check | 46554 |
| on that employee pursuant to this section and section 109.579 of | 46555 |
| the Revised Code. | 46556 |
| (C)(1) If an employee who is the subject of a criminal | 46557 |
| records check pursuant to division (B) of this section has not | 46558 |
| been a resident of this state for the five-year period immediately | 46559 |
| prior to the time the criminal records check is requested or does | 46560 |
| not provide evidence that within that five-year period the | 46561 |
| superintendent has requested information about the employee from | 46562 |
| the federal bureau of investigation in a criminal records check, | 46563 |
| the administrator shall request that the superintendent obtain | 46564 |
| information from the federal bureau of investigation as a part of | 46565 |
| the criminal records check for the employee. If the employee has | 46566 |
| been a resident of this state for at least that five-year period, | 46567 |
| the administrator may, but is not required to, request that the | 46568 |
| superintendent request and include in the criminal records check | 46569 |
| information about that employee from the federal bureau of | 46570 |
| investigation. | 46571 |
| (2) The administrator shall provide to an investment manager | 46572 |
| a copy of the form prescribed pursuant to division (C)(1) of | 46573 |
| section 109.579 of the Revised Code and a standard impression | 46574 |
| sheet for each employee for whom a criminal records check must be | 46575 |
| performed, to obtain fingerprint impressions as prescribed | 46576 |
| pursuant to division (C)(2) of section 109.579 of the Revised | 46577 |
| Code. The investment manager shall obtain the completed form and | 46578 |
| impression sheet either directly from each employee or from a | 46579 |
| business entity and shall forward the completed form and sheet to | 46580 |
| the administrator, who shall forward these forms and sheets to the | 46581 |
| superintendent. | 46582 |
| (3) Any employee who receives a copy of the form and the | 46583 |
| impression sheet pursuant to division (C)(2) of this section and | 46584 |
| who is requested to complete the form and provide a set of | 46585 |
| fingerprint impressions shall complete the form or provide all the | 46586 |
| information necessary to complete the form and shall complete the | 46587 |
| impression sheets in the manner prescribed in division (C)(2) of | 46588 |
| section 109.579 of the Revised Code. | 46589 |
| (D) For each criminal records check the administrator | 46590 |
| requests under this section, at the time the administrator makes a | 46591 |
| request the administrator shall pay to the superintendent the fee | 46592 |
| the superintendent prescribes pursuant to division (E) of section | 46593 |
| 109.579 of the Revised Code. | 46594 |
| Sec. 4123.445. (A) The administrator of workers' | 46595 |
| compensation shall not enter into a contract with an investment | 46596 |
| manager for the investment of assets of the bureau of workers' | 46597 |
| compensation funds if any employee of that investment manager who | 46598 |
| will be investing assets of bureau of workers' compensation funds | 46599 |
| has been convicted of or pleaded guilty to a financial or | 46600 |
| investment crime. | 46601 |
| (B) An investment manager who has entered into a contract | 46602 |
| with the bureau of workers' compensation for the investment of | 46603 |
| assets of bureau of workers' compensation funds shall not contract | 46604 |
| with a business entity for the investment of those assets if any | 46605 |
| employee of that business manager who will be investing assets of | 46606 |
| bureau of workers' compensation funds has been convicted of or | 46607 |
| pleaded guilty to a financial or investment crime. | 46608 |
| (C) The administrator shall not enter into a contract with an | 46609 |
| investment manager who refuses to submit the list of the | 46610 |
| investment manager's employees required under division (B) of | 46611 |
| section 4123.444 of the Revised Code. An investment manager shall | 46612 |
| not enter into a contract with a business entity who refuses to | 46613 |
| submit the list of the business entity's employees required under | 46614 |
| division (B) of section 4123.444 of the Revised Code. | 46615 |
| (D) If, after a contract has been awarded to an investment | 46616 |
| manager or business entity for the investment of assets of bureau | 46617 |
| of workers' compensation funds, the investment manager or business | 46618 |
| entity discovers that an employee who is handling the investment | 46619 |
| of those assets has been convicted of or pleaded guilty to a | 46620 |
| financial or investment crime, the investment manager or business | 46621 |
| entity immediately shall notify the administrator. | 46622 |
| Sec. 4123.47. (A) The administrator of workers' compensation | 46623 |
| shall have actuarial audits of the state insurance fund and all | 46624 |
| other funds specified in this chapter and Chapters 4121., 4127., | 46625 |
| and 4131. of the Revised Code made at least once | 46626 |
| each year. The audits shall be made and certified by recognized | 46627 |
| insurance actuaries who shall be selected as the administrator | 46628 |
| determines. The audits shall cover the premium rates, | 46629 |
| classifications, and all other matters involving the | 46630 |
| administration of the state insurance fund and all other funds | 46631 |
| specified in this chapter and Chapters 4121., 4127., and 4131. of | 46632 |
| the Revised Code. The expense of the audits shall be paid from the | 46633 |
| state insurance fund. The administrator shall make copies of the | 46634 |
| audits available to the public at cost. | 46635 |
| (B) The auditor of state annually shall conduct an audit of | 46636 |
| the administration of this chapter by the industrial commission | 46637 |
| and the bureau of workers' compensation and the safety and hygiene | 46638 |
| fund. The cost of the audit shall be charged to the administrative | 46639 |
| costs of the bureau as defined in section 4123.341 of the Revised | 46640 |
| Code. The audit shall include audits of all fiscal activities, | 46641 |
| claims processing and handling, and employer premium collections. | 46642 |
| The auditor shall prepare a report of the audit together with | 46643 |
| recommendations and transmit copies of the report to the | 46644 |
| industrial commission the workers' compensation oversight | 46645 |
| commission, the administrator, the governor, and to the general | 46646 |
| assembly. The auditor shall make copies of the report available to | 46647 |
| the public at cost. | 46648 |
| (C) The administrator may retain the services of a recognized | 46649 |
| actuary on a consulting basis for the purpose of evaluating the | 46650 |
| actuarial soundness of premium rates and classifications and all | 46651 |
| other matters involving the administration of the state insurance | 46652 |
| fund. The expense of services provided by the actuary shall be | 46653 |
| paid from the state insurance fund. | 46654 |
| Sec. 4301.10. (A) The division of liquor control shall do | 46655 |
| all of the following: | 46656 |
| (1) Control the traffic in beer and intoxicating liquor in | 46657 |
| this state, including the manufacture, importation, and sale of | 46658 |
| beer and intoxicating liquor; | 46659 |
| (2) Grant or refuse permits for the manufacture, | 46660 |
| distribution, transportation, and sale of beer and intoxicating | 46661 |
| liquor and the sale of alcohol, as authorized or required by this | 46662 |
| chapter and Chapter 4303. of the Revised Code. A certificate, | 46663 |
| signed by the superintendent of liquor control and to which is | 46664 |
| affixed the official seal of the division, stating that it appears | 46665 |
| from the records of the division that no permit has been issued to | 46666 |
| the person specified in the certificate, or that a permit, if | 46667 |
| issued, has been revoked, canceled, or suspended, shall be | 46668 |
| received as prima-facie evidence of the facts recited in the | 46669 |
| certificate in any court or before any officer of this state. | 46670 |
| (3) Put into operation, manage, and control a system of state | 46671 |
| liquor stores for the sale of spirituous liquor at retail and to | 46672 |
| holders of permits authorizing the sale of spirituous liquor; | 46673 |
| however, the division shall not establish any drive-in state | 46674 |
| liquor stores; and by means of those types of stores, and any | 46675 |
| manufacturing plants, distributing and bottling plants, | 46676 |
| warehouses, and other facilities that it considers expedient, | 46677 |
| establish and maintain a state monopoly of the distribution of | 46678 |
| spirituous liquor and its sale in packages or containers; and for | 46679 |
| that purpose, manufacture, buy, import, possess, and sell | 46680 |
| spirituous liquors as provided in this chapter and Chapter 4303. | 46681 |
| of the Revised Code, and in the rules promulgated by the | 46682 |
| superintendent of liquor control pursuant to those chapters; lease | 46683 |
| or in any manner acquire the use of any land or building required | 46684 |
| for any of those purposes; purchase any equipment that is | 46685 |
| required; and borrow money to carry on its business, and issue, | 46686 |
| sign, endorse, and accept notes, checks, and bills of exchange; | 46687 |
| but all obligations of the division created under authority of | 46688 |
| this division shall be a charge only upon the moneys received by | 46689 |
| the division from the sale of spirituous liquor and its other | 46690 |
| business transactions in connection with the sale of spirituous | 46691 |
| liquor, and shall not be general obligations of the state; | 46692 |
| (4) Enforce the administrative provisions of this chapter and | 46693 |
| Chapter 4303. of the Revised Code, and the rules and orders of the | 46694 |
| liquor control commission and the superintendent relating to the | 46695 |
| manufacture, importation, transportation, distribution, and sale | 46696 |
| of beer | 46697 |
| any prosecuting attorney, and any prosecuting officer of a | 46698 |
| municipal corporation or a municipal court shall, at the request | 46699 |
| of the division of liquor control or the department of public | 46700 |
| safety, prosecute any person charged with the violation of any | 46701 |
| provision in those chapters or of any section of the Revised Code | 46702 |
| relating to the manufacture, importation, transportation, | 46703 |
|
distribution, and sale
of beer | 46704 |
| (5) Determine the locations of all state liquor stores and | 46705 |
| manufacturing, distributing, and bottling plants required in | 46706 |
| connection with those stores, subject to this chapter and Chapter | 46707 |
| 4303. of the Revised Code; | 46708 |
| (6) Conduct inspections of liquor permit premises to | 46709 |
| determine compliance with the administrative provisions of this | 46710 |
| chapter and Chapter 4303. of the Revised Code and the rules | 46711 |
| adopted under those provisions by the liquor control commission. | 46712 |
| Except as otherwise provided in division (A)(6) of this | 46713 |
| section, those inspections may be conducted only during those | 46714 |
| hours in which the permit holder is open for business and only by | 46715 |
| authorized agents or employees of the division or by any peace | 46716 |
| officer, as defined in section 2935.01 of the Revised Code. | 46717 |
| Inspections may be conducted at other hours only to determine | 46718 |
| compliance with laws or commission rules that regulate the hours | 46719 |
|
of sale of beer | 46720 |
| investigator has reasonable cause to believe that those laws or | 46721 |
| rules are being violated. Any inspection conducted pursuant to | 46722 |
| division (A)(6) of this section is subject to all of the following | 46723 |
| requirements: | 46724 |
| (a) The only property that may be confiscated is contraband, | 46725 |
| as defined in section 2901.01 of the Revised Code, or property | 46726 |
| that is otherwise necessary for evidentiary purposes. | 46727 |
| (b) A complete inventory of all property confiscated from the | 46728 |
| premises shall be given to the permit holder or the permit | 46729 |
| holder's agent or employee by the confiscating agent or officer at | 46730 |
| the conclusion of the inspection. At that time, the inventory | 46731 |
| shall be signed by the confiscating agent or officer, and the | 46732 |
| agent or officer shall give the permit holder or the permit | 46733 |
| holder's agent or employee the opportunity to sign the inventory. | 46734 |
| (c) Inspections conducted pursuant to division (A)(6) of this | 46735 |
| section shall be conducted in a reasonable manner. A finding by | 46736 |
| any court of competent jurisdiction that | 46737 |
| conducted in a reasonable manner in accordance with this section | 46738 |
|
or any rules | 46739 |
| considered grounds for suppression of evidence. A finding by the | 46740 |
| 46741 | |
| in a reasonable manner in accordance with this section or any | 46742 |
| rules
| 46743 |
| grounds for dismissal of the commission case. | 46744 |
| If any court of competent jurisdiction finds that property | 46745 |
| confiscated as the result of an administrative inspection is not | 46746 |
| necessary for evidentiary purposes and is not contraband, as | 46747 |
| defined in section 2901.01 of the Revised Code, the court shall | 46748 |
| order the immediate return of the confiscated property, provided | 46749 |
| that property is not otherwise subject to forfeiture, to the | 46750 |
| permit holder. However, the return of this property is not grounds | 46751 |
| for dismissal of the case. The commission likewise may order the | 46752 |
| return of confiscated property if no criminal prosecution is | 46753 |
| pending or anticipated. | 46754 |
| (7) Delegate to any of its agents or employees any power of | 46755 |
| investigation that the division possesses with respect to the | 46756 |
|
enforcement of any of the administrative laws relating to beer | 46757 |
| or intoxicating liquor, provided that this division does not | 46758 |
| authorize the division to designate any agent or employee to serve | 46759 |
| as an enforcement agent. The employment and designation of | 46760 |
| enforcement agents shall be within the exclusive authority of the | 46761 |
| director of public safety pursuant to sections 5502.13 to 5502.19 | 46762 |
| of the Revised Code. | 46763 |
| (8) Collect the following fees: | 46764 |
| (a) A biennial | 46765 |
| each agent, solicitor, or salesperson, registered pursuant to | 46766 |
| section 4303.25 of the Revised Code, of a beer or intoxicating | 46767 |
| liquor manufacturer, supplier, broker, or wholesale distributor | 46768 |
| doing business in this state; | 46769 |
| (b) A fifty-dollar product registration fee for each new beer | 46770 |
| or intoxicating liquor product sold in this state. The product | 46771 |
| registration fee shall be accompanied by a copy of the federal | 46772 |
| label and product approval for the new product. | 46773 |
| (c) An annual three-hundred-dollar supplier registration fee | 46774 |
| from each manufacturer or supplier that produces and ships into | 46775 |
| this state, or ships into this state, intoxicating liquor or beer, | 46776 |
| in addition to an initial application fee of one hundred dollars. | 46777 |
| Each supplier, agent, solicitor, or salesperson registration | 46778 |
| issued under this division shall authorize the person named to | 46779 |
| carry on the activity specified in the registration. Each agent, | 46780 |
| solicitor, or salesperson registration is valid for two years or | 46781 |
| for the unexpired portion of a two-year registration period. Each | 46782 |
| supplier registration is valid for one year or for the unexpired | 46783 |
| portion of a one-year registration period. Registrations shall end | 46784 |
| on their respective uniform expiration date, which shall be | 46785 |
| designated by the division, and are subject to suspension, | 46786 |
| revocation, cancellation, or fine as authorized by this chapter | 46787 |
| and Chapter 4303. of the Revised Code. | 46788 |
| (9) Establish a system of electronic data interchange within | 46789 |
| the division and regulate the electronic transfer of information | 46790 |
| and funds among persons and governmental entities engaged in the | 46791 |
| manufacture, distribution, and retail sale of alcoholic beverages; | 46792 |
| (10) Exercise all other powers expressly or by necessary | 46793 |
| implication conferred upon the division by this chapter and | 46794 |
| Chapter 4303. of the Revised Code, and all powers necessary for | 46795 |
| the exercise or discharge of any power, duty, or function | 46796 |
| expressly conferred or imposed upon the division by those | 46797 |
| chapters. | 46798 |
| (B) The division may do all of the following: | 46799 |
| (1) Sue, but may be sued only in connection with the | 46800 |
| execution of leases of real estate and the purchases and contracts | 46801 |
| necessary for the operation of the state liquor stores that are | 46802 |
| made under this chapter and Chapter 4303. of the Revised Code; | 46803 |
| (2) Enter into leases and contracts of all descriptions and | 46804 |
| acquire and transfer title to personal property with regard to the | 46805 |
| sale, distribution, and storage of spirituous liquor within the | 46806 |
| state; | 46807 |
| (3) Terminate at will any lease entered into pursuant to | 46808 |
| division (B)(2) of this section upon first giving ninety days' | 46809 |
| notice in writing to the lessor of its intention to do so; | 46810 |
| (4) Fix the wholesale and retail prices at which the various | 46811 |
| classes, varieties, and brands of spirituous liquor shall be sold | 46812 |
| by the division. Those retail prices shall be the same at all | 46813 |
| state liquor stores, except to the extent that a price | 46814 |
| differential is required to collect a county sales tax levied | 46815 |
| pursuant to section 5739.021 of the Revised Code and for which tax | 46816 |
| the tax commissioner has authorized prepayment pursuant to section | 46817 |
| 5739.05 of the Revised Code. In fixing selling prices, the | 46818 |
| division shall compute an anticipated gross profit at least | 46819 |
| sufficient to provide in each calendar year all costs and expenses | 46820 |
| of the division and also an adequate working capital reserve for | 46821 |
| the division. The gross profit shall not exceed forty per cent of | 46822 |
| the retail selling price based on costs of the division, and in | 46823 |
| addition the sum required by section 4301.12 of the Revised Code | 46824 |
| to be paid into the state treasury. An amount equal to one and | 46825 |
| one-half per cent of that gross profit shall be paid into the | 46826 |
| statewide treatment and prevention fund created by section 4301.30 | 46827 |
| of the Revised Code and be appropriated by the general assembly | 46828 |
| from the fund to the department of alcohol and drug addiction | 46829 |
| services as provided in section 4301.30 of the Revised Code. | 46830 |
| On spirituous liquor manufactured in this state from the | 46831 |
| juice of grapes or fruits grown in this state, the division shall | 46832 |
| compute an anticipated gross profit of not to exceed ten per cent. | 46833 |
| 46834 |
| The wholesale prices fixed under this division shall be at a | 46835 |
| discount of not less
than | 46836 |
| retail selling prices as determined by the division in accordance | 46837 |
| with this section. | 46838 |
| (C) The division may approve the expansion or diminution of a | 46839 |
| premises to which a liquor permit has been issued and may adopt | 46840 |
| standards governing such an expansion or diminution. | 46841 |
| Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of | 46842 |
| the Revised Code: | 46843 |
| (1) "Gallon" or "wine gallon" means one hundred twenty-eight | 46844 |
| fluid ounces. | 46845 |
| (2) "Sale" or "sell" includes exchange, barter, gift, | 46846 |
| distribution, and, except with respect to A-4 permit holders, | 46847 |
| offer for sale. | 46848 |
| (B) For the purposes of providing revenues for the support of | 46849 |
| the state and encouraging the grape industries in the state, a tax | 46850 |
| is hereby levied on the sale or distribution of wine in Ohio, | 46851 |
| except for known sacramental purposes, at the rate of thirty cents | 46852 |
| per wine gallon for wine containing not less than four per cent of | 46853 |
| alcohol by volume and not more than fourteen per cent of alcohol | 46854 |
| by volume, ninety-eight cents per wine gallon for wine containing | 46855 |
| more than fourteen per cent but not more than twenty-one per cent | 46856 |
| of alcohol by volume, one dollar and eight cents per wine gallon | 46857 |
| for vermouth, and one dollar and forty-eight cents per wine gallon | 46858 |
| for sparkling and carbonated wine and champagne, the tax to be | 46859 |
| paid by the holders of A-2 and B-5 permits or by any other person | 46860 |
| selling or distributing wine upon which no tax has been paid. From | 46861 |
| the tax paid under this section on wine, vermouth, and sparkling | 46862 |
| and carbonated wine and champagne, the treasurer of state shall | 46863 |
| credit to the Ohio grape industries fund created under section | 46864 |
| 924.54 of the Revised Code a sum equal to one cent per gallon for | 46865 |
| each gallon upon which the tax is paid. | 46866 |
| (C) For the purpose of providing revenues for the support of | 46867 |
| the state, there is hereby levied a tax on prepared and bottled | 46868 |
| highballs, cocktails, cordials, and other mixed beverages at the | 46869 |
| rate of one dollar and twenty cents per wine gallon to be paid by | 46870 |
| holders of A-4 permits or by any other person selling or | 46871 |
| distributing those products upon which no tax has been paid. Only | 46872 |
| one sale of the same article shall be used in computing the amount | 46873 |
| of tax due. The tax on mixed beverages to be paid by holders of | 46874 |
| A-4 permits under this section shall not attach until the | 46875 |
| ownership of the mixed beverage is transferred for valuable | 46876 |
| consideration to a wholesaler or retailer, and no payment of the | 46877 |
| tax shall be required prior to that time. | 46878 |
| (D) During the period
of July 1,
| 46879 |
| 46880 | |
| and sparkling and carbonated wine and champagne, the treasurer of | 46881 |
| state shall credit to the Ohio grape industries fund created under | 46882 |
| section 924.54 of the Revised Code a sum equal to two cents per | 46883 |
| gallon upon which the tax is paid. The amount credited under this | 46884 |
| division is in addition to the amount credited to the Ohio grape | 46885 |
| industries fund under division (B) of this section. | 46886 |
| (E) For the purpose of providing revenues for the support of | 46887 |
| the state, there is hereby levied a tax on cider at the rate of | 46888 |
| twenty-four cents per wine gallon to be paid by the holders of A-2 | 46889 |
| and B-5 permits or by any other person selling or distributing | 46890 |
| cider upon which no tax has been paid. Only one sale of the same | 46891 |
| article shall be used in computing the amount of the tax due. | 46892 |
| Sec. 4303.182. (A) Except as otherwise provided in divisions | 46893 |
| (B) to (G) of this section, permit D-6 shall be issued to the | 46894 |
| holder of an A-1-A, A-2, C-2, D-2, D-3, D-3a, D-4, D-4a, D-5, | 46895 |
| D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, | 46896 |
| or D-7 permit to allow sale under that permit between the hours of | 46897 |
| ten a.m. and midnight, or between the hours of one p.m. and | 46898 |
| midnight, on Sunday, as applicable, if that sale has been | 46899 |
| authorized under section 4301.361, 4301.364, 4301.365, or 4301.366 | 46900 |
| of the Revised Code and under the restrictions of that | 46901 |
| authorization. | 46902 |
| (B) Permit D-6 shall be issued to the holder of any permit, | 46903 |
| including a D-4a and D-5d permit, authorizing the sale of | 46904 |
| intoxicating liquor issued for a premises located at any publicly | 46905 |
| owned airport, as defined in section 4563.01 of the Revised Code, | 46906 |
| at which commercial airline companies operate regularly scheduled | 46907 |
| flights on which space is available to the public, to allow sale | 46908 |
| under such permit between the hours of ten a.m. and midnight on | 46909 |
| Sunday, whether or not that sale has been authorized under section | 46910 |
| 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. | 46911 |
| (C) Permit D-6 shall be issued to the holder of a D-5a | 46912 |
| permit, and to the holder of a D-3 or D-3a permit who is the owner | 46913 |
| or operator of a hotel or motel that is required to be licensed | 46914 |
| under section 3731.03 of the Revised Code, that contains at least | 46915 |
| fifty rooms for registered transient guests, and that has on its | 46916 |
| premises a retail food establishment or a food service operation | 46917 |
| licensed pursuant to Chapter 3717. of the Revised Code that | 46918 |
| operates as a restaurant for purposes of this chapter and is | 46919 |
| affiliated with the hotel or motel and within or contiguous to the | 46920 |
| hotel or motel and serving food within the hotel or motel, to | 46921 |
| allow sale under such permit between the hours of ten a.m. and | 46922 |
| midnight on Sunday, whether or not that sale has been authorized | 46923 |
| under section 4301.361, 4301.364, 4301.365, or 4301.366 of the | 46924 |
| Revised Code. | 46925 |
| (D) The holder of a D-6 permit that is issued to a sports | 46926 |
| facility may make sales under the permit between the hours of | 46927 |
| eleven a.m. and midnight on any Sunday on which a professional | 46928 |
| baseball, basketball, football, hockey, or soccer game is being | 46929 |
| played at the sports facility. As used in this division, "sports | 46930 |
| facility" means a stadium or arena that has a seating capacity of | 46931 |
| at least four thousand and that is owned or leased by a | 46932 |
| professional baseball, basketball, football, hockey, or soccer | 46933 |
| franchise or any combination of those franchises. | 46934 |
| (E) Permit D-6 shall be issued to the holder of any permit | 46935 |
| that authorizes the sale of beer or intoxicating liquor and that | 46936 |
| is issued to a premises located in or at the Ohio historical | 46937 |
| society area or the state fairgrounds, as defined in division (B) | 46938 |
| of section 4301.40 of the Revised Code, to allow sale under that | 46939 |
| permit between the hours of ten a.m. and midnight on Sunday, | 46940 |
| whether or not that sale has been authorized under section | 46941 |
| 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. | 46942 |
| (F) Permit D-6 shall be issued to the holder of any permit | 46943 |
| that authorizes the sale of intoxicating liquor and that is issued | 46944 |
| to an outdoor performing arts center to allow sale under that | 46945 |
| permit between the hours of one p.m. and midnight on Sunday, | 46946 |
| whether or not that sale has been authorized under section | 46947 |
| 4301.361 of the Revised Code. A D-6 permit issued under this | 46948 |
| division is subject to the results of an election, held after the | 46949 |
| D-6 permit is issued, on question (B)(4) as set forth in section | 46950 |
| 4301.351 of the Revised Code. Following the end of the period | 46951 |
| during which an election may be held on question (B)(4) as set | 46952 |
| forth in that section, sales of intoxicating liquor may continue | 46953 |
| at an outdoor performing arts center under a D-6 permit issued | 46954 |
| under this division, unless an election on that question is held | 46955 |
| during the permitted period and a majority of the voters voting in | 46956 |
| the precinct on that question vote "no." | 46957 |
| As used in this division, "outdoor performing arts center" | 46958 |
| means an outdoor performing arts center that is located on not | 46959 |
| less than eight hundred acres of land and that is open for | 46960 |
| performances from the first day of April to the last day of | 46961 |
| October of each year. | 46962 |
| (G) Permit D-6 shall be issued to the holder of any permit | 46963 |
| that authorizes the sale of beer or intoxicating liquor and that | 46964 |
| is issued to a golf course owned by the state, a conservancy | 46965 |
| district, a park district created under Chapter 1545. of the | 46966 |
| Revised Code, or another political subdivision to allow sale under | 46967 |
| that permit between the hours of ten a.m. and midnight on Sunday, | 46968 |
| whether or not that sale has been authorized under section | 46969 |
| 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. | 46970 |
| (H) Permit D-6 shall be issued to the holder of a D-5g permit | 46971 |
| to allow sale under that permit between the hours of ten a.m. and | 46972 |
| midnight on Sunday, whether or not that sale has been authorized | 46973 |
| under section 4301.361, 4301.364, 4301.365, or 4301.366 of the | 46974 |
| Revised Code. | 46975 |
| (I) Permit D-6 shall be issued to the holder of a D-5 permit | 46976 |
| for a premises that is licensed under section 3717.43 of the | 46977 |
| Revised Code and that is located at a ski area as defined in | 46978 |
| section 4169.01 of the Revised Code to allow sale under the D-6 | 46979 |
| permit between the hours of ten a.m. and midnight on Sunday, | 46980 |
| whether or not that sale has been authorized under section | 46981 |
| 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code. | 46982 |
| (J) If the restriction to licensed premises where the sale of | 46983 |
| food and other goods and services exceeds fifty per cent of the | 46984 |
| total gross receipts of the permit holder at the premises is | 46985 |
| applicable, the division of liquor control may accept an affidavit | 46986 |
| from the permit holder to show the proportion of the permit | 46987 |
| holder's gross receipts derived from the sale of food and other | 46988 |
| goods and services. If the liquor control commission determines | 46989 |
| that affidavit to have been false, it shall revoke the permits of | 46990 |
| the permit holder at the premises concerned. | 46991 |
| | 46992 |
| when it is issued to the holder of an A-1-A, A-2, D-2, D-3, D-3a, | 46993 |
| D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, | 46994 |
| D-5i, D-5j, D-5k, or D-7 permit. The fee for the D-6 permit is | 46995 |
| four hundred dollars when it is issued to the holder of a C-2 | 46996 |
| permit. | 46997 |
| Sec. 4501.01. As used in this chapter and Chapters 4503., | 46998 |
| 4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the | 46999 |
| Revised Code, and in the penal laws, except as otherwise provided: | 47000 |
| (A) "Vehicles" means everything on wheels or runners, | 47001 |
| including motorized bicycles, but does not mean electric personal | 47002 |
| assistive mobility devices, vehicles that are operated exclusively | 47003 |
| on rails or tracks or from overhead electric trolley wires, and | 47004 |
| vehicles that belong to any police department, municipal fire | 47005 |
| department, or volunteer fire department, or that are used by such | 47006 |
| a department in the discharge of its functions. | 47007 |
| (B) "Motor vehicle" means any vehicle, including mobile homes | 47008 |
| and recreational vehicles, that is propelled or drawn by power | 47009 |
| other than muscular power or power collected from overhead | 47010 |
| electric trolley wires. "Motor vehicle" does not include utility | 47011 |
| vehicles as defined in division (VV) of this section, motorized | 47012 |
| bicycles, road rollers, traction engines, power shovels, power | 47013 |
| cranes, and other equipment used in construction work and not | 47014 |
| designed for or employed in general highway transportation, | 47015 |
| well-drilling machinery, ditch-digging machinery, farm machinery, | 47016 |
| trailers that are used to transport agricultural produce or | 47017 |
| agricultural production materials between a local place of storage | 47018 |
| or supply and the farm when drawn or towed on a public road or | 47019 |
| highway at a speed of twenty-five miles per hour or less, | 47020 |
| threshing machinery, hay-baling machinery, corn sheller, | 47021 |
| hammermill and agricultural tractors, machinery used in the | 47022 |
| production of horticultural, agricultural, and vegetable products, | 47023 |
| and trailers that are designed and used exclusively to transport a | 47024 |
| boat between a place of storage and a marina, or in and around a | 47025 |
| marina, when drawn or towed on a public road or highway for a | 47026 |
| distance of no more than ten miles and at a speed of twenty-five | 47027 |
| miles per hour or less. | 47028 |
| (C) "Agricultural tractor" and "traction engine" mean any | 47029 |
| self-propelling vehicle that is designed or used for drawing other | 47030 |
| vehicles or wheeled machinery, but has no provisions for carrying | 47031 |
| loads independently of such other vehicles, and that is used | 47032 |
| principally for agricultural purposes. | 47033 |
| (D) "Commercial tractor," except as defined in division (C) | 47034 |
| of this section, means any motor vehicle that has motive power and | 47035 |
| either is designed or used for drawing other motor vehicles, or is | 47036 |
| designed or used for drawing another motor vehicle while carrying | 47037 |
| a portion of the other motor vehicle or its load, or both. | 47038 |
| (E) "Passenger car" means any motor vehicle that is designed | 47039 |
| and used for carrying not more than nine persons and includes any | 47040 |
| motor vehicle that is designed and used for carrying not more than | 47041 |
| fifteen persons in a ridesharing arrangement. | 47042 |
| (F) "Collector's vehicle" means any motor vehicle or | 47043 |
| agricultural tractor or traction engine that is of special | 47044 |
| interest, that has a fair market value of one hundred dollars or | 47045 |
| more, whether operable or not, and that is owned, operated, | 47046 |
| collected, preserved, restored, maintained, or used essentially as | 47047 |
| a collector's item, leisure pursuit, or investment, but not as the | 47048 |
| owner's principal means of transportation. "Licensed collector's | 47049 |
| vehicle" means a collector's vehicle, other than an agricultural | 47050 |
| tractor or traction engine, that displays current, valid license | 47051 |
| tags issued under section 4503.45 of the Revised Code, or a | 47052 |
| similar type of motor vehicle that displays current, valid license | 47053 |
| tags issued under substantially equivalent provisions in the laws | 47054 |
| of other states. | 47055 |
| (G) "Historical motor vehicle" means any motor vehicle that | 47056 |
| is over twenty-five years old and is owned solely as a collector's | 47057 |
| item and for participation in club activities, exhibitions, tours, | 47058 |
| parades, and similar uses, but that in no event is used for | 47059 |
| general transportation. | 47060 |
| (H) "Noncommercial motor vehicle" means any motor vehicle, | 47061 |
| including a farm truck as defined in section 4503.04 of the | 47062 |
| Revised Code, that is designed by the manufacturer to carry a load | 47063 |
| of no more than one ton and is used exclusively for purposes other | 47064 |
| than engaging in business for profit. | 47065 |
| (I) "Bus" means any motor vehicle that has motor power and is | 47066 |
| designed and used for carrying more than nine passengers, except | 47067 |
| any motor vehicle that is designed and used for carrying not more | 47068 |
| than fifteen passengers in a ridesharing arrangement. | 47069 |
| (J) "Commercial car" or "truck" means any motor vehicle that | 47070 |
| has motor power and is designed and used for carrying merchandise | 47071 |
| or freight, or that is used as a commercial tractor. | 47072 |
| (K) "Bicycle" means every device, other than a tricycle that | 47073 |
| is designed solely for use as a play vehicle by a child, that is | 47074 |
| propelled solely by human power upon which any person may ride, | 47075 |
| and that has either two tandem wheels, or one wheel in front and | 47076 |
| two wheels in the rear, any of which is more than fourteen inches | 47077 |
| in diameter. | 47078 |
| (L) "Motorized bicycle" means any vehicle that either has two | 47079 |
| tandem wheels or one wheel in the front and two wheels in the | 47080 |
| rear, that is capable of being pedaled, and that is equipped with | 47081 |
| a helper motor of not more than fifty cubic centimeters piston | 47082 |
| displacement that produces no more than one brake horsepower and | 47083 |
| is capable of propelling the vehicle at a speed of no greater than | 47084 |
| twenty miles per hour on a level surface. | 47085 |
| (M) "Trailer" means any vehicle without motive power that is | 47086 |
| designed or used for carrying property or persons wholly on its | 47087 |
| own structure and for being drawn by a motor vehicle, and includes | 47088 |
| any such vehicle that is formed by or operated as a combination of | 47089 |
| a semitrailer and a vehicle of the dolly type such as that | 47090 |
| commonly known as a trailer dolly, a vehicle used to transport | 47091 |
| agricultural produce or agricultural production materials between | 47092 |
| a local place of storage or supply and the farm when drawn or | 47093 |
| towed on a public road or highway at a speed greater than | 47094 |
| twenty-five miles per hour, and a vehicle that is designed and | 47095 |
| used exclusively to transport a boat between a place of storage | 47096 |
| and a marina, or in and around a marina, when drawn or towed on a | 47097 |
| public road or highway for a distance of more than ten miles or at | 47098 |
| a speed of more than twenty-five miles per hour. "Trailer" does | 47099 |
| not include a manufactured home or travel trailer. | 47100 |
| (N) "Noncommercial trailer" means any trailer, except a | 47101 |
| travel trailer or trailer that is used to transport a boat as | 47102 |
| described in division (B) of this section, but, where applicable, | 47103 |
| includes a vehicle that is used to transport a boat as described | 47104 |
| in division (M) of this section, that has a gross weight of no | 47105 |
| more than three thousand pounds, and that is used exclusively for | 47106 |
| purposes other than engaging in business for a profit. | 47107 |
| (O) "Mobile home" means a building unit or assembly of closed | 47108 |
| construction that is fabricated in an off-site facility, is more | 47109 |
| than thirty-five body feet in length or, when erected on site, is | 47110 |
| three hundred twenty or more square feet, is built on a permanent | 47111 |
| chassis, is transportable in one or more sections, and does not | 47112 |
| qualify as a manufactured home as defined in division (C)(4) of | 47113 |
| section 3781.06 of the Revised Code or as an industrialized unit | 47114 |
| as defined in division (C)(3) of section 3781.06 of the Revised | 47115 |
| Code. | 47116 |
| (P) "Semitrailer" means any vehicle of the trailer type that | 47117 |
| does not have motive power and is so designed or used with another | 47118 |
| and separate motor vehicle that in operation a part of its own | 47119 |
| weight or that of its load, or both, rests upon and is carried by | 47120 |
| the other vehicle furnishing the motive power for propelling | 47121 |
| itself and the vehicle referred to in this division, and includes, | 47122 |
| for the purpose only of registration and taxation under those | 47123 |
| chapters, any vehicle of the dolly type, such as a trailer dolly, | 47124 |
| that is designed or used for the conversion of a semitrailer into | 47125 |
| a trailer. | 47126 |
| (Q) "Recreational vehicle" means a vehicular portable | 47127 |
| structure that meets all of the following conditions: | 47128 |
| (1) It is designed for the sole purpose of recreational | 47129 |
| travel. | 47130 |
| (2) It is not used for the purpose of engaging in business | 47131 |
| for profit. | 47132 |
| (3) It is not used for the purpose of engaging in intrastate | 47133 |
| commerce. | 47134 |
| (4) It is not used for the purpose of commerce as defined in | 47135 |
| 49 C.F.R. 383.5, as amended. | 47136 |
| (5) It is not regulated by the public utilities commission | 47137 |
| pursuant to Chapter 4919., 4921., or 4923. of the Revised Code. | 47138 |
| (6) It is classed as one of the following: | 47139 |
| (a) "Travel trailer" means a nonself-propelled recreational | 47140 |
| vehicle that does not exceed an overall length of thirty-five | 47141 |
| feet, exclusive of bumper and tongue or coupling, and contains | 47142 |
| less than three hundred twenty square feet of space when erected | 47143 |
| on site. "Travel trailer" includes a tent-type fold-out camping | 47144 |
| trailer as defined in section 4517.01 of the Revised Code. | 47145 |
| (b) "Motor home" means a self-propelled recreational vehicle | 47146 |
| that has no fifth wheel and is constructed with permanently | 47147 |
| installed facilities for cold storage, cooking and consuming of | 47148 |
| food, and for sleeping. | 47149 |
| (c) "Truck camper" means a nonself-propelled recreational | 47150 |
| vehicle that does not have wheels for road use and is designed to | 47151 |
| be placed upon and attached to a motor vehicle. "Truck camper" | 47152 |
| does not include truck covers that consist of walls and a roof, | 47153 |
| but do not have floors and facilities enabling them to be used as | 47154 |
| a dwelling. | 47155 |
| (d) "Fifth wheel trailer" means a vehicle that is of such | 47156 |
| size and weight as to be movable without a special highway permit, | 47157 |
| that has a gross trailer area of four hundred square feet or less, | 47158 |
| that is constructed with a raised forward section that allows a | 47159 |
| bi-level floor plan, and that is designed to be towed by a vehicle | 47160 |
| equipped with a fifth-wheel hitch ordinarily installed in the bed | 47161 |
| of a truck. | 47162 |
| (e) "Park trailer" means a vehicle that is commonly known as | 47163 |
| a park model recreational vehicle, meets the American national | 47164 |
| standard institute standard A119.5 (1988) for park trailers, is | 47165 |
| built on a single chassis, has a gross trailer area of four | 47166 |
| hundred square feet or less when set up, is designed for seasonal | 47167 |
| or temporary living quarters, and may be connected to utilities | 47168 |
| necessary for the operation of installed features and appliances. | 47169 |
| (R) "Pneumatic tires" means tires of rubber and fabric or | 47170 |
| tires of similar material, that are inflated with air. | 47171 |
| (S) "Solid tires" means tires of rubber or similar elastic | 47172 |
| material that are not dependent upon confined air for support of | 47173 |
| the load. | 47174 |
| (T) "Solid tire vehicle" means any vehicle that is equipped | 47175 |
| with two or more solid tires. | 47176 |
| (U) "Farm machinery" means all machines and tools that are | 47177 |
| used in the production, harvesting, and care of farm products, and | 47178 |
| includes trailers that are used to transport agricultural produce | 47179 |
| or agricultural production materials between a local place of | 47180 |
| storage or supply and the farm when drawn or towed on a public | 47181 |
| road or highway at a speed of twenty-five miles per hour or less. | 47182 |
| (V) "Owner" includes any person or firm, other than a | 47183 |
| manufacturer or dealer, that has title to a motor vehicle, except | 47184 |
| that, in sections 4505.01 to 4505.19 of the Revised Code, "owner" | 47185 |
| includes in addition manufacturers and dealers. | 47186 |
| (W) "Manufacturer" and "dealer" include all persons and firms | 47187 |
| that are regularly engaged in the business of manufacturing, | 47188 |
| selling, displaying, offering for sale, or dealing in motor | 47189 |
| vehicles, at an established place of business that is used | 47190 |
| exclusively for the purpose of manufacturing, selling, displaying, | 47191 |
| offering for sale, or dealing in motor vehicles. A place of | 47192 |
| business that is used for manufacturing, selling, displaying, | 47193 |
| offering for sale, or dealing in motor vehicles shall be deemed to | 47194 |
| be used exclusively for those purposes even though snowmobiles or | 47195 |
| all-purpose vehicles are sold or displayed for sale thereat, even | 47196 |
| though farm machinery is sold or displayed for sale thereat, or | 47197 |
| even though repair, accessory, gasoline and oil, storage, parts, | 47198 |
| service, or paint departments are maintained thereat, or, in any | 47199 |
| county having a population of less than seventy-five thousand at | 47200 |
| the last federal census, even though a department in a place of | 47201 |
| business is used to dismantle, salvage, or rebuild motor vehicles | 47202 |
| by means of used parts, if such departments are operated for the | 47203 |
| purpose of furthering and assisting in the business of | 47204 |
| manufacturing, selling, displaying, offering for sale, or dealing | 47205 |
| in motor vehicles. Places of business or departments in a place of | 47206 |
| business used to dismantle, salvage, or rebuild motor vehicles by | 47207 |
| means of using used parts are not considered as being maintained | 47208 |
| for the purpose of assisting or furthering the manufacturing, | 47209 |
| selling, displaying, and offering for sale or dealing in motor | 47210 |
| vehicles. | 47211 |
| (X) "Operator" includes any person who drives or operates a | 47212 |
| motor vehicle upon the public highways. | 47213 |
| (Y) "Chauffeur" means any operator who operates a motor | 47214 |
| vehicle, other than a taxicab, as an employee for hire; or any | 47215 |
| operator whether or not the owner of a motor vehicle, other than a | 47216 |
| taxicab, who operates such vehicle for transporting, for gain, | 47217 |
| compensation, or profit, either persons or property owned by | 47218 |
| another. Any operator of a motor vehicle who is voluntarily | 47219 |
| involved in a ridesharing arrangement is not considered an | 47220 |
| employee for hire or operating such vehicle for gain, | 47221 |
| compensation, or profit. | 47222 |
| (Z) "State" includes the territories and federal districts of | 47223 |
| the United States, and the provinces of Canada. | 47224 |
| (AA) "Public roads and highways" for vehicles includes all | 47225 |
| public thoroughfares, bridges, and culverts. | 47226 |
| (BB) "Manufacturer's number" means the manufacturer's | 47227 |
| original serial number that is affixed to or imprinted upon the | 47228 |
| chassis or other part of the motor vehicle. | 47229 |
| (CC) "Motor number" means the manufacturer's original number | 47230 |
| that is affixed to or imprinted upon the engine or motor of the | 47231 |
| vehicle. | 47232 |
| (DD) "Distributor" means any person who is authorized by a | 47233 |
| motor vehicle manufacturer to distribute new motor vehicles to | 47234 |
| licensed motor vehicle dealers at an established place of business | 47235 |
| that is used exclusively for the purpose of distributing new motor | 47236 |
| vehicles to licensed motor vehicle dealers, except when the | 47237 |
| distributor also is a new motor vehicle dealer, in which case the | 47238 |
| distributor may distribute at the location of the distributor's | 47239 |
| licensed dealership. | 47240 |
| (EE) "Ridesharing arrangement" means the transportation of | 47241 |
| persons in a motor vehicle where the transportation is incidental | 47242 |
| to another purpose of a volunteer driver and includes ridesharing | 47243 |
| arrangements known as carpools, vanpools, and buspools. | 47244 |
| (FF) "Apportionable vehicle" means any vehicle that is used | 47245 |
| or intended for use in two or more international registration plan | 47246 |
| member jurisdictions that allocate or proportionally register | 47247 |
| vehicles, that is used for the transportation of persons for hire | 47248 |
| or designed, used, or maintained primarily for the transportation | 47249 |
| of property, and that meets any of the following qualifications: | 47250 |
| (1) Is a power unit having a gross vehicle weight in excess | 47251 |
| of twenty-six thousand pounds; | 47252 |
| (2) Is a power unit having three or more axles, regardless of | 47253 |
| the gross vehicle weight; | 47254 |
| (3) Is a combination vehicle with a gross vehicle weight in | 47255 |
| excess of twenty-six thousand pounds. | 47256 |
| "Apportionable vehicle" does not include recreational | 47257 |
| vehicles, vehicles displaying restricted plates, city pick-up and | 47258 |
| delivery vehicles, buses used for the transportation of chartered | 47259 |
| parties, or vehicles owned and operated by the United States, this | 47260 |
| state, or any political subdivisions thereof. | 47261 |
| (GG) "Chartered party" means a group of persons who contract | 47262 |
| as a group to acquire the exclusive use of a passenger-carrying | 47263 |
| motor vehicle at a fixed charge for the vehicle in accordance with | 47264 |
| the carrier's tariff, lawfully on file with the United States | 47265 |
| department of transportation, for the purpose of group travel to a | 47266 |
| specified destination or for a particular itinerary, either agreed | 47267 |
| upon in advance or modified by the chartered group after having | 47268 |
| left the place of origin. | 47269 |
| (HH) "International registration plan" means a reciprocal | 47270 |
| agreement of member jurisdictions that is endorsed by the American | 47271 |
| association of motor vehicle administrators, and that promotes and | 47272 |
| encourages the fullest possible use of the highway system by | 47273 |
| authorizing apportioned registration of fleets of vehicles and | 47274 |
| recognizing registration of vehicles apportioned in member | 47275 |
| jurisdictions. | 47276 |
| (II) "Restricted plate" means a license plate that has a | 47277 |
| restriction of time, geographic area, mileage, or commodity, and | 47278 |
| includes license plates issued to farm trucks under division (J) | 47279 |
| of section 4503.04 of the Revised Code. | 47280 |
| (JJ) "Gross vehicle weight," with regard to any commercial | 47281 |
| car, trailer, semitrailer, or bus that is taxed at the rates | 47282 |
| established under section 4503.042 of the Revised Code, means the | 47283 |
| unladen weight of the vehicle fully equipped plus the maximum | 47284 |
| weight of the load to be carried on the vehicle. | 47285 |
| (KK) "Combined gross vehicle weight" with regard to any | 47286 |
| combination of a commercial car, trailer, and semitrailer, that is | 47287 |
| taxed at the rates established under section 4503.042 of the | 47288 |
| Revised Code, means the total unladen weight of the combination of | 47289 |
| vehicles fully equipped plus the maximum weight of the load to be | 47290 |
| carried on that combination of vehicles. | 47291 |
| (LL) "Chauffeured limousine" means a motor vehicle that is | 47292 |
| designed to carry nine or fewer passengers and is operated for | 47293 |
| hire on an hourly basis pursuant to a prearranged contract for the | 47294 |
| transportation of passengers on public roads and highways along a | 47295 |
| route under the control of the person hiring the vehicle and not | 47296 |
| over a defined and regular route. "Prearranged contract" means an | 47297 |
| agreement, made in advance of boarding, to provide transportation | 47298 |
| from a specific location in a chauffeured limousine at a fixed | 47299 |
| rate per hour or trip. "Chauffeured limousine" does not include | 47300 |
| any vehicle that is used exclusively in the business of funeral | 47301 |
| directing. | 47302 |
| (MM) "Manufactured home" has the same meaning as in division | 47303 |
| (C)(4) of section 3781.06 of the Revised Code. | 47304 |
| (NN) "Acquired situs," with respect to a manufactured home or | 47305 |
| a mobile home, means to become located in this state by the | 47306 |
| placement of the home on real property, but does not include the | 47307 |
| placement of a manufactured home or a mobile home in the inventory | 47308 |
| of a new motor vehicle dealer or the inventory of a manufacturer, | 47309 |
| remanufacturer, or distributor of manufactured or mobile homes. | 47310 |
| (OO) "Electronic" includes electrical, digital, magnetic, | 47311 |
| optical, electromagnetic, or any other form of technology that | 47312 |
| entails capabilities similar to these technologies. | 47313 |
| (PP) "Electronic record" means a record generated, | 47314 |
| communicated, received, or stored by electronic means for use in | 47315 |
| an information system or for transmission from one information | 47316 |
| system to another. | 47317 |
| (QQ) "Electronic signature" means a signature in electronic | 47318 |
| form attached to or logically associated with an electronic | 47319 |
| record. | 47320 |
| (RR) "Financial transaction device" has the same meaning as | 47321 |
| in division (A) of section 113.40 of the Revised Code. | 47322 |
| (SS) "Electronic motor vehicle dealer" means a motor vehicle | 47323 |
| dealer licensed under Chapter 4517. of the Revised Code whom the | 47324 |
| registrar of motor vehicles determines meets the criteria | 47325 |
| designated in section 4503.035 of the Revised Code for electronic | 47326 |
| motor vehicle dealers and designates as an electronic motor | 47327 |
| vehicle dealer under that section. | 47328 |
| (TT) "Electric personal assistive mobility device" means a | 47329 |
| self-balancing two non-tandem wheeled device that is designed to | 47330 |
| transport only one person, has an electric propulsion system of an | 47331 |
| average of seven hundred fifty watts, and when ridden on a paved | 47332 |
| level surface by an operator who weighs one hundred seventy pounds | 47333 |
| has a maximum speed of less than twenty miles per hour. | 47334 |
| (UU) "Limited driving privileges" means the privilege to | 47335 |
| operate a motor vehicle that a court grants under section 4510.021 | 47336 |
| of the Revised Code to a person whose driver's or commercial | 47337 |
| driver's license or permit or nonresident operating privilege has | 47338 |
| been suspended. | 47339 |
| (VV) "Utility vehicle" means a self-propelled vehicle | 47340 |
| designed with a bed, principally for the purpose of transporting | 47341 |
| material or cargo in connection with construction, agricultural, | 47342 |
| forestry, grounds maintenance, lawn and garden, materials | 47343 |
| handling, or similar activities. | 47344 |
| Sec. 4501.07. There is hereby created in the state treasury | 47345 |
| the highway safety building fund. Subject to any applicable | 47346 |
| provisions of the bond proceedings, all of the proceeds of the | 47347 |
| sale of highway safety obligations issued pursuant to section | 47348 |
| 152.09 of the Revised Code shall be credited to the fund. The fund | 47349 |
| shall be used to pay costs of capital facilities designated by or | 47350 |
| pursuant to acts of the general assembly. All investment earnings | 47351 |
| of the fund shall be credited to the fund. | 47352 |
| Notwithstanding any provision of law, at any time prior to | 47353 |
| the sale of such obligations, the director of budget and | 47354 |
| management, upon the request of the director of public safety, may | 47355 |
| transfer cash temporarily from the state highway safety fund | 47356 |
| created in section 4501.06 of the Revised Code to the highway | 47357 |
| safety building fund, where such cash may be used to fund capital | 47358 |
| projects for which appropriations have been made from the highway | 47359 |
| safety building fund. At such time as the obligations are sold, | 47360 |
| the director of budget and management shall transfer from the | 47361 |
| highway safety building fund to the highway safety fund any | 47362 |
| amounts originally transferred to the highway safety building fund | 47363 |
| under this section. | 47364 |
| Sec. 4501.37. (A) No court may reverse, suspend, or delay | 47365 |
| any order made by the registrar of motor vehicles, or enjoin, | 47366 |
| restrain, or interfere with the registrar or a deputy registrar in | 47367 |
| the performance of official duties, except as provided in this | 47368 |
| chapter and Chapter 4507. or 4510. of the Revised Code. | 47369 |
| (B) A court shall not order the bureau of motor vehicles to | 47370 |
| delete a record of conviction unless the court finds that deletion | 47371 |
| of the record of conviction is necessary to correct an error. The | 47372 |
| bureau shall not comply with a court order that directs the | 47373 |
| deletion of a record of conviction unless the order states that | 47374 |
| the record of conviction is being deleted in order to correct an | 47375 |
| error. | 47376 |
| Sec. 4503.103. (A)(1)(a) The registrar of motor vehicles may | 47377 |
| adopt rules to permit any person or lessee, other than a person | 47378 |
| receiving an apportioned license plate under the international | 47379 |
| registration plan, who owns or leases one or more motor vehicles | 47380 |
| to file a written application for registration for no more than | 47381 |
| five succeeding registration years. The rules adopted by the | 47382 |
| registrar may designate the classes of motor vehicles that are | 47383 |
| eligible for such registration. At the time of application, all | 47384 |
| annual taxes and fees shall be paid for each year for which the | 47385 |
| person is registering. | 47386 |
| (b)(i) Except as provided in division (A)(1)(b)(ii) of this | 47387 |
| section, the registrar shall adopt rules to permit any person who | 47388 |
| owns a motor vehicle to file an application for registration for | 47389 |
| the next two succeeding registration years. At the time of | 47390 |
| application, the person shall pay the annual taxes and fees for | 47391 |
| each registration year, calculated in accordance with division (C) | 47392 |
| of section 4503.11 of the Revised Code. A person who is | 47393 |
| registering a vehicle under division (A)(1)(b) of this section | 47394 |
| shall pay for each year of registration the additional fee | 47395 |
| established under division (C)(1) of section 4503.10 of the | 47396 |
| Revised Code. The person shall also pay one and one-half times the | 47397 |
| amount of the deputy registrar service fee specified in division | 47398 |
| (D) of section 4503.10 of the Revised Code or the bureau of motor | 47399 |
| vehicles service fee specified in division (G) of that section, as | 47400 |
| applicable. | 47401 |
| (ii) Division (A)(1)(b)(i) of this section does not apply to | 47402 |
| a person receiving an apportioned license plate under the | 47403 |
| international registration plan, or the owner of a commercial car | 47404 |
| used solely in intrastate commerce, or the owner of a bus as | 47405 |
| defined in section 4513.50 of the Revised Code. | 47406 |
| (2) No person applying for a multi-year registration under | 47407 |
| division (A)(1) of this section is entitled to a refund of any | 47408 |
| taxes or fees paid. | 47409 |
| (3) The registrar shall not issue to any applicant who has | 47410 |
| been issued a final, nonappealable order under division (B) of | 47411 |
| this section a multi-year registration or renewal thereof under | 47412 |
| this division or rules adopted under it for any motor vehicle that | 47413 |
| is required to be inspected under section 3704.14 of the Revised | 47414 |
| Code the district of registration of which, as determined under | 47415 |
| section 4503.10 of the Revised Code, is or is located in the | 47416 |
| county named in the order. | 47417 |
| (B) Upon receipt from the director of environmental | 47418 |
|
protection of a notice issued under | 47419 |
| under section 3704.14 of the Revised Code indicating that an owner | 47420 |
| of a motor vehicle that is required to be inspected under that | 47421 |
| section who obtained a multi-year registration for the vehicle | 47422 |
| under division (A) of this section or rules adopted under that | 47423 |
| division has not
obtained | 47424 |
| the vehicle | 47425 |
| 47426 | |
| 47427 | |
| 47428 | |
| 47429 | |
| with Chapter 119. of the Revised Code shall issue an order to the | 47430 |
| owner impounding the certificate of registration and | 47431 |
| identification license plates for the vehicle. The order also | 47432 |
| shall prohibit the owner from obtaining or renewing a multi-year | 47433 |
| registration for any vehicle that is required to be inspected | 47434 |
| under that section, the district of registration of which is or is | 47435 |
| located in the same county as the county named in the order during | 47436 |
| the number of years after expiration of the current multi-year | 47437 |
| registration that equals the number of years for which the current | 47438 |
| multi-year registration was issued. | 47439 |
| An order issued under this division shall require the owner | 47440 |
| to surrender to the registrar the certificate of registration and | 47441 |
| license plates for the vehicle named in the order within five days | 47442 |
| after its issuance. If the owner fails to do so within that time, | 47443 |
| the registrar shall certify that fact to the county sheriff or | 47444 |
| local police officials who shall recover the certificate of | 47445 |
| registration and license plates for the vehicle. | 47446 |
| (C) Upon the occurrence of either of the following | 47447 |
| circumstances, the registrar in accordance with Chapter 119. of | 47448 |
| the Revised Code shall issue to the owner a modified order | 47449 |
| rescinding the provisions of the order issued under division (B) | 47450 |
| of this section impounding the certificate of registration and | 47451 |
| license plates for the vehicle named in that original order: | 47452 |
| (1) Receipt from the director of environmental protection of | 47453 |
|
a subsequent notice under | 47454 |
| section 3704.14 of the Revised Code that the owner has obtained | 47455 |
| the inspection certificate for the vehicle as required under | 47456 |
| 47457 |
| (2) Presentation to the registrar by the owner of the | 47458 |
| required inspection certificate for the vehicle. | 47459 |
| (D) The owner of a motor vehicle for which the certificate of | 47460 |
| registration and license plates have been impounded pursuant to an | 47461 |
| order issued under division (B) of this section, upon issuance of | 47462 |
| a modified order under division (C) of this section, may apply to | 47463 |
| the registrar for their return. A fee of two dollars and fifty | 47464 |
| cents shall be charged for the return of the certificate of | 47465 |
| registration and license plates for each vehicle named in the | 47466 |
| application. | 47467 |
| Sec. 4503.471. (A) Any person who is a member in good | 47468 |
| standing of the international association of firefighters may | 47469 |
| apply to the registrar of motor vehicles for the registration of | 47470 |
|
any passenger car, noncommercial vehicle, | 47471 |
| vehicle, or other vehicle of a class approved by the registrar | 47472 |
| that the person owns or leases and the issuance of international | 47473 |
| association of firefighters license plates. The application shall | 47474 |
| be accompanied by the written evidence that the registrar may | 47475 |
| require by rule showing that the person is a member in good | 47476 |
| standing of the international association of firefighters. The | 47477 |
| application for international association of firefighters license | 47478 |
| plates may be combined with a request for a special reserved | 47479 |
| license plate under section 4503.40 or 4503.42 of the Revised | 47480 |
| Code. | 47481 |
| Upon receipt of an application for registration of a vehicle | 47482 |
| under this section and presentation of satisfactory evidence | 47483 |
| showing that the person is a member in good standing of the | 47484 |
| international association of firefighters, the registrar shall | 47485 |
| issue to the applicant the appropriate vehicle registrations, sets | 47486 |
| of license plates and validation stickers, or validation stickers | 47487 |
| alone when required by section 4503.191 of the Revised Code. | 47488 |
| In addition to the letters and numbers ordinarily inscribed | 47489 |
| on the license plates, international association of firefighters | 47490 |
| license plates shall be inscribed with a Maltese cross emblem | 47491 |
| designed by the international association of firefighters and | 47492 |
| approved by the registrar. International association of | 47493 |
| firefighters license plates shall bear county identification | 47494 |
| stickers that identify the county of registration by name or | 47495 |
| number. | 47496 |
| The license plates and validation stickers shall be issued | 47497 |
| upon payment of the regular license fee as prescribed under | 47498 |
| section 4503.04 of the Revised Code, payment of any local motor | 47499 |
| vehicle tax levied under Chapter 4504. of the Revised Code, and | 47500 |
| payment of an additional fee of ten dollars for the purpose of | 47501 |
| compensating the bureau of motor vehicles for additional services | 47502 |
| required in the issuing of license plates under this section. If | 47503 |
| the application for international association of firefighters | 47504 |
| license plates is combined with a request for a special reserved | 47505 |
| license plate under section 4503.40 or 4503.42 of the Revised | 47506 |
| Code, the license plate and validation sticker shall be issued | 47507 |
| upon payment of the fees and taxes contained in this division and | 47508 |
| the additional fee prescribed under section 4503.40 or 4503.42 of | 47509 |
| the Revised Code. The registrar shall deposit the additional fee | 47510 |
| of ten dollars in the state bureau of motor vehicles fund created | 47511 |
| by section 4501.25 of the Revised Code. | 47512 |
| Whenever a person no longer is eligible to be issued | 47513 |
| international association of firefighters license plates, the | 47514 |
| person shall surrender the international association of | 47515 |
| firefighters license plates to the bureau in exchange for license | 47516 |
| plates without the Maltese cross emblem described in this section. | 47517 |
| A fee of five dollars shall be charged for the services required | 47518 |
| in the issuing of replacement plates when a person no longer is | 47519 |
| eligible to be issued international association of firefighters | 47520 |
| license plates. | 47521 |
| A person may make application for international association | 47522 |
| of firefighters license plates at any time of year, and the | 47523 |
| registrar shall issue international association of firefighters | 47524 |
| license plates and replacement plates at any time of year. | 47525 |
| (B) No person who is not a member in good standing of the | 47526 |
| international association of firefighters shall willfully and | 47527 |
| falsely represent that the person is a member in good standing of | 47528 |
| the international association of firefighters for the purpose of | 47529 |
| obtaining international association of firefighters license plates | 47530 |
| under this section. No person shall own or lease a vehicle bearing | 47531 |
| international association of firefighters license plates unless | 47532 |
| the person is eligible to be issued international association of | 47533 |
| firefighters license plates. | 47534 |
| (C) Whoever violates division (B) of this section is guilty | 47535 |
| of a misdemeanor of the fourth degree. | 47536 |
| Sec. 4503.48. Any person who is a member of the Ohio | 47537 |
| national guard or the reserves of the armed forces of the United | 47538 |
| States may apply to the registrar of motor vehicles for the | 47539 |
| registration of any passenger car, noncommercial motor vehicle, | 47540 |
| 47541 | |
| approved by the registrar that the person owns or leases. The | 47542 |
| application shall be accompanied by such written evidence that the | 47543 |
| person is a member of the Ohio national guard or of the reserves | 47544 |
| as the registrar requires by rule. | 47545 |
| Upon receipt of an application for registration of a motor | 47546 |
| vehicle under this section, presentation of satisfactory evidence | 47547 |
| of membership in the Ohio national guard or the reserves, and | 47548 |
| payment of the regular license fees as prescribed under section | 47549 |
| 4503.04 of the Revised Code and any local motor vehicle license | 47550 |
| tax levied under Chapter 4504. of the Revised Code, the registrar | 47551 |
| shall issue to the applicant the appropriate motor vehicle | 47552 |
| registration and a set of license plates and a validation sticker, | 47553 |
| or a validation sticker alone when required by section 4503.191 of | 47554 |
| the Revised Code. In addition to the letters and numbers | 47555 |
| ordinarily inscribed thereon, the license plates shall be | 47556 |
| inscribed with identifying words or markings designed by the | 47557 |
| department of public safety. The license plates shall bear county | 47558 |
| identification stickers that identify the county of registration | 47559 |
| by name or number. | 47560 |
| Sec. 4503.50. (A) The owner or lessee of any passenger car, | 47561 |
|
noncommercial motor vehicle, | 47562 |
| other vehicle of a class approved by the registrar of motor | 47563 |
| vehicles may apply to the registrar for the registration of the | 47564 |
| vehicle and issuance of future farmers of America license plates. | 47565 |
| The application for future farmers of America license plates may | 47566 |
| be combined with a request for a special reserved license plate | 47567 |
| under section 4503.40 or 4503.42 of the Revised Code. Upon receipt | 47568 |
| of the completed application and compliance with division (B) of | 47569 |
| this section, the registrar shall issue to the applicant the | 47570 |
| appropriate vehicle registration and a set of future farmers of | 47571 |
| America license plates with a validation sticker or a validation | 47572 |
| sticker alone when required by section 4503.191 of the Revised | 47573 |
| Code. | 47574 |
| In addition to the letters and numbers ordinarily inscribed | 47575 |
| on the license plates, future farmers of America license plates | 47576 |
| shall be inscribed with identifying words or markings representing | 47577 |
| the future farmers of America and approved by the registrar. | 47578 |
| Future farmers of America license plates shall bear county | 47579 |
| identification stickers that identify the county of registration | 47580 |
| by name or number. | 47581 |
| (B) The future farmers of America license plates and | 47582 |
| validation sticker shall be issued upon receipt of a contribution | 47583 |
| as provided in division (C) of this section and upon payment of | 47584 |
| the regular license tax as prescribed under section 4503.04 of the | 47585 |
| Revised Code, a fee of ten dollars for the purpose of compensating | 47586 |
| the bureau of motor vehicles for additional services required in | 47587 |
| the issuing of the future farmers of America license plates, any | 47588 |
| applicable motor vehicle tax levied under Chapter 4504. of the | 47589 |
| Revised Code, and compliance with all other applicable laws | 47590 |
| relating to the registration of motor vehicles. If the application | 47591 |
| for future farmers of America license plates is combined with a | 47592 |
| request for a special reserved license plate under section 4503.40 | 47593 |
| or 4503.42 of the Revised Code, the license plate and validation | 47594 |
| sticker shall be issued upon payment of the contribution, fees, | 47595 |
| and taxes referred to or established in this division and the | 47596 |
| additional fee prescribed under section 4503.40 or 4503.42 of the | 47597 |
| Revised Code. | 47598 |
| (C) For each application for registration and registration | 47599 |
| renewal the registrar receives under this section, the registrar | 47600 |
| shall collect a contribution of fifteen dollars. The registrar | 47601 |
| shall transmit this contribution to the treasurer of state for | 47602 |
| deposit in the license plate contribution fund created in section | 47603 |
| 4501.21 of the Revised Code. | 47604 |
| The registrar shall deposit the additional fee of ten dollars | 47605 |
| specified in division (B) of this section that the applicant for | 47606 |
| registration pays for the purpose of compensating the bureau for | 47607 |
| the additional services required in the issuing of the applicant's | 47608 |
| future farmers of America license plates in the state bureau of | 47609 |
| motor vehicles fund created in section 4501.25 of the Revised | 47610 |
| Code. | 47611 |
| Sec. 4503.53. Any person who served in the armed forces of | 47612 |
| the United States in Saudi Arabia or Kuwait during Operation | 47613 |
| Desert Storm or Operation Desert Shield, in Panama during the | 47614 |
| invasion, in Grenada during the invasion, in Lebanon during the | 47615 |
| invasion, during the Vietnam conflict, during the Korean conflict, | 47616 |
| during World War II, or during World War I, and who is on active | 47617 |
| duty or is an honorably discharged veteran may apply to the | 47618 |
| registrar of motor vehicles for the registration of any passenger | 47619 |
|
car, noncommercial motor vehicle, | 47620 |
| or other vehicle of a class approved by the registrar the person | 47621 |
| owns or leases. The application shall be accompanied by such | 47622 |
| written evidence of the applicant's service as the registrar | 47623 |
| requires by rule. In the case of an honorably discharged veteran, | 47624 |
| the written evidence shall include a copy of the applicant's | 47625 |
| DD-214 form or an equivalent document. | 47626 |
| Upon receipt of an application for registration of a motor | 47627 |
| vehicle under this section, presentation of satisfactory evidence | 47628 |
| of military service in Saudi Arabia or Kuwait during Operation | 47629 |
| Desert Storm or Operation Desert Shield, in Panama during the | 47630 |
| invasion, in Grenada during the invasion, in Lebanon during the | 47631 |
| invasion, during the Vietnam conflict, during the Korean conflict, | 47632 |
| during World War II, or during World War I, and payment of the | 47633 |
| regular license tax as prescribed under section 4503.04 of the | 47634 |
| Revised Code and any applicable local tax levied under Chapter | 47635 |
| 4504. of the Revised Code, the registrar shall issue to the | 47636 |
| applicant the appropriate motor vehicle registration and a set of | 47637 |
| license plates and a validation sticker, or a validation sticker | 47638 |
| alone when required by section 4503.191 of the Revised Code. In | 47639 |
| accordance with rules adopted by the registrar, each license plate | 47640 |
| shall be inscribed with identifying letters or numerals and the | 47641 |
| word "VETERAN"; in addition, each license plate shall be inscribed | 47642 |
| with a design and words indicating service in Saudi Arabia, | 47643 |
| Kuwait, Panama, Grenada, or Lebanon, or during the Vietnam | 47644 |
| conflict, the Korean conflict, World War II, or World War I. | 47645 |
| Sec. 4503.571. Any person who has been awarded the purple | 47646 |
| heart may apply to the registrar of motor vehicles for the | 47647 |
| registration of any passenger car, noncommercial motor vehicle, | 47648 |
| 47649 | |
| approved by the registrar that the person owns or leases. The | 47650 |
| application shall be accompanied by such documentary evidence in | 47651 |
| support of the award as the registrar may require. The application | 47652 |
| may be combined with a request for a special reserved license | 47653 |
| plate under section 4503.40 or 4503.42 of the Revised Code. | 47654 |
| Upon receipt of an application for registration of a motor | 47655 |
| vehicle under this section and the required taxes and fees, and | 47656 |
| upon presentation of the required supporting evidence of the award | 47657 |
| of the purple heart, the registrar shall issue to the applicant | 47658 |
| the appropriate motor vehicle registration and a set of license | 47659 |
| plates and a validation sticker, or a validation sticker alone | 47660 |
| when required by section 4503.191 of the Revised Code. | 47661 |
| In addition to the letters and numbers ordinarily inscribed | 47662 |
| on the license plates, the license plates shall be inscribed with | 47663 |
| the words "PURPLE HEART." The license plates shall bear county | 47664 |
| identification stickers that identify the county of registration | 47665 |
| by name or number. | 47666 |
| The license plates and validation stickers shall be issued | 47667 |
| upon payment of the regular license fee required by section | 47668 |
| 4503.04 of the Revised Code, payment of any local motor vehicle | 47669 |
| license tax levied under Chapter 4504. of the Revised Code, and | 47670 |
| compliance with all other applicable laws relating to the | 47671 |
| registration of motor vehicles. If the application is combined | 47672 |
| with a request for a special reserved license plate under section | 47673 |
| 4503.40 or 4503.42 of the Revised Code, the license plates and | 47674 |
| validation sticker shall be issued upon payment of the fees and | 47675 |
| taxes referred to in this section and the additional fee | 47676 |
| prescribed under section 4503.40 or 4503.42 of the Revised Code. | 47677 |
| No person who is not a recipient of the purple heart shall | 47678 |
| willfully and falsely represent that the person is a recipient of | 47679 |
| a purple heart for the purpose of obtaining license plates under | 47680 |
| this section. No person shall own a motor vehicle bearing license | 47681 |
| plates under this section unless the person is eligible to be | 47682 |
| issued those license plates. | 47683 |
| Sec. 4503.59. The owner or lessee of any passenger car, | 47684 |
| noncommercial
motor vehicle, | 47685 |
| other vehicle of a class approved by the registrar of motor | 47686 |
| vehicles who is certified by the Pearl Harbor survivors | 47687 |
| association as having survived the attack on Pearl Harbor may | 47688 |
| apply to the registrar for the registration of the vehicle and | 47689 |
| issuance of Pearl Harbor license plates. The application for Pearl | 47690 |
| Harbor license plates may be combined with a request for a special | 47691 |
| reserved license plate under section 4503.40 or 4503.42 of the | 47692 |
| Revised Code. Upon receipt of the completed application, | 47693 |
| presentation by the applicant of documentation issued by the Pearl | 47694 |
| Harbor survivors association certifying that the applicant | 47695 |
| survived the attack on Pearl Harbor, and compliance by the | 47696 |
| applicant with this section, the registrar shall issue to the | 47697 |
| applicant the appropriate vehicle registration and a set of Pearl | 47698 |
| Harbor license plates with a validation sticker or a validation | 47699 |
| sticker alone when required by section 4503.191 of the Revised | 47700 |
| Code. | 47701 |
| In addition to the letters and numbers ordinarily inscribed | 47702 |
| thereon, Pearl Harbor license plates shall be inscribed with the | 47703 |
| words "Pearl Harbor" and a symbol or logo designed by the Pearl | 47704 |
| Harbor survivors association and approved by the registrar. Pearl | 47705 |
| Harbor license plates shall bear county identification stickers | 47706 |
| that identify the county of registration by name or number. | 47707 |
| Pearl Harbor license plates and validation stickers shall be | 47708 |
| issued upon payment of the regular license fee required by section | 47709 |
| 4503.04 of the Revised Code, payment of any local motor vehicle | 47710 |
| license tax levied under Chapter 4504. of the Revised Code, and | 47711 |
| compliance with all other applicable laws relating to the | 47712 |
| registration of motor vehicles. If the application for Pearl | 47713 |
| Harbor license plates is combined with a request for a special | 47714 |
| reserved license plate under section 4503.40 or 4503.42 of the | 47715 |
| Revised Code, the license plates and validation sticker shall be | 47716 |
| issued upon payment of the fees and taxes contained in this | 47717 |
| section and the additional fee prescribed under section 4503.40 or | 47718 |
| 4503.42 of the Revised Code. | 47719 |
| Sec. 4503.73. (A) The owner or lessee of any passenger car, | 47720 |
|
noncommercial motor vehicle, | 47721 |
| other vehicle of a class approved by the registrar of motor | 47722 |
| vehicles may apply to the registrar for the registration of the | 47723 |
| vehicle and issuance of "the leader in flight" license plates. The | 47724 |
| application for "the leader in flight" license plates may be | 47725 |
| combined with a request for a special reserved license plate under | 47726 |
| section 4503.40 or 4503.42 of the Revised Code. Upon receipt of | 47727 |
| the completed application and compliance with division (B) of this | 47728 |
| section, the registrar shall issue to the applicant the | 47729 |
| appropriate vehicle registration and a set of "the leader in | 47730 |
| flight" license plates with a validation sticker or a validation | 47731 |
| sticker alone when required by section 4503.191 of the Revised | 47732 |
| Code. | 47733 |
| In addition to the letters and numbers ordinarily inscribed | 47734 |
| thereon, "the leader in flight" license plates shall be inscribed | 47735 |
| with the words "the leader in flight" and illustrations of a space | 47736 |
| shuttle in a vertical position and the Wright "B" airplane. "The | 47737 |
| leader in flight" license plates shall bear county identification | 47738 |
| stickers that identify the county of registration by name or | 47739 |
| number. | 47740 |
| (B) "The leader in flight" license plates and validation | 47741 |
| sticker shall be issued upon receipt of a contribution as provided | 47742 |
| in division (C) of this section and payment of the regular license | 47743 |
| tax as prescribed under section 4503.04 of the Revised Code, a fee | 47744 |
| of ten dollars for the purpose of compensating the bureau of motor | 47745 |
| vehicles for additional services required in the issuing of "the | 47746 |
| leader in flight" license plates, any applicable motor vehicle tax | 47747 |
| levied under Chapter 4504. of the Revised Code, and compliance | 47748 |
| with all other applicable laws relating to the registration of | 47749 |
| motor vehicles. If the application for "the leader in flight" | 47750 |
| license plates is combined with a request for a special reserved | 47751 |
| license plate under section 4503.40 or 4503.42 of the Revised | 47752 |
| Code, the license plate and validation sticker shall be issued | 47753 |
| upon payment of the fees and taxes referred to or established in | 47754 |
| this division and the additional fee prescribed under section | 47755 |
| 4503.40 or 4503.42 of the Revised Code. | 47756 |
| (C) For each application for registration and registration | 47757 |
| renewal received under this section, the registrar shall collect a | 47758 |
| contribution of fifteen dollars. The registrar shall transmit this | 47759 |
| contribution to the treasurer of state for deposit in the license | 47760 |
| plate contribution fund created in section 4501.21 of the Revised | 47761 |
| Code. | 47762 |
| The registrar shall deposit the additional fee of ten dollars | 47763 |
| specified in division (B) of this section that the applicant for | 47764 |
| registration voluntarily pays for the purpose of compensating the | 47765 |
| bureau for the additional services required in the issuing of the | 47766 |
| applicant's "the leader in flight" license plates in the state | 47767 |
| bureau of motor vehicles fund created in section 4501.25 of the | 47768 |
| Revised Code. | 47769 |
| Sec. 4503.85. (A) The owner or lessee of any passenger car, | 47770 |
|
noncommercial motor vehicle, | 47771 |
| other vehicle of a class approved by the registrar of motor | 47772 |
| vehicles may apply to the registrar for the registration of the | 47773 |
| vehicle and issuance of "Fish Lake Erie" license plates. The | 47774 |
| application for "Fish Lake Erie" license plates may be combined | 47775 |
| with a request for a special reserved license plate under section | 47776 |
| 4503.40 or 4503.42 of the Revised Code. Upon receipt of the | 47777 |
| completed application and compliance with division (B) of this | 47778 |
| section, the registrar shall issue to the applicant the | 47779 |
| appropriate vehicle registration, a set of "Fish Lake Erie" | 47780 |
| license plates, and a validation sticker, or a validation sticker | 47781 |
| alone when required by section 4503.191 of the Revised Code. | 47782 |
| In addition to the letters and numbers ordinarily inscribed | 47783 |
| on the license plates, "Fish Lake Erie" license plates shall be | 47784 |
| inscribed with identifying words or markings designed by the Ohio | 47785 |
| sea grant college program and approved by the registrar. "Fish | 47786 |
| Lake Erie" license plates shall bear county identification | 47787 |
| stickers that identify the county of registration by name or | 47788 |
| number. | 47789 |
| (B) "Fish Lake Erie" license plates and a validation sticker | 47790 |
| or, when applicable, a validation sticker alone shall be issued | 47791 |
| upon receipt of an application for registration of a motor vehicle | 47792 |
| submitted under this section and a contribution as provided in | 47793 |
| division (C) of this section, payment of the regular license tax | 47794 |
| as prescribed under section 4503.04 of the Revised Code, any | 47795 |
| applicable motor vehicle tax levied under Chapter 4504. of the | 47796 |
| Revised Code, and an additional fee of ten dollars, and compliance | 47797 |
| with all other applicable laws relating to the registration of | 47798 |
| motor vehicles. If the application for "Fish Lake Erie" license | 47799 |
| plates is combined with a request for a special reserved license | 47800 |
| plate under section 4503.40 or 4503.42 of the Revised Code, the | 47801 |
| license plates and validation sticker or validation sticker alone | 47802 |
| shall be issued upon payment of the fees and taxes referred to or | 47803 |
| established in this division plus the additional fee prescribed in | 47804 |
| section 4503.40 or 4503.42 of the Revised Code. | 47805 |
| (C) For each application for registration and registration | 47806 |
| renewal that the registrar receives under this section, the | 47807 |
| registrar shall collect a contribution of fifteen dollars. The | 47808 |
| registrar shall deposit this contribution into the state treasury | 47809 |
| to the credit of the license plate contribution fund created in | 47810 |
| section 4501.21 of the Revised Code. | 47811 |
| The additional fee of ten dollars described in division (B) | 47812 |
| of this section shall be for the purpose of compensating the | 47813 |
| bureau of motor vehicles for additional services required in | 47814 |
| issuing license plates under this section. The registrar shall | 47815 |
| deposit that fee into the state treasury to the credit of the | 47816 |
| state bureau of motor vehicles fund created by section 4501.25 of | 47817 |
| the Revised Code. | 47818 |
| Sec. 4503.91. (A) The owner or lessee of any passenger car, | 47819 |
|
noncommercial motor vehicle, | 47820 |
| other vehicle of a class approved by the registrar of motor | 47821 |
| vehicles may apply to the registrar for the registration of the | 47822 |
| vehicle and issuance of "choose life" license plates. The | 47823 |
| application for "choose life" license plates may be combined with | 47824 |
| a request for a special reserved license plate under section | 47825 |
| 4503.40 or 4503.42 of the Revised Code. Upon receipt of the | 47826 |
| completed application and compliance with divisions (B) and (C) of | 47827 |
| this section, the registrar shall issue to the applicant the | 47828 |
| appropriate vehicle registration and a set of "choose life" | 47829 |
| license plates with a validation sticker or a validation sticker | 47830 |
| alone when required by section 4503.191 of the Revised Code. | 47831 |
| In addition to the letters and numbers ordinarily inscribed | 47832 |
| on license plates, "choose life" license plates shall be inscribed | 47833 |
| with the words "choose life" and a marking designed by "choose | 47834 |
| life, inc.," a private, nonprofit corporation incorporated in the | 47835 |
| state of Florida. The registrar shall review the design and | 47836 |
| approve it if the design is feasible. If the design is not | 47837 |
| feasible, the registrar shall notify "choose life, inc," and the | 47838 |
| organization may resubmit designs until a feasible one is | 47839 |
| approved. "Choose life" license plates shall bear county | 47840 |
| identification stickers that identify the county of registration | 47841 |
| by name or number. | 47842 |
| (B) "Choose life" license plates and a validation sticker, or | 47843 |
| a validation sticker alone, shall be issued upon receipt of a | 47844 |
| contribution as provided in division (C) of this section and upon | 47845 |
| payment of the regular license tax prescribed in section 4503.04 | 47846 |
| of the Revised Code, any applicable motor vehicle tax levied under | 47847 |
| Chapter 4504. of the Revised Code, any applicable additional fee | 47848 |
| prescribed by section 4503.40 or 4503.42 of the Revised Code, a | 47849 |
| fee of ten dollars for the purpose of compensating the bureau of | 47850 |
| motor vehicles for additional services required in the issuing of | 47851 |
| "choose life" license plates, and compliance with all other | 47852 |
| applicable laws relating to the registration of motor vehicles. | 47853 |
| (C)(1) For each application for registration and registration | 47854 |
| renewal received under this section, the registrar shall collect a | 47855 |
| contribution of twenty dollars. The registrar shall transmit this | 47856 |
| contribution to the treasurer of state for deposit in the "choose | 47857 |
| life" fund created in section 3701.65 of the Revised Code. | 47858 |
| (2) The registrar shall deposit the additional fee of ten | 47859 |
| dollars specified in division (B) of this section for the purpose | 47860 |
| of compensating the bureau for the additional services required in | 47861 |
| issuing "choose life" license plates in the state bureau of motor | 47862 |
| vehicles fund created in section 4501.25 of the Revised Code. | 47863 |
| Sec. 4505.06. (A)(1) Application for a certificate of title | 47864 |
| shall be made in a form prescribed by the registrar of motor | 47865 |
| vehicles and shall be sworn to before a notary public or other | 47866 |
| officer empowered to administer oaths. The application shall be | 47867 |
| filed with the clerk of any court of common pleas. An application | 47868 |
| for a certificate of title may be filed electronically by any | 47869 |
| electronic means approved by the registrar in any county with the | 47870 |
| clerk of the court of common pleas of that county. Any payments | 47871 |
| required by this chapter shall be considered as accompanying any | 47872 |
| electronically transmitted application when payment actually is | 47873 |
| received by the clerk. Payment of any fee or taxes may be made by | 47874 |
| electronic transfer of funds. | 47875 |
| (2) The application for a certificate of title shall be | 47876 |
| accompanied by the fee prescribed in section 4505.09 of the | 47877 |
| Revised Code. The fee shall be retained by the clerk who issues | 47878 |
| the certificate of title and shall be distributed in accordance | 47879 |
| with that section. If a clerk of a court of common pleas, other | 47880 |
| than the clerk of the court of common pleas of an applicant's | 47881 |
| county of residence, issues a certificate of title to the | 47882 |
| applicant, the clerk shall transmit data related to the | 47883 |
| transaction to the automated title processing system. | 47884 |
| (3) If a certificate of title previously has been issued for | 47885 |
| a motor vehicle in this state, the application for a certificate | 47886 |
| of title also shall be accompanied by that certificate of title | 47887 |
| duly assigned, unless otherwise provided in this chapter. If a | 47888 |
| certificate of title previously has not been issued for the motor | 47889 |
| vehicle in this state, the application, unless otherwise provided | 47890 |
| in this chapter, shall be accompanied by a manufacturer's or | 47891 |
| importer's certificate or by a certificate of title of another | 47892 |
| state from which the motor vehicle was brought into this state. If | 47893 |
| the application refers to a motor vehicle last previously | 47894 |
| registered in another state, the application also shall be | 47895 |
| accompanied by the physical inspection certificate required by | 47896 |
| section 4505.061 of the Revised Code. If the application is made | 47897 |
| by two persons regarding a motor vehicle in which they wish to | 47898 |
| establish joint ownership with right of survivorship, they may do | 47899 |
| so as provided in section 2131.12 of the Revised Code. If the | 47900 |
| applicant requests a designation of the motor vehicle in | 47901 |
| beneficiary form so that upon the death of the owner of the motor | 47902 |
| vehicle, ownership of the motor vehicle will pass to a designated | 47903 |
| transfer-on-death beneficiary or beneficiaries, the applicant may | 47904 |
| do so as provided in section 2131.13 of the Revised Code. A person | 47905 |
| who establishes ownership of a motor vehicle that is transferable | 47906 |
| on death in accordance with section 2131.13 of the Revised Code | 47907 |
| may terminate that type of ownership or change the designation of | 47908 |
| the transfer-on-death beneficiary or beneficiaries by applying for | 47909 |
| a certificate of title pursuant to this section. The clerk shall | 47910 |
| retain the evidence of title presented by the applicant and on | 47911 |
| which the certificate of title is issued, except that, if an | 47912 |
| application for a certificate of title is filed electronically by | 47913 |
| an electronic motor vehicle dealer on behalf of the purchaser of a | 47914 |
| motor vehicle, the clerk shall retain the completed electronic | 47915 |
| record to which the dealer converted the certificate of title | 47916 |
| application and other required documents. The registrar, after | 47917 |
| consultation with the attorney general, shall adopt rules that | 47918 |
| govern the location at which, and the manner in which, are stored | 47919 |
| the actual application and all other documents relating to the | 47920 |
| sale of a motor vehicle when an electronic motor vehicle dealer | 47921 |
| files the application for a certificate of title electronically on | 47922 |
| behalf of the purchaser. | 47923 |
| The clerk shall use reasonable diligence in ascertaining | 47924 |
| whether or not the facts in the application for a certificate of | 47925 |
| title are true by checking the application and documents | 47926 |
| accompanying it or the electronic record to which a dealer | 47927 |
| converted the application and accompanying documents with the | 47928 |
| records of motor vehicles in the clerk's office. If the clerk is | 47929 |
| satisfied that the applicant is the owner of the motor vehicle and | 47930 |
| that the application is in the proper form, the clerk, within five | 47931 |
| business days after the application is filed and except as | 47932 |
| provided in section 4505.021 of the Revised Code, shall issue a | 47933 |
| physical certificate of title over the clerk's signature and | 47934 |
| sealed with the clerk's seal, unless the applicant specifically | 47935 |
| requests the clerk not to issue a physical certificate of title | 47936 |
| and instead to issue an electronic certificate of title. For | 47937 |
| purposes of the transfer of a certificate of title, if the clerk | 47938 |
| is satisfied that the secured party has duly discharged a lien | 47939 |
| notation but has not canceled the lien notation with a clerk, the | 47940 |
| clerk may cancel the lien notation on the automated title | 47941 |
| processing system and notify the clerk of the county of origin. | 47942 |
| (4) In the case of the sale of a motor vehicle to a general | 47943 |
| buyer or user by a dealer, by a motor vehicle leasing dealer | 47944 |
| selling the motor vehicle to the lessee or, in a case in which the | 47945 |
| leasing dealer subleased the motor vehicle, the sublessee, at the | 47946 |
| end of the lease agreement or sublease agreement, or by a | 47947 |
| manufactured home broker, the certificate of title shall be | 47948 |
| obtained in the name of the buyer by the dealer, leasing dealer, | 47949 |
| or manufactured home broker, as the case may be, upon application | 47950 |
| signed by the buyer. The certificate of title shall be issued, or | 47951 |
| the process of entering the certificate of title application | 47952 |
| information into the automated title processing system if a | 47953 |
| physical certificate of title is not to be issued shall be | 47954 |
| completed, within five business days after the application for | 47955 |
| title is filed with the clerk. If the buyer of the motor vehicle | 47956 |
| previously leased the motor vehicle and is buying the motor | 47957 |
| vehicle at the end of the lease pursuant to that lease, the | 47958 |
| certificate of title shall be obtained in the name of the buyer by | 47959 |
| the motor vehicle leasing dealer who previously leased the motor | 47960 |
| vehicle to the buyer or by the motor vehicle leasing dealer who | 47961 |
| subleased the motor vehicle to the buyer under a sublease | 47962 |
| agreement. | 47963 |
| In all other cases, except as provided in section 4505.032 | 47964 |
| and division (D)(2) of section 4505.11 of the Revised Code, such | 47965 |
| certificates shall be obtained by the buyer. | 47966 |
| (5)(a)(i) If the certificate of title is being obtained in | 47967 |
| the name of the buyer by a motor vehicle dealer or motor vehicle | 47968 |
| leasing dealer and there is a security interest to be noted on the | 47969 |
| certificate of title, the dealer or leasing dealer shall submit | 47970 |
| the application for the certificate of title and payment of the | 47971 |
| applicable tax to a clerk within seven business days after the | 47972 |
| later of the delivery of the motor vehicle to the buyer or the | 47973 |
| date the dealer or leasing dealer obtains the manufacturer's or | 47974 |
| importer's certificate, or certificate of title issued in the name | 47975 |
| of the dealer or leasing dealer, for the motor vehicle. Submission | 47976 |
| of the application for the certificate of title and payment of the | 47977 |
| applicable tax within the required seven business days may be | 47978 |
| indicated by postmark or receipt by a clerk within that period. | 47979 |
| (ii) Upon receipt of the certificate of title with the | 47980 |
| security interest noted on its face, the dealer or leasing dealer | 47981 |
| shall forward the certificate of title to the secured party at the | 47982 |
| location noted in the financing documents or otherwise specified | 47983 |
| by the secured party. | 47984 |
| (iii) A motor vehicle dealer or motor vehicle leasing dealer | 47985 |
| is liable to a secured party for a late fee of ten dollars per day | 47986 |
| for each certificate of title application and payment of the | 47987 |
| applicable tax that is submitted to a clerk more than seven | 47988 |
| business days but less than twenty-one days after the later of the | 47989 |
| delivery of the motor vehicle to the buyer or the date the dealer | 47990 |
| or leasing dealer obtains the manufacturer's or importer's | 47991 |
| certificate, or certificate of title issued in the name of the | 47992 |
| dealer or leasing dealer, for the motor vehicle and, from then on, | 47993 |
| twenty-five dollars per day until the application and applicable | 47994 |
| tax are submitted to a clerk. | 47995 |
| (b) In all cases of transfer of a motor vehicle, the | 47996 |
| application for certificate of title shall be filed within thirty | 47997 |
| days after the assignment or delivery of the motor vehicle. If an | 47998 |
| application for a certificate of title is not filed within the | 47999 |
| period specified in division (A)(5)(b) of this section, the clerk | 48000 |
| shall collect a fee of five dollars for the issuance of the | 48001 |
| certificate, except that no such fee shall be required from a | 48002 |
| motor vehicle salvage dealer, as defined in division (A) of | 48003 |
| section 4738.01 of the Revised Code, who immediately surrenders | 48004 |
| the certificate of title for cancellation. The fee shall be in | 48005 |
| addition to all other fees established by this chapter, and shall | 48006 |
| be retained by the clerk. The registrar shall provide, on the | 48007 |
| certificate of title form prescribed by section 4505.07 of the | 48008 |
| Revised Code, language necessary to give evidence of the date on | 48009 |
| which the assignment or delivery of the motor vehicle was made. | 48010 |
| (6) As used in division (A) of this section, "lease | 48011 |
| agreement," "lessee," and "sublease agreement" have the same | 48012 |
| meanings as in section 4505.04 of the Revised Code. | 48013 |
| (B)(1) The clerk, except as provided in this section, shall | 48014 |
| refuse to accept for filing any application for a certificate of | 48015 |
| title and shall refuse to issue a certificate of title unless the | 48016 |
| dealer or manufactured home broker or the applicant, in cases in | 48017 |
| which the certificate shall be obtained by the buyer, submits with | 48018 |
| the application payment of the tax levied by or pursuant to | 48019 |
| Chapters 5739. and 5741. of the Revised Code based on the | 48020 |
| purchaser's county of residence. Upon payment of the tax in | 48021 |
| accordance with division (E) of this section, the clerk shall | 48022 |
| issue a receipt prescribed by the registrar and agreed upon by the | 48023 |
| tax commissioner showing payment of the tax or a receipt issued by | 48024 |
| the commissioner showing the payment of the tax. When submitting | 48025 |
| payment of the tax to the clerk, a dealer shall retain any | 48026 |
| discount to which the dealer is entitled under section 5739.12 of | 48027 |
| the Revised Code. | 48028 |
| (2) For receiving and disbursing such taxes paid to the clerk | 48029 |
| by a resident of the clerk's county, the clerk may retain a | 48030 |
| poundage fee of one and one one-hundredth per cent, and the clerk | 48031 |
| shall pay the poundage fee into the certificate of title | 48032 |
| administration fund created by section 325.33 of the Revised Code. | 48033 |
| The clerk shall not retain a poundage fee from payments of taxes | 48034 |
| by persons who do not reside in the clerk's county. | 48035 |
| A clerk, however, may retain from the taxes paid to the clerk | 48036 |
| an amount equal to the poundage fees associated with certificates | 48037 |
| of title issued by other clerks of courts of common pleas to | 48038 |
| applicants who reside in the first clerk's county. The registrar, | 48039 |
| in consultation with the tax commissioner and the clerks of the | 48040 |
| courts of common pleas, shall develop a report from the automated | 48041 |
| title processing system that informs each clerk of the amount of | 48042 |
| the poundage fees that the clerk is permitted to retain from those | 48043 |
| taxes because of certificates of title issued by the clerks of | 48044 |
| other counties to applicants who reside in the first clerk's | 48045 |
| county. | 48046 |
| (3) In the case of casual sales of motor vehicles, as defined | 48047 |
| in section 4517.01 of the Revised Code, the price for the purpose | 48048 |
| of determining the tax shall be the purchase price on the assigned | 48049 |
| certificate of title executed by the seller and filed with the | 48050 |
| clerk by the buyer on a form to be prescribed by the registrar, | 48051 |
| which shall be prima-facie evidence of the amount for the | 48052 |
| determination of the tax. | 48053 |
| (4) Each county clerk shall forward to the treasurer of state | 48054 |
| all sales and use tax collections resulting from sales of motor | 48055 |
| vehicles, off-highway motorcycles, and all-purpose vehicles during | 48056 |
| a calendar week on or before the Friday following the close of | 48057 |
| that week. If, on any Friday, the offices of the clerk of courts | 48058 |
| or the state are not open for business, the tax shall be forwarded | 48059 |
| to the treasurer of state on or before the next day on which the | 48060 |
| offices are open. Every remittance of tax under division (B)(4) of | 48061 |
| this section shall be accompanied by a remittance report in such | 48062 |
| form as the tax commissioner prescribes. Upon receipt of a tax | 48063 |
| remittance and remittance report, the treasurer of state shall | 48064 |
| date stamp the report and forward it to the tax commissioner. If | 48065 |
| the tax due for any week is not remitted by a clerk of courts as | 48066 |
| required under division (B)(4) of this section, the commissioner | 48067 |
| may require the clerk to forfeit the poundage fees for the sales | 48068 |
| made during that week. The treasurer of state may require the | 48069 |
| clerks of courts to transmit tax collections and remittance | 48070 |
| reports electronically. | 48071 |
| (C)(1) If the transferor indicates on the certificate of | 48072 |
| title that the odometer reflects mileage in excess of the designed | 48073 |
| mechanical limit of the odometer, the clerk shall enter the phrase | 48074 |
| "exceeds mechanical limits" following the mileage designation. If | 48075 |
| the transferor indicates on the certificate of title that the | 48076 |
| odometer reading is not the actual mileage, the clerk shall enter | 48077 |
| the phrase "nonactual: warning - odometer discrepancy" following | 48078 |
| the mileage designation. The clerk shall use reasonable care in | 48079 |
| transferring the information supplied by the transferor, but is | 48080 |
| not liable for any errors or omissions of the clerk or those of | 48081 |
| the clerk's deputies in the performance of the clerk's duties | 48082 |
| created by this chapter. | 48083 |
| The registrar shall prescribe an affidavit in which the | 48084 |
| transferor shall swear to the true selling price and, except as | 48085 |
| provided in this division, the true odometer reading of the motor | 48086 |
| vehicle. The registrar may prescribe an affidavit in which the | 48087 |
| seller and buyer provide information pertaining to the odometer | 48088 |
| reading of the motor vehicle in addition to that required by this | 48089 |
| section, as such information may be required by the United States | 48090 |
| secretary of transportation by rule prescribed under authority of | 48091 |
| subchapter IV of the "Motor Vehicle Information and Cost Savings | 48092 |
| Act," 86 Stat. 961 (1972), 15 U.S.C. 1981. | 48093 |
| (2) Division (C)(1) of this section does not require the | 48094 |
| giving of information concerning the odometer and odometer reading | 48095 |
| of a motor vehicle when ownership of a motor vehicle is being | 48096 |
| transferred as a result of a bequest, under the laws of intestate | 48097 |
| succession, to a survivor pursuant to section 2106.18, 2131.12, or | 48098 |
| 4505.10 of the Revised Code, to a transfer-on-death beneficiary or | 48099 |
| beneficiaries pursuant to section 2131.13 of the Revised Code, in | 48100 |
| connection with the creation of a security interest or for a | 48101 |
| vehicle with a gross vehicle weight rating of more than sixteen | 48102 |
| thousand pounds. | 48103 |
| (D) When the transfer to the applicant was made in some other | 48104 |
| state or in interstate commerce, the clerk, except as provided in | 48105 |
| this section, shall refuse to issue any certificate of title | 48106 |
| unless the tax imposed by or pursuant to Chapter 5741. of the | 48107 |
| Revised Code based on the purchaser's county of residence has been | 48108 |
| paid as evidenced by a receipt issued by the tax commissioner, or | 48109 |
| unless the applicant submits with the application payment of the | 48110 |
| tax. Upon payment of the tax in accordance with division (E) of | 48111 |
| this section, the clerk shall issue a receipt prescribed by the | 48112 |
| registrar and agreed upon by the tax commissioner, showing payment | 48113 |
| of the tax. | 48114 |
| For receiving and disbursing such taxes paid to the clerk by | 48115 |
| a resident of the clerk's county, the clerk may retain a poundage | 48116 |
| fee of one and one one-hundredth per cent. The clerk shall not | 48117 |
| retain a poundage fee from payments of taxes by persons who do not | 48118 |
| reside in the clerk's county. | 48119 |
| A clerk, however, may retain from the taxes paid to the clerk | 48120 |
| an amount equal to the poundage fees associated with certificates | 48121 |
| of title issued by other clerks of courts of common pleas to | 48122 |
| applicants who reside in the first clerk's county. The registrar, | 48123 |
| in consultation with the tax commissioner and the clerks of the | 48124 |
| courts of common pleas, shall develop a report from the automated | 48125 |
| title processing system that informs each clerk of the amount of | 48126 |
| the poundage fees that the clerk is permitted to retain from those | 48127 |
| taxes because of certificates of title issued by the clerks of | 48128 |
| other counties to applicants who reside in the first clerk's | 48129 |
| county. | 48130 |
| When the vendor is not regularly engaged in the business of | 48131 |
| selling motor vehicles, the vendor shall not be required to | 48132 |
| purchase a vendor's license or make reports concerning those | 48133 |
| sales. | 48134 |
| (E) The clerk shall accept any payment of a tax in cash, or | 48135 |
| by cashier's check, certified check, draft, money order, or teller | 48136 |
| check issued by any insured financial institution payable to the | 48137 |
| clerk and submitted with an application for a certificate of title | 48138 |
| under division (B) or (D) of this section. The clerk also may | 48139 |
| accept payment of the tax by corporate, business, or personal | 48140 |
| check, credit card, electronic transfer or wire transfer, debit | 48141 |
| card, or any other accepted form of payment made payable to the | 48142 |
| clerk. The clerk may require bonds, guarantees, or letters of | 48143 |
| credit to ensure the collection of corporate, business, or | 48144 |
| personal checks. Any service fee charged by a third party to a | 48145 |
| clerk for the use of any form of payment may be paid by the clerk | 48146 |
| from the certificate of title administration fund created in | 48147 |
| section 325.33 of the Revised Code, or may be assessed by the | 48148 |
| clerk upon the applicant as an additional fee. Upon collection, | 48149 |
| the additional fees shall be paid by the clerk into that | 48150 |
| certificate of title administration fund. | 48151 |
| The clerk shall make a good faith effort to collect any | 48152 |
| payment of taxes due but not made because the payment was returned | 48153 |
| or dishonored, but the clerk is not personally liable for the | 48154 |
| payment of uncollected taxes or uncollected fees. The clerk shall | 48155 |
| notify the tax commissioner of any such payment of taxes that is | 48156 |
| due but not made and shall furnish the information to the | 48157 |
| commissioner that the commissioner requires. The clerk shall | 48158 |
| deduct the amount of taxes due but not paid from the clerk's | 48159 |
| periodic remittance of tax payments, in accordance with procedures | 48160 |
| agreed upon by the tax commissioner. The commissioner may collect | 48161 |
| taxes due by assessment in the manner provided in section 5739.13 | 48162 |
| of the Revised Code. | 48163 |
| Any person who presents payment that is returned or | 48164 |
| dishonored for any reason is liable to the clerk for payment of a | 48165 |
| penalty over and above the amount of the taxes due. The clerk | 48166 |
| shall determine the amount of the penalty, and the penalty shall | 48167 |
| be no greater than that amount necessary to compensate the clerk | 48168 |
| for banking charges, legal fees, or other expenses incurred by the | 48169 |
| clerk in collecting the returned or dishonored payment. The | 48170 |
| remedies and procedures provided in this section are in addition | 48171 |
| to any other available civil or criminal remedies. Subsequently | 48172 |
| collected penalties, poundage fees, and title fees, less any title | 48173 |
| fee due the state, from returned or dishonored payments collected | 48174 |
| by the clerk shall be paid into the certificate of title | 48175 |
| administration fund. Subsequently collected taxes, less poundage | 48176 |
| fees, shall be sent by the clerk to the treasurer of state at the | 48177 |
| next scheduled periodic remittance of tax payments, with | 48178 |
| information as the commissioner may require. The clerk may abate | 48179 |
| all or any part of any penalty assessed under this division. | 48180 |
| (F) In the following cases, the clerk shall accept for filing | 48181 |
| an application and shall issue a certificate of title without | 48182 |
| requiring payment or evidence of payment of the tax: | 48183 |
| (1) When the purchaser is this state or any of its political | 48184 |
| subdivisions, a church, or an organization whose purchases are | 48185 |
| exempted by section 5739.02 of the Revised Code; | 48186 |
| (2) When the transaction in this state is not a retail sale | 48187 |
| as defined by section 5739.01 of the Revised Code; | 48188 |
| (3) When the purchase is outside this state or in interstate | 48189 |
| commerce and the purpose of the purchaser is not to use, store, or | 48190 |
| consume within the meaning of section 5741.01 of the Revised Code; | 48191 |
| (4) When the purchaser is the federal government; | 48192 |
| (5) When the motor vehicle was purchased outside this state | 48193 |
| for use outside this state; | 48194 |
| (6) When the motor vehicle is purchased by a nonresident of | 48195 |
| this state for immediate removal from this state, and will be | 48196 |
| permanently titled and registered in another state, as provided by | 48197 |
| division (B)(23) of section 5739.02 of the Revised Code, and upon | 48198 |
| presentation of a copy of the affidavit provided by that section, | 48199 |
| and a copy of the exemption certificate provided by section | 48200 |
| 5739.03 of the Revised Code. | 48201 |
| | 48202 |
| 48203 | |
| 48204 | |
| 48205 |
| (G) An application, as prescribed by the registrar and agreed | 48206 |
| to by the tax commissioner, shall be filled out and sworn to by | 48207 |
| the buyer of a motor vehicle in a casual sale. The application | 48208 |
| shall contain the following notice in bold lettering: "WARNING TO | 48209 |
| TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by | 48210 |
| law to state the true selling price. A false statement is in | 48211 |
| violation of section 2921.13 of the Revised Code and is punishable | 48212 |
| by six months' imprisonment or a fine of up to one thousand | 48213 |
| dollars, or both. All transfers are audited by the department of | 48214 |
| taxation. The seller and buyer must provide any information | 48215 |
| requested by the department of taxation. The buyer may be assessed | 48216 |
| any additional tax found to be due." | 48217 |
| (H) For sales of manufactured homes or mobile homes occurring | 48218 |
| on or after January 1, 2000, the clerk shall accept for filing, | 48219 |
| pursuant to Chapter 5739. of the Revised Code, an application for | 48220 |
| a certificate of title for a manufactured home or mobile home | 48221 |
| without requiring payment of any tax pursuant to section 5739.02, | 48222 |
| 5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt | 48223 |
| issued by the tax commissioner showing payment of the tax. For | 48224 |
| sales of manufactured homes or mobile homes occurring on or after | 48225 |
| January 1, 2000, the applicant shall pay to the clerk an | 48226 |
| additional fee of five dollars for each certificate of title | 48227 |
| issued by the clerk for a manufactured or mobile home pursuant to | 48228 |
| division (H) of section 4505.11 of the Revised Code and for each | 48229 |
| certificate of title issued upon transfer of ownership of the | 48230 |
| home. The clerk shall credit the fee to the county certificate of | 48231 |
| title administration fund, and the fee shall be used to pay the | 48232 |
| expenses of archiving those certificates pursuant to division (A) | 48233 |
| of section 4505.08 and division (H)(3) of section 4505.11 of the | 48234 |
| Revised Code. The tax commissioner shall administer any tax on a | 48235 |
| manufactured or mobile home pursuant to Chapters 5739. and 5741. | 48236 |
| of the Revised Code. | 48237 |
| (I) Every clerk shall have the capability to transact by | 48238 |
| electronic means all procedures and transactions relating to the | 48239 |
| issuance of motor vehicle certificates of title that are described | 48240 |
| in the Revised Code as being accomplished by electronic means. | 48241 |
| Sec. 4506.03. (A) Except as provided in divisions (B) and | 48242 |
| (C) of this section, the following shall apply: | 48243 |
| (1) No person shall drive a commercial motor vehicle on a | 48244 |
| highway in this state unless the person holds, and has in the | 48245 |
| person's possession, a valid commercial driver's license with | 48246 |
| proper endorsements for the motor vehicle being driven, issued by | 48247 |
| the registrar of motor vehicles, a valid examiner's commercial | 48248 |
| driving permit issued under section 4506.13 of the Revised Code, a | 48249 |
| valid restricted commercial driver's license and waiver for | 48250 |
| farm-related service industries issued under section 4506.24 of | 48251 |
| the Revised Code, or a valid commercial driver's license temporary | 48252 |
| instruction permit issued by the registrar and is accompanied by | 48253 |
| an authorized state driver's license examiner or tester or a | 48254 |
| person who has been issued and has in the person's immediate | 48255 |
| possession a current, valid commercial driver's license with | 48256 |
| proper endorsements for the motor vehicle being driven. | 48257 |
| (2) No person shall be issued a commercial driver's license | 48258 |
| until the person surrenders to the registrar of motor vehicles all | 48259 |
| valid licenses issued to the person by another jurisdiction | 48260 |
| recognized by this state. The registrar shall report the surrender | 48261 |
| of a license to the issuing authority, together with information | 48262 |
| that a license is now issued in this state. The registrar shall | 48263 |
| destroy any such license that is not returned to the issuing | 48264 |
| authority. | 48265 |
| (3) No person who has been a resident of this state for | 48266 |
| thirty days or longer shall drive a commercial motor vehicle under | 48267 |
| the authority of a commercial driver's license issued by another | 48268 |
| jurisdiction. | 48269 |
| (B) Nothing in division (A) of this section applies to any | 48270 |
| qualified person when engaged in the operation of any of the | 48271 |
| following: | 48272 |
| (1) A farm truck; | 48273 |
| (2) Fire equipment for a fire department, volunteer or | 48274 |
| nonvolunteer fire company, fire district, or joint fire district; | 48275 |
| (3) A public safety vehicle used to provide transportation or | 48276 |
| emergency medical service for ill or injured persons; | 48277 |
| (4) A recreational vehicle; | 48278 |
| (5) A commercial motor vehicle within the boundaries of an | 48279 |
| eligible unit of local government, if the person is employed by | 48280 |
| the eligible unit of local government and is operating the | 48281 |
| commercial motor vehicle for the purpose of removing snow or ice | 48282 |
| from a roadway by plowing, sanding, or salting, but only if either | 48283 |
| the employee who holds a commercial driver's license issued under | 48284 |
| this chapter and ordinarily operates a commercial motor vehicle | 48285 |
| for these purposes is unable to operate the vehicle, or the | 48286 |
| employing eligible unit of local government determines that a snow | 48287 |
| or ice emergency exists that requires additional assistance; | 48288 |
| (6) A vehicle operated for military purposes by any member or | 48289 |
| uniformed employee of the armed forces of the United States or | 48290 |
| their reserve components, including the Ohio national guard. This | 48291 |
| exception does not apply to United States reserve technicians. | 48292 |
| (7) A commercial motor vehicle that is operated for | 48293 |
| nonbusiness purposes. "Operated for nonbusiness purposes" means | 48294 |
| that the commercial motor vehicle is not used in commerce as | 48295 |
| "commerce" is defined in 49 C.F.R. 383.5, as amended, and is not | 48296 |
| regulated by the public utilities commission pursuant to Chapter | 48297 |
| 4919., 4921., or 4923. of the Revised Code. | 48298 |
| (8) A motor vehicle that is designed primarily for the | 48299 |
| transportation of goods and not persons, while that motor vehicle | 48300 |
| is being used for the occasional transportation of personal | 48301 |
| property by individuals not for compensation and not in the | 48302 |
| furtherance of a commercial enterprise; | 48303 |
| (9) A police SWAT team vehicle, as provided in 49 C.F.R.. | 48304 |
| 383.3. | 48305 |
| (C) Nothing contained in division (B)(5) of this section | 48306 |
| shall be construed as preempting or superseding any law, rule, or | 48307 |
| regulation of this state concerning the safe operation of | 48308 |
| commercial motor vehicles. | 48309 |
| (D) Whoever violates this section is guilty of a misdemeanor | 48310 |
| of the first degree. | 48311 |
| Sec. 4506.07. (A) Every application for a commercial | 48312 |
| driver's license, restricted commercial driver's license, or a | 48313 |
| commercial driver's temporary instruction permit, or a duplicate | 48314 |
| of such a license, shall be made upon a form approved and | 48315 |
| furnished by the registrar of motor vehicles. Except as provided | 48316 |
| in section 4506.24 of the Revised Code in regard to a restricted | 48317 |
| commercial driver's license, the application shall be signed by | 48318 |
| the applicant and shall contain the following information: | 48319 |
| (1) The applicant's name, date of birth, social security | 48320 |
| account number, sex, general description including height, weight, | 48321 |
| and color of hair and eyes, current residence, duration of | 48322 |
| residence in this state, country of citizenship, and occupation; | 48323 |
| (2) Whether the applicant previously has been licensed to | 48324 |
| operate a commercial motor vehicle or any other type of motor | 48325 |
| vehicle in another state or a foreign jurisdiction and, if so, | 48326 |
| when, by what state, and whether the license or driving privileges | 48327 |
| currently are suspended or revoked in any jurisdiction, or the | 48328 |
| applicant otherwise has been disqualified from operating a | 48329 |
| commercial motor vehicle, or is subject to an out-of-service order | 48330 |
| issued under this chapter or any similar law of another state or a | 48331 |
| foreign jurisdiction and, if so, the date of, locations involved, | 48332 |
| and reason for the suspension, revocation, disqualification, or | 48333 |
| out-of-service order; | 48334 |
| (3) Whether the applicant is afflicted with or suffering from | 48335 |
| any physical or mental disability or disease that prevents the | 48336 |
| applicant from exercising reasonable and ordinary control over a | 48337 |
| motor vehicle while operating it upon a highway or is or has been | 48338 |
| subject to any condition resulting in episodic impairment of | 48339 |
| consciousness or loss of muscular control and, if so, the nature | 48340 |
| and extent of the disability, disease, or condition, and the names | 48341 |
| and addresses of the physicians attending the applicant; | 48342 |
| (4) Whether the applicant has obtained a medical examiner's | 48343 |
| certificate as required by this chapter; | 48344 |
| (5) Whether the applicant has pending a citation for | 48345 |
| violation of any motor vehicle law or ordinance except a parking | 48346 |
| violation and, if so, a description of the citation, the court | 48347 |
| having jurisdiction of the offense, and the date when the offense | 48348 |
| occurred; | 48349 |
| (6) Whether the applicant wishes to certify willingness to | 48350 |
| make an anatomical donation under section 2108.04 of the Revised | 48351 |
| Code, which shall be given no consideration in the issuance of a | 48352 |
| license; | 48353 |
| (7) On and after May 1, 1993, whether the applicant has | 48354 |
| executed a valid durable power of attorney for health care | 48355 |
| pursuant to sections 1337.11 to 1337.17 of the Revised Code or has | 48356 |
| executed a declaration governing the use or continuation, or the | 48357 |
| withholding or withdrawal, of life-sustaining treatment pursuant | 48358 |
| to sections 2133.01 to 2133.15 of the Revised Code and, if the | 48359 |
| applicant has executed either type of instrument, whether the | 48360 |
| applicant wishes the license issued to indicate that the applicant | 48361 |
| has executed the instrument. | 48362 |
| (B) Every applicant shall certify, on a form approved and | 48363 |
| furnished by the registrar, all of the following: | 48364 |
| (1) That the motor vehicle in which the applicant intends to | 48365 |
| take the driving skills test is representative of the type of | 48366 |
| motor vehicle that the applicant expects to operate as a driver; | 48367 |
| (2) That the applicant is not subject to any disqualification | 48368 |
| or out-of-service order, or license suspension, revocation, or | 48369 |
| cancellation, under the laws of this state, of another state, or | 48370 |
| of a foreign jurisdiction and does not have more than one driver's | 48371 |
| license issued by this or another state or a foreign jurisdiction; | 48372 |
| (3) Any additional information, certification, or evidence | 48373 |
| that the registrar requires by rule in order to ensure that the | 48374 |
| issuance of a commercial driver's license to the applicant is in | 48375 |
| compliance with the law of this state and with federal law. | 48376 |
| (C) Every applicant shall execute a form, approved and | 48377 |
| furnished by the registrar, under which the applicant consents to | 48378 |
| the release by the registrar of information from the applicant's | 48379 |
| driving record. | 48380 |
| (D) The registrar or a deputy registrar, in accordance with | 48381 |
| section 3503.11 of the Revised Code, shall register as an elector | 48382 |
| any applicant for a commercial driver's license or for a renewal | 48383 |
| or duplicate of such a license under this chapter, if the | 48384 |
| applicant is eligible and wishes to be registered as an elector. | 48385 |
| The decision of an applicant whether to register as an elector | 48386 |
| shall be given no consideration in the decision of whether to | 48387 |
| issue the applicant a license or a renewal or duplicate. | 48388 |
| (E) The registrar or a deputy registrar, in accordance with | 48389 |
| section 3503.11 of the Revised Code, shall offer the opportunity | 48390 |
| of completing a notice of change of residence or change of name to | 48391 |
| any applicant for a commercial driver's license or for a renewal | 48392 |
| or duplicate of such a license who is a resident of this state, if | 48393 |
| the applicant is a registered elector who has changed the | 48394 |
| applicant's residence or name and has not filed such a notice. | 48395 |
| (F) In considering any application submitted pursuant to this | 48396 |
| section, the bureau of motor vehicles may conduct any inquiries | 48397 |
| necessary to ensure that issuance or renewal of a commercial | 48398 |
| driver's license would not violate any provision of the Revised | 48399 |
| Code or federal law. | 48400 |
| Sec. 4506.101. Notwithstanding any provision of the Revised | 48401 |
| Code, the bureau of motor vehicles shall not issue or renew a | 48402 |
| commercial driver's license if issuance or renewal of the license | 48403 |
| would violate federal law. | 48404 |
| Sec. 4506.161. No court shall issue an order granting limited | 48405 |
| driving privileges for operation of a commercial motor vehicle to | 48406 |
| any person whose driver's license or commercial driver's license | 48407 |
| has been suspended or who has been disqualified from operating a | 48408 |
| commercial motor vehicle. | 48409 |
| Sec. 4511.191. (A)(1) "Physical control" has the same | 48410 |
| meaning as in section 4511.194 of the Revised Code. | 48411 |
| (2) Any person who operates a vehicle, streetcar, or | 48412 |
| trackless trolley upon a highway or any public or private property | 48413 |
| used by the public for vehicular travel or parking within this | 48414 |
| state or who is in physical control of a vehicle, streetcar, or | 48415 |
| trackless trolley shall be deemed to have given consent to a | 48416 |
| chemical test or tests of the person's whole blood, blood serum or | 48417 |
| plasma, breath, or urine to determine the alcohol, drug, or | 48418 |
| alcohol and drug content of the person's whole blood, blood serum | 48419 |
| or plasma, breath, or urine if arrested for a violation of | 48420 |
| division (A) or (B) of section 4511.19 of the Revised Code, | 48421 |
| section 4511.194 of the Revised Code or a substantially equivalent | 48422 |
| municipal ordinance, or a municipal OVI ordinance. | 48423 |
| (3) The chemical test or tests under division (A)(2) of this | 48424 |
| section shall be administered at the request of a law enforcement | 48425 |
| officer having reasonable grounds to believe the person was | 48426 |
| operating or in physical control of a vehicle, streetcar, or | 48427 |
| trackless trolley in violation of a division, section, or | 48428 |
| ordinance identified in division (A)(2) of this section. The law | 48429 |
| enforcement agency by which the officer is employed shall | 48430 |
| designate which of the tests shall be administered. | 48431 |
| (4) Any person who is dead or unconscious, or who otherwise | 48432 |
| is in a condition rendering the person incapable of refusal, shall | 48433 |
| be deemed to have consented as provided in division (A)(2) of this | 48434 |
| section, and the test or tests may be administered, subject to | 48435 |
| sections 313.12 to 313.16 of the Revised Code. | 48436 |
| (B)(1) Upon receipt of the sworn report of a law enforcement | 48437 |
| officer who arrested a person for a violation of division (A) or | 48438 |
| (B) of section 4511.19 of the Revised Code, section 4511.194 of | 48439 |
| the Revised Code or a substantially equivalent municipal | 48440 |
| ordinance, or a municipal OVI ordinance that was completed and | 48441 |
| sent to the registrar and a court pursuant to section 4511.192 of | 48442 |
| the Revised Code in regard to a person who refused to take the | 48443 |
| designated chemical test, the registrar shall enter into the | 48444 |
| registrar's records the fact that the person's driver's or | 48445 |
| commercial driver's license or permit or nonresident operating | 48446 |
| privilege was suspended by the arresting officer under this | 48447 |
| division and that section and the period of the suspension, as | 48448 |
| determined under this section. The suspension shall be subject to | 48449 |
| appeal as provided in section 4511.197 of the Revised Code. The | 48450 |
| suspension shall be for whichever of the following periods | 48451 |
| applies: | 48452 |
| (a) Except when division (B)(1)(b), (c), or (d) of this | 48453 |
| section applies and specifies a different class or length of | 48454 |
| suspension, the suspension shall be a class C suspension for the | 48455 |
| period of time specified in division (B)(3) of section 4510.02 of | 48456 |
| the Revised Code. | 48457 |
| (b) If the arrested person, within six years of the date on | 48458 |
| which the person refused the request to consent to the chemical | 48459 |
| test, had refused one previous request to consent to a chemical | 48460 |
| test, the suspension shall be a class B suspension imposed for the | 48461 |
| period of time specified in division (B)(2) of section 4510.02 of | 48462 |
| the Revised Code. | 48463 |
| (c) If the arrested person, within six years of the date on | 48464 |
| which the person refused the request to consent to the chemical | 48465 |
| test, had refused two previous requests to consent to a chemical | 48466 |
| test, the suspension shall be a class A suspension imposed for the | 48467 |
| period of time specified in division (B)(1) of section 4510.02 of | 48468 |
| the Revised Code. | 48469 |
| (d) If the arrested person, within six years of the date on | 48470 |
| which the person refused the request to consent to the chemical | 48471 |
| test, had refused three or more previous requests to consent to a | 48472 |
| chemical test, the suspension shall be for five years. | 48473 |
| (2) The registrar shall terminate a suspension of the | 48474 |
| driver's or commercial driver's license or permit of a resident or | 48475 |
| of the operating privilege of a nonresident, or a denial of a | 48476 |
| driver's or commercial driver's license or permit, imposed | 48477 |
| pursuant to division (B)(1) of this section upon receipt of notice | 48478 |
| that the person has entered a plea of guilty to, or that the | 48479 |
| person has been convicted after entering a plea of no contest to, | 48480 |
| operating a vehicle in violation of section 4511.19 of the Revised | 48481 |
| Code or in violation of a municipal OVI ordinance, if the offense | 48482 |
| for which the conviction is had or the plea is entered arose from | 48483 |
| the same incident that led to the suspension or denial. | 48484 |
| The registrar shall credit against any judicial suspension of | 48485 |
| a person's driver's or commercial driver's license or permit or | 48486 |
| nonresident operating privilege imposed pursuant to section | 48487 |
| 4511.19 of the Revised Code, or pursuant to section 4510.07 of the | 48488 |
| Revised Code for a violation of a municipal OVI ordinance, any | 48489 |
| time during which the person serves a related suspension imposed | 48490 |
| pursuant to division (B)(1) of this section. | 48491 |
| (C)(1) Upon receipt of the sworn report of the law | 48492 |
| enforcement officer who arrested a person for a violation of | 48493 |
| division (A) or (B) of section 4511.19 of the Revised Code or a | 48494 |
| municipal OVI ordinance that was completed and sent to the | 48495 |
| registrar and a court pursuant to section 4511.192 of the Revised | 48496 |
| Code in regard to a person whose test results indicate that the | 48497 |
| person's whole blood, blood serum or plasma, breath, or urine | 48498 |
| contained at least the concentration of alcohol specified in | 48499 |
| division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the | 48500 |
| Revised Code, the registrar shall enter into the registrar's | 48501 |
| records the fact that the person's driver's or commercial driver's | 48502 |
| license or permit or nonresident operating privilege was suspended | 48503 |
| by the arresting officer under this division and section 4511.192 | 48504 |
| of the Revised Code and the period of the suspension, as | 48505 |
| determined under divisions (F)(1) to (4) of this section. The | 48506 |
| suspension shall be subject to appeal as provided in section | 48507 |
| 4511.197 of the Revised Code. The suspension described in this | 48508 |
| division does not apply to, and shall not be imposed upon, a | 48509 |
| person arrested for a violation of section 4511.194 of the Revised | 48510 |
| Code or a substantially equivalent municipal ordinance who submits | 48511 |
| to a designated chemical test. The suspension shall be for | 48512 |
| whichever of the following periods applies: | 48513 |
| (a) Except when division (C)(1)(b), (c), or (d) of this | 48514 |
| section applies and specifies a different period, the suspension | 48515 |
| shall be a class E suspension imposed for the period of time | 48516 |
| specified in division (B)(5) of section 4510.02 of the Revised | 48517 |
| Code. | 48518 |
| (b) The suspension shall be a class C suspension for the | 48519 |
| period of time specified in division (B)(3) of section 4510.02 of | 48520 |
| the Revised Code if the person has been convicted of or pleaded | 48521 |
| guilty to, within six years of the date the test was conducted, | 48522 |
| one violation of division (A) or (B) of section 4511.19 of the | 48523 |
| Revised Code or one other equivalent offense. | 48524 |
| (c) If, within six years of the date the test was conducted, | 48525 |
| the person has been convicted of or pleaded guilty to two | 48526 |
| violations of a statute or ordinance described in division | 48527 |
| (C)(1)(b) of this section, the suspension shall be a class B | 48528 |
| suspension imposed for the period of time specified in division | 48529 |
| (B)(2) of section 4510.02 of the Revised Code. | 48530 |
| (d) If, within six years of the date the test was conducted, | 48531 |
| the person has been convicted of or pleaded guilty to more than | 48532 |
| two violations of a statute or ordinance described in division | 48533 |
| (C)(1)(b) of this section, the suspension shall be a class A | 48534 |
| suspension imposed for the period of time specified in division | 48535 |
| (B)(1) of section 4510.02 of the Revised Code. | 48536 |
| (2) The registrar shall terminate a suspension of the | 48537 |
| driver's or commercial driver's license or permit of a resident or | 48538 |
| of the operating privilege of a nonresident, or a denial of a | 48539 |
| driver's or commercial driver's license or permit, imposed | 48540 |
| pursuant to division (C)(1) of this section upon receipt of notice | 48541 |
| that the person has entered a plea of guilty to, or that the | 48542 |
| person has been convicted after entering a plea of no contest to, | 48543 |
| operating a vehicle in violation of section 4511.19 of the Revised | 48544 |
| Code or in violation of a municipal OVI ordinance, if the offense | 48545 |
| for which the conviction is had or the plea is entered arose from | 48546 |
| the same incident that led to the suspension or denial. | 48547 |
| The registrar shall credit against any judicial suspension of | 48548 |
| a person's driver's or commercial driver's license or permit or | 48549 |
| nonresident operating privilege imposed pursuant to section | 48550 |
| 4511.19 of the Revised Code, or pursuant to section 4510.07 of the | 48551 |
| Revised Code for a violation of a municipal OVI ordinance, any | 48552 |
| time during which the person serves a related suspension imposed | 48553 |
| pursuant to division (C)(1) of this section. | 48554 |
| (D)(1) A suspension of a person's driver's or commercial | 48555 |
| driver's license or permit or nonresident operating privilege | 48556 |
| under this section for the time described in division (B) or (C) | 48557 |
| of this section is effective immediately from the time at which | 48558 |
| the arresting officer serves the notice of suspension upon the | 48559 |
| arrested person. Any subsequent finding that the person is not | 48560 |
| guilty of the charge that resulted in the person being requested | 48561 |
| to take the chemical test or tests under division (A) of this | 48562 |
| section does not affect the suspension. | 48563 |
| (2) If a person is arrested for operating a vehicle, | 48564 |
| streetcar, or trackless trolley in violation of division (A) or | 48565 |
| (B) of section 4511.19 of the Revised Code or a municipal OVI | 48566 |
| ordinance, or for being in physical control of a vehicle, | 48567 |
| streetcar, or trackless trolley in violation of section 4511.194 | 48568 |
| of the Revised Code or a substantially equivalent municipal | 48569 |
| ordinance, regardless of whether the person's driver's or | 48570 |
| commercial driver's license or permit or nonresident operating | 48571 |
| privilege is or is not suspended under division (B) or (C) of this | 48572 |
| section or Chapter 4510. of the Revised Code, the person's initial | 48573 |
| appearance on the charge resulting from the arrest shall be held | 48574 |
| within five days of the person's arrest or the issuance of the | 48575 |
| citation to the person, subject to any continuance granted by the | 48576 |
| court pursuant to section 4511.197 of the Revised Code regarding | 48577 |
| the issues specified in that division. | 48578 |
| (E) When it finally has been determined under the procedures | 48579 |
|
of this section
and sections 4511.192 | 48580 |
| Revised Code that a nonresident's privilege to operate a vehicle | 48581 |
| within this state has been suspended, the registrar shall give | 48582 |
| information in writing of the action taken to the motor vehicle | 48583 |
| administrator of the state of the person's residence and of any | 48584 |
| state in which the person has a license. | 48585 |
| (F) At the end of a suspension period under this section, | 48586 |
| under section 4511.194, section 4511.196, or division (G) of | 48587 |
| section 4511.19 of the Revised Code, or under section 4510.07 of | 48588 |
| the Revised Code for a violation of a municipal OVI ordinance and | 48589 |
| upon the request of the person whose driver's or commercial | 48590 |
| driver's license or permit was suspended and who is not otherwise | 48591 |
| subject to suspension, cancellation, or disqualification, the | 48592 |
| registrar shall return the driver's or commercial driver's license | 48593 |
| or permit to the person upon the occurrence of all of the | 48594 |
| conditions specified in divisions (F)(1) and (2) of this section: | 48595 |
| (1) A showing that the person has proof of financial | 48596 |
| responsibility, a policy of liability insurance in effect that | 48597 |
| meets the minimum standards set forth in section 4509.51 of the | 48598 |
| Revised Code, or proof, to the satisfaction of the registrar, that | 48599 |
| the person is able to respond in damages in an amount at least | 48600 |
| equal to the minimum amounts specified in section 4509.51 of the | 48601 |
| Revised Code. | 48602 |
| (2) Subject to the limitation contained in division (F)(3) of | 48603 |
| this section, payment by the person to the bureau of motor | 48604 |
| vehicles of a license reinstatement fee of four hundred | 48605 |
| twenty-five dollars, which fee shall be deposited in the state | 48606 |
| treasury and credited as follows: | 48607 |
| (a) One hundred twelve dollars and fifty cents shall be | 48608 |
| credited to the statewide treatment and prevention fund created by | 48609 |
| section 4301.30 of the Revised Code. The fund shall be used to pay | 48610 |
| the costs of driver treatment and intervention programs operated | 48611 |
| pursuant to sections 3793.02 and 3793.10 of the Revised Code. The | 48612 |
| director of alcohol and drug addiction services shall determine | 48613 |
| the share of the fund that is to be allocated to alcohol and drug | 48614 |
| addiction programs authorized by section 3793.02 of the Revised | 48615 |
| Code, and the share of the fund that is to be allocated to | 48616 |
| drivers' intervention programs authorized by section 3793.10 of | 48617 |
| the Revised Code. | 48618 |
| (b) Seventy-five dollars shall be credited to the reparations | 48619 |
| fund created by section 2743.191 of the Revised Code. | 48620 |
| (c) Thirty-seven dollars and fifty cents shall be credited to | 48621 |
| the indigent drivers alcohol treatment fund, which is hereby | 48622 |
| established. Except as otherwise provided in division (F)(2)(c) of | 48623 |
| this section, moneys in the fund shall be distributed by the | 48624 |
| department of alcohol and drug addiction services to the county | 48625 |
| indigent drivers alcohol treatment funds, the county juvenile | 48626 |
| indigent drivers alcohol treatment funds, and the municipal | 48627 |
| indigent drivers alcohol treatment funds that are required to be | 48628 |
| established by counties and municipal corporations pursuant to | 48629 |
| this section, and shall be used only to pay the cost of an alcohol | 48630 |
| and drug addiction treatment program attended by an offender or | 48631 |
| juvenile traffic offender who is ordered to attend an alcohol and | 48632 |
| drug addiction treatment program by a county, juvenile, or | 48633 |
| municipal court judge and who is determined by the county, | 48634 |
| juvenile, or municipal court judge not to have the means to pay | 48635 |
| for the person's attendance at the program or to pay the costs | 48636 |
| specified in division (H)(4) of this section in accordance with | 48637 |
| that division. In addition, a county, juvenile, or municipal court | 48638 |
| judge may use moneys in the county indigent drivers alcohol | 48639 |
| treatment fund, county juvenile indigent drivers alcohol treatment | 48640 |
| fund, or municipal indigent drivers alcohol treatment fund to pay | 48641 |
| the cost of electronic continuous alcohol monitoring devices or | 48642 |
| the cost of the continued use of such devices as described in | 48643 |
| divisions (H)(3) and (4) of this section. Moneys in the fund that | 48644 |
| are not distributed to a county indigent drivers alcohol treatment | 48645 |
| fund, a county juvenile indigent drivers alcohol treatment fund, | 48646 |
| or a municipal indigent drivers alcohol treatment fund under | 48647 |
| division (H) of this section because the director of alcohol and | 48648 |
| drug addiction services does not have the information necessary to | 48649 |
| identify the county or municipal corporation where the offender or | 48650 |
| juvenile offender was arrested may be transferred by the director | 48651 |
| of budget and management to the statewide treatment and prevention | 48652 |
| fund created by section 4301.30 of the Revised Code, upon | 48653 |
| certification of the amount by the director of alcohol and drug | 48654 |
| addiction services. | 48655 |
| (d) Seventy-five dollars shall be credited to the Ohio | 48656 |
| rehabilitation services commission established by section 3304.12 | 48657 |
| of the Revised Code, to the services for rehabilitation fund, | 48658 |
| which is hereby established. The fund shall be used to match | 48659 |
| available federal matching funds where appropriate, and for any | 48660 |
| other purpose or program of the commission to rehabilitate people | 48661 |
| with disabilities to help them become employed and independent. | 48662 |
| (e) Seventy-five dollars shall be deposited into the state | 48663 |
| treasury and credited to the drug abuse resistance education | 48664 |
| programs fund, which is hereby established, to be used by the | 48665 |
|
attorney general for the purposes specified in division
| 48666 |
| of this section. | 48667 |
| (f) Thirty dollars shall be credited to the state bureau of | 48668 |
| motor vehicles fund created by section 4501.25 of the Revised | 48669 |
| Code. | 48670 |
| (g) Twenty dollars shall be credited to the trauma and | 48671 |
| emergency medical services grants fund created by section 4513.263 | 48672 |
| of the Revised Code. | 48673 |
| (3) If a person's driver's or commercial driver's license or | 48674 |
| permit is suspended under this section, under section 4511.196 or | 48675 |
| division (G) of section 4511.19 of the Revised Code, under section | 48676 |
| 4510.07 of the Revised Code for a violation of a municipal OVI | 48677 |
| ordinance or under any combination of the suspensions described in | 48678 |
| division (F)(3) of this section, and if the suspensions arise from | 48679 |
| a single incident or a single set of facts and circumstances, the | 48680 |
| person is liable for payment of, and shall be required to pay to | 48681 |
| the bureau, only one reinstatement fee of four hundred twenty-five | 48682 |
| dollars. The reinstatement fee shall be distributed by the bureau | 48683 |
| in accordance with division (F)(2) of this section. | 48684 |
| (4) The attorney general shall use amounts in the drug abuse | 48685 |
| resistance education programs fund to award grants to law | 48686 |
| enforcement agencies to establish and implement drug abuse | 48687 |
| resistance education programs in public schools. Grants awarded to | 48688 |
| a law enforcement agency under this section shall be used by the | 48689 |
| agency to pay for not more than fifty per cent of the amount of | 48690 |
| the salaries of law enforcement officers who conduct drug abuse | 48691 |
| resistance education programs in public schools. The attorney | 48692 |
| general shall not use more than six per cent of the amounts the | 48693 |
| attorney general's office receives under division (F)(2)(e) of | 48694 |
| this section to pay the costs it incurs in administering the grant | 48695 |
| program established by division (F)(2)(e) of this section and in | 48696 |
| providing training and materials relating to drug abuse resistance | 48697 |
| education programs. | 48698 |
| The attorney general shall report to the governor and the | 48699 |
| general assembly each fiscal year on the progress made in | 48700 |
| establishing and implementing drug abuse resistance education | 48701 |
| programs. These reports shall include an evaluation of the | 48702 |
| effectiveness of these programs. | 48703 |
| (G) Suspension of a commercial driver's license under | 48704 |
| division (B) or (C) of this section shall be concurrent with any | 48705 |
| period of disqualification under section 3123.611 or 4506.16 of | 48706 |
| the Revised Code or any period of suspension under section 3123.58 | 48707 |
| of the Revised Code. No person who is disqualified for life from | 48708 |
| holding a commercial driver's license under section 4506.16 of the | 48709 |
| Revised Code shall be issued a driver's license under Chapter | 48710 |
| 4507. of the Revised Code during the period for which the | 48711 |
| commercial driver's license was suspended under division (B) or | 48712 |
| (C) of this section. No person whose commercial driver's license | 48713 |
| is suspended under division (B) or (C) of this section shall be | 48714 |
| issued a driver's license under Chapter 4507. of the Revised Code | 48715 |
| during the period of the suspension. | 48716 |
| (H)(1) Each county shall establish an indigent drivers | 48717 |
| alcohol treatment fund, each county shall establish a juvenile | 48718 |
| indigent drivers alcohol treatment fund, and each municipal | 48719 |
| corporation in which there is a municipal court shall establish an | 48720 |
| indigent drivers alcohol treatment fund. All revenue that the | 48721 |
| general assembly appropriates to the indigent drivers alcohol | 48722 |
| treatment fund for transfer to a county indigent drivers alcohol | 48723 |
| treatment fund, a county juvenile indigent drivers alcohol | 48724 |
| treatment fund, or a municipal indigent drivers alcohol treatment | 48725 |
|
fund, all portions of fees that are paid under division | 48726 |
| this section and that are credited under that division to the | 48727 |
| indigent drivers alcohol treatment fund in the state treasury for | 48728 |
| a county indigent drivers alcohol treatment fund, a county | 48729 |
| juvenile indigent drivers alcohol treatment fund, or a municipal | 48730 |
| indigent drivers alcohol treatment fund, and all portions of fines | 48731 |
| that are specified for deposit into a county or municipal indigent | 48732 |
| drivers alcohol treatment fund by section 4511.193 of the Revised | 48733 |
| Code shall be deposited into that county indigent drivers alcohol | 48734 |
| treatment fund, county juvenile indigent drivers alcohol treatment | 48735 |
| fund, or municipal indigent drivers alcohol treatment fund in | 48736 |
| accordance with division (H)(2) of this section. Additionally, all | 48737 |
| portions of fines that are paid for a violation of section 4511.19 | 48738 |
| of the Revised Code or of any prohibition contained in Chapter | 48739 |
| 4510. of the Revised Code, and that are required under section | 48740 |
| 4511.19 or any provision of Chapter 4510. of the Revised Code to | 48741 |
| be deposited into a county indigent drivers alcohol treatment fund | 48742 |
| or municipal indigent drivers alcohol treatment fund shall be | 48743 |
| deposited into the appropriate fund in accordance with the | 48744 |
| applicable division. | 48745 |
| (2) That portion of the license reinstatement fee that is | 48746 |
| paid under division (F) of this section and that is credited under | 48747 |
| that division to the indigent drivers alcohol treatment fund shall | 48748 |
| be deposited into a county indigent drivers alcohol treatment | 48749 |
| fund, a county juvenile indigent drivers alcohol treatment fund, | 48750 |
| or a municipal indigent drivers alcohol treatment fund as follows: | 48751 |
| (a) If the suspension in question was imposed under this | 48752 |
| section, that portion of the fee shall be deposited as follows: | 48753 |
| (i) If the fee is paid by a person who was charged in a | 48754 |
| county court with the violation that resulted in the suspension, | 48755 |
| the portion shall be deposited into the county indigent drivers | 48756 |
| alcohol treatment fund under the control of that court; | 48757 |
| (ii) If the fee is paid by a person who was charged in a | 48758 |
| juvenile court with the violation that resulted in the suspension, | 48759 |
| the portion shall be deposited into the county juvenile indigent | 48760 |
| drivers alcohol treatment fund established in the county served by | 48761 |
| the court; | 48762 |
| (iii) If the fee is paid by a person who was charged in a | 48763 |
| municipal court with the violation that resulted in the | 48764 |
| suspension, the portion shall be deposited into the municipal | 48765 |
| indigent drivers alcohol treatment fund under the control of that | 48766 |
| court. | 48767 |
| (b) If the suspension in question was imposed under section | 48768 |
| 4511.19 of the Revised Code or under section 4510.07 of the | 48769 |
| Revised Code for a violation of a municipal OVI ordinance, that | 48770 |
| portion of the fee shall be deposited as follows: | 48771 |
| (i) If the fee is paid by a person whose license or permit | 48772 |
| was suspended by a county court, the portion shall be deposited | 48773 |
| into the county indigent drivers alcohol treatment fund under the | 48774 |
| control of that court; | 48775 |
| (ii) If the fee is paid by a person whose license or permit | 48776 |
| was suspended by a municipal court, the portion shall be deposited | 48777 |
| into the municipal indigent drivers alcohol treatment fund under | 48778 |
| the control of that court. | 48779 |
| (3) Expenditures from a county indigent drivers alcohol | 48780 |
| treatment fund, a county juvenile indigent drivers alcohol | 48781 |
| treatment fund, or a municipal indigent drivers alcohol treatment | 48782 |
| fund shall be made only upon the order of a county, juvenile, or | 48783 |
| municipal court judge and only for payment of the cost of the | 48784 |
| attendance at an alcohol and drug addiction treatment program of a | 48785 |
| person who is convicted of, or found to be a juvenile traffic | 48786 |
| offender by reason of, a violation of division (A) of section | 48787 |
| 4511.19 of the Revised Code or a substantially similar municipal | 48788 |
| ordinance, who is ordered by the court to attend the alcohol and | 48789 |
| drug addiction treatment program, and who is determined by the | 48790 |
| court to be unable to pay the cost of attendance at the treatment | 48791 |
| program or for payment of the costs specified in division (H)(4) | 48792 |
| of this section in accordance with that division. The alcohol and | 48793 |
| drug addiction services board or the board of alcohol, drug | 48794 |
| addiction, and mental health services established pursuant to | 48795 |
| section 340.02 or 340.021 of the Revised Code and serving the | 48796 |
| alcohol, drug addiction, and mental health service district in | 48797 |
| which the court is located shall administer the indigent drivers | 48798 |
| alcohol treatment program of the court. When a court orders an | 48799 |
| offender or juvenile traffic offender to attend an alcohol and | 48800 |
| drug addiction treatment program, the board shall determine which | 48801 |
| program is suitable to meet the needs of the offender or juvenile | 48802 |
| traffic offender, and when a suitable program is located and space | 48803 |
| is available at the program, the offender or juvenile traffic | 48804 |
| offender shall attend the program designated by the board. A | 48805 |
| reasonable amount not to exceed five per cent of the amounts | 48806 |
| credited to and deposited into the county indigent drivers alcohol | 48807 |
| treatment fund, the county juvenile indigent drivers alcohol | 48808 |
| treatment fund, or the municipal indigent drivers alcohol | 48809 |
| treatment fund serving every court whose program is administered | 48810 |
| by that board shall be paid to the board to cover the costs it | 48811 |
| incurs in administering those indigent drivers alcohol treatment | 48812 |
| programs. | 48813 |
| In addition, a county, juvenile, or municipal court judge may | 48814 |
| use moneys in the county indigent drivers alcohol treatment fund, | 48815 |
| county juvenile indigent drivers alcohol treatment fund, or | 48816 |
| municipal indigent drivers alcohol treatment fund to pay the cost | 48817 |
| of an electronic continuous alcohol monitoring device to be worn | 48818 |
| by the offender or juvenile traffic offender, or to pay for the | 48819 |
| continued use of such a device by an offender or juvenile traffic | 48820 |
| offender, in conjunction with a treatment program approved by the | 48821 |
| department of alcohol and drug addiction services, when such use | 48822 |
| is determined clinically necessary by the treatment program. | 48823 |
| (4) If a county, juvenile, or municipal court determines, in | 48824 |
| consultation with the alcohol and drug addiction services board or | 48825 |
| the board of alcohol, drug addiction, and mental health services | 48826 |
| established pursuant to section 340.02 or 340.021 of the Revised | 48827 |
| Code and serving the alcohol, drug addiction, and mental health | 48828 |
| district in which the court is located, that the funds in the | 48829 |
| county indigent drivers alcohol treatment fund, the county | 48830 |
| juvenile indigent drivers alcohol treatment fund, or the municipal | 48831 |
| indigent drivers alcohol treatment fund under the control of the | 48832 |
| court are more than sufficient to satisfy the purpose for which | 48833 |
| the fund was established, as specified in divisions (H)(1) to (3) | 48834 |
| of this section, the court may declare a surplus in the fund. If | 48835 |
| the court declares a surplus in the fund, the court may expend the | 48836 |
|
amount of the surplus in the fund for
| 48837 |
| (a) Alcohol and drug abuse assessment and treatment of | 48838 |
| persons who are charged in the court with committing a criminal | 48839 |
| offense or with being a delinquent child or juvenile traffic | 48840 |
| offender and in relation to whom both of the following apply: | 48841 |
| | 48842 |
| contributing factor leading to the criminal or delinquent activity | 48843 |
| or the juvenile traffic offense with which the person is charged. | 48844 |
| | 48845 |
| the cost of the alcohol and drug abuse assessment and treatment | 48846 |
| for which the surplus money will be used. | 48847 |
| (b) All or part of the cost of purchasing electronic | 48848 |
| continuous alcohol monitoring devices or all or part of the cost | 48849 |
| of the daily monitoring of such devices. | 48850 |
| (I) In any case in which an offender or juvenile traffic | 48851 |
| offender is required by the court to wear an electronic continuous | 48852 |
| alcohol monitoring device, the court may require the offender or | 48853 |
| juvenile traffic offender to pay for all or part of the cost of | 48854 |
| the daily monitoring of the device if the court determines that | 48855 |
| the offender or juvenile traffic offender is able to pay that | 48856 |
| amount. | 48857 |
| Sec. 4511.75. (A) The driver of a vehicle, streetcar, or | 48858 |
| trackless trolley upon meeting or overtaking from either direction | 48859 |
| any school bus stopped for the purpose of receiving or discharging | 48860 |
| any school child, person attending programs offered by community | 48861 |
| boards of mental health and county boards of mental retardation | 48862 |
| and developmental disabilities, or child attending a program | 48863 |
| offered by a head start agency, shall stop at least ten feet from | 48864 |
| the front or rear of the school bus and shall not proceed until | 48865 |
| such school bus resumes motion, or until signaled by the school | 48866 |
| bus driver to proceed. | 48867 |
| It is no defense to a charge under this division that the | 48868 |
| school bus involved failed to display or be equipped with an | 48869 |
| automatically extended stop warning sign as required by division | 48870 |
| (B) of this section. | 48871 |
| (B) Every school bus shall be equipped with amber and red | 48872 |
| visual signals meeting the requirements of section 4511.771 of the | 48873 |
| Revised Code, and an automatically extended stop warning sign of a | 48874 |
| type approved by the state board of education, which shall be | 48875 |
| actuated by the driver of the bus whenever but only whenever the | 48876 |
| bus is stopped or stopping on the roadway for the purpose of | 48877 |
| receiving or discharging school children, persons attending | 48878 |
| programs offered by community boards of mental health and county | 48879 |
| boards of mental retardation and developmental disabilities, or | 48880 |
| children attending programs offered by head start agencies. A | 48881 |
| school bus driver shall not actuate the visual signals or the stop | 48882 |
| warning sign in designated school bus loading areas where the bus | 48883 |
| is entirely off the roadway or at school buildings when children | 48884 |
| or persons attending programs offered by community boards of | 48885 |
| mental health and county boards of mental retardation and | 48886 |
| developmental disabilities are loading or unloading at curbside or | 48887 |
| at buildings when children attending programs offered by head | 48888 |
| start agencies are loading or unloading at curbside. The visual | 48889 |
| signals and stop warning sign shall be synchronized or otherwise | 48890 |
| operated as required by rule of the board. | 48891 |
| (C) Where a highway has been divided into four or more | 48892 |
| traffic lanes, a driver of a vehicle, streetcar, or trackless | 48893 |
| trolley need not stop for a school bus approaching from the | 48894 |
| opposite direction which has stopped for the purpose of receiving | 48895 |
| or discharging any school child, persons attending programs | 48896 |
| offered by community boards of mental health and county boards of | 48897 |
| mental retardation and developmental disabilities, or children | 48898 |
| attending programs offered by head start agencies. The driver of | 48899 |
| any vehicle, streetcar, or trackless trolley overtaking the school | 48900 |
| bus shall comply with division (A) of this section. | 48901 |
| (D) School buses operating on divided highways or on highways | 48902 |
| with four or more traffic lanes shall receive and discharge all | 48903 |
| school children, persons attending programs offered by community | 48904 |
| boards of mental health and county boards of mental retardation | 48905 |
| and developmental disabilities, and children attending programs | 48906 |
| offered by head start agencies on their residence side of the | 48907 |
| highway. | 48908 |
| (E) No school bus driver shall start the driver's bus until | 48909 |
| after any child, person attending programs offered by community | 48910 |
| boards of mental health and county boards of mental retardation | 48911 |
| and developmental disabilities, or child attending a program | 48912 |
| offered by a head start agency who may have alighted therefrom has | 48913 |
| reached a place of safety on the child's or person's residence | 48914 |
| side of the road. | 48915 |
| (F)(1) Whoever violates division (A) of this section may be | 48916 |
| fined an amount not to exceed five hundred dollars. A person who | 48917 |
| is issued a citation for a violation of division (A) of this | 48918 |
| section is not permitted to enter a written plea of guilty and | 48919 |
| waive the person's right to contest the citation in a trial but | 48920 |
| instead must appear in person in the proper court to answer the | 48921 |
| charge. | 48922 |
| (2) In addition to and independent of any other penalty | 48923 |
| provided by law, the court or mayor may impose upon an offender | 48924 |
| who violates this section a class seven suspension of the | 48925 |
| offender's driver's license, commercial driver's license, | 48926 |
| temporary instruction permit, probationary license, or nonresident | 48927 |
| operating privilege from the range specified in division (A)(7) of | 48928 |
| section 4510.02 of the Revised Code. When a license is suspended | 48929 |
| under this section, the court or mayor shall cause the offender to | 48930 |
| deliver the license to the court, and the court or clerk of the | 48931 |
| court immediately shall forward the license to the registrar of | 48932 |
| motor vehicles, together with notice of the court's action. | 48933 |
| (G) As used in this section: | 48934 |
| (1) "Head start agency" has the same meaning as in section | 48935 |
| 48936 |
| (2) "School bus," as used in relation to children who attend | 48937 |
| a program offered by a head start agency, means a bus that is | 48938 |
| owned and operated by a head start agency, is equipped with an | 48939 |
| automatically extended stop warning sign of a type approved by the | 48940 |
| state board of education, is painted the color and displays the | 48941 |
| markings described in section 4511.77 of the Revised Code, and is | 48942 |
| equipped with amber and red visual signals meeting the | 48943 |
| requirements of section 4511.771 of the Revised Code, irrespective | 48944 |
| of whether or not the bus has fifteen or more children aboard at | 48945 |
| any time. "School bus" does not include a van owned and operated | 48946 |
| by a head start agency, irrespective of its color, lights, or | 48947 |
| markings. | 48948 |
| Sec. 4517.01. As used in sections 4517.01 to 4517.65 of the | 48949 |
| Revised Code: | 48950 |
| (A) "Persons" includes individuals, firms, partnerships, | 48951 |
| associations, joint stock companies, corporations, and any | 48952 |
| combinations of individuals. | 48953 |
| (B) "Motor vehicle" means motor vehicle as defined in section | 48954 |
| 4501.01 of the Revised Code and also includes "all-purpose | 48955 |
| vehicle" and "off-highway motorcycle" as those terms are defined | 48956 |
| in section 4519.01 of the Revised Code and manufactured and mobile | 48957 |
| homes. "Motor vehicle" does not include a snowmobile as defined in | 48958 |
| section 4519.01 of the Revised Code. | 48959 |
| (C) "New motor vehicle" means a motor vehicle, the legal | 48960 |
| title to which has never been transferred by a manufacturer, | 48961 |
| remanufacturer, distributor, or dealer to an ultimate purchaser. | 48962 |
| (D) "Ultimate purchaser" means, with respect to any new motor | 48963 |
| vehicle, the first person, other than a dealer purchasing in the | 48964 |
| capacity of a dealer, who in good faith purchases such new motor | 48965 |
| vehicle for purposes other than resale. | 48966 |
| (E) "Business" includes any activities engaged in by any | 48967 |
| person for the object of gain, benefit, or advantage either direct | 48968 |
| or indirect. | 48969 |
| (F) "Engaging in business" means commencing, conducting, or | 48970 |
| continuing in business, or liquidating a business when the | 48971 |
| liquidator thereof holds self out to be conducting such business; | 48972 |
| making a casual sale or otherwise making transfers in the ordinary | 48973 |
| course of business when the transfers are made in connection with | 48974 |
| the disposition of all or substantially all of the transferor's | 48975 |
| assets is not engaging in business. | 48976 |
| (G) "Retail sale" or "sale at retail" means the act or | 48977 |
| attempted act of selling, bartering, exchanging, or otherwise | 48978 |
| disposing of a motor vehicle to an ultimate purchaser for use as a | 48979 |
| consumer. | 48980 |
| (H) "Retail installment contract" includes any contract in | 48981 |
| the form of a note, chattel mortgage, conditional sales contract, | 48982 |
| lease, agreement, or other instrument payable in one or more | 48983 |
| installments over a period of time and arising out of the retail | 48984 |
| sale of a motor vehicle. | 48985 |
| (I) "Farm machinery" means all machines and tools used in the | 48986 |
| production, harvesting, and care of farm products. | 48987 |
| (J) "Dealer" or "motor vehicle dealer" means any new motor | 48988 |
| vehicle dealer, any motor vehicle leasing dealer, and any used | 48989 |
| motor vehicle dealer. | 48990 |
| (K) "New motor vehicle dealer" means any person engaged in | 48991 |
| the business of selling at retail, displaying, offering for sale, | 48992 |
| or dealing in new motor vehicles pursuant to a contract or | 48993 |
| agreement entered into with the manufacturer, remanufacturer, or | 48994 |
| distributor of the motor vehicles. | 48995 |
| (L) "Used motor vehicle dealer" means any person engaged in | 48996 |
| the business of selling, displaying, offering for sale, or dealing | 48997 |
| in used motor vehicles, at retail or wholesale, but does not mean | 48998 |
| any new motor vehicle dealer selling, displaying, offering for | 48999 |
| sale, or dealing in used motor vehicles incidentally to engaging | 49000 |
| in the business of selling, displaying, offering for sale, or | 49001 |
| dealing in new motor vehicles, any person engaged in the business | 49002 |
| of dismantling, salvaging, or rebuilding motor vehicles by means | 49003 |
| of using used parts, or any public officer performing official | 49004 |
| duties. | 49005 |
| (M) "Motor vehicle leasing dealer" means any person engaged | 49006 |
| in the business of regularly making available, offering to make | 49007 |
| available, or arranging for another person to use a motor vehicle | 49008 |
| pursuant to a bailment, lease, sublease, or other contractual | 49009 |
| arrangement under which a charge is made for its use at a periodic | 49010 |
| rate for a term of thirty days or more, and title to the motor | 49011 |
| vehicle is in and remains in the motor vehicle leasing dealer who | 49012 |
| originally leases it, irrespective of whether or not the motor | 49013 |
| vehicle is the subject of a later sublease, and not in the user, | 49014 |
| but does not mean a manufacturer or its affiliate leasing to its | 49015 |
| employees or to dealers. | 49016 |
| (N) "Salesperson" means any person employed by a dealer or | 49017 |
| manufactured home broker to sell, display, and offer for sale, or | 49018 |
| deal in motor vehicles for a commission, compensation, or other | 49019 |
| valuable consideration, but does not mean any public officer | 49020 |
| performing official duties. | 49021 |
| (O) "Casual sale" means any transfer of a motor vehicle by a | 49022 |
| person other than a new motor vehicle dealer, used motor vehicle | 49023 |
| dealer, motor vehicle salvage dealer, as defined in division (A) | 49024 |
| of section 4738.01 of the Revised Code, salesperson, motor vehicle | 49025 |
| auction owner, manufacturer, or distributor acting in the capacity | 49026 |
| of a dealer, salesperson, auction owner, manufacturer, or | 49027 |
| distributor, to a person who purchases the motor vehicle for use | 49028 |
| as a consumer. | 49029 |
| (P) "Motor vehicle show" means a display of current models of | 49030 |
| motor vehicles whereby the primary purpose is the exhibition of | 49031 |
| competitive makes and models in order to provide the general | 49032 |
| public the opportunity to review and inspect various makes and | 49033 |
| models of motor vehicles at a single location. | 49034 |
| (Q) "Motor vehicle auction owner" means any person who is | 49035 |
| engaged wholly or in part in the business of auctioning motor | 49036 |
| vehicles. | 49037 |
| (R) "Manufacturer" means a person who manufactures, | 49038 |
| assembles, or imports motor vehicles, including motor homes, but | 49039 |
| does not mean a person who only assembles or installs a body, | 49040 |
| special equipment unit, finishing trim, or accessories on a motor | 49041 |
| vehicle chassis supplied by a manufacturer or distributor. | 49042 |
| (S) "Tent-type fold-out camping trailer" means any vehicle | 49043 |
| intended to be used, when stationary, as a temporary shelter with | 49044 |
| living and sleeping facilities, and that is subject to the | 49045 |
| following properties and limitations: | 49046 |
| (1) A minimum of twenty-five per cent of the fold-out portion | 49047 |
| of the top and sidewalls combined must be constructed of canvas, | 49048 |
| vinyl, or other fabric, and form an integral part of the shelter. | 49049 |
| (2) When folded, the unit must not exceed: | 49050 |
| (a) Fifteen feet in length, exclusive of bumper and tongue; | 49051 |
| (b) Sixty inches in height from the point of contact with the | 49052 |
| ground; | 49053 |
| (c) Eight feet in width; | 49054 |
| (d) One ton gross weight at time of sale. | 49055 |
| (T) "Distributor" means any person authorized by a motor | 49056 |
| vehicle manufacturer to distribute new motor vehicles to licensed | 49057 |
| new motor vehicle dealers, but does not mean a person who only | 49058 |
| assembles or installs a body, special equipment unit, finishing | 49059 |
| trim, or accessories on a motor vehicle chassis supplied by a | 49060 |
| manufacturer or distributor. | 49061 |
| (U) "Flea market" means a market place, other than a dealer's | 49062 |
| location licensed under this chapter, where a space or location is | 49063 |
| provided for a fee or compensation to a seller to exhibit and | 49064 |
| offer for sale or trade, motor vehicles to the general public. | 49065 |
| (V) "Franchise" means any written agreement, contract, or | 49066 |
| understanding between any motor vehicle manufacturer or | 49067 |
| remanufacturer engaged in commerce and any motor vehicle dealer | 49068 |
| that purports to fix the legal rights and liabilities of the | 49069 |
| parties to such agreement, contract, or understanding. | 49070 |
| (W) "Franchisee" means a person who receives new motor | 49071 |
| vehicles from the franchisor under a franchise agreement and who | 49072 |
| offers, sells, and provides service for such new motor vehicles to | 49073 |
| the general public. | 49074 |
| (X) "Franchisor" means a new motor vehicle manufacturer, | 49075 |
| remanufacturer, or distributor who supplies new motor vehicles | 49076 |
| under a franchise agreement to a franchisee. | 49077 |
| (Y) "Dealer organization" means a state or local trade | 49078 |
| association the membership of which is comprised predominantly of | 49079 |
| new motor vehicle dealers. | 49080 |
| (Z) "Factory representative" means a representative employed | 49081 |
| by a manufacturer, remanufacturer, or by a factory branch | 49082 |
| primarily for the purpose of promoting the sale of its motor | 49083 |
| vehicles, parts, or accessories to dealers or for supervising or | 49084 |
| contacting its dealers or prospective dealers. | 49085 |
| (AA) "Administrative or executive management" means those | 49086 |
| individuals who are not subject to federal wage and hour laws. | 49087 |
| (BB) "Good faith" means honesty in the conduct or transaction | 49088 |
| concerned and the observance of reasonable commercial standards of | 49089 |
| fair dealing in the trade as is defined in division (S) of section | 49090 |
| 1301.01 of the Revised Code, including, but not limited to, the | 49091 |
| duty to act in a fair and equitable manner so as to guarantee | 49092 |
| freedom from coercion, intimidation, or threats of coercion or | 49093 |
| intimidation; provided however, that recommendation, endorsement, | 49094 |
| exposition, persuasion, urging, or argument shall not be | 49095 |
| considered to constitute a lack of good faith. | 49096 |
| (CC) "Coerce" means to compel or attempt to compel by failing | 49097 |
| to act in good faith or by threat of economic harm, breach of | 49098 |
| contract, or other adverse consequences. Coerce does not mean to | 49099 |
| argue, urge, recommend, or persuade. | 49100 |
| (DD) "Relevant market area" means any area within a radius of | 49101 |
| ten miles from the site of a potential new dealership, except that | 49102 |
| for manufactured home or recreational vehicle dealerships the | 49103 |
| radius shall be twenty-five miles. The ten-mile radius shall be | 49104 |
| measured from the dealer's established place of business that is | 49105 |
| used exclusively for the purpose of selling, displaying, offering | 49106 |
| for sale, or dealing in motor vehicles. | 49107 |
| (EE) "Wholesale" or "at wholesale" means the act or attempted | 49108 |
| act of selling, bartering, exchanging, or otherwise disposing of a | 49109 |
| motor vehicle to a transferee for the purpose of resale and not | 49110 |
| for ultimate consumption by that transferee. | 49111 |
| (FF) "Motor vehicle wholesaler" means any person licensed as | 49112 |
| a dealer under the laws of another state and engaged in the | 49113 |
| business of selling, displaying, or offering for sale used motor | 49114 |
| vehicles, at wholesale, but does not mean any motor vehicle dealer | 49115 |
| as defined in this section. | 49116 |
| (GG)(1) "Remanufacturer" means a person who assembles or | 49117 |
| installs passenger seating, walls, a roof elevation, or a body | 49118 |
| extension on a conversion van with the motor vehicle chassis | 49119 |
| supplied by a manufacturer or distributor, a person who modifies a | 49120 |
| truck chassis supplied by a manufacturer or distributor for use as | 49121 |
| a public safety or public service vehicle, a person who modifies a | 49122 |
| motor vehicle chassis supplied by a manufacturer or distributor | 49123 |
| for use as a limousine or hearse, or a person who modifies an | 49124 |
| incomplete motor vehicle cab and chassis supplied by a new motor | 49125 |
| vehicle dealer or distributor for use as a tow truck, but does not | 49126 |
| mean either of the following: | 49127 |
| (a) A person who assembles or installs passenger seating, | 49128 |
| walls, a roof elevation, or a body extension on a manufactured | 49129 |
| home as defined in division (C)(4) of section 3781.06 of the | 49130 |
| Revised Code, a mobile home as defined in division (O) and | 49131 |
| referred to in division (B) of section 4501.01 of the Revised | 49132 |
| Code, or a recreational vehicle as defined in division (Q) and | 49133 |
| referred to in division (B) of section 4501.01 of the Revised | 49134 |
| Code; | 49135 |
| (b) A person who assembles or installs special equipment or | 49136 |
| accessories for handicapped persons, as defined in section 4503.44 | 49137 |
| of the Revised Code, upon a motor vehicle chassis supplied by a | 49138 |
| manufacturer or distributor. | 49139 |
| (2) For the purposes of division (GG)(1) of this section, | 49140 |
| "public safety vehicle or public service vehicle" means a fire | 49141 |
| truck, ambulance, school bus, street sweeper, garbage packing | 49142 |
| truck, or cement mixer, or a mobile self-contained facility | 49143 |
| vehicle. | 49144 |
| (3) For the purposes of division (GG)(1) of this section, | 49145 |
| "limousine" means a motor vehicle, designed only for the purpose | 49146 |
| of carrying nine or fewer passengers, that a person modifies by | 49147 |
| cutting the original chassis, lengthening the wheelbase by forty | 49148 |
| inches or more, and reinforcing the chassis in such a way that all | 49149 |
| modifications comply with all applicable federal motor vehicle | 49150 |
| safety standards. No person shall qualify as or be deemed to be a | 49151 |
| remanufacturer who produces limousines unless the person has a | 49152 |
| written agreement with the manufacturer of the chassis the person | 49153 |
| utilizes to produce the limousines to complete properly the | 49154 |
| remanufacture of the chassis into limousines. | 49155 |
| (4) For the purposes of division (GG)(1) of this section, | 49156 |
| "hearse" means a motor vehicle, designed only for the purpose of | 49157 |
| transporting a single casket, that is equipped with a compartment | 49158 |
| designed specifically to carry a single casket that a person | 49159 |
| modifies by cutting the original chassis, lengthening the | 49160 |
| wheelbase by ten inches or more, and reinforcing the chassis in | 49161 |
| such a way that all modifications comply with all applicable | 49162 |
| federal motor vehicle safety standards. No person shall qualify as | 49163 |
| or be deemed to be a remanufacturer who produces hearses unless | 49164 |
| the person has a written agreement with the manufacturer of the | 49165 |
| chassis the person utilizes to produce the hearses to complete | 49166 |
| properly the remanufacture of the chassis into hearses. | 49167 |
| (5) For the purposes of division (GG)(1) of this section, | 49168 |
| "mobile self-contained facility vehicle" means a mobile classroom | 49169 |
| vehicle, mobile laboratory vehicle, bookmobile, bloodmobile, | 49170 |
| testing laboratory, and mobile display vehicle, each of which is | 49171 |
| designed for purposes other than for passenger transportation and | 49172 |
| other than the transportation or displacement of cargo, freight, | 49173 |
| materials, or merchandise. A vehicle is remanufactured into a | 49174 |
| mobile self-contained facility vehicle in part by the addition of | 49175 |
| insulation to the body shell, and installation of all of the | 49176 |
| following: a generator, electrical wiring, plumbing, holding | 49177 |
| tanks, doors, windows, cabinets, shelving, and heating, | 49178 |
| ventilating, and air conditioning systems. | 49179 |
| (6) For the purposes of division (GG)(1) of this section, | 49180 |
| "tow truck" means both of the following: | 49181 |
| (a) An incomplete cab and chassis that are purchased by a | 49182 |
| remanufacturer from a new motor vehicle dealer or distributor of | 49183 |
| the cab and chassis and on which the remanufacturer then installs | 49184 |
| in a permanent manner a wrecker body it purchases from a | 49185 |
| manufacturer or distributor of wrecker bodies, installs an | 49186 |
| emergency flashing light pylon and emergency lights upon the mast | 49187 |
| of the wrecker body or rooftop, and installs such other related | 49188 |
| accessories and equipment, including push bumpers, front grille | 49189 |
| guards with pads and other custom-ordered items such as painting, | 49190 |
| special lettering, and safety striping so as to create a complete | 49191 |
| motor vehicle capable of lifting and towing another motor vehicle. | 49192 |
| (b) An incomplete cab and chassis that are purchased by a | 49193 |
| remanufacturer from a new motor vehicle dealer or distributor of | 49194 |
| the cab and chassis and on which the remanufacturer then installs | 49195 |
| in a permanent manner a car carrier body it purchases from a | 49196 |
| manufacturer or distributor of car carrier bodies, installs an | 49197 |
| emergency flashing light pylon and emergency lights upon the | 49198 |
| rooftop, and installs such other related accessories and | 49199 |
| equipment, including push bumpers, front grille guards with pads | 49200 |
| and other custom-ordered items such as painting, special | 49201 |
| lettering, and safety striping. | 49202 |
| As used in division (GG)(6)(b) of this section, "car carrier | 49203 |
| body" means a mechanical or hydraulic apparatus capable of lifting | 49204 |
| and holding a motor vehicle on a flat level surface so that one or | 49205 |
| more motor vehicles can be transported, once the car carrier is | 49206 |
| permanently installed upon an incomplete cab and chassis. | 49207 |
| (HH) "Operating as a new motor vehicle dealership" means | 49208 |
| engaging in activities such as displaying, offering for sale, and | 49209 |
| selling new motor vehicles at retail, operating a service facility | 49210 |
| to perform repairs and maintenance on motor vehicles, offering for | 49211 |
| sale and selling motor vehicle parts at retail, and conducting all | 49212 |
| other acts that are usual and customary to the operation of a new | 49213 |
| motor vehicle dealership. For the purposes of this chapter only, | 49214 |
| possession of either a valid new motor vehicle dealer franchise | 49215 |
| agreement or a new motor vehicle dealers license, or both of these | 49216 |
| items, is not evidence that a person is operating as a new motor | 49217 |
| vehicle dealership. | 49218 |
| (II) "Manufactured home broker" means any person acting as a | 49219 |
| selling agent on behalf of an owner of a manufactured or mobile | 49220 |
| home that is subject to taxation under section 4503.06 of the | 49221 |
| Revised Code. | 49222 |
| (JJ) "Outdoor power equipment" means garden and small utility | 49223 |
| tractors, walk-behind and riding mowers, chainsaws, and tillers. | 49224 |
| (KK) "Remote service facility" means premises that are | 49225 |
| separate from a licensed new motor vehicle dealer's sales facility | 49226 |
| by not more than one mile and that are used by the dealer to | 49227 |
| perform repairs, warranty work, recall work, and maintenance on | 49228 |
| motor vehicles pursuant to a franchise agreement entered into with | 49229 |
| a manufacturer of motor vehicles. A remote service facility shall | 49230 |
| be deemed to be part of the franchise agreement and is subject to | 49231 |
| all the rights, duties, obligations, and requirements of Chapter | 49232 |
| 4517. of the Revised Code that relate to the performance of motor | 49233 |
| vehicle repairs, warranty work, recall work, and maintenance work | 49234 |
| by new motor vehicle dealers. | 49235 |
| Sec. 4519.01. As used in this chapter: | 49236 |
| (A) "Snowmobile" means any self-propelled vehicle designed | 49237 |
| primarily for use on snow or ice, and steered by skis, runners, or | 49238 |
| caterpillar treads. | 49239 |
| (B) "All-purpose vehicle" means any self-propelled vehicle | 49240 |
| designed primarily for cross-country travel on land and water, or | 49241 |
| on more than one type of terrain, and steered by wheels or | 49242 |
| caterpillar treads, or any combination thereof, including vehicles | 49243 |
| that operate on a cushion of air, vehicles commonly known as | 49244 |
| all-terrain vehicles, all-season vehicles, mini-bikes, and trail | 49245 |
|
bikes | 49246 |
| 49247 | |
| vehicle" does not include a utility vehicle as defined in section | 49248 |
| 4501.01 of the Revised Code or any vehicle principally used in | 49249 |
| playing golf, any motor vehicle or aircraft required to be | 49250 |
| registered under Chapter 4503. or 4561. of the Revised Code, and | 49251 |
| any vehicle excepted from definition as a motor vehicle by | 49252 |
| division (B) of section 4501.01 of the Revised Code. | 49253 |
| (C) "Owner" means any person or firm, other than a lienholder | 49254 |
| or dealer, having title to a snowmobile, off-highway motorcycle, | 49255 |
| or all-purpose vehicle, or other right to the possession thereof. | 49256 |
| (D) "Operator" means any person who operates or is in actual | 49257 |
| physical control of a snowmobile, off-highway motorcycle, or | 49258 |
| all-purpose vehicle. | 49259 |
| (E) "Dealer" means any person or firm engaged in the business | 49260 |
| of manufacturing or selling snowmobiles, off-highway motorcycles, | 49261 |
| or all-purpose vehicles at wholesale or retail, or who rents, | 49262 |
| leases, or otherwise furnishes snowmobiles, off-highway | 49263 |
| motorcycles, or all-purpose vehicles for hire. | 49264 |
| (F) "Street or highway" has the same meaning as in section | 49265 |
| 4511.01 of the Revised Code. | 49266 |
| (G) "Limited access highway" and "freeway" have the same | 49267 |
| meanings as in section 5511.02 of the Revised Code. | 49268 |
| (H) "Interstate highway" means any part of the interstate | 49269 |
| system of highways as defined in subsection (e), 90 Stat. 431 | 49270 |
| (1976), 23 U.S.C.A. 103, as amended. | 49271 |
| (I) "Off-highway motorcycle" means every motorcycle, as | 49272 |
| defined in section 4511.01 of the Revised Code, that is designed | 49273 |
| to be operated primarily on lands other than a street or highway. | 49274 |
| (J) "Electronic" and "electronic record" have the same | 49275 |
| meanings as in section 4501.01 of the Revised Code. | 49276 |
| (K) "Electronic dealer" means a dealer whom the registrar of | 49277 |
| motor vehicles designates under section 4519.511 of the Revised | 49278 |
| Code. | 49279 |
| Sec. 4519.02. (A) Except as provided in divisions (B), (C), | 49280 |
| and (D) of this section, no person shall operate any snowmobile, | 49281 |
| off-highway motorcycle, or all-purpose vehicle within this state | 49282 |
| unless the snowmobile, off-highway motorcycle, or all-purpose | 49283 |
| vehicle is registered and numbered in accordance with sections | 49284 |
| 4519.03 and 4519.04 of the Revised Code. | 49285 |
| (B) No registration is required for a snowmobile, off-highway | 49286 |
| motorcycle, or all-purpose vehicle that is operated exclusively | 49287 |
| upon lands owned by the owner of the snowmobile, off-highway | 49288 |
| motorcycle, or all-purpose vehicle, or on lands to which the owner | 49289 |
| has a contractual right. | 49290 |
| (C) | 49291 |
| 49292 | |
| 49293 | |
| 49294 | |
| 49295 | |
| 49296 | |
| all-purpose vehicle owned and used in this state by a person who | 49297 |
| is not a resident of | 49298 |
| 49299 | |
| Revised Code. | 49300 |
| (D) No registration is required for a snowmobile, off-highway | 49301 |
| motorcycle, or all-purpose vehicle owned and used in this state by | 49302 |
| the United States, another state, or a political subdivision | 49303 |
| thereof, but the snowmobile, off-highway motorcycle, or | 49304 |
| all-purpose vehicle shall display the name of the owner thereon. | 49305 |
| (E) The owner or operator of any all-purpose vehicle operated | 49306 |
| or used upon the waters in this state shall comply with Chapters | 49307 |
| 1547. and 1548. of the Revised Code relative to the operation of | 49308 |
| watercraft. | 49309 |
| (F) Except as otherwise provided in this division, whoever | 49310 |
| violates division (A) of this section shall be fined not more than | 49311 |
| twenty-five dollars. If the offender previously has been convicted | 49312 |
| of or pleaded guilty to a violation of division (A) of this | 49313 |
| section, whoever violates division (A) of this section shall be | 49314 |
| fined not less than twenty-five nor more than fifty dollars. | 49315 |
| Sec. 4519.09. Every owner or operator of a snowmobile, | 49316 |
| off-highway motorcycle, or all-purpose vehicle who is not a | 49317 |
| resident
of | 49318 |
| 49319 | |
| motorcycle, or all-purpose vehicle in Ohio, shall apply to the | 49320 |
| registrar of motor vehicles or a deputy registrar for a temporary | 49321 |
| operating permit. The temporary operating permit shall be issued | 49322 |
| for a period not to exceed fifteen days from the date of issuance, | 49323 |
| shall be in such form as the registrar determines, shall include | 49324 |
| the name and address of the owner and operator of the snowmobile, | 49325 |
| off-highway motorcycle, or all-purpose vehicle, and any other | 49326 |
| information as the registrar considers necessary, and shall be | 49327 |
| issued upon payment of a fee of five dollars. Every owner or | 49328 |
| operator receiving a temporary operating permit shall display it | 49329 |
| upon the reasonable request of any law enforcement officer or | 49330 |
| other person as authorized by sections 4519.42 and 4519.43 of the | 49331 |
| Revised Code. | 49332 |
| Sec. 4561.17. For the purpose of providing revenue for | 49333 |
| paying the expenses of administering sections 4561.17 to 4561.22 | 49334 |
| of the Revised Code relative to the registration of aircraft, for | 49335 |
| the surveying of and the establishment, checking, maintenance, and | 49336 |
| repair of aviation air marking and of air navigation facilities, | 49337 |
| for airport capital improvements, for the acquiring, maintaining, | 49338 |
| and repairing of equipment necessary therefor, and for the cost of | 49339 |
| the creation and distribution of Ohio aeronautical charts and Ohio | 49340 |
| airport and landing field directories, an annual license tax is | 49341 |
| hereby levied upon all aircraft based in this state for which an | 49342 |
| aircraft worthiness certificate issued by the federal aviation | 49343 |
| administration is in effect except the following: | 49344 |
| (A) Aircraft owned by the United States or any territory | 49345 |
| thereof; | 49346 |
| (B) Aircraft owned by any foreign government; | 49347 |
| (C) Aircraft owned by any state or any political subdivision | 49348 |
| thereof; | 49349 |
| (D) Aircraft operated under a certificate of convenience and | 49350 |
| necessity issued by the civil aeronautics board or any successor | 49351 |
| thereto; | 49352 |
| (E) Aircraft owned by any nonresident of this state whether | 49353 |
| such owner is an individual, partnership, or corporation, provided | 49354 |
| such owner has complied with all the laws in regard to the | 49355 |
| licensing of aircraft in the state of | 49356 |
| (F) Aircraft owned by aircraft manufacturers or aircraft | 49357 |
| engine manufacturers and operated only for purposes of testing, | 49358 |
| delivery, or demonstration; | 49359 |
| (G) Aircraft operated for hire over regularly scheduled | 49360 |
| routes within the state. | 49361 |
| Such license tax shall be at the rates specified in section | 49362 |
| 4561.18 of the Revised Code, and shall be paid to and collected by | 49363 |
| the director of transportation at the time of making application | 49364 |
| as provided in such section. | 49365 |
| Sec. 4561.18. Applications for the licensing and | 49366 |
| registration of aircraft shall be made and signed by the owner | 49367 |
| thereof upon forms prepared by the department of transportation | 49368 |
| and shall contain a description of the aircraft, including its | 49369 |
| federal registration number, and such other information as is | 49370 |
| required by the department. | 49371 |
| Applications shall be filed with the director of | 49372 |
| transportation during the month of January annually and shall be | 49373 |
| renewed according to the standard renewal procedure of sections | 49374 |
| 4745.01 to 4745.03 of the Revised Code. Application for | 49375 |
| registration of any aircraft not previously registered in this | 49376 |
| state, if such aircraft is acquired or becomes subject to such | 49377 |
| license tax subsequent to the last day of January in any year, | 49378 |
| shall be made for the balance of the year in which the same is | 49379 |
| acquired, within forty-eight hours after such acquisition or after | 49380 |
| becoming subject to such license tax. Each such application shall | 49381 |
| be accompanied by the proper license tax, which, for all aircraft | 49382 |
| other than gliders and balloons, shall be at the annual rate of | 49383 |
| 49384 | |
| manufacturer's maximum listed seating capacity. The license tax | 49385 |
| for gliders and balloons shall be | 49386 |
| Such taxes are in lieu of all other taxes on or with respect | 49387 |
| to ownership of such aircraft. | 49388 |
| Sec. 4561.21. (A) The director of transportation shall | 49389 |
| deposit all aircraft transfer fees in the state treasury to the | 49390 |
| credit of the general fund. | 49391 |
| (B) The director shall deposit all aircraft license taxes in | 49392 |
| the state treasury to the credit of the | 49393 |
| assistance fund, which is hereby created. Money in the fund shall | 49394 |
| be used | 49395 |
| capital improvements to publicly owned airports | 49396 |
| director shall distribute the money to | 49397 |
| recipients in accordance with such procedures, guidelines, and | 49398 |
| criteria as the director shall establish. | 49399 |
| Sec. 4703.15. (A) The state board of examiners of architects | 49400 |
| may by three concurring votes deny renewal of, revoke, or suspend | 49401 |
| any certificate of qualification to practice architecture, issued | 49402 |
| or renewed under sections 4703.10, 4703.13, and 4703.14 of the | 49403 |
| Revised Code, or any certificate of authorization, issued or | 49404 |
| renewed under sections 4703.13 and 4703.18 of the Revised Code, if | 49405 |
| proof satisfactory to the board is presented in any of the | 49406 |
| following cases: | 49407 |
| | 49408 |
| by fraud; | 49409 |
| | 49410 |
| guilty by the board or by a court of justice of any fraud or | 49411 |
|
deceit in | 49412 |
| convicted of a felony by a court of justice; | 49413 |
| | 49414 |
| of gross negligence, incompetency, or misconduct in the | 49415 |
|
performance of | 49416 |
| practice of architecture; | 49417 |
| | 49418 |
| guilty by the board of signing plans for the construction of a | 49419 |
|
building as a "registered architect" where | 49420 |
|
the actual
architect of such building and where | 49421 |
| without prior written consent of the architect originating the | 49422 |
| design or other documents used in the plans; | 49423 |
| | 49424 |
| guilty by the board of aiding and abetting another person or | 49425 |
| persons not properly registered as required by sections 4703.01 to | 49426 |
| 4703.19 of the Revised Code, in the performance of activities that | 49427 |
| in any manner or extent constitute the practice of architecture. | 49428 |
| At any time after the expiration of six months from the date | 49429 |
| of the revocation or suspension of a certificate, the individual, | 49430 |
| firm, partnership, association, or corporation may apply for | 49431 |
| reinstatement of the certificate. Upon showing that all loss | 49432 |
| caused by the individual, firm, partnership, association, or | 49433 |
| corporation whose certificate has been revoked or suspended has | 49434 |
| been fully satisfied and that all conditions imposed by the | 49435 |
| revocation or suspension decision have been complied with, and | 49436 |
| upon the payment of all costs incurred by the board as a result of | 49437 |
| the case at issue, the board, at its discretion and upon evidence | 49438 |
| that in its opinion would so warrant, may restore the certificate. | 49439 |
| (B) In addition to disciplinary action the board may take | 49440 |
| against a certificate holder under division (A) of this section or | 49441 |
| section 4703.151 of the Revised Code, the board may impose a fine | 49442 |
| against a certificate holder who obtained a certificate by fraud | 49443 |
| or who is found guilty of any act specified in divisions (A)(2) to | 49444 |
| (A)(5) of this section or who violates any rule governing the | 49445 |
| standards of service, conduct, and practice adopted pursuant to | 49446 |
| section 4703.02 of the Revised Code. The fine imposed shall be not | 49447 |
| more than one thousand dollars for each offense but shall not | 49448 |
| exceed five thousand dollars regardless of the number of offenses | 49449 |
| the certificate holder has committed between the time the fine is | 49450 |
| imposed and the time any previous fine was imposed. | 49451 |
| Sec. 4705.09. (A)(1) Any person admitted to the practice of | 49452 |
| law in this state by order of the supreme court in accordance with | 49453 |
| its prescribed and published rules, or any law firm or legal | 49454 |
| professional association, may establish and maintain an | 49455 |
| interest-bearing trust account, for purposes of depositing client | 49456 |
| funds held by the attorney, firm, or association that are nominal | 49457 |
| in amount or are to be held by the attorney, firm, or association | 49458 |
| for a short period of time, with any bank or savings and loan | 49459 |
| association that is authorized to do business in this state and is | 49460 |
| insured by the federal deposit insurance corporation or the | 49461 |
| successor to that corporation, or any credit union insured by the | 49462 |
| national credit union administration operating under the "Federal | 49463 |
| Credit Union Act," 84 Stat. 994 (1970), 12 U.S.C.A. 1751. Each | 49464 |
| account established under this division shall be in the name of | 49465 |
| the attorney, firm, or association that established and is | 49466 |
| maintaining it and shall be identified as an IOLTA or an interest | 49467 |
| on lawyer's trust account. The name of the account may contain | 49468 |
| additional identifying features to distinguish it from other trust | 49469 |
| accounts established and maintained by the attorney, firm, or | 49470 |
| association. | 49471 |
| (2) Each attorney who receives funds belonging to a client | 49472 |
| shall do one of the following: | 49473 |
| (a) Establish and maintain one or more interest-bearing trust | 49474 |
| accounts in accordance with division (A)(1) of this section or | 49475 |
| maintain one or more interest-bearing trust accounts previously | 49476 |
| established in accordance with that division, and deposit all | 49477 |
| client funds held that are nominal in amount or are to be held by | 49478 |
| the attorney for a short period of time in the account or | 49479 |
| accounts; | 49480 |
| (b) If the attorney is affiliated with a law firm or legal | 49481 |
| professional association, comply with division (A)(2)(a) of this | 49482 |
| section or deposit all client funds held that are nominal in | 49483 |
| amount or are to be held by the attorney for a short period of | 49484 |
| time in one or more interest-bearing trust accounts established | 49485 |
| and maintained by the firm or association in accordance with | 49486 |
| division (A)(1) of this section. | 49487 |
| (3) No funds belonging to any attorney, firm, or legal | 49488 |
| professional association shall be deposited in any | 49489 |
|
interest-bearing | 49490 |
| (A)(1) or (2) of this section, except that funds sufficient to pay | 49491 |
| or enable a waiver of depository institution service charges on | 49492 |
| the account shall be deposited in the account and other funds | 49493 |
| belonging to the attorney, firm, or association may be deposited | 49494 |
| as authorized by the Code of Professional Responsibility adopted | 49495 |
| by the supreme court. The determinations of whether funds held are | 49496 |
| nominal or more than nominal in amount and of whether funds are to | 49497 |
| be held for a short period or longer than a short period of time | 49498 |
| rests in the sound judgment of the particular attorney. No | 49499 |
| imputation of professional misconduct shall arise from the | 49500 |
| attorney's exercise of judgment in these matters. | 49501 |
| (B) All interest earned on funds deposited in an | 49502 |
| interest-bearing trust account established under division (A)(1) | 49503 |
| or (2) of this section shall be transmitted to the treasurer of | 49504 |
| state for deposit in the legal aid fund established under section | 49505 |
| 120.52 of the Revised Code. No part of the interest earned on | 49506 |
| funds deposited in an interest-bearing trust account established | 49507 |
| under division (A)(1) or (2) of this section shall be paid to, or | 49508 |
| inure to the benefit of, the attorney, the attorney's law firm or | 49509 |
| legal professional association, the client or other person who | 49510 |
| owns or has a beneficial ownership of the funds deposited, or any | 49511 |
| other person other than in accordance with this section, section | 49512 |
| 4705.10, and sections 120.51 to 120.55 of the Revised Code. | 49513 |
| (C) No liability arising out of any act or omission by any | 49514 |
| attorney, law firm, or legal professional association with respect | 49515 |
| to any interest-bearing trust account established under division | 49516 |
| (A)(1) or (2) of this section shall be imputed to the depository | 49517 |
| institution. | 49518 |
| (D) The supreme court may adopt and enforce rules of | 49519 |
| professional conduct that pertain to the use, by attorneys, law | 49520 |
| firms, or legal professional associations, of interest-bearing | 49521 |
| trust accounts established under division (A)(1) or (2) of this | 49522 |
| section, and that pertain to the enforcement of division (A)(2) of | 49523 |
| this section. Any rules adopted by the supreme court under this | 49524 |
| authority shall conform to the provisions of this section, section | 49525 |
| 4705.10, and sections 120.51 to 120.55 of the Revised Code. | 49526 |
| Sec. 4709.05. In addition to any other duty imposed on the | 49527 |
| barber board under this chapter, the board shall do all of the | 49528 |
| following: | 49529 |
| (A) Organize by electing a chairperson from its members to | 49530 |
| serve a one-year term; | 49531 |
| (B) Hold regular meetings, at the times and places as it | 49532 |
| determines for the purpose of conducting the examinations required | 49533 |
| under this chapter, and hold additional meetings for the | 49534 |
| transaction of necessary business; | 49535 |
| (C) Provide for suitable quarters, in the city of Columbus, | 49536 |
| for the conduct of its business and the maintenance of its | 49537 |
| records; | 49538 |
| (D) Adopt a common seal for the authentication of its orders, | 49539 |
| communications, and records; | 49540 |
| (E) Maintain a record of its proceedings and a register of | 49541 |
| persons licensed as barbers. The register shall include each | 49542 |
| licensee's name, place of business, residence, and licensure date | 49543 |
| and number, and a record of all licenses issued, refused, renewed, | 49544 |
| suspended, or revoked. The records are open to public inspection | 49545 |
| at all reasonable times. | 49546 |
| (F) Annually, on or before the first day of January, make a | 49547 |
| report to the governor of all its official acts during the | 49548 |
| preceding year, its receipts and disbursements, recommendations it | 49549 |
| determines appropriate, and an evaluation of board activities | 49550 |
| intended to aid or protect consumers of barber services; | 49551 |
| (G) Employ an executive director who shall do all things | 49552 |
| requested by the board for the administration and enforcement of | 49553 |
| this chapter. The executive director shall employ inspectors, | 49554 |
|
clerks, and other assistants as | 49555 |
| determines necessary. | 49556 |
| (H) Ensure that the practice of barbering is conducted only | 49557 |
| in a licensed barber shop, except when the practice of barbering | 49558 |
| is performed on a person whose physical or mental disability | 49559 |
| prevents that person from going to a licensed barber shop; | 49560 |
| (I) Conduct or have conducted the examination for applicants | 49561 |
| to practice as licensed barbers at least four times per year at | 49562 |
| the times and places the board determines; | 49563 |
| (J) Adopt rules, in accordance with Chapter 119. of the | 49564 |
| Revised Code, to administer and enforce this chapter and which | 49565 |
| cover all of the following: | 49566 |
| (1) Sanitary standards for the operation of barber shops and | 49567 |
| barber schools that conform to guidelines established by the | 49568 |
| department of health; | 49569 |
| (2) The content of the examination required of an applicant | 49570 |
| for a barber license. The examination shall include a practical | 49571 |
| demonstration and a written test, shall relate only to the | 49572 |
| practice of barbering, and shall require the applicant to | 49573 |
| demonstrate that the applicant has a thorough knowledge of and | 49574 |
| competence in the proper techniques in the safe use of chemicals | 49575 |
| used in the practice of barbering. | 49576 |
| (3) Continuing education requirements for persons licensed | 49577 |
| pursuant to this chapter. The board may impose continuing | 49578 |
| education requirements upon a licensee for a violation of this | 49579 |
| chapter or the rules adopted pursuant thereto or if the board | 49580 |
| determines that the requirements are necessary to preserve the | 49581 |
| health, safety, or welfare of the public. | 49582 |
| (4) Requirements for the licensure of barber schools, barber | 49583 |
| teachers, and assistant barber teachers; | 49584 |
| (5) Requirements for students of barber schools; | 49585 |
| (6) Any other area the board determines appropriate to | 49586 |
| administer or enforce this chapter. | 49587 |
| (K) Annually review the rules adopted pursuant to division | 49588 |
| (J) of this section in order to compare those rules with the rules | 49589 |
| adopted by the state board of cosmetology pursuant to section | 49590 |
| 4713.08 of the Revised Code. If the barber board determines that | 49591 |
| the rules adopted by the state board of cosmetology, including, | 49592 |
| but not limited to, rules concerning using career technical | 49593 |
| schools, would be beneficial to the barbering profession, the | 49594 |
| barber board shall adopt rules similar to those it determines | 49595 |
| would be beneficial for barbers. | 49596 |
| (L) Prior to adopting any rule under this chapter, indicate | 49597 |
| at a formal hearing the reasons why the rule is necessary as a | 49598 |
| protection of the persons who use barber services or as an | 49599 |
| improvement of the professional standing of barbers in this state; | 49600 |
| | 49601 |
| barber school with a copy of all sanitary rules adopted pursuant | 49602 |
| to division (J) of this section; | 49603 |
| | 49604 |
| and establishments licensed or unlicensed pursuant to this chapter | 49605 |
| and for that purpose, any member of the board or any of its | 49606 |
| authorized agents may enter and inspect any place of business of a | 49607 |
| licensee or a person suspected of violating this chapter or the | 49608 |
| rules adopted pursuant thereto, during normal business hours; | 49609 |
| | 49610 |
| payment of the appropriate fee, provide to the applicant licensure | 49611 |
| information concerning the applicant; | 49612 |
| | 49613 |
| and enforcement of this chapter. | 49614 |
| Sec. 4713.02. (A) There is hereby created the state board of | 49615 |
| cosmetology, consisting of all of the following members appointed | 49616 |
| by the governor, with the advice and consent of the senate: | 49617 |
| (1) One person holding a current, valid cosmetologist, | 49618 |
| managing cosmetologist, or cosmetology instructor license at the | 49619 |
| time of appointment; | 49620 |
| (2) Two persons holding current, valid managing cosmetologist | 49621 |
| licenses and actively engaged in managing beauty salons at the | 49622 |
| time of appointment; | 49623 |
| (3) One person who holds a current, valid independent | 49624 |
| contractor license at the time of appointment or the owner or | 49625 |
| manager of a licensed salon in which at least one person holding a | 49626 |
| current, valid independent contractor license practices a branch | 49627 |
| of cosmetology; | 49628 |
| (4) One person who represents individuals who teach the | 49629 |
| theory and practice of a branch of cosmetology at a vocational | 49630 |
| school; | 49631 |
| (5) One owner of a licensed school of cosmetology; | 49632 |
| (6) One owner of at least five licensed salons; | 49633 |
| (7) One person who is either a certified nurse practitioner | 49634 |
| or clinical nurse specialist holding a certificate of authority | 49635 |
| issued under Chapter 4723. of the Revised Code, or a physician | 49636 |
| authorized under Chapter 4731. of the Revised Code to practice | 49637 |
| medicine and surgery or osteopathic medicine and surgery; | 49638 |
| (8) One person representing the general public. | 49639 |
| (B) The superintendent of public instruction shall nominate | 49640 |
| three persons for the governor to choose from when making an | 49641 |
| appointment under division (A)(4) of this section. | 49642 |
| (C) All members shall be at least twenty-five years of age, | 49643 |
| residents of the state, and citizens of the United States. No more | 49644 |
| than two members, at any time, shall be graduates of the same | 49645 |
| school of cosmetology. | 49646 |
| Except for the initial members appointed under divisions | 49647 |
| (A)(3) and (4) of this section, terms of office are for five | 49648 |
| years. The term of the initial member appointed under division | 49649 |
| (A)(3) of this section shall be three years. The term of the | 49650 |
| initial member appointed under division (A)(4) of this section | 49651 |
| shall be four years. Terms shall commence on the first day of | 49652 |
| November and end on the thirty-first day of October. Each member | 49653 |
| shall hold office from the date of appointment until the end of | 49654 |
| the term for which appointed. In case of a vacancy occurring on | 49655 |
| the board, the governor shall, in the same manner prescribed for | 49656 |
| the regular appointment to the board, fill the vacancy by | 49657 |
| appointing a member. Any member appointed to fill a vacancy | 49658 |
| occurring prior to the expiration of the term for which the | 49659 |
| member's predecessor was appointed shall hold office for the | 49660 |
| remainder of such term. Any member shall continue in office | 49661 |
| subsequent to the expiration date of the member's term until the | 49662 |
| member's successor takes office, or until a period of sixty days | 49663 |
| has elapsed, whichever occurs first. Before entering upon the | 49664 |
| discharge of the duties of the office of member, each member shall | 49665 |
| take, and file with the secretary of state, the oath of office | 49666 |
| required by Section 7 of Article XV, Ohio Constitution. | 49667 |
| The members of the board shall receive an amount fixed | 49668 |
| pursuant to Chapter 124. of the Revised Code per diem for every | 49669 |
| meeting of the board which they attend, together with their | 49670 |
| necessary expenses, and mileage for each mile necessarily | 49671 |
| traveled. | 49672 |
| The members of the board shall annually elect, from among | 49673 |
| their number, a chairperson. | 49674 |
| The board shall prescribe the duties of its officers and | 49675 |
|
establish an office | 49676 |
| board shall keep all records and files at the office and have the | 49677 |
| records and files at all reasonable hours open to public | 49678 |
| inspection. The board also shall adopt a seal. | 49679 |
| Sec. 4713.441. Notwithstanding divisions (A) and (B) of | 49680 |
| section 4743.03 of the Revised Code, no city, local, exempted | 49681 |
| village, or joint vocational school district shall offer | 49682 |
| postsecondary education in any course regulated by the state board | 49683 |
| of cosmetology under this chapter, except for a continuing | 49684 |
| education course, if the school where that course is offered is | 49685 |
| located within the same county or a county contiguous to the | 49686 |
| county as is located a proprietary school of cosmetology that | 49687 |
| holds a license issued by the state board of cosmetology pursuant | 49688 |
| to section 4713.44 of the Revised Code, unless the board of | 49689 |
| education of the school district enters into a written agreement | 49690 |
| with each licensed proprietary school located in the same county | 49691 |
| or a contiguous county permitting the offering of a specific | 49692 |
| postsecondary education course regulated by the state board of | 49693 |
| cosmetology. | 49694 |
| If there is no licensed proprietary school of cosmetology | 49695 |
| within the same county or a contiguous county, the board of | 49696 |
| education of the school district shall first obtain approval from | 49697 |
| the state board of cosmetology and the department of education | 49698 |
| before enrolling any postsecondary student in a cosmetology | 49699 |
| education program. | 49700 |
| The general assembly declares that this measure is necessary | 49701 |
| in order to protect the public health, safety, and welfare. | 49702 |
| Sec. 4717.05. (A) Any person who desires to be licensed as | 49703 |
| an embalmer shall apply to the board of embalmers and funeral | 49704 |
| directors on a form provided by the board. The applicant shall | 49705 |
| include with the application an initial license fee as set forth | 49706 |
| in section 4717.07 of the Revised Code and evidence, verified by | 49707 |
| oath and satisfactory to the board, that the applicant meets all | 49708 |
| of the following requirements: | 49709 |
| (1) The applicant is at least eighteen years of age and of | 49710 |
| good moral character. | 49711 |
| (2) If the applicant has pleaded guilty to, has been found by | 49712 |
| a judge or jury to be guilty of, or has had a judicial finding of | 49713 |
| eligibility for treatment in lieu of conviction entered against | 49714 |
| the applicant in this state for aggravated murder, murder, | 49715 |
| voluntary manslaughter, felonious assault, kidnapping, rape, | 49716 |
| sexual battery, gross sexual imposition, aggravated arson, | 49717 |
| aggravated robbery, or aggravated burglary, or has pleaded guilty | 49718 |
| to, has been found by a judge or jury to be guilty of, or has had | 49719 |
| a judicial finding of eligibility for treatment in lieu of | 49720 |
| conviction entered against the applicant in another jurisdiction | 49721 |
| for a substantially equivalent offense, at least five years has | 49722 |
| elapsed since the applicant was released from incarceration, a | 49723 |
| community control sanction, a post-release control sanction, | 49724 |
| parole, or treatment in connection with the offense. | 49725 |
| (3) The applicant holds at least a bachelor's degree from a | 49726 |
| college or university authorized to confer degrees by the Ohio | 49727 |
| board of regents or the comparable legal agency of another state | 49728 |
| in which the college or university is located and submits an | 49729 |
| official transcript from that college or university with the | 49730 |
| application. | 49731 |
| (4) The applicant has satisfactorily completed at least | 49732 |
| twelve months of instruction in a prescribed course in mortuary | 49733 |
| science as approved by the board and has presented to the board a | 49734 |
| certificate showing successful completion of the course. The | 49735 |
| course of mortuary science college training may be completed | 49736 |
| either before or after the completion of the educational standard | 49737 |
| set forth in division (A)(3) of this section. | 49738 |
| (5) The applicant has registered with the board prior to | 49739 |
| beginning an embalmer apprenticeship. | 49740 |
| (6) The applicant has satisfactorily completed at least one | 49741 |
| year of apprenticeship under an embalmer licensed in this state | 49742 |
| and has assisted that person in embalming at least twenty-five | 49743 |
| dead human bodies. | 49744 |
| (7) The applicant, upon meeting the educational standards | 49745 |
| provided for in divisions (A)(3) and (4) of this section and | 49746 |
| completing the apprenticeship required in division (A)(6) of this | 49747 |
| section, has completed the examination for an embalmer's license | 49748 |
| required by the board. | 49749 |
| (B) Upon receiving satisfactory evidence verified by oath | 49750 |
| that the applicant meets all the requirements of division (A) of | 49751 |
| this section, the board shall issue the applicant an embalmer's | 49752 |
| license. | 49753 |
| (C) Any person who desires to be licensed as a funeral | 49754 |
| director shall apply to the board on a form provided by the board. | 49755 |
| The application shall include an initial license fee as set forth | 49756 |
| in section 4717.07 of the Revised Code and evidence, verified by | 49757 |
| oath and satisfactory to the board, that the applicant meets all | 49758 |
| of the following requirements: | 49759 |
| (1) Except as otherwise provided in division (D) of this | 49760 |
| section, the applicant has satisfactorily met all the requirements | 49761 |
| for an embalmer's license as described in divisions (A)(1) to (4) | 49762 |
| of this section. | 49763 |
| (2) The applicant has registered with the board prior to | 49764 |
| beginning a funeral director apprenticeship. | 49765 |
| (3) The applicant, following mortuary science college | 49766 |
|
training
described in division (A)(4) of this section, has | 49767 |
| satisfactorily completed a one-year apprenticeship under a | 49768 |
| licensed funeral director in this state and has assisted that | 49769 |
| person in directing at least twenty-five funerals. | 49770 |
| (4) The applicant has satisfactorily completed the | 49771 |
| examination for a funeral director's license as required by the | 49772 |
| board. | 49773 |
| (D) In lieu of mortuary science college training required for | 49774 |
| a funeral director's license under division (C)(1) of this | 49775 |
| section, the applicant may substitute a satisfactorily completed | 49776 |
| two-year apprenticeship under a licensed funeral director in this | 49777 |
| state assisting that person in directing at least fifty funerals. | 49778 |
| (E) Upon receiving satisfactory evidence that the applicant | 49779 |
| meets all the requirements of division (C) of this section, the | 49780 |
| board shall issue to the applicant a funeral director's license. | 49781 |
| (F) As used in this section: | 49782 |
| (1) "Community control sanction" has the same meaning as in | 49783 |
| section 2929.01 of the Revised Code. | 49784 |
| (2) "Post-release control sanction" has the same meaning as | 49785 |
| in section 2967.01 of the Revised Code. | 49786 |
| Sec. 4723.32. This chapter does not prohibit any of the | 49787 |
| following: | 49788 |
| (A) The practice of nursing by a student currently enrolled | 49789 |
| in and actively pursuing completion of a prelicensure nursing | 49790 |
| education program approved by the board of nursing, if the | 49791 |
| student's practice is under the auspices of the program and the | 49792 |
| student acts under the supervision of a registered nurse serving | 49793 |
| for the program as a faculty member, teaching assistant, or | 49794 |
| preceptor; | 49795 |
| (B) The rendering of medical assistance to a licensed | 49796 |
| physician, licensed dentist, or licensed podiatrist by a person | 49797 |
| under the direction, supervision, and control of such licensed | 49798 |
| physician, dentist, or podiatrist; | 49799 |
| (C) The activities of persons employed as nursing aides, | 49800 |
| attendants, orderlies, or other auxiliary workers in patient | 49801 |
| homes, nurseries, nursing homes, hospitals, home health agencies, | 49802 |
| or other similar institutions; | 49803 |
| (D) The provision of nursing services to family members or in | 49804 |
| emergency situations; | 49805 |
| (E) The care of the sick when done in connection with the | 49806 |
| practice of religious tenets of any church and by or for its | 49807 |
| members; | 49808 |
| (F) The practice of nursing as a certified registered nurse | 49809 |
| anesthetist, clinical nurse specialist, certified nurse-midwife, | 49810 |
| or certified nurse practitioner by a student currently enrolled in | 49811 |
| and actively pursuing completion of a program of study leading to | 49812 |
| initial authorization by the board to practice nursing in the | 49813 |
| specialty, if both of the following are the case: | 49814 |
| (1) The program qualifies the student to sit for the | 49815 |
| examination of a national certifying organization listed in | 49816 |
| division (A)(3) of section 4723.41 of the Revised Code or approved | 49817 |
| by the board under section 4723.46 of the Revised Code or the | 49818 |
| program prepares the student to receive a master's degree in | 49819 |
| accordance with division (A)(2) of section 4723.41 of the Revised | 49820 |
| Code; | 49821 |
| (2) The student's practice is under the auspices of the | 49822 |
| program and the student acts under the supervision of a registered | 49823 |
| nurse serving for the program as a faculty member, teaching | 49824 |
| assistant, or preceptor. | 49825 |
| (G) The activities of an individual who currently holds a | 49826 |
| license to practice nursing in another jurisdiction, if the | 49827 |
| individual's license has not been revoked, the individual is not | 49828 |
| currently under suspension or on probation, the individual does | 49829 |
| not represent the individual as being licensed under this chapter, | 49830 |
| and one of the following is the case: | 49831 |
| (1) The individual is engaging in the practice of nursing by | 49832 |
| discharging official duties while employed by or under contract | 49833 |
| with the United States government or any agency thereof; | 49834 |
| (2) The individual is engaging in the practice of nursing as | 49835 |
| an employee of an individual, agency, or corporation located in | 49836 |
| the other jurisdiction in a position with employment | 49837 |
| responsibilities that include transporting patients into, out of, | 49838 |
| or through this state, as long as each trip in this state does not | 49839 |
| exceed seventy-two hours; | 49840 |
| (3) The individual is consulting with an individual licensed | 49841 |
| in this state to practice any health-related profession; | 49842 |
| (4) The individual is engaging in activities associated with | 49843 |
| teaching in this state as a guest lecturer at or for a nursing | 49844 |
| education program, continuing nursing education program, or | 49845 |
| in-service presentation; | 49846 |
| (5) The individual is conducting evaluations of nursing care | 49847 |
| that are undertaken on behalf of an accrediting organization, | 49848 |
| including the national league for nursing accrediting committee, | 49849 |
| the joint commission on accreditation of healthcare organizations, | 49850 |
| or any other nationally recognized accrediting organization; | 49851 |
| (6) The individual is providing nursing care to an individual | 49852 |
| who is in this state on a temporary basis, not to exceed six | 49853 |
| months in any one calendar year, if the nurse is directly employed | 49854 |
| by or under contract with the individual or a guardian or other | 49855 |
| person acting on the individual's behalf; | 49856 |
| (7) The individual is providing nursing care during any | 49857 |
| disaster, natural or otherwise, that has been officially declared | 49858 |
| to be a disaster by a public announcement issued by an appropriate | 49859 |
| federal, state, county, or municipal official. | 49860 |
| (H) The administration of medication by an individual who | 49861 |
| holds a valid medication aide certificate issued under this | 49862 |
| chapter, if the medication is administered to a resident of a | 49863 |
| nursing home or residential care facility authorized by section | 49864 |
| 4723.63 or 4723.64 of the Revised Code to use a certified | 49865 |
| medication aide and the medication is administered in accordance | 49866 |
| with section 4723.67 of the Revised Code. | 49867 |
| Sec. 4723.61. As used in this section and in sections | 49868 |
| 4723.62 to 4723.69 of the Revised Code: | 49869 |
| (A) "Medication" means a drug, as defined in section 4729.01 | 49870 |
| of the Revised Code. | 49871 |
| (B) "Medication error" means a failure to follow the | 49872 |
| prescriber's instructions when administering a prescription | 49873 |
| medication. | 49874 |
| (C) "Nursing home" and "residential care facility" have the | 49875 |
| same meanings as in section 3721.01 of the Revised Code. | 49876 |
| (D) "Prescription medication" means a medication that may be | 49877 |
| dispensed only pursuant to a prescription. | 49878 |
| (E) "Prescriber" and "prescription" have the same meanings as | 49879 |
| in section 4729.01 of the Revised Code. | 49880 |
| Sec. 4723.62. (A) There is hereby created the medication | 49881 |
| aide advisory council. The council shall consist of the following | 49882 |
| members: | 49883 |
| (1) A registered nurse working in long-term care, appointed | 49884 |
| by the governing body of the Ohio nurses association; | 49885 |
| (2) A licensed practical nurse working in long-term care, | 49886 |
| appointed by the governing body of the licensed practical nurse | 49887 |
| association of Ohio; | 49888 |
| (3) A registered nurse with experience in researching | 49889 |
| gerontology issues, appointed by the governing body of the Ohio | 49890 |
| nurses association; | 49891 |
| (4) An advanced practice nurse with experience in | 49892 |
| gerontology, appointed by the governing body of the Ohio | 49893 |
| association of advanced practice nurses; | 49894 |
| (5) A representative of the Ohio health care association, | 49895 |
| appointed by the governing body of the association; | 49896 |
| (6) A representative of the association of Ohio philanthropic | 49897 |
| homes, housing, and services for the aging, appointed by the | 49898 |
| governing body of the association; | 49899 |
| (7) A representative of the Ohio academy of nursing homes, | 49900 |
| appointed by the governing body of the academy; | 49901 |
| (8) A representative of the Ohio assisted living association, | 49902 |
| appointed by the governing body of the association; | 49903 |
| (9) A representative of the Ohio association of long-term | 49904 |
| care ombudsmen, appointed by the governing body of the | 49905 |
| association; | 49906 |
| (10) A representative of the American association of retired | 49907 |
| persons, appointed by the governing body of the association; | 49908 |
| (11) A representative of facility residents and families of | 49909 |
| facility residents, appointed by the board of nursing; | 49910 |
| (12) A representative of the senior care pharmacy alliance, | 49911 |
| appointed by the governing body of the alliance; | 49912 |
| (13) A representative of nurse aides, as defined in section | 49913 |
| 3721.21 of the Revised Code, appointed by the director of health; | 49914 |
| (14) A representative of the department of health with | 49915 |
| expertise in competency evaluation programs, as defined in section | 49916 |
| 3721.21 of the Revised Code, appointed by the director of health; | 49917 |
| (15) A representative of the office of the state long-term | 49918 |
| care ombudsperson program, appointed by the state long-term care | 49919 |
| ombudsperson; | 49920 |
| (16) A representative of the department of job and family | 49921 |
| services, appointed by the director of job and family services. | 49922 |
| (B) Members of the council shall serve at the pleasure of | 49923 |
| their appointing authorities. Vacancies shall be filled in the | 49924 |
| manner provided for original appointments. | 49925 |
| (C) Members shall receive no compensation for their service | 49926 |
| on the council, except to the extent that serving on the council | 49927 |
| is part of their regular duties of employment. | 49928 |
| (D) The board of nursing shall appoint one of its members or | 49929 |
| a representative of the board to serve as the council's | 49930 |
| chairperson. | 49931 |
| Sec. 4723.621. The medication aide advisory council created | 49932 |
| under section 4723.62 of the Revised Code shall make | 49933 |
| recommendations to the board of nursing with respect to all of the | 49934 |
| following: | 49935 |
| (A) The design and operation of the medication aide pilot | 49936 |
| program conducted under section 4723.63 of the Revised Code, | 49937 |
| including a method of collecting data through reports submitted by | 49938 |
| participating nursing homes and residential care facilities; | 49939 |
| (B) The content of the course of instruction required to | 49940 |
| obtain certification as a medication aide, including the | 49941 |
| examination to be used to evaluate the ability to administer | 49942 |
| prescription medications safely and the score that must be | 49943 |
| attained to pass the examination; | 49944 |
| (C) Whether medication aides may administer prescription | 49945 |
| medications through a gastrostomy or jejunostomy tube and the | 49946 |
| amount and type of training a medication aide needs to be | 49947 |
| adequately prepared to administer prescription medications through | 49948 |
| a gastrostomy or jejunostomy tube; | 49949 |
| (D) Protection of the health and welfare of the residents of | 49950 |
| nursing homes and residential care facilities participating in the | 49951 |
| pilot program and using medication aides pursuant to section | 49952 |
| 4723.64 of the Revised Code on or after July 1, 2007; | 49953 |
| (E) The board's adoption of rules under section 4723.69 of | 49954 |
| the Revised Code; | 49955 |
| (F) Any other issue the council considers relevant to the use | 49956 |
| of medication aides in nursing homes and residential care | 49957 |
| facilities. | 49958 |
| Sec. 4723.63. (A) In consultation with the medication aide | 49959 |
| advisory council established under section 4723.62 of the Revised | 49960 |
| Code, the board of nursing shall conduct a pilot program for the | 49961 |
| use of medication aides in nursing homes and residential care | 49962 |
| facilities. The board shall conduct the pilot program in a manner | 49963 |
| consistent with human protection and other ethical concerns | 49964 |
| typically associated with research studies involving live | 49965 |
| subjects. The pilot program shall be commenced not later than May | 49966 |
| 1, 2006, and shall be conducted until July 1, 2007. | 49967 |
| During the period the pilot program is conducted, a nursing | 49968 |
| home or residential care facility participating in the pilot | 49969 |
| program may use one or more medication aides to administer | 49970 |
| prescription medications to its residents, subject to both of the | 49971 |
| following conditions: | 49972 |
| (1) Each individual used as a medication aide must hold a | 49973 |
| current, valid certificate issued by the board of nursing under | 49974 |
| section 4723.65 of the Revised Code. | 49975 |
| (2) The nursing home or residential care facility shall | 49976 |
| ensure that the requirements of section 4723.67 of the Revised | 49977 |
| Code are met. | 49978 |
| (B) The board, in consultation with the medication aide | 49979 |
| advisory council, shall do all of the following not later than | 49980 |
| February 1, 2006: | 49981 |
| (1) Design the pilot program; | 49982 |
| (2) Establish standards to govern medication aides and the | 49983 |
| nursing homes and residential care facilities participating in the | 49984 |
| pilot program, including standards for the training of medication | 49985 |
| aides and the staff of participating nursing homes and residential | 49986 |
| care facilities; | 49987 |
| (3) Establish standards to protect the health and safety of | 49988 |
| the residents of the nursing homes and residential care facilities | 49989 |
| participating in the program; | 49990 |
| (4) Implement a process for selecting the nursing homes and | 49991 |
| residential care facilities to participate in the program. | 49992 |
| (C)(1) A nursing home or residential care facility may | 49993 |
| volunteer to participate in the pilot program by submitting an | 49994 |
| application to the board on a form prescribed and provided by the | 49995 |
| board. From among the applicants, the board shall select eighty | 49996 |
| nursing homes and forty residential care facilities to participate | 49997 |
| in the pilot program. | 49998 |
| (2) To be eligible to participate, a nursing home or | 49999 |
| residential care facility shall agree to observe the standards | 50000 |
| established by the board for the use of medication aides. A | 50001 |
| nursing home is eligible to participate only if the department of | 50002 |
| health has found in the two most recent surveys or inspections of | 50003 |
| the home that the home is free from deficiencies related to the | 50004 |
| administration of medication. A residential care facility is | 50005 |
| eligible to participate only if the department has found that the | 50006 |
| facility is free from deficiencies related to the provision of | 50007 |
| skilled nursing care or the administration of medication. | 50008 |
| (D) As a condition of participation in the pilot program, a | 50009 |
| nursing home and residential care facility selected by the board | 50010 |
| shall pay the participation fee established in rules adopted under | 50011 |
| section 4723.69 of the Revised Code. The participation fee is not | 50012 |
| reimbursable under the medicaid program established under Chapter | 50013 |
| 5111. of the Revised Code. | 50014 |
| (E) On receipt of evidence found credible by the board that | 50015 |
| continued participation by a nursing home or residential care | 50016 |
| facility poses an imminent danger, risk of serious harm, or | 50017 |
| jeopardy to a resident of the home or facility, the board may | 50018 |
| terminate the authority of the home or facility to participate in | 50019 |
| the pilot program. | 50020 |
| (F)(1) With the assistance of the medication aide advisory | 50021 |
| council, the board shall conduct an evaluation of the pilot | 50022 |
| program. In conducting the evaluation, the board shall do all of | 50023 |
| the following: | 50024 |
| (a) Assess whether medication aides are able to administer | 50025 |
| prescription medications safely to nursing home and residential | 50026 |
| care facility residents; | 50027 |
| (b) Determine the financial implications of using medication | 50028 |
| aides in nursing homes and residential care facilities; | 50029 |
| (c) Consider any other issue the board or council considers | 50030 |
| relevant to the evaluation. | 50031 |
| (2) Not later than March 1, 2007, the board shall prepare a | 50032 |
| report of its findings and recommendations derived from the | 50033 |
| evaluation of the pilot program. The board shall submit the report | 50034 |
| to the governor, president and minority leader of the senate, | 50035 |
| speaker and minority leader of the house of representatives, and | 50036 |
| director of health. | 50037 |
| Sec. 4723.64. On and after July 1, 2007, any nursing home or | 50038 |
| residential care facility may use one or more medication aides to | 50039 |
| administer prescription medications to its residents, subject to | 50040 |
| both of the following conditions: | 50041 |
| (A) Each individual used as a medication aide must hold a | 50042 |
| current, valid certificate issued by the board of nursing under | 50043 |
| section 4723.65 of the Revised Code. | 50044 |
| (B) The nursing home or residential care facility shall | 50045 |
| ensure that the requirements of section 4723.67 of the Revised | 50046 |
| Code are met. | 50047 |
| Sec. 4723.65. (A) An individual seeking certification as a | 50048 |
| medication aide shall apply to the board of nursing on a form | 50049 |
| prescribed and provided by the board. If the application is | 50050 |
| submitted on or after July 1, 2007, the application shall be | 50051 |
| accompanied by the certification fee established in rules adopted | 50052 |
| under section 4723.69 of the Revised Code. | 50053 |
| (B) The board shall issue a medication aide certificate to an | 50054 |
| applicant if the applicant satisfies all of the following | 50055 |
| requirements: | 50056 |
| (1) Is at least eighteen years of age; | 50057 |
| (2) Has a high school diploma or a high school equivalence | 50058 |
| diploma as defined in section 5107.40 of the Revised Code; | 50059 |
| (3) If the applicant is to practice as a medication aide in a | 50060 |
| nursing home, is a nurse aide who satisfies the requirements of | 50061 |
| division (A)(1), (2), (3), (4), (5), (6), or (8) of section | 50062 |
| 3721.32 of the Revised Code; | 50063 |
| (4) If the applicant is to practice as a medication aide in a | 50064 |
| residential care facility, is a nurse aide who satisfies the | 50065 |
| requirements of division (A)(1), (2), (3), (4), (5), (6), or (8) | 50066 |
| of section 3721.32 of the Revised Code or an individual who has at | 50067 |
| least one year of direct care experience in a residential care | 50068 |
| facility; | 50069 |
| (5) Successfully completes the course of instruction provided | 50070 |
| by a training program approved by the board under section 4723.66 | 50071 |
| of the Revised Code; | 50072 |
| (6) Satisfies all other requirements for a medication aide | 50073 |
| certificate established in rules adopted under section 4723.69 of | 50074 |
| the Revised Code. | 50075 |
| (C) If a medication aide certificate is issued to an | 50076 |
| individual on the basis of having at least one year of direct care | 50077 |
| experience working in a residential care facility, as provided in | 50078 |
| division (B)(4) of this section, the certificate is valid for use | 50079 |
| only in a residential care facility. The board shall state the | 50080 |
| limitation on the certificate issued to the individual. | 50081 |
| (D) A medication aide certificate is valid for two years, | 50082 |
| unless earlier suspended or revoked. The certificate may be | 50083 |
| renewed in accordance with procedures specified by the board in | 50084 |
| rules adopted under section 4723.69 of the Revised Code. To be | 50085 |
| eligible for renewal, an applicant shall pay the renewal fee | 50086 |
| established in the rules and meet all renewal qualifications | 50087 |
| specified in the rules. | 50088 |
| (E) The board may deny, suspend, or revoke a medication aide | 50089 |
| certificate for reasons specified in rules adopted under section | 50090 |
| 4723.69 of the Revised Code. All actions taken by the board to | 50091 |
| deny, suspend, or revoke a certificate shall be taken in | 50092 |
| accordance with Chapter 119. of the Revised Code. | 50093 |
| Sec. 4723.66. (A) A person or government entity seeking | 50094 |
| approval to provide a medication aide training program shall apply | 50095 |
| to the board of nursing on a form prescribed and provided by the | 50096 |
| board. If the application is submitted on or after July 1, 2007, | 50097 |
| the application shall be accompanied by the fee established in | 50098 |
| rules adopted under section 4723.69 of the Revised Code. | 50099 |
| (B) The board shall approve the applicant to provide a | 50100 |
| medication aide training program if the content of the course of | 50101 |
| instruction to be provided by the program meets the standards | 50102 |
| specified by the board in rules adopted under section 4723.69 of | 50103 |
| the Revised Code and includes all of the following: | 50104 |
| (1) At least seventy clock-hours of instruction, including | 50105 |
| both classroom instruction on medication administration and at | 50106 |
| least twenty clock-hours of supervised clinical practice in | 50107 |
| medication administration; | 50108 |
| (2) A mechanism for evaluating whether an individual's | 50109 |
| reading, writing, and mathematical skills are sufficient for the | 50110 |
| individual to be able to administer prescription medications | 50111 |
| safely; | 50112 |
| (3) An examination that tests the ability to administer | 50113 |
| prescription medications safely and that meets the requirements | 50114 |
| established by the board in rules adopted under section 4723.69 of | 50115 |
| the Revised Code. | 50116 |
| (C) The board may deny, suspend, or revoke the approval | 50117 |
| granted to the provider of a medication aide training program for | 50118 |
| reasons specified in rules adopted under section 4723.69 of the | 50119 |
| Revised Code. All actions taken by the board to deny, suspend, or | 50120 |
| revoke the approval of a training program shall be taken in | 50121 |
| accordance with Chapter 119. of the Revised Code. | 50122 |
| Sec. 4723.67. (A) Except for the prescription medications | 50123 |
| specified in division (C) of this section and the methods of | 50124 |
| medication administration specified in division (D) of this | 50125 |
| section, a medication aide who holds a certificate issued under | 50126 |
| section 4723.65 of the Revised Code may administer prescription | 50127 |
| medications to the residents of nursing homes and residential care | 50128 |
| facilities that use medication aides pursuant to section 4723.63 | 50129 |
| or 4723.64 of the Revised Code. A medication aide shall administer | 50130 |
| prescription medications only pursuant to the delegation of a | 50131 |
| registered nurse or a licensed practical nurse acting at the | 50132 |
| direction of a registered nurse. | 50133 |
| Delegation of medication administration to a medication aide | 50134 |
| shall be carried out in accordance with the rules for nursing | 50135 |
| delegation adopted under this chapter by the board of nursing. A | 50136 |
| nurse who has delegated to a medication aide responsibility for | 50137 |
| the administration of prescription medications to the residents of | 50138 |
| a nursing home or residential care facility shall not withdraw the | 50139 |
| delegation on an arbitrary basis or for any purpose other than | 50140 |
| patient safety. | 50141 |
| (B) In exercising the authority to administer prescription | 50142 |
| medications pursuant to nursing delegation, a medication aide may | 50143 |
| administer prescription medications in any of the following | 50144 |
| categories: | 50145 |
| (1) Oral medications; | 50146 |
| (2) Topical medications; | 50147 |
| (3) Medications administered as drops to the eye, ear, or | 50148 |
| nose; | 50149 |
| (4) Rectal and vaginal medications; | 50150 |
| (5) Medications prescribed with a designation authorizing or | 50151 |
| requiring administration on an as-needed basis, but only if a | 50152 |
| nursing assessment of the patient is completed before the | 50153 |
| medication is administered. | 50154 |
| (C) A medication aide shall not administer prescription | 50155 |
| medications in either of the following categories: | 50156 |
| (1) Medications containing a schedule II controlled | 50157 |
| substance, as defined in section 3719.01 of the Revised Code; | 50158 |
| (2) Medications requiring dosage calculations. | 50159 |
| (D) A medication aide shall not administer prescription | 50160 |
| medications by any of the following methods: | 50161 |
| (1) Injection; | 50162 |
| (2) Intravenous therapy procedures; | 50163 |
| (3) Splitting pills for purposes of changing the dose being | 50164 |
| given. | 50165 |
| (E) A nursing home or residential care facility that uses | 50166 |
| medication aides shall ensure that medication aides do not have | 50167 |
| access to any schedule II controlled substances within the home or | 50168 |
| facility for use by its residents. | 50169 |
| Sec. 4723.68. (A) A registered nurse, or licensed practical | 50170 |
| nurse acting at the direction of a registered nurse, who delegates | 50171 |
| medication administration to a medication aide certified under | 50172 |
| section 4723.65 of the Revised Code is not liable in damages to | 50173 |
| any person or government entity in a civil action for injury, | 50174 |
| death, or loss to person or property that allegedly arises from an | 50175 |
| action or omission of the medication aide in performing the | 50176 |
| medication administration, if the delegating nurse delegates the | 50177 |
| medication administration in accordance with this chapter and the | 50178 |
| rules adopted under this chapter. | 50179 |
| (B) A person employed by a nursing home or residential care | 50180 |
| facility that uses medication aides certified under section | 50181 |
| 4723.65 of the Revised Code who reports in good faith a medication | 50182 |
| error at the nursing home or residential care facility is not | 50183 |
| subject to disciplinary action by the board of nursing or any | 50184 |
| other government entity regulating that person's professional | 50185 |
| practice and is not liable in damages to any person or government | 50186 |
| entity in a civil action for injury, death, or loss to person or | 50187 |
| property that allegedly results from reporting the medication | 50188 |
| error. | 50189 |
| Sec. 4723.69. (A) In consultation with the medication aide | 50190 |
| advisory council created under section 4723.62 of the Revised | 50191 |
| Code, the board of nursing shall adopt rules to implement sections | 50192 |
| 4723.61 to 4723.68 of the Revised Code. Initial rules shall be | 50193 |
| adopted not later than February 1, 2006. All rules adopted under | 50194 |
| this section shall be adopted in accordance with Chapter 119. of | 50195 |
| the Revised Code. | 50196 |
| (B) The rules adopted under this section shall establish or | 50197 |
| specify all of the following: | 50198 |
| (1) Fees, in an amount sufficient to cover the costs the | 50199 |
| board incurs in implementing sections 4723.61 to 4723.68 of the | 50200 |
| Revised Code, for participation in the medication aide pilot | 50201 |
| program, certification as a medication aide, and approval of a | 50202 |
| medication aide training program; | 50203 |
| (2) Requirements to obtain a medication aide certificate that | 50204 |
| are not otherwise specified in section 4723.65 of the Revised | 50205 |
| Code; | 50206 |
| (3) Procedures for renewal of medication aide certificates; | 50207 |
| (4) Standards for medication aide training programs, | 50208 |
| including the examination to be administered by the training | 50209 |
| program to test an individual's ability to administer prescription | 50210 |
| medications safely; | 50211 |
| (5) Reasons for denying, revoking, or suspending a medication | 50212 |
| aide certificate or approval of a medication aide training | 50213 |
| program; | 50214 |
| (6) Other standards and procedures the board considers | 50215 |
| necessary to implement sections 4723.61 to 4723.68 of the Revised | 50216 |
| Code. | 50217 |
| | 50218 |
| section 3123.43 of the Revised Code, the board of nursing shall | 50219 |
| comply with sections 3123.41 to 3123.50 of the Revised Code and | 50220 |
| any applicable rules adopted under section 3123.63 of the Revised | 50221 |
| Code with respect to a nursing license, medication aide | 50222 |
| certificate, dialysis technician certificate, or community health | 50223 |
| worker certificate issued pursuant to this chapter. | 50224 |
| Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the | 50225 |
| Revised Code: | 50226 |
| (A)(1) "Clinical laboratory services" means either of the | 50227 |
| following: | 50228 |
| (a) Any examination of materials derived from the human body | 50229 |
| for the purpose of providing information for the diagnosis, | 50230 |
| prevention, or treatment of any disease or impairment or for the | 50231 |
| assessment of health; | 50232 |
| (b) Procedures to determine, measure, or otherwise describe | 50233 |
| the presence or absence of various substances or organisms in the | 50234 |
| body. | 50235 |
| (2) "Clinical laboratory services" does not include the mere | 50236 |
| collection or preparation of specimens. | 50237 |
| (B) "Designated health services" means any of the following: | 50238 |
| (1) Clinical laboratory services; | 50239 |
| (2) Home health care services; | 50240 |
| (3) Outpatient prescription drugs. | 50241 |
| (C) "Fair market value" means the value in arms-length | 50242 |
| transactions, consistent with general market value and: | 50243 |
| (1) With respect to rentals or leases, the value of rental | 50244 |
| property for general commercial purposes, not taking into account | 50245 |
| its intended use; | 50246 |
| (2) With respect to a lease of space, not adjusted to reflect | 50247 |
| the additional value the prospective lessee or lessor would | 50248 |
| attribute to the proximity or convenience to the lessor if the | 50249 |
| lessor is a potential source of referrals to the lessee. | 50250 |
| (D) "Governmental health care program" means any program | 50251 |
| providing health care benefits that is administered by the federal | 50252 |
| government, this state, or a political subdivision of this state, | 50253 |
| including the medicare program established under Title XVIII of | 50254 |
| the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, | 50255 |
| as amended, health care coverage for public employees, health care | 50256 |
| benefits administered by the bureau of workers' compensation, or | 50257 |
| the medical assistance program established under Chapter 5111. of | 50258 |
| the Revised Code | 50259 |
| 50260 |
| (E)(1) "Group practice" means a group of two or more holders | 50261 |
| of certificates under this chapter legally organized as a | 50262 |
| partnership, professional corporation or association, limited | 50263 |
| liability company, foundation, nonprofit corporation, faculty | 50264 |
| practice plan, or similar group practice entity, including an | 50265 |
| organization comprised of a nonprofit medical clinic that | 50266 |
| contracts with a professional corporation or association of | 50267 |
| physicians to provide medical services exclusively to patients of | 50268 |
| the clinic in order to comply with section 1701.03 of the Revised | 50269 |
| Code and including a corporation, limited liability company, | 50270 |
| partnership, or professional association described in division (B) | 50271 |
| of section 4731.226 of the Revised Code formed for the purpose of | 50272 |
| providing a combination of the professional services of | 50273 |
| optometrists who are licensed, certificated, or otherwise legally | 50274 |
| authorized to practice optometry under Chapter 4725. of the | 50275 |
| Revised Code, chiropractors who are licensed, certificated, or | 50276 |
| otherwise legally authorized to practice chiropractic under | 50277 |
| Chapter 4734. of the Revised Code, psychologists who are licensed, | 50278 |
| certificated, or otherwise legally authorized to practice | 50279 |
| psychology under Chapter 4732. of the Revised Code, registered or | 50280 |
| licensed practical nurses who are licensed, certificated, or | 50281 |
| otherwise legally authorized to practice nursing under Chapter | 50282 |
| 4723. of the Revised Code, pharmacists who are licensed, | 50283 |
| certificated, or otherwise legally authorized to practice pharmacy | 50284 |
| under Chapter 4729. of the Revised Code, physical therapists who | 50285 |
| are licensed, certificated, or otherwise legally authorized to | 50286 |
| practice physical therapy under sections 4755.40 to 4755.53 of the | 50287 |
| Revised Code, mechanotherapists who are licensed, certificated, or | 50288 |
| otherwise legally authorized to practice mechanotherapy under | 50289 |
| section 4731.151 of the Revised Code, and doctors of medicine and | 50290 |
| surgery, osteopathic medicine and surgery, or podiatric medicine | 50291 |
| and surgery who are licensed, certificated, or otherwise legally | 50292 |
| authorized for their respective practices under this chapter, to | 50293 |
| which all of the following apply: | 50294 |
| (a) Each physician who is a member of the group practice | 50295 |
| provides substantially the full range of services that the | 50296 |
| physician routinely provides, including medical care, | 50297 |
| consultation, diagnosis, or treatment, through the joint use of | 50298 |
| shared office space, facilities, equipment, and personnel. | 50299 |
| (b) Substantially all of the services of the members of the | 50300 |
| group are provided through the group and are billed in the name of | 50301 |
| the group and amounts so received are treated as receipts of the | 50302 |
| group. | 50303 |
| (c) The overhead expenses of and the income from the practice | 50304 |
| are distributed in accordance with methods previously determined | 50305 |
| by members of the group. | 50306 |
| (d) The group practice meets any other requirements that the | 50307 |
| state medical board applies in rules adopted under section 4731.70 | 50308 |
| of the Revised Code. | 50309 |
| (2) In the case of a faculty practice plan associated with a | 50310 |
| hospital with a medical residency training program in which | 50311 |
| physician members may provide a variety of specialty services and | 50312 |
| provide professional services both within and outside the group, | 50313 |
| as well as perform other tasks such as research, the criteria in | 50314 |
| division (E)(1) of this section apply only with respect to | 50315 |
| services rendered within the faculty practice plan. | 50316 |
| (F) "Home health care services" and "immediate family" have | 50317 |
| the same meanings as in the rules adopted under section 4731.70 of | 50318 |
| the Revised Code. | 50319 |
| (G) "Hospital" has the same meaning as in section 3727.01 of | 50320 |
| the Revised Code. | 50321 |
| (H) A "referral" includes both of the following: | 50322 |
| (1) A request by a holder of a certificate under this chapter | 50323 |
| for an item or service, including a request for a consultation | 50324 |
| with another physician and any test or procedure ordered by or to | 50325 |
| be performed by or under the supervision of the other physician; | 50326 |
| (2) A request for or establishment of a plan of care by a | 50327 |
| certificate holder that includes the provision of designated | 50328 |
| health services. | 50329 |
| (I) "Third-party payer" has the same meaning as in section | 50330 |
| 3901.38 of the Revised Code. | 50331 |
| Sec. 4731.71. The auditor of state may implement procedures | 50332 |
| to detect violations of section 4731.66 or 4731.69 of the Revised | 50333 |
| Code within governmental health care programs administered by the | 50334 |
| state. The auditor of state shall report any violation of either | 50335 |
| section to the state medical board and shall certify to the | 50336 |
| attorney general in accordance with section 131.02 of the Revised | 50337 |
| Code the amount of any refund owed to a state-administered | 50338 |
| governmental health care program under section 4731.69 of the | 50339 |
| Revised Code as a result of a violation. If a refund is owed to | 50340 |
| the medical assistance program established under Chapter 5111. of | 50341 |
|
the Revised Code | 50342 |
| 50343 | |
| of state also shall report the amount to the department of | 50344 |
| commerce. | 50345 |
| The state medical board also may implement procedures to | 50346 |
| detect violations of section 4731.66 or 4731.69 of the Revised | 50347 |
| Code. | 50348 |
| Sec. 4736.11. The state board of sanitarian registration | 50349 |
| shall issue a certificate of registration to any applicant whom it | 50350 |
| registers as a sanitarian or a sanitarian-in-training. Such | 50351 |
| certificate shall bear: | 50352 |
| (A) The name of the person; | 50353 |
| (B) The date of issue; | 50354 |
| (C) A serial number, designated by the board; | 50355 |
| (D) The seal of the board and signature of the | 50356 |
| chairperson of the board; | 50357 |
| (E) The designation "registered sanitarian" or | 50358 |
| "sanitarian-in-training." | 50359 |
| Certificates of registration shall expire annually on the | 50360 |
| date fixed by the board and become invalid on that date unless | 50361 |
| renewed pursuant to this section. All registered sanitarians shall | 50362 |
| be required annually to complete a continuing education program in | 50363 |
| subjects relating to practices of the profession as a sanitarian | 50364 |
| to the end that the utilization and application of new techniques, | 50365 |
| scientific advancements, and research findings will assure | 50366 |
| comprehensive service to the public. The board shall prescribe by | 50367 |
| rule a continuing education program for registered sanitarians to | 50368 |
| meet this requirement. The length of study for this program shall | 50369 |
| be determined by the board but shall be not less than six nor more | 50370 |
| than twenty-five hours during the calendar year. At least once | 50371 |
| annually the board shall | 50372 |
| sanitarian a list of courses approved by the board as satisfying | 50373 |
| the program prescribed by rule. Upon the request of a registered | 50374 |
| sanitarian, the secretary shall supply a list of | 50375 |
| applicable courses that the board has approved | 50376 |
| 50377 | |
| year at any time prior to the date of expiration upon payment of | 50378 |
| the renewal fee prescribed by section 4736.12 of the Revised Code | 50379 |
| and upon showing proof of having complied with the continuing | 50380 |
| education requirements of this section. The state board of | 50381 |
| sanitarian registration may waive the continuing education | 50382 |
| requirement in cases of certified illness or disability which | 50383 |
| prevents the attendance at any qualified educational seminars | 50384 |
| during the twelve months immediately preceding the annual | 50385 |
| certificate of registration renewal date. Certificates which | 50386 |
| expire may be reinstated under rules adopted by the board. | 50387 |
| Sec. 4736.12. (A) The state board of sanitarian registration | 50388 |
| shall charge the following fees: | 50389 |
| (1) To apply as a sanitarian-in-training,
| 50390 |
| dollars; | 50391 |
| (2) For sanitarians-in-training to apply for registration as | 50392 |
|
sanitarians,
| 50393 |
| this fee only once regardless of the number of times the applicant | 50394 |
| takes an examination required under section 4736.08 of the Revised | 50395 |
| Code. | 50396 |
| (3) For persons other than sanitarians-in-training to apply | 50397 |
| for registration as sanitarians, including persons meeting the | 50398 |
| requirements of section 4736.16 of the Revised Code, one hundred | 50399 |
| 50400 | |
| regardless of the number of times the applicant takes an | 50401 |
| examination required under section 4736.08 of the Revised Code. | 50402 |
| (4) The renewal fee for registered sanitarians shall be | 50403 |
| 50404 |
| (5) The renewal fee for sanitarians-in-training shall be | 50405 |
| 50406 |
| (6) For late application for renewal, | 50407 |
| twenty-seven dollars. | 50408 |
| The board of sanitarian registration, with the approval of | 50409 |
| the controlling board, may establish fees in excess of the amounts | 50410 |
| provided in this section, provided that such fees do not exceed | 50411 |
| the amounts permitted by this section by more than fifty per cent. | 50412 |
| (B) The board of sanitarian registration shall charge | 50413 |
| separate fees for examinations as required by section 4736.08 of | 50414 |
| the Revised Code, provided that the fees are not in excess of the | 50415 |
| actual cost to the board of conducting the examinations. | 50416 |
| (C) The board of sanitarian registration may adopt rules | 50417 |
| establishing fees for all of the following: | 50418 |
| (1) Application for the registration of a training agency | 50419 |
| approved under rules adopted by the board pursuant to section | 50420 |
| 4736.11 of the Revised Code and for the annual registration | 50421 |
| renewal of an approved training agency. | 50422 |
| (2) Application for the review of continuing education hours | 50423 |
| submitted for the board's approval by approved training agencies | 50424 |
| or by registered sanitarians or sanitarians-in-training. | 50425 |
| Sec. 4740.14. (A) There is hereby created within the | 50426 |
| department of commerce the residential construction advisory | 50427 |
|
committee consisting of
| 50428 |
| commerce appoints. Of the advisory committee's members, three | 50429 |
| shall be general contractors who have recognized ability and | 50430 |
| experience in the construction of residential buildings, two shall | 50431 |
| be building officials who have experience administering and | 50432 |
| enforcing a residential building code, one, chosen from a list of | 50433 |
| three names the Ohio fire chief's association submits, shall be | 50434 |
| from the fire service certified as a fire safety inspector who has | 50435 |
| at least ten years of experience enforcing fire or building codes, | 50436 |
| one shall be a residential contractor who has recognized ability | 50437 |
| and experience in the remodeling and construction of residential | 50438 |
| buildings, | 50439 |
| Chapter 4703. of the Revised Code, with recognized ability and | 50440 |
| experience in the architecture of residential buildings, and one, | 50441 |
| chosen from a list of three names the Ohio municipal league | 50442 |
| submits to the director, shall be a mayor of a municipal | 50443 |
| corporation in which the Ohio residential building code is being | 50444 |
| enforced in the municipal corporation by a certified building | 50445 |
| department. | 50446 |
| (B) The director shall make appointments to the advisory | 50447 |
|
committee within ninety days after
| 50448 |
| 50449 | |
| with each term ending on the date three years after the date of | 50450 |
| appointment. Each member shall hold office from the date of | 50451 |
| appointment until the end of the term for which the member was | 50452 |
| appointed. The director shall fill a vacancy in the manner | 50453 |
| provided for initial appointments. Any member appointed to fill a | 50454 |
| vacancy in an unexpired term shall hold office for the remainder | 50455 |
| of that term. | 50456 |
| (C) The advisory committee shall do all of the following: | 50457 |
| (1) Recommend to the board of building standards a building | 50458 |
| code for residential buildings. The committee shall recommend a | 50459 |
| code that it models on a residential building code a national | 50460 |
| model code organization issues, with adaptations necessary to | 50461 |
| implement the code in this state. If the board of building | 50462 |
| standards decides not to adopt a code the committee recommends, | 50463 |
| the committee shall revise the code and resubmit it until the | 50464 |
| board adopts a code the committee recommends as the state | 50465 |
| residential building code; | 50466 |
| (2) Advise the board regarding the establishment of standards | 50467 |
| for certification of building officials who enforce the state | 50468 |
| residential building code; | 50469 |
| (3) Assist the board in providing information and guidance to | 50470 |
| residential contractors and building officials who enforce the | 50471 |
| state residential building code; | 50472 |
| (4) Advise the board regarding the interpretation of the | 50473 |
| state residential building code; | 50474 |
| (5) Provide other assistance the committee considers | 50475 |
| necessary. | 50476 |
| (D) In making its recommendation to the board pursuant to | 50477 |
| division (C)(1) of this section, the advisory committee shall | 50478 |
| consider all of the following: | 50479 |
| (1) The impact that the state residential building code may | 50480 |
| have upon the health, safety, and welfare of the public; | 50481 |
| (2) The economic reasonableness of the residential building | 50482 |
| code; | 50483 |
| (3) The technical feasibility of the residential building | 50484 |
| code; | 50485 |
| (4) The financial impact that the residential building code | 50486 |
| may have on the public's ability to purchase affordable housing. | 50487 |
| (E) Members of the advisory committee shall receive no salary | 50488 |
| for the performance of their duties as members, but shall receive | 50489 |
| their actual and necessary expenses incurred in the performance of | 50490 |
| their duties as members of the advisory committee and shall | 50491 |
| receive a per diem for each day in attendance at an official | 50492 |
| meeting of the committee, to be paid from the industrial | 50493 |
| compliance operating fund in the state treasury, using fees | 50494 |
| collected in connection with residential buildings pursuant to | 50495 |
| division (F)(2) of section 3781.102 of the Revised Code and | 50496 |
| deposited in that fund. | 50497 |
| (F) The advisory committee is not subject to divisions (A) | 50498 |
| and (B) of section 101.84 of the Revised Code. | 50499 |
| Sec. 4753.03. There is hereby created the board of | 50500 |
| speech-language pathology and audiology consisting of eight | 50501 |
| residents of this state to be appointed by the governor with the | 50502 |
| advice and consent of the senate. Three members of the board shall | 50503 |
| be licensed speech-language pathologists, and three members shall | 50504 |
| be licensed audiologists, who have been licensed and engaged in | 50505 |
| the practice, teaching, administration, or research in the area of | 50506 |
| appointment for at least five years prior to the dates of their | 50507 |
| appointment. Beginning with the first appointment of an | 50508 |
| audiologist to the board after | 50509 |
| 50510 | |
| serving on the board must be an audiologist engaged in the | 50511 |
| practice of fitting and dispensing hearing aids. At all times, two | 50512 |
| members shall be representatives of the general public, and | 50513 |
| neither shall be a speech-language pathologist or audiologist or a | 50514 |
| person licensed under this chapter. At least one of the members | 50515 |
| representing the general public shall be at least sixty years of | 50516 |
| age. | 50517 |
| 50518 | |
| 50519 | |
| 50520 | |
| 50521 | |
| 50522 | |
| 50523 | |
| 50524 |
| Terms of office shall be for three years, each term | 50525 |
| commencing on the twenty-seventh day of September and ending on | 50526 |
| the twenty-sixth day of September. Each member shall hold office | 50527 |
|
from the date of | 50528 |
|
which | 50529 |
|
occurring prior to the expiration of the term for which | 50530 |
| member's predecessor was appointed shall hold office for the | 50531 |
| remainder of such term. Any member shall continue in office | 50532 |
| subsequent to the
expiration date of | 50533 |
| 50534 | |
| sixty days has elapsed, whichever occurs first. No person shall be | 50535 |
| appointed to serve consecutively more than two full terms. The | 50536 |
| executive council of the Ohio speech and hearing association may | 50537 |
| recommend, within forty-five days after any vacancy or expiration | 50538 |
| of a member's term occurs, no more than three persons to fill each | 50539 |
| position or vacancy on the board, and
the governor may make | 50540 |
| the appointment from the persons so recommended. If the council | 50541 |
| fails to make recommendations within the required time, the | 50542 |
| governor shall make the appointment without its recommendations. | 50543 |
| The terms of all speech-language pathology members shall not | 50544 |
| end in the same year; the terms of all audiology members shall not | 50545 |
| end in the same year. Upon the first appointment
following | 50546 |
| 50547 | |
| shall appoint speech-language pathology members and audiology | 50548 |
| members to one-, two-, or three-year terms to prevent the terms of | 50549 |
| all speech-language pathology members or all audiology members | 50550 |
| from ending in the same year. Thereafter, all terms shall be for | 50551 |
| three years. | 50552 |
| Sec. 4753.06. No person is eligible for licensure as a | 50553 |
| speech-language pathologist or audiologist unless: | 50554 |
| (A) | 50555 |
|
serve as a background for | 50556 |
| training and preparatory professional experience. Such background | 50557 |
| may include study from among the areas of human psychology, | 50558 |
| sociology, psychological and physical development, the physical | 50559 |
| sciences, especially those that pertain to acoustic and biological | 50560 |
| phenomena, and human anatomy and physiology, including | 50561 |
| neuroanatomy and neurophysiology. | 50562 |
| (B) | 50563 |
| pathologist, the person submits to the board of speech-language | 50564 |
| pathology and audiology an official transcript demonstrating that | 50565 |
| 50566 | |
| 50567 | |
| determined by
the board. | 50568 |
| include course work accumulated in the completion of a | 50569 |
| well-integrated course of study approved by the board and | 50570 |
| delineated by rule dealing with the normal aspects of human | 50571 |
| communication, development and disorders thereof, and clinical | 50572 |
| techniques for the evaluation and the improvement or eradication | 50573 |
| of such disorders. The course work must have been completed at | 50574 |
| colleges or universities accredited by regional or national | 50575 |
| accrediting organizations recognized by the board. | 50576 |
| (C) | 50577 |
| person submits to the board an official transcript demonstrating | 50578 |
| that the person has at least a doctor of audiology degree or the | 50579 |
| equivalent as determined by the board. The person's academic | 50580 |
| credit must include course work accumulated in the completion of a | 50581 |
| well-integrated course of study approved by the board and | 50582 |
| delineated by rules dealing with the normal aspects of human | 50583 |
| hearing, balance, and related development and clinical evaluation, | 50584 |
| audiologic diagnosis, and treatment of disorders of human hearing, | 50585 |
| balance, and related development. The course work must have been | 50586 |
| completed in an audiology program that is accredited by an | 50587 |
| organization recognized by the United States department of | 50588 |
| education and operated by a college or university accredited by a | 50589 |
| regional or national accrediting organization recognized by the | 50590 |
| board. | 50591 |
| (D) The person submits to the board evidence of the | 50592 |
| completion of appropriate, supervised clinical experience in the | 50593 |
| professional area, speech-language pathology or audiology, for | 50594 |
| which licensure is requested, dealing with a variety of | 50595 |
| communication disorders. The appropriateness of the experience | 50596 |
| shall be determined under rules of the board. This experience | 50597 |
| shall have been obtained in an accredited college or university, | 50598 |
| in a cooperating program of an accredited college or university, | 50599 |
| or in another program approved by the board. | 50600 |
| | 50601 |
| person has passed the examination for licensure to practice | 50602 |
| speech-language pathology or audiology pursuant to division (B) of | 50603 |
| section 4753.05 of the Revised Code. | 50604 |
| (F) If the person submits to the board an application for | 50605 |
| licensure as an audiologist before January 1, 2006, and meets the | 50606 |
| requirements of division (B) of this section regarding a master's | 50607 |
| degree in audiology as that division existed on December 31, 2005, | 50608 |
| but not the requirements of division (C) of this section regarding | 50609 |
| a doctor of audiology degree or if the person seeks licensure as a | 50610 |
| speech-language pathologist, the person presents to the board | 50611 |
| written evidence that
| 50612 |
| experience. The professional experience shall be appropriately | 50613 |
| supervised as determined by board rule. The amount of professional | 50614 |
| experience shall be determined by board rule and shall be bona | 50615 |
| fide clinical work that has been accomplished in the major | 50616 |
| professional area, speech-language pathology or audiology, in | 50617 |
| which licensure is being sought. | 50618 |
| licensure as a speech-language pathologist, this experience shall | 50619 |
| not begin until the requirements of divisions
(B) | 50620 |
| and (E) of this section have been completed unless approved by the | 50621 |
| board. If the person seeks licensure as an audiologist, this | 50622 |
| experience shall not begin until the requirements of division (B) | 50623 |
| of this section, as that division existed on December 31, 2005, | 50624 |
| and divisions (D) and (E) of this section have been completed | 50625 |
| unless approved by the board. Before beginning the supervised | 50626 |
| professional
experience pursuant to this section, | 50627 |
| applicant for licensure to practice speech-language pathology or | 50628 |
| audiology shall | 50629 |
| license pursuant to section 4753.071 of the Revised Code. | 50630 |
| | 50631 |
| 50632 | |
| 50633 | |
| 50634 |
| Sec. 4753.071. A person who is required to meet the | 50635 |
| supervised professional experience requirement of division (F) of | 50636 |
| section 4753.06 of the Revised Code shall submit to the board of | 50637 |
| speech-language pathology and audiology an application for a | 50638 |
| conditional license. The application shall include a plan for the | 50639 |
| content of the supervised professional experience on a form the | 50640 |
| board shall prescribe. The board | 50641 |
| 50642 | |
| applicant | 50643 |
| | 50644 |
| 50645 | |
| 4753.06 of
the Revised Code | 50646 |
| | 50647 |
| 50648 | |
| 50649 | |
| obtained the supervised professional experience, and pays to the | 50650 |
| board the appropriate fee for a conditional license. An applicant | 50651 |
| may not begin employment until the conditional license has been | 50652 |
| 50653 |
| A conditional license authorizes an individual to practice | 50654 |
| speech-language pathology or audiology while completing the | 50655 |
|
supervised professional experience as required by division | 50656 |
| of section 4753.06 of the Revised Code. A person holding a | 50657 |
| conditional license may practice speech-language pathology or | 50658 |
| audiology while working under the supervision of a person fully | 50659 |
| licensed in accordance with this chapter. A conditional license is | 50660 |
| valid for eighteen months unless suspended or revoked pursuant to | 50661 |
| section 3123.47 or 4753.10 of the Revised Code. | 50662 |
| A person holding a conditional license may perform services | 50663 |
| for which reimbursement will be sought under the medicare program | 50664 |
|
established under Title XVIII of the "Social Security Act," | 50665 |
| Stat. | 50666 |
| 50667 | |
| 5111. of the Revised
Code | 50668 |
| 50669 | |
| made by the person who supervises the person performing the | 50670 |
| services. | 50671 |
| Sec. 4753.08. The board of speech-language pathology and | 50672 |
| audiology shall waive the examination, educational, and | 50673 |
| professional experience requirements for any applicant who meets | 50674 |
| any of the following requirements: | 50675 |
| (A) On September 26, 1975, has at least a bachelor's degree | 50676 |
| with a major in speech-language pathology or audiology from an | 50677 |
| accredited college or university, or who has been employed as a | 50678 |
| speech-language pathologist or audiologist for at least nine | 50679 |
| months at any time within the three years prior to September 26, | 50680 |
| 1975, if an application providing bona fide proof of such degree | 50681 |
| or employment is filed with the board within one year after | 50682 |
| September 26, 1975, and is accompanied by the application fee as | 50683 |
| prescribed in division (A) of section 4753.11 of the Revised Code; | 50684 |
| (B) Presents proof of current certification or licensure in | 50685 |
| good standing in the area in which licensure is sought in a state | 50686 |
| 50687 | |
| licensure that are in effect in this state at the time the | 50688 |
| applicant applies for the license; | 50689 |
| (C) Presents proof of both of the following: | 50690 |
| (1) Having current certification or licensure in good | 50691 |
| standing in audiology in a state that has standards at least equal | 50692 |
| to the standards for licensure as an audiologist that were in | 50693 |
| effect in this state on December 31, 2005; | 50694 |
| (2) Having first obtained that certification or licensure not | 50695 |
| later than December 31, 2007. | 50696 |
| (D) Presents proof of a current certificate of clinical | 50697 |
| competence in speech-language pathology or audiology that is in | 50698 |
| good standing and received from the American | 50699 |
| speech-language-hearing association in the area in which licensure | 50700 |
| is sought. | 50701 |
| Sec. 4753.09. Except as provided in this section and in | 50702 |
| section 4753.10 of the Revised Code, a license issued by the board | 50703 |
| of speech-language pathology and audiology shall be renewed | 50704 |
| biennially in accordance with the standard renewal procedure | 50705 |
| contained in Chapter 4745. of the Revised Code. If the application | 50706 |
| for renewal is made | 50707 |
| application is due, the person shall apply for licensure as | 50708 |
| provided in section 4753.06 or division
(B) | 50709 |
| section 4753.08 of the Revised Code. The board shall not renew a | 50710 |
| conditional license; however, the board may grant an applicant a | 50711 |
| second conditional license. | 50712 |
| The board shall establish by rule adopted pursuant to Chapter | 50713 |
| 119. of the Revised Code the qualifications for license renewal. | 50714 |
| Applicants shall demonstrate continued competence, which may | 50715 |
| include continuing education, examination, self-evaluation, peer | 50716 |
| review, performance appraisal, or practical simulation. The board | 50717 |
| may establish other requirements as a condition for license | 50718 |
| renewal as considered appropriate by the board. | 50719 |
| The board may renew a license which expires while the license | 50720 |
| is suspended, but the renewal shall not affect the suspension. The | 50721 |
| board shall not renew a license which has been revoked. If a | 50722 |
| revoked license is reinstated under section 4753.10 of the Revised | 50723 |
| Code after it has expired, the licensee, as a condition of | 50724 |
| reinstatement, shall pay a reinstatement fee in the amount equal | 50725 |
| to the renewal fee in effect on the last preceding regular renewal | 50726 |
| date on which it is reinstated, plus any delinquent fees accrued | 50727 |
| from the time of the revocation, if such a fee is prescribed by | 50728 |
| the board by rule. | 50729 |
| 50730 | |
| 50731 | |
| 50732 |
| | 50733 |
| 50734 | |
| 50735 | |
| 50736 | |
| 50737 | |
| 50738 | |
| 50739 | |
| 50740 | |
| 50741 | |
| 50742 | |
| 50743 | |
| 50744 |
| | 50745 |
| 50746 | |
| 50747 | |
| 50748 | |
| 50749 | |
| 50750 | |
| 50751 | |
| 50752 |
| Sec. 4755.03. There is hereby created the Ohio occupational | 50753 |
| therapy, physical therapy, and athletic trainers board consisting | 50754 |
| of sixteen residents of this state, who shall be appointed by the | 50755 |
| governor with the advice and consent of the senate. The board | 50756 |
| shall be composed of a physical therapy section, an occupational | 50757 |
| therapy section, and an athletic trainers section. | 50758 |
| Five members of the board shall be physical therapists who | 50759 |
| are licensed to practice physical therapy and who have been | 50760 |
| engaged in or actively associated with the practice of physical | 50761 |
| therapy in this state for at least five years immediately | 50762 |
| preceding appointment. Such members of the board shall sit on the | 50763 |
| physical therapy section. The physical therapy section also shall | 50764 |
| consist of four additional members, appointed by the governor with | 50765 |
| the advice and consent of the senate, who satisfy the same | 50766 |
| qualifications as the members of the board sitting on the physical | 50767 |
| therapy section, but who are not members of the board. Such | 50768 |
| additional members of the physical therapy section are vested with | 50769 |
| only such powers and shall perform only such duties as relate to | 50770 |
| the affairs of that section, shall serve for the same terms as do | 50771 |
| members of the board sitting on the physical therapy section, and | 50772 |
| shall subscribe to and file with the secretary of state the | 50773 |
| constitutional oath of office. | 50774 |
| | 50775 |
| therapists
| 50776 |
| therapy assistant, all of whom have been engaged in or actively | 50777 |
| associated with the practice of occupational therapy or practice | 50778 |
| as an occupational therapy assistant in this state for at least | 50779 |
| five years immediately preceding appointment. Such members of the | 50780 |
| board shall sit on the occupational therapy section. | 50781 |
| Four members of the board shall be athletic trainers who have | 50782 |
| been engaged in the practice of athletic training in Ohio for at | 50783 |
| least five years immediately preceding appointment. One member of | 50784 |
| the board shall be a physician licensed to practice medicine and | 50785 |
| surgery in this state. Such members of the board shall sit on the | 50786 |
| athletic trainers section. | 50787 |
| One member of the board shall represent the public and shall | 50788 |
| be at least sixty years of age. This member shall sit on the | 50789 |
| board. | 50790 |
| Terms of office are for three years, each term commencing on | 50791 |
| the twenty-eighth day of August and ending on the twenty-seventh | 50792 |
| day of August. Each member shall serve subsequent to the | 50793 |
| expiration of | 50794 |
| successor is appointed and qualifies, or until a period of sixty | 50795 |
| days has elapsed, whichever occurs first. Each member, before | 50796 |
| entering upon | 50797 |
| to and file with the secretary of state the constitutional oath of | 50798 |
| office. All vacancies shall be filled in the manner prescribed for | 50799 |
| the regular appointments to the board and are limited to the | 50800 |
| unexpired terms. | 50801 |
| Annually, upon the qualification of the member or members | 50802 |
| appointed in that year, the board shall organize by selecting from | 50803 |
| its members a president and secretary. Each section of the board | 50804 |
| shall organize by selecting from its members a | 50805 |
| chairperson and secretary. | 50806 |
| The majority of the members of the board constitutes a quorum | 50807 |
| to transact and vote on the business of the board. A majority of | 50808 |
| the members of each section constitutes a quorum to transact and | 50809 |
| vote on the affairs of that section. | 50810 |
| Each member of the board and each additional member of the | 50811 |
| physical therapy section shall receive an amount fixed pursuant to | 50812 |
| division (J) of section 124.15 of the Revised Code for each day | 50813 |
| employed in
the discharge of | 50814 |
| each member of the board and each additional member of the | 50815 |
| physical therapy section shall receive
| 50816 |
| necessary expenses incurred in
the performance of | 50817 |
| duties. | 50818 |
| The board of trustees of the Ohio occupational therapy | 50819 |
| association, inc., may recommend, after any term expires or | 50820 |
| vacancy occurs in an occupational therapy position, at least three | 50821 |
| persons to fill each such position or vacancy on the board, and | 50822 |
| the governor may make | 50823 |
| recommended. The executive board of the Ohio chapter, inc., of the | 50824 |
| American physical therapy association may recommend, after any | 50825 |
| term expires or vacancy occurs in a physical therapy position, at | 50826 |
| least three persons to fill each such vacancy on the board, and | 50827 |
| the governor may make | 50828 |
| recommended. The Ohio athletic trainers association shall | 50829 |
| recommend to the governor at least three persons for each of the | 50830 |
| initial appointments to an athletic trainer's position. The Ohio | 50831 |
| athletic trainers association shall also recommend to the governor | 50832 |
| at least three persons when any term expires or any vacancy occurs | 50833 |
| in such a position. The governor may select one of the | 50834 |
| association's recommendations in making such an appointment. | 50835 |
| The board shall meet as a whole to determine all | 50836 |
| administrative, personnel, and budgetary matters. The executive | 50837 |
| director of the board appointed by the board shall not be a | 50838 |
| physical therapist, an occupational therapist, or an athletic | 50839 |
| trainer who has been licensed to practice physical therapy, | 50840 |
| occupational therapy, or as an athletic trainer in this state | 50841 |
| within three years immediately preceding appointment. The | 50842 |
| executive director shall serve at the pleasure of the board. | 50843 |
| The occupational therapy section of the board shall have the | 50844 |
| full authority to act on behalf of the board on all matters | 50845 |
| concerning the practice of occupational therapy and, in | 50846 |
| particular, the examination, licensure, and suspension or | 50847 |
| revocation of licensure of applicants, occupational therapists, | 50848 |
| and occupational therapy assistants. The physical therapy section | 50849 |
| of the board shall have the full authority to act on behalf of the | 50850 |
| board on all matters concerning the practice of physical therapy | 50851 |
| and, in particular, the examination, licensure, and suspension or | 50852 |
| revocation of licensure of applicants, physical therapists, and | 50853 |
| physical therapist assistants. The athletic trainers section of | 50854 |
| the board shall have the full authority to act on behalf of the | 50855 |
| board on all matters concerning the practice of athletic training | 50856 |
| and, in particular, the examination, licensure, and suspension or | 50857 |
| revocation of licensure of applicants and athletic trainers. All | 50858 |
| actions taken by any section of the board under this paragraph | 50859 |
| shall be in accordance with Chapter 119. of the Revised Code. | 50860 |
| Sec. 4755.48. (A) No person shall employ fraud or deception | 50861 |
| in applying for or securing a license to practice physical therapy | 50862 |
| or to be a physical therapist assistant. | 50863 |
| (B) No person shall practice or in any way claim to the | 50864 |
| public to be able to practice physical therapy, including practice | 50865 |
| as a physical therapist assistant, unless the person holds a valid | 50866 |
| license under sections 4755.40 to 4755.56 of the Revised Code or | 50867 |
| except as provided in section 4755.56 of the Revised Code. | 50868 |
| (C) No person shall use the words or letters, physical | 50869 |
| therapist, physical therapy, physiotherapist, licensed physical | 50870 |
| therapist, P.T., Ph.T., P.T.T., R.P.T., L.P.T., M.P.T., D.P.T., | 50871 |
| M.S.P.T., P.T.A., physical therapy assistant, physical therapist | 50872 |
| assistant, physical therapy technician, licensed physical | 50873 |
| therapist assistant, L.P.T.A., R.P.T.A., or any other letters, | 50874 |
| words, abbreviations, or insignia, indicating or implying that the | 50875 |
| person is a physical therapist or physical therapist assistant | 50876 |
| without a valid license under sections 4755.40 to 4755.56 of the | 50877 |
| Revised Code. | 50878 |
| (D) No person who practices physical therapy or assists in | 50879 |
| the provision of physical therapy treatments under the supervision | 50880 |
| of a physical therapist shall fail to display the person's current | 50881 |
| license granted under sections 4755.40 to 4755.56 of the Revised | 50882 |
| Code in a conspicuous location in the place where the person | 50883 |
| spends the major part of the person's time so engaged. | 50884 |
| (E) Nothing in sections 4755.40 to 4755.56 of the Revised | 50885 |
| Code shall affect or interfere with the performance of the duties | 50886 |
| of any physical therapist or physical therapist assistant in | 50887 |
| active service in the army, navy, coast guard, marine corps, air | 50888 |
| force, public health service, or marine hospital service of the | 50889 |
| United States, while so serving. | 50890 |
| (F) No person shall practice physical therapy other than on | 50891 |
| the prescription of, or the referral of a patient by, a person who | 50892 |
| is licensed in this or another state to practice medicine and | 50893 |
| surgery, chiropractic, dentistry, osteopathic medicine and | 50894 |
| surgery, podiatric medicine and surgery, or to practice nursing as | 50895 |
| a certified registered nurse anesthetist, clinical nurse | 50896 |
| specialist, certified nurse-midwife, or certified nurse | 50897 |
| practitioner, within the scope of such practices, and whose | 50898 |
| license is in good standing, unless either of the following | 50899 |
| conditions is met: | 50900 |
| (1) The person holds a master's or doctorate degree from a | 50901 |
| professional physical therapy program that is accredited by a | 50902 |
| national accreditation agency recognized by the United States | 50903 |
| department of education and by the Ohio occupational therapy, | 50904 |
| physical therapy, and athletic trainers board. | 50905 |
|
(2) On or before December 31, | 50906 |
| completed at least two years of practical experience as a licensed | 50907 |
| physical therapist. | 50908 |
| (G) In the prosecution of any person for violation of | 50909 |
| division (B) or (C) of this section, it is not necessary to allege | 50910 |
| or prove want of a valid license to practice physical therapy or | 50911 |
| to practice as a physical therapist assistant, but such matters | 50912 |
| shall be a matter of defense to be established by the accused. | 50913 |
| Sec. 4766.09. (A) This chapter does not apply to any of the | 50914 |
| following: | 50915 |
| | 50916 |
| event of a disaster situation when licensees' vehicles based in | 50917 |
| the locality of the disaster situation are incapacitated or | 50918 |
| insufficient in number to render the services needed; | 50919 |
| | 50920 |
| rotorcraft air ambulance, or fixed wing air ambulance outside this | 50921 |
| state unless receiving a person within this state for transport to | 50922 |
| a location within this state; | 50923 |
| | 50924 |
| organization and the vehicles it owns or leases and operates, | 50925 |
| except as provided in section 307.051, division (G) of section | 50926 |
| 307.055, division (F) of section 505.37, division (B) of section | 50927 |
| 505.375, and division (B)(3) of section 505.72 of the Revised | 50928 |
| Code; | 50929 |
| | 50930 |
| fixed wing air ambulance, or nontransport vehicle owned or leased | 50931 |
| and operated by the federal government; | 50932 |
| | 50933 |
| | 50934 |
| operating only on the corporation's premises, for the sole use by | 50935 |
| that corporation; | 50936 |
| | 50937 |
| medical service organization vehicle owned and operated by a | 50938 |
| municipal corporation; | 50939 |
| | 50940 |
| rescue service organization, as defined in section 4503.172 of the | 50941 |
| Revised Code; | 50942 |
| | 50943 |
| | 50944 |
| comprised of volunteers who provide services without expectation | 50945 |
| of remuneration and do not receive payment for services other than | 50946 |
| reimbursement for expenses; | 50947 |
| | 50948 |
| organization when fifty per cent or more of its personnel are | 50949 |
| volunteers, as defined in section 4765.01 of the Revised Code; | 50950 |
| | 50951 |
| by the state board of emergency medical services under Chapter | 50952 |
| 4765. of the Revised Code; | 50953 |
| | 50954 |
| (B) Except for the requirements specified in section 4766.14 | 50955 |
| of the Revised Code, this chapter does not apply to an ambulette | 50956 |
| service provider operating under standards adopted by rule by the | 50957 |
| department of aging, but only during the period of time on any day | 50958 |
| that the provider is solely serving the department or the | 50959 |
| department's designee. This chapter applies to an ambulette | 50960 |
| service provider at any time that the ambulette service provider | 50961 |
| is not solely serving the department or the department's designee. | 50962 |
| Sec. 4766.14. (A) An ambulette service provider described in | 50963 |
| division (B) of section 4766.09 of the Revised Code shall do all | 50964 |
| of the following: | 50965 |
| (1) Make available to all its ambulette drivers while | 50966 |
| operating ambulette vehicles a means of two-way communication | 50967 |
| using either ambulette vehicle radios or cellular telephones; | 50968 |
| (2) Equip every ambulette vehicle with one isolation and | 50969 |
| biohazard disposal kit that is permanently installed or secured in | 50970 |
| the vehicle's cabin; | 50971 |
| (3) Before hiring an applicant for employment as an ambulette | 50972 |
| driver, obtain all of the following: | 50973 |
| (a) A valid copy of a signed statement from a licensed | 50974 |
| physician acting within the scope of the physician's practice | 50975 |
| declaring that the applicant does not have a medical condition or | 50976 |
| physical condition, including vision impairment that cannot be | 50977 |
| corrected, that could interfere with safe driving, passenger | 50978 |
| assistance, and emergency treatment activity or could jeopardize | 50979 |
| the health and welfare of a client or the general public; | 50980 |
| (b) All of the certificates and results required under | 50981 |
| divisions (A)(2), (3), and (4) of section 4766.15 of the Revised | 50982 |
| Code. | 50983 |
| (B) No ambulette service provider described in division (B) | 50984 |
| of section 4766.09 of the Revised Code shall employ an applicant | 50985 |
| as an ambulette driver if the applicant has six or more points on | 50986 |
| the applicant's driving record pursuant to section 4510.036 of the | 50987 |
| Revised Code. | 50988 |
| (C) The department of aging shall administer and enforce this | 50989 |
| section. | 50990 |
| Sec. 4905.10. (A) For the sole purpose of maintaining and | 50991 |
| administering the public utilities commission and exercising its | 50992 |
| supervision and jurisdiction over the railroads and public | 50993 |
| utilities of this state, an amount equivalent to the appropriation | 50994 |
| from the public utilities fund created under division (B) of this | 50995 |
| section to the public utilities commission for railroad and public | 50996 |
| utilities regulation in each fiscal year shall be apportioned | 50997 |
| among and assessed against each railroad and public utility within | 50998 |
| this state by the commission by first computing an assessment as | 50999 |
| though it were to be made in proportion to the intrastate gross | 51000 |
| earnings or receipts, excluding earnings or receipts from sales to | 51001 |
| other public utilities for resale, of the railroad or public | 51002 |
| utility for the calendar year next preceding that in which the | 51003 |
| assessment is made. The commission may include in that first | 51004 |
| computation any amount of a railroad's or public utility's | 51005 |
| intrastate gross earnings or receipts that were underreported in a | 51006 |
| prior year. In addition to whatever penalties apply under the | 51007 |
| Revised Code to such underreporting, the commission shall assess | 51008 |
| the railroad or public utility interest at the rate stated in | 51009 |
| division (A) of section 1343.01 of the Revised Code. The | 51010 |
| commission shall deposit any interest so collected into the public | 51011 |
| utilities fund. The commission may exclude from that first | 51012 |
| computation any such amounts that were overreported in a prior | 51013 |
| year. | 51014 |
| The final computation of the assessment shall consist of | 51015 |
| imposing upon each railroad and public utility whose assessment | 51016 |
|
under the first computation would have been
| 51017 |
| dollars or less
an assessment of | 51018 |
| recomputing the assessments of the remaining railroads and public | 51019 |
| utilities by apportioning an amount equal to the appropriation to | 51020 |
| the public utilities commission for administration of the | 51021 |
| utilities division in each fiscal year less the total amount to be | 51022 |
| recovered from those paying the minimum assessment, in proportion | 51023 |
| to the intrastate gross earnings or receipts of the remaining | 51024 |
| railroads and public utilities for the calendar year next | 51025 |
| preceding that in which the assessments are made. | 51026 |
| In the case of an assessment based on intrastate gross | 51027 |
| receipts under this section against a public utility that is an | 51028 |
| electric utility as defined in section 4928.01 of the Revised | 51029 |
| Code, or an electric services company, electric cooperative, or | 51030 |
| governmental aggregator subject to certification under section | 51031 |
| 4928.08 of the Revised Code, such receipts shall be those | 51032 |
| specified in the utility's, company's, cooperative's, or | 51033 |
| aggregator's most recent report of intrastate gross receipts and | 51034 |
| sales of kilowatt hours of electricity, filed with the commission | 51035 |
| pursuant to division (F) of section 4928.06 of the Revised Code, | 51036 |
| and verified by the commission. | 51037 |
| In the case of an assessment based on intrastate gross | 51038 |
| receipts under this section against a retail natural gas supplier | 51039 |
| or governmental aggregator subject to certification under section | 51040 |
| 4929.20 of the Revised Code, such receipts shall be those | 51041 |
| specified in the supplier's or aggregator's most recent report of | 51042 |
| intrastate gross receipts and sales of hundred cubic feet of | 51043 |
| natural gas, filed with the commission pursuant to division (B) of | 51044 |
| section 4929.23 of the Revised Code, and verified by the | 51045 |
| commission. However, no such retail natural gas supplier or such | 51046 |
| governmental aggregator serving or proposing to serve customers of | 51047 |
| a particular natural gas company, as defined in section 4929.01 of | 51048 |
| the Revised Code, shall be assessed under this section until after | 51049 |
| the commission, pursuant to section 4905.26 or 4909.18 of the | 51050 |
| Revised Code, has removed from the base rates of the natural gas | 51051 |
| company the amount of assessment under this section that is | 51052 |
| attributable to the value of commodity sales service, as defined | 51053 |
| in section 4929.01 of the Revised Code, in the base rates paid by | 51054 |
| those customers of the company that do not purchase that service | 51055 |
| from the natural gas company. | 51056 |
| (B) | 51057 |
| of October in each year, the commission shall notify each such | 51058 |
| railroad and public utility of the sum assessed against it, | 51059 |
| whereupon payment shall be made to the commission, which shall | 51060 |
| deposit it into the state treasury to the credit of the public | 51061 |
| utilities fund, which is hereby created. Beginning in calendar | 51062 |
| year 2006, on or before the fifteenth day of May in each year, the | 51063 |
| commission shall notify each railroad and public utility that had | 51064 |
| a sum assessed against it for the current fiscal year of more than | 51065 |
| one thousand dollars that fifty per cent of that amount shall be | 51066 |
| paid to the commission by the twentieth day of June of that year | 51067 |
| as an initial payment of the assessment against the company for | 51068 |
| the next fiscal year. On or before the first day of October in | 51069 |
| each year, the commission shall make a final determination of the | 51070 |
| sum of the assessment against each railroad and public utility and | 51071 |
| shall notify each railroad and public utility of the sum assessed | 51072 |
| against it. The commission shall deduct from the assessment for | 51073 |
| each railroad or public utility any initial payment received. | 51074 |
| Payment of the assessment shall be made to the commission by the | 51075 |
| first day of November of that year. The commission shall deposit | 51076 |
| the payments received into the state treasury to the credit of the | 51077 |
| public utilities fund. Any such amounts paid into the fund but not | 51078 |
| expended by the commission shall be credited ratably, after first | 51079 |
| deducting any deficits accumulated from prior years, by the | 51080 |
| commission to railroads and public utilities that pay more than | 51081 |
| the minimum assessment, according to the respective portions of | 51082 |
| such sum
assessable against them for the ensuing | 51083 |
| year. The
assessments for such | 51084 |
| reduced correspondingly. | 51085 |
| (C) Within five days after the beginning of each fiscal year | 51086 |
| through fiscal year 2006, the director of budget and management | 51087 |
| shall transfer from the general revenue fund to the public | 51088 |
| utilities fund an amount sufficient for maintaining and | 51089 |
| administering the public utilities commission and exercising its | 51090 |
| supervision and jurisdiction over the railroads and public | 51091 |
| utilities of the state during the first four months of the fiscal | 51092 |
| year. The director shall transfer the same amount back to the | 51093 |
| general revenue fund from the public utilities fund at such time | 51094 |
| as the director determines that the balance of the public | 51095 |
| utilities fund is sufficient to support the appropriations from | 51096 |
| the fund for the fiscal year. The director may transfer less than | 51097 |
| that amount if the director determines that the revenues of the | 51098 |
| public utilities fund during the fiscal year will be insufficient | 51099 |
| to support the appropriations from the fund for the fiscal year, | 51100 |
| in which case the amount not paid back to the general revenue fund | 51101 |
| shall be payable to the general revenue fund in future fiscal | 51102 |
| years. | 51103 |
| (D) For the purpose of this section only, "public utility" | 51104 |
| includes: | 51105 |
| (1) In addition to an electric utility as defined in section | 51106 |
| 4928.01 of the Revised Code, an electric services company, an | 51107 |
| electric cooperative, or a governmental aggregator subject to | 51108 |
| certification under section 4928.08 of the Revised Code, to the | 51109 |
| extent of the company's, cooperative's, or aggregator's engagement | 51110 |
| in the business of supplying or arranging for the supply in this | 51111 |
| state of any retail electric service for which it must be so | 51112 |
| certified; | 51113 |
| (2) In addition to a natural gas company as defined in | 51114 |
| section 4929.01 of the Revised Code, a retail natural gas supplier | 51115 |
| or governmental aggregator subject to certification under section | 51116 |
| 4929.20 of the Revised Code, to the extent of the supplier's or | 51117 |
| aggregator's engagement in the business of supplying or arranging | 51118 |
| for the supply in this state of any competitive retail natural gas | 51119 |
| service for which it must be certified. | 51120 |
| (E) Each public utilities commissioner shall receive a salary | 51121 |
| fixed at the level set by pay range 49 under schedule E-2 of | 51122 |
| section 124.152 of the Revised Code. | 51123 |
| Sec. 4905.54. Every public utility or railroad and every | 51124 |
| officer of a public utility or railroad shall comply with every | 51125 |
| order, direction, and requirement of the public utilities | 51126 |
| commission made under authority of this chapter and Chapters | 51127 |
| 4901., 4903., 4907., 4909., 4921., and 4923. of the Revised Code, | 51128 |
| so long as they remain in force. Except as otherwise specifically | 51129 |
| provided in sections 4905.83, 4905.95, 4919.99, 4921.99, and | 51130 |
| 4923.99 of the Revised Code, the public utilities commission may | 51131 |
| assess a forfeiture of not more than ten thousand dollars for each | 51132 |
| violation or failure against a public utility or railroad that | 51133 |
| violates a provision of those chapters or that after due notice | 51134 |
| fails to comply with an order, direction, or requirement of the | 51135 |
| commission that was
officially promulgated | 51136 |
| 51137 | |
| 51138 | |
| a separate offense. All forfeitures collected under this section | 51139 |
| shall be credited to the general revenue fund. | 51140 |
| Sec. 4905.95. (A) Except as otherwise provided in division | 51141 |
| (C) of this section: | 51142 |
| (1) The public utilities commission, regarding any proceeding | 51143 |
| under this section, shall provide reasonable notice and the | 51144 |
| opportunity for a hearing in accordance with rules adopted under | 51145 |
| section 4901.13 of the Revised Code. | 51146 |
| (2) Sections 4903.02 to 4903.082, 4903.09 to 4903.16, and | 51147 |
| 4903.20 to 4903.23 of the Revised Code apply to all proceedings | 51148 |
| and orders of the commission under this section and to all | 51149 |
| operators subject to those proceedings and orders. | 51150 |
| (B) If, pursuant to a proceeding it specially initiates or to | 51151 |
| any other proceeding and after the hearing provided for under | 51152 |
| division (A) of this section, the commission finds that: | 51153 |
| (1) An operator has violated or failed to comply with, or is | 51154 |
| violating or failing to comply with, sections 4905.90 to 4905.96 | 51155 |
| of the Revised Code or the pipe-line safety code, the commission | 51156 |
| by order: | 51157 |
| (a) Shall require the operator to comply and to undertake | 51158 |
| corrective action necessary to protect the public safety; | 51159 |
| (b) May assess upon the operator forfeitures of not more than | 51160 |
| 51161 | |
| noncompliance, except that the aggregate of such forfeitures shall | 51162 |
| not exceed five hundred thousand dollars for any related series of | 51163 |
| violations or noncompliances. In determining the amount of any | 51164 |
| such forfeiture, the commission shall consider all of the | 51165 |
| following: | 51166 |
| (i) The gravity of the violation or noncompliance; | 51167 |
| (ii) The operator's history of prior violations or | 51168 |
| noncompliances; | 51169 |
| (iii) The operator's good faith efforts to comply and | 51170 |
| undertake corrective action; | 51171 |
| (iv) The operator's ability to pay the forfeiture; | 51172 |
| (v) The effect of the forfeiture on the operator's ability to | 51173 |
| continue as an operator; | 51174 |
| (vi) Such other matters as justice may require. | 51175 |
| All forfeitures collected under this division or section 4905.96 | 51176 |
| of the Revised Code shall be deposited in the state treasury to | 51177 |
| the credit of the general revenue fund. | 51178 |
| (c) May direct the attorney general to seek the remedies | 51179 |
| provided in section 4905.96 of the Revised Code. | 51180 |
| (2) An intrastate pipe-line transportation facility is | 51181 |
| hazardous to life or property, the commission by order: | 51182 |
| (a) Shall require the operator of the facility to take | 51183 |
| corrective action to remove the hazard. Such corrective action may | 51184 |
| include suspended or restricted use of the facility, physical | 51185 |
| inspection, testing, repair, replacement, or other action. | 51186 |
| (b) May direct the attorney general to seek the remedies | 51187 |
| provided in section 4905.96 of the Revised Code. | 51188 |
| (C) If, pursuant to a proceeding it specially initiates or to | 51189 |
| any other proceeding, the commission finds that an emergency | 51190 |
| exists due to a condition on an intrastate pipe-line | 51191 |
| transportation facility posing a clear and immediate danger to | 51192 |
| life or health or threatening a significant loss of property and | 51193 |
| requiring immediate corrective action to protect the public | 51194 |
| safety, the commission may issue, without notice or prior hearing, | 51195 |
| an order reciting its finding and may direct the attorney general | 51196 |
| to seek the remedies provided in section 4905.96 of the Revised | 51197 |
| Code. The order shall remain in effect for not more than forty | 51198 |
| days after the date of its issuance. The order shall provide for a | 51199 |
| hearing as soon as possible, but not later than thirty days after | 51200 |
| the date of its issuance. After the hearing the commission shall | 51201 |
| continue, revoke, or modify the order and may make findings under | 51202 |
| and seek appropriate remedies as provided in division (B) of this | 51203 |
| section. | 51204 |
| Sec. 4911.18. (A) For the sole purpose of maintaining and | 51205 |
| administering the office of the consumers' counsel and exercising | 51206 |
| the powers of the consumers' counsel under this chapter, an amount | 51207 |
| equal to the appropriation to the office of the consumers' counsel | 51208 |
| in each fiscal year shall be apportioned among and assessed | 51209 |
| against each public utility within this state, as defined in | 51210 |
| section 4911.01 of the Revised Code, by first computing an | 51211 |
| assessment as though it were to be made in proportion to the | 51212 |
| intrastate gross earnings or receipts of the public utility for | 51213 |
| the calendar year next preceding that in which the assessment is | 51214 |
| made, excluding earnings or receipts from sales to other public | 51215 |
| utilities for resale. The office may include in that first | 51216 |
| computation any amount of a public utility's intrastate gross | 51217 |
| earnings or receipts underreported in a prior year. In addition to | 51218 |
| whatever penalties apply under the Revised Code to such | 51219 |
| underreporting, the office shall assess the public utility | 51220 |
| interest at the rate stated in division (A) of section 1343.01 of | 51221 |
| the Revised Code. The office shall deposit any interest so | 51222 |
| collected into the consumers' counsel operating fund. The office | 51223 |
| may exclude from that first computation any such amounts that were | 51224 |
| over-reported in a prior year. | 51225 |
| The final computation of the assessment shall consist of | 51226 |
| imposing upon each public utility whose assessment under the first | 51227 |
|
computation would have been | 51228 |
| assessment
of
| 51229 |
| assessment of the remaining companies by apportioning an amount | 51230 |
| equal to the appropriation to the office of consumers' counsel in | 51231 |
| each fiscal year less the total amount to be recovered from those | 51232 |
| paying the minimum assessment, in proportion to the intrastate | 51233 |
| gross earnings or receipts of the remaining companies for the | 51234 |
| calendar year next preceding that in which the assessments are | 51235 |
| made, excluding earnings or receipts from sales to other public | 51236 |
| utilities for resale. | 51237 |
| In the case of an assessment based on intrastate gross | 51238 |
| receipts under this section against a public utility that is an | 51239 |
| electric utility as defined in section 4928.01 of the Revised | 51240 |
| Code, or an electric services company, electric cooperative, or | 51241 |
| governmental aggregator subject to certification under section | 51242 |
| 4928.08 of the Revised Code, such receipts shall be those | 51243 |
| specified in the utility's, company's, cooperative's, or | 51244 |
| aggregator's most recent report of intrastate gross receipts and | 51245 |
| sales of kilowatt hours of electricity, filed with the public | 51246 |
| utilities commission pursuant to division (F) of section 4928.06 | 51247 |
| of the Revised Code, and verified by the commission. | 51248 |
| In the case of an assessment based on intrastate gross | 51249 |
| receipts under this section against a retail natural gas supplier | 51250 |
| or governmental aggregator subject to certification under section | 51251 |
| 4929.20 of the Revised Code, such receipts shall be those | 51252 |
| specified in the supplier's or aggregator's most recent report of | 51253 |
| intrastate gross receipts and sales of hundred cubic feet of | 51254 |
| natural gas, filed with the commission pursuant to division (B) of | 51255 |
| section 4929.23 of the Revised Code, and verified by the | 51256 |
| commission. However, no such retail natural gas supplier or such | 51257 |
| governmental aggregator serving or proposing to serve customers of | 51258 |
| a particular natural gas company, as defined in section 4929.01 of | 51259 |
| the Revised Code, shall be assessed under this section until after | 51260 |
| the commission, pursuant to section 4905.26 or 4909.18 of the | 51261 |
| Revised Code, has removed from the base rates of the natural gas | 51262 |
| company the amount of assessment under this section that is | 51263 |
| attributable to the value of commodity sales service, as defined | 51264 |
| in section 4929.01 of the Revised Code, in the base rates paid by | 51265 |
| those customers of the company that do not purchase that service | 51266 |
| from the natural gas company. | 51267 |
| (B) | 51268 |
| of October in each year, the office of consumers' counsel shall | 51269 |
| notify each public utility of the sum assessed against it, | 51270 |
| whereupon payment shall be made to the counsel, who shall deposit | 51271 |
| it into the state treasury to the credit of the consumers' counsel | 51272 |
| operating fund, which is hereby created. Beginning in calendar | 51273 |
| year 2006, on or before the fifteenth day of May in each year, the | 51274 |
| consumers' counsel shall notify each public utility that had a sum | 51275 |
| assessed against it for the current fiscal year of more than one | 51276 |
| thousand dollars that fifty per cent of that amount shall be paid | 51277 |
| to the consumers' counsel by the twentieth day of June of that | 51278 |
| year as an initial payment of the assessment against the company | 51279 |
| for the next fiscal year. On or before the first day of October in | 51280 |
| each year, the consumers' counsel shall make a final determination | 51281 |
| of the sum of the assessment against each public utility and shall | 51282 |
| notify each public utility of the sum assessed against it. The | 51283 |
| consumers' counsel shall deduct from the assessment for each | 51284 |
| public utility any initial payment received. Payment of the | 51285 |
| assessment shall be made to the consumers' counsel by the first | 51286 |
| day of November of that year. The consumers' counsel shall deposit | 51287 |
| the payments received into the state treasury to the credit of the | 51288 |
| consumers' counsel operating fund. Any such amounts paid into the | 51289 |
| fund but not expended by the office shall be credited ratably by | 51290 |
| the office to the public utilities that pay more than the minimum | 51291 |
| assessment, according to the respective portions of such sum | 51292 |
| assessable against them
for
the ensuing | 51293 |
| after first deducting any deficits accumulated from prior years. | 51294 |
| The assessments for such | 51295 |
| correspondingly. | 51296 |
| (C) Within five days after the beginning of each fiscal year | 51297 |
| through fiscal year 2006, the director of budget and management | 51298 |
| shall transfer from the general revenue fund to the consumers' | 51299 |
| counsel operating fund an amount sufficient for maintaining and | 51300 |
| administering the office of the consumers' counsel and exercising | 51301 |
| the powers of the consumers' counsel under this chapter during the | 51302 |
| first four months of the fiscal year. Not later than the | 51303 |
| thirty-first day of December of the fiscal year, the same amount | 51304 |
| shall be transferred back to the general revenue fund from the | 51305 |
| consumers' counsel operating fund. | 51306 |
| (D) As used in this section, "public utility" includes: | 51307 |
| (1) In addition to an electric utility as defined in section | 51308 |
| 4928.01 of the Revised Code, an electric services company, an | 51309 |
| electric cooperative, or a governmental aggregator subject to | 51310 |
| certification under section 4928.08 of the Revised Code, to the | 51311 |
| extent of the company's, cooperative's, or aggregator's engagement | 51312 |
| in the business of supplying or arranging for the supply in this | 51313 |
| state of any retail electric service for which it must be so | 51314 |
| certified; | 51315 |
| (2) In addition to a natural gas company as defined in | 51316 |
| section 4929.01 of the Revised Code, a retail natural gas supplier | 51317 |
| or governmental aggregator subject to certification under section | 51318 |
| 4929.20 of the Revised Code, to the extent of the supplier's or | 51319 |
| aggregator's engagement in the business of supplying or arranging | 51320 |
| for the supply in this state of any competitive retail natural gas | 51321 |
| service for which it must be certified. | 51322 |
| Sec. 4912.01. (A) The public utilities commission and | 51323 |
| consumers' counsel jointly shall operate a single, efficient, | 51324 |
| statewide, toll-free call service to enable and respond to | 51325 |
| incoming calls from the general public seeking information and | 51326 |
| assistance regarding utility services. The service shall be | 51327 |
| automated to provide the routing of all residential calls | 51328 |
| concerning retail electric, natural gas, telephone, or water | 51329 |
| public utility service to the office of the consumers' counsel and | 51330 |
| the routing of all other calls to the public utilities commission. | 51331 |
| The costs of establishing and operating the toll-free call service | 51332 |
| shall be borne equally by the two agencies, payable, respectively, | 51333 |
| from the public utilities fund under section 4905.10 of the | 51334 |
| Revised Code and the consumers' counsel operating fund under | 51335 |
| section 4911.18 of the Revised Code. | 51336 |
| (B) Except as authorized in division (A) of this section, | 51337 |
| neither agency shall operate or cause the operation of any utility | 51338 |
| consumer call center, any costs of which are payable from revenue | 51339 |
| available to the agency. | 51340 |
| Sec. 4973.171. (A) As used in this section, "felony" has the | 51341 |
| same meaning as in section 109.511 of the Revised Code. | 51342 |
| (B)(1) The | 51343 |
| commission a person as a police officer for a railroad company | 51344 |
| under division (B) of section 4973.17 of the Revised Code and | 51345 |
| shall not appoint or commission a person as a police officer for a | 51346 |
| hospital under division (D) of section 4973.17 of the Revised Code | 51347 |
| on a permanent basis, on a temporary basis, for a probationary | 51348 |
| term, or on other than a permanent basis if the person previously | 51349 |
| has been convicted of or has pleaded guilty to a felony. | 51350 |
| (2)(a) The | 51351 |
| appointment or commission of a person appointed or commissioned as | 51352 |
| a police officer for a railroad company or as a police officer for | 51353 |
| a hospital under division (B) or (D) of section 4973.17 of the | 51354 |
| Revised Code if that person does either of the following: | 51355 |
| (i) Pleads guilty to a felony; | 51356 |
| (ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 51357 |
| plea agreement as provided in division (D) of section 2929.43 of | 51358 |
| the Revised Code in which the person agrees to surrender the | 51359 |
| certificate awarded to that person under section 109.77 of the | 51360 |
| Revised Code. | 51361 |
| (b) The | 51362 |
| appointment or commission of a person appointed or commissioned as | 51363 |
| a police officer for a railroad company or as a police officer for | 51364 |
| a hospital under division (B) or (D) of section 4973.17 of the | 51365 |
| Revised Code if that person is convicted, after trial, of a | 51366 |
| felony. If the person files an appeal from that conviction and the | 51367 |
| conviction is upheld by the highest court to which the appeal is | 51368 |
| taken or if the person
does not file a timely appeal,
the | 51369 |
| secretary of state shall revoke the appointment or commission of | 51370 |
| that person as a police officer for a railroad company or as a | 51371 |
| police officer for a hospital. If the person files an appeal that | 51372 |
| results in that person's acquittal of the felony or conviction of | 51373 |
| a misdemeanor, or in the dismissal of the felony charge against | 51374 |
| that person, the
| 51375 |
| appointment or commission of that person as a police officer for a | 51376 |
| railroad company or as a police officer for a hospital. A person | 51377 |
| whose appointment or commission is reinstated under division | 51378 |
| (B)(2)(b) of this section shall not receive any back pay unless | 51379 |
| that person's conviction of the felony was reversed on appeal, or | 51380 |
| the felony charge was dismissed, because the court found | 51381 |
| insufficient evidence to convict the person of the felony. | 51382 |
| (3) Division (B) of this section does not apply regarding an | 51383 |
| offense that was committed prior to January 1, 1997. | 51384 |
| (4) The suspension or revocation of the appointment or | 51385 |
| commission of a person as a police officer for a railroad company | 51386 |
| or as a police officer for a hospital under division (B)(2) of | 51387 |
| this section shall be in accordance with Chapter 119. of the | 51388 |
| Revised Code. | 51389 |
| Sec. 5101.07. There is hereby created in the state treasury | 51390 |
| the support services federal operating fund. The fund shall | 51391 |
| consist of federal funds the department of job and family services | 51392 |
| receives and that the director of job and family services | 51393 |
| determines are appropriate for deposit into the fund. Money in the | 51394 |
| fund shall be used to pay the federal share of both of the | 51395 |
| following: | 51396 |
| (A) The department's costs for computer projects; | 51397 |
| (B) The operating costs of the parts of the department that | 51398 |
| provide general support services for the department's work units | 51399 |
| established under section 5101.06 of the Revised Code. | 51400 |
| Sec. 5101.071. There is hereby created in the state treasury | 51401 |
| the support services state operating fund. The fund shall consist | 51402 |
| of payments made to the fund from other appropriation items by | 51403 |
| intrastate transfer voucher. Money in the fund shall be used to | 51404 |
| pay for both of the following: | 51405 |
| (A) The department of job and family services' costs for | 51406 |
| computer projects; | 51407 |
| (B) The operating costs of the parts of the department that | 51408 |
| provide general support services for the department's work units | 51409 |
| established under section 5101.06 of the Revised Code. | 51410 |
| Sec. 5101.16. (A) As used in this section and sections | 51411 |
| 5101.161 and 5101.162 of the Revised Code: | 51412 |
| (1) "Disability financial assistance" means the financial | 51413 |
| assistance program established under Chapter 5115. of the Revised | 51414 |
| Code. | 51415 |
| (2) "Disability medical assistance" means the medical | 51416 |
| assistance program established under Chapter 5115. of the Revised | 51417 |
| Code. | 51418 |
| (3) "Food stamps" means the program administered by the | 51419 |
| department of job and family services pursuant to section 5101.54 | 51420 |
| of the Revised Code. | 51421 |
| (4) "Medicaid" means the medical assistance program | 51422 |
| established by Chapter 5111. of the Revised Code, excluding | 51423 |
| transportation services provided under that chapter. | 51424 |
| (5) "Ohio works first" means the program established by | 51425 |
| Chapter 5107. of the Revised Code. | 51426 |
| (6) "Prevention, retention, and contingency" means the | 51427 |
| program established by Chapter 5108. of the Revised Code. | 51428 |
| (7) "Public assistance expenditures" means expenditures for | 51429 |
| all of the following: | 51430 |
| (a) Ohio works first; | 51431 |
| (b) County administration of Ohio works first; | 51432 |
| (c) Prevention, retention, and contingency; | 51433 |
| (d) County administration of prevention, retention, and | 51434 |
| contingency; | 51435 |
| (e) Disability financial assistance; | 51436 |
| (f) Disability medical assistance; | 51437 |
| (g) County administration of disability financial assistance; | 51438 |
| (h) County administration of disability medical assistance; | 51439 |
| (i) County administration of food stamps; | 51440 |
| (j) County administration of medicaid. | 51441 |
| (8) "Title IV-A program" has the same meaning as in section | 51442 |
| 5101.80 of the Revised Code. | 51443 |
| (B) Each board of county commissioners shall pay the county | 51444 |
| share of public assistance expenditures in accordance with section | 51445 |
| 5101.161 of the Revised Code. Except as provided in division (C) | 51446 |
| of this section, a county's share of public assistance | 51447 |
| expenditures is the sum of all of the following for state fiscal | 51448 |
| year 1998 and each state fiscal year thereafter: | 51449 |
| (1) The amount that is twenty-five per cent of the county's | 51450 |
| total expenditures for disability financial assistance and | 51451 |
| disability medical assistance and county administration of those | 51452 |
| programs during the state fiscal year ending in the previous | 51453 |
| calendar year that the department of job and family services | 51454 |
| determines are allowable. | 51455 |
| (2) The amount that is ten per cent, or other percentage | 51456 |
| determined under division (D) of this section, of the county's | 51457 |
| total expenditures for county administration of food stamps and | 51458 |
| medicaid during the state fiscal year ending in the previous | 51459 |
| calendar year that the department determines are allowable, less | 51460 |
| the amount of federal reimbursement credited to the county under | 51461 |
| division (E) of this section for the state fiscal year ending in | 51462 |
| the previous calendar year; | 51463 |
| (3) A percentage of the actual amount of the county share of | 51464 |
| program and administrative expenditures during federal fiscal year | 51465 |
| 1994 for assistance and services, other than child care, provided | 51466 |
| under Titles IV-A and IV-F of the "Social Security Act," 49 Stat. | 51467 |
| 620 (1935), 42 U.S.C. 301, as those titles existed prior to the | 51468 |
| enactment of the "Personal Responsibility and Work Opportunity | 51469 |
| Reconciliation Act of 1996," 110 Stat. 2105. The department of job | 51470 |
| and family services shall determine the actual amount of the | 51471 |
| county share from expenditure reports submitted to the United | 51472 |
| States department of health and human services. The percentage | 51473 |
| shall be the percentage established in rules adopted under | 51474 |
| division (F) of this section. | 51475 |
| (C)(1) If a county's share of public assistance expenditures | 51476 |
| determined under division (B) of this section for a state fiscal | 51477 |
| year exceeds one hundred ten per cent of the county's share for | 51478 |
| those expenditures for the immediately preceding state fiscal | 51479 |
| year, the department of job and family services shall reduce the | 51480 |
| county's share for expenditures under divisions (B)(1) and (2) of | 51481 |
| this section so that the total of the county's share for | 51482 |
| expenditures under division (B) of this section equals one hundred | 51483 |
| ten per cent of the county's share of those expenditures for the | 51484 |
| immediately preceding state fiscal year. | 51485 |
| (2) A county's share of public assistance expenditures | 51486 |
| determined under division (B) of this section may be increased | 51487 |
| pursuant to section 5101.163 of the Revised Code and a sanction | 51488 |
| under section 5101.24 of the Revised Code. An increase made | 51489 |
| pursuant to section 5101.163 of the Revised Code may cause the | 51490 |
| county's share to exceed the limit established by division (C)(1) | 51491 |
| of this section. | 51492 |
| (D)(1) If the per capita tax duplicate of a county is less | 51493 |
| than the per capita tax duplicate of the state as a whole and | 51494 |
| division (D)(2) of this section does not apply to the county, the | 51495 |
| percentage to be used for the purpose of division (B)(2) of this | 51496 |
| section is the product of ten multiplied by a fraction of which | 51497 |
| the numerator is the per capita tax duplicate of the county and | 51498 |
| the denominator is the per capita tax duplicate of the state as a | 51499 |
| whole. The department of job and family services shall compute the | 51500 |
| per capita tax duplicate for the state and for each county by | 51501 |
| dividing the tax duplicate for the most recent available year by | 51502 |
| the current estimate of population prepared by the department of | 51503 |
| development. | 51504 |
| (2) If the percentage of families in a county with an annual | 51505 |
| income of less than three thousand dollars is greater than the | 51506 |
| percentage of such families in the state and division (D)(1) of | 51507 |
| this section does not apply to the county, the percentage to be | 51508 |
| used for the purpose of division (B)(2) of this section is the | 51509 |
| product of ten multiplied by a fraction of which the numerator is | 51510 |
| the percentage of families in the state with an annual income of | 51511 |
| less than three thousand dollars a year and the denominator is the | 51512 |
| percentage of such families in the county. The department of job | 51513 |
| and family services shall compute the percentage of families with | 51514 |
| an annual income of less than three thousand dollars for the state | 51515 |
| and for each county by multiplying the most recent estimate of | 51516 |
| such families published by the department of development, by a | 51517 |
| fraction, the numerator of which is the estimate of average annual | 51518 |
| personal income published by the bureau of economic analysis of | 51519 |
| the United States department of commerce for the year on which the | 51520 |
| census estimate is based and the denominator of which is the most | 51521 |
| recent such estimate published by the bureau. | 51522 |
| (3) If the per capita tax duplicate of a county is less than | 51523 |
| the per capita tax duplicate of the state as a whole and the | 51524 |
| percentage of families in the county with an annual income of less | 51525 |
| than three thousand dollars is greater than the percentage of such | 51526 |
| families in the state, the percentage to be used for the purpose | 51527 |
| of division (B)(2) of this section shall be determined as follows: | 51528 |
| (a) Multiply ten by the fraction determined under division | 51529 |
| (D)(1) of this section; | 51530 |
| (b) Multiply the product determined under division (D)(3)(a) | 51531 |
| of this section by the fraction determined under division (D)(2) | 51532 |
| of this section. | 51533 |
| (4) The department of job and family services shall | 51534 |
| determine, for each county, the percentage to be used for the | 51535 |
| purpose of division (B)(2) of this section not later than the | 51536 |
| first day of July of the year preceding the state fiscal year for | 51537 |
| which the percentage is used. | 51538 |
| (E) The department of job and family services shall credit to | 51539 |
| a county the amount of federal reimbursement the department | 51540 |
| receives from the United States departments of agriculture and | 51541 |
| health and human services for the county's expenditures for | 51542 |
| administration of food stamps and medicaid that the department | 51543 |
| determines are allowable administrative expenditures. | 51544 |
| (F)(1) The director of job and family services shall adopt | 51545 |
| rules in accordance with section 111.15 of the Revised Code to | 51546 |
| establish all of the following: | 51547 |
| (a) The method the department is to use to change a county's | 51548 |
| share of public assistance expenditures determined under division | 51549 |
| (B) of this section as provided in division (C) of this section; | 51550 |
| (b) The allocation methodology and formula the department | 51551 |
| will use to determine the amount of funds to credit to a county | 51552 |
| under this section; | 51553 |
| (c) The method the department will use to change the payment | 51554 |
| of the county share of public assistance expenditures from a | 51555 |
| calendar-year basis to a state fiscal year basis; | 51556 |
| (d) The percentage to be used for the purpose of division | 51557 |
| (B)(3) of this section, which shall, except as provided in section | 51558 |
| 5101.163 of the Revised Code, meet both of the following | 51559 |
| requirements: | 51560 |
| (i) The percentage shall not be less than seventy-five per | 51561 |
| cent nor more than eighty-two per cent; | 51562 |
| (ii) The percentage shall not exceed the percentage that the | 51563 |
| state's qualified state expenditures is of the state's historic | 51564 |
| state expenditures as those terms are defined in 42 U.S.C. | 51565 |
| 609(a)(7). | 51566 |
| (e) Other procedures and requirements necessary to implement | 51567 |
| this section. | 51568 |
| (2) The director of job and family services may amend the | 51569 |
| rule adopted under division (F)(1)(d) of this section to modify | 51570 |
| the percentage on determination that the amount the general | 51571 |
| assembly appropriates for Title IV-A programs makes the | 51572 |
| modification necessary. The rule shall be adopted and amended as | 51573 |
| if an internal management rule and in consultation with the | 51574 |
| director of budget and management. | 51575 |
| Sec. 5101.163. As used in this section, "maintenance of | 51576 |
| effort" means qualified state expenditures as defined in 42 U.S.C. | 51577 |
| 609(a)(7)(B)(i). | 51578 |
| The department of job and family services may increase a | 51579 |
| county's share of public assistance expenditures determined under | 51580 |
| division (B) of section 5101.16 of the Revised Code if the United | 51581 |
| States secretary of health and human services requires an increase | 51582 |
| in the state's maintenance of effort because of one or more | 51583 |
| failures, resulting from the actions or inactions of one or more | 51584 |
| county family services agencies, to meet a requirement under Title | 51585 |
| IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 | 51586 |
| U.S.C. 601, as amended. The department may so increase a county's | 51587 |
| share of public assistance expenditures only to the amount the | 51588 |
| county's county family services agencies are responsible for the | 51589 |
| increase in the state's maintenance of effort as determined | 51590 |
| pursuant to rules the director of job and family services shall | 51591 |
| adopt under section 111.15 of the Revised Code. The department is | 51592 |
| not required to make the increase in accordance with section | 51593 |
| 5101.24 of the Revised Code. | 51594 |
| Sec. 5101.181. (A) As used in this section and section | 51595 |
| 5101.182 of the Revised Code, "public assistance" includes, in | 51596 |
| addition to Ohio works first, all of the following: | 51597 |
| (1) Prevention, retention, and contingency; | 51598 |
| (2) Medicaid; | 51599 |
| (3) Disability financial assistance; | 51600 |
| (4) Disability medical assistance provided before October 1, | 51601 |
| 2005, under former Chapter 5115. of the Revised Code; | 51602 |
| (5) General assistance provided prior to July 17, 1995, under | 51603 |
| former Chapter 5113. of the Revised Code. | 51604 |
| (B) As part of the procedure for the determination of | 51605 |
| overpayment to a recipient of public assistance under Chapter | 51606 |
| 5107., 5108., 5111., or 5115. of the Revised Code, the director of | 51607 |
| job and family services shall furnish quarterly the name and | 51608 |
| social security number of each individual who receives public | 51609 |
| assistance to the director of administrative services, the | 51610 |
| administrator of the bureau of workers' compensation, and each of | 51611 |
| the state's retirement boards. Within fourteen days after | 51612 |
| receiving the name and social security number of an individual who | 51613 |
| receives public assistance, the director of administrative | 51614 |
| services, administrator, or board shall inform the auditor of | 51615 |
| state as to whether such individual is receiving wages or | 51616 |
| benefits, the amount of any wages or benefits being received, the | 51617 |
| social security number, and the address of the individual. The | 51618 |
| director of administrative services, administrator, boards, and | 51619 |
| any agent or employee of those officials and boards shall comply | 51620 |
| with the rules of the director of job and family services | 51621 |
| restricting the disclosure of information regarding recipients of | 51622 |
| public assistance. Any person who violates this provision shall | 51623 |
| thereafter be disqualified from acting as an agent or employee or | 51624 |
| in any other capacity under appointment or employment of any state | 51625 |
| board, commission, or agency. | 51626 |
| (C) The auditor of state may enter into a reciprocal | 51627 |
| agreement with the director of job and family services or | 51628 |
| comparable officer of any other state for the exchange of names, | 51629 |
| current or most recent addresses, or social security numbers of | 51630 |
| persons receiving public assistance under Title IV-A or under | 51631 |
| Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 | 51632 |
| U.S.C. 301, as amended. | 51633 |
| (D)(1) The auditor of state shall retain, for not less than | 51634 |
| two years, at least one copy of all information received under | 51635 |
| this section and sections 145.27, 742.41, 3307.20, 3309.22, | 51636 |
| 4123.27, 5101.182, and 5505.04 of the Revised Code. The auditor | 51637 |
| shall review the information to determine whether overpayments | 51638 |
| were made to recipients of public assistance under Chapters 5107., | 51639 |
| 5108., 5111., and 5115. of the Revised Code. The auditor of state | 51640 |
| shall initiate action leading to prosecution, where warranted, of | 51641 |
| recipients who received overpayments by forwarding the name of | 51642 |
| each recipient who received overpayment, together with other | 51643 |
| pertinent information, to the director of job and family services | 51644 |
| and the attorney general, to the district director of job and | 51645 |
| family services of the district through which public assistance | 51646 |
| was received, and to the county director of job and family | 51647 |
| services and county prosecutor of the county through which public | 51648 |
| assistance was received. | 51649 |
| (2) The auditor of state and the attorney general or their | 51650 |
| designees may examine any records, whether in computer or printed | 51651 |
| format, in the possession of the director of job and family | 51652 |
| services or any county director of job and family services. They | 51653 |
| shall provide safeguards which restrict access to such records to | 51654 |
| purposes directly connected with an audit or investigation, | 51655 |
| prosecution, or criminal or civil proceeding conducted in | 51656 |
| connection with the administration of the programs and shall | 51657 |
| comply with the rules of the director of job and family services | 51658 |
| restricting the disclosure of information regarding recipients of | 51659 |
| public assistance. Any person who violates this provision shall | 51660 |
| thereafter be disqualified from acting as an agent or employee or | 51661 |
| in any other capacity under appointment or employment of any state | 51662 |
| board, commission, or agency. | 51663 |
| (3) Costs incurred by the auditor of state in carrying out | 51664 |
| the auditor of state's duties under this division shall be borne | 51665 |
| by the auditor of state. | 51666 |
| Sec. 5101.21. (A) As used in this section, "county signer" | 51667 |
| means all of the following: | 51668 |
| (1) A board of county commissioners; | 51669 |
| (2) A county children services board appointed under section | 51670 |
| 5153.03 of the Revised Code if required by division (B) of this | 51671 |
| section to enter into a fiscal agreement; | 51672 |
| (3) A county elected official that is a child support | 51673 |
| enforcement agency if required by division (B) of this section to | 51674 |
| enter into a fiscal agreement. | 51675 |
| (B) The director of job and family services may enter into | 51676 |
| one or more written fiscal agreements with boards of county | 51677 |
| commissioners under which financial assistance is awarded for | 51678 |
| family services duties included in the agreements. Boards of | 51679 |
| county commissioners shall select which family services duties to | 51680 |
| include in a fiscal agreement. If a board of county commissioners | 51681 |
| elects to include family services duties of a public children | 51682 |
| services agency and a county children services board appointed | 51683 |
| under section 5153.03 of the Revised Code serves as the county's | 51684 |
| public children services agency, the board of county commissioners | 51685 |
| and county children services board shall jointly enter into the | 51686 |
| fiscal agreement with the director. If a board of county | 51687 |
| commissioners elects to include family services duties of a child | 51688 |
| support enforcement agency and the entity designated under former | 51689 |
| section 2301.35 of the Revised Code prior to October 1, 1997, or | 51690 |
| designated under section 307.981 of the Revised Code as the | 51691 |
| county's child support enforcement agency is an elected official | 51692 |
| of the county, the board of county commissioners and county | 51693 |
| elected official shall jointly enter into the fiscal agreement | 51694 |
| with the director. A fiscal agreement shall do all of the | 51695 |
| following: | 51696 |
| (1) Specify the family services duties included in the | 51697 |
| agreement and the private and government entities designated under | 51698 |
| section 307.981 of the Revised Code to serve as the county family | 51699 |
| services agencies performing the family services duties; | 51700 |
| (2) Provide for the department of job and family services to | 51701 |
| award financial assistance for the family services duties included | 51702 |
| in the agreement in accordance with a methodology for determining | 51703 |
| the amount of the award established by rules adopted under | 51704 |
| division (D) of this section; | 51705 |
| (3) Specify the form of the award of financial assistance | 51706 |
| which may be an allocation, cash draw, reimbursement, property, | 51707 |
| or, to the extent authorized by an appropriation made by the | 51708 |
| general assembly and to the extent practicable and not in conflict | 51709 |
| with a federal or state law, a consolidated funding allocation for | 51710 |
| two or more family services duties included in the agreement; | 51711 |
| (4) Provide that the award of financial assistance is subject | 51712 |
| to the availability of federal funds and appropriations made by | 51713 |
| the general assembly; | 51714 |
| (5) Specify annual financial, administrative, or other | 51715 |
| incentive awards, if any, to be provided in accordance with | 51716 |
| section 5101.23 of the Revised Code; | 51717 |
| (6) Include the assurance of each county signer that the | 51718 |
| county signer will do all of the following: | 51719 |
| (a) Ensure that the financial assistance awarded under the | 51720 |
| agreement is used, and the family services duties included in the | 51721 |
| agreement are performed, in accordance with requirements for the | 51722 |
| duties established by the department, a federal or state law, or | 51723 |
| any of the following that concern the family services duties | 51724 |
| included in the fiscal agreement and are published under section | 51725 |
| 5101.212 of the Revised Code: state plans for receipt of federal | 51726 |
| financial participation, grant agreements between the department | 51727 |
| and a federal agency, and executive orders issued by the governor; | 51728 |
| (b) Ensure that the board and county family services agencies | 51729 |
| utilize a financial management system and other accountability | 51730 |
| mechanisms for the financial assistance awarded under the | 51731 |
| agreement that meet requirements the department establishes; | 51732 |
| (c) Require the county family services agencies to do both of | 51733 |
| the following: | 51734 |
| (i) Monitor all private and government entities that receive | 51735 |
| a payment from financial assistance awarded under the agreement to | 51736 |
| ensure that each entity uses the payment in accordance with | 51737 |
| requirements for the family services duties included in the | 51738 |
| agreement; | 51739 |
| (ii) Take action to recover payments that are not used in | 51740 |
| accordance with the requirements for the family services duties | 51741 |
| included in the agreement. | 51742 |
| (d) Require county family services agencies to promptly | 51743 |
| reimburse the department the amount that represents the amount an | 51744 |
| agency is responsible for, pursuant to action the department takes | 51745 |
| under division (C) of section 5101.24 of the Revised Code, of | 51746 |
| funds the department pays to any entity because of an adverse | 51747 |
| audit finding, adverse quality control finding, final disallowance | 51748 |
| of federal financial participation, or other sanction or penalty; | 51749 |
| (e) Require county family services agencies to take prompt | 51750 |
| corrective action, including paying amounts resulting from an | 51751 |
| adverse finding, sanction, or penalty, if the department, auditor | 51752 |
| of state, federal agency, or other entity authorized by federal or | 51753 |
| state law to determine compliance with requirements for a family | 51754 |
| services duty included in the agreement determines compliance has | 51755 |
| not been achieved | 51756 |
| | 51757 |
| 51758 | |
| 51759 | |
| 51760 | |
| 51761 |
| (7) Provide for the department taking action pursuant to | 51762 |
| division (C) of section 5101.24 of the Revised Code if authorized | 51763 |
| by division (B)(1), (2), (3), or (4) of that section; | 51764 |
| (8) Provide for timely audits required by federal and state | 51765 |
| law and require prompt release of audit findings and prompt action | 51766 |
| to correct problems identified in an audit; | 51767 |
| (9) Comply with all of the requirements for the family | 51768 |
| services duties that are included in the agreement and have been | 51769 |
| established by the department, federal or state law, or any of the | 51770 |
| following that concern the family services duties included in the | 51771 |
| fiscal agreement and are published under section 5101.212 of the | 51772 |
| Revised Code: state plans for receipt of federal financial | 51773 |
| participation, grant agreements between the department and a | 51774 |
| federal agency, and executive orders issued by the governor; | 51775 |
| (10) Provide for dispute resolution procedures in accordance | 51776 |
| with section 5101.24 of the Revised Code; | 51777 |
| (11) Establish the method of amending or terminating the | 51778 |
| agreement and an expedited process for correcting terms or | 51779 |
| conditions of the agreement that the director and each county | 51780 |
| signer agree are erroneous; | 51781 |
| (12) Except as provided in rules adopted under division (D) | 51782 |
| of this section, begin on the first day of July of an odd-numbered | 51783 |
| year and end on the last day of June of the next odd-numbered | 51784 |
| year. | 51785 |
| (C) The department shall make payments authorized by a fiscal | 51786 |
| agreement on vouchers it prepares and may include any funds | 51787 |
| appropriated or allocated to it for carrying out family services | 51788 |
| duties included in the agreement, including funds for personal | 51789 |
| services and maintenance. | 51790 |
| (D)(1) The director shall adopt rules in accordance with | 51791 |
| section 111.15 of the Revised Code governing fiscal agreements. | 51792 |
| The director shall adopt the rules as if they were internal | 51793 |
| management rules. Before adopting the rules, the director shall | 51794 |
| give the public an opportunity to review and comment on the | 51795 |
| proposed rules. The rules shall establish methodologies to be used | 51796 |
| to determine the amount of financial assistance to be awarded | 51797 |
| under the agreements. The rules also shall establish terms and | 51798 |
| conditions under which an agreement may be entered into after the | 51799 |
| first day of July of an odd-numbered year. The rules may do any or | 51800 |
| all of the following: | 51801 |
| (a) | 51802 |
| 51803 | |
| 51804 | |
| 51805 | |
| 51806 | |
| 51807 |
| | 51808 |
| | 51809 |
| under the agreements; | 51810 |
| | 51811 |
| requirements the director determines are necessary to provide | 51812 |
| accountability for the use of financial assistance awarded under | 51813 |
| the agreements and determine compliance with requirements | 51814 |
| established by the department, a federal or state law, or any of | 51815 |
| the following that concern the family services duties included in | 51816 |
| the agreements and are published under section 5101.212 of the | 51817 |
| Revised Code: state plans for receipt of federal financial | 51818 |
| participation, grant agreements between the department and a | 51819 |
| federal entity, and executive orders issued by the governor. | 51820 |
| (2) A requirement of a fiscal agreement established by a rule | 51821 |
| adopted under this division is applicable to a fiscal agreement | 51822 |
| without having to be restated in the fiscal agreement. | 51823 |
| Sec. 5101.241. (A) As used in this section: | 51824 |
| (1) "Local area" and "chief elected official" have the same | 51825 |
| meaning as in section 5101.20 of the Revised Code. | 51826 |
| (2) "Responsible entity" means the chief elected officials of | 51827 |
| a local area. | 51828 |
| (B) The department of job and family services may take action | 51829 |
| under division (C) of this section against the responsible entity, | 51830 |
| regardless of who performs the workforce development activity, if | 51831 |
| the department determines any of the following are the case: | 51832 |
| (1) A requirement of a grant agreement entered into under | 51833 |
| section 5101.20 of the Revised Code that includes the workforce | 51834 |
| development activity, including a requirement for grant agreements | 51835 |
| established by rules adopted under that section, is not complied | 51836 |
| with; | 51837 |
| (2) A performance standard for the workforce development | 51838 |
| activity established by the federal government or the department | 51839 |
| is not met; | 51840 |
| (3) A requirement for the workforce development activity | 51841 |
| established by the department or any of the following is not | 51842 |
| complied with: a federal or state law, state plan for receipt of | 51843 |
| federal financial participation, grant agreement between the | 51844 |
| department and a federal agency, or executive order; | 51845 |
| (4) The responsible entity is solely or partially | 51846 |
| responsible, as determined by the director of job and family | 51847 |
| services, for an adverse audit finding, adverse quality control | 51848 |
| finding, final disallowance of federal financial participation, or | 51849 |
| other sanction or penalty regarding the workforce development | 51850 |
| activity. | 51851 |
| (C) The department may take one or more of the following | 51852 |
| actions against the responsible entity when authorized by division | 51853 |
| (B)(1), (2), (3), or (4) of this section: | 51854 |
| (1) Require the responsible entity to submit to and comply | 51855 |
| with a corrective action plan, established or approved by the | 51856 |
| department, pursuant to a time schedule specified by the | 51857 |
| department; | 51858 |
| (2) Require the responsible entity to do one of the | 51859 |
| following: | 51860 |
| (a) Share with the department a final disallowance of federal | 51861 |
| financial participation or other sanction or penalty; | 51862 |
| (b) Reimburse the department the amount the department pays | 51863 |
| to the federal government or another entity that represents the | 51864 |
| amount the responsible entity is responsible for of an adverse | 51865 |
| audit finding, adverse quality control finding, final disallowance | 51866 |
| of federal financial participation, or other sanction or penalty | 51867 |
| issued by the federal government, auditor of state, or other | 51868 |
| entity; | 51869 |
| (c) Pay the federal government or another entity the amount | 51870 |
| that represents the amount the responsible entity is responsible | 51871 |
| for of an adverse audit finding, adverse quality control finding, | 51872 |
| final disallowance of federal financial participation, or other | 51873 |
| sanction or penalty issued by the federal government, auditor of | 51874 |
| state, or other entity; | 51875 |
| (d) Pay the department the amount that represents the amount | 51876 |
| the responsible entity is responsible for of an adverse audit | 51877 |
| finding, adverse quality control finding, or other sanction or | 51878 |
| penalty issued by the department. | 51879 |
| (3) Impose a financial or administrative sanction or adverse | 51880 |
| audit finding issued by the department against the responsible | 51881 |
| entity, which may be increased with each subsequent action taken | 51882 |
| against the responsible entity | 51883 |
| (4) Perform or contract with a government or private entity | 51884 |
| for the entity to perform the workforce development activity until | 51885 |
| the department is satisfied that the responsible entity ensures | 51886 |
| that the activity will be performed to the department's | 51887 |
| satisfaction. If the department performs or contracts with an | 51888 |
| entity to perform the workforce development activity under | 51889 |
| division (C)(4) of this section, the department may withhold funds | 51890 |
| allocated to or reimbursements due to the responsible entity for | 51891 |
| the activity and use those funds to implement division (C)(4) of | 51892 |
| this section. | 51893 |
| (5) Request the attorney general to bring mandamus | 51894 |
| proceedings to compel the responsible entity to take or cease the | 51895 |
| actions listed in division (B) of this section. The attorney | 51896 |
| general shall bring any mandamus proceedings in the Franklin | 51897 |
| county court of appeals at the department's request. | 51898 |
| (6) If the department takes action under this division | 51899 |
| because of division (B)(3) of this section, withhold funds | 51900 |
| allocated or reimbursement due to the responsible entity until the | 51901 |
| department determines that the responsible entity is in compliance | 51902 |
| with the requirement. The department shall release the funds when | 51903 |
| the department determines that compliance has been achieved. | 51904 |
| (7) Issue a notice of intent to revoke approval of all or | 51905 |
| part of the local plan effected that conflicts with state or | 51906 |
| federal law and effectuate the revocation. | 51907 |
| (D) The department shall notify the responsible entity and | 51908 |
| the appropriate county auditor when the department proposes to | 51909 |
| take action under division (C) of this section. The notice shall | 51910 |
| be in writing and specify the action the department proposes to | 51911 |
| take. The department shall send the notice by regular United | 51912 |
| States mail. Except as provided in division (E) of this section, | 51913 |
| the responsible entity may request an administrative review of a | 51914 |
| proposed action in accordance with administrative review | 51915 |
| procedures the department shall establish. The administrative | 51916 |
| review procedures shall comply with all of the following: | 51917 |
| (1) A request for an administrative review shall state | 51918 |
| specifically all of the following: | 51919 |
| (a) The proposed action specified in the notice from the | 51920 |
| department for which the review is requested; | 51921 |
| (b) The reason why the responsible entity believes the | 51922 |
| proposed action is inappropriate; | 51923 |
| (c) All facts and legal arguments that the responsible entity | 51924 |
| wants the department to consider; | 51925 |
| (d) The name of the person who will serve as the responsible | 51926 |
| entity's representative in the review. | 51927 |
| (2) If the department's notice specifies more than one | 51928 |
| proposed action and the responsible entity does not specify all of | 51929 |
| the proposed actions in its request pursuant to division (D)(1)(a) | 51930 |
| of this section, the proposed actions not specified in the request | 51931 |
| shall not be subject to administrative review and the parts of the | 51932 |
| notice regarding those proposed actions shall be final and binding | 51933 |
| on the responsible entity. | 51934 |
| (3) | 51935 |
| 51936 | |
| calendar days after the department mails the notice to the | 51937 |
| responsible entity to send a written request to the department for | 51938 |
| an administrative review. | 51939 |
| 51940 | |
| 51941 | |
| 51942 | |
| 51943 | |
| 51944 | |
| 51945 | |
| department shall attempt to resolve informally any dispute and may | 51946 |
| develop a written resolution to the dispute at any time prior to | 51947 |
| submitting the written report described in division (D)(7) of this | 51948 |
| section to the director. | 51949 |
| (4) | 51950 |
| 51951 | |
| 51952 | |
| 51953 | |
| 51954 | |
| 51955 | |
| 51956 | |
| 51957 | |
| 51958 | |
| 51959 | |
| 51960 |
| | 51961 |
| this section, the responsible entity may not include in its | 51962 |
| request disputes over a finding, final disallowance of federal | 51963 |
| financial participation, or other sanction or penalty issued by | 51964 |
| the federal government, auditor of state, or other entity other | 51965 |
| than the department. | 51966 |
| | 51967 |
| administrative review within the required time, the responsible | 51968 |
| entity loses the right to request an administrative review of the | 51969 |
| proposed actions specified in the notice and the notice becomes | 51970 |
| final and binding on the responsible entity. | 51971 |
| | 51972 |
| 51973 | |
| 51974 | |
| appoint an administrative review panel to conduct the | 51975 |
| administrative review. The review panel shall consist of | 51976 |
| department employees who are not involved in the department's | 51977 |
| proposal to take action against the responsible entity. The review | 51978 |
| panel shall review the responsible entity's request. The review | 51979 |
| panel may require that the department or responsible entity submit | 51980 |
| additional information and schedule and conduct an informal | 51981 |
| hearing to obtain testimony or additional evidence. A review of a | 51982 |
| proposal to take action under division (C)(2) of this section | 51983 |
| shall be limited solely to the issue of the amount the responsible | 51984 |
| entity shall share with the department, reimburse the department, | 51985 |
| or pay to the federal government, department, or other entity | 51986 |
| under division (C)(2) of this section. The review panel is not | 51987 |
| required to make a stenographic record of its hearing or other | 51988 |
| proceedings. | 51989 |
| | 51990 |
| administrative review panel appointed under division (D) | 51991 |
| this section shall submit a written report to the director setting | 51992 |
| forth its findings of fact, conclusions of law, and | 51993 |
| recommendations for action. The director may approve, modify, or | 51994 |
| disapprove the recommendations. | 51995 |
| 51996 | |
| 51997 | |
| 51998 |
| | 51999 |
| under division (D) | 52000 |
| binding on the responsible entity and shall not be subject to | 52001 |
| further | 52002 |
| (E) The responsible entity is not entitled to an | 52003 |
| administrative review under division (D) of this section for any | 52004 |
| of the following: | 52005 |
| (1) An action taken under division (C)(5) or (6) of this | 52006 |
| section; | 52007 |
| (2) An action taken under section 5101.242 of the Revised | 52008 |
| Code; | 52009 |
| (3) An action taken under division (C)(2) of this section if | 52010 |
| the federal government, auditor of state, or entity other than the | 52011 |
| department has identified the responsible entity as being solely | 52012 |
| or partially responsible for an adverse audit finding, adverse | 52013 |
| quality control finding, final disallowance of federal financial | 52014 |
| participation, or other sanction or penalty; | 52015 |
| (4) An adjustment to an allocation, cash draw, advance, or | 52016 |
| reimbursement to the responsible entity's local area that the | 52017 |
| department determines necessary for budgetary reasons; | 52018 |
| (5) Withholding of a cash draw or reimbursement due to | 52019 |
| noncompliance with a reporting requirement established in rules | 52020 |
| adopted under section 5101.243 of the Revised Code. | 52021 |
| (F) This section does not apply to other actions the | 52022 |
| department takes against the responsible entity pursuant to | 52023 |
| authority granted by another state law unless the other state law | 52024 |
| requires the department to take the action in accordance with this | 52025 |
| section. | 52026 |
| (G) The director of job and family services may adopt rules | 52027 |
| in accordance with Chapter 119. of the Revised Code as necessary | 52028 |
| to implement this section. | 52029 |
| (H) The governor may decertify a local workforce development | 52030 |
| board for any of the following reasons in accordance with | 52031 |
| subsection (e) of section 117 of the "Workforce Investment Act of | 52032 |
| 1998" 112 Stat. 936, 29 U.S.C. 2801, as amended: | 52033 |
| (1) Fraud or abuse; | 52034 |
| (2) Failure to carry out the requirements of the federal | 52035 |
| "Workforce Investment Act," 112 Stat. 936, 29 U.S.C. 2801, as | 52036 |
| amended, including failure to meet performance standards | 52037 |
| established by the federal government for two consecutive years. | 52038 |
| If the governor finds that access to basic "Workforce | 52039 |
| Investment Act" services is not being provided in a local area, | 52040 |
| the governor may declare an emergency and, in consultation with | 52041 |
| the chief elected officials of the local area affected, arrange | 52042 |
| for provision of these services through an alternative entity | 52043 |
| during the time period in which resolution of the problem | 52044 |
| preventing service delivery in the local area is pending. An | 52045 |
| action taken by the governor pursuant to this section is not | 52046 |
| subject to appeal under this section. | 52047 |
| Sec. 5101.244. If a county family services agency submits an | 52048 |
| expenditure report to the department of job and family services, | 52049 |
| the department makes a payment to the agency based on the report, | 52050 |
| and the department subsequently determines that the payment | 52051 |
| exceeds the allowable amount for the expenditure, the department | 52052 |
| may adjust, offset, withhold, or reduce an allocation, cash draw, | 52053 |
| advance, reimbursement, or other financial assistance to the | 52054 |
| agency as necessary to recover the amount of the excess payment | 52055 |
| made to the agency. The department is not required to make the | 52056 |
| adjustment, offset, withholding, or reduction in accordance with | 52057 |
| section 5101.24 of the Revised Code. | 52058 |
| The director of job and family services may adopt rules under | 52059 |
| section 111.15 of the Revised Code as necessary to implement this | 52060 |
| section. The director shall adopt the rules as if they were | 52061 |
| internal management rules. | 52062 |
| Sec. 5101.26. As used in this section and in sections | 52063 |
| 5101.27 to 5101.30 of the Revised Code: | 52064 |
| (A) "County agency" means a county department of job and | 52065 |
| family services or a public children services agency. | 52066 |
| (B) "Fugitive felon" means an individual who is fleeing to | 52067 |
| avoid prosecution, or custody or confinement after conviction, | 52068 |
| under the laws of the place from which the individual is fleeing, | 52069 |
| for a crime or an attempt to commit a crime that is a felony under | 52070 |
| the laws of the place from which the individual is fleeing or, in | 52071 |
| the case of New Jersey, a high misdemeanor, regardless of whether | 52072 |
| the individual has departed from the individual's usual place of | 52073 |
| residence. | 52074 |
| (C) "Information" means records as defined in section 149.011 | 52075 |
| of the Revised Code, any other documents in any format, and data | 52076 |
| derived from records and documents that are generated, acquired, | 52077 |
| or maintained by the department of job and family services, a | 52078 |
| county agency, or an entity performing duties on behalf of the | 52079 |
| department or a county agency. | 52080 |
| (D) "Law enforcement agency" means the state highway patrol, | 52081 |
| an agency that employs peace officers as defined in section 109.71 | 52082 |
| of the Revised Code, the adult parole authority, a county | 52083 |
| department of probation, a prosecuting attorney, the attorney | 52084 |
| general, similar agencies of other states, federal law enforcement | 52085 |
| agencies, and postal inspectors. "Law enforcement agency" includes | 52086 |
| the peace officers and other law enforcement officers employed by | 52087 |
| the agency. | 52088 |
| (E) "Medical assistance provided under a public assistance | 52089 |
| program" means medical assistance provided under the programs | 52090 |
| established under sections 5101.49, 5101.50 to 5101.503, and | 52091 |
| 5101.51 to 5101.5110, | 52092 |
| other provision of the Revised Code. | 52093 |
| (F) "Public assistance" means financial assistance, medical | 52094 |
| assistance, or social services provided under a program | 52095 |
| administered by the department of job and family services or a | 52096 |
| county agency pursuant to Chapter 329., 5101., 5104., 5107., | 52097 |
| 5108., 5111., or 5115. of the Revised Code or an executive order | 52098 |
| issued under section 107.17 of the Revised Code. | 52099 |
| (G) "Public assistance recipient" means an applicant for or | 52100 |
| recipient or former recipient of public assistance. | 52101 |
| Sec. 5101.31. Any record, data, pricing information, or other | 52102 |
| information regarding a drug rebate agreement or a supplemental | 52103 |
| drug rebate agreement for the medicaid program established under | 52104 |
| Chapter 5111. of the Revised Code | 52105 |
| 52106 | |
| 52107 | |
| receives from a pharmaceutical manufacturer or creates pursuant to | 52108 |
| negotiation of the agreement is not a public record under section | 52109 |
| 149.43 of the Revised Code and shall be treated by the department | 52110 |
| as confidential information. | 52111 |
| Sec. 5101.35. (A) As used in this section: | 52112 |
| (1) "Agency" means the following entities that administer a | 52113 |
| family services program: | 52114 |
| (a) The department of job and family services; | 52115 |
| (b) A county department of job and family services; | 52116 |
| (c) A public children services agency; | 52117 |
| (d) A private or government entity administering, in whole or | 52118 |
| in part, a family services program for or on behalf of the | 52119 |
| department of job and family services or a county department of | 52120 |
| job and family services or public children services agency. | 52121 |
| (2) "Appellant" means an applicant, participant, former | 52122 |
| participant, recipient, or former recipient of a family services | 52123 |
| program who is entitled by federal or state law to a hearing | 52124 |
| regarding a decision or order of the agency that administers the | 52125 |
| program. | 52126 |
| (3) "Family services program" means assistance provided under | 52127 |
| a Title IV-A program as defined in section 5101.80 of the Revised | 52128 |
| Code or under Chapter 5104., 5111., or 5115. or section 173.35, | 52129 |
| 5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or 5153.165 of the | 52130 |
| Revised Code, other than assistance provided under section 5101.46 | 52131 |
| of the Revised Code by the department of mental health, the | 52132 |
| department of mental retardation and developmental disabilities, a | 52133 |
| board of alcohol, drug addiction, and mental health services, or a | 52134 |
| county board of mental retardation and developmental disabilities. | 52135 |
| (B) Except as provided by division (G) of this section, an | 52136 |
| appellant who appeals under federal or state law a decision or | 52137 |
| order of an agency administering a family services program shall, | 52138 |
| at the appellant's request, be granted a state hearing by the | 52139 |
| department of job and family services. This state hearing shall be | 52140 |
| conducted in accordance with rules adopted under this section. The | 52141 |
| state hearing shall be tape-recorded, but neither the recording | 52142 |
| nor a transcript of the recording shall be part of the official | 52143 |
| record of the proceeding. A state hearing decision is binding upon | 52144 |
| the agency and department, unless it is reversed or modified on | 52145 |
| appeal to the director of job and family services or a court of | 52146 |
| common pleas. | 52147 |
| (C) Except as provided by division (G) of this section, an | 52148 |
| appellant who disagrees with a state hearing decision may make an | 52149 |
| administrative appeal to the director of job and family services | 52150 |
| in accordance with rules adopted under this section. This | 52151 |
| administrative appeal does not require a hearing, but the director | 52152 |
| or the director's designee shall review the state hearing decision | 52153 |
| and previous administrative action and may affirm, modify, remand, | 52154 |
| or reverse the state hearing decision. Any person designated to | 52155 |
| make an administrative appeal decision on behalf of the director | 52156 |
| shall have been admitted to the practice of law in this state. An | 52157 |
| administrative appeal decision is the final decision of the | 52158 |
| department and is binding upon the department and agency, unless | 52159 |
| it is reversed or modified on appeal to the court of common pleas. | 52160 |
| (D) An agency shall comply with a decision issued pursuant to | 52161 |
| division (B) or (C) of this section within the time limits | 52162 |
| established by rules adopted under this section. If a county | 52163 |
| department of job and family services or a public children | 52164 |
| services agency fails to comply within these time limits, the | 52165 |
| department may take action pursuant to section 5101.24 of the | 52166 |
| Revised Code. If another agency fails to comply within the time | 52167 |
| limits, the department may force compliance by withholding funds | 52168 |
| due the agency or imposing another sanction established by rules | 52169 |
| adopted under this section. | 52170 |
| (E) An appellant who disagrees with an administrative appeal | 52171 |
| decision of the director of job and family services or the | 52172 |
| director's designee issued under division (C) of this section may | 52173 |
| appeal from the decision to the court of common pleas pursuant to | 52174 |
| section 119.12 of the Revised Code. The appeal shall be governed | 52175 |
| by section 119.12 of the Revised Code except that: | 52176 |
| (1) The person may appeal to the court of common pleas of the | 52177 |
| county in which the person resides, or to the court of common | 52178 |
| pleas of Franklin county if the person does not reside in this | 52179 |
| state. | 52180 |
| (2) The person may apply to the court for designation as an | 52181 |
| indigent and, if the court grants this application, the appellant | 52182 |
| shall not be required to furnish the costs of the appeal. | 52183 |
| (3) The appellant shall mail the notice of appeal to the | 52184 |
| department of job and family services and file notice of appeal | 52185 |
| with the court within thirty days after the department mails the | 52186 |
| administrative appeal decision to the appellant. For good cause | 52187 |
| shown, the court may extend the time for mailing and filing notice | 52188 |
| of appeal, but such time shall not exceed six months from the date | 52189 |
| the department mails the administrative appeal decision. Filing | 52190 |
| notice of appeal with the court shall be the only act necessary to | 52191 |
| vest jurisdiction in the court. | 52192 |
| (4) The department shall be required to file a transcript of | 52193 |
| the testimony of the state hearing with the court only if the | 52194 |
| court orders the department to file the transcript. The court | 52195 |
| shall make such an order only if it finds that the department and | 52196 |
| the appellant are unable to stipulate to the facts of the case and | 52197 |
| that the transcript is essential to a determination of the appeal. | 52198 |
| The department shall file the transcript not later than thirty | 52199 |
| days after the day such an order is issued. | 52200 |
| (F) The department of job and family services shall adopt | 52201 |
| rules in accordance with Chapter 119. of the Revised Code to | 52202 |
| implement this section, including rules governing the following: | 52203 |
| (1) State hearings under division (B) of this section. The | 52204 |
| rules shall include provisions regarding notice of eligibility | 52205 |
| termination and the opportunity of an appellant appealing a | 52206 |
| decision or order of a county department of job and family | 52207 |
| services to request a county conference with the county department | 52208 |
| before the state hearing is held. | 52209 |
| (2) Administrative appeals under division (C) of this | 52210 |
| section; | 52211 |
| (3) Time limits for complying with a decision issued under | 52212 |
| division (B) or (C) of this section; | 52213 |
| (4) Sanctions that may be applied against an agency under | 52214 |
| division (D) of this section. | 52215 |
| (G) The department of job and family services may adopt rules | 52216 |
| in accordance with Chapter 119. of the Revised Code establishing | 52217 |
| an appeals process for an appellant who appeals a decision or | 52218 |
| order regarding a Title IV-A program identified under division | 52219 |
|
(A) | 52220 |
| Revised Code that is different from the appeals process | 52221 |
| established by this section. The different appeals process may | 52222 |
| include having a state agency that administers the Title IV-A | 52223 |
| program pursuant to an interagency agreement entered into under | 52224 |
| section 5101.801 of the Revised Code administer the appeals | 52225 |
| process. | 52226 |
| (H) The requirements of Chapter 119. of the Revised Code | 52227 |
| apply to a state hearing or administrative appeal under this | 52228 |
| section only to the extent, if any, specifically provided by rules | 52229 |
| adopted under this section. | 52230 |
| Sec. 5101.36. Any application for public assistance gives a | 52231 |
| right of subrogation to the department of job and family services | 52232 |
| for any workers' compensation benefits payable to a person who is | 52233 |
| subject to a support order, as defined in section 3119.01 of the | 52234 |
| Revised Code, on behalf of the applicant, to the extent of any | 52235 |
| public assistance payments made on the applicant's behalf. If the | 52236 |
| director of job and family services, in consultation with a child | 52237 |
| support enforcement agency and the administrator of the bureau of | 52238 |
| workers' compensation, determines that a person responsible for | 52239 |
| support payments to a recipient of public assistance is receiving | 52240 |
| workers' compensation, the director shall notify the administrator | 52241 |
| of the amount of the benefit to be paid to the department of job | 52242 |
| and family services. | 52243 |
| For purposes of this section, "public assistance" means | 52244 |
| medical assistance provided through the medical assistance program | 52245 |
| established under section 5111.01 of the Revised Code; Ohio works | 52246 |
| first provided under Chapter 5107. of the Revised Code; | 52247 |
| prevention, retention, and contingency benefits and services | 52248 |
| provided under Chapter 5108. of the Revised Code; disability | 52249 |
| financial assistance provided under Chapter 5115. of the Revised | 52250 |
| Code; or disability medical assistance provided under former | 52251 |
| Chapter 5115. of the Revised Code. | 52252 |
| Sec. 5101.46. (A) As used in this section: | 52253 |
| (1) "Title XX" means Title XX of the "Social Security Act," | 52254 |
| 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended. | 52255 |
| (2) "Respective local agency" means, with respect to the | 52256 |
| department of job and family services, a county department of job | 52257 |
| and family services; with respect to the department of mental | 52258 |
| health, a board of alcohol, drug addiction, and mental health | 52259 |
| services; and with respect to the department of mental retardation | 52260 |
| and developmental disabilities, a county board of mental | 52261 |
| retardation and developmental disabilities. | 52262 |
| (3) "Federal poverty guidelines" means the poverty guidelines | 52263 |
| as revised annually by the United States department of health and | 52264 |
| human services in accordance with section 673(2) of the "Omnibus | 52265 |
| Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A. | 52266 |
| 9902, as amended, for a family size equal to the size of the | 52267 |
| family of the person whose income is being determined. | 52268 |
| (B) The departments of job and family services, mental | 52269 |
| health, and mental retardation and developmental disabilities, | 52270 |
| with their respective local agencies, shall administer the | 52271 |
| provision of social services funded through grants made under | 52272 |
| Title XX. The social services furnished with Title XX funds shall | 52273 |
| be directed at the following goals: | 52274 |
| (1) Achieving or maintaining economic self-support to | 52275 |
| prevent, reduce, or eliminate dependency; | 52276 |
| (2) Achieving or maintaining self-sufficiency, including | 52277 |
| reduction or prevention of dependency; | 52278 |
| (3) Preventing or remedying neglect, abuse, or exploitation | 52279 |
| of children and adults unable to protect their own interests, or | 52280 |
| preserving, rehabilitating, or reuniting families; | 52281 |
| (4) Preventing or reducing inappropriate institutional care | 52282 |
| by providing for community-based care, home-based care, or other | 52283 |
| forms of less intensive care; | 52284 |
| (5) Securing referral or admission for institutional care | 52285 |
| when other forms of care are not appropriate, or providing | 52286 |
| services to individuals in institutions. | 52287 |
| (C)(1) All federal funds received under Title XX shall be | 52288 |
| appropriated as follows: | 52289 |
| (a) Seventy-two and one-half per cent to the department of | 52290 |
| job and family services; | 52291 |
| (b) Twelve and ninety-three one-hundreths per cent to the | 52292 |
| department of mental health; | 52293 |
| (c) Fourteen and fifty-seven one-hundreths per cent to the | 52294 |
| department of mental retardation and developmental disabilities. | 52295 |
| (2) Each state department shall, subject to the approval of | 52296 |
| the controlling board, develop formulas for the distribution of | 52297 |
| their Title XX appropriations to their respective local agencies. | 52298 |
| The formulas shall take into account the total population of the | 52299 |
| area that is served by the agency, the percentage of the | 52300 |
| population in the area that falls below the federal poverty | 52301 |
| guidelines, and the agency's history of and ability to utilize | 52302 |
| Title XX funds. | 52303 |
| (3) Each of the state departments shall expend no more than | 52304 |
| three per cent of its Title XX appropriation for state | 52305 |
| administrative costs. Each of the department's respective local | 52306 |
| agencies shall expend no more than fourteen per cent of its Title | 52307 |
| XX appropriation for local administrative costs. | 52308 |
| (4) The department of job and family services shall expend no | 52309 |
| more than two per cent of its Title XX appropriation for the | 52310 |
| training of the following: | 52311 |
| (a) Employees of county departments of job and family | 52312 |
| services; | 52313 |
| (b) Providers of services under contract with the state | 52314 |
| departments' respective local agencies; | 52315 |
| (c) Employees of a public children services agency directly | 52316 |
| engaged in providing Title XX services. | 52317 |
| (D) The department of job and family services shall prepare a | 52318 |
| biennial comprehensive Title XX social services plan on the | 52319 |
| intended use of Title XX funds. The department shall develop a | 52320 |
| method for obtaining public comment during the development of the | 52321 |
| plan and following its completion. | 52322 |
| For each state fiscal year, the department of job and family | 52323 |
| services shall prepare a report on the actual use of Title XX | 52324 |
| funds. The department shall make the annual report available for | 52325 |
| public inspection. | 52326 |
| The departments of mental health and mental retardation and | 52327 |
| developmental disabilities shall prepare and submit to the | 52328 |
| department of job and family services the portions of each | 52329 |
| biennial plan and annual report that apply to services for mental | 52330 |
| health and mental retardation and developmental disabilities. Each | 52331 |
| respective local agency of the three state departments shall | 52332 |
| submit information as necessary for the preparation of biennial | 52333 |
| plans and annual reports. | 52334 |
| (E) Each county department shall adopt a county profile for | 52335 |
| the administration and provision of Title XX social services in | 52336 |
| the county. In developing its county profile, the county | 52337 |
| department shall take into consideration the comments and | 52338 |
| recommendations received from the public by the county family | 52339 |
| services planning committee pursuant to section 329.06 of the | 52340 |
| Revised Code. As part of its preparation of the county profile, | 52341 |
| the county department may prepare a local needs report analyzing | 52342 |
| the need for Title XX social services. | 52343 |
| The county department shall submit the county profile to the | 52344 |
| board of county commissioners for its review. Once the county | 52345 |
| profile has been approved by the board, the county department | 52346 |
| shall file a copy of the county profile with the department of job | 52347 |
| and family services. The department shall approve the county | 52348 |
| profile if the department determines the profile provides for the | 52349 |
| Title XX social services to meet the goals specified in division | 52350 |
| (B) of this section. | 52351 |
| (F) | 52352 |
| 52353 | |
| 52354 | |
| 52355 | |
| 52356 | |
| 52357 | |
| 52358 | |
| 52359 | |
| 52360 |
| | 52361 |
| local agencies may require that an entity under contract to | 52362 |
| provide social services with Title XX funds submit to an audit on | 52363 |
| the basis of
alleged misuse or improper accounting of funds. | 52364 |
| If an audit is required, the social services provider shall | 52365 |
| reimburse the state department or local agency for the cost it | 52366 |
| incurred in conducting the audit or having the audit conducted. | 52367 |
| If an audit demonstrates that a social services provider is | 52368 |
| responsible for one or more adverse findings, the provider shall | 52369 |
| reimburse the appropriate state department or its respective local | 52370 |
| agency the amount of the adverse findings. The amount shall not be | 52371 |
| reimbursed with Title XX funds received under this section. The | 52372 |
| three state departments and their respective local agencies may | 52373 |
| terminate or refuse to enter into a Title XX contract with a | 52374 |
| 52375 | |
| in an audit that
are the responsibility of the provider. | 52376 |
| 52377 | |
| 52378 | |
| 52379 |
| | 52380 |
| 52381 | |
| 52382 | |
| 52383 | |
| 52384 | |
| 52385 | |
| 52386 |
| | 52387 |
| 52388 |
| | 52389 |
| 52390 | |
| 52391 | |
| 52392 |
| | 52393 |
| 52394 | |
| 52395 | |
| 52396 | |
| 52397 | |
| 52398 |
| | 52399 |
|
rules
| 52400 |
| section. Rules | 52401 |
| 52402 | |
| 52403 | |
| 52404 | |
| the department or matters between the department and county | 52405 |
| departments of job and family services shall be adopted as | 52406 |
| internal management rules | 52407 |
| section 111.15 of the Revised Code. Rules governing eligibility | 52408 |
| for services, program participation, and other matters pertaining | 52409 |
| to applicants and participants shall be adopted in accordance with | 52410 |
| Chapter 119. of the Revised Code. | 52411 |
| Sec. 5101.461. (A) As used in this section: | 52412 |
| (1) "Title IV-A" means Title IV-A of the "Social Security | 52413 |
| Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended. | 52414 |
| (2) "Title XX" has the same meaning as in section 5101.46 of | 52415 |
| the Revised Code. | 52416 |
| (B) To the extent authorized by federal law, the department | 52417 |
| of job and family services may use funds received through the | 52418 |
| Title IV-A temporary assistance for needy families block grant for | 52419 |
| purposes of providing Title XX social services. The amount used | 52420 |
| under this section shall not exceed the maximum amount permitted | 52421 |
| by federal law. The funds and provision of Title XX social | 52422 |
| services with the funds are not subject to section 5101.46 of the | 52423 |
| Revised Code. | 52424 |
| (C) The department and any county department of job and | 52425 |
| family services may require an entity under contract to provide | 52426 |
| Title XX social services with funds used under this section to | 52427 |
| submit to an audit on the basis of alleged misuse or improper | 52428 |
| accounting of funds. If an audit is required, the social services | 52429 |
| provider shall reimburse the state department or county department | 52430 |
| for the cost it incurred in conducting the audit or having the | 52431 |
| audit conducted. | 52432 |
| If an audit demonstrates that a social services provider is | 52433 |
| responsible for one or more adverse findings, the provider shall | 52434 |
| reimburse the state department or county department the amount of | 52435 |
| the adverse findings. The amount shall not be reimbursed with | 52436 |
| funds received under this section. The state department and county | 52437 |
| departments may terminate or refuse to enter into a contract with | 52438 |
| a social services provider to provide services with funds | 52439 |
| available pursuant to this section if there are adverse findings | 52440 |
| in an audit that are the responsibility of the provider. | 52441 |
| (D) The state department of job and family services may adopt | 52442 |
| rules to implement and carry out the purposes of this section. | 52443 |
| Rules governing financial and operational matters of the | 52444 |
| department or matters between the department and county | 52445 |
| departments of job and family services shall be adopted as | 52446 |
| internal management rules in accordance with section 111.15 of the | 52447 |
| Revised Code. Rules governing eligibility for services, program | 52448 |
| participation, and other matters pertaining to applicants and | 52449 |
| participants shall be adopted in accordance with Chapter 119. of | 52450 |
| the Revised Code. | 52451 |
| Sec. 5101.47. (A) | 52452 |
| this section, the director of job and family services may accept | 52453 |
| applications, determine eligibility, redetermine eligibility, and | 52454 |
| perform related administrative activities for one or more of the | 52455 |
| following: | 52456 |
| (1) The medicaid program established by Chapter 5111. of the | 52457 |
| Revised Code; | 52458 |
| (2) The children's health insurance program parts I and II | 52459 |
| provided for under sections 5101.50 and 5101.51 of the Revised | 52460 |
| Code; | 52461 |
| (3) Publicly funded child care provided under Chapter 5104. | 52462 |
| of the Revised Code; | 52463 |
| (4) The food stamp program administered by the department of | 52464 |
| job and family services pursuant to section 5101.54 of the Revised | 52465 |
| Code; | 52466 |
| (5) Other programs the director determines are supportive of | 52467 |
|
children, adults, or families | 52468 |
| (6) Other programs regarding which the director determines | 52469 |
| administrative cost savings and efficiency may be achieved through | 52470 |
| the department accepting applications, determining eligibility, | 52471 |
| redetermining eligibility, or performing related administrative | 52472 |
| activities. | 52473 |
| (B) If federal law requires a face-to-face interview to | 52474 |
| complete an eligibility determination for a program specified in | 52475 |
| or pursuant to division (A) of this section, the face-to-face | 52476 |
| interview shall not be conducted by the department of job and | 52477 |
| family services. | 52478 |
| (C) Subject to division (B) of this section, if the director | 52479 |
| elects to accept applications, determine eligibility, redetermine | 52480 |
| eligibility, and perform related administrative activities for a | 52481 |
| program specified in or pursuant to division (A) of this section, | 52482 |
| both of the following apply: | 52483 |
| (1) An individual seeking services under the program may | 52484 |
| apply for the program to the director or to the entity that state | 52485 |
| law governing the program authorizes to accept applications for | 52486 |
| the program. | 52487 |
| (2) The director is subject to federal statutes and | 52488 |
| regulations and state | 52489 |
| or prohibit an action regarding accepting applications, | 52490 |
| determining or redetermining eligibility, and performing related | 52491 |
| administrative activities for the program. | 52492 |
| | 52493 |
| this section. | 52494 |
| Sec. 5101.80. (A) As used in this section and in section | 52495 |
| 5101.801 of the Revised Code: | 52496 |
| (1) "County family services agency" has the same meaning as | 52497 |
| in section 307.981 of the Revised Code. | 52498 |
| (2) "State agency" has the same meaning as in section 9.82 of | 52499 |
| the Revised Code. | 52500 |
| (3) "Title IV-A administrative agency" means both of the | 52501 |
| following: | 52502 |
| (a) A county family services agency or state agency | 52503 |
| administering a Title IV-A program under the supervision of the | 52504 |
| department of job and family services; | 52505 |
| (b) A government agency or private, not-for-profit entity | 52506 |
| administering a project funded in whole or in part with funds | 52507 |
| provided under the Title IV-A demonstration program created under | 52508 |
| section 5101.803 of the Revised Code. | 52509 |
| (4) "Title IV-A program" means all of the following that are | 52510 |
| funded in part with funds provided under the temporary assistance | 52511 |
| for needy families block grant established by Title IV-A of the | 52512 |
| "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as | 52513 |
| amended: | 52514 |
| (a) The Ohio works first program established under Chapter | 52515 |
| 5107. of the Revised Code; | 52516 |
| (b) The prevention, retention, and contingency program | 52517 |
| established under Chapter 5108. of the Revised Code; | 52518 |
| (c) A program established by the general assembly or an | 52519 |
| executive order issued by the governor that is administered or | 52520 |
| supervised by the department of job and family services pursuant | 52521 |
| to section 5101.801 of the Revised Code; | 52522 |
| (d) The kinship permanency incentive program created under | 52523 |
| section 5101.802 of the Revised Code; | 52524 |
| (e) The Title IV-A demonstration program created under | 52525 |
| section 5101.803 of the Revised Code; | 52526 |
| (f) A component of a Title IV-A program identified under | 52527 |
|
divisions (A) | 52528 |
| IV-A state plan prepared under division (C)(1) of this section | 52529 |
| identifies as a component. | 52530 |
| (B) The department of job and family services shall act as | 52531 |
| the single state agency to administer and supervise the | 52532 |
| administration of Title IV-A programs. The Title IV-A state plan | 52533 |
| and amendments to the plan prepared under division (C) of this | 52534 |
|
section are binding on | 52535 |
| 52536 | |
| agencies. No | 52537 |
| 52538 | |
| establish, by rule or otherwise, a policy governing | 52539 |
| IV-A program that is inconsistent with a Title IV-A program policy | 52540 |
| established, in rule or otherwise, by the director of job and | 52541 |
| family services. | 52542 |
| (C) The department of job and family services shall do all of | 52543 |
| the following: | 52544 |
| (1) Prepare and submit to the United States secretary of | 52545 |
| health and human services a Title IV-A state plan for Title IV-A | 52546 |
| programs; | 52547 |
| (2) Prepare and submit to the United States secretary of | 52548 |
| health and human services amendments to the Title IV-A state plan | 52549 |
| that the department determines necessary, including amendments | 52550 |
|
necessary to implement Title IV-A programs identified in | 52551 |
| divisions
(A) | 52552 |
| (3) Prescribe forms for applications, certificates, reports, | 52553 |
|
records, and accounts of | 52554 |
| 52555 | |
| agencies, and other matters related to Title IV-A programs; | 52556 |
| (4) Make such reports, in such form and containing such | 52557 |
| information as the department may find necessary to assure the | 52558 |
| correctness and verification of such reports, regarding Title IV-A | 52559 |
| programs; | 52560 |
| (5) Require reports and information from each | 52561 |
| 52562 | |
| 52563 | |
| regarding
| 52564 |
| (6) Afford a fair hearing in accordance with section 5101.35 | 52565 |
| of the Revised Code to any applicant for, or participant or former | 52566 |
| participant of, a Title IV-A program aggrieved by a decision | 52567 |
| regarding the program; | 52568 |
| (7) Administer and expend, pursuant to Chapters 5104., 5107., | 52569 |
| and
5108. of the Revised Code
and | 52570 |
| 5101.802, and 5101.803 of the Revised Code, any sums appropriated | 52571 |
| by the general assembly for the purpose of those chapters and | 52572 |
| 52573 | |
| of the treasury of the United States as authorized by Title IV-A | 52574 |
| of the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. | 52575 |
| 601, as amended; | 52576 |
| (8) Conduct investigations and audits as are necessary | 52577 |
| regarding Title IV-A programs; | 52578 |
| (9) Enter into reciprocal agreements with other states | 52579 |
| relative to the provision of Ohio works first and prevention, | 52580 |
| retention, and contingency to residents and nonresidents; | 52581 |
| (10) Contract with a private entity to conduct an independent | 52582 |
| on-going evaluation of the Ohio works first program and the | 52583 |
| prevention, retention, and contingency program. The contract must | 52584 |
| require the private entity to do all of the following: | 52585 |
| (a) Examine issues of process, practice, impact, and | 52586 |
| outcomes; | 52587 |
| (b) Study former participants of Ohio works first who have | 52588 |
| not participated in Ohio works first for at least one year to | 52589 |
| determine whether they are employed, the type of employment in | 52590 |
| which they are engaged, the amount of compensation they are | 52591 |
| receiving, whether their employer provides health insurance, | 52592 |
| whether and how often they have received benefits or services | 52593 |
| under the prevention, retention, and contingency program, and | 52594 |
| whether they are successfully self sufficient; | 52595 |
| (c) Provide the department with reports at times the | 52596 |
| department specifies. | 52597 |
| (11) Not later than January 1, 2001, and the first day of | 52598 |
| each January and July thereafter, prepare a report containing | 52599 |
| information on the following: | 52600 |
| (a) Individuals exhausting the time limits for participation | 52601 |
| in Ohio works first set forth in section 5107.18 of the Revised | 52602 |
| Code. | 52603 |
| (b) Individuals who have been exempted from the time limits | 52604 |
| set forth in section 5107.18 of the Revised Code and the reasons | 52605 |
| for the exemption. | 52606 |
| | 52607 |
| 52608 | |
| 52609 | |
| 52610 | |
| 52611 | |
| 52612 | |
| 52613 | |
| 52614 | |
| 52615 | |
| 52616 |
| | 52617 |
| 52618 | |
| 52619 | |
| 52620 |
| (D) The department shall provide copies of the reports it | 52621 |
| receives under division (C)(10) of this section and prepares under | 52622 |
| 52623 | |
| governor, the president and minority leader of the senate, and the | 52624 |
| speaker and minority leader of the house of representatives. The | 52625 |
| department shall provide copies of the reports to any private or | 52626 |
| government entity on request. | 52627 |
| (E) An authorized representative of the department or a | 52628 |
| county family services agency or state agency administering a | 52629 |
| Title IV-A program shall have access to all records and | 52630 |
| information bearing thereon for the purposes of investigations | 52631 |
| conducted pursuant to this section. An authorized representative | 52632 |
| of a government entity or private, not-for-profit entity | 52633 |
| administering a project funded in whole or in part with funds | 52634 |
| provided under the Title IV-A demonstration program shall have | 52635 |
| access to all records and information bearing on the project for | 52636 |
| the purpose of investigations conducted pursuant to this section. | 52637 |
| Sec. 5101.801. (A) Except as otherwise provided by the law | 52638 |
| enacted by the general assembly or executive order issued by the | 52639 |
| governor establishing the Title IV-A program, a Title IV-A program | 52640 |
|
identified under division (A) | 52641 |
| section 5101.80 of the Revised Code shall provide benefits and | 52642 |
| services that are not "assistance" as defined in 45 C.F.R. | 52643 |
| 260.31(a) and are benefits and services that 45 C.F.R. 260.31(b) | 52644 |
| excludes from the definition of assistance. | 52645 |
| (B)(1) Except as otherwise provided by the law enacted by the | 52646 |
| general assembly or executive order issued by the governor | 52647 |
| establishing the Title IV-A program, the department of job and | 52648 |
| family services shall do either of the following regarding a Title | 52649 |
|
IV-A program identified under division (A) | 52650 |
| or (f) of section 5101.80 of the Revised Code: | 52651 |
| | 52652 |
| services agency's administration of the program; | 52653 |
| | 52654 |
| agency for the state agency to administer the program under the | 52655 |
| department's supervision. | 52656 |
| (2) The department may enter into an agreement with a | 52657 |
| government entity and, to the extent permitted by federal law, a | 52658 |
| private, not-for-profit entity for the entity to receive funding | 52659 |
| for a project under the Title IV-A demonstration program. | 52660 |
| (C) | 52661 |
| 52662 | |
| 52663 | |
| 52664 | |
| rules
governing | 52665 |
| divisions (A)(4)(c), (d), (e), and (f) of section 5101.80 of the | 52666 |
| Revised Code. Rules governing financial and operational matters of | 52667 |
| the department or between the department and | 52668 |
| services | 52669 |
| rules adopted in accordance with section 111.15 of the Revised | 52670 |
| Code. All other rules shall be adopted in accordance with Chapter | 52671 |
| 119. of the Revised Code. | 52672 |
| (D) If the department enters into an | 52673 |
| regarding a Title IV-A program identified under division | 52674 |
| (A) | 52675 |
| Code pursuant to division (B)(1)(b) or (2) of this section, the | 52676 |
| agreement shall include at least all of the following: | 52677 |
| (1) A requirement that the state agency or entity comply with | 52678 |
| the requirements for the program or project, including all of the | 52679 |
| following requirements established by federal statutes and | 52680 |
| regulations, state statutes and rules, the United States office of | 52681 |
| management and budget, and the Title IV-A state plan prepared | 52682 |
| under section 5101.80 of the Revised Code: | 52683 |
| (a) Eligibility; | 52684 |
| (b) Reports; | 52685 |
| (c) Benefits and services; | 52686 |
| (d) Use of funds; | 52687 |
| (e) Appeals for applicants for, and recipients and former | 52688 |
| recipients of, the benefits and services; | 52689 |
| (f) Audits. | 52690 |
| (2) A complete description of all of the following: | 52691 |
| (a) The benefits and services that the program or project is | 52692 |
| to provide; | 52693 |
| (b) The methods of program or project administration; | 52694 |
| (c) The appeals process under section 5101.35 of the Revised | 52695 |
| Code for applicants for, and recipients and former recipients of, | 52696 |
|
the | 52697 |
| (d) Other | 52698 |
| department requires be included. | 52699 |
| (3) Procedures for the department to approve a policy, | 52700 |
| established by rule or otherwise, that the state agency or entity | 52701 |
| establishes for the program or project before the policy is | 52702 |
| established; | 52703 |
| (4) Provisions regarding how the department is to reimburse | 52704 |
| the state agency or entity for allowable expenditures under the | 52705 |
| program or project that the department approves, including all of | 52706 |
| the following: | 52707 |
| (a) Limitations on administrative costs; | 52708 |
| (b) The department, at its discretion, | 52709 |
| either of the following: | 52710 |
| (i) Withholding no more than five per cent of the funds that | 52711 |
| the department would otherwise provide to the state agency or | 52712 |
| entity for the program or | 52713 |
| (ii) Charging the state agency or entity for the costs to the | 52714 |
| department of performing, or contracting for the performance of, | 52715 |
| audits and other administrative functions associated with the | 52716 |
| program or project. | 52717 |
| (5) If the state agency or entity arranges by contract, | 52718 |
| grant, or other agreement for another entity to perform a function | 52719 |
| the state agency or entity would otherwise perform regarding the | 52720 |
| program or project, the state
| 52721 |
| responsibilities for both of the following: | 52722 |
| (a) Ensuring that the other entity complies with the | 52723 |
| 52724 | |
| department and federal statutes and regulations and state statutes | 52725 |
| and rules governing the use of funds for the program or project; | 52726 |
| (b) Auditing the other entity in accordance with requirements | 52727 |
| established by the United States office of management and budget. | 52728 |
| (6) The state | 52729 |
| regarding the prompt payment, including any interest assessed, of | 52730 |
| any adverse audit finding, final disallowance of federal funds, or | 52731 |
| other sanction or penalty imposed by the federal government, | 52732 |
| auditor of state, department, a court, or other entity regarding | 52733 |
| funds for the program or project; | 52734 |
| (7) Provisions for the department to terminate the | 52735 |
| 52736 | |
| agency or entity if either of the following occur: | 52737 |
| (a) The federal government disapproves the program or project | 52738 |
| or reduces federal funds for the program or project; | 52739 |
| (b) The state agency or entity fails to comply with the terms | 52740 |
| of the
| 52741 |
| (8) Provisions for both of the following: | 52742 |
| (a) The department and state agency or entity determining the | 52743 |
| performance outcomes expected for the program or project; | 52744 |
| (b) An evaluation of the program or project to determine its | 52745 |
| success in achieving the performance outcomes determined under | 52746 |
| division (D)(8)(a) of this section. | 52747 |
| (E) To the extent consistent with the law enacted by the | 52748 |
| general assembly or executive order issued by the governor | 52749 |
| establishing the Title IV-A program and subject to the approval of | 52750 |
| the director of budget and management, the director of job and | 52751 |
| family services may terminate a Title IV-A program identified | 52752 |
|
under division (A) | 52753 |
| 5101.80 of the Revised Code or reduce funding for the program if | 52754 |
| the director of job and family services determines that federal or | 52755 |
| state funds are insufficient to fund the program. If the director | 52756 |
| of budget and management approves the termination or reduction in | 52757 |
| funding for such a program, the director of job and family | 52758 |
| services shall issue instructions for the termination or funding | 52759 |
| reduction. If a
| 52760 |
| administrative agency is administering the
program, the | 52761 |
| 52762 | |
| or funding reduction and shall comply with the director's | 52763 |
| instructions. | 52764 |
| (F) The director of job and family services may adopt | 52765 |
| internal management rules in accordance with section 111.15 of the | 52766 |
| Revised Code as necessary to implement this section. The rules are | 52767 |
| binding on each | 52768 |
| 52769 | |
| 52770 | |
| 52771 |
| Sec. 5101.802. (A) As used in this section: | 52772 |
| (1) "Custodian," "guardian," and "minor child" have the same | 52773 |
| meanings as in section 5107.02 of the Revised Code. | 52774 |
| (2) "Federal poverty guidelines" has the same meaning as in | 52775 |
| section 5101.46 of the Revised Code. | 52776 |
| (3) "Kinship caregiver" has the same meaning as in section | 52777 |
| 5101.85 of the Revised Code. | 52778 |
| (B) Subject to division (E) of section 5101.801 of the | 52779 |
| Revised Code, there is hereby created the kinship permanency | 52780 |
| incentive program to promote permanency for a minor child in the | 52781 |
| legal and physical custody of a kinship caregiver. The program | 52782 |
| shall provide an initial one-time incentive payment to the kinship | 52783 |
| caregiver to defray the costs of initial placement of the minor | 52784 |
| child in the kinship caregiver's home. The program may provide | 52785 |
| additional permanency incentive payments for the minor child at | 52786 |
| six month intervals for a total period not to exceed thirty-six | 52787 |
| months. | 52788 |
| (C) A kinship caregiver may participate in the program if all | 52789 |
| of the following requirements are met: | 52790 |
| (1) The kinship caregiver applies to a public children | 52791 |
| services agency in accordance with the application process | 52792 |
| established in rules authorized by division (E) of this section; | 52793 |
| (2) The minor child the kinship caregiver is caring for is a | 52794 |
| child with special needs as that term is defined in rules adopted | 52795 |
| under section 5153.163 of the Revised Code; | 52796 |
| (3) A juvenile court has adjudicated the minor child to be an | 52797 |
| abused, neglected, dependent, or unruly child and determined that | 52798 |
| it is in the child's best interest to be in the legal custody of | 52799 |
| the kinship caregiver or the probate court has determined that it | 52800 |
| is in the child's best interest to be in the guadianship of the | 52801 |
| kinship caregiver; | 52802 |
| (4) The kinship caregiver is either the minor child's | 52803 |
| custodian or guardian; | 52804 |
| (5) The minor child resides with the kinship caregiver | 52805 |
| pursuant to a placement approval process established in rules | 52806 |
| authorized by division (E) of this section; | 52807 |
| (6) The gross income of the kinship caregiver's family, | 52808 |
| including the minor child, does not exceed two hundred per cent of | 52809 |
| the federal poverty guidelines. | 52810 |
| (D) Public children services agencies shall make initial and | 52811 |
| ongoing eligibility determinations for the kinship permanency | 52812 |
| incentive program in accordance with rules authorized by division | 52813 |
| (E) of this section. The director of job and family services shall | 52814 |
| supervise public children services agencies' duties under this | 52815 |
| section. | 52816 |
| (E) The director of job and family services shall adopt rules | 52817 |
| under division (C) of section 5101.801 of the Revised Code as | 52818 |
| necessary to implement the kinship permanency incentive program. | 52819 |
| The rules shall establish all of the following: | 52820 |
| (1) The application process for the program; | 52821 |
| (2) The placement approval process through which a minor | 52822 |
| child is placed with a kinship caregiver for the kinship caregiver | 52823 |
| to be eligible for the program; | 52824 |
| (3) The initial and ongoing eligibility determination process | 52825 |
| for the program; | 52826 |
| (4) The amount of the incentive payments provided under the | 52827 |
| program; | 52828 |
| (5) The method by which the incentive payments are provided | 52829 |
| to a kinship caregiver, which shall not require a public children | 52830 |
| services agency to seek reimbursement from the department of job | 52831 |
| and family services; | 52832 |
| (6) Anything else the director considers necessary to | 52833 |
| implement the program. | 52834 |
| (F) The director shall begin implementation of the kinship | 52835 |
| permanency incentive program no later than January 1, 2006. | 52836 |
| Sec. 5101.803. (A) Subject to division (E) of section | 52837 |
| 5101.801 of the Revised Code, there is hereby created the Title | 52838 |
| IV-A demonstration program to provide funding for innovative and | 52839 |
| promising prevention and intervention projects that meet one or | 52840 |
| more of the four purposes of the temporary assistance for needy | 52841 |
| families block grant as specified in 42 U.S.C. 601 and are for | 52842 |
| individuals with specific and multiple barriers to achieving or | 52843 |
| maintaining self-sufficiency and personal responsibility. The | 52844 |
| department of job and family services may provide funding for such | 52845 |
| projects to government entities and, to the extent permitted by | 52846 |
| federal law, private, not-for-profit entities with which the | 52847 |
| department enters into agreements under division (B)(2) of section | 52848 |
| 5101.801 of the Revised Code. | 52849 |
| In accordance with criteria the department develops, the | 52850 |
| department may solicit proposals for entities seeking to enter | 52851 |
| into an agreement with the department under division (B)(2) of | 52852 |
| section 5101.801 of the Revised Code. The department may enter | 52853 |
| into such agreements with entities that do both of the following: | 52854 |
| (1) Meet the proposals' criteria; | 52855 |
| (2) If the entity's proposed project does not potentially | 52856 |
| affect persons in each county of the state, provides the | 52857 |
| department evidence that the entity has notified, in writing, the | 52858 |
| county department of job and family services of each county where | 52859 |
| persons may be affected by the implementation of the project. | 52860 |
| (B) In developing the criteria, soliciting the proposals, and | 52861 |
| entering in the agreements, the department shall comply with all | 52862 |
| applicable federal and state laws, the Title IV-A state plan | 52863 |
| submitted to the United States secretary of health and human | 52864 |
| services under section 5101.80 of the Revised Code, amendments to | 52865 |
| the Title IV-A state plan submitted to the United States secretary | 52866 |
| under that section, and federal waivers the United States | 52867 |
| secretary grants. | 52868 |
| (C) The department shall begin implementation of the Title | 52869 |
| IV-A demonstration program no later than January 1, 2006. | 52870 |
| Sec. 5101.821. Except as otherwise approved by the director | 52871 |
| of budget and management, the department of job and family | 52872 |
| services shall deposit federal funds received under Title IV-A of | 52873 |
| the "Social Security Act," 42 U.S.C.A. 601, 110 Stat. 2113 (1996), | 52874 |
| into the temporary assistance for needy families (TANF) federal | 52875 |
| fund, which is hereby created in the state treasury. The | 52876 |
| department shall use money in the fund for the Ohio works first | 52877 |
| program established under Chapter 5107. of the Revised Code; the | 52878 |
| prevention, retention, and contingency program established under | 52879 |
| Chapter 5108. of the Revised Code; social services provided | 52880 |
| pursuant to section 5101.461 of the Revised Code; and any other | 52881 |
| purposes consistent with Title IV-A, federal regulations, federal | 52882 |
| waivers granted by the United States secretary of health and human | 52883 |
| services, state law, the Title IV-A state plan and amendments | 52884 |
| submitted to the United States secretary of health and human | 52885 |
| services under section 5101.80 of the Revised Code, and rules | 52886 |
| adopted by the department under section 5107.05 of the Revised | 52887 |
| Code. | 52888 |
| Sec. 5101.93. The department of job and family services shall | 52889 |
| apply to the United States secretary of health and human services | 52890 |
| for a waiver of federal medicaid requirements if necessary to | 52891 |
| fulfill the requirements of section 1751.89 of the Revised Code. | 52892 |
| Sec. 5101.94. (A) The director of job and family services | 52893 |
| shall determine whether a waiver of federal medicaid requirements | 52894 |
| is necessary to fulfill the requirements of section 3901.3814 of | 52895 |
| the Revised Code. If the director determines a waiver is | 52896 |
| necessary, the department of job and family services shall apply | 52897 |
| to the United States secretary of health and human services for | 52898 |
| the waiver. | 52899 |
| (B)(1) If the director determines that section 3901.3814 of | 52900 |
| the Revised Code can be implemented without a waiver or a waiver | 52901 |
| is granted, the department shall notify the department of | 52902 |
| insurance that the section can be implemented. Implementation of | 52903 |
| the section shall be effective sixty days after the notice is | 52904 |
| sent. | 52905 |
| (2) At the time the notice is given under division (B)(1) of | 52906 |
| this section, the department shall also give notice to each health | 52907 |
| insuring corporation that provides coverage to medicaid | 52908 |
| recipients. The notice shall inform the corporation that sections | 52909 |
| 3901.38 and 3901.381 to 3901.3814 of the Revised Code apply to | 52910 |
| claims for services rendered to recipients on the date determined | 52911 |
| under division (B)(1) of this section. That date shall be | 52912 |
| specified in the notice. | 52913 |
| Sec. 5104.01. As used in this chapter: | 52914 |
| (A) "Administrator" means the person responsible for the | 52915 |
| daily operation of a center or type A home. The administrator and | 52916 |
| the owner may be the same person. | 52917 |
| (B) "Approved child day camp" means a child day camp approved | 52918 |
| pursuant to section 5104.22 of the Revised Code. | 52919 |
| (C) "Authorized provider" means a person authorized by a | 52920 |
| county director of job and family services to operate a certified | 52921 |
| type B family day-care home. | 52922 |
| (D) "Border state child care provider" means a child care | 52923 |
| provider that is located in a state bordering Ohio and that is | 52924 |
| licensed, certified, or otherwise approved by that state to | 52925 |
| provide child care. | 52926 |
| (E) "Caretaker parent" means the father or mother of a child | 52927 |
| whose presence in the home is needed as the caretaker of the | 52928 |
| child, a person who has legal custody of a child and whose | 52929 |
| presence in the home is needed as the caretaker of the child, a | 52930 |
| guardian of a child whose presence in the home is needed as the | 52931 |
| caretaker of the child, and any other person who stands in loco | 52932 |
| parentis with respect to the child and whose presence in the home | 52933 |
| is needed as the caretaker of the child. | 52934 |
| (F) "Certified type B family day-care home" and "certified | 52935 |
| type B home" mean a type B family day-care home that is certified | 52936 |
| by the director of the county department of job and family | 52937 |
| services pursuant to section 5104.11 of the Revised Code to | 52938 |
| receive public funds for providing child care pursuant to this | 52939 |
| chapter and any rules adopted under it. | 52940 |
| (G) "Chartered nonpublic school" means a school that meets | 52941 |
| standards for nonpublic schools prescribed by the state board of | 52942 |
| education for nonpublic schools pursuant to section 3301.07 of the | 52943 |
| Revised Code. | 52944 |
| (H) "Child" includes an infant, toddler, preschool child, or | 52945 |
| school child. | 52946 |
| (I) "Child care block grant act" means the "Child Care and | 52947 |
| Development Block Grant Act of 1990," established in section 5082 | 52948 |
| of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat. | 52949 |
| 1388-236 (1990), 42 U.S.C. 9858, as amended. | 52950 |
| (J) "Child day camp" means a program in which only school | 52951 |
| children attend or participate, that operates for no more than | 52952 |
| seven hours per day, that operates only during one or more public | 52953 |
| school district's regular vacation periods or for no more than | 52954 |
| fifteen weeks during the summer, and that operates outdoor | 52955 |
| activities for each child who attends or participates in the | 52956 |
| program for a minimum of fifty per cent of each day that children | 52957 |
| attend or participate in the program, except for any day when | 52958 |
| hazardous weather conditions prevent the program from operating | 52959 |
| outdoor activities for a minimum of fifty per cent of that day. | 52960 |
| For purposes of this division, the maximum seven hours of | 52961 |
| operation time does not include transportation time from a child's | 52962 |
| home to a child day camp and from a child day camp to a child's | 52963 |
| home. | 52964 |
| (K) "Child care" means administering to the needs of infants, | 52965 |
| toddlers, preschool children, and school children outside of | 52966 |
| school hours by persons other than their parents or guardians, | 52967 |
| custodians, or relatives by blood, marriage, or adoption for any | 52968 |
| part of the twenty-four-hour day in a place or residence other | 52969 |
| than a child's own home. | 52970 |
| (L) "Child day-care center" and "center" mean any place in | 52971 |
| which child care or publicly funded child care is provided for | 52972 |
| thirteen or more children at one time or any place that is not the | 52973 |
| permanent residence of the licensee or administrator in which | 52974 |
| child care or publicly funded child care is provided for seven to | 52975 |
| twelve children at one time. In counting children for the purposes | 52976 |
| of this division, any children under six years of age who are | 52977 |
| related to a licensee, administrator, or employee and who are on | 52978 |
| the premises of the center shall be counted. "Child day-care | 52979 |
| center" and "center" do not include any of the following: | 52980 |
| (1) A place located in and operated by a hospital, as defined | 52981 |
| in section 3727.01 of the Revised Code, in which the needs of | 52982 |
| children are administered to, if all the children whose needs are | 52983 |
| being administered to are monitored under the on-site supervision | 52984 |
| of a physician licensed under Chapter 4731. of the Revised Code or | 52985 |
| a registered nurse licensed under Chapter 4723. of the Revised | 52986 |
| Code, and the services are provided only for children who, in the | 52987 |
| opinion of the child's parent, guardian, or custodian, are | 52988 |
| exhibiting symptoms of a communicable disease or other illness or | 52989 |
| are injured; | 52990 |
| (2) A child day camp; | 52991 |
| (3) A place that provides child care, but not publicly funded | 52992 |
| child care, if all of the following apply: | 52993 |
| (a) An organized religious body provides the child care; | 52994 |
| (b) A parent, custodian, or guardian of at least one child | 52995 |
| receiving child care is on the premises and readily accessible at | 52996 |
| all times; | 52997 |
| (c) The child care is not provided for more than thirty days | 52998 |
| a year; | 52999 |
| (d) The child care is provided only for preschool and school | 53000 |
| children. | 53001 |
| (M) "Child care resource and referral service organization" | 53002 |
| means a community-based nonprofit organization that provides child | 53003 |
| care resource and referral services but not child care. | 53004 |
| (N) "Child care resource and referral services" means all of | 53005 |
| the following services: | 53006 |
| (1) Maintenance of a uniform data base of all child care | 53007 |
| providers in the community that are in compliance with this | 53008 |
| chapter, including current occupancy and vacancy data; | 53009 |
| (2) Provision of individualized consumer education to | 53010 |
| families seeking child care; | 53011 |
| (3) Provision of timely referrals of available child care | 53012 |
| providers to families seeking child care; | 53013 |
| (4) Recruitment of child care providers; | 53014 |
| (5) Assistance in the development, conduct, and dissemination | 53015 |
| of training for child care providers and provision of technical | 53016 |
| assistance to current and potential child care providers, | 53017 |
| employers, and the community; | 53018 |
| (6) Collection and analysis of data on the supply of and | 53019 |
| demand for child care in the community; | 53020 |
| (7) Technical assistance concerning locally, state, and | 53021 |
| federally funded child care and early childhood education | 53022 |
| programs; | 53023 |
| (8) Stimulation of employer involvement in making child care | 53024 |
| more affordable, more available, safer, and of higher quality for | 53025 |
| their employees and for the community; | 53026 |
| (9) Provision of written educational materials to caretaker | 53027 |
| parents and informational resources to child care providers; | 53028 |
| (10) Coordination of services among child care resource and | 53029 |
| referral service organizations to assist in developing and | 53030 |
| maintaining a statewide system of child care resource and referral | 53031 |
| services if required by the department of job and family services; | 53032 |
| (11) Cooperation with the county department of job and family | 53033 |
| services in encouraging the establishment of parent cooperative | 53034 |
| child care centers and parent cooperative type A family day-care | 53035 |
| homes. | 53036 |
| (O) "Child-care staff member" means an employee of a child | 53037 |
| day-care center or type A family day-care home who is primarily | 53038 |
| responsible for the care and supervision of children. The | 53039 |
| administrator may be a part-time child-care staff member when not | 53040 |
| involved in other duties. | 53041 |
| (P) "Drop-in child day-care center," "drop-in center," | 53042 |
| "drop-in type A family day-care home," and "drop-in type A home" | 53043 |
| mean a center or type A home that provides child care or publicly | 53044 |
| funded child care for children on a temporary, irregular basis. | 53045 |
| (Q) "Employee" means a person who either: | 53046 |
| (1) Receives compensation for duties performed in a child | 53047 |
| day-care center or type A family day-care home; | 53048 |
| (2) Is assigned specific working hours or duties in a child | 53049 |
| day-care center or type A family day-care home. | 53050 |
| (R) "Employer" means a person, firm, institution, | 53051 |
| organization, or agency that operates a child day-care center or | 53052 |
| type A family day-care home subject to licensure under this | 53053 |
| chapter. | 53054 |
| (S) "Federal poverty line" means the official poverty | 53055 |
| guideline as revised annually in accordance with section 673(2) of | 53056 |
| the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 | 53057 |
| U.S.C. 9902, as amended, for a family size equal to the size of | 53058 |
| the family of the person whose income is being determined. | 53059 |
| (T) "Head start program" means a comprehensive child | 53060 |
| development program that receives funds distributed under the | 53061 |
| "Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as | 53062 |
|
amended, | 53063 |
| and is licensed as a child day-care center. | 53064 |
| (U) "Income" means gross income, as defined in section | 53065 |
| 5107.10 of the Revised Code, less any amounts required by federal | 53066 |
| statutes or regulations to be disregarded. | 53067 |
| (V) "Indicator checklist" means an inspection tool, used in | 53068 |
| conjunction with an instrument-based program monitoring | 53069 |
| information system, that contains selected licensing requirements | 53070 |
| that are statistically reliable indicators or predictors of a | 53071 |
| child day-care center or type A family day-care home's compliance | 53072 |
| with licensing requirements. | 53073 |
| (W) "Infant" means a child who is less than eighteen months | 53074 |
| of age. | 53075 |
| (X) "In-home aide" means a person certified by a county | 53076 |
| director of job and family services pursuant to section 5104.12 of | 53077 |
| the Revised Code to provide publicly funded child care to a child | 53078 |
| in a child's own home pursuant to this chapter and any rules | 53079 |
| adopted under it. | 53080 |
| (Y) "Instrument-based program monitoring information system" | 53081 |
| means a method to assess compliance with licensing requirements | 53082 |
| for child day-care centers and type A family day-care homes in | 53083 |
| which each licensing requirement is assigned a weight indicative | 53084 |
| of the relative importance of the requirement to the health, | 53085 |
| growth, and safety of the children that is used to develop an | 53086 |
| indicator checklist. | 53087 |
| (Z) "License capacity" means the maximum number in each age | 53088 |
| category of children who may be cared for in a child day-care | 53089 |
| center or type A family day-care home at one time as determined by | 53090 |
| the director of job and family services considering building | 53091 |
| occupancy limits established by the department of commerce, number | 53092 |
| of available child-care staff members, amount of available indoor | 53093 |
| floor space and outdoor play space, and amount of available play | 53094 |
| equipment, materials, and supplies. | 53095 |
| (AA) "Licensed preschool program" or "licensed school child | 53096 |
| program" means a preschool program or school child program, as | 53097 |
| defined in section 3301.52 of the Revised Code, that is licensed | 53098 |
| by the department of education pursuant to sections 3301.52 to | 53099 |
| 3301.59 of the Revised Code. | 53100 |
| (BB) "Licensee" means the owner of a child day-care center or | 53101 |
| type A family day-care home that is licensed pursuant to this | 53102 |
| chapter and who is responsible for ensuring its compliance with | 53103 |
| this chapter and rules adopted pursuant to this chapter. | 53104 |
| (CC) "Operate a child day camp" means to operate, establish, | 53105 |
| manage, conduct, or maintain a child day camp. | 53106 |
| (DD) "Owner" includes a person, as defined in section 1.59 of | 53107 |
| the Revised Code, or government entity. | 53108 |
| (EE) "Parent cooperative child day-care center," "parent | 53109 |
| cooperative center," "parent cooperative type A family day-care | 53110 |
| home," and "parent cooperative type A home" mean a corporation or | 53111 |
| association organized for providing educational services to the | 53112 |
| children of members of the corporation or association, without | 53113 |
| gain to the corporation or association as an entity, in which the | 53114 |
| services of the corporation or association are provided only to | 53115 |
| children of the members of the corporation or association, | 53116 |
| ownership and control of the corporation or association rests | 53117 |
| solely with the members of the corporation or association, and at | 53118 |
| least one parent-member of the corporation or association is on | 53119 |
| the premises of the center or type A home during its hours of | 53120 |
| operation. | 53121 |
| (FF) "Part-time child day-care center," "part-time center," | 53122 |
| "part-time type A family day-care home," and "part-time type A | 53123 |
| home" mean a center or type A home that provides child care or | 53124 |
| publicly funded child care for no more than four hours a day for | 53125 |
| any child. | 53126 |
| (GG) "Place of worship" means a building where activities of | 53127 |
| an organized religious group are conducted and includes the | 53128 |
| grounds and any other buildings on the grounds used for such | 53129 |
| activities. | 53130 |
| (HH) "Preschool child" means a child who is three years old | 53131 |
| or older but is not a school child. | 53132 |
| (II) "Protective child care" means publicly funded child care | 53133 |
| for the direct care and protection of a child to whom either of | 53134 |
| the following applies: | 53135 |
| (1) A case plan prepared and maintained for the child | 53136 |
| pursuant to section 2151.412 of the Revised Code indicates a need | 53137 |
| for protective care and the child resides with a parent, | 53138 |
| stepparent, guardian, or another person who stands in loco | 53139 |
| parentis as defined in rules adopted under section 5104.38 of the | 53140 |
| Revised Code; | 53141 |
| (2) The child and the child's caretaker either temporarily | 53142 |
| reside in a facility providing emergency shelter for homeless | 53143 |
| families or are determined by the county department of job and | 53144 |
| family services to be homeless, and are otherwise ineligible for | 53145 |
| publicly funded child care. | 53146 |
| (JJ) "Publicly funded child care" means administering to the | 53147 |
| needs of infants, toddlers, preschool children, and school | 53148 |
| children under age thirteen during any part of the | 53149 |
| twenty-four-hour day by persons other than their caretaker parents | 53150 |
| for remuneration wholly or in part with federal or state funds, | 53151 |
| including funds available under the child care block grant act, | 53152 |
| Title IV-A, and Title XX, distributed by the department of job and | 53153 |
| family services. | 53154 |
| (KK) "Religious activities" means any of the following: | 53155 |
| worship or other religious services; religious instruction; Sunday | 53156 |
| school classes or other religious classes conducted during or | 53157 |
| prior to worship or other religious services; youth or adult | 53158 |
| fellowship activities; choir or other musical group practices or | 53159 |
| programs; meals; festivals; or meetings conducted by an organized | 53160 |
| religious group. | 53161 |
| (LL) "School child" means a child who is enrolled in or is | 53162 |
| eligible to be enrolled in a grade of kindergarten or above but is | 53163 |
| less than fifteen years old. | 53164 |
| (MM) "School child day-care center," "school child center," | 53165 |
| "school child type A family day-care home," and "school child type | 53166 |
| A family home" mean a center or type A home that provides child | 53167 |
| care for school children only and that does either or both of the | 53168 |
| following: | 53169 |
| (1) Operates only during that part of the day that | 53170 |
| immediately precedes or follows the public school day of the | 53171 |
| school district in which the center or type A home is located; | 53172 |
| (2) Operates only when the public schools in the school | 53173 |
| district in which the center or type A home is located are not | 53174 |
| open for instruction with pupils in attendance. | 53175 |
| (NN) "State median income" means the state median income | 53176 |
| calculated by the department of development pursuant to division | 53177 |
| (A)(1)(g) of section 5709.61 of the Revised Code. | 53178 |
| (OO) "Title IV-A" means Title IV-A of the "Social Security | 53179 |
| Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended. | 53180 |
| (PP) "Title XX" means Title XX of the "Social Security Act," | 53181 |
| 88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended. | 53182 |
| (QQ) "Toddler" means a child who is at least eighteen months | 53183 |
| of age but less than three years of age. | 53184 |
| (RR) "Type A family day-care home" and "type A home" mean a | 53185 |
| permanent residence of the administrator in which child care or | 53186 |
| publicly funded child care is provided for seven to twelve | 53187 |
| children at one time or a permanent residence of the administrator | 53188 |
| in which child care is provided for four to twelve children at one | 53189 |
| time if four or more children at one time are under two years of | 53190 |
| age. In counting children for the purposes of this division, any | 53191 |
| children under six years of age who are related to a licensee, | 53192 |
| administrator, or employee and who are on the premises of the type | 53193 |
| A home shall be counted. "Type A family day-care home" does not | 53194 |
| include a residence in which the needs of children are | 53195 |
| administered to, if all of the children whose needs are being | 53196 |
| administered to are siblings of the same immediate family and the | 53197 |
| residence is the home of the siblings. "Type A family day-care | 53198 |
| home" and "type A home" do not include any child day camp. | 53199 |
| (SS) "Type B family day-care home" and "type B home" mean a | 53200 |
| permanent residence of the provider in which child care is | 53201 |
| provided for one to six children at one time and in which no more | 53202 |
| than three children are under two years of age at one time. In | 53203 |
| counting children for the purposes of this division, any children | 53204 |
| under six years of age who are related to the provider and who are | 53205 |
| on the premises of the type B home shall be counted. "Type B | 53206 |
| family day-care home" does not include a residence in which the | 53207 |
| needs of children are administered to, if all of the children | 53208 |
| whose needs are being administered to are siblings of the same | 53209 |
| immediate family and the residence is the home of the siblings. | 53210 |
| "Type B family day-care home" and "type B home" do not include any | 53211 |
| child day camp. | 53212 |
| Sec. 5104.02. (A) The director of job and family services is | 53213 |
| responsible for the licensing of child day-care centers and type A | 53214 |
| family day-care homes | 53215 |
| program shall meet the criteria for, and be licensed as, a child | 53216 |
| day-care center. The director is responsible for the enforcement | 53217 |
| of this chapter and of rules promulgated pursuant to this chapter. | 53218 |
| 53219 |
| No person, firm, organization, institution, or agency shall | 53220 |
| operate, establish, manage, conduct, or maintain a child day-care | 53221 |
| center or type A family day-care home without a license issued | 53222 |
| under section 5104.03 of the Revised Code. The current license | 53223 |
| shall be posted in a conspicuous place in the center or type A | 53224 |
| home that is accessible to parents, custodians, or guardians and | 53225 |
| employees of the center or type A home at all times when the | 53226 |
| center or type A home is in operation. | 53227 |
| (B) A person, firm, institution, organization, or agency | 53228 |
| operating any of the following programs is exempt from the | 53229 |
| requirements of this chapter: | 53230 |
| (1) A program of child care that operates for two or less | 53231 |
| consecutive weeks; | 53232 |
| (2) Child care in places of worship during religious | 53233 |
| activities during which children are cared for while at least one | 53234 |
| parent, guardian, or custodian of each child is participating in | 53235 |
| such activities and is readily available; | 53236 |
| (3) Religious activities which do not provide child care; | 53237 |
| (4) Supervised training, instruction, or activities of | 53238 |
| children in specific areas, including, but not limited to: art; | 53239 |
| drama; dance; music; gymnastics, swimming, or another athletic | 53240 |
| skill or sport; computers; or an educational subject conducted on | 53241 |
| an organized or periodic basis no more than one day a week and for | 53242 |
| no more than six hours duration; | 53243 |
| (5) Programs in which the director determines that at least | 53244 |
| one parent, custodian, or guardian of each child is on the | 53245 |
| premises of the facility offering child care and is readily | 53246 |
| accessible at all times, except that child care provided on the | 53247 |
| premises at which a parent, custodian, or guardian is employed | 53248 |
| more than two and one-half hours a day shall be licensed in | 53249 |
| accordance with division (A) of this section; | 53250 |
| (6)(a) Programs that provide child care funded and regulated | 53251 |
| or operated and regulated by state departments other than the | 53252 |
| department of job and family services or the state board of | 53253 |
| education when the director of job and family services has | 53254 |
| determined that the rules governing the program are equivalent to | 53255 |
| or exceed the rules promulgated pursuant to this chapter. | 53256 |
| Notwithstanding any exemption from regulation under this | 53257 |
| chapter, each state department shall submit to the director of job | 53258 |
| and family services a copy of the rules that govern programs that | 53259 |
| provide child care and are regulated or operated and regulated by | 53260 |
| the department. Annually, each state department shall submit to | 53261 |
| the director a report for each such program it regulates or | 53262 |
| operates and regulates that includes the following information: | 53263 |
| (i) The site location of the program; | 53264 |
| (ii) The maximum number of infants, toddlers, preschool | 53265 |
| children, or school children served by the program at one time; | 53266 |
| (iii) The number of adults providing child care for the | 53267 |
| number of infants, toddlers, preschool children, or school | 53268 |
| children; | 53269 |
| (iv) Any changes in the rules made subsequent to the time | 53270 |
| when the rules were initially submitted to the director. | 53271 |
| The director shall maintain a record of the child care | 53272 |
| information submitted by other state departments and shall provide | 53273 |
| this information upon request to the general assembly or the | 53274 |
| public. | 53275 |
| (b) Child care programs conducted by boards of education or | 53276 |
| by chartered nonpublic schools that are conducted in school | 53277 |
| buildings and that provide child care to school children only | 53278 |
| shall be exempt from meeting or exceeding rules promulgated | 53279 |
| pursuant to this chapter. | 53280 |
| (7) Any preschool program or school child program, except a | 53281 |
| head start program, that is subject to licensure by the department | 53282 |
| of education under sections 3301.52 to 3301.59 of the Revised | 53283 |
| Code. | 53284 |
| (8) Any program providing child care that meets all of the | 53285 |
| following requirements and, on October 20, 1987, was being | 53286 |
| operated by a nonpublic school that holds a charter issued by the | 53287 |
| state board of education for kindergarten only: | 53288 |
| (a) The nonpublic school has given the notice to the state | 53289 |
| board and the director of job and family services required by | 53290 |
| Section 4 of Substitute House Bill No. 253 of the 117th general | 53291 |
| assembly; | 53292 |
| (b) The nonpublic school continues to be chartered by the | 53293 |
| state board for kindergarten, or receives and continues to hold a | 53294 |
| charter from the state board for kindergarten through grade five; | 53295 |
| (c) The program is conducted in a school building; | 53296 |
| (d) The program is operated in accordance with rules | 53297 |
| promulgated by the state board under sections 3301.52 to 3301.57 | 53298 |
| of the Revised Code. | 53299 |
| (9) A youth development program operated outside of school | 53300 |
| hours by a community-based center to which all of the following | 53301 |
| apply: | 53302 |
| (a) The children enrolled in the program are under nineteen | 53303 |
| years of age and enrolled in or eligible to be enrolled in a grade | 53304 |
| of kindergarten or above. | 53305 |
| (b) The program provides informal child care and at least two | 53306 |
| of the following supervised activities: educational, recreational, | 53307 |
| culturally enriching, social, and personal development activities. | 53308 |
| (c) The state board of education has approved the program's | 53309 |
| participation in the child and adult care food program as an | 53310 |
| outside-school-hours care center pursuant to standards established | 53311 |
| under section 3313.813 of the Revised Code. | 53312 |
| (d) The community-based center operating the program is | 53313 |
| exempt from federal income taxation pursuant to 26 U.S.C. 501(a) | 53314 |
| and (c)(3). | 53315 |
| Sec. 5104.30. (A) The department of job and family services | 53316 |
| is hereby designated as the state agency responsible for | 53317 |
| administration and coordination of federal and state funding for | 53318 |
| publicly funded child care in this state. Publicly funded child | 53319 |
| care shall be provided to the following: | 53320 |
| (1) Recipients of transitional child care as provided under | 53321 |
| section 5104.34 of the Revised Code; | 53322 |
| (2) Participants in the Ohio works first program established | 53323 |
| under Chapter 5107. of the Revised Code; | 53324 |
| (3) Individuals who would be participating in the Ohio works | 53325 |
| first program if not for a sanction under section 5107.16 of the | 53326 |
| Revised Code and who continue to participate in a work activity, | 53327 |
| developmental activity, or alternative work activity pursuant to | 53328 |
| an assignment under section 5107.42 of the Revised Code; | 53329 |
| (4) A family receiving publicly funded child care on October | 53330 |
| 1, 1997, until the family's income reaches one hundred fifty per | 53331 |
| cent of the federal poverty line; | 53332 |
| (5) Subject to available funds, other individuals determined | 53333 |
| eligible in accordance with rules adopted under section 5104.38 of | 53334 |
| the Revised Code. | 53335 |
| The department shall apply to the United States department of | 53336 |
| health and human services for authority to operate a coordinated | 53337 |
| program for publicly funded child care, if the director of job and | 53338 |
| family services determines that the application is necessary. For | 53339 |
| purposes of this section, the department of job and family | 53340 |
| services may enter into agreements with other state agencies that | 53341 |
| are involved in regulation or funding of child care. The | 53342 |
| department shall consider the special needs of migrant workers | 53343 |
| when it administers and coordinates publicly funded child care and | 53344 |
| shall develop appropriate procedures for accommodating the needs | 53345 |
| of migrant workers for publicly funded child care. | 53346 |
| (B) The department of job and family services shall | 53347 |
| distribute state and federal funds for publicly funded child care, | 53348 |
| including appropriations of state funds for publicly funded child | 53349 |
| care and appropriations of federal funds available under the child | 53350 |
| care block grant act, Title IV-A, and Title XX. The department may | 53351 |
| use any state funds appropriated for publicly funded child care as | 53352 |
| the state share required to match any federal funds appropriated | 53353 |
| for publicly funded child care. | 53354 |
| (C) In the use of federal funds available under the child | 53355 |
| care block grant act, all of the following apply: | 53356 |
| (1) The department may use the federal funds to hire staff to | 53357 |
| prepare any rules required under this chapter and to administer | 53358 |
| and coordinate federal and state funding for publicly funded child | 53359 |
| care. | 53360 |
| (2) Not more than five per cent of the aggregate amount of | 53361 |
| the federal funds received for a fiscal year may be expended for | 53362 |
| administrative costs. | 53363 |
| (3) The department shall allocate and use at least four per | 53364 |
| cent of the federal funds for the following: | 53365 |
| (a) Activities designed to provide comprehensive consumer | 53366 |
| education to parents and the public; | 53367 |
| (b) Activities that increase parental choice; | 53368 |
| (c) Activities, including child care resource and referral | 53369 |
| services, designed to improve the quality, and increase the | 53370 |
| supply, of child care. | 53371 |
| (4) The department shall ensure that the federal funds will | 53372 |
| be used only to supplement, and will not be used to supplant, | 53373 |
| federal, state, and local funds available on the effective date of | 53374 |
| the child care block grant act for publicly funded child care and | 53375 |
| related programs. A county department of job and family services | 53376 |
| may purchase child care from funds obtained through any other | 53377 |
| means. | 53378 |
| (D) The department shall encourage the development of | 53379 |
| suitable child care throughout the state, especially in areas with | 53380 |
| high concentrations of recipients of public assistance and | 53381 |
| families with low incomes. The department shall encourage the | 53382 |
| development of suitable child care designed to accommodate the | 53383 |
| special needs of migrant workers. On request, the department, | 53384 |
| through its employees or contracts with state or community child | 53385 |
| care resource and referral service organizations, shall provide | 53386 |
| consultation to groups and individuals interested in developing | 53387 |
| child care. The department of job and family services may enter | 53388 |
| into interagency agreements with the department of education, the | 53389 |
| board of regents, the department of development, and other state | 53390 |
| agencies and entities whenever the cooperative efforts of the | 53391 |
| other state agencies and entities are necessary for the department | 53392 |
| of job and family services to fulfill its duties and | 53393 |
| responsibilities under this chapter. | 53394 |
| The department shall develop and maintain a registry of | 53395 |
| persons providing child care. The director shall adopt rules | 53396 |
| pursuant to Chapter 119. of the Revised Code establishing | 53397 |
| procedures and requirements for the registry's administration. | 53398 |
| (E)(1) The director shall adopt rules in accordance with | 53399 |
| Chapter 119. of the Revised Code establishing both of the | 53400 |
| following: | 53401 |
| (a) Reimbursement ceilings for providers of publicly funded | 53402 |
| child care shall be amounts that are not less than sixty-five per | 53403 |
| cent of the market's usual and customary cost to the public based | 53404 |
| on the most recently conducted market rate survey required by 45 | 53405 |
| C.F.R. 98.16; | 53406 |
| (b) A procedure for reimbursing and paying providers of | 53407 |
| publicly funded child care. | 53408 |
| (2) In establishing reimbursement ceilings under division | 53409 |
| (E)(1)(a) of this section, the director shall do all of the | 53410 |
| following: | 53411 |
| (a) Use the information obtained under division (B)(3) of | 53412 |
| section 5104.04 of the Revised Code; | 53413 |
| (b) Establish an enhanced reimbursement ceiling for providers | 53414 |
| who provide child care for caretaker parents who work | 53415 |
| nontraditional hours; | 53416 |
| (c) For a type B family day-care home provider that has | 53417 |
| received limited certification pursuant to rules adopted under | 53418 |
| division (G)(1) of section 5104.011 of the Revised Code, establish | 53419 |
| a reimbursement ceiling that is the following: | 53420 |
| (i) If the provider is a person described in division | 53421 |
| (G)(1)(a) of section 5104.011 of the Revised Code, seventy-five | 53422 |
| per cent of the reimbursement ceiling that applies to a type B | 53423 |
| family day-care home certified by the same county department of | 53424 |
| job and family services pursuant to section 5104.11 of the Revised | 53425 |
| Code; | 53426 |
| (ii) If the provider is a person described in division | 53427 |
| (G)(1)(b) of section 5104.011 of the Revised Code, sixty per cent | 53428 |
| of the reimbursement ceiling that applies to a type B family | 53429 |
| day-care home certified by the same county department pursuant to | 53430 |
| section 5104.11 of the Revised Code. | 53431 |
| (3) In establishing reimbursement ceilings under division | 53432 |
| (E)(1)(a) of this section, the director may establish different | 53433 |
| reimbursement ceilings based on any of the following: | 53434 |
| (a) Geographic location of the provider; | 53435 |
| (b) Type of care provided; | 53436 |
| (c) Age of the child served; | 53437 |
| (d) Special needs of the child served; | 53438 |
| (e) Whether the expanded hours of service are provided; | 53439 |
| (f) Whether weekend service is provided; | 53440 |
| (g) Whether the provider has exceeded the minimum | 53441 |
| requirements of state statutes and rules governing child care; | 53442 |
| (h) Any other factors the director considers appropriate. | 53443 |
| Sec. 5104.32. (A) Except as provided in division (C) of this | 53444 |
| section, all purchases of publicly funded child care shall be made | 53445 |
| under a contract entered into by a licensed child day-care center, | 53446 |
| licensed type A family day-care home, certified type B family | 53447 |
| day-care home, certified in-home aide, approved child day camp, | 53448 |
| licensed preschool program, licensed school child program, or | 53449 |
| border state child care provider and the county department of job | 53450 |
| and family services. A county department of job and family | 53451 |
| services may enter into a contract with a provider for publicly | 53452 |
| funded child care for a specified period of time or upon a | 53453 |
| continuous basis for an unspecified period of time. All contracts | 53454 |
| for publicly funded child care shall be contingent upon the | 53455 |
| availability of state and federal funds. The department of job and | 53456 |
| family services shall prescribe a standard form to be used for all | 53457 |
| contracts for the purchase of publicly funded child care, | 53458 |
| regardless of the source of public funds used to purchase the | 53459 |
| child care. To the extent permitted by federal law and | 53460 |
| notwithstanding any other provision of the Revised Code that | 53461 |
| regulates state or county contracts or contracts involving the | 53462 |
| expenditure of state, county, or federal funds, all contracts for | 53463 |
| publicly funded child care shall be entered into in accordance | 53464 |
| with the provisions of this chapter and are exempt from any other | 53465 |
| provision of the Revised Code that regulates state or county | 53466 |
| contracts or contracts involving the expenditure of state, county, | 53467 |
| or federal funds. | 53468 |
| (B) Each contract for publicly funded child care shall | 53469 |
| specify at least the following: | 53470 |
| (1) That the provider of publicly funded child care agrees to | 53471 |
| be paid for rendering services at the lowest of the rate | 53472 |
| customarily charged by the provider for children enrolled for | 53473 |
| child care, the reimbursement ceiling or rate of payment | 53474 |
| established pursuant to section 5104.30 of the Revised Code, or a | 53475 |
| rate the county department negotiates with the provider; | 53476 |
| (2) That, if a provider provides child care to an individual | 53477 |
| potentially eligible for publicly funded child care who is | 53478 |
| subsequently determined to be eligible, the county department | 53479 |
| agrees to pay for all child care provided between the date the | 53480 |
| county department receives the individual's completed application | 53481 |
| and the date the individual's eligibility is determined; | 53482 |
| (3) Whether the county department of job and family services, | 53483 |
| the provider, or a child care resource and referral service | 53484 |
| organization will make eligibility determinations, whether the | 53485 |
| provider or a child care resource and referral service | 53486 |
| organization will be required to collect information to be used by | 53487 |
| the county department to make eligibility determinations, and the | 53488 |
| time period within which the provider or child care resource and | 53489 |
| referral service organization is required to complete required | 53490 |
| eligibility determinations or to transmit to the county department | 53491 |
| any information collected for the purpose of making eligibility | 53492 |
| determinations; | 53493 |
| (4) That the provider, other than a border state child care | 53494 |
|
provider | 53495 |
| 53496 | |
| certified pursuant to this chapter and shall comply with all | 53497 |
| standards and other requirements in this chapter and in rules | 53498 |
| adopted pursuant to this chapter for maintaining the provider's | 53499 |
| license, approval, or certification; | 53500 |
| (5) That, in the case of a border state child care provider, | 53501 |
| the provider shall continue to be licensed, certified, or | 53502 |
| otherwise approved by the state in which the provider is located | 53503 |
| and shall comply with all standards and other requirements | 53504 |
| established by that state for maintaining the provider's license, | 53505 |
| certificate, or other approval; | 53506 |
| (6) Whether the provider will be paid by the county | 53507 |
| department of job and family services or the state department of | 53508 |
| job and family services; | 53509 |
| (7) That the contract is subject to the availability of state | 53510 |
| and federal funds. | 53511 |
| (C) Unless specifically prohibited by federal law, the county | 53512 |
| department of job and family services shall give individuals | 53513 |
| eligible for publicly funded child care the option of obtaining | 53514 |
| certificates for payment that the individual may use to purchase | 53515 |
| services from any provider qualified to provide publicly funded | 53516 |
| child care under section 5104.31 of the Revised Code. Providers of | 53517 |
| publicly funded child care may present these certificates for | 53518 |
| payment for reimbursement in accordance with rules that the | 53519 |
| director of job and family services shall adopt. Only providers | 53520 |
| may receive reimbursement for certificates for payment. The value | 53521 |
| of the certificate for payment shall be based on the lowest of the | 53522 |
| rate customarily charged by the provider, the reimbursement | 53523 |
| ceiling or rate of payment established pursuant to section 5104.30 | 53524 |
| of the Revised Code, or a rate the county department negotiates | 53525 |
| with the provider. The county department may provide the | 53526 |
| certificates for payment to the individuals or may contract with | 53527 |
| child care providers or child care resource and referral service | 53528 |
| organizations that make determinations of eligibility for publicly | 53529 |
| funded child care pursuant to contracts entered into under section | 53530 |
| 5104.34 of the Revised Code for the providers or resource and | 53531 |
| referral service organizations to provide the certificates for | 53532 |
| payment to individuals whom they determine are eligible for | 53533 |
| publicly funded child care. | 53534 |
| For each six-month period a provider of publicly funded child | 53535 |
| care provides publicly funded child day-care to the child of an | 53536 |
| individual given certificates for payment, the individual shall | 53537 |
| provide the provider certificates for days the provider would have | 53538 |
| provided publicly funded child care to the child had the child | 53539 |
| been present. County departments shall specify the maximum number | 53540 |
| of days providers will be provided certificates of payment for | 53541 |
| days the provider would have provided publicly funded child care | 53542 |
| had the child been present. The maximum number of days shall not | 53543 |
| exceed ten days in a six-month period during which publicly funded | 53544 |
| child care is provided to the child regardless of the number of | 53545 |
| providers that provide publicly funded child care to the child | 53546 |
| during that period. | 53547 |
| Sec. 5104.38. In addition to any other rules adopted under | 53548 |
| this chapter, the director of job and family services shall adopt | 53549 |
| rules in accordance with Chapter 119. of the Revised Code | 53550 |
| governing financial and administrative requirements for publicly | 53551 |
| funded child care and establishing all of the following: | 53552 |
| (A) Procedures and criteria to be used in making | 53553 |
| determinations of eligibility for publicly funded child care that | 53554 |
| give priority to children of families with lower incomes and | 53555 |
| procedures and criteria for eligibility for publicly funded | 53556 |
| protective child care. The rules shall specify the maximum amount | 53557 |
| of income a family may have for initial and continued eligibility. | 53558 |
| The maximum amount shall not exceed two hundred per cent of the | 53559 |
| federal poverty line. | 53560 |
| (B) Procedures under which a county department of job and | 53561 |
| family services may, if the department, under division (A) of this | 53562 |
| section, specifies a maximum amount of income a family may have | 53563 |
| for eligibility for publicly funded child care that is less than | 53564 |
| the maximum amount specified in that division, specify a maximum | 53565 |
| amount of income a family residing in the county the county | 53566 |
| department serves may have for initial and continued eligibility | 53567 |
| for publicly funded child care that is higher than the amount | 53568 |
| specified by the department but does not exceed the maximum amount | 53569 |
| specified in division (A) of this section; | 53570 |
| (C) A schedule of fees requiring all eligible caretaker | 53571 |
| parents to pay a fee for publicly funded child care according to | 53572 |
| income and family size, which shall be uniform for all types of | 53573 |
| publicly funded child care, except as authorized by rule, and, to | 53574 |
| the extent permitted by federal law, shall permit the use of state | 53575 |
| and federal funds to pay the customary deposits and other advance | 53576 |
| payments that a provider charges all children who receive child | 53577 |
| care from that provider. The schedule of fees | 53578 |
| 53579 | |
| 53580 | |
| law. | 53581 |
| (D) A formula based upon a percentage of the county's total | 53582 |
| expenditures for publicly funded child care for determining the | 53583 |
| maximum amount of state and federal funds appropriated for | 53584 |
| publicly funded child care that a county department may use for | 53585 |
| administrative purposes; | 53586 |
| (E) Procedures to be followed by the department and county | 53587 |
| departments in recruiting individuals and groups to become | 53588 |
| providers of child care; | 53589 |
| (F) Procedures to be followed in establishing state or local | 53590 |
| programs designed to assist individuals who are eligible for | 53591 |
| publicly funded child care in identifying the resources available | 53592 |
| to them and to refer the individuals to appropriate sources to | 53593 |
| obtain child care; | 53594 |
| (G) Procedures to deal with fraud and abuse committed by | 53595 |
| either recipients or providers of publicly funded child care; | 53596 |
| (H) Procedures for establishing a child care grant or loan | 53597 |
| program in accordance with the child care block grant act; | 53598 |
| (I) Standards and procedures for applicants to apply for | 53599 |
| grants and loans, and for the department to make grants and loans; | 53600 |
| (J) A definition of "person who stands in loco parentis" for | 53601 |
| the purposes of division (II)(1) of section 5104.01 of the Revised | 53602 |
| Code; | 53603 |
| (K) Procedures for a county department of job and family | 53604 |
| services to follow in making eligibility determinations and | 53605 |
| redeterminations for publicly funded child care available through | 53606 |
| telephone, computer, and other means at locations other than the | 53607 |
| county department; | 53608 |
| (L) Any other rules necessary to carry out sections 5104.30 | 53609 |
| to 5104.39 of the Revised Code. | 53610 |
| Sec. 5107.05. The director of job and family services shall | 53611 |
| adopt rules to implement this chapter. The rules shall be | 53612 |
| consistent with Title IV-A, Title IV-D, federal regulations, state | 53613 |
| law, the Title IV-A state plan submitted to the United States | 53614 |
| secretary of health and human services under section 5101.80 of | 53615 |
| the Revised Code, amendments to the plan, and waivers granted by | 53616 |
| the United States secretary. Rules governing eligibility, program | 53617 |
| participation, and other applicant and participant requirements | 53618 |
| shall be adopted in accordance with Chapter 119. of the Revised | 53619 |
| Code. Rules governing financial and other administrative | 53620 |
| requirements applicable to the department of job and family | 53621 |
| services and county departments of job and family services shall | 53622 |
| be adopted in accordance with section 111.15 of the Revised Code. | 53623 |
| (A) The rules shall specify, establish, or govern all of the | 53624 |
| following: | 53625 |
| (1) A payment standard for Ohio works first based on federal | 53626 |
| and state appropriations; | 53627 |
| (2) The method of determining the amount of cash assistance | 53628 |
| an assistance group receives under Ohio works first; | 53629 |
| (3) Requirements for initial and continued eligibility for | 53630 |
| Ohio works first, including requirements regarding income, | 53631 |
| citizenship, age, residence, and assistance group composition. The | 53632 |
| rules regarding income shall specify what is countable income, | 53633 |
| gross earned income, and gross unearned income for the purpose of | 53634 |
| section 5107.10 of the Revised Code. | 53635 |
| (4) For the purpose of section 5107.12 of the Revised Code, | 53636 |
| application and verification procedures, including the minimum | 53637 |
| information an application must contain; | 53638 |
| (5) The extent to which a participant of Ohio works first | 53639 |
| must notify, pursuant to section 5107.12 of the Revised Code, a | 53640 |
| county department of job and family services of additional income | 53641 |
| not previously reported to the county department; | 53642 |
| (6) The department of job and family services providing | 53643 |
| written notice of a sanction under section 5107.161 of the Revised | 53644 |
| Code; | 53645 |
| (7) Requirements for the collection and distribution of | 53646 |
| support payments owed participants of Ohio works first pursuant to | 53647 |
| section 5107.20 of the Revised Code; | 53648 |
| (8) For the purpose of section 5107.22 of the Revised Code, | 53649 |
| what constitutes cooperating in establishing a minor child's | 53650 |
| paternity or establishing, modifying, or enforcing a child support | 53651 |
| order and good cause for failure or refusal to cooperate. The rule | 53652 |
| shall be consistent with 42 U.S.C.A. 654(29). | 53653 |
| (9) The | 53654 |
| program provided for under section 5107.30 of the Revised Code, | 53655 |
| including the definitions of "equivalent of a high school diploma" | 53656 |
| and "good cause," and the incentives provided under the LEAP | 53657 |
| program; | 53658 |
| (10) If the director implements section 5107.301 of the | 53659 |
| Revised Code, the requirements governing the award provided under | 53660 |
| that section, including the form that the award is to take and | 53661 |
| requirements an individual must satisfy to receive the award; | 53662 |
| (11) Circumstances under which a county department of job and | 53663 |
| family services may exempt a minor head of household or adult from | 53664 |
| participating in a work activity or developmental activity for all | 53665 |
| or some of the weekly hours otherwise required by section 5107.43 | 53666 |
| of the Revised Code. Circumstances shall include that a school or | 53667 |
| place of work is closed due to a holiday or weather or other | 53668 |
| emergency and that an employer grants the minor head of household | 53669 |
| or adult leave for illness or earned vacation. | 53670 |
| | 53671 |
| subsidize positions created by state agencies and political | 53672 |
| subdivisions under division (C) of section 5107.52 of the Revised | 53673 |
| Code. | 53674 |
| (B) The rules may provide that a county department of job and | 53675 |
| family services is not required to take action under section | 53676 |
| 5107.76 of the Revised Code to recover an erroneous payment that | 53677 |
| is below an amount the department specifies. | 53678 |
| Sec. 5107.10. (A) As used in this section: | 53679 |
| (1) "Countable income," "gross earned income," and "gross | 53680 |
| unearned income" have the meanings established in rules adopted | 53681 |
| under section 5107.05 of the Revised Code. | 53682 |
| (2) "Federal poverty guidelines" has the same meaning as in | 53683 |
| section 5101.46 of the Revised Code, except that references to a | 53684 |
| person's family in the definition shall be deemed to be references | 53685 |
| to the person's assistance group. | 53686 |
| (3) "Gross income" means gross earned income and gross | 53687 |
| unearned income. | 53688 |
| | 53689 |
| the following: | 53690 |
| (a) Fifty per cent of the federal poverty guidelines; | 53691 |
| (b) The gross income maximum for initial eligibility for Ohio | 53692 |
| works first as that maximum was set by division (D)(1)(a) of this | 53693 |
| section on the day before the effective date of this amendment. | 53694 |
| (5) "Strike" means continuous concerted action in failing to | 53695 |
| report to duty; willful absence from one's position; or stoppage | 53696 |
| of work in whole from the full, faithful, and proper performance | 53697 |
| of the duties of employment, for the purpose of inducing, | 53698 |
| influencing, or coercing a change in wages, hours, terms, and | 53699 |
| other conditions of employment. "Strike" does not include a | 53700 |
| stoppage of work by employees in good faith because of dangerous | 53701 |
| or unhealthful working conditions at the place of employment that | 53702 |
| are abnormal to the place of employment. | 53703 |
| (B) Under the Ohio works first program, an assistance group | 53704 |
| shall receive, except as otherwise provided by this chapter, | 53705 |
| time-limited cash assistance. In the case of an assistance group | 53706 |
| that includes a minor head of household or adult, assistance shall | 53707 |
| be provided in accordance with the self-sufficiency contract | 53708 |
| entered into under section 5107.14 of the Revised Code. | 53709 |
| (C) To be eligible to participate in Ohio works first, an | 53710 |
| assistance group must meet all of the following requirements: | 53711 |
| (1) The assistance group, except as provided in division (E) | 53712 |
| of this section, must include at least one of the following: | 53713 |
| (a) A minor child who, except as provided in section 5107.24 | 53714 |
| of the Revised Code, resides with a parent, or specified relative | 53715 |
| caring for the child, or, to the extent permitted by Title IV-A | 53716 |
| and federal regulations adopted until Title IV-A, resides with a | 53717 |
| guardian or custodian caring for the child; | 53718 |
| (b) A parent residing with and caring for the parent's minor | 53719 |
| child who receives supplemental security income under Title XVI of | 53720 |
| the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383, | 53721 |
| as amended, or federal, state, or local adoption assistance; | 53722 |
| (c) A specified relative residing with and caring for a minor | 53723 |
| child who is related to the specified relative in a manner that | 53724 |
| makes the specified relative a specified relative and receives | 53725 |
| supplemental security income or federal, state, or local foster | 53726 |
| care or adoption assistance; | 53727 |
| (d) A woman at least six months pregnant. | 53728 |
| (2) The assistance group must meet the income requirements | 53729 |
| established by division (D) of this section. | 53730 |
| (3) No member of the assistance group may be involved in a | 53731 |
| strike. | 53732 |
| (4) The assistance group must satisfy the requirements for | 53733 |
| Ohio works first established by this chapter and sections 5101.58, | 53734 |
| 5101.59, and 5101.83 of the Revised Code. | 53735 |
| (5) The assistance group must meet requirements for Ohio | 53736 |
| works first established by rules adopted under section 5107.05 of | 53737 |
| the Revised Code. | 53738 |
| (D)(1) Except as provided in division (D) | 53739 |
| section, to determine whether an assistance group is initially | 53740 |
| eligible to participate in Ohio works first, a county department | 53741 |
| of job and family services shall do the following: | 53742 |
| (a) Determine whether the assistance group's gross income | 53743 |
|
exceeds the | 53744 |
| 53745 |
| 53746 | ||||||
| 53747 | ||||||
| 53748 | ||||||
| 53749 | ||||||
| 53750 | ||||||
| 53751 | ||||||
| 53752 | ||||||
| 53753 | ||||||
| 53754 | ||||||
| 53755 | ||||||
| 53756 | ||||||
| 53757 | ||||||
| 53758 | ||||||
| 53759 | ||||||
| 53760 |
| | 53761 |
| 53762 | |
| 53763 | |
| 53764 |
| | 53765 |
| determination, the county department shall disregard amounts that | 53766 |
| federal statutes or regulations and sections 5101.17 and 5117.10 | 53767 |
| of the Revised Code require be disregarded. The assistance group | 53768 |
| is ineligible to participate in Ohio works first if the assistance | 53769 |
| group's gross income, less the amounts disregarded, exceeds the | 53770 |
| 53771 | |
| eligibility threshold. | 53772 |
| (b) If the assistance group's gross income, less the amounts | 53773 |
| disregarded pursuant to division (D)(1)(a) of this section, does | 53774 |
|
not exceed the | 53775 |
| eligibility threshold, determine whether the assistance group's | 53776 |
| countable income is less than the payment standard. The assistance | 53777 |
| group is ineligible to participate in Ohio works first if the | 53778 |
| assistance group's countable income equals or exceeds the payment | 53779 |
| standard. | 53780 |
| (2) For the purpose of determining whether an assistance | 53781 |
| group meets the income requirement established by division | 53782 |
| (D)(1)(a) of this section, the annual revision that the United | 53783 |
| States department of health and human services makes to the | 53784 |
| federal poverty guidelines shall go into effect on the first day | 53785 |
| of July of the year for which the revision is made. | 53786 |
| (3) To determine whether an assistance group participating in | 53787 |
| Ohio works first continues to be eligible to participate, a county | 53788 |
| department of job and family services shall determine whether the | 53789 |
| assistance group's countable income continues to be less than the | 53790 |
| payment standard. In making this determination, the county | 53791 |
| department shall disregard the first two hundred fifty dollars and | 53792 |
| fifty per cent of the remainder of the assistance group's gross | 53793 |
| earned income. No amounts shall be disregarded from the assistance | 53794 |
| group's gross unearned income. The assistance group ceases to be | 53795 |
| eligible to participate in Ohio works first if its countable | 53796 |
| income, less the amounts disregarded, equals or exceeds the | 53797 |
| payment standard. | 53798 |
| | 53799 |
| Ohio works first not more than four months after ceasing to | 53800 |
| participate, a county department of job and family services shall | 53801 |
|
use the income requirement established by
division (D) | 53802 |
| this section to determine eligibility for resumed participation | 53803 |
| rather than the income requirement established by division (D)(1) | 53804 |
| of this section. | 53805 |
| (E)(1) An assistance group may continue to participate in | 53806 |
| Ohio works first even though a public children services agency | 53807 |
| removes the assistance group's minor children from the assistance | 53808 |
| group's home due to abuse, neglect, or dependency if the agency | 53809 |
| does both of the following: | 53810 |
| (a) Notifies the county department of job and family services | 53811 |
| at the time the agency removes the children that it believes the | 53812 |
| children will be able to return to the assistance group within six | 53813 |
| months; | 53814 |
| (b) Informs the county department at the end of each of the | 53815 |
| first five months after the agency removes the children that the | 53816 |
| parent, guardian, custodian, or specified relative of the children | 53817 |
| is cooperating with the case plans prepared for the children under | 53818 |
| section 2151.412 of the Revised Code and that the agency is making | 53819 |
| reasonable efforts to return the children to the assistance group. | 53820 |
| (2) An assistance group may continue to participate in Ohio | 53821 |
| works first pursuant to division (E)(1) of this section for not | 53822 |
| more than six payment months. This division does not affect the | 53823 |
| eligibility of an assistance group that includes a woman at least | 53824 |
| six months pregnant. | 53825 |
| Sec. 5107.26. (A) As used in this section: | 53826 |
| (1) "Transitional child care" means publicly funded child | 53827 |
| care provided under division (A)(3) of section 5104.34 of the | 53828 |
| Revised Code. | 53829 |
| (2) "Transitional medicaid" means the medical assistance | 53830 |
| provided under section
| 53831 |
| (B) Except as provided in division (C) of this section, each | 53832 |
| member of an assistance group participating in Ohio works first is | 53833 |
| ineligible to participate in the program for six payment months if | 53834 |
| a county department of job and family services determines that a | 53835 |
| member of the assistance group terminated the member's employment | 53836 |
| and each person who, on the day prior to the day a recipient | 53837 |
| begins to receive transitional child care or transitional | 53838 |
| medicaid, was a member of the recipient's assistance group is | 53839 |
| ineligible to participate in Ohio works first for six payment | 53840 |
| months if a county department determines that the recipient | 53841 |
| terminated the recipient's employment. | 53842 |
| (C) No assistance group member shall lose or be denied | 53843 |
| eligibility to participate in Ohio works first pursuant to | 53844 |
| division (B) of this section if the termination of employment was | 53845 |
| because an assistance group member or recipient of transitional | 53846 |
| child care or transitional medicaid secured comparable or better | 53847 |
| employment or the county department of job and family services | 53848 |
| certifies that the member or recipient terminated the employment | 53849 |
| with just cause. | 53850 |
| Just cause includes the following: | 53851 |
| (1) Discrimination by an employer based on age, race, sex, | 53852 |
| color, handicap, religious beliefs, or national origin; | 53853 |
| (2) Work demands or conditions that render continued | 53854 |
| employment unreasonable, such as working without being paid on | 53855 |
| schedule; | 53856 |
| (3) Employment that has become unsuitable due to any of the | 53857 |
| following: | 53858 |
| (a) The wage is less than the federal minimum wage; | 53859 |
| (b) The work is at a site subject to a strike or lockout, | 53860 |
| unless the strike has been enjoined under section 208 of the | 53861 |
| "Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A. | 53862 |
| 178, as amended, an injunction has been issued under section 10 of | 53863 |
| the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, as | 53864 |
| amended, or an injunction has been issued under section 4117.16 of | 53865 |
| the Revised Code; | 53866 |
| (c) The documented degree of risk to the member or | 53867 |
| recipient's health and safety is unreasonable; | 53868 |
| (d) The member or recipient is physically or mentally unfit | 53869 |
| to perform the employment, as documented by medical evidence or by | 53870 |
| reliable information from other sources. | 53871 |
| (4) Documented illness of the member or recipient or of | 53872 |
| another assistance group member of the member or recipient | 53873 |
| requiring the presence of the member or recipient; | 53874 |
| (5) A documented household emergency; | 53875 |
| (6) Lack of adequate child care for children of the member or | 53876 |
| recipient who are under six years of age. | 53877 |
| Sec. 5107.30. (A) As used in this section: | 53878 |
| (1) "Equivalent of a high school diploma" and "good cause" | 53879 |
| have the meanings established in rules adopted under section | 53880 |
| 5107.05 of the Revised Code. | 53881 |
| (2) "LEAP program" means the learning, earning, and parenting | 53882 |
| program. | 53883 |
| | 53884 |
| whom all of the following apply: | 53885 |
| (a) The individual is a participant of Ohio works
first | 53886 |
| (b) The individual is under age eighteen or is age eighteen | 53887 |
| and in school and is a natural or adoptive parent or is pregnant; | 53888 |
| (c) The individual is subject to the LEAP program's | 53889 |
| requirements. | 53890 |
| | 53891 |
| to lead to the attainment of a high school diploma or the | 53892 |
| equivalent of a high school diploma. | 53893 |
| (B) The director of job and
family services may | 53894 |
| 53895 | |
| 53896 |
| | 53897 |
| 53898 |
| | 53899 |
| 53900 | |
| rules adopted under section 5107.05 of the Revised Code. The | 53901 |
| purpose of the LEAP program is to encourage teens to complete | 53902 |
| school. | 53903 |
| | 53904 |
| 53905 | |
| with the requirements governing the LEAP program unless the | 53906 |
| participating teen shows good cause for not attending school. The | 53907 |
| department shall provide, in addition to the cash assistance | 53908 |
| payment provided under Ohio works first, an incentive payment, in | 53909 |
| an amount determined by the department, to every participating | 53910 |
| teen who | 53911 |
| in accordance with the requirements governing the LEAP program. In | 53912 |
| addition to the incentive payment, the department may provide | 53913 |
| other incentives to participating teens who attend school in | 53914 |
| accordance with the LEAP program's requirements. The department | 53915 |
| shall reduce the cash assistance payment, in an amount determined | 53916 |
| by the department, under Ohio works first to every participating | 53917 |
| teen
| 53918 |
| without good cause, to meet the LEAP program's requirements | 53919 |
| 53920 |
| | 53921 |
| 53922 | |
| with the county department of job and family services that | 53923 |
| 53924 |
| | 53925 |
| incentive
payment and other incentives, if any, under | 53926 |
| 53927 | |
| program. | 53928 |
| | 53929 |
|
payment | 53930 |
| if the participating teen meets the requirements of the LEAP | 53931 |
| program. | 53932 |
| | 53933 |
| teen's cash assistance payment under Ohio works first will be | 53934 |
| reduced if the participating teen fails or refuses without good | 53935 |
| cause to attend school in accordance with the requirements | 53936 |
| governing the LEAP program. | 53937 |
| (C) A minor head of household who is participating in the | 53938 |
| LEAP program shall be considered to be participating in a work | 53939 |
| activity for the purpose of sections 5107.40 to 5107.69 of the | 53940 |
| Revised Code. However, the minor head of household is not subject | 53941 |
| to the requirements or sanctions of those sections. | 53942 |
| (D) Subject to the availability of funds, county departments | 53943 |
| of job and family services shall provide for | 53944 |
| participating teens to receive support services the county | 53945 |
| department determines to be necessary for LEAP participation. | 53946 |
| Support services may include publicly funded child care under | 53947 |
| Chapter 5104. of the Revised Code, transportation, and other | 53948 |
| services. | 53949 |
| Sec. 5107.301. For the purpose of encouraging individuals | 53950 |
| who have successfully completed the requirements of the LEAP | 53951 |
| program to enroll in post-secondary education, the director of job | 53952 |
| and family services may provide an award to such individuals who | 53953 |
| enroll in post-secondary education. If provided, the award shall | 53954 |
| be provided in accordance with rules adopted under section 5107.05 | 53955 |
| of the Revised Code. | 53956 |
| Sec. 5107.58. In accordance with a federal waiver granted by | 53957 |
| the United States secretary of health and human services pursuant | 53958 |
| to a request made under former section 5101.09 of the Revised | 53959 |
| Code, county departments of job and family services may establish | 53960 |
| and administer as a work activity for minor heads of households | 53961 |
| and adults participating in Ohio works first an education program | 53962 |
| under which the participant is enrolled full-time in | 53963 |
| post-secondary education leading to vocation at a state | 53964 |
| institution of higher education, as defined in section 3345.031 of | 53965 |
| the Revised Code; a private nonprofit college or university that | 53966 |
| possesses a certificate of authorization issued by the Ohio board | 53967 |
| of regents pursuant to Chapter 1713. of the Revised Code, or is | 53968 |
| exempted by division (E) of section 1713.02 of the Revised Code | 53969 |
| from the requirement of a certificate; a school that holds a | 53970 |
| certificate of registration and program authorization issued by | 53971 |
| the state board of career colleges and schools under Chapter 3332. | 53972 |
| of the Revised Code; a private institution exempt from regulation | 53973 |
| under Chapter 3332. of the Revised Code as prescribed in section | 53974 |
| 3333.046 of the Revised Code; or a school that has entered into a | 53975 |
| contract with the county department of job and family services. | 53976 |
| The participant shall make reasonable efforts, as determined by | 53977 |
| the county department, to obtain a loan, scholarship, grant, or | 53978 |
| other assistance to pay for the tuition, including a federal Pell | 53979 |
| grant
under 20
U.S.C.A.
1070a | 53980 |
| under section 3333.12 of the Revised Code, and an Ohio college | 53981 |
| opportunity grant under section 3333.122 of the Revised Code. If | 53982 |
| the participant has made reasonable efforts but is unable to | 53983 |
| obtain sufficient assistance to pay the tuition the program may | 53984 |
| pay the tuition. On or after October 1, 1998, the county | 53985 |
| department may enter into a loan agreement with the participant to | 53986 |
| pay the tuition. The total period for which tuition is paid and | 53987 |
| loans made shall not exceed two years. If the participant, | 53988 |
| pursuant to division (B)(3) of section 5107.43 of the Revised | 53989 |
| Code, volunteers to participate in the education program for more | 53990 |
| hours each week than the participant is assigned to the program, | 53991 |
| the program may pay or the county department may loan the cost of | 53992 |
| the tuition for the additional voluntary hours as well as the cost | 53993 |
| of the tuition for the assigned number of hours. The participant | 53994 |
| may receive, for not more than three years, support services, | 53995 |
| including publicly funded child care under Chapter 5104. of the | 53996 |
| Revised Code and transportation, that the participant needs to | 53997 |
| participate in the program. To receive support services in the | 53998 |
| third year, the participant must be, as determined by the | 53999 |
| educational institution in which the participant is enrolled, in | 54000 |
| good standing with the institution. | 54001 |
| A county department that provides loans under this section | 54002 |
| shall establish procedures governing loan application for and | 54003 |
| approval and administration of loans granted pursuant to this | 54004 |
| section. | 54005 |
| Sec. 5110.01. As used in this chapter: | 54006 |
| (A) "Administrative fee" means the amount specified in rules | 54007 |
| adopted under division (G) of section 5110.35 of the Revised Code. | 54008 |
| (B) "Children's health insurance program" means the | 54009 |
| children's health insurance program part I and part II established | 54010 |
| under sections 5101.50 to 5101.5110 of the Revised Code. | 54011 |
| (C) | 54012 |
| 54013 |
| | 54014 |
| established under Chapter 5111. of the Revised Code. | 54015 |
| | 54016 |
| registered for a drug pursuant to the listing system established | 54017 |
| by the United States food and drug administration under the "Drug | 54018 |
| Listing Act of 1972," 86 Stat. 559, 21 U.S.C. 360, as amended. | 54019 |
| | 54020 |
| entity, if any, the department of job and family services | 54021 |
| contracts with pursuant to section 5110.10 of the Revised Code to | 54022 |
| perform administrative functions of the Ohio's best Rx program and | 54023 |
| to offer the mail order system through which Ohio's best Rx | 54024 |
| program participants may obtain drugs by mail. | 54025 |
| | 54026 |
| means an individual who signs an application for the Ohio's best | 54027 |
| Rx program and submits it to the department of job and family | 54028 |
| services, or the Ohio's best Rx program administrator, for a | 54029 |
| determination of eligibility for the program. | 54030 |
| | 54031 |
| means an individual determined eligible for the Ohio's best Rx | 54032 |
| program and included under a valid Ohio's best Rx program | 54033 |
| enrollment card. | 54034 |
| | 54035 |
| participating terminal distributor is to charge an Ohio's best Rx | 54036 |
| program participant for a drug included in the Ohio's best Rx | 54037 |
| program as determined under section 5110.14 of the Revised Code. | 54038 |
| "Ohio's best Rx program price" does not include either of the | 54039 |
| following: | 54040 |
| (1) The amount of the professional fee, if any, the | 54041 |
| participating terminal distributor adds to the Ohio's best Rx | 54042 |
| program price pursuant to an agreement under section 5110.12 of | 54043 |
| the Revised Code; | 54044 |
| (2) The amount of the administrative fee, if any, the | 54045 |
| department of job and family services reports to the participating | 54046 |
| terminal distributor under section 5110.29 of the Revised Code. | 54047 |
| | 54048 |
| participating in the Ohio's best Rx program pursuant to a rebate | 54049 |
| agreement. | 54050 |
| | 54051 |
| distributor of dangerous drugs participating in the Ohio's best Rx | 54052 |
| program pursuant to an agreement entered into with the department | 54053 |
| of job and family services under section 5110.12 of the Revised | 54054 |
| Code. | 54055 |
| | 54056 |
| benefit plan or state retirement system health benefit plan, means | 54057 |
| the total amount paid to a terminal distributor of dangerous drugs | 54058 |
| under a state health benefit plan or state retirement system | 54059 |
| health benefit plan for one unit of a drug covered by the plan, | 54060 |
| after the plan discounts or otherwise reduces the amount to be | 54061 |
| paid to the terminal distributor. "Per unit price" includes both | 54062 |
| of the following: | 54063 |
| (1) The amount that the state health benefit plan or state | 54064 |
| retirement system health benefit plan, or other government entity | 54065 |
| or person authorized to make the payment on behalf of the plan, | 54066 |
| pays to the terminal distributor of dangerous drugs; | 54067 |
| (2) The amount that the beneficiary of the state health | 54068 |
| benefit plan or state retirement system health benefit plan pays | 54069 |
| to the terminal distributor of dangerous drugs in the form of a | 54070 |
| copayment, coinsurance, or other cost-sharing charge. | 54071 |
| | 54072 |
| benefit plan or state retirement system health benefit plan, means | 54073 |
| all rebates, discounts, formulary fees, administrative fees, and | 54074 |
| other allowances a drug manufacturer pays to the plan, or other | 54075 |
| government entity or person authorized to receive all or part of | 54076 |
| such payments, for a drug during a calendar year, divided by the | 54077 |
| total number of units of that drug dispensed under the plan during | 54078 |
| the same calendar year. | 54079 |
| | 54080 |
| percentage specified in rules adopted under division (K) of | 54081 |
| section 5110.35 of the Revised Code. | 54082 |
| | 54083 |
| 5110.21 of the Revised Code between the department of job and | 54084 |
| family services and a drug manufacturer. | 54085 |
| | 54086 |
| care benefits offered through the Ohio med preferred provider | 54087 |
| organization, or a successor entity selected by the state, to | 54088 |
| which either of the following apply: | 54089 |
| (1) It is provided by a collective bargaining agreement | 54090 |
| authorized by division (A)(4) of section 4117.03 of the Revised | 54091 |
| Code. | 54092 |
| (2) It is offered by the department of administrative | 54093 |
| services to state employees in accordance with section 124.81 or | 54094 |
| 124.82 of the Revised Code. | 54095 |
| | 54096 |
| the public employees retirement system, state teachers retirement | 54097 |
| system, school employees retirement system, Ohio police and fire | 54098 |
| pension fund, and state highway patrol retirement system. | 54099 |
| | 54100 |
| plan of health care benefits offered by a state retirement system | 54101 |
| under section 145.58, 742.45, 3307.39, 3309.69, or 5505.28 of the | 54102 |
| Revised Code. | 54103 |
| | 54104 |
| meaning as in section 4729.01 of the Revised Code. | 54105 |
| | 54106 |
| 3901.38 of the Revised Code. | 54107 |
| | 54108 |
| 1333.61 of the Revised Code. | 54109 |
| | 54110 |
| participating terminal distributor or the Ohio's best Rx program | 54111 |
| administrator charges for a drug included in the program to an | 54112 |
| individual who does not receive a discounted price for the drug | 54113 |
| pursuant to any drug discount program, including the Ohio's best | 54114 |
| Rx program, a prescription drug discount card program established | 54115 |
| under section 173.061 of the Revised Code, or a pharmacy | 54116 |
| assistance program established by any person or government entity, | 54117 |
| and for whom no third-party payer or program funded in whole or | 54118 |
| part with state or federal funds is responsible for all or part of | 54119 |
| the cost of the drug the distributor dispenses to the individual. | 54120 |
| Sec. 5110.05. (A) To be eligible for the Ohio's best Rx | 54121 |
| program, an individual must meet all of the following requirements | 54122 |
| at the time of application or reapplication for the program: | 54123 |
| (1) Be a resident of this state; | 54124 |
| (2) Have family income, as determined under rules adopted | 54125 |
| pursuant to section 5110.35 of the Revised Code, that does not | 54126 |
| exceed two hundred fifty per cent of the federal poverty | 54127 |
| guidelines, as revised annually by the United States department of | 54128 |
| health and human services in accordance with section 673(2) of the | 54129 |
| "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42 | 54130 |
| U.S.C. 9902, as amended, or be sixty years of age or older; | 54131 |
| (3) Not have outpatient prescription drug coverage paid for | 54132 |
| in whole or in part by any of the following: | 54133 |
| (a) A third-party payer; | 54134 |
| (b) The medicaid program; | 54135 |
| (c) The children's health insurance program; | 54136 |
| (d) | 54137 |
| | 54138 |
| uses state or federal funds to pay part or all of the cost of the | 54139 |
| individual's outpatient prescription drugs, other than a | 54140 |
| prescription drug discount card program established under section | 54141 |
| 173.061 of the Revised Code. | 54142 |
| (4) Not have had outpatient prescription drug coverage | 54143 |
| specified in division (A)(3) of this section during any of the | 54144 |
| four months preceding the month in which the application or | 54145 |
| reapplication for the Ohio's best Rx program is made, unless any | 54146 |
| of the following applies: | 54147 |
| (a) The individual is sixty years of age or older. | 54148 |
| (b) The third-party payer that paid all or part of the | 54149 |
| coverage filed for bankruptcy under federal bankruptcy laws. | 54150 |
| (c) The individual is no longer eligible for coverage | 54151 |
| provided through a retirement plan subject to protection under the | 54152 |
| "Employee Retirement Income Security Act of 1974," 88 Stat. 832, | 54153 |
| 29 U.S.C. 1001, as amended. | 54154 |
| (d) The individual is no longer eligible for the medicaid | 54155 |
| program | 54156 |
| 54157 |
| (B) Application and annual reapplication for the Ohio's best | 54158 |
| Rx program shall be made in accordance with rules adopted under | 54159 |
| section 5110.35 of the Revised Code on a form prescribed in those | 54160 |
| rules. An individual may apply or reapply on behalf of the | 54161 |
| individual and the individual's spouse and children. The guardian | 54162 |
| or custodian of an individual may apply or reapply on behalf of | 54163 |
| the individual. | 54164 |
| Sec. 5110.352. As used in this section, "medicaid dispensing | 54165 |
| fee" means the dispensing fee established under section | 54166 |
| 5111.071 of the Revised Code for the medicaid program. | 54167 |
| In adopting a rule under division (F) of section 5110.35 of | 54168 |
| the Revised Code increasing the maximum amount of the professional | 54169 |
| fee participating terminal distributors may charge Ohio's best Rx | 54170 |
| program participants under section 5110.12 of the Revised Code and | 54171 |
| the Ohio's best Rx program administrator may charge under a | 54172 |
| contract entered into under section 5110.10 of the Revised Code, | 54173 |
| the department of job and family services shall review the amount | 54174 |
| of the professional fee once a year or, at the department's | 54175 |
| discretion, at more frequent intervals and shall not increase the | 54176 |
| professional fee to an amount exceeding the medicaid dispensing | 54177 |
| fee. | 54178 |
| A participating terminal distributor and the Ohio's best Rx | 54179 |
| program administrator may charge a maximum three dollar | 54180 |
| professional fee regardless of whether the medicaid dispensing fee | 54181 |
| for that drug is less than that amount. The department, however, | 54182 |
| may not adopt a rule increasing the maximum professional fee for | 54183 |
| that drug until the medicaid dispensing fee for that drug exceeds | 54184 |
| that amount. | 54185 |
| Sec. 5110.39. Not later than | 54186 |
| March of each year, the department of job and family services | 54187 |
| shall do all of the following: | 54188 |
| (A) Create a list of the twenty-five drugs most often | 54189 |
| dispensed to Ohio's best Rx program participants under the | 54190 |
| program, using data from the most recent six-month period for | 54191 |
| which the data is available; | 54192 |
| (B) Determine the average amount that participating terminal | 54193 |
| distributors charge, on a date selected by the department, | 54194 |
| participants for each drug included on the list created under | 54195 |
| division (A) of this section; | 54196 |
| (C) Determine, for the date selected for division (B) of this | 54197 |
| section, the average usual and customary charge of participating | 54198 |
| terminal distributors for each drug included on the list created | 54199 |
| under division (A) of this section; | 54200 |
| (D) By comparing the average charges determined under | 54201 |
| divisions (B) and (C) of this section, determine the average | 54202 |
| percentage savings in the amount participating terminal | 54203 |
| distributors charge Ohio's best Rx program participants for each | 54204 |
| drug included on the list created under division (A) of this | 54205 |
| section. | 54206 |
| Sec. 5111.011. (A) As used in this section: | 54207 |
| (1) "Intermediate care facility for the mentally retarded" | 54208 |
| has the same meaning as in section 5111.20 of the Revised Code. | 54209 |
| (2) "Nursing facility" | 54210 |
| 54211 | |
| 54212 | |
| section 5111.20 of the Revised Code. | 54213 |
| | 54214 |
| is a patient in a nursing facility or who receives home and | 54215 |
| community-based services under a federal waiver granted the | 54216 |
| department of job and family services under 42 U.S.C. | 54217 |
| 1396a(10)(A)(ii)(VI). | 54218 |
| (B) Subject to this section, the director of job and family | 54219 |
| services shall, pursuant to section 111.15 of the Revised Code, | 54220 |
|
adopt rules establishing eligibility requirements for the | 54221 |
| 54222 | |
| law, the term "resources" as used in this section. | 54223 |
| (C) In determining eligibility for | 54224 |
| medicaid program, the following shall apply with respect to real | 54225 |
| property used by an aged, blind or disabled applicant or recipient | 54226 |
| as a homestead or principal place of residence: | 54227 |
| (1) The value of | 54228 |
| 54229 | |
| maximum allowed under
Title XVI of the "Social Security Act | 54230 |
| Stat. 1329 (1972), 42 U.S.C. 1381; | 54231 |
| (2) Except as provided in division (C)(3) of this section, | 54232 |
| the department of job and family services may consider the | 54233 |
| property to not be the homestead or principal place of residence | 54234 |
| of the applicant or recipient if the applicant or recipient | 54235 |
| resides in a nursing facility, intermediate care facility for the | 54236 |
| mentally retarded, or other medical institution for thirteen | 54237 |
| months or longer. | 54238 |
| (3) Division (C)(2) of this section does not apply if any of | 54239 |
| the following individuals reside in the applicant's or recipient's | 54240 |
| real property used as a homestead or principal place of residence: | 54241 |
| (a) The applicant's or recipient's spouse; | 54242 |
| (b) A son or daughter of the applicant or recipient, if the | 54243 |
| son or daughter is under twenty-one years of age or blind or | 54244 |
| disabled in accordance with rules adopted by the director of job | 54245 |
| and family services; | 54246 |
| (c) A son or daughter of the applicant or recipient, if the | 54247 |
| son or daughter is financially dependent on theapplicant or | 54248 |
| recipient for housing in accordance with rules adopted by the | 54249 |
| director of job and family services; | 54250 |
| (d) A sibling of the applicant or recipient, if the sibling | 54251 |
| has a verified equity and ownership interest in the real property | 54252 |
| and has resided in the real property for at least one year | 54253 |
| immediately before the date the applicant or recipient was | 54254 |
| admitted to the nursing facility, intermediate care facility for | 54255 |
| the mentally retarded, or other medical institution. | 54256 |
| (D) Except as provided in division (G) of this section, no | 54257 |
| person is eligible for | 54258 |
| on or prior to December 31, 1989, the person has transferred real | 54259 |
|
or personal property for the purpose of securing | 54260 |
| 54261 | |
| eligibility and the transfer occurred during the two years | 54262 |
| preceding the person's application. In order to secure compliance | 54263 |
| with this division, the director of job and family services shall | 54264 |
| require all applicants for | 54265 |
| correct copies of any federal income or gift tax form or schedule | 54266 |
| filed, singly or jointly, by the applicant during the preceding | 54267 |
| five taxable years. Such copies, and the information disclosed | 54268 |
| thereon, shall be used solely for the purpose of determining the | 54269 |
| probability of whether the applicant has transferred assets in | 54270 |
| violation of this division. The director shall provide for the | 54271 |
| confidentiality and return of any copies of forms or schedules | 54272 |
| submitted under this division. Where such copies reveal the | 54273 |
| probability that an applicant has transferred assets in violation | 54274 |
| of this division, a presumption arises that the applicant has | 54275 |
| transferred assets in violation of this division, and the director | 54276 |
| shall deny the application until the applicant submits a true and | 54277 |
| accurate expenditure statement to the director that shows the | 54278 |
| applicant did not violate this division. The director of job and | 54279 |
| family services shall adopt rules to implement this provision. | 54280 |
| (E)(1) Except as provided in | 54281 |
| (G) of this section, an institutionalized individual who is | 54282 |
| otherwise
eligible for | 54283 |
| ineligible for nursing facility services or services provided | 54284 |
| under a home and community-based waiver for a period specified in | 54285 |
| rules adopted
under division (E) | 54286 |
| institutionalized individual or individual's spouse, on or after | 54287 |
| January 1, 1990, transfers resources for less than fair market | 54288 |
| value at
any time during or after | 54289 |
| 54290 | |
| five-year period immediately prior to either of the following: | 54291 |
| (a) The date the individual becomes an institutionalized | 54292 |
|
individual if the individual is eligible for | 54293 |
| medicaid on that date; | 54294 |
| (b) The date the individual applies for | 54295 |
| medicaid while an institutionalized individual. | 54296 |
| (2) The director shall apply to the United States secretary | 54297 |
| of health and human services for a waiver of federal law governing | 54298 |
| the medicaid program as necessary for the implementation of the | 54299 |
| five-year look-back period provided for by division (E)(1) of this | 54300 |
| section. If a waiver is not approved, the look-back period shall | 54301 |
| be the period of time specified in 42 U.S.C. 1396p(c). | 54302 |
| (3) The director shall adopt rules specifying, for the | 54303 |
|
purpose of division (E)(1) of this section, the | 54304 |
| 54305 | |
| 54306 | |
| 54307 | |
| of ineligibility due to transfers of resources for less than fair | 54308 |
| market value on or after the look-back date. The period of | 54309 |
| ineligibility shall begin with the month in which the resources | 54310 |
| were transferred. The rules shall be consistent with Title XIX of | 54311 |
| the "Social Security
Act | 54312 |
| The department shall allow exceptions to the period of | 54313 |
| ineligibility to the extent that exceptions are permitted by that | 54314 |
| title. An exception based on undue hardship to the | 54315 |
| institutionalized individual shall be allowed only so long as the | 54316 |
| individual cooperates with the department or the county department | 54317 |
| of job and family services in securing the return of transferred | 54318 |
| resources. | 54319 |
| | 54320 |
|
department may require applicants for and recipients of | 54321 |
| 54322 | |
| documentation of their income and resources up to five years prior | 54323 |
| to the | 54324 |
| institutionalized individual if the individual is eligible for | 54325 |
| medicaid on that date or the date the individual applies for | 54326 |
| medicaid while an institutionalized individual. Documentation may | 54327 |
| include, but is not limited to, tax returns, records from | 54328 |
| financial institutions, and real property records. | 54329 |
| (F) The director shall, by rule adopted in accordance with | 54330 |
| section 111.15 of the Revised Code, establish standards consistent | 54331 |
| with federal law for allocating income and resources as income and | 54332 |
| resources of the spouse, children, parents, or stepparents of a | 54333 |
| recipient of or applicant for | 54334 |
| Notwithstanding any provision of state law, including statutes, | 54335 |
| administrative rules, common law, and court rules, regarding real | 54336 |
| or personal property or domestic relations, the standards | 54337 |
| established under this division shall be used to determine | 54338 |
| eligibility for | 54339 |
| (G) The director may, by rule adopted in accordance with | 54340 |
| section 111.15 of the Revised Code, exempt individuals who apply | 54341 |
| for or receive | 54342 |
| provided pursuant to division (C) of section 5111.01 of the | 54343 |
| Revised Code from some or all of the requirements of this section. | 54344 |
| Sec. 5111.019. (A) The director of job and family services | 54345 |
| shall submit to the United States secretary of health and human | 54346 |
| services an amendment to the state medicaid plan to make an | 54347 |
| individual who meets all of the following requirements eligible | 54348 |
| for medicaid for the amount of time provided by division (B) of | 54349 |
| this section: | 54350 |
| (1) The individual is the parent of a child under nineteen | 54351 |
| years of age and resides with the child; | 54352 |
| (2) The individual's family income does not exceed | 54353 |
| 54354 |
| (3) The individual is not otherwise eligible for medicaid; | 54355 |
| (4) The individual satisfies all relevant requirements | 54356 |
| established by rules adopted under division (D) of section 5111.01 | 54357 |
| of the Revised Code. | 54358 |
| (B) An individual is eligible to receive medicaid under this | 54359 |
| section for a period that does not exceed two years beginning on | 54360 |
| the date on which eligibility is established. | 54361 |
| | 54362 |
| 54363 | |
| 54364 | |
| 54365 | |
| 54366 | |
| 54367 | |
| 54368 | |
| 54369 |
| Sec. 5111.0112. | 54370 |
| director of job and family services
shall
| 54371 |
| institute a copayment program under medicaid. | 54372 |
| 54373 | |
| 54374 | |
| copayment program shall establish a copayment requirement for only | 54375 |
| dental services, vision services, and prescription drugs, other | 54376 |
| than generic drugs, to the extent permitted by federal statutes | 54377 |
| and regulations. | 54378 |
| 54379 | |
| 54380 | |
| 54381 | |
| 54382 | |
| 54383 | |
| 54384 | |
| 54385 | |
| Code governing the copayment program. | 54386 |
| (B) The copayment program shall, to the extent permitted by | 54387 |
| federal law, provide for all of the following with regard to any | 54388 |
| providers participating in the medicaid program: | 54389 |
| (1) No provider shall refuse to provide a service to a | 54390 |
| medicaid recipient who is unable to pay a required copayment for | 54391 |
| the service. | 54392 |
| (2) Division (B)(1) of this section shall not be considered | 54393 |
| to do either of the following with regard to a medicaid recipient | 54394 |
| who is unable to pay a required copayment: | 54395 |
| (a) Relieve the medicaid recipient from the obligation to pay | 54396 |
| a copayment; | 54397 |
| (b) Prohibit the provider from attempting to collect an | 54398 |
| unpaid copayment. | 54399 |
| (3) No provider shall waive a medicaid recipient's obligation | 54400 |
| to pay the provider a copayment. | 54401 |
| (4) No provider or drug manufacturer, including the | 54402 |
| manufacturer's representative, employee, independent contractor, | 54403 |
| or agent, shall pay any copayment on behalf of a medicaid | 54404 |
| recipient. | 54405 |
| (5) If it is the routine business practice of the provider to | 54406 |
| refuse service to any individual who owes an outstanding debt to | 54407 |
| the provider, the provider may consider an unpaid copayment | 54408 |
| imposed by the copayment program as an outstanding debt and may | 54409 |
| refuse service to a medicaid recipient who owes the provider an | 54410 |
| outstanding debt. If the provider intends to refuse service to a | 54411 |
| medicaid recipient who owes the provider an outstanding debt, the | 54412 |
| provider shall notify the individual of the provider's intent to | 54413 |
| refuse services. | 54414 |
| Sec. 5111.0114. (A) As used in this section, "dangerous drug" | 54415 |
| and "manufacturer of dangerous drugs" have the same meaning as in | 54416 |
| section 4729.01 of the Revised Code. | 54417 |
| (B) The director of job and family services may enter into or | 54418 |
| administer an agreement or cooperative arrangement with other | 54419 |
| states to create or join a multiple-state prescription drug | 54420 |
| purchasing program for the purpose of negotiating with | 54421 |
| manufacturers of dangerous drugs to receive discounts or rebates | 54422 |
| for dangerous drugs dispensed under the medicaid program. | 54423 |
| | 54424 |
| family
services may
provide medical assistance under | 54425 |
| 54426 | |
| 54427 | |
| 54428 | |
| federal funds are provided for such assistance, to each former | 54429 |
| participant of the Ohio works first program established under | 54430 |
| Chapter 5107. of the Revised Code who meets all of the following | 54431 |
| requirements: | 54432 |
| (1) Is ineligible to participate in Ohio works first solely | 54433 |
| as a result of increased income due to employment; | 54434 |
| (2) Is not covered by, and does not have access to, medical | 54435 |
| insurance coverage through the employer with benefits comparable | 54436 |
| to those provided under this section, as determined in accordance | 54437 |
| with rules adopted by the director of job and family services | 54438 |
| under division (B) of this section; | 54439 |
| (3) Meets any other requirement established by rule adopted | 54440 |
| under division (B) of this section. | 54441 |
| (B) The director of job and family services shall adopt such | 54442 |
| rules under Chapter 119. of the Revised Code as are necessary to | 54443 |
| implement and administer the medical assistance program under this | 54444 |
| section. | 54445 |
| (C) A person seeking to participate in a program of medical | 54446 |
| assistance under this section shall apply to the county department | 54447 |
| of job and family services in the county in which the applicant | 54448 |
| resides. The application shall be made on a form prescribed by the | 54449 |
| department of job and family services and furnished by the county | 54450 |
| department. | 54451 |
| (D) If the county department of job and family services | 54452 |
| determines that a person is eligible to receive medical assistance | 54453 |
| under this section, the department shall provide assistance, to | 54454 |
| the same extent and in the same manner as medical assistance is | 54455 |
| provided to a person eligible for medical assistance pursuant to | 54456 |
| division (A)(1)(a) of section 5111.01 of the Revised Code, for no | 54457 |
| longer than twelve months, beginning the month after the date the | 54458 |
| participant's eligibility for Ohio works first is terminated. | 54459 |
| Sec. 5111.02. The director of job and family services shall | 54460 |
| adopt, and may amend or rescind, rules under Chapter 119. of the | 54461 |
| Revised Code establishing the amount, duration, and scope of | 54462 |
| medicaid services. The rules shall be consistent with federal and | 54463 |
| state law. The rules may be different for different medicaid | 54464 |
| services. The rules shall establish all of the following: | 54465 |
| (A) The conditions under which the medicaid program shall | 54466 |
| cover and reimburse medicaid services; | 54467 |
| (B) The method of reimbursement applicable to each medicaid | 54468 |
| service; | 54469 |
| (C) The amount of reimbursement or, in lieu of amounts, | 54470 |
| methods by which amounts are to be determined for each medicaid | 54471 |
| service; | 54472 |
| (D) Procedures for enforcing the rules adopted under this | 54473 |
| section that provide due process protections, including procedures | 54474 |
| for corrective action plans for, and imposing financial and | 54475 |
| administrative sanctions on, persons and government entities that | 54476 |
| violate the rules. | 54477 |
| | 54478 |
| medicaid program: | 54479 |
| | 54480 |
| regulation and at the department's discretion, reimbursement by | 54481 |
| the department of job and family services to a medical provider | 54482 |
| for any medical service rendered under the program shall not | 54483 |
| exceed the authorized reimbursement level for the same service | 54484 |
| under the medicare program established under Title XVIII of the | 54485 |
|
"Social Security Act," | 54486 |
|
U.S.C. | 54487 |
| | 54488 |
| charges shall not exceed the customary and usual fee for | 54489 |
| laboratory profiles. | 54490 |
| | 54491 |
|
rendered by a medicaid provider under the | 54492 |
| medicaid program any amounts the provider owes the state as the | 54493 |
| result of
incorrect | 54494 |
| department has made to the provider. | 54495 |
| | 54496 |
| accordance with the applicable requirements set forth in federal | 54497 |
| laws and regulations and determine any amounts the provider may | 54498 |
| owe the state. When conducting final fiscal audits, the department | 54499 |
| shall consider generally accepted auditing standards, which | 54500 |
| include the use of statistical sampling. | 54501 |
| | 54502 |
|
which
reimbursement is made on behalf of a medicaid recipient | 54503 |
| 54504 | |
| diagnostic-related-group prospective payment system shall not | 54505 |
| exceed thirty days during a period beginning on the day of the | 54506 |
| recipient's admission to the hospital and ending sixty days after | 54507 |
| the termination of that hospital stay, except that the department | 54508 |
| may make exceptions to this limitation. The limitation does not | 54509 |
| apply to children participating in the program for medically | 54510 |
| handicapped children established under section 3701.023 of the | 54511 |
| Revised Code. | 54512 |
| | 54513 |
| 54514 | |
| 54515 | |
| 54516 | |
| 54517 | |
| 54518 | |
| 54519 | |
| 54520 | |
| 54521 | |
| 54522 | |
| 54523 |
| | 54524 |
| collaborating physician or podiatrist and a clinical nurse | 54525 |
| specialist, certified nurse-midwife, or certified nurse | 54526 |
| practitioner for services performed by the nurse shall be | 54527 |
| determined and agreed on by the nurse and collaborating physician | 54528 |
| or podiatrist. In no case shall reimbursement exceed the payment | 54529 |
| that the physician or podiatrist would have received had the | 54530 |
| physician or podiatrist provided the entire service. | 54531 |
| | 54532 |
| medicaid program, any amount determined to be owed the state by a | 54533 |
| final fiscal audit
conducted pursuant to division | 54534 |
| section | 54535 |
| an adjudication order pursuant to Chapter 119. of the Revised Code | 54536 |
| that contains a finding that there is a preponderance of the | 54537 |
| evidence that the provider will liquidate assets or file | 54538 |
| bankruptcy in order to prevent payment of the amount determined to | 54539 |
| be owed the state, becomes a lien upon the real and personal | 54540 |
| property of the provider. Upon failure of the provider to pay the | 54541 |
| amount to the state, the director of job and family services shall | 54542 |
| file notice of the lien, for which there shall be no charge, in | 54543 |
| the office of the county recorder of the county in which it is | 54544 |
| ascertained that the provider owns real or personal property. The | 54545 |
| director shall notify the provider by mail of the lien, but | 54546 |
| absence of proof that the notice was sent does not affect the | 54547 |
| validity of the lien. The lien is not valid as against the claim | 54548 |
| of any mortgagee, pledgee, purchaser, judgment creditor, or other | 54549 |
| lienholder of record at the time the notice is filed. | 54550 |
| If the provider acquires real or personal property after | 54551 |
| notice of the lien is filed, the lien shall not be valid as | 54552 |
| against the claim of any mortgagee, pledgee, subsequent bona fide | 54553 |
| purchaser for value, judgment creditor, or other lienholder of | 54554 |
| record to such after-acquired property unless the notice of lien | 54555 |
| is refiled after the property is acquired by the provider and | 54556 |
| before the competing lien attaches to the after-acquired property | 54557 |
| or before the conveyance to the subsequent bona fide purchaser for | 54558 |
| value. | 54559 |
| When the amount has been paid, the provider may record with | 54560 |
| the recorder notice of the payment. For recording such notice of | 54561 |
| payment, the recorder shall charge and receive from the provider a | 54562 |
| base fee of one dollar for services and a housing trust fund fee | 54563 |
| of one dollar pursuant to section 317.36 of the Revised Code. | 54564 |
| In the event of a distribution of a provider's assets | 54565 |
| pursuant to an order of any court under the law of this state | 54566 |
| including any receivership, assignment for benefit of creditors, | 54567 |
| adjudicated insolvency, or similar proceedings, amounts then or | 54568 |
| thereafter due the state under this chapter have the same priority | 54569 |
| as provided by law for the payment of taxes due the state and | 54570 |
| shall be paid out of the receivership trust fund or other such | 54571 |
| trust fund in the same manner as provided for claims for unpaid | 54572 |
| taxes due the state. | 54573 |
| If the attorney general finds after investigation that any | 54574 |
| amount due the state under this chapter is uncollectable, in whole | 54575 |
| or in part, the attorney general shall recommend to the director | 54576 |
| the cancellation of all or part of the claim. The director may | 54577 |
| thereupon effect the cancellation. | 54578 |
| | 54579 |
| (1) "Community mental health facility" means a community | 54580 |
| mental health facility that has a quality assurance program | 54581 |
| accredited by the joint commission on accreditation of healthcare | 54582 |
| organizations or is certified by the department of mental health | 54583 |
| or department of job and family services. | 54584 |
| (2) "Mental health professional" means a person qualified to | 54585 |
| work with mentally ill persons under the standards established by | 54586 |
| the director of mental health pursuant to section 5119.611 of the | 54587 |
| Revised Code. | 54588 |
| (B) The state medicaid plan shall include provision of the | 54589 |
| following mental health services when provided by community mental | 54590 |
| health facilities: | 54591 |
| (1) Outpatient mental health services, including, but not | 54592 |
| limited to, preventive, diagnostic, therapeutic, rehabilitative, | 54593 |
| and palliative interventions rendered to individuals in an | 54594 |
| individual or group setting by a mental health professional in | 54595 |
| accordance with a plan of treatment appropriately established, | 54596 |
| monitored, and reviewed; | 54597 |
| (2) Partial-hospitalization mental health services of three | 54598 |
| to fourteen hours per service day, rendered by persons directly | 54599 |
| supervised by a mental health professional; | 54600 |
| (3) Unscheduled, emergency mental health services of a kind | 54601 |
| ordinarily provided to persons in crisis when rendered by persons | 54602 |
| supervised by a mental health professional; | 54603 |
| (4) Subject to receipt of federal approval, assertive | 54604 |
| community treatment and intensive home-based mental health | 54605 |
| services. | 54606 |
| (C) The comprehensive annual plan shall certify the | 54607 |
| availability of sufficient unencumbered community mental health | 54608 |
| state subsidy and local funds to match federal medicaid | 54609 |
| reimbursement funds earned by community mental health facilities. | 54610 |
| (D) The department of job and family services shall enter | 54611 |
| into a separate contract with the department of mental health | 54612 |
| under section 5111.91 of the Revised Code with regard to the | 54613 |
| component of the medicaid program provided for by this section. | 54614 |
| (E) Not later than July 21, | 54615 |
| and family services shall request federal approval to provide | 54616 |
| assertive community treatment and intensive home-based mental | 54617 |
| health services under medicaid pursuant to this section. | 54618 |
| (F) On receipt of federal approval sought under division (E) | 54619 |
| of this section, the director of job and family services shall | 54620 |
| adopt rules in accordance with Chapter 119. of the Revised Code | 54621 |
| for assertive community treatment and intensive home-based mental | 54622 |
| health services provided under medicaid pursuant to this section. | 54623 |
| The director shall consult with the department of mental health in | 54624 |
| adopting the rules. | 54625 |
| Sec. 5111.025. (A) In rules adopted under section 5111.02 of | 54626 |
| the Revised Code, the director of job and family services shall | 54627 |
| modify the manner or establish a new manner in which the following | 54628 |
| are paid under medicaid: | 54629 |
| (1) Community mental health facilities for providing mental | 54630 |
| health services included in the state medicaid plan pursuant to | 54631 |
| section | 54632 |
| (2) Providers of alcohol and drug addiction services for | 54633 |
| providing alcohol and drug addiction services included in the | 54634 |
| medicaid program pursuant to rules adopted under section 5111.02 | 54635 |
| of the Revised Code. | 54636 |
| (B) The director's authority to modify the manner, or to | 54637 |
| establish a new manner, for medicaid to pay for the services | 54638 |
| specified in division (A) of this section is not limited by any | 54639 |
| rules adopted under section 5111.02 or 5119.61 of the Revised Code | 54640 |
| that are in effect on | 54641 |
| 2003, and govern the way medicaid pays for those services. This is | 54642 |
| the case regardless of what state agency adopted the rules. | 54643 |
| Sec. 5111.027. If the medicaid program provides prescription | 54644 |
| drug services to medicaid recipients, the program shall not | 54645 |
| provide reimbursement for prescription drugs for treatment of | 54646 |
| erectile dysfunction. | 54647 |
| Sec. 5111.028. (A) The director of job and family services | 54648 |
| may establish a step therapy system for the medicaid program under | 54649 |
| which a medicaid provider shall do, except as provided in division | 54650 |
| (B) of this section, all of the following: | 54651 |
| (1) When prescribing an initial medical treatment for a | 54652 |
| medicaid recipient, prescribe the least costly treatment that can | 54653 |
| be used to safely and effectively treat the medicaid recipient's | 54654 |
| symptoms or effect a cure for the medicaid recipient's medical | 54655 |
| condition; | 54656 |
| (2) If the initial medical treatment does not treat the | 54657 |
| symptoms or effect a cure, sequentially prescribe increasingly | 54658 |
| more costly treatments after providing the director with clinical | 54659 |
| substantiation that the previous treatment was unsafe or | 54660 |
| ineffective in treating the symptoms or effecting a cure. | 54661 |
| (B) A medicaid provider is not required to follow the step | 54662 |
| therapy system if the treatment a medicaid recipient needs is an | 54663 |
| antiretroviral agent. | 54664 |
| Sec. 5111.042. The departments of mental retardation and | 54665 |
| developmental disabilities and job and family services may | 54666 |
| approve, reduce, deny, or terminate a service included in the | 54667 |
| individualized service plan developed for a medicaid recipient | 54668 |
| with mental retardation or other developmental disability who is | 54669 |
|
eligible for medicaid case management services. | 54670 |
| 54671 | |
| 54672 | |
| 54673 | |
| department approves, reduces, denies, or terminates a service, | 54674 |
| that department shall timely notify the medicaid recipient that | 54675 |
| the recipient may request a hearing under section 5101.35 of the | 54676 |
| Revised Code. | 54677 |
| Sec. 5111.06. (A)(1) As used in this section and in sections | 54678 |
| 5111.061 and 5111.062 of the Revised Code: | 54679 |
| (a) "Provider" means any person, institution, or entity that | 54680 |
| furnishes medicaid services under a provider agreement with the | 54681 |
| department of job and family services pursuant to Title XIX of the | 54682 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as | 54683 |
| amended. | 54684 |
| (b) "Party" has the same meaning as in division (G) of | 54685 |
| section 119.01 of the Revised Code. | 54686 |
| (c) "Adjudication" has the same meaning as in division (D) of | 54687 |
| section 119.01 of the Revised Code. | 54688 |
| (2) This section does not apply to any action taken by the | 54689 |
| department of job and family services under sections 5111.35 to | 54690 |
| 5111.62 of the Revised Code. | 54691 |
| (B) Except as provided in division (D) of this section and | 54692 |
| section 5111.914 of the Revised Code, the department shall do | 54693 |
| either of the following by issuing an order pursuant to an | 54694 |
| adjudication conducted in accordance with Chapter 119. of the | 54695 |
| Revised Code: | 54696 |
| (1) Enter into or refuse to enter into a provider agreement | 54697 |
| with a provider, or suspend, terminate, renew, or refuse to renew | 54698 |
| an existing provider agreement with a provider; | 54699 |
| (2) Take any action based upon a final fiscal audit of a | 54700 |
| provider. | 54701 |
| (C) Any party who is adversely affected by the issuance of an | 54702 |
| adjudication order under division (B) of this section may appeal | 54703 |
| to the court of common pleas of Franklin county in accordance with | 54704 |
| section 119.12 of the Revised Code. | 54705 |
| (D) The department is not required to comply with division | 54706 |
| (B)(1) of this section whenever any of the following occur: | 54707 |
| (1) The terms of a provider agreement require the provider to | 54708 |
| have a license, permit, or certificate issued by an official, | 54709 |
| board, commission, department, division, bureau, or other agency | 54710 |
| of state government other than the department of job and family | 54711 |
| services, and the license, permit, or certificate has been denied | 54712 |
| or revoked. | 54713 |
| (2) The provider agreement is denied, terminated, or not | 54714 |
| renewed pursuant to division (C) or (E) of section 5111.03 of the | 54715 |
| Revised Code; | 54716 |
| (3) The provider agreement is denied, terminated, or not | 54717 |
| renewed due to the provider's termination, suspension, or | 54718 |
| exclusion from the medicare program established under Title XVIII | 54719 |
| of the "Social Security Act," and the termination, suspension, or | 54720 |
| exclusion is binding on the provider's participation in the | 54721 |
| medicaid program; | 54722 |
| (4) The provider agreement is denied, terminated, or not | 54723 |
| renewed due to the provider's pleading guilty to or being | 54724 |
| convicted of a criminal activity materially related to either the | 54725 |
| medicare or medicaid program; | 54726 |
| (5) The provider agreement is denied, terminated, or | 54727 |
| suspended as a result of action by the United States department of | 54728 |
| health and human services and that action is binding on the | 54729 |
| provider's participation in the medicaid program; | 54730 |
| (6) The provider agreement is terminated or not renewed | 54731 |
| because the provider has not billed or otherwise submitted a | 54732 |
| medicaid claim to the department for two years or longer, and the | 54733 |
| department has determined that the provider has moved from the | 54734 |
| address on record with the department without leaving an active | 54735 |
| forwarding address with the department. | 54736 |
| In the case of a provider described in division (D)(6) of | 54737 |
| this section, the department may terminate or not renew the | 54738 |
| provider agreement by sending a notice explaining the department's | 54739 |
| proposed action to the address on record with the department. The | 54740 |
| notice may be sent by regular mail. | 54741 |
| (E) The department may withhold payments for services | 54742 |
| rendered by a medicaid provider under the medical assistance | 54743 |
| program during the pendency of proceedings initiated under | 54744 |
| division (B)(1) of this section. If the proceedings are initiated | 54745 |
| under division (B)(2) of this section, the department may withhold | 54746 |
| payments only to the extent that they equal amounts determined in | 54747 |
| a final fiscal audit as being due the state. This division does | 54748 |
| not apply if the department fails to comply with section 119.07 of | 54749 |
| the Revised Code, requests a continuance of the hearing, or does | 54750 |
| not issue a decision within thirty days after the hearing is | 54751 |
| completed. This division does not apply to nursing facilities and | 54752 |
| intermediate care facilities for the mentally retarded as defined | 54753 |
| in section 5111.20 of the Revised Code. | 54754 |
| Sec. 5111.061. (A) The department of job and family services | 54755 |
| may recover, at any time, a medicaid payment or portion of a | 54756 |
| payment made to a provider to which the provider is not entitled. | 54757 |
| Among the overpayments that may be recovered under this section | 54758 |
| are the following: | 54759 |
| (1) Payment for a service, or a day of service, not rendered; | 54760 |
| (2) Payment for a day of service at a full per diem rate that | 54761 |
| should have been paid at a percentage of the full per diem rate; | 54762 |
| (3) Payment of a service, or day of service, that was paid | 54763 |
| by, or partially paid by, a third-party, as defined in section | 54764 |
| 5101.571 of the Revised Code, and the third-party's payment or | 54765 |
| partial payment was not offset against the amount paid by the | 54766 |
| medicaid program to reduce or eliminate the amount that was paid | 54767 |
| by the medicaid program; | 54768 |
| (4) Payment when a medicaid recipient's responsibility for | 54769 |
| payment was understated and resulted in an overpayment to the | 54770 |
| provider. | 54771 |
| (B) The department is authorized to recover overpayments | 54772 |
| under this section prior to or after any of the following: | 54773 |
| (1) Adjudication of a final fiscal audit that section 5111.06 | 54774 |
| of the Revised Code requires to be conducted in accordance with | 54775 |
| Chapter 119. of the Revised Code; | 54776 |
| (2) Adjudication of a finding under any other provision of | 54777 |
| this chapter or the rules adopted under it; | 54778 |
| (3) Expiration of the time to issue a final fiscal audit that | 54779 |
| section 5111.06 of the Revised Code requires to be conducted in | 54780 |
| accordance with Chapter 119. of the Revised Code; | 54781 |
| (4) Expiration of the time to issue a finding under any other | 54782 |
| provision of this chapter or the rules adopted under it. | 54783 |
| (C)(1) Subject to division (C)(2) of this section, the | 54784 |
| recovery of an overpayment under this section does not preclude | 54785 |
| the department from subsequently doing the following: | 54786 |
| (a) Issuing a final fiscal audit in accordance with Chapter | 54787 |
| 119. of the Revised Code, as required under section 5111.06 of the | 54788 |
| Revised Code; | 54789 |
| (b) Issuing a finding under any other provision of this | 54790 |
| chapter or the rules adopted under it. | 54791 |
| (2) A final fiscal audit or finding issued subsequent to the | 54792 |
| recovery of an overpayment under this section shall be reduced by | 54793 |
| the amount of the prior recovery, as appropriate. | 54794 |
| (D) Nothing in this section limits the department's authority | 54795 |
| to recover overpayments pursuant to any other provision of the | 54796 |
| Revised Code. | 54797 |
| Sec. 5111.062. In any action taken by the department of job | 54798 |
| and family services under section 5111.06 or 5111.061 of the | 54799 |
| Revised Code or any other provision of this chapter that requires | 54800 |
| the department to give notice of an opportunity for a hearing in | 54801 |
| accordance with Chapter 119. of the Revised Code, if the | 54802 |
| department gives notice of the opportunity for a hearing but the | 54803 |
| provider or other entity subject to the notice does not request a | 54804 |
| hearing or timely request a hearing in accordance with section | 54805 |
| 119.07 of the Revised Code, the department is not required to hold | 54806 |
| a hearing. The director of job and family service may proceed by | 54807 |
| issuing a final adjudication order in accordance with Chapter 119. | 54808 |
| of the Revised Code. | 54809 |
| Sec. 5111.082. The director of job and family services, in | 54810 |
| rules adopted under section 5111.02 of the Revised Code, may | 54811 |
| establish and implement a supplemental drug rebate program under | 54812 |
| which drug manufacturers may be required to provide the department | 54813 |
| of job and family services a supplemental rebate as a condition of | 54814 |
| having the drug manufacturers' drug products covered by the | 54815 |
| medicaid program without prior approval. The department may | 54816 |
| receive a supplemental rebate negotiated under the program for a | 54817 |
| drug dispensed to a medicaid recipient pursuant to a prescription | 54818 |
| or a drug purchased by a medicaid provider for administration to a | 54819 |
| medicaid recipient in the provider's primary place of business. If | 54820 |
| necessary, the director may apply to the United States secretary | 54821 |
| of health and human services for a waiver of federal statutes and | 54822 |
| regulations to establish the supplemental drug rebate program. | 54823 |
| If the director establishes a supplemental drug rebate | 54824 |
| program, the director shall consult with drug manufacturers | 54825 |
| regarding the establishment and implementation of the program. | 54826 |
| | 54827 |
| 54828 | |
| 54829 | |
| 54830 | |
| 54831 |
| | 54832 |
| 54833 | |
| 54834 |
| | 54835 |
| 54836 |
| Sec. 5111.083. (A) As used in this section: | 54837 |
| (1) "State maximum allowable cost" means the per unit amount | 54838 |
| the department of job and family services reimburses a terminal | 54839 |
| distributor of dangerous drugs for a prescription drug included in | 54840 |
| the state maximum allowable cost program established under | 54841 |
| division (B) of this section. "State maximum allowable cost" | 54842 |
| excludes dispensing fees and copayments, coinsurance, or other | 54843 |
| cost-sharing charges, if any. | 54844 |
| (2) "Terminal distributor of dangerous drugs" has the same | 54845 |
| meaning as in section 4729.01 of the Revised Code. | 54846 |
| (B) The director of job and family services shall establish a | 54847 |
| state maximum allowable cost program for purposes of managing | 54848 |
| reimbursement to terminal distributors of dangerous drugs for | 54849 |
| prescription drugs identified by the director pursuant to this | 54850 |
| division. The director shall do all of the following with respect | 54851 |
| to the program: | 54852 |
| (1) Identify and create a list of prescription drugs to be | 54853 |
| included in the program. | 54854 |
| (2) Update the list of prescription drugs described in | 54855 |
| division (B)(1) of this section on a weekly basis. | 54856 |
| (3) Review the state maximum allowable cost for each drug | 54857 |
| included on the list described in division (B)(1) of this section | 54858 |
| on a weekly basis. | 54859 |
| (C) The director may adopt rules in accordance with Chapter | 54860 |
| 119. of the Revised Code to implement this section. | 54861 |
| Sec. 5111.084. (A) As used in this section, "licensed health | 54862 |
| professional authorized to prescribe drugs" has the same meaning | 54863 |
| as in section 4729.01 of the Revised Code. | 54864 |
| (B) The director of job and family services may establish an | 54865 |
| e-prescribing system for the medicaid program under which a | 54866 |
| medicaid provider who is a licensed health professional authorized | 54867 |
| to prescribe drugs shall use an electronic system to prescribe a | 54868 |
| drug for a medicaid recipient when required to do so by division | 54869 |
| (C) of this section. The e-prescribing system shall eliminate the | 54870 |
| need for such medicaid providers to make prescriptions for | 54871 |
| medicaid recipients by handwriting or telephone. The e-prescribing | 54872 |
| system also shall provide such medicaid providers with an | 54873 |
| up-to-date, clinically relevant drug information database and a | 54874 |
| system of electronically monitoring medicaid recipients' medical | 54875 |
| history, drug regimen compliance, and fraud and abuse. | 54876 |
| (C) If the director establishes an e-prescribing system under | 54877 |
| division (B) of this section, the director shall do all of the | 54878 |
| following: | 54879 |
| (1) Require that a medicaid provider who is a licensed health | 54880 |
| professional authorized to prescribe drugs use the e-prescribing | 54881 |
| system during a fiscal year if the medicaid provider was one of | 54882 |
| the ten medicaid providers who, during the calendar year that | 54883 |
| precedes that fiscal year, issued the most prescriptions for | 54884 |
| medicaid recipients receiving hospital services; | 54885 |
| (2) Before the beginning of each fiscal year, determine the | 54886 |
| ten medicaid providers that issued the most prescriptions for | 54887 |
| medicaid recipients receiving hospital services during the | 54888 |
| calendar year that precedes the upcoming fiscal year and notify | 54889 |
| those medicaid providers that they must use the e-prescribing | 54890 |
| system for the upcoming fiscal year; | 54891 |
| (3) Seek the most federal financial participation available | 54892 |
| for the development and implementation of the e-prescribing | 54893 |
| system. | 54894 |
| | 54895 |
| pharmacy and therapeutics committee of the department of job and | 54896 |
| family
services. The
committee
shall consist of | 54897 |
| and shall be appointed by the director of job and family services. | 54898 |
| The
membership of the
committee shall include: | 54899 |
| pharmacists licensed under Chapter 4729. of the Revised Code; two | 54900 |
| doctors of medicine and two doctors of osteopathy licensed under | 54901 |
| Chapter 4731. of the Revised Code; a registered nurse licensed | 54902 |
| under Chapter 4723. of the Revised Code; and a pharmacologist who | 54903 |
| has a doctoral degree. The committee shall elect one of its | 54904 |
| members as chairperson. | 54905 |
| Sec. 5111.10. The director of job and family services may | 54906 |
| conduct reviews of the medicaid program. The reviews may include | 54907 |
| physical inspections of records and sites where medicaid-funded | 54908 |
| services are provided and interviews of providers and recipients | 54909 |
| of the services. If the director determines pursuant to a review | 54910 |
| that a person or government entity has violated a rule governing | 54911 |
| the medicaid program, the director may establish a corrective | 54912 |
| action plan for the violator and impose fiscal, administrative, or | 54913 |
| both types of sanctions on the violator in accordance with rules | 54914 |
| governing the medicaid program. Such action to be taken against a | 54915 |
| responsible entity, as defined in section 5101.24 of the Revised | 54916 |
| Code, shall be taken in accordance with that section. | 54917 |
| Sec. 5111.11. (A) As used in this section | 54918 |
| 54919 |
| (1) "Estate" includes both of the following: | 54920 |
| (a) All real and personal property and other assets to be | 54921 |
| administered under Title XXI of the Revised Code and property that | 54922 |
| would be administered under that title if not for section 2113.03 | 54923 |
| or 2113.031 of the Revised Code; | 54924 |
| (b) Any other real and personal property and other assets in | 54925 |
| which an individual had any legal title or interest at the time of | 54926 |
| death (to the extent of the interest), including assets conveyed | 54927 |
| to a survivor, heir, or assign of the individual through joint | 54928 |
| tenancy, tenancy in common, survivorship, life estate, living | 54929 |
| trust, or other arrangement. | 54930 |
| (2) "Institution" means a nursing facility, intermediate care | 54931 |
| facility for the mentally retarded, or a medical institution. | 54932 |
| (3) "Intermediate care facility for the mentally retarded" | 54933 |
| and "nursing facility" have the same meanings as in section | 54934 |
| 5111.20 of the Revised Code. | 54935 |
| (4) "Permanently institutionalized individual" means an | 54936 |
| individual to whom all of the following apply: | 54937 |
| (a) Is an inpatient in an institution; | 54938 |
| (b) Is required, as a condition of the medicaid program | 54939 |
| paying for the individual's services in the institution, to spend | 54940 |
| for costs of medical or nursing care all of the individual's | 54941 |
| income except for an amount for personal needs specified by the | 54942 |
| department of job and family services; | 54943 |
| (c) Cannot reasonably be expected to be discharged from the | 54944 |
| institution and return home as determined by the department of job | 54945 |
| and family services. | 54946 |
| (5) "Time of death" shall not be construed to mean a time | 54947 |
| after which a legal title or interest in real or personal property | 54948 |
| or other asset may pass by survivorship or other operation of law | 54949 |
| due to the death of the decedent or terminate by reason of the | 54950 |
| decedent's death. | 54951 |
| (B) | 54952 |
| 54953 | |
| 54954 | |
| law, the department of job and family services shall institute an | 54955 |
| estate recovery program | 54956 |
| 54957 | |
| 54958 | |
| 54959 | |
| 54960 | |
| 54961 | |
| 54962 | |
| 54963 | |
| 54964 |
| | 54965 |
| 54966 | |
| 54967 | |
| 54968 | |
| 54969 | |
| 54970 | |
| 54971 | |
| 54972 | |
| 54973 | |
| 54974 | |
| 54975 |
| | 54976 |
| divisions (C) and (D) of this section, do both of the following: | 54977 |
| (1) For the costs of medicaid services the medicaid program | 54978 |
| correctly paid or will pay on behalf of a permanently | 54979 |
| institutionalized individual of any age, seek adjustment or | 54980 |
| recovery from the individual's estate or on the sale of property | 54981 |
| of the individual or spouse that is subject to a lien imposed | 54982 |
| under section 5111.111 of the Revised Code; | 54983 |
| (2) For the costs of medicaid services the medicaid program | 54984 |
| correctly paid or will pay on behalf of an individual fifty-five | 54985 |
| years of age or older who is not a permanently institutionalized | 54986 |
| individual, seek adjustment or recovery from the individual's | 54987 |
| estate. | 54988 |
| (C)(1) No adjustment or recovery may be made under division | 54989 |
| (B)(1) of this section from a permanently institutionalized | 54990 |
| individual's estate or on the sale of property of a permanently | 54991 |
| institutionalized individual that is subject to a lien imposed | 54992 |
| under section 5111.111 of the Revised Code or under division | 54993 |
| (B)(2) of this section from an individual's estate while either of | 54994 |
| the following are alive: | 54995 |
| (a) The spouse of the permanently institutionalized | 54996 |
| individual or individual; | 54997 |
| (b) The son or daughter of a permanently institutionalized | 54998 |
| individual or individual if the son or daughter is under age | 54999 |
| twenty-one or, under 42 U.S.C. 1382c, is considered blind or | 55000 |
| disabled. | 55001 |
| (2) No adjustment or recovery may be made under division | 55002 |
| (B)(1) of this section from a permanently institutionalized | 55003 |
| individual's home that is subject to a lien imposed under section | 55004 |
| 5111.111 of the Revised Code while either of the following | 55005 |
| lawfully reside in the home: | 55006 |
| (a) The permanently institutionalized individual's sibling | 55007 |
| who resided in the home for at least one year immediately before | 55008 |
| the date of the permanently institutionalized individual's | 55009 |
| admission to the institution and on a continuous basis since that | 55010 |
| time; | 55011 |
| (b) The permanently institutionalized individual's son or | 55012 |
| daughter who provided care to the permanently institutionalized | 55013 |
| individual that delayed the permanently institutionalized | 55014 |
| individual's institutionalization and resided in the home for at | 55015 |
| least two years immediately before the date of the permanently | 55016 |
| institutionalized individual's admission to the institution and on | 55017 |
| a continuous basis since that time. | 55018 |
|
(D) The department | 55019 |
| recovery | 55020 |
| by this section if the director of job and family services | 55021 |
| determines that adjustment or recovery would work an undue | 55022 |
| hardship. | 55023 |
| to the period during which the undue hardship exists. | 55024 |
| The director, in accordance with Chapter 119. of the Revised | 55025 |
| Code, shall adopt rules | 55026 |
| program, including rules that establish procedures and criteria | 55027 |
| for
waiver of adjustment or recovery due to an undue hardship | 55028 |
| 55029 | |
| United States secretary of health and human services under 42 | 55030 |
| U.S.C. 1396p(b)(3), as amended. | 55031 |
| | 55032 |
| 55033 | |
| 55034 | |
| 55035 |
| (E) For the purpose of determining whether an individual | 55036 |
| meets the definition of "permanently institutionalized individual" | 55037 |
| established for this section, a rebuttable presumption exists that | 55038 |
| the individual cannot reasonably be expected to be discharged from | 55039 |
| an institution and return home if either of the following is the | 55040 |
| case: | 55041 |
| (1) The individual declares that he or she does not intend to | 55042 |
| return home. | 55043 |
| (2) The individual has been an inpatient in an institution | 55044 |
| for at least six months. | 55045 |
| Sec. 5111.111. | 55046 |
| 55047 | |
| 55048 | |
| 55049 |
| | 55050 |
| and section 5111.12 of the Revised Code, no lien may be imposed | 55051 |
| against the property of an individual before the individual's | 55052 |
| death on account of medicaid services correctly paid or to be paid | 55053 |
| on the individual's behalf. | 55054 |
| (B) Except as provided in division (C) of this section, the | 55055 |
| department of job and family services may | 55056 |
|
against
the real property of a | 55057 |
| recipient | 55058 |
| against the real property of the recipient's spouse,
| 55059 |
| 55060 | |
| 55061 | |
| 55062 | |
| real property that is jointly held by the recipient and spouse. | 55063 |
| 55064 | |
| 55065 | |
| 55066 | |
| imposed on account of medicaid paid or to be paid on the | 55067 |
| recipient's behalf. | 55068 |
| (C) No lien may be imposed under division (B) of this section | 55069 |
| against the home of a medicaid recipient if any of the following | 55070 |
| lawfully resides in the home: | 55071 |
| (1) The recipient's spouse; | 55072 |
| (2) The recipient's son or daughter who is under twenty-one | 55073 |
| years of age or, under 42 U.S.C. 1382c, considered to be blind or | 55074 |
| disabled; | 55075 |
| (3) The recipient's sibling who has an equity interest in the | 55076 |
| home and resided in the home for at least one year immediately | 55077 |
| before the date of the recipient's admission to the institution. | 55078 |
| (D) The director of job and family services or a person | 55079 |
| designated by
the director | 55080 |
| 55081 | |
| section. The county department of job and family services shall | 55082 |
| file for recording and indexing the certificate, or a certified | 55083 |
| copy, in the real estate mortgage records in the office of the | 55084 |
| county recorder in every county in which real property of the | 55085 |
| recipient or spouse is situated. From the time of filing the | 55086 |
| certificate in the office of the county recorder, the lien | 55087 |
| attaches to all real property of the recipient or spouse described | 55088 |
| 55089 | |
| 55090 | |
| be made under section 5111.11 of the Revised Code and, except as | 55091 |
| provided in division (E) of this section, shall remain a lien | 55092 |
| until satisfied. | 55093 |
| Upon filing the certificate in the office of the recorder, | 55094 |
| all persons are charged with notice of the lien and the rights of | 55095 |
| the department of job and family services thereunder. | 55096 |
| The county recorder shall keep a record of every certificate | 55097 |
| filed showing its date, the time of filing, the name and residence | 55098 |
| of the recipient or spouse, and any release, waivers, or | 55099 |
| satisfaction of the lien. | 55100 |
| The priority of the lien shall be established in accordance | 55101 |
| with state and federal law. | 55102 |
| The department may waive the priority of its lien to provide | 55103 |
| for the costs of the last illness as determined by the department, | 55104 |
| administration, attorney fees, administrator fees, a sum for the | 55105 |
| payment of the costs of burial, which shall be computed by | 55106 |
| deducting from five hundred dollars whatever amount is available | 55107 |
| for the same purpose from all other sources, and a similar sum for | 55108 |
| the spouse of the decedent. | 55109 |
| (E) A lien imposed with respect to a medicaid recipient under | 55110 |
| this section shall dissolve on the recipient's discharge from the | 55111 |
| institution and return home. | 55112 |
| Sec. 5111.112. The department of job and family services may | 55113 |
| enter into a contract with any person or government entity under | 55114 |
| which the person or government entity administers the estate | 55115 |
| recovery program instituted under section 5111.11 of the Revised | 55116 |
| Code on behalf of the department or performs any of the functions | 55117 |
| required to carry out the program. The contract may provide for | 55118 |
| the person or government entity to be compensated from the | 55119 |
| property recovered under the program or may provide for another | 55120 |
| manner of compensation agreed to by the person or government | 55121 |
| entity and the department. Regardless of whether it is | 55122 |
| administered by the department or a person or government entity | 55123 |
| under contract with the department, the program shall be | 55124 |
| administered in accordance with applicable requirements of federal | 55125 |
| law and regulations and state law and rules. | 55126 |
| Any action that may be taken by the department under section | 55127 |
| 5111.111 of the Revised Code may be taken by a person or | 55128 |
| government entity administering the program, or performing actions | 55129 |
| specified in that section, pursuant to a contract with the | 55130 |
| department. | 55131 |
| | 55132 |
| (1) "Adult care facility" has the same meaning as in section | 55133 |
| 3722.01 of the Revised Code. | 55134 |
| (2) "Commissioner" means a person appointed by a probate | 55135 |
| court under division (B) of section 2113.03 of the Revised Code to | 55136 |
| act as a commissioner. | 55137 |
| (3) "Home" has the same meaning as in section 3721.10 of the | 55138 |
| Revised Code. | 55139 |
| (4) "Personal needs allowance account" means an account or | 55140 |
| petty cash fund that holds the money of a resident of an adult | 55141 |
| care facility or home and that the facility or home manages for | 55142 |
| the resident. | 55143 |
| (B) Except as provided in divisions (C) and (D) of this | 55144 |
| section, the owner or operator of an adult care facility or home | 55145 |
| shall transfer to the department of job and family services the | 55146 |
| money in the personal needs allowance account of a resident of the | 55147 |
| facility or home who was a recipient of the medical assistance | 55148 |
| program no earlier than sixty days but not later than ninety days | 55149 |
| after the resident dies. The adult care facility or home shall | 55150 |
| transfer the money even though the owner or operator of the | 55151 |
| facility or home has not been issued letters testamentary or | 55152 |
| letters of administration concerning the resident's estate. | 55153 |
| (C) If funeral or burial expenses for a resident of an adult | 55154 |
| care facility or home who has died have not been paid and the only | 55155 |
| resource the resident had that could be used to pay for the | 55156 |
| expenses is the money in the resident's personal needs allowance | 55157 |
| account, or all other resources of the resident are inadequate to | 55158 |
| pay the full cost of the expenses, the money in the resident's | 55159 |
| personal needs allowance account shall be used to pay for the | 55160 |
| expenses rather than being transferred to the department of job | 55161 |
| and family services pursuant to division (B) of this section. | 55162 |
| (D) If, not later than sixty days after a resident of an | 55163 |
| adult care facility or home dies, letters testamentary or letters | 55164 |
| of administration are issued, or an application for release from | 55165 |
| administration is filed under section 2113.03 of the Revised Code, | 55166 |
| concerning the resident's estate, the owner or operator of the | 55167 |
| facility or home shall transfer the money in the resident's | 55168 |
| personal needs allowance account to the administrator, executor, | 55169 |
| commissioner, or person who filed the application for release from | 55170 |
| administration. | 55171 |
| (E) The transfer or use of money in a resident's personal | 55172 |
| needs allowance account in accordance with division (B), (C), or | 55173 |
| (D) of this section discharges and releases the adult care | 55174 |
| facility or home, and the owner or operator of the facility or | 55175 |
| home, from any claim for the money from any source. | 55176 |
| (F) If, sixty-one or more days after a resident of an adult | 55177 |
| care facility or home dies, letters testamentary or letters of | 55178 |
| administration are issued, or an application for release from | 55179 |
| administration under section 2113.03 of the Revised Code is filed, | 55180 |
| concerning the resident's estate, the department of job and family | 55181 |
| services shall transfer the funds to the administrator, executor, | 55182 |
| commissioner, or person who filed the application, unless the | 55183 |
| department is entitled to recover the money under the estate | 55184 |
| recovery program instituted under section 5111.11 of the Revised | 55185 |
| Code. | 55186 |
| | 55187 |
|
facility" and "intermediate care facility for the | 55188 |
| retarded" have the same meanings as in section 5111.20 of the | 55189 |
| Revised Code. | 55190 |
| In determining the amount of income that a recipient of | 55191 |
| medical assistance must apply monthly toward payment of the cost | 55192 |
| of care in a nursing facility or intermediate care facility for | 55193 |
| the mentally retarded, the county department of job and family | 55194 |
| services shall deduct from the recipient's monthly income a | 55195 |
| monthly personal needs allowance in accordance with section 1902 | 55196 |
| of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. | 55197 |
| 1396a, as amended. | 55198 |
| For a resident of a nursing facility, the monthly personal | 55199 |
| needs allowance shall be not less than forty dollars for an | 55200 |
| individual resident and not less than eighty dollars for a married | 55201 |
| couple if both spouses are residents of a nursing facility. | 55202 |
| For a resident of an intermediate care facility for the | 55203 |
| mentally retarded, the monthly personal needs allowance shall be | 55204 |
| forty dollars unless the resident has earned income, in which case | 55205 |
| the monthly personal needs allowance shall be determined by the | 55206 |
| state department of job and family services but shall not exceed | 55207 |
| one hundred five dollars. | 55208 |
| Sec. 5111.16. (A) As part of the medicaid program, the | 55209 |
| department of job and family services shall establish a care | 55210 |
| management system. The department shall submit, if necessary, | 55211 |
| applications to the United States department of health and human | 55212 |
| services for waivers of federal medicaid requirements that would | 55213 |
| otherwise be violated in the implementation of the system. | 55214 |
| (B)(1) The department shall implement the care management | 55215 |
| system in some or all counties and shall designate the medicaid | 55216 |
| recipients who are required or permitted to participate in the | 55217 |
| system. | 55218 |
| (2) In the case of individuals who receive medicaid on the | 55219 |
| basis of being included in the category identified by the | 55220 |
| department as covered families and children, the care management | 55221 |
| system shall be implemented in all counties and all individuals | 55222 |
| included in the category shall be designated for participation. | 55223 |
| The department shall designate the participants not later than | 55224 |
| January 1, 2006. Not later than December 31, 2006, the department | 55225 |
| shall ensure that all participants are enrolled in health insuring | 55226 |
| corporations under contract with the department pursuant to | 55227 |
| section 5111.17 of the Revised Code. | 55228 |
| | 55229 |
| (B)(2) of this section, the department may do both of the | 55230 |
| following under the care management system: | 55231 |
| (1) Require or permit participants in the system to obtain | 55232 |
| health care services from providers designated by the department; | 55233 |
| (2) | 55234 |
| obtain health care services through managed care organizations | 55235 |
| under contract with the department pursuant to section 5111.17 of | 55236 |
| the Revised Code. | 55237 |
| | 55238 |
| care management system. The report shall address the department's | 55239 |
| ability to implement the system, including the required | 55240 |
| designation of participants included in the category identified by | 55241 |
| the department as covered families and children, the conduct of | 55242 |
| the pilot programs established under sections 5111.163 to 5111.165 | 55243 |
| of the Revised Code, and the use of any programs for enhanced care | 55244 |
| management. | 55245 |
| The department shall submit each annual report to the general | 55246 |
| assembly. The first report shall be submitted not later than | 55247 |
| October 1, 2007. | 55248 |
| (E) The director of job and family services may adopt rules | 55249 |
| in accordance with Chapter 119. of the Revised Code to implement | 55250 |
| this section. | 55251 |
| Sec. 5111.161. (A) There is hereby created the medicaid care | 55252 |
| management working group, consisting of the following members: | 55253 |
| (1) Three individuals representing medicaid health insuring | 55254 |
| corporations, as defined in section 5111.176 of the Revised Code, | 55255 |
| one appointed by the president of the senate, one appointed by the | 55256 |
| speaker of the house of representatives, and one appointed by the | 55257 |
| governor; | 55258 |
| (2) One individual representing programs that provide | 55259 |
| enhanced care management services, appointed by the governor; | 55260 |
| (3) Four individuals representing health care professional | 55261 |
| and trade associations, appointed as follows: | 55262 |
| (a) One representative of the American academy of pediatrics, | 55263 |
| appointed by the president of the senate; | 55264 |
| (b) One representative of the American academy of family | 55265 |
| physicians, appointed by the speaker of the house of | 55266 |
| representatives; | 55267 |
| (c) One representative of the Ohio state medical association, | 55268 |
| appointed by the president of the senate; | 55269 |
| (d) One representative of the Ohio hospital association, | 55270 |
| appointed by the speaker of the house of representatives. | 55271 |
| (4) One individual representing behavioral health | 55272 |
| professional and trade associations, appointed by the speaker of | 55273 |
| the house of representatives; | 55274 |
| (5) Two individuals representing consumer advocates, one | 55275 |
| appointed by the president of the senate and one appointed by the | 55276 |
| speaker of the house of representatives; | 55277 |
| (6) One individual representing county departments of job and | 55278 |
| family services, appointed by the president of the senate; | 55279 |
| (7) Three individuals representing the business community, | 55280 |
| one appointed by the president of the senate, one appointed by the | 55281 |
| speaker of the house of representatives, and one appointed by the | 55282 |
| governor; | 55283 |
| (8) The director of job and family services or the director's | 55284 |
| designee; | 55285 |
| (9) The director of health or the director's designee; | 55286 |
| (10) The director of aging or the director's designee. | 55287 |
| (B) The members of the working group shall serve at the | 55288 |
| pleasure of their appointing authorities. Vacancies shall be | 55289 |
| filled in the manner provided for original appointments. | 55290 |
| (C) The working group shall develop guidelines to be followed | 55291 |
| by the department of job and family services when entering into | 55292 |
| contracts under section 5111.17 of the Revised Code with managed | 55293 |
| care organizations for purposes of the care management system | 55294 |
| established under section 5111.16 of the Revised Code. The working | 55295 |
| group shall consult regularly with the departments of insurance, | 55296 |
| aging, alcohol and drug addiction services, mental health, and | 55297 |
| mental retardation and developmental disabilities and the | 55298 |
| rehabilitation services commission. | 55299 |
| In developing the guidelines for managed care contracts, the | 55300 |
| working group shall do all of the following: | 55301 |
| (1) Examine the best practice standards used in managed care | 55302 |
| programs and other health care and related systems to maximize | 55303 |
| patient and provider satisfaction, maintain quality of care, and | 55304 |
| obtain cost-effectiveness; | 55305 |
| (2) Consider the most effective means of facilitating the | 55306 |
| expansion of the care management system and increasing consistency | 55307 |
| within the system; | 55308 |
| (3) Make recommendations for coordinating the regulatory | 55309 |
| relationships involved in the medicaid care management system; | 55310 |
| (4) Make recommendations for improving the resolution of | 55311 |
| contracting issues among the providers involved in the care | 55312 |
| management system; | 55313 |
| (5) Make recommendations to the department of job and family | 55314 |
| services for creating the financial incentive program under | 55315 |
| division (B) of section 5111.17 of the Revised Code to improve and | 55316 |
| reward positive health outcomes through care management contracts. | 55317 |
| In making these recommendations, the working group shall include | 55318 |
| all of the following: | 55319 |
| (a) Standards and procedures by which care management | 55320 |
| contractors may receive financial incentives for positive health | 55321 |
| outcomes measured on an individual basis; | 55322 |
| (b) Specific measures of positive health outcomes, | 55323 |
| particularly among individuals with high-risk health conditions; | 55324 |
| (c) Criteria for determining what constitutes a completed | 55325 |
| health outcome; | 55326 |
| (d) Methods of funding the program without requiring an | 55327 |
| increase in appropriations. | 55328 |
| (D) The working group shall prepare an annual report on its | 55329 |
| activities and shall submit the report to the president of the | 55330 |
| senate, speaker of the house of representatives, and governor. The | 55331 |
| report shall include any findings and recommendations the working | 55332 |
| group considers relevant to its duties. The working group shall | 55333 |
| complete an initial report not later than December 31, 2005. Each | 55334 |
| year thereafter, the working group shall complete its annual | 55335 |
| report by the last day of December. | 55336 |
| Sec. 5111.162. (A) As used in this section: | 55337 |
| (1) "Medicaid managed care organization" means a managed care | 55338 |
| organization that has entered into a contract with the department | 55339 |
| of job and family services pursuant to section 5111.17 of the | 55340 |
| Revised Code. | 55341 |
| (2) "Provider" has the same meaning as in section 5111.06 of | 55342 |
| the Revised Code. | 55343 |
| (B) Except as provided in division (C) of this section, when | 55344 |
| a participant in the care management system established under | 55345 |
| section 5111.16 of the Revised Code is enrolled in a medicaid | 55346 |
| managed care organization and the organization refers the | 55347 |
| participant to a provider that is not under contract with the | 55348 |
| organization, the provider shall provide the service for which the | 55349 |
| referral was made and shall accept from the organization, as | 55350 |
| payment in full, the amount derived from the reimbursement rate | 55351 |
| used by the department to reimburse other providers of the same | 55352 |
| type for providing the same service to a medicaid recipient who is | 55353 |
| not enrolled in a medicaid managed care organization. | 55354 |
| (C) A provider that is a hospital is not subject to division | 55355 |
| (B) of this section if all of the following are the case: | 55356 |
| (1) The hospital is located in a county in which participants | 55357 |
| in the care management system are required before January 1, 2006, | 55358 |
| to be enrolled in a medicaid managed care organization that is a | 55359 |
| health insuring corporation; | 55360 |
| (2) The hospital has entered into a contract before January | 55361 |
| 1, 2006, with at least one health insuring corporation serving the | 55362 |
| participants specified in division (C)(1) of this section; | 55363 |
| (3) The hospital remains under contract with at least one | 55364 |
| health insuring corporation serving participants in the care | 55365 |
| management system who are required to be enrolled in a health | 55366 |
| insuring corporation. | 55367 |
| (D) The director of job and family services shall adopt rules | 55368 |
| specifying the circumstances under which a medicaid managed care | 55369 |
| organization is permitted to refer a participant in the care | 55370 |
| management system to a provider that is not under contract with | 55371 |
| the organization. The director may adopt any other rules necessary | 55372 |
| to implement this section. All rules adopted under this section | 55373 |
| shall be adopted in accordance with Chapter 119. of the Revised | 55374 |
| Code. | 55375 |
| Sec. 5111.163. (A) The department of job and family services | 55376 |
| shall develop a care management pilot program under which | 55377 |
| individuals designated by the department who receive medicaid on | 55378 |
| the basis of being aged, blind, or disabled, as specified in | 55379 |
| division (A)(2) of section 5111.01 of the Revised Code, are | 55380 |
| required to enroll in and obtain medicaid-covered health care | 55381 |
| services through the care management system established under | 55382 |
| section 5111.16 of the Revised Code. The department shall | 55383 |
| implement the pilot program not later than July 1, 2006. | 55384 |
| (B) Unless the department receives the necessary waivers of | 55385 |
| federal medicaid requirements, the department shall not designate | 55386 |
| individuals for participation in the pilot program if they are | 55387 |
| included in one or more of the medicaid recipient groups specified | 55388 |
| in 42 C.F.R. 438.50(d). The department may exclude from | 55389 |
| participation some or all individuals who are included in one or | 55390 |
| more of the following groups of medicaid recipients: | 55391 |
| (1) Individuals who are under twenty-one years of age; | 55392 |
| (2) Individuals who are institutionalized; | 55393 |
| (3) Individuals who become eligible for medicaid by spending | 55394 |
| down their income or resources to a level that meets the medicaid | 55395 |
| program's financial eligibility requirements; | 55396 |
| (4) Individuals who are dually eligible under the medicaid | 55397 |
| program and the medicare program established under Title XVIII of | 55398 |
| the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as | 55399 |
| amended; | 55400 |
| (5) Individuals to the extent that they are receiving | 55401 |
| medicaid services through a medicaid waiver component, as defined | 55402 |
| in section 5111.85 of the Revised Code. | 55403 |
| (C) When entering into contracts under section 5111.17 of the | 55404 |
| Revised Code to implement the pilot program, the department shall | 55405 |
| contract only with managed care organizations that are health | 55406 |
| insuring corporations. | 55407 |
| (D) The department may cease operation of the pilot program | 55408 |
| if the department determines any of the following: | 55409 |
| (1) That requiring the individuals designated for | 55410 |
| participation in the pilot program is not a cost-effective means | 55411 |
| of providing medicaid services to the individuals; | 55412 |
| (2) That the department has sufficient information to | 55413 |
| evaluate the pilot program's effectiveness; | 55414 |
| (3) That any other reason exists to justify the pilot | 55415 |
| program's termination. | 55416 |
| (E) The department shall conduct an evaluation of the pilot | 55417 |
| program's effectiveness. | 55418 |
| (F) The department may adopt any rules it considers necessary | 55419 |
| to implement this section. The rules shall be adopted in | 55420 |
| accordance with Chapter 119. of the Revised Code. | 55421 |
| Sec. 5111.164. (A) The department of job and family services | 55422 |
| shall develop a care management pilot program for long-term care | 55423 |
| under which individuals designated by the department who receive | 55424 |
| medicaid on the basis of being aged, blind, or disabled, as | 55425 |
| specified in division (A)(2) of section 5111.01 of the Revised | 55426 |
| Code, are required to enroll in and obtain medicaid-covered health | 55427 |
| care services through the care management system established under | 55428 |
| section 5111.16 of the Revised Code. The department shall | 55429 |
| implement the pilot program not later than July 1, 2006. | 55430 |
| (B) Unless the department receives the necessary waivers of | 55431 |
| federal medicaid requirements, the department shall not designate | 55432 |
| an individual for participation in the pilot program if the | 55433 |
| individual is included in one or more of the medicaid recipient | 55434 |
| groups specified in 42 C.F.R. 438.50(d). To be designated for | 55435 |
| participation, an individual shall meet both of the following | 55436 |
| conditions: | 55437 |
| (1) Be fifty-five years of age or older; | 55438 |
| (2) Require the level of care provided by a nursing facility, | 55439 |
| as defined in section 5111.20 of the Revised Code. | 55440 |
| (C) When entering into contracts under section 5111.17 of the | 55441 |
| Revised Code to implement the pilot program, the department may | 55442 |
| include provisions that permit a managed care organization to pay | 55443 |
| nursing facilities according to rates that differ from the rates | 55444 |
| the department uses to reimburse nursing facilities for their | 55445 |
| services. | 55446 |
| (D) The department may cease operation of the pilot program | 55447 |
| if the department determines any of the following: | 55448 |
| (1) That requiring the individuals designated for | 55449 |
| participation in the pilot program is not a cost-effective means | 55450 |
| of providing medicaid services to the individuals; | 55451 |
| (2) That the department has sufficient information to | 55452 |
| evaluate the pilot program's effectiveness; | 55453 |
| (3) That any other reason exists to justify the pilot | 55454 |
| program's termination. | 55455 |
| (E) The department shall conduct an evaluation of the pilot | 55456 |
| program's effectiveness. | 55457 |
| (F) The department may adopt any rules it considers necessary | 55458 |
| to implement this section. The rules shall be adopted in | 55459 |
| accordance with Chapter 119. of the Revised Code. | 55460 |
| Sec. 5111.165. (A) As used in this section, "chronically ill | 55461 |
| child" means an individual who is not more than twenty-one years | 55462 |
| of age and meets the conditions specified in division (A)(2) of | 55463 |
| section 5111.01 of the Revised Code to be eligible for medicaid on | 55464 |
| the basis of being blind or disabled. | 55465 |
| (B) Notwithstanding any conflicting provision of section | 55466 |
| 5111.163 of the Revised Code, the department of job and family | 55467 |
| services shall develop a pilot program for the care management of | 55468 |
| chronically ill children in accordance with this section. The | 55469 |
| pilot program shall be implemented not later than October 1, 2006, | 55470 |
| or, if by that date the department has not received any necessary | 55471 |
| federal approval to implement the program, as soon as practicable | 55472 |
| after receiving the approval. The department shall operate the | 55473 |
| program until October 1, 2008, except that the department shall | 55474 |
| cease operation of the program before that date if either of the | 55475 |
| following is the case: | 55476 |
| (1) The department determines that requiring chronically ill | 55477 |
| children to participate in the care management system is not a | 55478 |
| cost-effective means of providing medicaid services. | 55479 |
| (2) The combined state and federal cost of the children's | 55480 |
| care coordination described in division (D) of this section | 55481 |
| reaches three million dollars. | 55482 |
| (C) The department shall ensure that the pilot program is | 55483 |
| operated in at least three counties selected by the department. In | 55484 |
| its consideration of the counties to be selected, the department | 55485 |
| may give priority to Hamilton county and Muskingum county. The | 55486 |
| department may extend its operation of the program into the areas | 55487 |
| surrounding the counties in which the program is operated. | 55488 |
| (D) The purpose of the pilot program shall be to determine | 55489 |
| whether occurrences of acute illnesses and hospitalizations among | 55490 |
| chronically ill children can be prevented or reduced by | 55491 |
| establishing a medical home for the children where care is | 55492 |
| administered proactively and in a manner that is accessible, | 55493 |
| continuous, family-centered, coordinated, and compassionate. In | 55494 |
| establishing a medical home for a chronically ill child, all of | 55495 |
| the following apply: | 55496 |
| (1) A physician shall serve as the care coordinator for the | 55497 |
| child. The care coordinator may be engaged in practice as a | 55498 |
| pediatrician certified in pediatrics by a medical specialty board | 55499 |
| of the American medical association or American osteopathic | 55500 |
| association, a pediatric subspecialist, or a provider for the | 55501 |
| program for medically handicapped children in the department of | 55502 |
| health. If the physician is in a group practice, any member of the | 55503 |
| group practice may serve as the child's care coordinator. The | 55504 |
| duties of the care coordinator may be performed by a person acting | 55505 |
| under the supervision of the care coordinator. | 55506 |
| (2) The child may receive care from any health care | 55507 |
| practitioner appropriate to the child's needs, but the care | 55508 |
| coordinator shall direct and oversee the child's overall care. | 55509 |
| (3) The care coordinator shall establish a relationship of | 55510 |
| mutual responsibility with the child's parents or other persons | 55511 |
| who are responsible for the child. Under this relationship, the | 55512 |
| care coordinator shall commit to developing a long-term disease | 55513 |
| prevention strategy and providing disease management and education | 55514 |
| services, while the child's parents or other persons who are | 55515 |
| responsible for the child shall commit to participating fully in | 55516 |
| implementing the child's care management plan. | 55517 |
| (4) The medicaid program shall provide reimbursement for the | 55518 |
| reasonable and necessary costs of the services associated with | 55519 |
| care coordination, including, but not limited to, case management, | 55520 |
| care plan oversight, preventive care, health and behavioral care | 55521 |
| assessment and intervention, and any service modifier that | 55522 |
| reflects the provision of prolonged services or additional care. | 55523 |
| (E) The department shall conduct an evaluation of the pilot | 55524 |
| program's effectiveness. As part of the evaluation, the department | 55525 |
| shall maintain statistics on physician expenditures, hospital | 55526 |
| expenditures, preventable hospitalizations, and other matters the | 55527 |
| department considers necessary to conduct the evaluation. | 55528 |
| (F) The department shall adopt rules in accordance with | 55529 |
| Chapter 119. of the Revised Code as necessary to implement this | 55530 |
| section. The rules shall specify standards and procedures to be | 55531 |
| used in designating the chronically ill children who are required | 55532 |
| to participate in the pilot program. | 55533 |
| Sec. 5111.17. (A) The department of job and family services | 55534 |
| may enter into contracts with managed care organizations, | 55535 |
| including health insuring corporations, under which the | 55536 |
| organizations are authorized to provide, or arrange for the | 55537 |
| provision of, health care services to medical assistance | 55538 |
| recipients who are required or permitted to obtain health care | 55539 |
| services through managed care organizations as part of the care | 55540 |
| management system established under section 5111.16 of the Revised | 55541 |
| Code. | 55542 |
| (B) The department shall develop and implement a financial | 55543 |
| incentive program to improve and reward positive health outcomes | 55544 |
| through the managed care organization contracts entered into under | 55545 |
| this section. The department shall base the program on the | 55546 |
| recommendations made by the medicaid care management working group | 55547 |
| created under section 5111.161 of the Revised Code. | 55548 |
| (C) The director of job and family services may adopt rules | 55549 |
| in accordance with Chapter 119. of the Revised Code to implement | 55550 |
| this section. | 55551 |
| Sec. 5111.172. | 55552 |
| section, when contracting under section 5111.17 of the Revised | 55553 |
| Code with a managed care organization that is a health insuring | 55554 |
| corporation, the department of job and family services may require | 55555 |
| the health insuring corporation to provide coverage of | 55556 |
| prescription drugs for medicaid recipients enrolled in the health | 55557 |
| insuring corporation. In providing the required coverage, the | 55558 |
| health insuring corporation may, subject to the department's | 55559 |
| approval, use strategies for the management of drug utilization. | 55560 |
| (B) The department shall require a health insuring | 55561 |
| corporation with which the department contracts under section | 55562 |
| 5111.17 of the Revised Code to provide coverage of prescription | 55563 |
| drugs that protect against respiratory syncytial virus for | 55564 |
| medicaid recipients enrolled in the health insuring corporation | 55565 |
| who, as an infant born premature or other pediatric patient, are | 55566 |
| at risk for respiratory syncytial virus. In covering the drugs for | 55567 |
| these medicaid recipients, the health insuring corporation shall | 55568 |
| do both of the following: | 55569 |
| (1) Cover the drugs in at least the same amount, duration, | 55570 |
| and scope as the medicaid program's coverage of the drugs for | 55571 |
| medicaid recipients who receive state medicaid plan services under | 55572 |
| the fee-for-service system; | 55573 |
| (2) Establish access requirements for the drugs that are less | 55574 |
| or no more restrictive than the access requirements for the drugs | 55575 |
| under the fee-for-service system. | 55576 |
| Sec. 5111.176. (A) As used in this section: | 55577 |
| (1) "Medicaid health insuring corporation" means a health | 55578 |
| insuring corporation that holds a certificate of authority under | 55579 |
| Chapter 1751. of the Revised Code and has entered into a contract | 55580 |
| with the department of job and family services pursuant to section | 55581 |
| 5111.17 of the Revised Code. | 55582 |
| (2) "Managed care premium" means any premium payment, | 55583 |
| capitation payment, or other payment a medicaid health insuring | 55584 |
| corporation receives for providing, or arranging for the provision | 55585 |
| of, health care services to its members or enrollees residing in | 55586 |
| this state. | 55587 |
| (B) Except as provided in division (C) of this section, all | 55588 |
| of the following apply: | 55589 |
| (1) Each medicaid health insuring corporation shall pay to | 55590 |
| the department of job and family services a franchise permit fee | 55591 |
| for each calendar quarter occurring between January 1, 2006, and | 55592 |
| June 30, 2007. | 55593 |
| (2) The fee to be paid is an amount that is equal to a | 55594 |
| percentage of the managed care premiums the medicaid health | 55595 |
| insuring corporation received in the quarter to which the fee | 55596 |
| applies, excluding the amount of any managed care premiums the | 55597 |
| corporation returned or refunded to enrollees, members, or premium | 55598 |
| payers during that quarter. | 55599 |
| (3) The percentage to be used in calculating the fee shall be | 55600 |
| four and one-half per cent, unless the department adopts rules | 55601 |
| under division (L) of this section decreasing the percentage below | 55602 |
| four and one-half per cent or increasing the percentage to not | 55603 |
| more than six per cent. | 55604 |
| (C) The department shall reduce the franchise permit fee | 55605 |
| imposed under this section or terminate its collection of the fee | 55606 |
| if the department determines either of the following: | 55607 |
| (1) That the reduction or termination is required to comply | 55608 |
| with federal statutes or regulations; | 55609 |
| (2) That the fee does not qualify as a state share of | 55610 |
| medicaid expenditures eligible for federal financial | 55611 |
| participation. | 55612 |
| (D) The franchise permit fee shall be paid on or before the | 55613 |
| thirtieth day following the end of the calendar quarter to which | 55614 |
| the fee applies. At the time the fee is submitted, the medicaid | 55615 |
| health insuring corporation shall file with the department a | 55616 |
| report on a form prescribed by the department. The corporation | 55617 |
| shall provide on the form all information required by the | 55618 |
| department and shall include with the form any necessary | 55619 |
| supporting documentation. | 55620 |
| (E) The department may audit the records of any medicaid | 55621 |
| health insuring corporation to determine whether the corporation | 55622 |
| is in compliance with this section. The department may audit the | 55623 |
| records that pertain to a particular calendar quarter at any time | 55624 |
| during the five years following the date the franchise permit fee | 55625 |
| payment for that quarter was due. | 55626 |
| (F)(1) A medicaid health insuring corporation that does not | 55627 |
| pay the franchise permit fee in full by the date the payment is | 55628 |
| due is subject to any or all of the following: | 55629 |
| (a) A monetary penalty in the amount of five hundred dollars | 55630 |
| for each day any part of the fee remains unpaid, except that the | 55631 |
| penalty shall not exceed an amount equal to five per cent of the | 55632 |
| total fee that was due for the calendar quarter for which the | 55633 |
| penalty is being imposed; | 55634 |
| (b) Withholdings from future managed care premiums pursuant | 55635 |
| to division (G) of this section; | 55636 |
| (c) Termination of the corporation's medicaid provider | 55637 |
| agreement pursuant to division (H) of this section. | 55638 |
| (2) Penalties imposed under division (F)(1)(a) of this | 55639 |
| section are in addition to and not in lieu of the franchise permit | 55640 |
| fee. | 55641 |
| (G) If a medicaid health insuring corporation fails to pay | 55642 |
| the full amount of its franchise permit fee when due, or the full | 55643 |
| amount of a penalty imposed under division (F)(1)(a) of this | 55644 |
| section, the department may withhold an amount equal to the | 55645 |
| remaining amount due from any future managed care premiums to be | 55646 |
| paid to the corporation under the medicaid program. The department | 55647 |
| may withhold amounts under this division without providing notice | 55648 |
| to the corporation. The amounts may be withheld until the amount | 55649 |
| due has been paid. | 55650 |
| (H) The department may commence actions to terminate a | 55651 |
| medicaid health insuring corporation's medicaid provider | 55652 |
| agreement, and may terminate the agreement subject to division (I) | 55653 |
| of this section, if the corporation does any of the following: | 55654 |
| (1) Fails to pay its franchise permit fee or fails to pay the | 55655 |
| fee promptly; | 55656 |
| (2) Fails to pay a penalty imposed under division (F)(1)(a) | 55657 |
| of this section or fails to pay the penalty promptly; | 55658 |
| (3) Fails to cooperate with an audit conducted under division | 55659 |
| (E) of this section. | 55660 |
| (I) At the request of a medicaid health insuring corporation, | 55661 |
| the department shall grant the corporation a hearing in accordance | 55662 |
| with Chapter 119. of the Revised Code, if either of the following | 55663 |
| is the case: | 55664 |
| (1) The department has determined that the corporation owes | 55665 |
| an additional franchise permit fee or penalty as the result of an | 55666 |
| audit conducted under division (E) of this section. | 55667 |
| (2) The department is proposing to terminate the | 55668 |
| corporation's medicaid provider agreement and the provisions of | 55669 |
| section 5111.06 of the Revised Code requiring an adjudication in | 55670 |
| accordance with Chapter 119. of the Revised Code are applicable. | 55671 |
| (J)(1) At the request of a medicaid corporation, the | 55672 |
| department shall grant the corporation a reconsideration of any | 55673 |
| issue that arises out of the provisions of this section and is not | 55674 |
| subject to division (I) of this section. The department's decision | 55675 |
| at the conclusion of the reconsideration is not subject to appeal | 55676 |
| under Chapter 119. of the Revised Code or any other provision of | 55677 |
| the Revised Code. | 55678 |
| (2) In conducting a reconsideration, the department shall do | 55679 |
| at least the following: | 55680 |
| (a) Specify the time frames within which a corporation must | 55681 |
| act in order to exercise its opportunity for a reconsideration; | 55682 |
| (b) Permit the corporation to present written arguments or | 55683 |
| other materials that support the corporation's position. | 55684 |
| (K) There is hereby created in the state treasury the managed | 55685 |
| care assessment fund. Money collected from the franchise permit | 55686 |
| fees and penalties imposed under this section shall be credited to | 55687 |
| the fund. The department shall use the money in the fund to pay | 55688 |
| for medicaid services, the department's administrative costs, and | 55689 |
| contracts with medicaid health insuring corporations. | 55690 |
| (L) The director of job and family services may adopt rules | 55691 |
| to implement and administer this section. The rules shall be | 55692 |
| adopted in accordance with Chapter 119. of the Revised Code. | 55693 |
| Sec. 5111.19. The director of job and family services shall | 55694 |
| adopt rules governing the calculation and payment of graduate | 55695 |
| medical education costs associated with services rendered to | 55696 |
| medicaid recipients
| 55697 |
| 30, 1994. | 55698 |
| rules shall provide for reimbursement of graduate medical | 55699 |
| education
costs associated with services rendered to | 55700 |
| 55701 | |
| 55702 | |
| contract with the department under section 5111.17 of the Revised | 55703 |
| Code, that the department determines are allowable and reasonable. | 55704 |
| If the department requires a | 55705 |
| managed care organization to pay a provider for graduate medical | 55706 |
| education costs associated with the delivery of services to | 55707 |
| 55708 | |
| organization, the department shall include in its payment to the | 55709 |
| 55710 | |
| organization to pay such costs. If the department does not include | 55711 |
| in its payments to the
| 55712 |
| organization amounts for graduate medical education costs of | 55713 |
| providers, all of the following apply: | 55714 |
| (A) | 55715 |
| Code, the department shall pay the provider for graduate medical | 55716 |
| education costs associated with the delivery of services to | 55717 |
| 55718 | |
| organization; | 55719 |
| (B) No provider shall seek reimbursement from the
| 55720 |
| organization for such costs; | 55721 |
| (C) The | 55722 |
| providers for such costs. | 55723 |
| Sec. 5111.191. (A) Except as provided in division (B) of | 55724 |
| this section, the department of job and family services may deny | 55725 |
| payment to a hospital for direct graduate medical education costs | 55726 |
| associated with the delivery of services to any medicaid recipient | 55727 |
| if the hospital refuses without good cause to contract with a | 55728 |
| managed care organization that serves participants in the care | 55729 |
| management system established under section 5111.16 of the Revised | 55730 |
| Code who are required to be enrolled in a managed care | 55731 |
| organization and the managed care organization serves the area in | 55732 |
| which the hospital is located. | 55733 |
| (B) A hospital is not subject to division (A) of this section | 55734 |
| if all of the following are the case: | 55735 |
| (1) The hospital is located in a county in which participants | 55736 |
| in the care management system are required before January 1, 2006, | 55737 |
| to be enrolled in a medicaid managed care organization that is a | 55738 |
| health insuring corporation. | 55739 |
| (2) The hospital has entered into a contract before January | 55740 |
| 1, 2006, with at least one health insuring corporation serving the | 55741 |
| participants specified in division (B)(1) of this section. | 55742 |
| (3) The hospital remains under contract with at least one | 55743 |
| health insuring corporation serving participants in the care | 55744 |
| management system who are required to be enrolled in a health | 55745 |
| insuring corporation. | 55746 |
| (C) The director of job and family services shall specify in | 55747 |
| the rules adopted under section 5111.19 of the Revised Code what | 55748 |
| constitutes good cause for a hospital to refuse to contract with a | 55749 |
| managed care organization. | 55750 |
| Sec. 5111.20. As used in sections 5111.20 to | 55751 |
| of the Revised Code: | 55752 |
| (A) "Allowable costs" are those costs determined by the | 55753 |
| department of job and family services to be reasonable and do not | 55754 |
| include fines paid under sections 5111.35 to 5111.61 and section | 55755 |
| 5111.99 of the Revised Code. | 55756 |
| (B) "Ancillary and support costs" means all reasonable costs | 55757 |
| incurred by a nursing facility other than direct care costs or | 55758 |
| capital costs. "Ancillary and support costs" includes, but is not | 55759 |
| limited to, costs of activities, social services, pharmacy | 55760 |
| consultants, medical and habilitation records, program supplies, | 55761 |
| incontinence supplies, food, enterals, dietary supplies and | 55762 |
| personnel, laundry, housekeeping, security, administration, | 55763 |
| medical equipment, utilities, liability insurance, bookkeeping, | 55764 |
| purchasing department, human resources, communications, travel, | 55765 |
| dues, license fees, subscriptions, home office costs not otherwise | 55766 |
| allocated, legal services, accounting services, minor equipment, | 55767 |
| maintenance and repairs, help-wanted advertising, informational | 55768 |
| advertising, start-up costs, organizational expenses, other | 55769 |
| interest, property insurance, employee training and staff | 55770 |
| development, employee benefits, payroll taxes, and workers' | 55771 |
| compensation premiums or costs for self-insurance claims and | 55772 |
| related costs as specified in rules adopted by the director of job | 55773 |
| and family services under section 5111.02 of the Revised Code, for | 55774 |
| personnel listed in this division. "Ancillary and support costs" | 55775 |
| also means the cost of equipment, including vehicles, acquired by | 55776 |
| operating lease executed before December 1, 1992, if the costs are | 55777 |
| reported as administrative and general costs on the facility's | 55778 |
| cost report for the cost reporting period ending December 31, | 55779 |
| 1992. | 55780 |
| (C) "Capital costs" means costs of ownership and, in the case | 55781 |
| of an intermediate care facility for the mentally retarded, costs | 55782 |
| of nonextensive renovation. | 55783 |
| (1) "Cost of ownership" means the actual expense incurred for | 55784 |
| all of the following: | 55785 |
| (a) Depreciation and interest on any capital assets that cost | 55786 |
| five hundred dollars or more per item, including the following: | 55787 |
| (i) Buildings; | 55788 |
| (ii) Building improvements that are not approved as | 55789 |
|
nonextensive renovations under section | 55790 |
| Revised Code; | 55791 |
| (iii) | 55792 |
| section, equipment; | 55793 |
| (iv) | 55794 |
| for the mentally retarded, extensive renovations; | 55795 |
| (v) Transportation equipment. | 55796 |
| (b) Amortization and interest on land improvements and | 55797 |
| leasehold improvements; | 55798 |
| (c) Amortization of financing costs; | 55799 |
| (d) Except as provided in division | 55800 |
| lease and rent of land, building, and equipment. | 55801 |
| The costs of capital assets of less than five hundred dollars | 55802 |
|
per item may be
considered capital costs | 55803 |
| accordance with a provider's practice. | 55804 |
| (2) "Costs of nonextensive renovation" means the actual | 55805 |
| expense incurred by an intermediate care facility for the mentally | 55806 |
| retarded for depreciation or amortization and interest on | 55807 |
| renovations that are not extensive renovations. | 55808 |
| | 55809 |
| construed in accordance with generally accepted accounting | 55810 |
| principles. | 55811 |
| | 55812 |
|
section | 55813 |
| direct-care resources needed to provide care and habilitation to a | 55814 |
| resident of a nursing facility or intermediate care facility for | 55815 |
| the mentally retarded. | 55816 |
| | 55817 |
| licensed as a nursing home under Chapter 3721. of the Revised | 55818 |
| Code, means the date specific beds were originally licensed as | 55819 |
| nursing home beds under that chapter, regardless of whether they | 55820 |
| were subsequently licensed as residential facility beds under | 55821 |
| section 5123.19 of the Revised Code. For a facility originally | 55822 |
| licensed as a residential facility under section 5123.19 of the | 55823 |
| Revised Code, "date of licensure" means the date specific beds | 55824 |
| were originally licensed as residential facility beds under that | 55825 |
| section. | 55826 |
| (1) If nursing home beds licensed under Chapter 3721. of the | 55827 |
| Revised Code or residential facility beds licensed under section | 55828 |
| 5123.19 of the Revised Code were not required by law to be | 55829 |
| licensed when they were originally used to provide nursing home or | 55830 |
| residential facility services, "date of licensure" means the date | 55831 |
| the beds first were used to provide nursing home or residential | 55832 |
| facility services, regardless of the date the present provider | 55833 |
| obtained licensure. | 55834 |
| (2) If a facility adds nursing home beds or residential | 55835 |
| facility beds or extensively renovates all or part of the facility | 55836 |
| after its original date of licensure, it will have a different | 55837 |
| date of licensure for the additional beds or extensively renovated | 55838 |
| portion of the facility, unless the beds are added in a space that | 55839 |
| was constructed at the same time as the previously licensed beds | 55840 |
| but was not licensed under Chapter 3721. or section 5123.19 of the | 55841 |
| Revised Code at that time. | 55842 |
| | 55843 |
| report submitted under section 5111.26 of the Revised Code have | 55844 |
| been subjected to a desk review under division (A) of section | 55845 |
| 5111.27 of the Revised Code and preliminarily determined to be | 55846 |
| allowable costs. | 55847 |
| | 55848 |
| (1)(a) Costs for registered nurses, licensed practical | 55849 |
| nurses, and nurse aides employed by the facility; | 55850 |
| (b) Costs for direct care staff, administrative nursing | 55851 |
|
staff, medical directors, | 55852 |
| 55853 | |
| 55854 | |
| professionals, program directors, respiratory therapists, | 55855 |
| habilitation supervisors, and except as provided in division | 55856 |
| (G)(2) of this section, other persons holding degrees qualifying | 55857 |
| them to provide therapy; | 55858 |
| (c) Costs of purchased nursing services; | 55859 |
| (d) Costs of quality assurance; | 55860 |
| (e) Costs of training and staff development, employee | 55861 |
| benefits, payroll taxes, and workers' compensation premiums or | 55862 |
| costs for self-insurance claims and related costs as specified in | 55863 |
| rules adopted by the director of job and family services in | 55864 |
| accordance with Chapter 119. of the Revised Code, for personnel | 55865 |
|
listed in
divisions | 55866 |
| (f) Costs of consulting and management fees related to direct | 55867 |
| care; | 55868 |
| (g) Allocated direct care home office costs. | 55869 |
| (2) In addition to the costs specified in division (H)(1) of | 55870 |
| this section, for nursing facilities only, direct care costs | 55871 |
| include medical supplies, emergency oxygen, habilitation supplies, | 55872 |
| and universal precautions supplies. | 55873 |
| (3) In addition to the costs specified in division | 55874 |
| of this section, for intermediate care facilities for the mentally | 55875 |
| retarded only, direct care costs include both of the following: | 55876 |
| (a) Costs for physical therapists and physical therapy | 55877 |
| assistants, occupational therapists and occupational therapy | 55878 |
|
assistants, speech therapists, | 55879 |
| staff, activities staff, psychologists and psychology assistants, | 55880 |
| and social workers and counselors; | 55881 |
| (b) Costs of training and staff development, employee | 55882 |
| benefits, payroll taxes, and workers' compensation premiums or | 55883 |
| costs for self-insurance claims and related costs as specified in | 55884 |
|
rules adopted | 55885 |
| 55886 | |
| Code, for personnel
listed in division
| 55887 |
| section. | 55888 |
| | 55889 |
|
specified
as direct care costs in rules adopted | 55890 |
| 55891 | |
| section 5111.02 of the Revised Code. | 55892 |
| | 55893 |
| specified in section 9.34 of the Revised Code. | 55894 |
| | 55895 |
| sections 3721.50 to 3721.58 of the Revised Code. | 55896 |
| (K) "Indirect care costs" means all reasonable costs incurred | 55897 |
| by an intermediate care facility for the mentally retarded other | 55898 |
| than direct care costs, other protected costs, or capital costs. | 55899 |
| "Indirect care costs" includes but is not limited to costs of | 55900 |
| habilitation supplies, pharmacy consultants, medical and | 55901 |
| habilitation records, program supplies, incontinence supplies, | 55902 |
| food, enterals, dietary supplies and personnel, laundry, | 55903 |
| housekeeping, security, administration, liability insurance, | 55904 |
| bookkeeping, purchasing department, human resources, | 55905 |
| communications, travel, dues, license fees, subscriptions, home | 55906 |
| office costs not otherwise allocated, legal services, accounting | 55907 |
| services, minor equipment, maintenance and repairs, help-wanted | 55908 |
| advertising, informational advertising, start-up costs, | 55909 |
| organizational expenses, other interest, property insurance, | 55910 |
| employee training and staff development, employee benefits, | 55911 |
| payroll taxes, and workers' compensation premiums or costs for | 55912 |
| self-insurance claims and related costs as specified in rules | 55913 |
|
adopted | 55914 |
| 55915 | |
| personnel listed in this division. Notwithstanding division | 55916 |
| 55917 | |
| cost of equipment, including vehicles, acquired by operating lease | 55918 |
| executed before December 1, 1992, if the costs are reported as | 55919 |
| administrative and general costs on the facility's cost report for | 55920 |
| the cost reporting period ending December 31, 1992. | 55921 |
| | 55922 |
| resident, regardless of payment source, occupies a bed in a | 55923 |
| nursing facility or intermediate care facility for the mentally | 55924 |
| retarded that is included in the facility's certified capacity | 55925 |
|
under Title XIX | 55926 |
| 55927 | |
| for which payment is made under section 5111.33 of the Revised | 55928 |
| Code are considered inpatient days proportionate to the percentage | 55929 |
| of the facility's per resident per day rate paid for those days. | 55930 |
| | 55931 |
| means an intermediate care facility for the mentally retarded | 55932 |
| certified as in compliance with applicable standards for the | 55933 |
| 55934 | |
|
accordance
with Title XIX | 55935 |
| | 55936 |
|
provided in division | 55937 |
| are necessary and proper to maintain an asset in a normally | 55938 |
| efficient working condition and that do not extend the useful life | 55939 |
| of the asset two years or more. "Maintenance and repair expenses" | 55940 |
| includes but is not limited to the cost of ordinary repairs such | 55941 |
| as painting and wallpapering. | 55942 |
| | 55943 |
| who is a Medicaid recipient eligible for nursing facility services | 55944 |
| occupies a bed in a nursing facility that is included in the | 55945 |
| nursing facility's certified capacity under Title XIX. Therapeutic | 55946 |
| or hospital leave days for which payment is made under section | 55947 |
| 5111.33 of the Revised Code are considered Medicaid days | 55948 |
| proportionate to the percentage of the nursing facility's per | 55949 |
| resident per day rate paid for those days. | 55950 |
| (P) "Nursing facility" means a facility, or a distinct part | 55951 |
| of a facility, that is certified as a nursing facility by the | 55952 |
|
director of health in accordance with Title XIX | 55953 |
| 55954 | |
| mentally retarded. "Nursing facility" includes a facility, or a | 55955 |
| distinct part of a facility, that is certified as a nursing | 55956 |
|
facility by the director of health in accordance with
Title XIX | 55957 |
| 55958 | |
|
facility by the director in accordance with Title
XVIII | 55959 |
| 55960 |
| | 55961 |
| responsible for the daily operating and management decisions for a | 55962 |
| nursing facility or intermediate care facility for the mentally | 55963 |
| retarded. | 55964 |
| (R) "Other protected costs" means costs incurred by an | 55965 |
| intermediate care facility for the mentally retarded for medical | 55966 |
| supplies; real estate, franchise, and property taxes; natural gas, | 55967 |
| fuel oil, water, electricity, sewage, and refuse and hazardous | 55968 |
| medical waste collection; allocated other protected home office | 55969 |
| costs; and any additional costs defined as other protected costs | 55970 |
|
in rules adopted | 55971 |
| 55972 | |
| Code. | 55973 |
| | 55974 |
| has at least five per cent ownership or interest, either directly, | 55975 |
| indirectly, or in any combination, in any of the following | 55976 |
| regarding a nursing facility or intermediate care facility for the | 55977 |
| mentally retarded: | 55978 |
| (a) The land on which the facility is located; | 55979 |
| (b) The structure in which the facility is located; | 55980 |
| (c) Any mortgage, contract for deed, or other obligation | 55981 |
| secured in whole or in part by the land or structure on or in | 55982 |
| which the facility is located; | 55983 |
| (d) Any lease or sublease of the land or structure on or in | 55984 |
| which the facility is located. | 55985 |
| (2) "Owner" does not mean a holder of a debenture or bond | 55986 |
| related to the nursing facility or intermediate care facility for | 55987 |
| the mentally retarded and purchased at public issue or a regulated | 55988 |
| lender that has made a loan related to the facility unless the | 55989 |
| holder or lender operates the facility directly or through a | 55990 |
| subsidiary. | 55991 |
| | 55992 |
| | 55993 |
| this section, "per diem" means a nursing facility's or | 55994 |
| intermediate care facility for the mentally retarded's actual, | 55995 |
| allowable costs in a given cost center in a cost reporting period, | 55996 |
| divided by the facility's inpatient days for that cost reporting | 55997 |
| period. | 55998 |
| (1) When calculating indirect care costs for the purpose of | 55999 |
|
establishing rates under section | 56000 |
|
Revised Code,
"per diem" means | 56001 |
| facility for the mentally retarded's actual, allowable indirect | 56002 |
| care costs in a cost reporting period divided by the greater of | 56003 |
| the facility's inpatient days for that period or the number of | 56004 |
| inpatient days the facility would have had during that period if | 56005 |
| its occupancy rate had been eighty-five per cent. | 56006 |
| (2) When calculating capital costs for the purpose of | 56007 |
|
establishing rates under section | 56008 |
| Revised Code, "per diem" means a facility's actual, allowable | 56009 |
| capital costs in a cost reporting period divided by the greater of | 56010 |
| the facility's inpatient days for that period or the number of | 56011 |
| inpatient days the facility would have had during that period if | 56012 |
| its occupancy rate had been ninety-five per cent. | 56013 |
| | 56014 |
| 56015 | |
| 56016 |
| | 56017 |
| department of job and family services and the operator of a | 56018 |
| nursing facility or intermediate care facility for the mentally | 56019 |
| retarded for the provision of nursing facility services or | 56020 |
| intermediate care facility services for the mentally retarded | 56021 |
| under the | 56022 |
| | 56023 |
| provided in a nursing facility by registered nurses, licensed | 56024 |
| practical nurses, or nurse aides who are not employees of the | 56025 |
| facility. | 56026 |
| | 56027 |
| is appropriate and helpful to develop and maintain the operation | 56028 |
| of patient care facilities and activities, including normal | 56029 |
| standby costs, and that does not exceed what a prudent buyer pays | 56030 |
| for a given item or services. Reasonable costs may vary from | 56031 |
| provider to provider and from time to time for the same provider. | 56032 |
| | 56033 |
| that, to a significant extent, has common ownership with, is | 56034 |
| associated or affiliated with, has control of, or is controlled | 56035 |
| by, the provider. | 56036 |
| (1) An individual who is a relative of an owner is a related | 56037 |
| party. | 56038 |
| (2) Common ownership exists when an individual or individuals | 56039 |
| possess significant ownership or equity in both the provider and | 56040 |
| the other organization. Significant ownership or equity exists | 56041 |
| when an individual or individuals possess five per cent ownership | 56042 |
| or equity in both the provider and a supplier. Significant | 56043 |
| ownership or equity is presumed to exist when an individual or | 56044 |
| individuals possess ten per cent ownership or equity in both the | 56045 |
| provider and another organization from which the provider | 56046 |
| purchases or leases real property. | 56047 |
| (3) Control exists when an individual or organization has the | 56048 |
| power, directly or indirectly, to significantly influence or | 56049 |
| direct the actions or policies of an organization. | 56050 |
| (4) An individual or organization that supplies goods or | 56051 |
| services to a provider shall not be considered a related party if | 56052 |
| all of the following conditions are met: | 56053 |
| (a) The supplier is a separate bona fide organization. | 56054 |
| (b) A substantial part of the supplier's business activity of | 56055 |
| the type carried on with the provider is transacted with others | 56056 |
| than the provider and there is an open, competitive market for the | 56057 |
| types of goods or services the supplier furnishes. | 56058 |
| (c) The types of goods or services are commonly obtained by | 56059 |
| other nursing facilities or intermediate care facilities for the | 56060 |
| mentally retarded from outside organizations and are not a basic | 56061 |
| element of patient care ordinarily furnished directly to patients | 56062 |
| by the facilities. | 56063 |
| (d) The charge to the provider is in line with the charge for | 56064 |
| the goods or services in the open market and no more than the | 56065 |
| charge made under comparable circumstances to others by the | 56066 |
| supplier. | 56067 |
| | 56068 |
| related to an owner of a nursing facility or intermediate care | 56069 |
| facility for the mentally retarded by one of the following | 56070 |
| relationships: | 56071 |
| (1) Spouse; | 56072 |
| (2) Natural parent, child, or sibling; | 56073 |
| (3) Adopted parent, child, or sibling; | 56074 |
| (4) | 56075 |
| 56076 |
| (5) Father-in-law, mother-in-law, son-in-law, | 56077 |
| daughter-in-law, brother-in-law, or sister-in-law; | 56078 |
| (6) Grandparent or grandchild; | 56079 |
| (7) Foster caregiver, foster child, foster brother, or foster | 56080 |
| sister. | 56081 |
| | 56082 |
| (1) Any betterment, improvement, or restoration of | 56083 |
| 56084 | |
| retarded started before July 1, 1993, that meets the definition of | 56085 |
| a renovation or extensive renovation established in rules adopted | 56086 |
| by the director of job and family services in effect on December | 56087 |
| 22, 1992. | 56088 |
| (2) In the case of betterments, improvements, and | 56089 |
|
restorations of | 56090 |
| facilities for the mentally retarded started on or after July 1, | 56091 |
| 1993: | 56092 |
| (a) "Renovation" means the betterment, improvement, or | 56093 |
|
restoration of | 56094 |
| for the mentally retarded beyond its current functional capacity | 56095 |
| through a structural change that costs at least five hundred | 56096 |
| dollars per bed. A renovation may include betterment, improvement, | 56097 |
| restoration, or replacement of assets that are affixed to the | 56098 |
| building and have a useful life of at least five years. A | 56099 |
| renovation may include costs that otherwise would be considered | 56100 |
| maintenance and repair expenses if they are an integral part of | 56101 |
| the structural change that makes up the renovation project. | 56102 |
| "Renovation" does not mean construction of additional space for | 56103 |
| beds that will be added to a facility's licensed or certified | 56104 |
| capacity. | 56105 |
| (b) "Extensive renovation" means a renovation that costs more | 56106 |
| than sixty-five per cent and no more than eighty-five per cent of | 56107 |
| the cost of constructing a new bed and that extends the useful | 56108 |
| life of the assets for at least ten years. | 56109 |
| For the purposes of division | 56110 |
| cost of constructing a new bed shall be considered to be forty | 56111 |
| thousand dollars, adjusted for the estimated rate of inflation | 56112 |
| from January 1, 1993, to the end of the calendar year during which | 56113 |
| the renovation is completed, using the consumer price index for | 56114 |
| shelter costs for all urban consumers for the north central | 56115 |
| region, as published by the United States bureau of labor | 56116 |
| statistics. | 56117 |
| The department of job and family services may treat a | 56118 |
| renovation that costs more than eighty-five per cent of the cost | 56119 |
| of constructing new beds as an extensive renovation if the | 56120 |
| department determines that the renovation is more prudent than | 56121 |
| construction of new beds. | 56122 |
| (CC) "Title XIX" means Title XIX of the "Social Security | 56123 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended. | 56124 |
| (DD) "Title XVIII" means Title XVIII of the "Social Security | 56125 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended. | 56126 |
| Sec. 5111.204. (A) As used in this section | 56127 |
| 56128 | |
| acting on behalf
of an
applicant for or recipient of | 56129 |
| 56130 | |
| attorney, hospital social worker, or any other person chosen to | 56131 |
| act on behalf of an applicant or recipient. | 56132 |
| (B) The department of job and family services may require | 56133 |
| each applicant for or recipient of | 56134 |
| applies or intends to apply for admission to a nursing facility or | 56135 |
| resides in a nursing facility to undergo an assessment to | 56136 |
| determine whether the applicant or recipient needs the level of | 56137 |
| care provided by a nursing facility. | 56138 |
| performed concurrently with a long-term care consultation provided | 56139 |
| under section 173.42 of the Revised Code. | 56140 |
| To the maximum extent possible, the assessment shall be based | 56141 |
| on information from the resident assessment instrument specified | 56142 |
| in rules adopted by the director of job and family services under | 56143 |
| division
| 56144 |
| The assessment shall also be based on criteria and procedures | 56145 |
| established in rules adopted under division | 56146 |
| and information provided by the person being assessed or the | 56147 |
| person's representative. | 56148 |
| The department of job and family services, or if the | 56149 |
| assessment is performed
by | 56150 |
| contract with the department pursuant to division (G) of this | 56151 |
| section | 56152 |
| than the time the | 56153 |
| the assessment is required to be | 56154 |
| (C) of this section, give written notice of its conclusions and | 56155 |
| the basis for them to the person assessed and, if the department | 56156 |
| of job and family services or | 56157 |
| contract with the department has been informed that the person has | 56158 |
| a representative, to the representative. | 56159 |
| (C) The department of job and family services or | 56160 |
| agency under contract with the department, whichever performs the | 56161 |
| assessment, shall | 56162 |
| 56163 | |
| 56164 | |
| determination based on the assessment as follows: | 56165 |
| (1) In the case of a person applying or intending to apply | 56166 |
| for admission to a nursing facility while hospitalized, not later | 56167 |
| than one of the following: | 56168 |
| (a) One working day after the person or the person's | 56169 |
|
representative submits | 56170 |
| 56171 | |
| intention to apply and submits all information required for | 56172 |
| providing the level of care determination, as specified in rules | 56173 |
| adopted under division (F)(2) of this section; | 56174 |
| (b) A later date requested by the person or the person's | 56175 |
| representative. | 56176 |
| (2) In the case of | 56177 |
| 56178 | |
| 56179 | |
| 56180 | |
| 56181 |
| | 56182 |
| apply for admission to a nursing facility who is not hospitalized, | 56183 |
| not later than one of the following: | 56184 |
| (a) Five calendar days after the person or the person's | 56185 |
| representative submits the application or notifies the department | 56186 |
| of the person's intention to apply and submits all information | 56187 |
| required for providing the level of care determination, as | 56188 |
| specified in rules adopted under division (F)(2) of this section; | 56189 |
| (b) A later date requested by the person or the person's | 56190 |
| representative. | 56191 |
| (3) In the case of a person who resides in a nursing | 56192 |
| facility, not later than one of the following: | 56193 |
| (a) Five calendar days after the person or the person's | 56194 |
| representative submits an application for medical assistance and | 56195 |
| submits all information required for providing the level of care | 56196 |
| determination, as specified in rules adopted under division (F)(2) | 56197 |
| of this section; | 56198 |
| (b) A later date requested by the person or the person's | 56199 |
| representative. | 56200 |
| (4) In the case of an emergency, as specified in rules | 56201 |
| adopted under division (F)(4) of this section, within the number | 56202 |
| of days specified in the rules. | 56203 |
| (D) | 56204 |
| 56205 | |
| 56206 | |
| 56207 | |
| 56208 | |
| 56209 | |
| 56210 |
| | 56211 |
| 56212 | |
| 56213 | |
| 56214 | |
| 56215 |
| | 56216 |
| representative may
| 56217 |
| conclusions reached by the department of job and family services | 56218 |
| or | 56219 |
| basis of the assessment. The | 56220 |
| shall be made in accordance with section 5101.35 of the Revised | 56221 |
| Code. The department of job and family services or
| 56222 |
| agency | 56223 |
| department shall provide to the person or the person's | 56224 |
| representative and the nursing facility written notice of the | 56225 |
| person's right to | 56226 |
| include
an explanation of the procedure for | 56227 |
| requesting a state hearing. If a state hearing is requested, the | 56228 |
| state shall be represented in the hearing by the department of job | 56229 |
| and family services or the agency under contract with the | 56230 |
| department, whichever performed the assessment. | 56231 |
| | 56232 |
|
determined pursuant to an assessment required under | 56233 |
| 56234 | |
|
the nursing facility shall not be reimbursed under the | 56235 |
| 56236 |
| | 56237 |
| rules in accordance with Chapter 119. of the Revised Code to | 56238 |
| implement and administer this section. The rules shall include all | 56239 |
| of the following: | 56240 |
| (1) Criteria and procedures to be used in determining whether | 56241 |
| admission to a nursing facility or continued stay in a nursing | 56242 |
| facility is appropriate for the
person being assessed | 56243 |
| 56244 | |
| 56245 |
| | 56246 |
| | 56247 |
| 56248 |
| | 56249 |
| 56250 |
| (2) Information the person being assessed or the person's | 56251 |
|
representative must provide to the department or | 56252 |
| under contract with the department for purposes of the assessment | 56253 |
| and providing a level of care determination based on the | 56254 |
| assessment; | 56255 |
| (3) | 56256 |
| 56257 | |
| 56258 |
| | 56259 |
| assessed; | 56260 |
| (4) Circumstances that constitute an emergency for purposes | 56261 |
| of division (C)(4) of this section and the number of days within | 56262 |
| which a level of care determination must be provided in the case | 56263 |
| of an emergency. | 56264 |
| (G) Pursuant to section 5111.91 of the Revised Code, the | 56265 |
| department of job and family services may enter into contracts in | 56266 |
| the form of interagency agreements with one or more other state | 56267 |
| agencies to perform the assessments required under this section. | 56268 |
| The interagency agreements shall specify the responsibilities of | 56269 |
| each agency in the performance of the assessments. | 56270 |
| Sec. 5111.21. (A) | 56271 |
| 56272 | |
| 56273 | |
| 56274 | |
| 56275 | |
| 56276 | |
| 56277 |
| In order to be eligible for | 56278 |
| payments, the operator of a nursing facility or intermediate care | 56279 |
| facility for the mentally retarded shall do all of the following: | 56280 |
| (1) Enter into a provider agreement with the department as | 56281 |
| provided in section 5111.22, 5111.671, or 5111.672 of the Revised | 56282 |
| Code; | 56283 |
| (2) Apply for and maintain a valid license to operate if so | 56284 |
| required by law; | 56285 |
| (3) Comply with all applicable state and federal laws and | 56286 |
| rules. | 56287 |
| (B) | 56288 |
| section, the operator of a nursing facility that elects to obtain | 56289 |
| and maintain eligibility for payments under the medicaid program | 56290 |
| shall qualify all of the facility's medicaid-certified beds in the | 56291 |
| medicare program established by Title XVIII | 56292 |
| 56293 | |
| of job and family services may adopt rules | 56294 |
| 56295 | |
| establish the time frame in which a nursing facility must comply | 56296 |
| with this requirement. | 56297 |
| (2) The Ohio veteran's home agency is not required to qualify | 56298 |
| all of the medicaid-certified beds in a nursing facility the | 56299 |
| agency maintains and operates under section 5907.01 of the Revised | 56300 |
| Code in the medicare program. | 56301 |
| Sec. 5111.22. A provider agreement between the department of | 56302 |
| job and family services and the provider of a nursing facility or | 56303 |
| intermediate care facility for the mentally retarded shall contain | 56304 |
| the following provisions: | 56305 |
| (A) The department agrees to make payments to the | 56306 |
| 56307 | |
| 56308 | |
| 56309 | |
| 5111.33 of the Revised Code, for medicaid-covered services the | 56310 |
| facility provides to a resident of the facility who is a medicaid | 56311 |
| recipient. No payment shall be made for the day a medicaid | 56312 |
| recipient is discharged from the facility. | 56313 |
| (B) The provider agrees to: | 56314 |
| (1) Maintain eligibility as provided in section 5111.21 of | 56315 |
| the Revised Code; | 56316 |
| (2) Keep records relating to a cost reporting period for the | 56317 |
| greater of seven years after the cost report is filed or, if the | 56318 |
| department issues an audit report in accordance with division (B) | 56319 |
| of section 5111.27 of the Revised Code, six years after all appeal | 56320 |
| rights relating to the audit report are exhausted; | 56321 |
| (3) File reports as required by the department; | 56322 |
| (4) Open all records relating to the costs of its services | 56323 |
| for inspection and audit by the department; | 56324 |
| (5) Open its premises for inspection by the department, the | 56325 |
| department of health, and any other state or local authority | 56326 |
| having authority to inspect; | 56327 |
| (6) Supply to the department such information as it requires | 56328 |
|
concerning the facility's services to | 56329 |
| or are eligible to be medicaid recipients; | 56330 |
| (7) Comply with section 5111.31 of the Revised Code. | 56331 |
| The provider agreement may contain other provisions that are | 56332 |
| consistent with law and considered necessary by the department. | 56333 |
| A provider agreement shall be effective for no longer than | 56334 |
| twelve months, except that if federal statute or regulations | 56335 |
| authorize a longer term, it may be effective for a longer term so | 56336 |
| authorized. A provider agreement may be renewed only if the | 56337 |
| facility is certified by the department of health for | 56338 |
| participation in the medicaid program. | 56339 |
| The department of job and family services, in accordance with | 56340 |
|
rules
adopted | 56341 |
| section 5111.02 of the Revised Code, may elect not to enter into, | 56342 |
| not to renew, or to terminate a provider agreement when the | 56343 |
| department determines that such an agreement would not be in the | 56344 |
| best interests of | 56345 |
| Sec. 5111.221. The department of job and family services | 56346 |
| shall make its best efforts each year to calculate rates under | 56347 |
| sections | 56348 |
| time to use them to make the payments due to | 56349 |
| 56350 | |
| providers by the fifteenth day of August. If the department is | 56351 |
| unable to calculate the rates so that they can be paid by that | 56352 |
| date, the department shall pay each | 56353 |
| calculated for | 56354 |
| intermediate care facilities for the mentally retarded under those | 56355 |
| sections at the end of the previous fiscal year. If the department | 56356 |
| also is unable to calculate the rates to make the payments due by | 56357 |
| the fifteenth day of September and the fifteenth day of October, | 56358 |
| the department shall pay the previous fiscal year's rate to make | 56359 |
| those payments. The department may increase by five per cent the | 56360 |
| previous fiscal year's rate
paid | 56361 |
| this section at the request of the | 56362 |
| department shall use rates calculated for the current fiscal year | 56363 |
| to make the payments due by the fifteenth day of November. | 56364 |
| If the rate paid to a provider for a facility pursuant to | 56365 |
| this section is lower than the
rate calculated for | 56366 |
| for the current fiscal year, the department shall pay
the | 56367 |
| provider the difference between the two rates for the number of | 56368 |
| days for
which the | 56369 |
| pursuant to this section. If the rate paid | 56370 |
| pursuant to this section is higher than the rate calculated for it | 56371 |
|
for the current fiscal year, the | 56372 |
| the department the difference between the two rates for the number | 56373 |
| of days for which the | 56374 |
| pursuant to this section. | 56375 |
| Sec. 5111.222. (A) Except as otherwise provided by sections | 56376 |
| 5111.20 to 5111.33 of the Revised Code and by division (B) of this | 56377 |
| section, the payments that the department of job and family | 56378 |
| services shall agree to make to the provider of a nursing facility | 56379 |
| pursuant to a provider agreement shall equal the sum of all of the | 56380 |
| following: | 56381 |
| (1) The rate for direct care costs determined for the nursing | 56382 |
| facility under section 5111.231 of the Revised Code; | 56383 |
| (2) The rate for ancillary and support costs determined for | 56384 |
| the nursing facility's ancillary and support cost peer group under | 56385 |
| section 5111.24 of the Revised Code; | 56386 |
| (3) The rate for tax costs determined for the nursing | 56387 |
| facility under section 5111.242 of the Revised Code; | 56388 |
| (4) The rate for franchise permit fees determined for the | 56389 |
| nursing facility under section 5111.243 of the Revised Code; | 56390 |
| (5) The quality incentive payment paid to the nursing | 56391 |
| facility's quality tier group under section 5111.244 of the | 56392 |
| Revised Code; | 56393 |
| (6) The median rate for capital costs for the nursing | 56394 |
| facilities in the nursing facility's capital costs peer group as | 56395 |
| determined under section 5111.25 of the Revised Code. | 56396 |
| (B) The department shall adjust the payment otherwise | 56397 |
| determined under division (A) of this section as directed by the | 56398 |
| general assembly through the enactment of law governing medicaid | 56399 |
| payments to providers of nursing facilities, including any law | 56400 |
| that does either of the following: | 56401 |
| (1) Establishes factors by which the payments are to be | 56402 |
| adjusted; | 56403 |
| (2) Establishes a methodology for transitioning payments from | 56404 |
| the rates determined for fiscal year 2007 under uncodified law the | 56405 |
| general assembly enacts to rates determined for subsequent fiscal | 56406 |
| years under sections 5111.20 to 5111.33 of the Revised Code. | 56407 |
| Sec. 5111.223. The operator of a nursing facility or | 56408 |
| intermediate care facility for the mentally retarded may enter | 56409 |
| into provider agreements for more than one nursing facility or | 56410 |
| intermediate care facility for the mentally retarded. | 56411 |
| Sec. 5111.23. (A) The department of job and family services | 56412 |
| shall
pay a provider for each of the provider's eligible | 56413 |
| 56414 | |
| mentally retarded a per resident per day rate for direct care | 56415 |
| costs established prospectively for each facility. The department | 56416 |
| shall establish each facility's rate for direct care costs | 56417 |
| quarterly. | 56418 |
| (B) Each facility's rate for direct care costs shall be based | 56419 |
| on the facility's cost per case-mix unit, subject to the maximum | 56420 |
| costs per case-mix unit established under division (B)(2) of this | 56421 |
| section, from the calendar year preceding the fiscal year in which | 56422 |
| the rate is paid. To determine the rate, the department shall do | 56423 |
| all of the following: | 56424 |
| (1) Determine each facility's cost per case-mix unit for the | 56425 |
| calendar year preceding the fiscal year in which the rate will be | 56426 |
| paid by dividing the facility's desk-reviewed, actual, allowable, | 56427 |
| per diem direct care costs for that year by its average case-mix | 56428 |
| score determined under section | 56429 |
| Code for the same calendar year. | 56430 |
| (2)(a) | 56431 |
| 56432 | |
| 56433 | |
| 56434 | |
| 56435 | |
| 56436 | |
| 56437 | |
| 56438 |
| | 56439 |
| group of intermediate care facilities for the mentally retarded | 56440 |
| with more than eight beds specified in rules adopted under | 56441 |
| division (E) of this section at a percentage above the cost per | 56442 |
| case-mix unit of the facility in the group that has the group's | 56443 |
| median medicaid inpatient day for the calendar year preceding the | 56444 |
| fiscal year in which the rate will be paid, as calculated under | 56445 |
| division (B)(1) of this section, that is no less than the | 56446 |
| percentage calculated under division (D)(2) of this section. | 56447 |
| | 56448 |
| group of intermediate care facilities for the mentally retarded | 56449 |
| with eight or fewer beds specified in rules adopted under division | 56450 |
| (E) of this section at a percentage above the cost per case-mix | 56451 |
| unit of the facility in the group that has the group's median | 56452 |
| medicaid inpatient day for the calendar year preceding the fiscal | 56453 |
| year in which the rate will be paid, as calculated under division | 56454 |
| (B)(1) of this section, that is no less than the percentage | 56455 |
| calculated under division (D)(3) of this section. | 56456 |
| | 56457 |
| under divisions
(B)(2)(a) to | 56458 |
| group, the department shall exclude from its calculations the cost | 56459 |
| per case-mix unit of any facility in the group that participated | 56460 |
| in the | 56461 |
| for less than twelve months during the calendar year preceding the | 56462 |
| fiscal year in which the rate will be paid. | 56463 |
| (3) Estimate the rate of inflation for the eighteen-month | 56464 |
| period beginning on the first day of July of the calendar year | 56465 |
| preceding the fiscal year in which the rate will be paid and | 56466 |
| ending on the thirty-first day of December of the fiscal year in | 56467 |
| which the rate will be paid, using the employment cost index for | 56468 |
| total compensation, health services component, published by the | 56469 |
| United States bureau of labor statistics. If the estimated | 56470 |
| inflation rate for the eighteen-month period is different from the | 56471 |
| actual inflation rate for that period, as measured using the same | 56472 |
| index, the difference shall be added to or subtracted from the | 56473 |
| inflation rate estimated under division (B)(3) of this section for | 56474 |
| the following fiscal year. | 56475 |
| (4) The department shall not recalculate a maximum cost per | 56476 |
| case-mix unit under division (B)(2) of this section or a | 56477 |
| percentage under division (D) of this section based on additional | 56478 |
| information that it receives after the maximum costs per case-mix | 56479 |
| unit or percentages are set. The department shall recalculate a | 56480 |
| maximum cost per case-mix units or percentage only if it made an | 56481 |
| error in computing the maximum cost per case-mix unit or | 56482 |
| percentage based on information available at the time of the | 56483 |
| original calculation. | 56484 |
| (C) Each facility's rate for direct care costs shall be | 56485 |
| determined as follows for each calendar quarter within a fiscal | 56486 |
| year: | 56487 |
| (1) Multiply the lesser of the following by the facility's | 56488 |
|
average case-mix score determined under section | 56489 |
| of the Revised Code for the calendar quarter that preceded the | 56490 |
| immediately preceding calendar quarter: | 56491 |
| (a) The facility's cost per case-mix unit for the calendar | 56492 |
| year preceding the fiscal year in which the rate will be paid, as | 56493 |
| determined under division (B)(1) of this section; | 56494 |
| (b) The maximum cost per case-mix unit established for the | 56495 |
| fiscal year in which the rate will be paid for the facility's peer | 56496 |
| group under division (B)(2) of this section; | 56497 |
| (2) Adjust the product determined under division (C)(1) of | 56498 |
| this section by the inflation rate estimated under division (B)(3) | 56499 |
| of this section. | 56500 |
| (D)(1) | 56501 |
| 56502 | |
| 56503 | |
| 56504 | |
| 56505 | |
| 56506 | |
| 56507 | |
| 56508 |
| | 56509 |
| median cost per case-mix unit determined under division (B)(1) of | 56510 |
| this section for the facility that has the median medicaid | 56511 |
| inpatient day for calendar year 1992 for all intermediate care | 56512 |
| facilities for the mentally retarded with more than eight beds | 56513 |
| that would result in payment of all desk-reviewed, actual, | 56514 |
| allowable direct care costs for eighty and one-half per cent of | 56515 |
| the medicaid inpatient days for such facilities for calendar year | 56516 |
| 1992. | 56517 |
| | 56518 |
| the median cost per case-mix unit determined under division (B)(1) | 56519 |
| of this section for the facility that has the median medicaid | 56520 |
| inpatient day for calendar year 1992 for all intermediate care | 56521 |
| facilities for the mentally retarded with eight or fewer beds that | 56522 |
| would result in payment of all desk-reviewed, actual, allowable | 56523 |
| direct care costs for eighty and one-half per cent of the medicaid | 56524 |
| inpatient days for such facilities for calendar year 1992. | 56525 |
| (E) The director of job and family services shall adopt rules | 56526 |
| 56527 | |
| Revised Code that specify peer groups of
| 56528 |
| intermediate care facilities for the mentally retarded with more | 56529 |
| than eight beds | 56530 |
| retarded with eight or fewer beds, based on findings of | 56531 |
| significant per diem direct care cost differences due to geography | 56532 |
| and facility bed-size. The rules also may specify peer groups | 56533 |
| based on findings of significant per diem direct care cost | 56534 |
| differences due to other factors which may
include | 56535 |
| 56536 |
| (F) The department, in accordance with division | 56537 |
|
section | 56538 |
| under
division | 56539 |
| or costs
per case-mix unit if a | 56540 |
| assessment
| 56541 |
| intermediate care facility for the mentally retarded's case-mix | 56542 |
| score in accordance with that section. | 56543 |
| Sec. 5111.231. (A) As used in this section, "applicable | 56544 |
| calendar year" means the following: | 56545 |
| (1) For the purpose of the department of job and family | 56546 |
| services' initial determination under division (D) of this section | 56547 |
| of each peer group's cost per case-mix unit, calendar year 2003; | 56548 |
| (2) For the purpose of the department's subsequent | 56549 |
| determinations under division (D) of this section of each peer | 56550 |
| group's cost per case-mix unit, the calendar year the department | 56551 |
| selects. | 56552 |
| (B) The department of job and family services shall pay a | 56553 |
| provider for each of the provider's eligible nursing facilities a | 56554 |
| per resident per day rate for direct care costs determined | 56555 |
| semi-annually by multiplying the cost per case-mix unit determined | 56556 |
| under division (D) of this section for the facility's peer group | 56557 |
| by the facility's semiannual case-mix score determined under | 56558 |
| section 5111.232 of the Revised Code. | 56559 |
| (C) For the purpose of determining nursing facilities' rate | 56560 |
| for direct care costs, the department shall establish three peer | 56561 |
| groups. | 56562 |
| Each nursing facility located in any of the following | 56563 |
| counties shall be placed in peer group one: Brown, Butler, | 56564 |
| Clermont, Clinton, Hamilton, and Warren. | 56565 |
| Each nursing facility located in any of the following | 56566 |
| counties shall be placed in peer group two: Ashtabula, Champaign, | 56567 |
| Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, Franklin, | 56568 |
| Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, Lorain, | 56569 |
| Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, Ottawa, | 56570 |
| Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, Union, | 56571 |
| and Wood. | 56572 |
| Each nursing facility located in any of the following | 56573 |
| counties shall be placed in peer group three: Adams, Allen, | 56574 |
| Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, | 56575 |
| Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, | 56576 |
| Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, | 56577 |
| Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, | 56578 |
| Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, | 56579 |
| Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, | 56580 |
| Washington, Wayne, Williams, and Wyandot. | 56581 |
| (D)(1) At least once every ten years, the department shall | 56582 |
| determine a cost per case-mix unit for each peer group established | 56583 |
| under division (C) of this section. A cost per case-mix unit | 56584 |
| determined under this division for a peer group shall be used for | 56585 |
| subsequent years until the department redetermines it. To | 56586 |
| determine a peer group's cost per case-mix unit, the department | 56587 |
| shall do all of the following: | 56588 |
| (a) Determine the cost per case-mix unit for each nursing | 56589 |
| facility in the peer group for the applicable calendar year by | 56590 |
| dividing each facility's desk-reviewed, actual, allowable, per | 56591 |
| diem direct care costs for the applicable calendar year by the | 56592 |
| facility's annual average case-mix score determined under section | 56593 |
| 5111.232 of the Revised Code for the applicable calendar year. | 56594 |
| (b) Subject to division (D)(2) of this section, identify | 56595 |
| which nursing facility in the peer group is at the twenty-fifth | 56596 |
| percentile of the cost per case-mix units determined under | 56597 |
| division (D)(1)(a) of this section. | 56598 |
| (c) Calculate the amount that is seven per cent above the | 56599 |
| cost per case-mix unit determined under division (D)(1)(a) of this | 56600 |
| section for the nursing facility identified under division | 56601 |
| (D)(1)(b) of this section. | 56602 |
| (d) Multiply the amount calculated under division (D)(1)(c) | 56603 |
| of this section by the rate of inflation for the eighteen-month | 56604 |
| period beginning on the first day of July of the applicable | 56605 |
| calendar year and ending the last day of December of the calendar | 56606 |
| year immediately following the applicable calendar year using the | 56607 |
| employment cost index for total compensation, health services | 56608 |
| component, published by the United States bureau of labor | 56609 |
| statistics. | 56610 |
| (2) In making the identification under division (D)(1)(b) of | 56611 |
| this section, the department shall exclude both of the following: | 56612 |
| (a) Nursing facilities that participated in the medicaid | 56613 |
| program under the same provider for less than twelve months in the | 56614 |
| applicable calendar year; | 56615 |
| (b) Nursing facilities whose direct care costs are more than | 56616 |
| one standard deviation from the mean desk-reviewed, actual, | 56617 |
| allowable, per diem direct care cost for all nursing facilities in | 56618 |
| the nursing facility's peer group for the applicable calendar | 56619 |
| year. | 56620 |
| (3) The department shall not redetermine a peer group's cost | 56621 |
| per case-mix unit under this division based on additional | 56622 |
| information that it receives after the peer group's per case-mix | 56623 |
| unit is determined. The department shall redetermine a peer | 56624 |
| group's cost per case-mix unit only if it made an error in | 56625 |
| determining the peer group's cost per case-mix unit based on | 56626 |
| information available to the department at the time of the | 56627 |
| original determination. | 56628 |
| | 56629 |
| family services shall determine semiannual and annual average | 56630 |
| case-mix scores for nursing facilities by
using | 56631 |
| 56632 |
| (a) Data from a resident assessment instrument specified in | 56633 |
| rules adopted | 56634 |
| 5111.02 of the Revised Code pursuant to section 1919(e)(5) of the | 56635 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. | 56636 |
| 1396r(e)(5), as amended, | 56637 |
| (i) When determining semi-annual case-mix scores, each | 56638 |
| resident who is a medicaid recipient; | 56639 |
| (ii) When determining annual average case-mix scores, each | 56640 |
| resident regardless of payment source. | 56641 |
| (b) Except as provided in rules authorized by division | 56642 |
| (A)(2)(a) and (b) of this section, the case-mix values established | 56643 |
| by the United States department of health and
human
services | 56644 |
| 56645 |
| (c) Except as modified in rules | 56646 |
|
division
(A) | 56647 |
| 56648 | |
| States department of health and human services for prospective | 56649 |
| payment of skilled nursing facilities under the medicare program | 56650 |
|
established by Title
XVIII | 56651 |
| 56652 |
| (2) The director of job and family services may adopt rules | 56653 |
| 56654 | |
| Revised Code that do any of the following: | 56655 |
| (a) Adjust the case-mix values specified in division | 56656 |
| (A)(1)(b) of this section to reflect changes in relative wage | 56657 |
| differentials that are specific to this state; | 56658 |
| (b) Express all of | 56659 |
| that are different from the terms specified by the United States | 56660 |
| department of health and human services but that do not alter the | 56661 |
| relationship of the case-mix values to one another; | 56662 |
| (c) Modify the grouper methodology specified in division | 56663 |
| (A)(1)(c) of this section as follows: | 56664 |
| (i) Establish a different hierarchy for assigning residents | 56665 |
| to case-mix categories under the methodology; | 56666 |
| (ii) Prohibit the use of the index maximizer element of the | 56667 |
| methodology; | 56668 |
| (iii) Incorporate changes to the methodology the United | 56669 |
| States department of health and human services makes after June | 56670 |
| 30, 1999; | 56671 |
| (iv) Make other changes
the
| 56672 |
| 56673 | |
| 56674 |
| | 56675 |
| intermediate care facilities for the mentally retarded using data | 56676 |
| for each resident, regardless of payment source, from a resident | 56677 |
| assessment instrument and grouper methodology prescribed in rules | 56678 |
|
adopted | 56679 |
| the Revised Code and expressed in case-mix values established by | 56680 |
| the department in those rules. | 56681 |
| | 56682 |
| Each calendar quarter, each | 56683 |
| 56684 | |
| 56685 | |
| assessment instrument specified in
rules | 56686 |
| by division (A) or (B) of this section, for each resident of each | 56687 |
| of the provider's facilities, regardless of payment source, who | 56688 |
| was in the facility or on hospital or therapeutic leave from the | 56689 |
| facility on the last day of the quarter. Providers of a nursing | 56690 |
| facility shall submit the data to the department of health and, if | 56691 |
| required by rules, the department of job and family services. | 56692 |
| Providers of an intermediate care facility for the mentally | 56693 |
| retarded shall submit the data to the department of job and family | 56694 |
| services. The data shall be submitted not later than fifteen days | 56695 |
| after the end of the calendar quarter for which the data is | 56696 |
| compiled. | 56697 |
| Except as provided in division | 56698 |
| department, every six months and after the end of each calendar | 56699 |
| year | 56700 |
| 56701 | |
| 56702 | |
| facility | 56703 |
| using the facility's quarterly case-mix scores for that six-month | 56704 |
| period or calendar year. Also except as provided in division (D) | 56705 |
| of this section, the department, after the end of each calendar | 56706 |
| year, shall calculate an annual average case-mix score for each | 56707 |
| intermediate care facility for the mentally retarded using the | 56708 |
| facility's quarterly case-mix scores for that calendar year. The | 56709 |
| department shall make the calculations pursuant to procedures | 56710 |
| specified in rules adopted under section 5111.02 of the Revised | 56711 |
| Code. | 56712 |
| | 56713 |
| information
for
a calendar quarter necessary to calculate | 56714 |
| facility's case-mix score, or submits incomplete or inaccurate | 56715 |
| information for a calendar quarter, the department may assign the | 56716 |
| facility a quarterly average case-mix score that is five per cent | 56717 |
| less than the facility's quarterly average case-mix score for the | 56718 |
| preceding calendar quarter. If the facility was subject to an | 56719 |
| exception review under division (C) of section 5111.27 of the | 56720 |
| Revised Code for the preceding calendar quarter, the department | 56721 |
| may assign a quarterly average case-mix score that is five per | 56722 |
| cent less than the score determined by the exception review. If | 56723 |
| the facility was assigned a quarterly average case-mix score for | 56724 |
| the preceding quarter, the department may assign a quarterly | 56725 |
| average case-mix score that is five per cent less than that score | 56726 |
| assigned for the preceding quarter. | 56727 |
| The department may use a quarterly average case-mix score | 56728 |
|
assigned under division | 56729 |
| quarterly average case-mix score calculated based on the | 56730 |
| 56731 | |
| facility's rate for direct care costs being established under | 56732 |
| section 5111.23 or 5111.231 of the Revised Code for one or more | 56733 |
| months, as specified
in rules
| 56734 |
| 56735 | |
| established under section 5111.23 or 5111.231 of the Revised Code | 56736 |
| will be paid. | 56737 |
| Before taking action under division | 56738 |
| section,
the department shall permit the | 56739 |
| reasonable period of
time, specified in rules | 56740 |
| authorized by division | 56741 |
| information. In the case of an intermediate care facility for the | 56742 |
| mentally retarded, the department shall not assign a quarterly | 56743 |
| average case-mix score due to late submission of corrections to | 56744 |
| assessment information unless
the | 56745 |
| submit corrected information prior to the eighty-first day after | 56746 |
| the end of the calendar quarter to which the information pertains. | 56747 |
| In the case of a nursing facility, the department shall not assign | 56748 |
| a quarterly average case-mix score due to late submission of | 56749 |
|
corrections to assessment information unless
the | 56750 |
| fails to submit corrected information prior to the earlier of the | 56751 |
| eighty-first day after the end of the calendar quarter to which | 56752 |
| the information pertains or the deadline for submission of such | 56753 |
| corrections established by regulations adopted by the United | 56754 |
| States department of health and human services under Titles XVIII | 56755 |
| and XIX | 56756 |
| (2) If a | 56757 |
| calculated using a quarterly average case-mix score assigned under | 56758 |
| division | 56759 |
| calendar year, the department may assign the facility a cost per | 56760 |
| case-mix unit that is five per cent less than the facility's | 56761 |
| actual or assigned cost per case-mix unit for the preceding | 56762 |
| calendar year. The department may use the assigned cost per | 56763 |
| case-mix unit, instead of calculating the facility's actual cost | 56764 |
| per case-mix unit in accordance with section 5111.23 or 5111.231 | 56765 |
| of the Revised Code, to establish the facility's rate for direct | 56766 |
| care costs for the following fiscal year. | 56767 |
| (3) The department shall take action under division | 56768 |
|
or (2) of this section only in accordance with rules | 56769 |
| authorized by
division | 56770 |
| shall not take an action that affects rates for prior payment | 56771 |
| periods except in accordance with sections 5111.27 and 5111.28 of | 56772 |
| the Revised Code. | 56773 |
| | 56774 |
| 56775 | |
| all of the following: | 56776 |
| (1) Specify whether providers of a nursing facility must | 56777 |
| submit the assessment data to the department of job and family | 56778 |
| services; | 56779 |
| (2) Specify the medium or media through which the completed | 56780 |
|
assessment | 56781 |
| | 56782 |
| 56783 | |
| and | 56784 |
| 56785 |
| | 56786 |
| correct
assessment | 56787 |
| 56788 | |
| 56789 | |
| 56790 | |
| 56791 | |
| 56792 | |
| 56793 | |
| 56794 | |
| reasonable period of time by which providers shall submit the | 56795 |
| corrections. The procedures may limit the content of corrections | 56796 |
| by providers of nursing facilities in the manner required by | 56797 |
| regulations adopted by the United States department of health and | 56798 |
| human services under Titles XVIII and
XIX | 56799 |
| 56800 | |
| 56801 | |
| 56802 |
| | 56803 |
| 56804 | |
| 56805 | |
| 56806 |
| | 56807 |
| 56808 | |
| 56809 | |
| 56810 |
| | 56811 |
|
case-mix
scores or costs per case-mix unit under division | 56812 |
| of this section if information necessary to calculate the | 56813 |
| facility's
| 56814 |
| provided or corrected in accordance with the procedures | 56815 |
| established by the rules. Notwithstanding any other provision of | 56816 |
| sections 5111.20
to
| 56817 |
| also may provide for
| 56818 |
| (a) Exclusion of case-mix scores assigned under division | 56819 |
| 56820 | |
| intermediate care facility for the mentally retarded's annual | 56821 |
| average case-mix score and the maximum cost per case-mix unit for | 56822 |
| the facility's peer group; | 56823 |
| (b) Exclusion of case-mix scores assigned under division (D) | 56824 |
| of this section from calculation of a nursing facility's | 56825 |
| semiannual or annual average case-mix score and the cost per | 56826 |
| case-mix unit for the facility's peer group. | 56827 |
| Sec. 5111.235. The department of job and family services | 56828 |
| shall pay a provider for each of the provider's
eligible
| 56829 |
| 56830 | |
| mentally retarded a per resident per day rate for other protected | 56831 |
| costs established prospectively each fiscal year for each | 56832 |
| facility. The rate for each facility shall be the facility's | 56833 |
| desk-reviewed, actual, allowable, per diem other protected costs | 56834 |
| from the calendar year preceding the fiscal year in which the rate | 56835 |
| will be
paid, all adjusted | 56836 |
| 56837 | |
| inflation rate for the eighteen-month period beginning on the | 56838 |
| first day of July of the calendar year preceding the fiscal year | 56839 |
| in which the rate will be paid and ending on the thirty-first day | 56840 |
| of December of that fiscal year. The department shall estimate | 56841 |
| inflation using the consumer price index for all urban consumers | 56842 |
| for nonprescription drugs and medical supplies, as published by | 56843 |
| the United States bureau of labor statistics. If the estimated | 56844 |
| inflation rate for the eighteen-month period is different from the | 56845 |
| actual inflation rate for that period, the difference shall be | 56846 |
| added to or subtracted from the inflation rate estimated for the | 56847 |
| following year. | 56848 |
| Sec. 5111.24. (A) As used in this section, "applicable | 56849 |
| calendar year" means the following: | 56850 |
| (1) For the purpose of the department of job and family | 56851 |
| services' initial determination under division (D) of this section | 56852 |
| of each peer group's rate for ancillary and support costs, | 56853 |
| calendar year 2003; | 56854 |
| (2) For the purpose of the department's subsequent | 56855 |
| determinations under division (D) of this section of each peer | 56856 |
| group's rate for ancillary and support costs, the calendar year | 56857 |
| the department selects. | 56858 |
| (B) The department of job and family services shall pay a | 56859 |
| provider for each of the provider's eligible nursing facilities a | 56860 |
| per resident per day rate for ancillary and support costs | 56861 |
| determined for the nursing facility's peer group under division | 56862 |
| (D) of this section. | 56863 |
| (C) For the purpose of determining nursing facilities' rate | 56864 |
| for ancillary and support costs, the department shall establish | 56865 |
| six peer groups. | 56866 |
| Each nursing facility located in any of the following | 56867 |
| counties shall be placed in peer group one or two: Brown, Butler, | 56868 |
| Clermont, Clinton, Hamilton, and Warren. Each nursing facility | 56869 |
| located in any of those counties that has fewer than one hundred | 56870 |
| beds shall be placed in peer group one. Each nursing facility | 56871 |
| located in any of those counties that has one hundred or more beds | 56872 |
| shall be placed in peer group two. | 56873 |
| Each nursing facility located in any of the following | 56874 |
| counties shall be placed in peer group three or four: Ashtabula, | 56875 |
| Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, | 56876 |
| Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, | 56877 |
| Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, | 56878 |
| Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, | 56879 |
| Union, and Wood. Each nursing facility located in any of those | 56880 |
| counties that has fewer than one hundred beds shall be placed in | 56881 |
| peer group three. Each nursing facility located in any of those | 56882 |
| counties that has one hundred or more beds shall be placed in peer | 56883 |
| group four. | 56884 |
| Each nursing facility located in any of the following | 56885 |
| counties shall be placed in peer group five or six: Adams, Allen, | 56886 |
| Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, | 56887 |
| Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, | 56888 |
| Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, | 56889 |
| Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, | 56890 |
| Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, | 56891 |
| Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, | 56892 |
| Washington, Wayne, Williams, and Wyandot. Each nursing facility | 56893 |
| located in any of those counties that has fewer than one hundred | 56894 |
| beds shall be placed in peer group five. Each nursing facility | 56895 |
| located in any of those counties that has one hundred or more beds | 56896 |
| shall be placed in peer group six. | 56897 |
| (D)(1) At least once every ten years, the department shall | 56898 |
| determine the rate for ancillary and support costs for each peer | 56899 |
| group established under division (C) of this section. The rate for | 56900 |
| ancillary and support costs determined under this division for a | 56901 |
| peer group shall be used for subsequent years until the department | 56902 |
| redetermines it. To determine a peer group's rate for ancillary | 56903 |
| and support costs, the department shall do all of the following: | 56904 |
| (a) Determine the rate for ancillary and support costs for | 56905 |
| each nursing facility in the peer group for the applicable | 56906 |
| calendar year by using the greater of the nursing facility's | 56907 |
| actual inpatient days for the applicable calendar year or the | 56908 |
| inpatient days the nursing facility would have had for the | 56909 |
| applicable calendar year if its occupancy rate had been ninety per | 56910 |
| cent. For the purpose of determining a nursing facility's | 56911 |
| occupancy rate under division (D)(1)(a) of this section, the | 56912 |
| department shall include any beds that the nursing facility | 56913 |
| removes from its medicaid-certified capacity unless the nursing | 56914 |
| facility also removes the beds from its licensed bed capacity. | 56915 |
| (b) Subject to division (D)(2) of this section, identify | 56916 |
| which nursing facility in the peer group is at the twenty-fifth | 56917 |
| percentile of the rate for ancillary and support costs for the | 56918 |
| applicable calendar year determined under division (D)(1)(a) of | 56919 |
| this section. | 56920 |
| (c) Calculate the amount that is three per cent above the | 56921 |
| rate for ancillary and support costs determined under division | 56922 |
| (D)(1)(a) of this section for the nursing facility identified | 56923 |
| under division (D)(1)(b) of this section. | 56924 |
| (d) Multiply the amount calculated under division (D)(1)(c) | 56925 |
| of this section by the rate of inflation for the eighteen-month | 56926 |
| period beginning on the first day of July of the applicable | 56927 |
| calendar year and ending the last day of December of the calendar | 56928 |
| year immediately following the applicable calendar year using the | 56929 |
| consumer price index for all items for all urban consumers for the | 56930 |
| north central region, published by the United States bureau of | 56931 |
| labor statistics. | 56932 |
| (2) In making the identification under division (D)(1)(b) of | 56933 |
| this section, the department shall exclude both of the following: | 56934 |
| (a) Nursing facilities that participated in the medicaid | 56935 |
| program under the same provider for less than twelve months in the | 56936 |
| applicable calendar year; | 56937 |
| (b) Nursing facilities whose ancillary and support costs are | 56938 |
| more than one standard deviation from the mean desk-reviewed, | 56939 |
| actual, allowable, per diem ancillary and support cost for all | 56940 |
| nursing facilities in the nursing facility's peer group for the | 56941 |
| applicable calendar year. | 56942 |
| (3) The department shall not redetermine a peer group's rate | 56943 |
| for ancillary and support costs under this division based on | 56944 |
| additional information that it receives after the rate is | 56945 |
| determined. The department shall redetermine a peer group's rate | 56946 |
| for ancillary and support costs only if it made an error in | 56947 |
| determining the rate based on information available to the | 56948 |
| department at the time of the original determination. | 56949 |
| Sec. 5111.241. (A) The department of job and family services | 56950 |
| shall pay a provider for each of the provider's eligible | 56951 |
| intermediate care | 56952 |
| per resident per day rate for indirect care costs established | 56953 |
| prospectively each fiscal year for each facility. The rate for | 56954 |
| each intermediate care facility for the mentally retarded shall be | 56955 |
| the sum of the following, but shall not exceed the maximum rate | 56956 |
| established for the facility's peer group under division (B) of | 56957 |
| this section: | 56958 |
| (1) The facility's desk-reviewed, actual, allowable, per diem | 56959 |
| indirect care costs from the calendar year preceding the fiscal | 56960 |
| year in which the rate will be paid, adjusted for the inflation | 56961 |
| rate estimated under division (C)(1) of this section; | 56962 |
| (2) An efficiency incentive in the following amount: | 56963 |
| (a) For fiscal years ending in even-numbered calendar years: | 56964 |
| (i) In the case of intermediate care facilities for the | 56965 |
| mentally retarded with more than eight beds, seven and one-tenth | 56966 |
| per cent of the maximum rate established for the facility's peer | 56967 |
| group under division (B) of this section; | 56968 |
| (ii) In the case of intermediate care facilities for the | 56969 |
| mentally retarded with eight or fewer beds, seven per cent of the | 56970 |
| maximum rate established for the facility's peer group under | 56971 |
| division (B) of this section; | 56972 |
| (b) For fiscal years ending in odd-numbered calendar years, | 56973 |
| the amount calculated for the preceding fiscal year under division | 56974 |
| (A)(2)(a) of this section. | 56975 |
| (B)(1) The maximum rate for indirect care costs for each peer | 56976 |
| group of intermediate care facilities for the mentally retarded | 56977 |
| with more than eight beds specified in rules adopted under | 56978 |
| division (D) of this section shall be determined as follows: | 56979 |
| (a) For fiscal years ending in even-numbered calendar years, | 56980 |
| the maximum rate for each peer group shall be the rate that is no | 56981 |
| less than twelve and four-tenths per cent above the median | 56982 |
| desk-reviewed, actual, allowable, per diem indirect care cost for | 56983 |
| all intermediate care facilities for the mentally retarded with | 56984 |
| more than eight beds in the group, excluding facilities in the | 56985 |
| group whose indirect care costs for that period are more than | 56986 |
| three standard deviations from the mean desk-reviewed, actual, | 56987 |
| allowable, per diem indirect care cost for all intermediate care | 56988 |
| facilities for the mentally retarded with more than eight beds, | 56989 |
| for the calendar year preceding the fiscal year in which the rate | 56990 |
| will be paid, adjusted by the inflation rate estimated under | 56991 |
| division (C)(1) of this section. | 56992 |
| (b) For fiscal years ending in odd-numbered calendar years, | 56993 |
| the maximum rate for each peer group is the group's maximum rate | 56994 |
| for the previous fiscal year, adjusted for the inflation rate | 56995 |
| estimated under division (C)(2) of this section. | 56996 |
| (2) The maximum rate for indirect care costs for each peer | 56997 |
| group of intermediate care facilities for the mentally retarded | 56998 |
| with eight or fewer beds specified in rules adopted under division | 56999 |
| (D) of this section shall be determined as follows: | 57000 |
| (a) For fiscal years ending in even-numbered calendar years, | 57001 |
| the maximum rate for each peer group shall be the rate that is no | 57002 |
| less than ten and three-tenths per cent above the median | 57003 |
| desk-reviewed, actual, allowable, per diem indirect care cost for | 57004 |
| all intermediate care facilities for the mentally retarded with | 57005 |
| eight or fewer beds in the group, excluding facilities in the | 57006 |
| group whose indirect care costs are more than three standard | 57007 |
| deviations from the mean desk-reviewed, actual, allowable, per | 57008 |
| diem indirect care cost for all intermediate care facilities for | 57009 |
| the mentally retarded with eight or fewer beds, for the calendar | 57010 |
| year preceding the fiscal year in which the rate will be paid, | 57011 |
| adjusted by the inflation rate estimated under division (C)(1) of | 57012 |
| this section. | 57013 |
| (b) For fiscal years that end in odd-numbered calendar years, | 57014 |
| the maximum rate for each peer group is the group's maximum rate | 57015 |
| for the previous fiscal year, adjusted for the inflation rate | 57016 |
| estimated under division (C)(2) of this section. | 57017 |
| (3) The department shall not recalculate a maximum rate for | 57018 |
| indirect care costs under division (B)(1) or (2) of this section | 57019 |
| based on additional information that it receives after the maximum | 57020 |
| rate is set. The department shall recalculate the maximum rate for | 57021 |
| indirect care costs only if it made an error in computing the | 57022 |
| maximum rate based on the information available at the time of the | 57023 |
| original calculation. | 57024 |
| (C)(1) When adjusting rates for inflation under divisions | 57025 |
| (A)(1), (B)(1)(a), and (B)(2)(a) of this section, the department | 57026 |
| shall estimate the rate of inflation for the eighteen-month period | 57027 |
| beginning on the first day of July of the calendar year preceding | 57028 |
| the fiscal year in which the rate will be paid and ending on the | 57029 |
| thirty-first day of December of the fiscal year in which the rate | 57030 |
| will be paid, using the consumer price index for all items for all | 57031 |
| urban consumers for the north central region, published by the | 57032 |
| United States bureau of labor statistics. | 57033 |
| (2) When adjusting rates for inflation under divisions | 57034 |
| (B)(1)(b) and (B)(2)(b) of this section, the department shall | 57035 |
| estimate the rate of inflation for the twelve-month period | 57036 |
| beginning on the first day of January of the fiscal year preceding | 57037 |
| the fiscal year in which the rate will be paid and ending on the | 57038 |
| thirty-first day of December of the fiscal year in which the rate | 57039 |
| will be paid, using the consumer price index for all items for all | 57040 |
| urban consumers for the north central region, published by the | 57041 |
| United States bureau of labor statistics. | 57042 |
| (3) If an inflation rate estimated under division (C)(1) or | 57043 |
| (2) of this section is different from the actual inflation rate | 57044 |
| for the relevant time period, as measured using the same index, | 57045 |
| the difference shall be added to or subtracted from the inflation | 57046 |
| rate estimated pursuant to this division for the following fiscal | 57047 |
| year. | 57048 |
| (D) The director of job and family services shall adopt rules | 57049 |
| 57050 | |
| Revised Code that specify peer groups of intermediate care | 57051 |
| facilities for the mentally retarded with more than eight beds, | 57052 |
| and peer groups of intermediate care facilities for the mentally | 57053 |
| retarded with eight or fewer beds, based on findings of | 57054 |
| significant per diem indirect care cost differences due to | 57055 |
| geography and facility bed-size. The rules also may specify peer | 57056 |
| groups based on findings of significant per diem indirect care | 57057 |
| cost differences due to other factors, including case-mix. | 57058 |
| Sec. 5111.242. (A) As used in this section: | 57059 |
| (1) "Applicable calendar year" means the following: | 57060 |
| (a) For the purpose of the department of job and family | 57061 |
| services' initial determination under this section of nursing | 57062 |
| facilities' rate for tax costs, calendar year 2003; | 57063 |
| (b) For the purpose of the department's subsequent | 57064 |
| determinations under division (D) of this section of nursing | 57065 |
| facilities' rate for tax costs, the calendar year the department | 57066 |
| selects. | 57067 |
| (2) "Tax costs" means the costs of taxes imposed under | 57068 |
| Chapter 5751. of the Revised Code, real estate taxes, personal | 57069 |
| property taxes, and corporate franchise taxes. | 57070 |
| (B) The department of job and family services shall pay a | 57071 |
| provider for each of the provider's eligible nursing facilities a | 57072 |
| per resident per day rate for tax costs determined under division | 57073 |
| (C) of this section. | 57074 |
| (C) At least once every ten years, the department shall | 57075 |
| determine the rate for tax costs for each nursing facility. The | 57076 |
| rate for tax costs determined under this division for a nursing | 57077 |
| facility shall be used for subsequent years until the department | 57078 |
| redetermines it. To determine a nursing facility's rate for tax | 57079 |
| costs, the department shall divide the nursing facility's | 57080 |
| desk-reviewed, actual, allowable tax costs paid for the applicable | 57081 |
| calendar year by the number of inpatient days the nursing facility | 57082 |
| would have had if its occupancy rate had been one hundred per cent | 57083 |
| during the applicable calendar year. | 57084 |
| Sec. 5111.243. The department of job and family services | 57085 |
| shall pay a provider for each of the provider's eligible nursing | 57086 |
| facilities a per resident per day rate for the franchise permit | 57087 |
| fees paid for the nursing facility. The rate shall be equal to the | 57088 |
| franchise permit fee for the fiscal year for which the rate is | 57089 |
| paid. | 57090 |
| Sec. 5111.244. (A) As used in this section, "deficiency" and | 57091 |
| "standard survey" have the same meanings as in section 5111.35 of | 57092 |
| the Revised Code. | 57093 |
| (B) Each year, the department of job and family services | 57094 |
| shall pay each nursing facility placed in the first, second, and | 57095 |
| third quality tier groups established under division (C) of this | 57096 |
| section a quality incentive payment. Nursing facilities placed in | 57097 |
| the first group shall receive the highest payment. Nursing | 57098 |
| facilities placed in the second group shall receive the second | 57099 |
| highest payment. Nursing facilities placed in the third group | 57100 |
| shall receive the third highest payment. Nursing facilities placed | 57101 |
| in the fourth group shall receive no payment. The mean payment, | 57102 |
| weighted by medicaid days, shall be two per cent of the average | 57103 |
| rate for all nursing facilities calculated under sections 5111.20 | 57104 |
| to 5111.33 of the Revised Code, excluding this section. Nursing | 57105 |
| facilities placed in the fourth group shall be included for the | 57106 |
| purpose of determining the mean payment. | 57107 |
| (C) Each year, the department shall establish four quality | 57108 |
| tier groups. Each group shall consist of one quarter of all | 57109 |
| nursing facilities participating in the medicaid program. The | 57110 |
| first group shall consist of the quarter of nursing facilities | 57111 |
| individually awarded the most number of points under division (D) | 57112 |
| of this section. The second group shall consist of the quarter of | 57113 |
| nursing facilities individually awarded the second most number of | 57114 |
| points under division (D) of this section. The third group shall | 57115 |
| consist of the quarter of nursing facilities individually awarded | 57116 |
| the third most number of points under division (D) of this | 57117 |
| section. The fourth group shall consist of the quarter of nursing | 57118 |
| facilities individually awarded the least number of points under | 57119 |
| division (D) of this section. | 57120 |
| (D) Each year, the department shall award each nursing | 57121 |
| facility participating in the medicaid program one point for each | 57122 |
| of the following accountability measures the facility meets: | 57123 |
| (1) The facility had no health deficiencies on the facility's | 57124 |
| most recent standard survey. | 57125 |
| (2) The facility had no health deficiencies with a scope and | 57126 |
| severity level greater than E, as determined under nursing | 57127 |
| facility certification standards established under Title XIX, on | 57128 |
| the facility's most recent standard survey. | 57129 |
| (3) The facility's resident satisfaction is above the | 57130 |
| statewide average. | 57131 |
| (4) The facility's family satisfaction is above the statewide | 57132 |
| average. | 57133 |
| (5) The number of hours the facility employs nurses is above | 57134 |
| the statewide average. | 57135 |
| (6) The facility's employee retention rate is above the | 57136 |
| average for the facility's peer group established in division (C) | 57137 |
| of section 5111.231 of the Revised Code. | 57138 |
| (7) The facility's occupancy rate is above the statewide | 57139 |
| average. | 57140 |
| (8) The facility's medicaid utilization rate is above the | 57141 |
| statewide average. | 57142 |
| (9) The facility's case-mix score is above the statewide | 57143 |
| average. | 57144 |
| (E) The director of job and family services shall adopt rules | 57145 |
| under section 5111.02 of the Revised Code as necessary to | 57146 |
| implement this section. The rules shall include rules establishing | 57147 |
| the system for awarding points under division (D) of this section. | 57148 |
| Sec. 5111.25. (A) As used in this section, "applicable | 57149 |
| calendar year" means the following: | 57150 |
| (1) For the purpose of the department of job and family | 57151 |
| services' initial determination under division (D) of this section | 57152 |
| of each peer group's median rate for capital costs, calendar year | 57153 |
| 2003; | 57154 |
| (2) For the purpose of the department's subsequent | 57155 |
| determinations under division (D) of this section of each peer | 57156 |
| group's median rate for capital costs, the calendar year the | 57157 |
| department selects. | 57158 |
| (B) The department of job and family services shall pay a | 57159 |
| provider for each of the provider's eligible nursing | 57160 |
| facilities a per resident
per day
rate
for | 57161 |
| costs | 57162 |
| 57163 | |
| 57164 | |
| capital costs shall
be | 57165 |
| capital
costs for
the | 57166 |
| 57167 | |
| facility's peer group as determined under division (D) of this | 57168 |
| section. | 57169 |
| 57170 |
| | 57171 |
| | 57172 |
| 57173 | |
| 57174 | |
| 57175 | |
| 57176 |
| | 57177 |
| 57178 |
| | 57179 |
| 57180 |
| | 57181 |
| 57182 | |
| 57183 | |
| 57184 | |
| 57185 | |
| 57186 |
| | 57187 |
| 57188 | |
| 57189 | |
| 57190 | |
| 57191 | |
| 57192 | |
| 57193 | |
| 57194 |
| | 57195 |
| 57196 |
| | 57197 |
| 57198 | |
| nursing facilities' rate for capital costs, the department shall | 57199 |
| establish six peer groups. | 57200 |
| Each nursing facility located in any of the following | 57201 |
| counties shall be placed in peer group one or two: Brown, Butler, | 57202 |
| Clermont, Clinton, Hamilton, and Warren. Each nursing facility | 57203 |
| located in any of those counties that has fewer than one hundred | 57204 |
| beds shall be placed in peer group one. Each nursing facility | 57205 |
| located in any of those counties that has one hundred or more beds | 57206 |
| shall be placed in peer group two. | 57207 |
| Each nursing facility located in any of the following | 57208 |
| counties shall be placed in peer group three or four: Ashtabula, | 57209 |
| Champaign, Clark, Cuyahoga, Darke, Delaware, Fairfield, Fayette, | 57210 |
| Franklin, Fulton, Geauga, Greene, Hancock, Knox, Lake, Licking, | 57211 |
| Lorain, Lucas, Madison, Marion, Medina, Miami, Montgomery, Morrow, | 57212 |
| Ottawa, Pickaway, Portage, Preble, Ross, Sandusky, Seneca, Summit, | 57213 |
| Union, and Wood. Each nursing facility located in any of those | 57214 |
| counties that has fewer than one hundred beds shall be placed in | 57215 |
| peer group three. Each nursing facility located in any of those | 57216 |
| counties that has one hundred or more beds shall be placed in peer | 57217 |
| group four. | 57218 |
| Each nursing facility located in any of the following | 57219 |
| counties shall be placed in peer group five or six: Adams, Allen, | 57220 |
| Ashland, Athens, Auglaize, Belmont, Carroll, Columbiana, | 57221 |
| Coshocton, Crawford, Defiance, Erie, Gallia, Guernsey, Hardin, | 57222 |
| Harrison, Henry, Highland, Hocking, Holmes, Huron, Jackson, | 57223 |
| Jefferson, Lawrence, Logan, Mahoning, Meigs, Mercer, Monroe, | 57224 |
| Morgan, Muskingum, Noble, Paulding, Perry, Pike, Putnam, Richland, | 57225 |
| Scioto, Shelby, Stark, Trumbull, Tuscarawas, Van Wert, Vinton, | 57226 |
| Washington, Wayne, Williams, and Wyandot. Each nursing facility | 57227 |
| located in any of those counties that has fewer than one hundred | 57228 |
| beds shall be placed in peer group five. Each nursing facility | 57229 |
| located in any of those counties that has one hundred or more beds | 57230 |
| shall be placed in peer group six. | 57231 |
| (D)(1) At least once every ten years, the department shall | 57232 |
| determine the median rate for capital costs for each peer group | 57233 |
| established under division (C) of this section. The median rate | 57234 |
| for capital costs determined under this division for a peer group | 57235 |
| shall be used for subsequent years until the department | 57236 |
| redetermines it. To determine a peer group's median rate for | 57237 |
| capital costs, the department shall do both of the following: | 57238 |
| (a) Subject to division (D)(2) of this section, use the | 57239 |
| greater of each nursing facility's actual inpatient days for the | 57240 |
| applicable calendar year or the inpatient days the nursing | 57241 |
| facility would have had for the applicable calendar year if its | 57242 |
| occupancy rate had been one hundred per cent. | 57243 |
| (b) Exclude both of the following: | 57244 |
| (i) Nursing facilities that participated in the medicaid | 57245 |
| program under the same provider for less than twelve months in the | 57246 |
| applicable calendar year; | 57247 |
| (ii) Nursing facilities whose capital costs are more than one | 57248 |
| standard deviation from the mean desk-reviewed, actual, allowable, | 57249 |
| per diem capital cost for all nursing facilities in the nursing | 57250 |
| facility's peer group for the applicable calendar year. | 57251 |
| (2) For the purpose of determining a nursing facility's | 57252 |
| occupancy rate under division (D)(1)(a) of this section, the | 57253 |
| department shall include any beds that the nursing facility | 57254 |
| removes from its medicaid-certified capacity after June 30, 2005, | 57255 |
| unless the nursing facility also removes the beds from its | 57256 |
| licensed bed capacity. | 57257 |
| (E) Buildings shall be depreciated using the straight line | 57258 |
| method over forty years or over a different period approved by the | 57259 |
| department. Components and equipment shall be depreciated using | 57260 |
| the straight-line method over a period designated in rules adopted | 57261 |
| 57262 | |
| 57263 | |
| with the guidelines of the American hospital association, or over | 57264 |
| a different period
approved by the
department. Any rules | 57265 |
| 57266 | |
| buildings, components, or equipment apply only to assets acquired | 57267 |
| on or after July 1, 1993. Depreciation for costs paid or | 57268 |
| reimbursed by any government agency
shall not be included
in | 57269 |
| 57270 | |
|
payment under sections 5111.20 to | 57271 |
| Code is used to reimburse the government agency. | 57272 |
| | 57273 |
| shall be determined in the following manner: | 57274 |
| (1) | 57275 |
| 57276 | |
| 57277 | |
| 57278 |
| | 57279 |
| 57280 | |
| 57281 | |
| 57282 | |
| 57283 | |
| 57284 | |
| 57285 | |
| 57286 | |
| 57287 |
| | 57288 |
| 57289 | |
| 57290 | |
| 57291 | |
| 57292 |
| | 57293 |
| 57294 | |
| 57295 | |
| 57296 |
| | 57297 |
| 57298 | |
| 57299 | |
| 57300 | |
| 57301 | |
| 57302 | |
| 57303 | |
| 57304 | |
| 57305 | |
| 57306 | |
| 57307 | |
| 57308 |
| | 57309 |
| section, for purposes of calculating the rates to be paid for | 57310 |
| 57311 | |
| dates of licensure on or before June 30, 1993, the capital cost | 57312 |
| basis of each asset shall be equal to the desk-reviewed, actual, | 57313 |
| allowable, capital cost basis that is listed on the facility's | 57314 |
| cost report for the calendar year preceding the fiscal year during | 57315 |
| which the rate will be paid. | 57316 |
| | 57317 |
| 1993, the capital cost basis shall be determined in accordance | 57318 |
| with the principles of the medicare program established under | 57319 |
|
Title XVIII | 57320 |
| 57321 | |
|
5111.20 to | 57322 |
| | 57323 |
| section, if a provider transfers an interest in a facility to | 57324 |
| another provider after June 30, 1993, there shall be no increase | 57325 |
| in the capital cost basis of the asset if the providers are | 57326 |
| related parties or the provider to which the interest is | 57327 |
| transferred authorizes the provider that transferred the interest | 57328 |
| to continue to operate the facility under a lease, management | 57329 |
| agreement, or other arrangement. If
the | 57330 |
| 57331 | |
| 57332 | |
| adjustment of the capital cost basis under this division, the | 57333 |
| basis of the asset shall be adjusted by the lesser of the | 57334 |
| following: | 57335 |
| (a) One-half of the change in construction costs during the | 57336 |
| time that the transferor held the asset, as calculated by the | 57337 |
| department of job and family services using the "Dodge building | 57338 |
| cost indexes, northeastern and north central states," published by | 57339 |
| Marshall and Swift; | 57340 |
| (b) One-half of the change in the consumer price index for | 57341 |
| all items for all urban consumers, as published by the United | 57342 |
| States bureau of labor statistics, during the time that the | 57343 |
| transferor held the asset. | 57344 |
| | 57345 |
| another provider who is a related party, the capital cost basis of | 57346 |
|
the asset
shall be adjusted as specified in division
| 57347 |
| of
this section | 57348 |
| 57349 |
| (a) The related party is a relative of owner; | 57350 |
| (b) Except as provided in division
| 57351 |
| this section, the provider making the transfer retains no | 57352 |
| ownership interest in the facility; | 57353 |
| (c) The department of job and family services determines that | 57354 |
| the transfer is an arm's length
transaction
pursuant to
rules
| 57355 |
| 57356 | |
| under section 5111.02
of the
Revised Code | 57357 |
| 57358 | |
| length transaction if all of the following apply: | 57359 |
| (i) Once the transfer goes into effect, the provider that | 57360 |
| made the transfer has no direct or indirect interest in the | 57361 |
| provider that acquires the facility or the facility itself, | 57362 |
| including interest as an owner, officer, director, employee, | 57363 |
| independent contractor, or consultant, but excluding interest as a | 57364 |
| creditor. | 57365 |
| (ii) The provider that made the transfer does not reacquire | 57366 |
| an interest in the facility except through the exercise of a | 57367 |
| creditor's rights in the event of a default. If the provider | 57368 |
| reacquires an interest in the facility in this manner, the | 57369 |
| department shall treat the facility as if the transfer never | 57370 |
| occurred when the department calculates its reimbursement rates | 57371 |
| for capital costs. | 57372 |
| (iii) The transfer satisfies any other criteria specified in | 57373 |
| the rules. | 57374 |
| (d) Except in the case of hardship caused by a catastrophic | 57375 |
| event, as determined by the department, or in the case of a | 57376 |
| provider making the transfer who is at least sixty-five years of | 57377 |
| age, not less than twenty years have elapsed since, for the same | 57378 |
| facility, the capital cost basis was adjusted most recently under | 57379 |
|
division
| 57380 |
|
ownership was determined most recently under
division | 57381 |
| this section. | 57382 |
| | 57383 |
| "Imputed interest" means the lesser of the prime rate plus | 57384 |
| two per cent or ten per cent. | 57385 |
| "Lease expense" means lease payments in the case of an | 57386 |
| operating lease and depreciation expense and interest expense in | 57387 |
| the case of a capital lease. | 57388 |
| "New lease" means a lease, to a different lessee, of a | 57389 |
| nursing facility that previously was operated under a lease. | 57390 |
| (1) Subject to | 57391 |
| of this section, for a lease of a facility that was effective on | 57392 |
| May 27, 1992, the entire lease expense is an actual, allowable | 57393 |
| capital
cost | 57394 |
| The entire lease expense also is an actual, allowable capital cost | 57395 |
| 57396 | |
| under either of the following circumstances: | 57397 |
| (a) The renewal is pursuant to a renewal option that was in | 57398 |
| existence on May 27, 1992; | 57399 |
| (b) The renewal is for the same lease payment amount and | 57400 |
| between the same parties as the lease in existence on May 27, | 57401 |
| 1992. | 57402 |
| (2) Subject to | 57403 |
| of this section, for a lease of a facility that was in existence | 57404 |
| but not operated under a lease on May 27, 1992, actual, allowable | 57405 |
| 57406 | |
| annual lease expense or the annual depreciation expense and | 57407 |
| imputed interest expense that would be calculated at the inception | 57408 |
| of the lease using the lessor's entire historical capital asset | 57409 |
| cost basis, adjusted by the lesser of the following amounts: | 57410 |
| (a) One-half of the change in construction costs during the | 57411 |
| time the lessor held each asset until the beginning of the lease, | 57412 |
| as calculated by the department using the "Dodge building cost | 57413 |
| indexes, northeastern and north central states," published by | 57414 |
| Marshall and Swift; | 57415 |
| (b) One-half of the change in the consumer price index for | 57416 |
| all items for all urban consumers, as published by the United | 57417 |
| States bureau of labor statistics, during the time the lessor held | 57418 |
| each asset until the beginning of the lease. | 57419 |
| (3) Subject to | 57420 |
| of this section, for a lease of a facility with a date of | 57421 |
| licensure on or after May 27, 1992, that is initially operated | 57422 |
|
under a lease, actual, allowable | 57423 |
| shall include the annual lease expense if there was a substantial | 57424 |
| commitment of money for construction of the facility after | 57425 |
| December 22, 1992, and before July 1, 1993. If there was not a | 57426 |
| substantial commitment of money after December 22, 1992, and | 57427 |
| before July 1,
1993, actual, allowable | 57428 |
| costs shall include the lesser of the annual lease expense or the | 57429 |
| sum of the following: | 57430 |
| (a) The annual depreciation expense that would be calculated | 57431 |
| at the inception of the lease using the lessor's entire historical | 57432 |
| capital asset cost basis; | 57433 |
| (b) The greater of the lessor's actual annual amortization of | 57434 |
| financing costs and interest expense at the inception of the lease | 57435 |
| or the imputed interest expense calculated at the inception of the | 57436 |
| lease using seventy per cent of the lessor's historical capital | 57437 |
| asset cost basis. | 57438 |
| (4) Subject to | 57439 |
| of this section, for a lease of a facility with a date of | 57440 |
| licensure on or after May 27, 1992, that was not initially | 57441 |
| operated under a lease and has been in existence for ten years, | 57442 |
|
actual, allowable | 57443 |
| the lesser of the annual lease expense or the annual depreciation | 57444 |
| expense and imputed interest expense that would be calculated at | 57445 |
| the inception of the lease using the entire historical capital | 57446 |
| asset cost basis of the lessor, adjusted by the lesser of the | 57447 |
| following: | 57448 |
| (a) One-half of the change in construction costs during the | 57449 |
| time the lessor held each asset until the beginning of the lease, | 57450 |
| as calculated by the department using the "Dodge building cost | 57451 |
| indexes, northeastern and north central states," published by | 57452 |
| Marshall and Swift; | 57453 |
| (b) One-half of the change in the consumer price index for | 57454 |
| all items for all urban consumers, as published by the United | 57455 |
| States bureau of labor statistics, during the time the lessor held | 57456 |
| each asset until the beginning of the lease. | 57457 |
| (5) Subject to | 57458 |
| of this section, for a new lease of a facility that was operated | 57459 |
|
under a lease on May 27, 1992, actual, allowable | 57460 |
| capital costs shall include the lesser of the annual new lease | 57461 |
| expense or the annual old lease payment. If the old lease was in | 57462 |
| effect for ten years or longer, the old lease payment from the | 57463 |
| beginning of the old lease shall be adjusted by the lesser of the | 57464 |
| following: | 57465 |
| (a) One-half of the change in construction costs from the | 57466 |
| beginning of the old lease to the beginning of the new lease, as | 57467 |
| calculated by the department using the "Dodge building cost | 57468 |
| indexes, northeastern and north central states," published by | 57469 |
| Marshall and Swift; | 57470 |
| (b) One-half of the change in the consumer price index for | 57471 |
| all items for all urban consumers, as published by the United | 57472 |
| States bureau of labor statistics, from the beginning of the old | 57473 |
| lease to the beginning of the new lease. | 57474 |
| (6) Subject to | 57475 |
| of this section, for a new lease of a facility that was not in | 57476 |
| existence or that was in existence but not operated under a lease | 57477 |
|
on May 27, 1992, actual, allowable | 57478 |
| shall include the lesser of annual new lease expense or the annual | 57479 |
|
amount
calculated for the old lease under division | 57480 |
| (4), or (6) of this section, as applicable. If the old lease was | 57481 |
| in effect for ten years or longer, the lessor's historical capital | 57482 |
| asset cost basis shall be adjusted by the lesser of the following | 57483 |
| for purposes of calculating the annual amount under division | 57484 |
| 57485 |
| (a) One-half of the change in construction costs from the | 57486 |
| beginning of the old lease to the beginning of the new lease, as | 57487 |
| calculated by the department using the "Dodge building cost | 57488 |
| indexes, northeastern and north central states," published by | 57489 |
| Marshall and Swift; | 57490 |
| (b) One-half of the change in the consumer price index for | 57491 |
| all items for all urban consumers, as published by the United | 57492 |
| States bureau of labor statistics, from the beginning of the old | 57493 |
| lease to the beginning of the new lease. | 57494 |
| In the case of a lease under division | 57495 |
| section of a facility for which a substantial commitment of money | 57496 |
| was made after December 22, 1992, and before July 1, 1993, the old | 57497 |
| lease payment shall be adjusted for the purpose of determining the | 57498 |
| annual amount. | 57499 |
| (7) For any revision of a lease described in division | 57500 |
| 57501 | |
| subsequent lease of a facility operated under such a lease, other | 57502 |
| than execution of a new lease, the portion of actual, allowable | 57503 |
| 57504 | |
| the same as before the revision or subsequent lease. | 57505 |
| (8) Except as provided in division
| 57506 |
| if a provider leases an interest in a facility to another provider | 57507 |
| who is a related party or previously operated the facility, the | 57508 |
| related party's or previous operator's actual, allowable | 57509 |
| 57510 | |
| lease expense or the reasonable cost to the lessor. | 57511 |
| (9) If a provider leases an interest in a facility to another | 57512 |
| provider who is a related party, regardless of the date of the | 57513 |
| lease, the related
party's actual, allowable | 57514 |
| capital costs shall include the annual lease expense, subject to | 57515 |
| the limitations
specified in divisions
| 57516 |
| section, if all of the following conditions are met: | 57517 |
| (a) The related party is a relative of owner; | 57518 |
| (b) If the lessor retains an ownership interest, it is, | 57519 |
|
except as provided in division
| 57520 |
| in only the real property and any improvements on the real | 57521 |
| property; | 57522 |
| (c) The department of job and family services determines that | 57523 |
| the lease is an arm's length transaction
pursuant to
rules
| 57524 |
| 57525 | |
| under section 5111.02
of the
Revised Code | 57526 |
| 57527 | |
| transaction if all of the following apply: | 57528 |
| (i) Once the lease goes into effect, the lessor has no direct | 57529 |
| or indirect interest in the lessee or, except as provided in | 57530 |
| division
| 57531 |
| including interest as an owner, officer, director, employee, | 57532 |
| independent contractor, or consultant, but excluding interest as a | 57533 |
| lessor. | 57534 |
| (ii) The lessor does not reacquire an interest in the | 57535 |
| facility except through the exercise of a lessor's rights in the | 57536 |
| event of a default. If the lessor reacquires an interest in the | 57537 |
| facility in this manner, the department shall treat the facility | 57538 |
| as if the lease never occurred when the department calculates its | 57539 |
| reimbursement rates for capital costs. | 57540 |
| (iii) The lease satisfies any other criteria specified in the | 57541 |
| rules. | 57542 |
| (d) Except in the case of hardship caused by a catastrophic | 57543 |
| event, as determined by the department, or in the case of a lessor | 57544 |
| who is at least sixty-five years of age, not less than twenty | 57545 |
| years have elapsed since, for the same facility, the capital cost | 57546 |
|
basis was adjusted most recently under division
| 57547 |
| this
section or
actual, allowable | 57548 |
| costs were determined most
recently under
division | 57549 |
| this section. | 57550 |
| (10) This division does not apply to leases of specific items | 57551 |
| of equipment. | 57552 |
| | 57553 |
| 57554 | |
| 57555 | |
| 57556 |
| | 57557 |
| 57558 | |
| 57559 |
| | 57560 |
| 57561 |
| | 57562 |
| 57563 |
| | 57564 |
| 57565 |
| | 57566 |
| 57567 | |
| 57568 | |
| 57569 | |
| 57570 | |
| 57571 | |
| 57572 | |
| 57573 | |
| 57574 |
| | 57575 |
| 57576 | |
| 57577 | |
| 57578 | |
| 57579 |
| | 57580 |
| 57581 |
| | 57582 |
| 57583 |
| | 57584 |
| 57585 |
| | 57586 |
| 57587 | |
| 57588 |
| | 57589 |
| 57590 | |
| 57591 |
| | 57592 |
| 57593 |
| | 57594 |
| 57595 | |
| 57596 |
| | 57597 |
| 57598 | |
| 57599 | |
| 57600 |
| | 57601 |
| 57602 | |
| 57603 |
| | 57604 |
| 57605 |
| | 57606 |
| 57607 | |
| 57608 |
| | 57609 |
| 57610 | |
| 57611 | |
| 57612 |
| | 57613 |
| 57614 | |
| 57615 | |
| 57616 |
| | 57617 |
| 57618 | |
| 57619 |
| | 57620 |
| 57621 |
| | 57622 |
| 57623 | |
| 57624 |
| | 57625 |
| 57626 | |
| 57627 | |
| 57628 |
| | 57629 |
| 57630 | |
| 57631 | |
| 57632 |
| | 57633 |
| 57634 | |
| 57635 |
| | 57636 |
| 57637 | |
| 57638 |
| | 57639 |
| 57640 |
| | 57641 |
| 57642 | |
| 57643 | |
| 57644 |
| | 57645 |
| 57646 | |
| 57647 | |
| 57648 | |
| 57649 |
| | 57650 |
| 57651 | |
| 57652 | |
| 57653 |
| | 57654 |
| 57655 | |
| 57656 |
| | 57657 |
| 57658 | |
| 57659 | |
| 57660 | |
| 57661 | |
| 57662 | |
| 57663 |
| | 57664 |
| 57665 | |
| 57666 | |
| 57667 | |
| 57668 | |
| 57669 | |
| 57670 | |
| 57671 | |
| 57672 | |
| 57673 | |
| 57674 | |
| 57675 | |
| 57676 |
| | 57677 |
| 57678 | |
| 57679 | |
| 57680 | |
| 57681 | |
| 57682 | |
| 57683 | |
| 57684 |
| | 57685 |
| 57686 | |
| 57687 | |
| 57688 | |
| 57689 | |
| 57690 | |
| 57691 | |
| 57692 | |
| 57693 | |
| 57694 |
| | 57695 |
| 57696 | |
| 57697 |
| | 57698 |
| 57699 | |
| 57700 | |
| 57701 | |
| 57702 |
| | 57703 |
| 57704 | |
| 57705 | |
| 57706 | |
| 57707 | |
| 57708 | |
| 57709 | |
| 57710 | |
| 57711 | |
| 57712 | |
| 57713 | |
| 57714 | |
| 57715 | |
| 57716 | |
| 57717 | |
| 57718 | |
| 57719 |
| | 57720 |
| 57721 | |
| 57722 | |
| 57723 | |
| 57724 | |
| 57725 |
| | 57726 |
| 57727 | |
| 57728 | |
| 57729 | |
| 57730 | |
|
After
the date
on which a transaction of sale is closed, the | 57731 |
| provider shall refund to the department the amount of excess | 57732 |
| depreciation paid to the provider for the facility by the | 57733 |
|
department for each year the | 57734 |
| facility under a provider agreement and prorated according to the | 57735 |
| number of medicaid patient days for
which the
| 57736 |
| has received payment for the facility. | 57737 |
| 57738 | |
| 57739 | |
| 57740 | |
| 57741 | |
| 57742 | |
| 57743 | |
| 57744 | |
| 57745 | |
| 57746 | |
| 57747 | |
| 57748 | |
| The
| 57749 |
| terminates participation
in the | 57750 |
| program also shall refund any other amount that the department | 57751 |
| properly finds to be due after the audit conducted under this | 57752 |
| division. For the purposes of this division, "depreciation paid to | 57753 |
| the provider for the facility" means the amount paid to the | 57754 |
| provider for the nursing facility
for | 57755 |
| costs pursuant to this section less any amount paid for interest | 57756 |
| costs, amortization of financing costs, and lease expenses. For | 57757 |
| the purposes of this division, "excess depreciation" is the | 57758 |
| nursing facility's
depreciated
basis, which is the | 57759 |
| provider's cost less accumulated depreciation, subtracted from the | 57760 |
| purchase price net of selling costs but not exceeding the amount | 57761 |
| of depreciation paid to the provider for the facility. | 57762 |
| | 57763 |
| 57764 | |
| 57765 | |
| 57766 | |
| 57767 | |
| 57768 | |
| 57769 | |
| 57770 | |
| 57771 | |
| 57772 | |
| 57773 | |
| 57774 | |
| 57775 | |
| 57776 | |
| 57777 | |
| 57778 | |
| 57779 | |
| 57780 | |
| 57781 | |
| 57782 |
| | 57783 |
| 57784 | |
| 57785 | |
| 57786 |
| | 57787 |
| 57788 | |
| 57789 | |
| 57790 | |
| 57791 | |
| 57792 | |
| 57793 |
| | 57794 |
| 57795 | |
| 57796 | |
| 57797 | |
| 57798 | |
| 57799 | |
| 57800 | |
| 57801 | |
| 57802 | |
| 57803 | |
| 57804 | |
| 57805 | |
| 57806 | |
| 57807 | |
| 57808 | |
| 57809 | |
| 57810 | |
| 57811 | |
| 57812 | |
| 57813 |
| | 57814 |
| 57815 | |
| 57816 | |
| 57817 | |
| 57818 | |
| 57819 | |
| 57820 | |
| 57821 | |
| 57822 | |
| 57823 |
| | 57824 |
| 57825 | |
| 57826 | |
| 57827 | |
| 57828 | |
| 57829 | |
| 57830 |
| | 57831 |
| 57832 | |
| 57833 | |
| 57834 | |
| 57835 |
| | 57836 |
| 57837 | |
| 57838 | |
| 57839 | |
| 57840 | |
| 57841 | |
| 57842 | |
| 57843 | |
| 57844 | |
| 57845 | |
| 57846 | |
| 57847 | |
| 57848 | |
| 57849 |
| Sec. 5111.251. (A) The department of job and family services | 57850 |
| shall pay a provider for each of the provider's eligible | 57851 |
| intermediate care | 57852 |
| for its reasonable capital costs, a per resident per day rate | 57853 |
| established prospectively each fiscal year for each intermediate | 57854 |
| care facility for the mentally retarded. Except as otherwise | 57855 |
| provided in sections 5111.20 to | 57856 |
| Code, the rate shall be based on the facility's capital costs for | 57857 |
| the calendar year preceding the fiscal year in which the rate will | 57858 |
| be paid. The rate shall equal the sum of the following: | 57859 |
| (1) The facility's desk-reviewed, actual, allowable, per diem | 57860 |
| cost of ownership for the preceding cost reporting period, limited | 57861 |
| as provided in divisions (C) and (F) of this section; | 57862 |
| (2) Any efficiency incentive determined under division (B) of | 57863 |
| this section; | 57864 |
| (3) Any amounts for renovations determined under division (D) | 57865 |
| of this section; | 57866 |
| (4) Any amounts for return on equity determined under | 57867 |
| division (I) of this section. | 57868 |
| Buildings shall be depreciated using the straight line method | 57869 |
| over forty years or over a different period approved by the | 57870 |
| department. Components and equipment shall be depreciated using | 57871 |
| the straight line method over a period designated by the director | 57872 |
|
of job and family services in rules adopted
| 57873 |
| 57874 | |
| with the guidelines of the American hospital association, or over | 57875 |
| a different period approved by the department of job and family | 57876 |
| services. Any rules
| 57877 |
| specify useful lives of buildings, components, or equipment apply | 57878 |
| only to assets acquired on or after July 1, 1993. Depreciation for | 57879 |
| costs paid or reimbursed by any government agency shall not be | 57880 |
| included in costs of ownership or renovation unless that part of | 57881 |
| the
payment under
sections 5111.20 to | 57882 |
| Revised Code is used to reimburse the government agency. | 57883 |
| (B) The department of job and family services shall pay to a | 57884 |
| provider for each of the provider's eligible intermediate care | 57885 |
| 57886 | |
| incentive equal to fifty per cent of the difference between any | 57887 |
| desk-reviewed, actual, allowable cost of ownership and the | 57888 |
| applicable limit on cost of ownership payments under division (C) | 57889 |
| of this section. For purposes of computing the efficiency | 57890 |
| incentive, depreciation for costs paid or reimbursed by any | 57891 |
| government agency shall be considered as a cost of ownership, and | 57892 |
| the applicable limit under division (C) of this section shall | 57893 |
| apply both to facilities with more than eight beds and facilities | 57894 |
| with eight or fewer beds. The efficiency incentive paid to a | 57895 |
| provider for a facility with eight or fewer beds shall not exceed | 57896 |
| three dollars per patient day, adjusted annually for the inflation | 57897 |
| rate for the twelve-month period beginning on the first day of | 57898 |
| July of the calendar year preceding the calendar year that | 57899 |
| precedes the fiscal year for which the efficiency incentive is | 57900 |
| determined and ending on the thirtieth day of the following June, | 57901 |
| using the consumer price index for shelter costs for all urban | 57902 |
| consumers for the north central region, as published by the United | 57903 |
| States bureau of labor statistics. | 57904 |
| (C) Cost of ownership payments | 57905 |
| facilities for the mentally retarded with more than eight beds | 57906 |
| shall not exceed the following limits: | 57907 |
| (1) For facilities with dates of licensure prior to January | 57908 |
| 1, l958, not exceeding two dollars and fifty cents per patient | 57909 |
| day; | 57910 |
| (2) For facilities with dates of licensure after December 31, | 57911 |
| l957, but prior to January 1, l968, not exceeding: | 57912 |
| (a) Three dollars and fifty cents per patient day if the cost | 57913 |
| of construction was three thousand five hundred dollars or more | 57914 |
| per bed; | 57915 |
| (b) Two dollars and fifty cents per patient day if the cost | 57916 |
| of construction was less than three thousand five hundred dollars | 57917 |
| per bed. | 57918 |
| (3) For facilities with dates of licensure after December 31, | 57919 |
| l967, but prior to January 1, l976, not exceeding: | 57920 |
| (a) Four dollars and fifty cents per patient day if the cost | 57921 |
| of construction was five thousand one hundred fifty dollars or | 57922 |
| more per bed; | 57923 |
| (b) Three dollars and fifty cents per patient day if the cost | 57924 |
| of construction was less than five thousand one hundred fifty | 57925 |
| dollars per bed, but exceeds three thousand five hundred dollars | 57926 |
| per bed; | 57927 |
| (c) Two dollars and fifty cents per patient day if the cost | 57928 |
| of construction was three thousand five hundred dollars or less | 57929 |
| per bed. | 57930 |
| (4) For facilities with dates of licensure after December 31, | 57931 |
| l975, but prior to January 1, l979, not exceeding: | 57932 |
| (a) Five dollars and fifty cents per patient day if the cost | 57933 |
| of construction was six thousand eight hundred dollars or more per | 57934 |
| bed; | 57935 |
| (b) Four dollars and fifty cents per patient day if the cost | 57936 |
| of construction was less than six thousand eight hundred dollars | 57937 |
| per bed but exceeds five thousand one hundred fifty dollars per | 57938 |
| bed; | 57939 |
| (c) Three dollars and fifty cents per patient day if the cost | 57940 |
| of construction was five thousand one hundred fifty dollars or | 57941 |
| less per bed, but exceeds three thousand five hundred dollars per | 57942 |
| bed; | 57943 |
| (d) Two dollars and fifty cents per patient day if the cost | 57944 |
| of construction was three thousand five hundred dollars or less | 57945 |
| per bed. | 57946 |
| (5) For facilities with dates of licensure after December 31, | 57947 |
| l978, but prior to January 1, l980, not exceeding: | 57948 |
| (a) Six dollars per patient day if the cost of construction | 57949 |
| was seven thousand six hundred twenty-five dollars or more per | 57950 |
| bed; | 57951 |
| (b) Five dollars and fifty cents per patient day if the cost | 57952 |
| of construction was less than seven thousand six hundred | 57953 |
| twenty-five dollars per bed but exceeds six thousand eight hundred | 57954 |
| dollars per bed; | 57955 |
| (c) Four dollars and fifty cents per patient day if the cost | 57956 |
| of construction was six thousand eight hundred dollars or less per | 57957 |
| bed but exceeds five thousand one hundred fifty dollars per bed; | 57958 |
| (d) Three dollars and fifty cents per patient day if the cost | 57959 |
| of construction was five thousand one hundred fifty dollars or | 57960 |
| less but exceeds three thousand five hundred dollars per bed; | 57961 |
| (e) Two dollars and fifty cents per patient day if the cost | 57962 |
| of construction was three thousand five hundred dollars or less | 57963 |
| per bed. | 57964 |
| (6) For facilities with dates of licensure after December 31, | 57965 |
| 1979, but prior to January 1, 1981, not exceeding: | 57966 |
| (a) Twelve dollars per patient day if the beds were | 57967 |
| originally licensed as residential facility beds by the department | 57968 |
| of mental retardation and developmental disabilities; | 57969 |
| (b) Six dollars per patient day if the beds were originally | 57970 |
| licensed as nursing home beds by the department of health. | 57971 |
| (7) For facilities with dates of licensure after December 31, | 57972 |
| 1980, but prior to January 1, 1982, not exceeding: | 57973 |
| (a) Twelve dollars per patient day if the beds were | 57974 |
| originally licensed as residential facility beds by the department | 57975 |
| of mental retardation and developmental disabilities; | 57976 |
| (b) Six dollars and forty-five cents per patient day if the | 57977 |
| beds were originally licensed as nursing home beds by the | 57978 |
| department of health. | 57979 |
| (8) For facilities with dates of licensure after December 31, | 57980 |
| 1981, but prior to January 1, 1983, not exceeding: | 57981 |
| (a) Twelve dollars per patient day if the beds were | 57982 |
| originally licensed as residential facility beds by the department | 57983 |
| of mental retardation and developmental disabilities; | 57984 |
| (b) Six dollars and seventy-nine cents per patient day if the | 57985 |
| beds were originally licensed as nursing home beds by the | 57986 |
| department of health. | 57987 |
| (9) For facilities with dates of licensure after December 31, | 57988 |
| 1982, but prior to January 1, 1984, not exceeding: | 57989 |
| (a) Twelve dollars per patient day if the beds were | 57990 |
| originally licensed as residential facility beds by the department | 57991 |
| of mental retardation and developmental disabilities; | 57992 |
| (b) Seven dollars and nine cents per patient day if the beds | 57993 |
| were originally licensed as nursing home beds by the department of | 57994 |
| health. | 57995 |
| (10) For facilities with dates of licensure after December | 57996 |
| 31, 1983, but prior to January 1, 1985, not exceeding: | 57997 |
| (a) Twelve dollars and twenty-four cents per patient day if | 57998 |
| the beds were originally licensed as residential facility beds by | 57999 |
| the department of mental retardation and developmental | 58000 |
| disabilities; | 58001 |
| (b) Seven dollars and twenty-three cents per patient day if | 58002 |
| the beds were originally licensed as nursing home beds by the | 58003 |
| department of health. | 58004 |
| (11) For facilities with dates of licensure after December | 58005 |
| 31, 1984, but prior to January 1, 1986, not exceeding: | 58006 |
| (a) Twelve dollars and fifty-three cents per patient day if | 58007 |
| the beds were originally licensed as residential facility beds by | 58008 |
| the department of mental retardation and developmental | 58009 |
| disabilities; | 58010 |
| (b) Seven dollars and forty cents per patient day if the beds | 58011 |
| were originally licensed as nursing home beds by the department of | 58012 |
| health. | 58013 |
| (12) For facilities with dates of licensure after December | 58014 |
| 31, 1985, but prior to January 1, 1987, not exceeding: | 58015 |
| (a) Twelve dollars and seventy cents per patient day if the | 58016 |
| beds were originally licensed as residential facility beds by the | 58017 |
| department of mental retardation and developmental disabilities; | 58018 |
| (b) Seven dollars and fifty cents per patient day if the beds | 58019 |
| were originally licensed as nursing home beds by the department of | 58020 |
| health. | 58021 |
| (13) For facilities with dates of licensure after December | 58022 |
| 31, 1986, but prior to January 1, 1988, not exceeding: | 58023 |
| (a) Twelve dollars and ninety-nine cents per patient day if | 58024 |
| the beds were originally licensed as residential facility beds by | 58025 |
| the department of mental retardation and developmental | 58026 |
| disabilities; | 58027 |
| (b) Seven dollars and sixty-seven cents per patient day if | 58028 |
| the beds were originally licensed as nursing home beds by the | 58029 |
| department of health. | 58030 |
| (14) For facilities with dates of licensure after December | 58031 |
| 31, 1987, but prior to January 1, 1989, not exceeding thirteen | 58032 |
| dollars and twenty-six cents per patient day; | 58033 |
| (15) For facilities with dates of licensure after December | 58034 |
| 31, 1988, but prior to January 1, 1990, not exceeding thirteen | 58035 |
| dollars and forty-six cents per patient day; | 58036 |
| (16) For facilities with dates of licensure after December | 58037 |
| 31, 1989, but prior to January 1, 1991, not exceeding thirteen | 58038 |
| dollars and sixty cents per patient day; | 58039 |
| (17) For facilities with dates of licensure after December | 58040 |
| 31, 1990, but prior to January 1, 1992, not exceeding thirteen | 58041 |
| dollars and forty-nine cents per patient day; | 58042 |
| (18) For facilities with dates of licensure after December | 58043 |
| 31, 1991, but prior to January 1, 1993, not exceeding thirteen | 58044 |
| dollars and sixty-seven cents per patient day; | 58045 |
| (19) For facilities with dates of licensure after December | 58046 |
| 31, 1992, not exceeding fourteen dollars and twenty-eight cents | 58047 |
| per patient day. | 58048 |
| (D) Beginning January 1, 1981, regardless of the original | 58049 |
| date of licensure, the department of job and family services shall | 58050 |
| pay a rate for the per diem capitalized costs of renovations to | 58051 |
| intermediate care facilities for the mentally retarded made after | 58052 |
| January 1, l981, not exceeding six dollars per patient day using | 58053 |
| 1980 as the base year and adjusting the amount annually until June | 58054 |
| 30, 1993, for fluctuations in construction costs calculated by the | 58055 |
| department using the "Dodge building cost indexes, northeastern | 58056 |
| and north central states," published by Marshall and Swift. The | 58057 |
| payment provided for in this division is the only payment that | 58058 |
| shall be made for the capitalized costs of a nonextensive | 58059 |
| renovation of an intermediate care facility for the mentally | 58060 |
| retarded. Nonextensive renovation costs shall not be included in | 58061 |
| cost of ownership, and a nonextensive renovation shall not affect | 58062 |
| the date of licensure for purposes of division (C) of this | 58063 |
| section. This division applies to nonextensive renovations | 58064 |
| regardless of whether they are made by an owner or a lessee. If | 58065 |
| the tenancy of a lessee that has made renovations ends before the | 58066 |
| depreciation expense for the renovation costs has been fully | 58067 |
| reported, the former lessee shall not report the undepreciated | 58068 |
| balance as an expense. | 58069 |
| For a nonextensive renovation to qualify for payment under | 58070 |
| this division, both of the following conditions must be met: | 58071 |
| (1) At least five years have elapsed since the date of | 58072 |
| licensure or date of an extensive renovation of the portion of the | 58073 |
| facility that is proposed to be renovated, except that this | 58074 |
| condition does not apply if the renovation is necessary to meet | 58075 |
| the requirements of federal, state, or local statutes, ordinances, | 58076 |
| rules, or policies. | 58077 |
| (2) The provider has obtained prior approval from the | 58078 |
| department of job and family services. The provider shall submit a | 58079 |
| plan that describes in detail the changes in capital assets to be | 58080 |
| accomplished by means of the renovation and the timetable for | 58081 |
| completing the project. The time for completion of the project | 58082 |
| shall be no more than eighteen months after the renovation begins. | 58083 |
|
The
director of
job and family services shall adopt rules | 58084 |
| 58085 | |
| Code that specify criteria and procedures for prior approval of | 58086 |
| renovation projects. No provider shall separate a project with the | 58087 |
| intent to evade the characterization of the project as a | 58088 |
| renovation or as an extensive renovation. No provider shall | 58089 |
| increase the scope of a project after it is approved by the | 58090 |
| department of job and family services unless the increase in scope | 58091 |
| is approved by the department. | 58092 |
| (E) The amounts specified in divisions (C) and (D) of this | 58093 |
| section shall be adjusted beginning July 1, 1993, for the | 58094 |
| estimated inflation for the twelve-month period beginning on the | 58095 |
| first day of July of the calendar year preceding the calendar year | 58096 |
| that precedes the fiscal year for which rate will be paid and | 58097 |
| ending on the thirtieth day of the following June, using the | 58098 |
| consumer price index for shelter costs for all urban consumers for | 58099 |
| the north central region, as published by the United States bureau | 58100 |
| of labor statistics. | 58101 |
| (F)(1) For facilities of eight or fewer beds that have dates | 58102 |
| of licensure or have been granted project authorization by the | 58103 |
| department of mental retardation and developmental disabilities | 58104 |
| before July 1, 1993, and for facilities of eight or fewer beds | 58105 |
| that have dates of licensure or have been granted project | 58106 |
| authorization after that date if the providers of the facilities | 58107 |
| demonstrate that they made substantial commitments of funds on or | 58108 |
| before that date, cost of ownership shall not exceed eighteen | 58109 |
| dollars and thirty cents per resident per day. The eighteen-dollar | 58110 |
| and thirty-cent amount shall be increased by the change in the | 58111 |
| "Dodge building cost indexes, northeastern and north central | 58112 |
| states," published by Marshall and Swift, during the period | 58113 |
| beginning June 30, 1990, and ending July 1, 1993, and by the | 58114 |
| change in the consumer price index for shelter costs for all urban | 58115 |
| consumers for the north central region, as published by the United | 58116 |
| States bureau of labor statistics, annually thereafter. | 58117 |
| (2) For facilities with eight or fewer beds that have dates | 58118 |
| of licensure or have been granted project authorization by the | 58119 |
| department of mental retardation and developmental disabilities on | 58120 |
| or after July 1, 1993, for which substantial commitments of funds | 58121 |
| were not made before that date, cost of ownership payments shall | 58122 |
| not exceed the applicable amount calculated under division (F)(1) | 58123 |
| of this section, if the department of job and family services | 58124 |
| gives prior approval for construction of the facility. If the | 58125 |
| department does not give prior approval, cost of ownership | 58126 |
| payments shall not exceed the amount specified in division (C) of | 58127 |
| this section. | 58128 |
| (3) Notwithstanding divisions (D) and (F)(1) and (2) of this | 58129 |
| section, the total payment for cost of ownership, cost of | 58130 |
| ownership efficiency incentive, and capitalized costs of | 58131 |
| renovations for an intermediate care facility for the mentally | 58132 |
| retarded with eight or fewer beds shall not exceed the sum of the | 58133 |
| limitations specified in divisions (C) and (D) of this section. | 58134 |
| (G) Notwithstanding any provision of this section or section | 58135 |
| 58136 | |
| family
services may adopt
rules | 58137 |
| under section 5111.02 of the Revised Code that provide for a | 58138 |
| calculation of a combined maximum payment limit for indirect care | 58139 |
| costs and cost of ownership for intermediate care facilities for | 58140 |
| the mentally retarded with eight or fewer beds. | 58141 |
| (H) | 58142 |
| 58143 | |
| 58144 | |
| 58145 | |
| 58146 | |
| 58147 | |
|
the date
on which a transaction of sale is closed, the | 58148 |
| provider shall refund to the department the amount of excess | 58149 |
| depreciation paid to the provider for the facility by the | 58150 |
| department for each year the | 58151 |
| facility under a provider agreement and prorated according to the | 58152 |
| number of medicaid patient days for which the
| 58153 |
| has
received payment for the facility. | 58154 |
| 58155 | |
| 58156 | |
| 58157 | |
| 58158 | |
| 58159 | |
| 58160 | |
| 58161 | |
| 58162 | |
| 58163 | |
| 58164 | |
| 58165 | |
| 58166 | |
| 58167 | |
| "depreciation paid to the provider for the facility" means the | 58168 |
| amount paid to the provider for the intermediate care facility for | 58169 |
| the mentally retarded for cost of ownership pursuant to this | 58170 |
| section less any amount paid for interest costs. For the purposes | 58171 |
| of this division, "excess depreciation" is the intermediate care | 58172 |
| facility for the mentally retarded's depreciated basis, which is | 58173 |
|
the | 58174 |
| subtracted from the purchase price but not exceeding the amount of | 58175 |
| depreciation paid to the provider for the facility. | 58176 |
| | 58177 |
| 58178 | |
| 58179 | |
| 58180 | |
| 58181 | |
| 58182 | |
| 58183 | |
| 58184 | |
| 58185 | |
| 58186 | |
| 58187 | |
| 58188 | |
| 58189 | |
| 58190 | |
| 58191 | |
| 58192 | |
| 58193 | |
| 58194 | |
| 58195 | |
| 58196 | |
| 58197 | |
| 58198 |
| | 58199 |
| 58200 | |
| 58201 | |
| 58202 |
| | 58203 |
| 58204 | |
| 58205 | |
| 58206 | |
| 58207 | |
| 58208 | |
| 58209 | |
| 58210 |
| | 58211 |
| 58212 | |
| 58213 | |
| 58214 | |
| 58215 | |
| 58216 | |
| 58217 | |
| 58218 | |
| 58219 | |
| 58220 | |
| 58221 | |
| 58222 | |
| 58223 | |
| 58224 | |
| 58225 | |
| 58226 | |
| 58227 | |
| 58228 | |
| 58229 | |
| 58230 |
| | 58231 |
| 58232 | |
| 58233 | |
| 58234 | |
| 58235 | |
| 58236 | |
| 58237 | |
| 58238 | |
| 58239 | |
| 58240 | |
| 58241 |
| (I) The department of job and family services shall pay a | 58242 |
| provider for each of the provider's eligible proprietary | 58243 |
| intermediate care | 58244 |
| return on the facility's net equity computed at the rate of one | 58245 |
| and one-half times the average of interest rates on special issues | 58246 |
| of public debt obligations issued to the federal hospital | 58247 |
| insurance trust fund for the cost reporting period. No facility's | 58248 |
| return on net equity paid under this division shall exceed one | 58249 |
| dollar per patient day. | 58250 |
| In calculating the rate for return on net equity, the | 58251 |
| department shall use the greater of the facility's inpatient days | 58252 |
| during the applicable cost reporting period or the number of | 58253 |
| inpatient days the facility would have had during that period if | 58254 |
| its occupancy rate had been ninety-five per cent. | 58255 |
| (J)(1) Except as provided in division (J)(2) of this section, | 58256 |
| if a provider leases or transfers an interest in a facility to | 58257 |
| another provider who is a related party, the related party's | 58258 |
| allowable cost of ownership shall include the lesser of the | 58259 |
| following: | 58260 |
| (a) The annual lease expense or actual cost of ownership, | 58261 |
| whichever is applicable; | 58262 |
| (b) The reasonable cost to the lessor or provider making the | 58263 |
| transfer. | 58264 |
| (2) If a provider leases or transfers an interest in a | 58265 |
| facility to another provider who is a related party, regardless of | 58266 |
| the date of the lease or transfer, the related party's allowable | 58267 |
| cost of ownership shall include the annual lease expense or actual | 58268 |
| cost of ownership, whichever is applicable, subject to the | 58269 |
| limitations specified in divisions (B) to (I) of this section, if | 58270 |
| all of the following conditions are met: | 58271 |
| (a) The related party is a relative of owner; | 58272 |
| (b) In the case of a lease, if the lessor retains any | 58273 |
| ownership interest, it is, except as provided in division | 58274 |
| (J)(2)(d)(ii) of this section, in only the real property and any | 58275 |
| improvements on the real property; | 58276 |
| (c) In the case of a transfer, the provider making the | 58277 |
| transfer retains, except as provided in division (J)(2)(d)(iv) of | 58278 |
| this section, no ownership interest in the facility; | 58279 |
| (d) The department of job and family services determines that | 58280 |
| the lease or transfer is an arm's length transaction pursuant to | 58281 |
| rules | 58282 |
| adopted under section 5111.02 of the Revised Code | 58283 |
| 58284 | |
| transfer is an arm's length transaction if all of the following, | 58285 |
| as applicable, apply: | 58286 |
| (i) In the case of a lease, once the lease goes into effect, | 58287 |
| the lessor has no direct or indirect interest in the lessee or, | 58288 |
| except as provided in division (J)(2)(b) of this section, the | 58289 |
| facility itself, including interest as an owner, officer, | 58290 |
| director, employee, independent contractor, or consultant, but | 58291 |
| excluding interest as a lessor. | 58292 |
| (ii) In the case of a lease, the lessor does not reacquire an | 58293 |
| interest in the facility except through the exercise of a lessor's | 58294 |
| rights in the event of a default. If the lessor reacquires an | 58295 |
| interest in the facility in this manner, the department shall | 58296 |
| treat the facility as if the lease never occurred when the | 58297 |
| department calculates its reimbursement rates for capital costs. | 58298 |
| (iii) In the case of a transfer, once the transfer goes into | 58299 |
| effect, the provider that made the transfer has no direct or | 58300 |
| indirect interest in the provider that acquires the facility or | 58301 |
| the facility itself, including interest as an owner, officer, | 58302 |
| director, employee, independent contractor, or consultant, but | 58303 |
| excluding interest as a creditor. | 58304 |
| (iv) In the case of a transfer, the provider that made the | 58305 |
| transfer does not reacquire an interest in the facility except | 58306 |
| through the exercise of a creditor's rights in the event of a | 58307 |
| default. If the provider reacquires an interest in the facility in | 58308 |
| this manner, the department shall treat the facility as if the | 58309 |
| transfer never occurred when the department calculates its | 58310 |
| reimbursement rates for capital costs. | 58311 |
| (v) The lease or transfer satisfies any other criteria | 58312 |
| specified in the rules. | 58313 |
| (e) Except in the case of hardship caused by a catastrophic | 58314 |
| event, as determined by the department, or in the case of a lessor | 58315 |
| or provider making the transfer who is at least sixty-five years | 58316 |
| of age, not less than twenty years have elapsed since, for the | 58317 |
| same facility, allowable cost of ownership was determined most | 58318 |
| recently under this division. | 58319 |
| Sec. 5111.254. (A) The department of job and family services | 58320 |
| shall establish initial rates for a nursing facility with a first | 58321 |
| date of licensure that is on or after July 1, 2007, including a | 58322 |
| facility that replaces one or more existing facilities, or for a | 58323 |
| nursing facility with a first date of licensure before that date | 58324 |
| that was initially certified for the medicaid program on or after | 58325 |
| that date, in the following manner: | 58326 |
| (1) The rate for direct care costs shall be the product of | 58327 |
| the cost per case-mix unit determined under division (D) of | 58328 |
| section 5111.231 of the Revised Code for the facility's peer group | 58329 |
| and the nursing facility's case-mix score. For the purpose of | 58330 |
| division (A)(1) of this section, the nursing facility's case-mix | 58331 |
| score shall be the following: | 58332 |
| (a) Unless the nursing facility replaces an existing nursing | 58333 |
| facility that participated in the medicaid program immediately | 58334 |
| before the replacement nursing facility begins participating in | 58335 |
| the medicaid program, the median annual average case-mix score for | 58336 |
| the nursing facility's peer group; | 58337 |
| (b) If the nursing facility replaces an existing nursing | 58338 |
| facility that participated in the medicaid program immediately | 58339 |
| before the replacement nursing facility begins participating in | 58340 |
| the medicaid program, the semiannual case-mix score most recently | 58341 |
| determined under section 5111.232 of the Revised Code for the | 58342 |
| replaced nursing facility as adjusted, if necessary, to reflect | 58343 |
| any difference in the number of beds in the replaced and | 58344 |
| replacement nursing facilities. | 58345 |
| (2) The rate for ancillary and support costs shall be the | 58346 |
| rate for the facility's peer group determined under division (D) | 58347 |
| of section 5111.24 of the Revised Code. | 58348 |
| (3) The rate for capital costs shall be the median rate for | 58349 |
| the facility's peer group determined under division (D) of section | 58350 |
| 5111.25 of the Revised Code. | 58351 |
| (4) The rate for tax costs as defined in section 5111.242 of | 58352 |
| the Revised Code shall be the median rate for tax costs for the | 58353 |
| facility's peer group in which the facility is placed under | 58354 |
| division (C) of section 5111.24 of the Revised Code. | 58355 |
| (5) The quality incentive payment shall be the mean payment | 58356 |
| specified in division (B) of section 5111.244 of the Revised Code. | 58357 |
| (B) Subject to division (C) of this section, the department | 58358 |
| shall adjust the rates established under division (A) of this | 58359 |
| section effective the first day of July, to reflect new rate | 58360 |
| calculations for all nursing facilities under sections 5111.20 to | 58361 |
| 5111.33 of the Revised Code. | 58362 |
| (C) If a rate for direct care costs is determined under this | 58363 |
| section for a nursing facility using the median annual average | 58364 |
| case-mix score for the nursing facility's peer group, the rate | 58365 |
| shall be redetermined to reflect the replacement nursing | 58366 |
| facility's actual semiannual case-mix score determined under | 58367 |
| section 5111.232 of the Revised Code after the nursing facility | 58368 |
| submits its first two quarterly assessment data that qualify for | 58369 |
| use in calculating a case-mix score in accordance with rules | 58370 |
| authorized by division (E) of section 5111.232 of the Revised | 58371 |
| Code. If the nursing facility's quarterly submissions do not | 58372 |
| qualify for use in calculating a case-mix score, the department | 58373 |
| shall continue to use the median annual average case-mix score for | 58374 |
| the nursing facility's peer group in lieu of the nursing | 58375 |
| facility's semiannual case-mix score until the nursing facility | 58376 |
| submits two consecutive quarterly assessment data that qualify for | 58377 |
| use in calculating a case-mix score. | 58378 |
| Sec. 5111.255. (A) The department of job and family services | 58379 |
| shall
establish initial rates for | 58380 |
| intermediate care facility for the mentally retarded with a first | 58381 |
| date of licensure that is on or after January 1, 1993, including a | 58382 |
|
facility that replaces one or more existing facilities, or for | 58383 |
| 58384 | |
| retarded with a first date of licensure before that date that was | 58385 |
|
initially certified for the | 58386 |
| or after that date, in the following manner: | 58387 |
| (1) The rate for direct care costs shall be determined as | 58388 |
| follows: | 58389 |
| (a) If there are no cost or resident assessment data as | 58390 |
| necessary to calculate a rate under section 5111.23 of the Revised | 58391 |
| Code, the rate shall be the median cost per case-mix unit | 58392 |
| calculated under division (B)(1) of that section for the relevant | 58393 |
| peer group for the calendar year preceding the fiscal year in | 58394 |
| which the rate will be paid, multiplied by the median annual | 58395 |
| average case-mix score for the peer group for that period and by | 58396 |
| the rate
of inflation estimated under division (B) | 58397 |
| section. This rate shall be recalculated to reflect the facility's | 58398 |
| actual quarterly average case-mix score, in accordance with that | 58399 |
| section, after it submits its first quarterly assessment | 58400 |
| 58401 | |
| score in accordance with rules
| 58402 |
| division | 58403 |
| If the facility's first two quarterly submissions do not contain | 58404 |
| assessment | 58405 |
| a case-mix score, the department shall continue to calculate the | 58406 |
| rate using the median annual case-mix score for the peer group in | 58407 |
| lieu of an assigned quarterly case-mix score. The department shall | 58408 |
| assign a case-mix score or, if necessary, a cost per case-mix unit | 58409 |
| under division | 58410 |
| Code for any subsequent submissions that do not contain assessment | 58411 |
| 58412 | |
| score. | 58413 |
| (b) If the facility is a replacement facility and the | 58414 |
| facility or facilities that are being replaced are in operation | 58415 |
| immediately before the replacement facility opens, the rate shall | 58416 |
| be the same as the rate for the replaced facility or facilities, | 58417 |
| proportionate to the number of beds in each replaced facility. If | 58418 |
| one or more of the replaced facilities is not in operation | 58419 |
| immediately before the replacement facility opens, its proportion | 58420 |
| shall be determined under division (A)(1)(a) of this section. | 58421 |
| (2) The rate for other protected costs shall be one hundred | 58422 |
| fifteen per cent of the median rate for | 58423 |
| 58424 | |
| calculated for the fiscal year under section 5111.235 of the | 58425 |
| Revised Code. | 58426 |
| (3) The rate for indirect care costs shall be the applicable | 58427 |
| maximum rate for the facility's peer group as specified in | 58428 |
| division (B) of section | 58429 |
| 5111.241 of the Revised Code. | 58430 |
| (4) The rate for capital costs shall be determined under | 58431 |
|
section | 58432 |
| of actual inpatient days or an imputed occupancy rate of eighty | 58433 |
| per cent. | 58434 |
| (B) The department shall adjust the rates established under | 58435 |
| division (A) of this section at both of the following times: | 58436 |
| (1) Effective the first day of July, to reflect new rate | 58437 |
|
calculations for all facilities under sections | 58438 |
| 58439 |
| (2) Following the | 58440 |
| facility's cost report under division (A)(1)(b) of section 5111.26 | 58441 |
| of the Revised Code. | 58442 |
| The department shall pay the rate adjusted based on the cost | 58443 |
| report beginning the first day of the calendar quarter that begins | 58444 |
| more than ninety days after the department receives the cost | 58445 |
| report. | 58446 |
| Sec. 5111.257. If a provider of a nursing facility adds or | 58447 |
| replaces one or more medicaid certified beds to or at the nursing | 58448 |
| facility, or renovates one or more of the nursing facility's beds, | 58449 |
| the rate for the added, replaced, or renovated beds shall be the | 58450 |
| same as the rate for the nursing facility's existing beds. | 58451 |
| | 58452 |
| 58453 | |
| 58454 | |
| of
job and family services
shall adopt rules | 58455 |
| 58456 | |
| establish a methodology for calculating the prospective
rates | 58457 |
| 58458 | |
| 58459 | |
| each of the provider's eligible nursing facilities and | 58460 |
| intermediate care facilities for the mentally retarded, and | 58461 |
| discrete units of the provider's nursing facilities or | 58462 |
| intermediate care facilities for the mentally retarded, that serve | 58463 |
| residents who have diagnoses or special care needs that require | 58464 |
| direct care resources that are not measured adequately by the | 58465 |
| applicable assessment instrument specified in rules | 58466 |
| authorized by section | 58467 |
| who have diagnoses or special care needs specified in the rules as | 58468 |
| otherwise qualifying for consideration under this section. The | 58469 |
| facilities and units of facilities whose rates are established | 58470 |
| under this division may include, but shall not be limited to, any | 58471 |
| of the following: | 58472 |
| (1) In the case of nursing facilities, facilities and units | 58473 |
| of facilities that serve medically fragile pediatric residents, | 58474 |
| residents who are dependent on ventilators, or residents who have | 58475 |
| severe traumatic brain injury, end-stage Alzheimer's disease, or | 58476 |
| end-stage acquired immunodeficiency syndrome; | 58477 |
| (2) In the case of intermediate care facilities for the | 58478 |
| mentally retarded, facilities and units of facilities that serve | 58479 |
| residents who have complex medical conditions or severe behavioral | 58480 |
| problems. | 58481 |
| The department shall use the methodology established under | 58482 |
| this division to pay for services rendered by such facilities and | 58483 |
| units after June 30, 1993. | 58484 |
| The rules | 58485 |
| specify the criteria and procedures the department will apply when | 58486 |
| designating facilities and units that qualify for calculation of | 58487 |
| rates under this division. The criteria shall include | 58488 |
| consideration of whether all of the allowable costs of the | 58489 |
| facility or unit would be paid by rates established under sections | 58490 |
| 58491 | |
| 58492 | |
| establish a minimum bed size for a facility or unit to qualify to | 58493 |
| have its rates established under this division. The criteria shall | 58494 |
| not be designed to require that residents be served only in | 58495 |
| facilities located in large cities. The methodology established by | 58496 |
| the rules shall consider the historical costs of providing care to | 58497 |
| the residents of the facilities or units. | 58498 |
| The rules may require that a facility designated under this | 58499 |
| division or containing a unit designated under this division | 58500 |
| receive authorization from the department to admit or retain a | 58501 |
| resident to the facility or unit and shall specify the criteria | 58502 |
| and procedures the department will apply when granting that | 58503 |
| authorization. | 58504 |
| Notwithstanding any other provision of sections 5111.20 to | 58505 |
| 58506 | |
| facilities or units whose rates are established under this | 58507 |
| division shall not be considered in establishing payment rates for | 58508 |
| other facilities or units. | 58509 |
| (B) The director may adopt rules | 58510 |
| 58511 | |
| department, notwithstanding any other provision of sections | 58512 |
| 5111.20 to
| 58513 |
| rates determined
under sections | 58514 |
| 5111.33 of the Revised Code for a facility that serves a resident | 58515 |
| who has a diagnosis or special care need that, in the rules | 58516 |
| 58517 | |
| qualify a facility or unit of a facility to have its rate | 58518 |
| determined under that division, but who is not in such a unit. The | 58519 |
| rules may require that a facility that qualifies for a rate | 58520 |
| adjustment under this division receive authorization from the | 58521 |
| department to admit or retain a resident who qualifies the | 58522 |
| facility for the rate adjustment and shall specify the criteria | 58523 |
| and procedures the department will apply when granting that | 58524 |
| authorization. | 58525 |
| Sec. 5111.26. (A)(1)(a) Except as provided in division | 58526 |
|
(A)(1)(b) of this section, each | 58527 |
| 58528 | |
| the department of job and family services an annual cost report | 58529 |
| 58530 | |
| intermediate care facilities for the mentally retarded that | 58531 |
| participate in the medicaid program. A provider shall prepare the | 58532 |
| reports in accordance with guidelines established by the | 58533 |
| department. | 58534 |
| portion of a calendar year during which the facility participated | 58535 |
| in the | 58536 |
| provider shall file the reports within ninety days after the end | 58537 |
| of the calendar year. The department, for good cause, may grant a | 58538 |
| fourteen-day extension of the time for filing cost reports upon | 58539 |
| written request from a
| 58540 |
| family services
shall prescribe, in rules adopted | 58541 |
| 58542 | |
| cost reporting form and a uniform chart of accounts for the | 58543 |
| purpose of cost reporting, and shall distribute cost reporting | 58544 |
| forms or computer software for electronic submission of the cost | 58545 |
| report to
each | 58546 |
| 58547 | |
| 58548 |
| (b) | 58549 |
| nursing facility or intermediate care facility for the mentally | 58550 |
| retarded were most recently established under section 5111.254 or | 58551 |
| 5111.255 of the Revised Code, the provider shall submit a cost | 58552 |
| report for that facility no later than ninety days after the end | 58553 |
| of the facility's first
three full calendar months of operation. | 58554 |
| If a nursing facility or intermediate care facility for the | 58555 |
| mentally retarded undergoes a change of provider that the | 58556 |
| department determines, in accordance with rules adopted under | 58557 |
| section 5111.02 of the Revised Code, is an arm's length | 58558 |
| transaction, the new provider shall submit a cost report for that | 58559 |
| facility not later than ninety days after the end of the | 58560 |
| facility's first three full calendar months of operation under the | 58561 |
| new provider. The provider of a facility that opens or undergoes a | 58562 |
| change of provider that is an arm's length transaction after the | 58563 |
| first day of October in any calendar year is not required to file | 58564 |
| a cost report for that calendar year. | 58565 |
| (c) If a nursing facility undergoes a change of provider that | 58566 |
| the department determines, in accordance with rules adopted under | 58567 |
| section 5111.02 of the Revised Code, is not an arms length | 58568 |
| transaction, the new provider shall file a cost report under | 58569 |
| division (A)(1)(a) of this section for the facility. The cost | 58570 |
| report shall cover the portion of the calendar year during which | 58571 |
| the new provider operated the nursing facility and the portion of | 58572 |
| the calendar year during which the previous provider operated the | 58573 |
| nursing facility. | 58574 |
| (2) If a | 58575 |
| 58576 | |
| report for a nursing facility or intermediate care facility for | 58577 |
| the mentally retarded does
not file the | 58578 |
| required time | 58579 |
| an extension is granted under division (A)(1)(a) of this section, | 58580 |
| or files an incomplete or inadequate report for the facility, the | 58581 |
| department shall provide immediate written
notice to the | 58582 |
| provider that | 58583 |
|
terminated in thirty days unless the | 58584 |
| complete and adequate cost report for the facility within thirty | 58585 |
| days. During the thirty-day termination period or any additional | 58586 |
| time allowed for an appeal of the proposed termination of a | 58587 |
| provider agreement,
the | 58588 |
| facility's then current per resident per day rate, minus two | 58589 |
| dollars. On July 1, 1994, the department shall adjust the | 58590 |
| two-dollar reduction to reflect the rate of inflation during the | 58591 |
| preceding twelve months, as shown in the consumer price index for | 58592 |
| all items for all urban consumers for the north central region, | 58593 |
| published by the United States bureau of labor statistics. On July | 58594 |
| 1, 1995, and the first day of July of each year thereafter, the | 58595 |
| department shall adjust the amount of the reduction in effect | 58596 |
| during the previous twelve months to reflect the rate of inflation | 58597 |
| during the preceding twelve months, as shown in the same index. | 58598 |
| (B) No | 58599 |
| 58600 | |
| 5111.35 to 5111.62 or section 5111.99 of the Revised Code in any | 58601 |
| cost report filed under this section. | 58602 |
| (C) The department shall develop an addendum to the cost | 58603 |
|
report form that a | 58604 |
| 58605 | |
| the
| 58606 |
| Any costs
reported by the | 58607 |
| considered by the department in setting the facility's rate. If | 58608 |
| the department does not consider the costs listed on the addendum | 58609 |
| in setting the
facility's rate, the | 58610 |
| reconsideration of that determination under section 5111.29 of the | 58611 |
| Revised Code. If the department subsequently includes the costs | 58612 |
| listed in the addendum in the facility's rate, the department | 58613 |
| shall pay the | 58614 |
| established in rules adopted | 58615 |
| section 5111.02 of the Revised Code for the time that the rate | 58616 |
| paid excluded the costs. | 58617 |
| Sec. 5111.261. Except as otherwise provided in | 58618 |
| 58619 | |
| of job and family services, in determining whether an intermediate | 58620 |
| care facility for the mentally retarded's direct care costs and | 58621 |
| indirect care costs are allowable, shall place no limit on | 58622 |
| specific categories of reasonable costs other than compensation of | 58623 |
| owners, compensation of relatives of owners, compensation of | 58624 |
| administrators and costs for resident meals that are prepared and | 58625 |
| consumed outside the facility. | 58626 |
| Compensation cost limits for owners and relatives of owners | 58627 |
| shall be based on compensation costs for individuals who hold | 58628 |
| comparable positions but who are not owners or relatives of | 58629 |
| owners, as reported on facility cost reports. As used in this | 58630 |
| section, "comparable position" means the position that is held by | 58631 |
| the owner or the owner's relative, if that position is listed | 58632 |
| separately on the cost report form, or if the position is not | 58633 |
| listed separately, the group of positions that is listed on the | 58634 |
| cost report form and that includes the position held by the owner | 58635 |
| or the owner's relative. In the case of an owner or owner's | 58636 |
| relative who serves the facility in a capacity such as corporate | 58637 |
| officer, proprietor, or partner for which no comparable position | 58638 |
| or group of positions is listed on the cost report form, the | 58639 |
| compensation cost limit shall be based on civil service | 58640 |
|
equivalents and shall be specified in rules adopted | 58641 |
| 58642 | |
| 58643 |
| Compensation cost limits for administrators shall be based on | 58644 |
| compensation costs for administrators who are not owners or | 58645 |
| relatives of owners, as reported on facility cost reports. | 58646 |
| Compensation cost limits for administrators of four or more | 58647 |
| intermediate care facilities for the mentally retarded shall be | 58648 |
|
the same as the limits for administrators of | 58649 |
| intermediate care facilities for the mentally retarded with one | 58650 |
| hundred fifty or more beds. | 58651 |
| | 58652 |
| 58653 | |
| 58654 | |
| 58655 | |
| 58656 | |
| 58657 | |
| 58658 | |
| 58659 | |
| 58660 | |
| 58661 |
| Sec. 5111.263. (A) As used in this section, "covered therapy | 58662 |
| services" means physical therapy, occupational therapy, audiology, | 58663 |
| and speech therapy services that are provided by appropriately | 58664 |
| licensed therapists or therapy assistants and that are covered for | 58665 |
| nursing facility residents either by the medicare program | 58666 |
| established under Title XVIII | 58667 |
| 58668 | |
| 58669 | |
|
director of job and family
services | 58670 |
| 58671 |
| (B) Except as provided in division (G) of this section, the | 58672 |
| costs of therapy are not allowable costs for nursing facilities | 58673 |
| for the purpose of determining rates under sections
| 58674 |
| 58675 | |
| 58676 |
| (C) The department of job and family services shall process | 58677 |
| no
claims for payment under the | 58678 |
| program for covered therapy services rendered to a resident of a | 58679 |
| nursing facility other than such claims submitted, in accordance | 58680 |
| with this section, by a nursing facility that has a valid provider | 58681 |
| agreement with the department. | 58682 |
| (D) | 58683 |
| 58684 | |
| family services for covered
therapy services | 58685 |
| nursing facilities provide to residents of any nursing facility | 58686 |
|
who are medicaid recipients | 58687 |
| not eligible for the medicare program. | 58688 |
| (E) The department shall not process any claim for a covered | 58689 |
| therapy service provided to a nursing facility resident who is | 58690 |
| eligible for the medicare program unless the claim is for a | 58691 |
| copayment or deductible or the conditions in division (E)(1) or | 58692 |
| (2) of this section apply: | 58693 |
| (1) The covered therapy service provided is, under the | 58694 |
| federal statutes, regulations, or policies governing the medicare | 58695 |
| program, not covered by the medicare program and the service is, | 58696 |
| under the provisions of this chapter or the rules adopted under | 58697 |
|
this chapter, covered by the | 58698 |
| (2) All of the following apply: | 58699 |
| (a) The individual or entity who provided the covered therapy | 58700 |
| service was eligible to bill the medicare program for the service. | 58701 |
| (b) A complete, accurate, and timely claim was submitted to | 58702 |
| the medicare program and the program denied payment for the | 58703 |
| service as not medically necessary for the resident. For the | 58704 |
| purposes of division (E)(2)(b) of this section, a claim is not | 58705 |
| considered to have been denied by the medicare program until | 58706 |
| either a denial has been issued following a medicare fair hearing | 58707 |
| or six months have elapsed since the request for a fair hearing | 58708 |
| was filed. | 58709 |
| (c) The facility is required to provide or arrange for the | 58710 |
| provision of the service by a licensed therapist or therapy | 58711 |
| assistant to be in compliance with federal or state nursing | 58712 |
|
facility certification requirements for the | 58713 |
| medicaid program. | 58714 |
| (d) The claim for payment for the services under the
| 58715 |
| 58716 | |
| divisions (E)(2)(b) and (c) of this section apply to the service. | 58717 |
| (F) The reimbursement allowed by the department for covered | 58718 |
| therapy services provided to nursing facility residents and billed | 58719 |
| under division (D) or (E) of this section shall be fifteen per | 58720 |
| cent less than the fees it pays for the same services rendered to | 58721 |
| hospital outpatients. The director may
adopt rules
| 58722 |
| 58723 | |
| establishing comparable fees for covered therapy services that are | 58724 |
| not included in its schedule of fees paid for services rendered to | 58725 |
| hospital outpatients. | 58726 |
| (G) A nursing facility's reasonable costs for rehabilitative, | 58727 |
| restorative, or maintenance therapy services rendered to facility | 58728 |
| residents by nurses or nurse aides, and the facility's overhead | 58729 |
| costs to support provision of therapy services provided to nursing | 58730 |
| facility residents, are allowable costs for the purposes of | 58731 |
| establishing rates under sections
| 58732 |
| 58733 | |
| 5111.20 to 5111.33 of the Revised Code. | 58734 |
| Sec. 5111.264. Except as provided in section 5111.25 or | 58735 |
| 58736 | |
| services, and facilities, furnished to a provider by a related | 58737 |
| party are includable in the allowable costs of the provider at the | 58738 |
| reasonable cost to the related party. | 58739 |
| Sec. 5111.265. If one or more medicaid-certified beds are | 58740 |
| relocated from one nursing facility to another nursing facility | 58741 |
| owned by a different person or government entity and the | 58742 |
| application for the certificate of need authorizing the relocation | 58743 |
| is filed with the director of health on or after the effective | 58744 |
| date of this section, amortization of the cost of acquiring | 58745 |
| operating rights for the relocated beds is not an allowable cost | 58746 |
| for the purpose of determining the nursing facility's medicaid | 58747 |
| reimbursement rate. | 58748 |
| Sec. 5111.266. A provider of a nursing facility filing the | 58749 |
| facility's cost report with the department of job and family | 58750 |
| services under section 5111.26 of the Revised Code shall report as | 58751 |
| a nonreimbursable expense the cost of the nursing facility's | 58752 |
| franchise permit fee. | 58753 |
| Sec. 5111.27. (A) The department of job and family services | 58754 |
| shall conduct a desk review of each cost report it receives under | 58755 |
| section 5111.26 of the Revised Code. Based on the desk review, the | 58756 |
| department shall make a preliminary determination of whether the | 58757 |
| reported costs are allowable costs. The department shall notify | 58758 |
| each | 58759 |
| 58760 | |
| costs are preliminarily determined not to be allowable, the rate | 58761 |
|
calculation under sections | 58762 |
| the Revised Code that results from that determination, and the | 58763 |
| reasons for the determination and resulting rate. The department | 58764 |
| shall allow
the | 58765 |
| submit additional information. | 58766 |
| (B) The department may conduct an audit, as defined by rule | 58767 |
| adopted | 58768 |
| 58769 | |
| any cost report and shall notify the | 58770 |
| 58771 | |
| its findings. | 58772 |
| Audits shall be conducted by auditors under contract with or | 58773 |
| employed by the department. The decision whether to conduct an | 58774 |
| audit and the scope of the audit, which may be a desk or field | 58775 |
| audit, shall be determined based on prior performance of the | 58776 |
| provider and may be based on a risk analysis or other evidence | 58777 |
| that gives the department reason to believe that the provider has | 58778 |
| reported costs improperly. A desk or field audit may be performed | 58779 |
| annually, but is required whenever a provider does not pass the | 58780 |
| risk analysis tolerance factors. The department shall issue the | 58781 |
| audit report no later than three years after the cost report is | 58782 |
| filed, or upon the completion of a desk or field audit on the | 58783 |
| report or a report for a subsequent cost reporting period, | 58784 |
| whichever is earlier. During the time within which the department | 58785 |
| may issue an audit report, the provider may amend the cost report | 58786 |
| upon discovery of a material error or material additional | 58787 |
| information. The department shall review the amended cost report | 58788 |
| for accuracy and notify the provider of its determination. | 58789 |
| The department may establish a contract for the auditing of | 58790 |
| facilities by outside firms. Each contract entered into by bidding | 58791 |
| shall be effective for one to two years. The department shall | 58792 |
| establish an audit manual and program which shall require that all | 58793 |
| field audits, conducted either pursuant to a contract or by | 58794 |
| department employees: | 58795 |
| (1) Comply with the applicable rules prescribed pursuant to | 58796 |
| Titles XVIII and XIX | 58797 |
| 58798 |
| (2) Consider generally accepted auditing standards prescribed | 58799 |
| by the American institute of certified public accountants; | 58800 |
| (3) Include a written summary as to whether the costs | 58801 |
| included in the report examined during the audit are allowable and | 58802 |
| are presented fairly in accordance with generally accepted | 58803 |
| accounting principles and department rules, and whether, in all | 58804 |
| material respects, allowable costs are documented, reasonable, and | 58805 |
| related to patient care; | 58806 |
| (4) Are conducted by accounting firms or auditors who, during | 58807 |
| the period of the auditors' professional engagement or employment | 58808 |
| and during the period covered by the cost reports, do not have nor | 58809 |
| are committed to acquire any direct or indirect financial interest | 58810 |
| in the ownership, financing, or operation of a nursing facility or | 58811 |
| intermediate care facility for the mentally retarded in this | 58812 |
| state; | 58813 |
| (5) Are conducted by accounting firms or auditors who, as a | 58814 |
| condition of the contract or employment, shall not audit any | 58815 |
| facility that has been a client of the firm or auditor; | 58816 |
| (6) Are conducted by auditors who are otherwise independent | 58817 |
| as determined by the standards of independence established by the | 58818 |
| American institute of certified public accountants; | 58819 |
| (7) Are completed within the time period specified by the | 58820 |
| department; | 58821 |
| (8) Provide to the | 58822 |
| 58823 | |
| interpretations that explain in detail the application of all | 58824 |
| relevant contract provisions, regulations, auditing standards, | 58825 |
| rate formulae, and departmental policies, with explanations and | 58826 |
|
examples, that are sufficient to permit the | 58827 |
| calculate with reasonable certainty those costs that are allowable | 58828 |
| and the rate to which the provider's facility is entitled. | 58829 |
| For the purposes of division (B)(4) of this section, | 58830 |
| employment of a member of an auditor's family by a nursing | 58831 |
| facility or intermediate care facility for the mentally retarded | 58832 |
| that the auditor does not review does not constitute a direct or | 58833 |
| indirect financial interest in the ownership, financing, or | 58834 |
| operation of the facility. | 58835 |
| (C) The department, pursuant to rules adopted | 58836 |
| 58837 | |
| conduct an
exception review of assessment | 58838 |
| submitted under
section | 58839 |
| department may conduct an exception review based on the findings | 58840 |
| of a certification survey conducted by the department of health, a | 58841 |
| risk analysis, or prior performance of the provider. | 58842 |
| Exception reviews shall be conducted at the facility by | 58843 |
| appropriate health professionals under contract with or employed | 58844 |
| by the department of job and family services. The professionals | 58845 |
| may review resident assessment forms and supporting documentation, | 58846 |
| conduct interviews, and observe residents to identify any patterns | 58847 |
| or trends of inaccurate assessments and resulting inaccurate | 58848 |
| case-mix scores. | 58849 |
| The rules shall establish an exception review program that | 58850 |
| requires that exception reviews do all of the following: | 58851 |
| (1) Comply with Titles XVIII and XIX | 58852 |
| 58853 |
| (2) Provide a written summary that states whether the | 58854 |
| resident assessment forms have been completed accurately; | 58855 |
| (3) Are conducted by health professionals who, during the | 58856 |
| period of their professional engagement or employment with the | 58857 |
| department, neither have nor are committed to acquire any direct | 58858 |
| or indirect financial interest in the ownership, financing, or | 58859 |
| operation of a nursing facility or intermediate care facility for | 58860 |
| the mentally retarded in this state; | 58861 |
| (4) Are conducted by health professionals who, as a condition | 58862 |
| of their engagement or employment with the department, shall not | 58863 |
|
review any
| 58864 |
| professional. | 58865 |
| For the purposes of division (C)(3) of this section, | 58866 |
| employment of a member of a health professional's family by a | 58867 |
| nursing facility or intermediate care facility for the mentally | 58868 |
| retarded that the professional does not review does not constitute | 58869 |
| a direct or indirect financial interest in the ownership, | 58870 |
| financing, or operation of the facility. | 58871 |
| If an exception review is conducted before the effective date | 58872 |
| of the rate that is based on the case-mix | 58873 |
| to the review and the review results in findings that exceed | 58874 |
| tolerance levels specified in the rules adopted under this | 58875 |
| division, the department, in accordance with those rules, may use | 58876 |
| the findings to recalculate individual resident case-mix scores, | 58877 |
| quarterly average facility case-mix scores, and annual average | 58878 |
| facility case-mix scores. The department may use the recalculated | 58879 |
| quarterly and annual facility average case-mix scores to calculate | 58880 |
| the facility's rate for direct care costs for the appropriate | 58881 |
| calendar quarter or quarters. | 58882 |
| (D) The department shall prepare a written summary of any | 58883 |
| audit disallowance or exception review finding that is made after | 58884 |
| the effective date of the rate that is based on the cost or | 58885 |
|
case-mix | 58886 |
| judicial or administrative remedies in good faith regarding the | 58887 |
| disallowance or finding, the department shall not withhold from | 58888 |
| the | 58889 |
| department claims to be due from
the | 58890 |
| section 5111.28 of the Revised Code. | 58891 |
| (E) The department shall not reduce rates calculated under | 58892 |
|
sections | 58893 |
| the basis that
the | 58894 |
| resident who is not
eligible for the | 58895 |
| program. | 58896 |
| (F) The department shall adjust the rates calculated under | 58897 |
|
sections | 58898 |
| account for reasonable additional costs that must be incurred by | 58899 |
| nursing facilities and intermediate care facilities for the | 58900 |
| mentally retarded to comply with requirements of federal or state | 58901 |
| statutes, rules, or policies enacted or amended after January 1, | 58902 |
| 1992, or with orders issued by state or local fire authorities. | 58903 |
| Sec. 5111.28. (A) If a provider properly amends its cost | 58904 |
| report under section 5111.27 of the Revised Code and the amended | 58905 |
| report shows that the provider received a lower rate under the | 58906 |
| original cost report than it was entitled to receive, the | 58907 |
| department of job and family services shall adjust the provider's | 58908 |
| rate prospectively to reflect the corrected information. The | 58909 |
| department shall pay the adjusted rate beginning two months after | 58910 |
| the first day of the month after the provider files the amended | 58911 |
| cost report. If the department finds, from an exception review of | 58912 |
| resident assessment information conducted after the effective date | 58913 |
| of the rate for direct care costs that is based on the assessment | 58914 |
| information, that inaccurate assessment information resulted in | 58915 |
| the provider receiving a lower rate than it was entitled to | 58916 |
| receive, the department prospectively shall adjust the provider's | 58917 |
| rate accordingly and shall make payments using the adjusted rate | 58918 |
| for the remainder of the calendar quarter for which the assessment | 58919 |
| information is used to determine the rate, beginning one month | 58920 |
| after the first day of the month after the exception review is | 58921 |
| completed. | 58922 |
| (B) If the provider properly amends its cost report under | 58923 |
| section 5111.27 of the Revised Code, the department makes a | 58924 |
| finding based on an audit under that section, or the department | 58925 |
| makes a finding based on an exception review of resident | 58926 |
| assessment information conducted under that section after the | 58927 |
| effective date of the rate for direct care costs that is based on | 58928 |
| the assessment information, any of which results in a | 58929 |
| determination that the provider has received a higher rate than it | 58930 |
| was entitled to receive, the department shall recalculate the | 58931 |
| provider's rate using the revised information. The department | 58932 |
| shall apply the recalculated rate to the periods when the provider | 58933 |
| received the incorrect rate to determine the amount of the | 58934 |
| overpayment. The provider shall refund the amount of the | 58935 |
| overpayment. | 58936 |
| In addition to requiring a refund under this division, the | 58937 |
| department may charge the provider interest at the applicable rate | 58938 |
| specified in this division from the time the overpayment was made. | 58939 |
| (1) If the overpayment resulted from costs reported for | 58940 |
| calendar year 1993, the interest shall be no greater than one and | 58941 |
| one-half times the average bank prime rate. | 58942 |
| (2) If the overpayment resulted from costs reported for | 58943 |
| subsequent calendar years: | 58944 |
| (a) The interest shall be no greater than two times the | 58945 |
| average bank prime rate if the overpayment was equal to or less | 58946 |
| than one per cent of the total medicaid payments to the provider | 58947 |
| for the fiscal year for which the incorrect information was used | 58948 |
| to establish a rate. | 58949 |
| (b) The interest shall be no greater than two and one-half | 58950 |
| times the current average bank prime rate if the overpayment was | 58951 |
| greater than one per cent of the total medicaid payments to the | 58952 |
| provider for the fiscal year for which the incorrect information | 58953 |
| was used to establish a rate. | 58954 |
| (C) The department also may impose the following penalties: | 58955 |
| (1) If a provider does not furnish invoices or other | 58956 |
| documentation that the department requests during an audit within | 58957 |
| sixty days after the request, no more than the greater of one | 58958 |
| thousand dollars per audit or twenty-five per cent of the | 58959 |
| cumulative amount by which the costs for which documentation was | 58960 |
| not furnished increased the total medicaid payments to the | 58961 |
| provider during the fiscal year for which the costs were used to | 58962 |
| establish a rate; | 58963 |
| (2) If an exiting operator or owner fails to provide notice | 58964 |
| of
| 58965 |
| voluntary withdrawal of participation in the
| 58966 |
| medicaid program | 58967 |
| 5111.66 of the Revised Code, or an exiting operator or owner and | 58968 |
| entering operator fail to provide notice of a change of operator | 58969 |
| as required by section 5111.67 of the Revised Code, no more than | 58970 |
| the current average bank prime rate plus four per cent of the last | 58971 |
| two monthly payments. | 58972 |
| (D) If the provider continues to participate in the | 58973 |
| 58974 | |
| amount that the provider is required to refund under this section, | 58975 |
| and the amount of any interest charged or penalty imposed under | 58976 |
| this section, from the next available payment from the department | 58977 |
| to the provider. The department and the provider may enter into an | 58978 |
| agreement under which the amount, together with interest, is | 58979 |
| deducted in installments from payments from the department to the | 58980 |
| provider. | 58981 |
| (E) The department shall transmit refunds and penalties to | 58982 |
| the treasurer of state for deposit in the general revenue fund. | 58983 |
| (F) For the purpose of this section, the department shall | 58984 |
| determine the average bank prime rate using statistical release | 58985 |
| H.15, "selected interest rates," a weekly publication of the | 58986 |
| federal reserve board, or any successor publication. If | 58987 |
| statistical release H.15, or its successor, ceases to contain the | 58988 |
| bank prime rate information or ceases to be published, the | 58989 |
| department shall request a written statement of the average bank | 58990 |
| prime rate from the federal reserve bank of Cleveland or the | 58991 |
| federal reserve board. | 58992 |
| Sec. 5111.29. (A) The director of job and family services | 58993 |
|
shall
adopt rules | 58994 |
| 5111.02 of the Revised Code that establish a process under which a | 58995 |
| 58996 | |
| 58997 | |
| providers, may seek reconsideration of rates established under | 58998 |
| sections | 58999 |
| including a rate for direct care costs recalculated before the | 59000 |
| effective date of the rate as a result of an exception review of | 59001 |
| resident assessment information conducted under section 5111.27 of | 59002 |
| the Revised Code. | 59003 |
| (1) Except as provided in divisions (A)(2) to (4) of this | 59004 |
|
section, the only issue that a | 59005 |
| association may raise in the rate reconsideration shall be whether | 59006 |
| the rate
was
calculated in accordance with sections | 59007 |
| 5111.20 to | 59008 |
| adopted under | 59009 |
| The
rules shall permit a | 59010 |
| to submit written arguments or other materials that support its | 59011 |
| position. The rules shall specify time frames within which the | 59012 |
| 59013 | |
| act. If the department determines, as a result of the rate | 59014 |
| reconsideration, that the rate established for one or more | 59015 |
| facilities of a provider is less than
the rate to which | 59016 |
| facility is entitled, the department shall increase the rate. If | 59017 |
| the department has paid the incorrect rate for a period of time, | 59018 |
| the department shall pay the | 59019 |
| between the amount | 59020 |
| the facility and the
amount | 59021 |
| for the facility. | 59022 |
| (2) The rules shall provide that during a fiscal year, the | 59023 |
| department, by means of the rate reconsideration process, may | 59024 |
|
increase | 59025 |
| facility for the mentally retarded as calculated under sections | 59026 |
| 59027 | |
| provider of the facility demonstrates that
| 59028 |
| actual, allowable costs have increased because of extreme | 59029 |
| circumstances. A facility may qualify for a rate increase only if | 59030 |
| 59031 | |
| increased to a
level
that exceeds its total rate | 59032 |
| 59033 | |
| specify the circumstances that would justify a rate increase under | 59034 |
|
division
(A)(2) of this section.
| 59035 |
| 59036 | |
| circumstances include
| 59037 |
| 59038 | |
| 59039 | |
| 59040 | |
| 59041 | |
| 59042 | |
| 59043 | |
| 59044 | |
| 59045 | |
| 59046 | |
| (D) of section 5111.251 of the Revised Code, an increase in | 59047 |
| workers' compensation experience rating of greater than five per | 59048 |
| cent for a facility that has an appropriate claims management | 59049 |
| program, increased security costs for an inner-city facility, and | 59050 |
| a change of ownership that results from bankruptcy, foreclosure, | 59051 |
| or findings of violations of certification requirements by the | 59052 |
| department of health. An increase under division (A)(2) of this | 59053 |
| section is subject to any rate limitations or maximum rates | 59054 |
|
established by
sections | 59055 |
| Revised Code for specific cost centers. Any rate increase granted | 59056 |
| under division (A)(2) of this section shall take effect on the | 59057 |
| first day of the first month after the department receives the | 59058 |
| request. | 59059 |
| (3) The rules shall provide that the department, through the | 59060 |
|
rate reconsideration process, may increase | 59061 |
| intermediate care facility for the mentally retarded's rate as | 59062 |
|
calculated under sections | 59063 |
| the Revised
Code
if the department, in | 59064 |
| discretion, determines that the rate as calculated under those | 59065 |
| sections works an extreme hardship on the facility. | 59066 |
| (4) The rules shall provide that when beds certified for the | 59067 |
| 59068 | |
| intermediate care facility | 59069 |
| at the same site, | 59070 |
| the department, through the rate reconsideration process, shall | 59071 |
| increase the | 59072 |
| mentally retarded's rate for capital costs proportionately, as | 59073 |
| limited by any applicable limitation under
section | 59074 |
| 5111.251 of the Revised Code, to account for the costs of the beds | 59075 |
| that are added | 59076 |
| 59077 | |
| the first day of the month after the department receives | 59078 |
| sufficient documentation of the costs. Any rate increase granted | 59079 |
| under division (A)(4) of this section after June 30, 1993, shall | 59080 |
| remain in effect until the effective date of a rate calculated | 59081 |
| under section
| 59082 |
| includes costs incurred for a full calendar year for the bed | 59083 |
| addition | 59084 |
| facility shall report double accumulated depreciation in an amount | 59085 |
| equal to the depreciation included in the rate adjustment on its | 59086 |
| cost report for the first year of operation. During the term of | 59087 |
| any loan used to finance a project for which a rate adjustment is | 59088 |
| granted under division (A)(4) of this section, if the facility is | 59089 |
| operated by the same provider,
the | 59090 |
| subtract from the interest costs it reports on its cost report an | 59091 |
| amount equal to the difference between the following: | 59092 |
| (a) The actual, allowable interest costs for the loan during | 59093 |
| the calendar year for which the costs are being reported; | 59094 |
| (b) The actual, allowable interest costs attributable to the | 59095 |
| loan that were used to calculate the rates paid to the provider | 59096 |
| for the facility during the same calendar year. | 59097 |
| (5) The department's decision at the conclusion of the | 59098 |
| reconsideration process shall not be subject to any administrative | 59099 |
| proceedings under Chapter 119. or any other provision of the | 59100 |
| Revised Code. | 59101 |
| (B) | 59102 |
| conducted in accordance with Chapter 119. of the Revised Code: | 59103 |
| (1) Any audit disallowance that the department makes as the | 59104 |
|
result of an audit under section 5111.27 of the Revised Code | 59105 |
| (2) Any adverse finding that results from an exception review | 59106 |
| of
resident
assessment information conducted under | 59107 |
| 5111.27 of the Revised Code after the effective date of the | 59108 |
| facility's rate that is based on
the
assessment information | 59109 |
| 59110 |
| (3) Any medicaid payment deemed an overpayment under section | 59111 |
| 5111.683 of the Revised Code; | 59112 |
| (4) Any penalty the department imposes under division (C) of | 59113 |
| section 5111.28 of the Revised Code
| 59114 |
| 59115 | |
| 5111.683 of the Revised Code. | 59116 |
| Sec. 5111.291. Notwithstanding sections 5111.20 to | 59117 |
| 5111.33 of the Revised Code, the department of job and family | 59118 |
| services may compute the rate for intermediate care facilities for | 59119 |
| the mentally retarded operated by the department of mental | 59120 |
| retardation and developmental disabilities or the department of | 59121 |
| mental health according to the reasonable cost principles of Title | 59122 |
| XVIII | 59123 |
| 59124 |
| Sec. 5111.30. The department of job and family services | 59125 |
| shall terminate
the provider
agreement with a | 59126 |
| 59127 | |
| does not comply with the requirements of section 3721.071 of the | 59128 |
| Revised Code for the installation of fire extinguishing and fire | 59129 |
| alarm systems. | 59130 |
| Sec. 5111.31. (A) Every provider agreement with the provider | 59131 |
| of a nursing facility or intermediate care facility for the | 59132 |
| mentally retarded shall: | 59133 |
| (1) Prohibit the | 59134 |
| to retain as a patient any person because the person is, becomes, | 59135 |
| or may, as a patient in the facility, become a medicaid recipient | 59136 |
| 59137 | |
| purposes of this
division, a medicaid recipient | 59138 |
| 59139 | |
| patient in the facility during any hospital stays totaling less | 59140 |
| than twenty-five days during any twelve-month period. Recipients | 59141 |
| who have been identified by the department of job and family | 59142 |
| services or its designee as requiring the level of care of an | 59143 |
| intermediate care facility for the mentally retarded shall not be | 59144 |
| subject to a maximum period of absences during which they are | 59145 |
| considered patients if prior authorization of the department for | 59146 |
| visits with relatives and friends and participation in therapeutic | 59147 |
| programs is obtained under rules adopted under section 5111.02 of | 59148 |
| the Revised Code. | 59149 |
| (2) | 59150 |
| section, include any part of the facility that meets standards for | 59151 |
| certification of compliance with federal and state laws and rules | 59152 |
| for participation in the | 59153 |
| 59154 | |
| 59155 | |
| 59156 | |
| 59157 | |
| 59158 | |
| 59159 | |
| 59160 | |
| 59161 |
| (3) Prohibit the | 59162 |
| against any patient on the basis of race, color, sex, creed, or | 59163 |
| national origin. | 59164 |
| (4) Except as otherwise prohibited under section 5111.55 of | 59165 |
| the Revised Code, prohibit the | 59166 |
| refusing to accept a patient because the patient is, becomes, or | 59167 |
| may, as a patient in the facility, become a medicaid recipient | 59168 |
| 59169 | |
| eighty per cent of the patients in the facility are medicaid | 59170 |
| recipients | 59171 |
| (B)(1) Except as provided by division (B)(2) of this section, | 59172 |
| the following are not required to be included in a provider | 59173 |
| agreement unless otherwise required by federal law: | 59174 |
| (a) Beds added during the period beginning July 1, 1987, and | 59175 |
| ending July 1, 1993, to a nursing home licensed under Chapter | 59176 |
| 3721. of the Revised Code; | 59177 |
| (b) Beds in an intermediate care facility for the mentally | 59178 |
| retarded that are designated for respite care under a medicaid | 59179 |
| waiver component operated pursuant to a waiver sought under | 59180 |
| section 5111.87 of the Revised Code. | 59181 |
| (2) If a provider chooses to include a bed specified in | 59182 |
| division (B)(1) of this section in a provider agreement, the bed | 59183 |
| may not be removed from the provider agreement unless the provider | 59184 |
| withdraws the facility in which the bed is located from the | 59185 |
| medicaid program. | 59186 |
| (C) Nothing in this section shall bar | 59187 |
| a religious organization operating a religious or denominational | 59188 |
| nursing facility or intermediate care facility for the mentally | 59189 |
| retarded | 59190 |
| 59191 | |
| same religion or denomination. Nothing in this section shall bar | 59192 |
| any | 59193 |
| 59194 |
| | 59195 |
| a county home organized under Chapter 5155. of the Revised Code | 59196 |
| from admitting residents exclusively from the county in which the | 59197 |
| county home is located. | 59198 |
| | 59199 |
| facility for
the mentally retarded | 59200 |
| agreement is in effect shall violate the provider contract | 59201 |
| obligations imposed under this section. | 59202 |
| | 59203 |
| shall
bar | 59204 |
| 59205 | |
| resided in the provider's facility for not less than one year as | 59206 |
| private pay patients and who subsequently become medicaid | 59207 |
| recipients | 59208 |
| to accept as a patient any person who is or may, as a patient in | 59209 |
| the facility, become a medicaid recipient
| 59210 |
| 59211 |
| (1) The | 59212 |
| patient who has resided in the provider's facility for not less | 59213 |
| than one year as a private pay patient because the patient becomes | 59214 |
| a medicaid recipient
| 59215 |
| except as necessary to comply with
division | 59216 |
| section; | 59217 |
| (2) The number of medicaid recipients retained under this | 59218 |
| division does not at any time exceed ten per cent of all the | 59219 |
| patients in the facility; | 59220 |
| (3) On July 1, 1980, all the patients in the facility were | 59221 |
| private pay patients. | 59222 |
| Sec. 5111.32. Any patient has a cause of action against the | 59223 |
| provider of a nursing facility or intermediate care facility for | 59224 |
| the mentally retarded for breach of the provider agreement | 59225 |
| obligations or other duties imposed by section 5111.31 of the | 59226 |
| Revised Code. The action may be commenced by the patient, or on | 59227 |
| 59228 | |
| residents' rights advocate, as either is defined under section | 59229 |
| 3721.10 of the Revised Code, by the filing of a civil action in | 59230 |
| the court of common pleas of the county in which the facility is | 59231 |
| located, or in the court of common pleas of Franklin county. | 59232 |
| If the court finds that a breach of the provider agreement | 59233 |
| obligations imposed by section 5111.31 of the Revised Code has | 59234 |
| occurred, the court
may enjoin the
| 59235 |
| in the practice, order such affirmative relief as may be | 59236 |
| necessary, and award to the patient and a person or public agency | 59237 |
| that brings an action on behalf of a patient actual damages, | 59238 |
| costs, and reasonable attorney's fees. | 59239 |
| Sec. 5111.33. Reimbursement to | 59240 |
| 59241 | |
| under sections 5111.20 to 5111.32 of the Revised Code shall | 59242 |
| include
payments to | 59243 |
| the percentage of the per resident per day rates that the | 59244 |
| department of job and family services has established for the | 59245 |
| provider's nursing facility or intermediate care facility for the | 59246 |
| mentally retarded under sections | 59247 |
| 5111.33 of the Revised Code for the fiscal year for which the cost | 59248 |
| of services is reimbursed, to reserve a bed for a recipient during | 59249 |
| a temporary absence under conditions prescribed by the department, | 59250 |
| to include hospitalization for an acute condition, visits with | 59251 |
| relatives and friends, and participation in therapeutic programs | 59252 |
| outside the facility, when the resident's plan of care provides | 59253 |
| for such absence and federal participation in the payments is | 59254 |
| available. The maximum period during which payments may be made to | 59255 |
| reserve a bed shall not exceed the maximum period specified under | 59256 |
| federal regulations, and shall not be more than thirty days during | 59257 |
| any calendar year for hospital stays, visits with relatives and | 59258 |
| friends, and participation in therapeutic programs. Recipients who | 59259 |
| have been identified by the department as requiring the level of | 59260 |
| care of an intermediate care facility for the mentally retarded | 59261 |
| shall not be subject to a maximum period during which payments may | 59262 |
| be made to reserve a bed if prior authorization of the department | 59263 |
| is obtained for hospital stays, visits with relatives and friends, | 59264 |
| and participation in therapeutic programs. The director of job and | 59265 |
| family
services shall adopt rules under
| 59266 |
| 5111.02 of the Revised Code establishing conditions under which | 59267 |
| prior authorization may be obtained. | 59268 |
| Sec. 5111.62. The proceeds of all fines, including interest, | 59269 |
| collected under sections 5111.35 to 5111.62 of the Revised Code | 59270 |
| shall be deposited in the state treasury to the credit of the | 59271 |
| residents protection fund, which is hereby created.
| 59272 |
| proceeds of all fines, including interest, collected under section | 59273 |
| 173.42 of the Revised Code shall be deposited in the state | 59274 |
| treasury to the credit of the residents protection fund. | 59275 |
| Moneys in the fund shall be used for the protection of the | 59276 |
| health or property of residents of nursing facilities in which the | 59277 |
| department of health finds deficiencies, including payment for the | 59278 |
| costs of relocation of residents to other facilities, maintenance | 59279 |
| of operation of a facility pending correction of deficiencies or | 59280 |
| closure, and reimbursement of residents for the loss of money | 59281 |
| managed by the facility under section 3721.15 of the Revised Code. | 59282 |
| 59283 |
| The fund shall be maintained and administered by the | 59284 |
| department of job and family services under rules developed in | 59285 |
| consultation with the departments of health and aging and adopted | 59286 |
| by the director of job and family services under Chapter 119. of | 59287 |
| the Revised Code. | 59288 |
| Sec. 5111.65. As used in sections 5111.65 to 5111.688 of the | 59289 |
| Revised Code: | 59290 |
| (A) "Change of operator" means an entering operator becoming | 59291 |
| the operator of a nursing facility or intermediate care facility | 59292 |
| for the mentally retarded in the place of the exiting operator. | 59293 |
| (1) Actions that constitute a change of operator include the | 59294 |
| following: | 59295 |
| (a) A change in an exiting operator's form of legal | 59296 |
| organization, including the formation of a partnership or | 59297 |
| corporation from a sole proprietorship; | 59298 |
| (b) A transfer of all the exiting operator's ownership | 59299 |
| interest in the operation of the facility to the entering | 59300 |
| operator, regardless of whether ownership of any or all of the | 59301 |
| real property or personal property associated with the facility is | 59302 |
| also transferred; | 59303 |
| (c) A lease of the facility to the entering operator or the | 59304 |
| exiting operator's termination of the exiting operator's lease; | 59305 |
| (d) If the exiting operator is a partnership, dissolution of | 59306 |
| the partnership; | 59307 |
| (e) If the exiting operator is a partnership, a change in | 59308 |
| composition of the partnership unless both of the following apply: | 59309 |
| (i) The change in composition does not cause the | 59310 |
| partnership's dissolution under state law. | 59311 |
| (ii) The partners agree that the change in composition does | 59312 |
| not constitute a change in operator. | 59313 |
| (f) If the operator is a corporation, dissolution of the | 59314 |
| corporation, a merger of the corporation into another corporation | 59315 |
| that is the survivor of the merger, or a consolidation of one or | 59316 |
| more other corporations to form a new corporation. | 59317 |
| (2) The following, alone, do not constitute a change of | 59318 |
| operator: | 59319 |
| (a) A contract for an entity to manage a nursing facility or | 59320 |
| intermediate care facility for the mentally retarded as the | 59321 |
| operator's agent, subject to the operator's approval of daily | 59322 |
| operating and management decisions; | 59323 |
| (b) A change of ownership, lease, or termination of a lease | 59324 |
| of real property or personal property associated with a nursing | 59325 |
| facility or intermediate care facility for the mentally retarded | 59326 |
| if an entering operator does not become the operator in place of | 59327 |
| an exiting operator; | 59328 |
| (c) If the operator is a corporation, a change of one or more | 59329 |
| members of the corporation's governing body or transfer of | 59330 |
| ownership of one or more shares of the corporation's stock, if the | 59331 |
| same corporation continues to be the operator. | 59332 |
| (B) "Effective date of a change of operator" means the day | 59333 |
| the entering operator becomes the operator of the nursing facility | 59334 |
| or intermediate care facility for the mentally retarded. | 59335 |
| (C) "Effective date of a facility closure" means the last day | 59336 |
| that the last of the residents of the nursing facility or | 59337 |
| intermediate care facility for the mentally retarded resides in | 59338 |
| the facility. | 59339 |
| (D) "Effective date of a voluntary termination" means the day | 59340 |
| the intermediate care facility for the mentally retarded ceases to | 59341 |
| accept medicaid patients. | 59342 |
| (E) "Effective date of a voluntary withdrawal of | 59343 |
| participation" means the day the nursing facility ceases to accept | 59344 |
| new medicaid patients other than the individuals who reside in the | 59345 |
| nursing facility on the day before the effective date of the | 59346 |
| voluntary withdrawal of participation. | 59347 |
| (F) "Entering operator" means the person or government entity | 59348 |
| that will become the operator of a nursing facility or | 59349 |
| intermediate care facility for the mentally retarded when a change | 59350 |
| of operator occurs. | 59351 |
| (G) "Exiting operator" means any of the following: | 59352 |
| (1) An operator that will cease to be the operator of a | 59353 |
| nursing facility or intermediate care facility for the mentally | 59354 |
| retarded on the effective date of a change of operator; | 59355 |
| (2) An operator that will cease to be the operator of a | 59356 |
| nursing facility or intermediate care facility for the mentally | 59357 |
| retarded on the effective date of a facility closure; | 59358 |
| (3) An operator of an intermediate care facility for the | 59359 |
| mentally retarded that is undergoing or has undergone a voluntary | 59360 |
| termination; | 59361 |
| (4) An operator of a nursing facility that is undergoing or | 59362 |
| has undergone a voluntary withdrawal of participation. | 59363 |
| (H)(1) "Facility closure" means discontinuance of the use of | 59364 |
| the building, or part of the building, that houses the facility as | 59365 |
| a nursing facility or intermediate care facility for the mentally | 59366 |
| retarded that results in the relocation of all of the facility's | 59367 |
| residents. A facility closure occurs regardless of any of the | 59368 |
| following: | 59369 |
| (a) The operator completely or partially replacing the | 59370 |
| facility by constructing a new facility or transferring the | 59371 |
| facility's license to another facility; | 59372 |
| (b) The facility's residents relocating to another of the | 59373 |
| operator's facilities; | 59374 |
| (c) Any action the department of health takes regarding the | 59375 |
| facility's certification under Title XIX of the "Social Security | 59376 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as amended, that may | 59377 |
| result in the transfer of part of the facility's survey findings | 59378 |
| to another of the operator's facilities; | 59379 |
| (d) Any action the department of health takes regarding the | 59380 |
| facility's license under Chapter 3721. of the Revised Code; | 59381 |
| (e) Any action the department of mental retardation and | 59382 |
| developmental disabilities takes regarding the facility's license | 59383 |
| under section 5123.19 of the Revised Code. | 59384 |
| (2) A facility closure does not occur if all of the | 59385 |
| facility's residents are relocated due to an emergency evacuation | 59386 |
| and one or more of the residents return to a medicaid-certified | 59387 |
| bed in the facility not later than thirty days after the | 59388 |
| evacuation occurs. | 59389 |
| (I) "Fiscal year," "intermediate care facility for the | 59390 |
| mentally retarded," "nursing facility," "operator," "owner," and | 59391 |
| "provider agreement" have the same meanings as in section 5111.20 | 59392 |
| of the Revised Code. | 59393 |
| (J) "Voluntary termination" means an operator's voluntary | 59394 |
| election to terminate the participation of an intermediate care | 59395 |
| facility for the mentally retarded in the medicaid program but to | 59396 |
| continue to provide service of the type provided by a residential | 59397 |
| facility as defined in section 5123.19 of the Revised Code. | 59398 |
| (K) "Voluntary withdrawal of participation" means an | 59399 |
| operator's voluntary election to terminate the participation of a | 59400 |
| nursing facility in the medicaid program but to continue to | 59401 |
| provide service of the type provided by a nursing facility. | 59402 |
| Sec. 5111.651. Sections 5111.65 to 5111.688 of the Revised | 59403 |
| Code do not apply to a nursing facility or intermediate care | 59404 |
| facility for the mentally retarded that undergoes a facility | 59405 |
| closure, voluntary termination, voluntary withdrawal of | 59406 |
| participation, or change of operator on or before September 30, | 59407 |
| 2005, if the exiting operator provided written notice of the | 59408 |
| facility closure, voluntary termination, voluntary withdrawal of | 59409 |
| participation, or change of operator to the department of job and | 59410 |
| family services on or before June 30, 2005. | 59411 |
| Sec. 5111.66. An exiting operator or owner of a nursing | 59412 |
| facility or intermediate care facility for the mentally retarded | 59413 |
| participating in the medicaid program shall provide the department | 59414 |
| of job and family services written notice of a facility closure, | 59415 |
| voluntary termination, or voluntary withdrawal of participation | 59416 |
| not less than ninety days before the effective date of the | 59417 |
| facility closure, voluntary termination, or voluntary withdrawal | 59418 |
| of participation. The written notice shall include all of the | 59419 |
| following: | 59420 |
| (A) The name of the exiting operator and, if any, the exiting | 59421 |
| operator's authorized agent; | 59422 |
| (B) The name of the nursing facility or intermediate care | 59423 |
| facility for the mentally retarded that is the subject of the | 59424 |
| written notice; | 59425 |
| (C) The exiting operator's medicaid provider agreement number | 59426 |
| for the facility that is the subject of the written notice; | 59427 |
| (D) The effective date of the facility closure, voluntary | 59428 |
| termination, or voluntary withdrawal of participation; | 59429 |
| (E) The signature of the exiting operator's or owner's | 59430 |
| representative. | 59431 |
| Sec. 5111.661. An operator shall comply with section | 59432 |
| 1919(c)(2)(F) of the "Social Security Act," 79 Stat. 286 (1965), | 59433 |
| 42 U.S.C. 1396r(c)(2)(F) if the operator's nursing facility | 59434 |
| undergoes a voluntary withdrawal of participation. | 59435 |
| Sec. 5111.67. (A) An exiting operator or owner and entering | 59436 |
| operator shall provide the department of job and family services | 59437 |
| written notice of a change of operator if the nursing facility or | 59438 |
| intermediate care facility for the mentally retarded participates | 59439 |
| in the medicaid program and the entering operator seeks to | 59440 |
| continue the facility's participation. The written notice shall be | 59441 |
| provided to the department not later than forty-five days before | 59442 |
| the effective date of the change of operator if the change of | 59443 |
| operator does not entail the relocation of residents. The written | 59444 |
| notice shall be provided to the department not later than ninety | 59445 |
| days before the effective date of the change of operator if the | 59446 |
| change of operator entails the relocation of residents. The | 59447 |
| written notice shall include all of the following: | 59448 |
| (1) The name of the exiting operator and, if any, the exiting | 59449 |
| operator's authorized agent; | 59450 |
| (2) The name of the nursing facility or intermediate care | 59451 |
| facility for the mentally retarded that is the subject of the | 59452 |
| change of operator; | 59453 |
| (3) The exiting operator's medicaid provider agreement number | 59454 |
| for the facility that is the subject of the change of operator; | 59455 |
| (4) The name of the entering operator; | 59456 |
| (5) The effective date of the change of operator; | 59457 |
| (6) The manner in which the entering operator becomes the | 59458 |
| facility's operator, including through sale, lease, merger, or | 59459 |
| other action; | 59460 |
| (7) If the manner in which the entering operator becomes the | 59461 |
| facility's operator involves more than one step, a description of | 59462 |
| each step; | 59463 |
| (8) Written authorization from the exiting operator or owner | 59464 |
| and entering operator for the department to process a provider | 59465 |
| agreement for the entering operator; | 59466 |
| (9) The signature of the exiting operator's or owner's | 59467 |
| representative. | 59468 |
| (B) The entering operator shall include a completed | 59469 |
| application for a provider agreement with the written notice to | 59470 |
| the department. The entering operator shall attach to the | 59471 |
| application the following: | 59472 |
| (1) If the written notice is provided to the department | 59473 |
| before the date the exiting operator or owner and entering | 59474 |
| operator complete the transaction for the change of operator, all | 59475 |
| the proposed leases, management agreements, merger agreements and | 59476 |
| supporting documents, and sales contracts and supporting documents | 59477 |
| relating to the facility's change of operator; | 59478 |
| (2) If the written notice is provided to the department on or | 59479 |
| after the date the exiting operator or owner and entering operator | 59480 |
| complete the transaction for the change of operator, copies of all | 59481 |
| the executed leases, management agreements, merger agreements and | 59482 |
| supporting documents, and sales contracts and supporting documents | 59483 |
| relating to the facility's change of operator. | 59484 |
| Sec. 5111.671. The department of job and family services may | 59485 |
| enter into a provider agreement with an entering operator that | 59486 |
| goes into effect at 12:01 a.m. on the effective date of the change | 59487 |
| of operator if all of the following requirements are met: | 59488 |
| (A) The department receives a properly completed written | 59489 |
| notice required by section 5111.67 of the Revised Code on or | 59490 |
| before the date required by that section. | 59491 |
| (B) The entering operator furnishes to the department copies | 59492 |
| of all the fully executed leases, management agreements, merger | 59493 |
| agreements and supporting documents, and sales contracts and | 59494 |
| supporting documents relating to the change of operator not later | 59495 |
| than ten days after the effective date of the change of operator. | 59496 |
| (C) The entering operator is eligible for medicaid payments | 59497 |
| as provided in section 5111.21 of the Revised Code. | 59498 |
| Sec. 5111.672. (A) The department of job and family services | 59499 |
| may enter into a provider agreement with an entering operator that | 59500 |
| goes into effect at 12:01 a.m. on the date determined under | 59501 |
| division (B) of this section if all of the following are the case: | 59502 |
| (1) The department receives a properly completed written | 59503 |
| notice required by section 5111.67 of the Revised Code. | 59504 |
| (2) The entering operator furnishes to the department copies | 59505 |
| of all the fully executed leases, management agreements, merger | 59506 |
| agreements and supporting documents, and sales contracts and | 59507 |
| supporting documents relating to the change of operator. | 59508 |
| (3) The requirement of division (A)(1) of this section is met | 59509 |
| after the time required by section 5111.67 of the Revised Code, | 59510 |
| the requirement of division (A)(2) of this section is met more | 59511 |
| than ten days after the effective date of the change of operator, | 59512 |
| or both. | 59513 |
| (4) The entering operator is eligible for medicaid payments | 59514 |
| as provided in section 5111.21 of the Revised Code. | 59515 |
| (B) The department shall determine the date a provider | 59516 |
| agreement entered into under this section is to go into effect as | 59517 |
| follows: | 59518 |
| (1) The effective date shall give the department sufficient | 59519 |
| time to process the change of operator, assure no duplicate | 59520 |
| payments are made, make the withholding required by section | 59521 |
| 5111.681 of the Revised Code, and withhold the final payment to | 59522 |
| the exiting operator until one hundred eighty days after either of | 59523 |
| the following: | 59524 |
| (a) The date that the exiting operator submits to the | 59525 |
| department a properly completed cost report under section 5111.682 | 59526 |
| of the Revised Code; | 59527 |
| (b) The date that the department waives the cost report | 59528 |
| requirement of section 5111.682 of the Revised Code. | 59529 |
| (2) The effective date shall be not earlier than the later of | 59530 |
| the effective date of the change of operator or the date that the | 59531 |
| exiting operator or owner and entering operator comply with | 59532 |
| section 5111.67 of the Revised Code. | 59533 |
| (3) The effective date shall be not later than the following | 59534 |
| after the later of the dates specified in division (B)(2) of this | 59535 |
| section: | 59536 |
| (a) Forty-five days if the change of operator does not entail | 59537 |
| the relocation of residents; | 59538 |
| (b) Ninety days if the change of operator entails the | 59539 |
| relocation of residents. | 59540 |
| Sec. 5111.673. A provider that enters into a provider | 59541 |
| agreement with the department of job and family services under | 59542 |
| section 5111.671 or 5111.672 of the Revised Code shall do all of | 59543 |
| the following: | 59544 |
| (A) Comply with all applicable federal statutes and | 59545 |
| regulations; | 59546 |
| (B) Comply with section 5111.22 of the Revised Code and all | 59547 |
| other applicable state statutes and rules; | 59548 |
| (C) Comply with all the terms and conditions of the exiting | 59549 |
| operator's provider agreement, including, but not limited to, all | 59550 |
| of the following: | 59551 |
| (1) Any plan of correction; | 59552 |
| (2) Compliance with health and safety standards; | 59553 |
| (3) Compliance with the ownership and financial interest | 59554 |
| disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3; | 59555 |
| (4) Compliance with the civil rights requirements of 45 | 59556 |
| C.F.R. parts 80, 84, and 90; | 59557 |
| (5) Compliance with additional requirements imposed by the | 59558 |
| department; | 59559 |
| (6) Any sanctions relating to remedies for violation of the | 59560 |
| provider agreement, including deficiencies, compliance periods, | 59561 |
| accountability periods, monetary penalties, notification for | 59562 |
| correction of contract violations, and history of deficiencies. | 59563 |
| Sec. 5111.674. In the case of a change of operator, the | 59564 |
| exiting operator shall be considered to be the operator of the | 59565 |
| nursing facility or intermediate care facility for the mentally | 59566 |
| retarded for purposes of the medicaid program, including medicaid | 59567 |
| payments, until the effective date of the entering operator's | 59568 |
| provider agreement if the provider agreement is entered into under | 59569 |
| section 5111.671 or 5111.672 of the Revised Code. | 59570 |
| Sec. 5111.675. The department of job and family services may | 59571 |
| enter into a provider agreement as provided in section 5111.22 of | 59572 |
| the Revised Code, rather than section 5111.671 or 5111.672 of the | 59573 |
| Revised Code, with an entering operator if the entering operator | 59574 |
| does not agree to a provider agreement that satisfies the | 59575 |
| requirements of division (C) of section 5111.673 of the Revised | 59576 |
| Code. The department may not enter into the provider agreement | 59577 |
| unless the department of health certifies the nursing facility or | 59578 |
| intermediate care facility for the mentally retarded under Title | 59579 |
| XIX of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. | 59580 |
| 1396, as amended. The effective date of the provider agreement | 59581 |
| shall not precede any of the following: | 59582 |
| (A) The date that the department of health certifies the | 59583 |
| facility; | 59584 |
| (B) The effective date of the change of operator; | 59585 |
| (C) The date the requirement of section 5111.67 of the | 59586 |
| Revised Code is satisfied. | 59587 |
| Sec. 5111.676. The director of job and family services may | 59588 |
| adopt rules in accordance with Chapter 119. of the Revised Code | 59589 |
| governing adjustments to the medicaid reimbursement rate for a | 59590 |
| nursing facility or intermediate care facility for the mentally | 59591 |
| retarded that undergoes a change of operator. No rate adjustment | 59592 |
| resulting from a change of operator shall be effective before the | 59593 |
| effective date of the entering operator's provider agreement. This | 59594 |
| is the case regardless of whether the provider agreement is | 59595 |
| entered into under section 5111.671, section 5111.672, or, | 59596 |
| pursuant to section 5111.675, section 5111.22 of the Revised Code. | 59597 |
| Sec. 5111.677. Neither of the following shall affect the | 59598 |
| department of job and family services' determination of whether or | 59599 |
| when a change of operator occurs or the effective date of an | 59600 |
| entering operator's provider agreement under section 5111.671, | 59601 |
| section 5111.672, or, pursuant to section 5111.675, section | 59602 |
| 5111.22 of the Revised Code: | 59603 |
| (A) The department of health's determination that a change of | 59604 |
| operator has or has not occurred for purposes of licensure under | 59605 |
| Chapter 3721. of the Revised Code; | 59606 |
| (B) The department of mental retardation and developmental | 59607 |
| disabilities' determination that a change of operator has or has | 59608 |
| not occurred for purposes of licensure under section 5123.19 of | 59609 |
| the Revised Code. | 59610 |
| Sec. 5111.68. (A) On receipt of a written notice under | 59611 |
| section 5111.66 of the Revised Code of a facility closure, | 59612 |
| voluntary termination, or voluntary withdrawal of participation or | 59613 |
| a written notice under section 5111.67 of the Revised Code of a | 59614 |
| change of operator, the department of job and family services | 59615 |
| shall determine the amount of any overpayments made under the | 59616 |
| medicaid program to the exiting operator, including overpayments | 59617 |
| the exiting operator disputes, and other actual and potential | 59618 |
| debts the exiting operator owes or may owe to the department and | 59619 |
| United States centers for medicare and medicaid services under the | 59620 |
| medicaid program. In determining the exiting operator's other | 59621 |
| actual and potential debts to the department under the medicaid | 59622 |
| program, the department shall include all of the following that | 59623 |
| the department determines is applicable: | 59624 |
| (1) Refunds due the department under section 5111.27 of the | 59625 |
| Revised Code; | 59626 |
| (2) Interest owed to the department and United States centers | 59627 |
| for medicare and medicaid services; | 59628 |
| (3) Final civil monetary and other penalties for which all | 59629 |
| right of appeal has been exhausted; | 59630 |
| (4) Money owed the department and United States centers for | 59631 |
| medicare and medicaid services from any outstanding final fiscal | 59632 |
| audit, including a final fiscal audit for the last fiscal year or | 59633 |
| portion thereof in which the exiting operator participated in the | 59634 |
| medicaid program. | 59635 |
| (B) If the department is unable to determine the amount of | 59636 |
| the overpayments and other debts for any period before the | 59637 |
| effective date of the entering operator's provider agreement or | 59638 |
| the effective date of the facility closure, voluntary termination, | 59639 |
| or voluntary withdrawal of participation, the department shall | 59640 |
| make a reasonable estimate of the overpayments and other debts for | 59641 |
| the period. The department shall make the estimate using | 59642 |
| information available to the department, including prior | 59643 |
| determinations of overpayments and other debts. | 59644 |
| Sec. 5111.681. (A) Except as provided in division (B) of this | 59645 |
| section, the department of job and family services shall withhold | 59646 |
| the greater of the following from payment due an exiting operator | 59647 |
| under the medicaid program: | 59648 |
| (1) The total amount of any overpayments made under the | 59649 |
| medicaid program to the exiting operator, including overpayments | 59650 |
| the exiting operator disputes, and other actual and potential | 59651 |
| debts, including any unpaid penalties, the exiting operator owes | 59652 |
| or may owe to the department and United States centers for | 59653 |
| medicare and medicaid services under the medicaid program; | 59654 |
| (2) An amount equal to the average amount of monthly payments | 59655 |
| to the exiting operator under the medicaid program for the | 59656 |
| twelve-month period immediately preceding the month that includes | 59657 |
| the last day the exiting operator's provider agreement is in | 59658 |
| effect or, in the case of a voluntary withdrawal of participation, | 59659 |
| the effective date of the voluntary withdrawal of participation. | 59660 |
| (B) The department may choose not to make the withholding | 59661 |
| under division (A) of this section if an entering operator does | 59662 |
| both of the following: | 59663 |
| (1) Enters into a nontransferable, unconditional, written | 59664 |
| agreement with the department to pay the department any debt the | 59665 |
| exiting operator owes the department under the medicaid program; | 59666 |
| (2) Provides the department a copy of the entering operator's | 59667 |
| balance sheet that assists the department in determining whether | 59668 |
| to make the withholding under division (A) of this section. | 59669 |
| Sec. 5111.682. (A) Except as provided in division (B) of this | 59670 |
| section, an exiting operator shall file with the department of job | 59671 |
| and family services a cost report not later than ninety days after | 59672 |
| the last day the exiting operator's provider agreement is in | 59673 |
| effect or, in the case of a voluntary withdrawal of participation, | 59674 |
| the effective date of the voluntary withdrawal of participation. | 59675 |
| The cost report shall cover the period that begins with the day | 59676 |
| after the last day covered by the operator's most recent previous | 59677 |
| cost report required by section 5111.26 of the Revised Code and | 59678 |
| ends on the last day the exiting operator's provider agreement is | 59679 |
| in effect or, in the case of a voluntary withdrawal of | 59680 |
| participation, the effective date of the voluntary withdrawal of | 59681 |
| participation. The cost report shall include, as applicable, all | 59682 |
| of the following: | 59683 |
| (1) The sale price of the nursing facility or intermediate | 59684 |
| care facility for the mentally retarded; | 59685 |
| (2) A final depreciation schedule that shows which assets are | 59686 |
| transferred to the buyer and which assets are not transferred to | 59687 |
| the buyer; | 59688 |
| (3) Any other information the department requires. | 59689 |
| (B) The department, at its sole discretion, may waive the | 59690 |
| requirement that an exiting operator file a cost report in | 59691 |
| accordance with division (A) of this section. | 59692 |
| Sec. 5111.683. If an exiting operator required by section | 59693 |
| 5111.682 of the Revised Code to file a cost report with the | 59694 |
| department of job and family services fails to file the cost | 59695 |
| report in accordance with that section, all payments under the | 59696 |
| medicaid program for the period the cost report is required to | 59697 |
| cover are deemed overpayments until the date the department | 59698 |
| receives the properly completed cost report. The department may | 59699 |
| impose on the exiting operator a penalty of one hundred dollars | 59700 |
| for each calendar day the properly completed cost report is late. | 59701 |
| Sec. 5111.684. The department of job and family services may | 59702 |
| not provide an exiting operator final payment under the medicaid | 59703 |
| program until the department receives all properly completed cost | 59704 |
| reports the exiting operator is required to file under sections | 59705 |
| 5111.26 and 5111.682 of the Revised Code. | 59706 |
| Sec. 5111.685. The department of job and family services | 59707 |
| shall determine the actual amount of debt an exiting operator owes | 59708 |
| the department under the medicaid program by completing all final | 59709 |
| fiscal audits not already completed and performing all other | 59710 |
| appropriate actions the department determines to be necessary. The | 59711 |
| department shall issue a debt summary report on this matter not | 59712 |
| later than one hundred eighty days after the date the exiting | 59713 |
| operator files the properly completed cost report required by | 59714 |
| section 5111.682 of the Revised Code with the department or, if | 59715 |
| the department waives the cost report requirement for the exiting | 59716 |
| operator, one hundred eighty days after the date the department | 59717 |
| waives the cost report requirement. The report shall include the | 59718 |
| department's findings and the amount of debt the department | 59719 |
| determines the exiting operator owes the department and United | 59720 |
| States centers for medicare and medicaid services under the | 59721 |
| medicaid program. Only the parts of the report that are subject to | 59722 |
| an adjudication as specified in section 5111.30 of the Revised | 59723 |
| Code are subject to an adjudication conducted in accordance with | 59724 |
| Chapter 119. of the Revised Code. | 59725 |
| Sec. 5111.686. The department of job and family services | 59726 |
| shall release the actual amount withheld under division (A) of | 59727 |
| section 5111.681 of the Revised Code, less any amount the exiting | 59728 |
| operator owes the department and United States centers for | 59729 |
| medicare and medicaid services under the medicaid program, as | 59730 |
| follows: | 59731 |
| (A) One hundred eighty-one days after the date the exiting | 59732 |
| operator files a properly completed cost report required by | 59733 |
| section 5111.682 of the Revised Code unless the department issues | 59734 |
| the report required by section 5111.685 of the Revised Code not | 59735 |
| later than one hundred eighty days after the date the exiting | 59736 |
| operator files the properly completed cost report; | 59737 |
| (B) Not later than sixty days after the exiting operator | 59738 |
| agrees to a final fiscal audit resulting from the report required | 59739 |
| by section 5111.685 of the Revised Code if the department issues | 59740 |
| the report not later than one hundred eighty days after the date | 59741 |
| the exiting operator files a properly completed cost report | 59742 |
| required by section 5111.682 of the Revised Code; | 59743 |
| (C) One hundred eighty-one days after the date the department | 59744 |
| waives the cost report requirement of section 5111.682 of the | 59745 |
| Revised Code unless the department issues the report required by | 59746 |
| section 5111.685 of the Revised Code not later than one hundred | 59747 |
| eighty days after the date the department waives the cost report | 59748 |
| requirement; | 59749 |
| (D) Not later than sixty days after the exiting operator | 59750 |
| agrees to a final fiscal audit resulting from the report required | 59751 |
| by section 5111.685 of the Revised Code if the department issues | 59752 |
| the report not later than one hundred eighty days after the date | 59753 |
| the department waives the cost report requirement of section | 59754 |
| 5111.682 of the Revised Code. | 59755 |
| Sec. 5111.687. The department of job and family services, at | 59756 |
| its sole discretion, may release the amount withheld under | 59757 |
| division (A) of section 5111.681 of the Revised Code if the | 59758 |
| exiting operator submits to the department written notice of a | 59759 |
| postponement of a change of operator, facility closure, voluntary | 59760 |
| termination, or voluntary withdrawal of participation and the | 59761 |
| transactions leading to the change of operator, facility closure, | 59762 |
| voluntary termination, or voluntary withdrawal of participation | 59763 |
| are postponed for at least thirty days but less than ninety days | 59764 |
| after the date originally proposed for the change of operator, | 59765 |
| facility closure, voluntary termination, or voluntary withdrawal | 59766 |
| of participation as reported in the written notice required by | 59767 |
| section 5111.66 or 5111.67 of the Revised Code. The department | 59768 |
| shall release the amount withheld if the exiting operator submits | 59769 |
| to the department written notice of a cancellation or postponement | 59770 |
| of a change of operator, facility closure, voluntary termination, | 59771 |
| or voluntary withdrawal of participation and the transactions | 59772 |
| leading to the change of operator, facility closure, voluntary | 59773 |
| termination, or voluntary withdrawal of participation are canceled | 59774 |
| or postponed for more than ninety days after the date originally | 59775 |
| proposed for the change of operator, facility closure, voluntary | 59776 |
| termination, or voluntary withdrawal of participation as reported | 59777 |
| in the written notice required by section 5111.66 or 5111.67 of | 59778 |
| the Revised Code. | 59779 |
| After the department receives a written notice regarding a | 59780 |
| cancellation or postponement of a facility closure, voluntary | 59781 |
| termination, or voluntary withdrawal of participation, the exiting | 59782 |
| operator or owner shall provide new written notice to the | 59783 |
| department under section 5111.66 of the Revised Code regarding any | 59784 |
| transactions leading to a facility closure, voluntary termination, | 59785 |
| or voluntary withdrawal of participation at a future time. After | 59786 |
| the department receives a written notice regarding a cancellation | 59787 |
| or postponement of a change of operator, the exiting operator or | 59788 |
| owner and entering operator shall provide new written notice to | 59789 |
| the department under section 5111.67 of the Revised Code regarding | 59790 |
| any transactions leading to a change of operator at a future time. | 59791 |
| Sec. 5111.688. The director of job and family services may | 59792 |
| adopt rules under section 5111.02 of the Revised Code to implement | 59793 |
| sections 5111.65 to 5111.688 of the Revised Code, including rules | 59794 |
| applicable to an exiting operator that provides written | 59795 |
| notification under section 5111.66 of the Revised Code of a | 59796 |
| voluntary withdrawal of participation. Rules adopted under this | 59797 |
| section shall comply with section 1919(c)(2)(F) of the "Social | 59798 |
| Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396r(c)(2)(F), | 59799 |
| regarding restrictions on transfers or discharges of nursing | 59800 |
| facility residents in the case of a voluntary withdrawal of | 59801 |
| participation. The rules may prescribe a medicaid reimbursement | 59802 |
| methodology and other procedures that are applicable after the | 59803 |
| effective date of a voluntary withdrawal of participation that | 59804 |
| differ from the reimbursement methodology and other procedures | 59805 |
| that would otherwise apply. | 59806 |
| Sec. 5111.85. (A) As used in this section and sections | 59807 |
| 5111.851 to 5111.856 of the Revised Code, "medicaid waiver | 59808 |
| component" means a component of the medicaid program authorized by | 59809 |
| a waiver granted by the United States department of health and | 59810 |
| human services under section 1115 or 1915 of the "Social Security | 59811 |
| Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1315 or 1396n. "Medicaid | 59812 |
| waiver component" does not include a care management system | 59813 |
| established under section 5111.16 of the Revised Code. | 59814 |
| (B) The director of job and family services may adopt rules | 59815 |
| under Chapter 119. of the Revised Code governing medicaid waiver | 59816 |
| components that establish all of the following: | 59817 |
| (1) Eligibility requirements for the medicaid waiver | 59818 |
| components; | 59819 |
| (2) The type, amount, duration, and scope of services the | 59820 |
| medicaid waiver components provide; | 59821 |
| (3) The conditions under which the medicaid waiver components | 59822 |
| cover services; | 59823 |
| (4) The amount the medicaid waiver components pay for | 59824 |
| services or the method by which the amount is determined; | 59825 |
| (5) The manner in which the medicaid waiver components pay | 59826 |
| for services; | 59827 |
| (6) Safeguards for the health and welfare of medicaid | 59828 |
| recipients receiving services under a medicaid waiver component; | 59829 |
| (7) Procedures for enforcing the rules, including | 59830 |
| establishing corrective action plans for, and imposing financial | 59831 |
| and administrative sanctions on, persons and government entities | 59832 |
| that violate the rules. Sanctions shall include terminating | 59833 |
| medicaid provider agreements. The procedures shall include due | 59834 |
| process protections. | 59835 |
| (8) Other policies necessary for the efficient administration | 59836 |
| of the medicaid waiver components. | 59837 |
| (C) The director of job and family services may adopt | 59838 |
| different rules for the different medicaid waiver components. The | 59839 |
| rules shall be consistent with the terms of the waiver authorizing | 59840 |
| the medicaid waiver component. | 59841 |
| | 59842 |
| 59843 | |
| 59844 | |
| 59845 | |
| 59846 | |
| 59847 | |
| 59848 | |
| 59849 | |
| 59850 | |
| 59851 | |
| 59852 |
| Sec. 5111.851. (A) As used in sections 5111.851 to 5111.855 | 59853 |
| of the Revised Code: | 59854 |
| "Administrative agency" means, with respect to a home and | 59855 |
| community-based services medicaid waiver component, the department | 59856 |
| of job and family services or, if a state agency or political | 59857 |
| subdivision contracts with the department under section 5111.91 of | 59858 |
| the Revised Code to administer the component, that state agency or | 59859 |
| political subdivision. | 59860 |
| "Home and community-based services medicaid waiver component" | 59861 |
| means a medicaid waiver component under which home and | 59862 |
| community-based services are provided as an alternative to | 59863 |
| hospital, nursing facility, or intermediate care facility for the | 59864 |
| mentally retarded services. | 59865 |
| "Hospital" has the same meaning as in section 3727.01 of the | 59866 |
| Revised Code. | 59867 |
| "Intermediate care facility for the mentally retarded" has | 59868 |
| the same meaning as in section 5111.20 of the Revised Code. | 59869 |
| "Level of care determination" means a determination of | 59870 |
| whether an individual needs the level of care provided by a | 59871 |
| hospital, nursing facility, or intermediate care facility for the | 59872 |
| mentally retarded and whether the individual, if determined to | 59873 |
| need that level of care, would receive hospital, nursing facility, | 59874 |
| or intermediate care facility for the mentally retarded services | 59875 |
| if not for a home and community-based services medicaid waiver | 59876 |
| component. | 59877 |
| "Nursing facility" has the same meaning as in section 5111.20 | 59878 |
| of the Revised Code. | 59879 |
| "Skilled nursing facility" means a facility certified as a | 59880 |
| skilled nursing facility under Title XVIII of the "Social Security | 59881 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended. | 59882 |
| (B) The following requirements apply to each home and | 59883 |
| community-based services medicaid waiver component: | 59884 |
| (1) Only an individual who qualifies for a component shall | 59885 |
| receive that component's services. | 59886 |
| (2) A level of care determination shall be made as part of | 59887 |
| the process of determining whether an individual qualifies for a | 59888 |
| component and shall be made each year after the initial | 59889 |
| determination if, during such a subsequent year, the | 59890 |
| administrative agency determines there is a reasonable indication | 59891 |
| that the individual's needs have changed. | 59892 |
| (3) A written plan of care or individual service plan based | 59893 |
| on an individual assessment of the services that an individual | 59894 |
| needs to avoid needing admission to a hospital, nursing facility, | 59895 |
| or intermediate care facility for the mentally retarded shall be | 59896 |
| created for each individual determined eligible for a component. | 59897 |
| (4) Each individual determined eligible for a component shall | 59898 |
| receive that component's services in accordance with the | 59899 |
| individual's level of care determination and written plan of care | 59900 |
| or individual service plan. | 59901 |
| (5) No individual may receive services under a component | 59902 |
| while the individual is a hospital inpatient or resident of a | 59903 |
| skilled nursing facility, nursing facility, or intermediate care | 59904 |
| facility for the mentally retarded. | 59905 |
| (6) No individual may receive prevocational, educational, or | 59906 |
| supported employment services under a component if the individual | 59907 |
| is eligible for such services that are funded with federal funds | 59908 |
| provided under 29 U.S.C. 730 or the "Individuals with Disabilities | 59909 |
| Education Act," 111 Stat. 37 (1997), 20 U.S.C. 1400, as amended. | 59910 |
| (7) Safeguards shall be taken to protect the health and | 59911 |
| welfare of individuals receiving services under a component, | 59912 |
| including safeguards established in rules adopted under section | 59913 |
| 5111.85 of the Revised Code and safeguards established by | 59914 |
| licensing and certification requirements that are applicable to | 59915 |
| the providers of that component's services. | 59916 |
| (8) No services may be provided under a component by a | 59917 |
| provider that is subject to standards that 42 U.S.C. 1382e(e)(1) | 59918 |
| requires be established if the provider fails to comply with the | 59919 |
| standards applicable to the provider. | 59920 |
| (9) Individuals determined to be eligible for a component, or | 59921 |
| such individuals' representatives, shall be informed of that | 59922 |
| component's services, including any choices that the individual or | 59923 |
| representative may make regarding the component's services, and | 59924 |
| given the choice of either receiving services under that component | 59925 |
| or, as appropriate, hospital, nursing facility, or intermediate | 59926 |
| care facility for the mentally retarded services. | 59927 |
| Sec. 5111.852. The department of job and family services may | 59928 |
| review and approve, modify, or deny written plans of care and | 59929 |
| individual service plans that section 5111.851 of the Revised Code | 59930 |
| requires be created for individuals determined eligible for a home | 59931 |
| and community-based services medicaid waiver component. If a state | 59932 |
| agency or political subdivision contracts with the department | 59933 |
| under section 5111.91 of the Revised Code to administer a home and | 59934 |
| community-based services medicaid waiver component and approves, | 59935 |
| modifies, or denies a written plan of care or individual service | 59936 |
| plan pursuant to the agency's or subdivision's administration of | 59937 |
| the component, the department may review the agency's or | 59938 |
| subdivision's approval, modification, or denial and order the | 59939 |
| agency or subdivision to reverse or modify the approval, | 59940 |
| modification, or denial. The state agency or political subdivision | 59941 |
| shall comply with the department's order. | 59942 |
| The department of job and family services shall be granted | 59943 |
| full and immediate access to any records the department needs to | 59944 |
| implement its duties under this section. | 59945 |
| Sec. 5111.853. Each administrative agency shall maintain, | 59946 |
| for a period of time the department of job and family services | 59947 |
| shall specify, financial records documenting the costs of services | 59948 |
| provided under the home and community-based services medicaid | 59949 |
| waiver components that the agency administers, including records | 59950 |
| of independent audits. The administrative agency shall make the | 59951 |
| financial records available on request to the United States | 59952 |
| secretary of health and human services, United States comptroller | 59953 |
| general, and their designees. | 59954 |
| Sec. 5111.854. Each administrative agency is financially | 59955 |
| accountable for funds expended for services provided under the | 59956 |
| home and community-based services medicaid waiver components that | 59957 |
| the agency administers. | 59958 |
| Sec. 5111.855. Each state agency and political subdivision | 59959 |
| that enters into a contract with the department of job and family | 59960 |
| services under section 5111.91 of the Revised Code to administer a | 59961 |
| home and community-based services medicaid waiver component, or | 59962 |
| one or more aspects of such a component, shall provide the | 59963 |
| department a written assurance that the agency or subdivision will | 59964 |
| not violate any of the requirements of sections 5111.85 to | 59965 |
| 5111.854 of the Revised Code. | 59966 |
| Sec. 5111.856. To the extent necessary for the efficient and | 59967 |
| economical administration of medicaid waiver components, the | 59968 |
| department of job and family services may transfer an individual | 59969 |
| enrolled in a medicaid waiver component administered by the | 59970 |
| department to another medicaid waiver component the department | 59971 |
| administers if the individual is eligible for the medicaid waiver | 59972 |
| component and the transfer does not jeopardize the individual's | 59973 |
| health or safety. | 59974 |
| | 59975 |
| (1) "Hospital" has the same meaning as in section 3727.01 of | 59976 |
| the Revised Code. | 59977 |
| (2) "Medicaid waiver component" has the same meaning as in | 59978 |
| section 5111.85 of the Revised Code. | 59979 |
| (3) "Nursing facility" has the same meaning as in section | 59980 |
| 5111.20 of the Revised Code. | 59981 |
| (4) "Ohio home care program" means the program the department | 59982 |
| of job and family services administers that provides state plan | 59983 |
| services and medicaid waiver component services pursuant to rules | 59984 |
| adopted under sections 5111.01 and 5111.02 of the Revised Code and | 59985 |
| a medicaid waiver that went into effect July 1, 1998. | 59986 |
| (B) The director of job and family services may submit | 59987 |
| 59988 | |
| human services pursuant to section 1915 of the "Social Security | 59989 |
| Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, as amended, to obtain | 59990 |
| waivers of federal medicaid requirements that would otherwise be | 59991 |
| violated in the creation and implementation of two or more | 59992 |
| medicaid waiver components under which home and community-based | 59993 |
| services | 59994 |
| 59995 | |
| 59996 | |
| 59997 | |
| individuals who need the level of care provided by a nursing | 59998 |
| facility or hospital. In the | 59999 |
| specify the following: | 60000 |
|
(1) | 60001 |
| 60002 | |
| 60003 | |
| 60004 |
| | 60005 |
| 60006 | |
| 60007 |
| | 60008 |
| who may be enrolled in | 60009 |
| 60010 | |
| 60011 | |
| requests; | 60012 |
| | 60013 |
| 60014 | |
| individual enrolled in the | 60015 |
| components; | 60016 |
| | 60017 |
| 60018 | |
| individuals enrolled in the | 60019 |
| components; | 60020 |
| | 60021 |
| selects for the | 60022 |
| | 60023 |
| requested under this section, the director may create and | 60024 |
| implement the | 60025 |
| accordance with the provisions of the approved waivers | 60026 |
| The department of job and family services shall administer the | 60027 |
| 60028 |
| | 60029 |
| 60030 | |
| 60031 | |
| 60032 | |
| 60033 | |
| 60034 | |
| 60035 | |
| 60036 |
| After the first of any medicaid waiver components created | 60037 |
| under this section begins to enroll eligible individuals, the | 60038 |
| director may submit to the United States secretary of health and | 60039 |
| human services an amendment to a medicaid waiver component of the | 60040 |
| Ohio home care program authorizing the department to cease | 60041 |
| enrolling additional individuals in that medicaid waiver component | 60042 |
| of the Ohio home care program. If the secretary approves the | 60043 |
| amendment, the director may cease to enroll additional individuals | 60044 |
| in that medicaid waiver component of the Ohio home care program. | 60045 |
| Sec. 5111.87. (A) As used in this section and section | 60046 |
| 5111.871
of
the Revised Code | 60047 |
| (1) "Intermediate care facility for the mentally retarded" | 60048 |
| has the same meaning as in section 5111.20 of the Revised Code. | 60049 |
| (2) "Medicaid waiver component" has the same meaning as in | 60050 |
| section 5111.85 of the Revised Code. | 60051 |
| (B) The director of job and family services may apply to the | 60052 |
| United States secretary of health and human services for both of | 60053 |
| the following: | 60054 |
| (1) One or
more medicaid | 60055 |
| which home and community-based services are provided to | 60056 |
| individuals with mental retardation or other developmental | 60057 |
| disability as an alternative to placement in an intermediate care | 60058 |
| facility for the mentally retarded; | 60059 |
|
(2) One or more medicaid | 60060 |
| which home and community-based services are provided in the form | 60061 |
| of | 60062 |
| (a) Early intervention and supportive services for children | 60063 |
| under three years of age | 60064 |
| 60065 | |
| disabilities the director determines are significant; | 60066 |
|
(b) Therapeutic services for children who have autism | 60067 |
| 60068 |
| (c) Specialized habilitative services for individuals who are | 60069 |
| eighteen years of age or older and have autism. | 60070 |
| (C) No medicaid waiver component authorized by division | 60071 |
| (B)(2)(b) or (c) of this section shall provide services that are | 60072 |
| available under another medicaid waiver component. No medicaid | 60073 |
| waiver component authorized by division (B)(2)(b) of this section | 60074 |
| shall provide services to an individual that the individual is | 60075 |
| eligible to receive through an individualized education program as | 60076 |
| defined in section 3323.01 of the Revised Code. | 60077 |
| (D) The director of mental retardation and developmental | 60078 |
| disabilities or director of health may request that the director | 60079 |
| of job and family services apply for one or more medicaid waivers | 60080 |
| under this section. | 60081 |
| | 60082 |
| director of job and family services shall seek, accept, and | 60083 |
| consider public comments. | 60084 |
| Sec. 5111.871. The department of job and family services | 60085 |
| shall enter into a contract with the department of mental | 60086 |
| retardation and developmental disabilities under section 5111.91 | 60087 |
| of the Revised Code with regard to one or more of the components | 60088 |
| of the medicaid program established by the department of job and | 60089 |
| family services under one or more of the medicaid waivers sought | 60090 |
| under section 5111.87 of the Revised Code. The contract shall | 60091 |
| provide for the department of mental retardation and developmental | 60092 |
| disabilities to administer the components in accordance with the | 60093 |
| terms of the waivers. The directors of job and family services and | 60094 |
| mental retardation and developmental disabilities shall adopt | 60095 |
| rules in accordance with Chapter 119. of the Revised Code | 60096 |
| governing the components. | 60097 |
| If the department of mental retardation and developmental | 60098 |
| disabilities or the department of job and family services denies | 60099 |
| an individual's application for home and community-based services | 60100 |
| provided under any of these medicaid components, the department | 60101 |
| that denied the services shall give timely notice to the | 60102 |
| individual that the individual may request a hearing under section | 60103 |
| 5101.35 of the Revised Code. | 60104 |
| The departments of mental retardation and developmental | 60105 |
| disabilities and job and family services may approve, reduce, | 60106 |
| deny, or terminate a service included in the individualized | 60107 |
| service plan developed for a medicaid recipient eligible for home | 60108 |
| and community-based services provided under any of these medicaid | 60109 |
| components. The departments shall consider the recommendations a | 60110 |
| county board of mental retardation and developmental disabilities | 60111 |
| makes under division (A)(1)(c) of section 5126.055 of the Revised | 60112 |
| Code. If either department approves, reduces, denies, or | 60113 |
| terminates a service, that department shall give timely notice to | 60114 |
| the medicaid recipient that the recipient may request a hearing | 60115 |
| under section 5101.35 of the Revised Code. | 60116 |
| If supported living or residential services, as defined in | 60117 |
| section 5126.01 of the Revised Code, are to be provided under any | 60118 |
| of these components, any person or government entity with a | 60119 |
| current, valid medicaid provider agreement and a current, valid | 60120 |
| license under section 5123.19 or certificate under section | 60121 |
| 60122 | |
| services. | 60123 |
| Sec. 5111.88. (A) As used in sections 5111.88 to 5111.889 of | 60124 |
| the Revised Code: | 60125 |
| "Administrative agency" means the department of job and | 60126 |
| family services or, if the department assigns the day-to-day | 60127 |
| administration of the ICF/MR deinstitutionalization pilot program | 60128 |
| to the department of mental retardation and developmental | 60129 |
| disabilities pursuant to section 5111.886 of the Revised Code, the | 60130 |
| department of mental retardation and developmental disabilities. | 60131 |
| "Deinstitutionalized services" means services specified in | 60132 |
| rules adopted under section 5111.85 of the Revised Code provided | 60133 |
| under the ICF/MR deinstitutionalization pilot program. | 60134 |
| "ICF/MR deinstitutionalization pilot program" means the | 60135 |
| medicaid waiver component authorized by a waiver sought under | 60136 |
| division (B)(1) of this section. | 60137 |
| "ICF/MR services" means intermediate care facility for the | 60138 |
| mentally retarded services covered by the medicaid program that an | 60139 |
| intermediate care facility for the mentally retarded provides to a | 60140 |
| resident of the facility who is a medicaid recipient eligible for | 60141 |
| medicaid-covered intermediate care facility for the mentally | 60142 |
| retarded services. | 60143 |
| "Intermediate care facility for the mentally retarded" has | 60144 |
| the same meaning as in section 5111.20 of the Revised Code. | 60145 |
| "Medicaid waiver component" has the same meaning as in | 60146 |
| section 5111.85 of the Revised Code. | 60147 |
| (B) Not later than thirty days after the effective date of | 60148 |
| this section, the director of job and family services shall submit | 60149 |
| both of the following to the United States secretary of health and | 60150 |
| human services: | 60151 |
| (1) An application for a waiver authorizing the ICF/MR | 60152 |
| deinstitutionalization pilot program under which intermediate care | 60153 |
| facilities for the mentally retarded, other than such facilities | 60154 |
| operated by the department of mental retardation and developmental | 60155 |
| disabilities, may volunteer to convert from providing intermediate | 60156 |
| care facility for the mentally retarded services to providing | 60157 |
| deinstitutionalized services and individuals with mental | 60158 |
| retardation or a developmental disability who are eligible for | 60159 |
| ICF/MR services may volunteer to receive instead | 60160 |
| deinstitutionalized services; | 60161 |
| (2) An amendment to the state medicaid plan to authorize the | 60162 |
| director, beginning on the first day that the ICF/MR | 60163 |
| deinstitutionalization pilot program begins implementation under | 60164 |
| section 5111.881 of the Revised Code, to refuse to enter into or | 60165 |
| amend a medicaid provider agreement with the operator of an | 60166 |
| intermediate care facility for the mentally retarded if the | 60167 |
| provider agreement or amendment would authorize the operator to | 60168 |
| receive medicaid payments for more intermediate care facility for | 60169 |
| the mentally retarded beds than the operator receives on the day | 60170 |
| before that day. | 60171 |
| (C) The director shall notify the governor, speaker and | 60172 |
| minority leader of the house of representatives, and president and | 60173 |
| minority leader of the senate when the director submits the | 60174 |
| application for the ICF/MR deinstitutionalization pilot program | 60175 |
| under division (B)(1) of this section and the amendment to the | 60176 |
| state medicaid plan under division (B)(2) of this section. The | 60177 |
| director is not required to submit the application and the | 60178 |
| amendment at the same time. | 60179 |
| Sec. 5111.881. If the United States secretary of health and | 60180 |
| human services approves the waiver requested under division (B)(1) | 60181 |
| of section 5111.88 of the Revised Code, the administrative agency | 60182 |
| shall implement the ICF/MR deinstitutionalization pilot program as | 60183 |
| follows: | 60184 |
| (A) Permit no more than two hundred individuals to | 60185 |
| participate in the program at one time; | 60186 |
| (B) Select, from among volunteers only, enough intermediate | 60187 |
| care facilities for the mentally retarded to convert from | 60188 |
| providing ICF/MR services to providing deinstitutionalized | 60189 |
| services as necessary to accommodate each individual participating | 60190 |
| in the program and ensure that the facilities selected for | 60191 |
| conversion cease to provide any ICF/MR services once the | 60192 |
| conversion takes place; | 60193 |
| (C) Subject to division (A) of this section, permit | 60194 |
| individuals who reside in an intermediate care facility for the | 60195 |
| mentally retarded that converts to providing deinstitutionalized | 60196 |
| services to choose whether to participate in the program or to | 60197 |
| transfer to another intermediate care facility for the mentally | 60198 |
| retarded that is not converting; | 60199 |
| (D) Ensure that no individual receiving ICF/MR services on | 60200 |
| the effective date of this section suffers an interruption in | 60201 |
| medicaid-covered services that the individual is eligible to | 60202 |
| receive; | 60203 |
| (E) Collect information as necessary for the ICF/MR | 60204 |
| deinstitutionalization study council to be able to conduct the | 60205 |
| evaluation required by section 5111.889 of the Revised Code; | 60206 |
| (F) Terminate the program on July 1, 2007. | 60207 |
| Sec. 5111.882. Each individual participating in the ICF/MR | 60208 |
| deinstitutionalization pilot program shall receive | 60209 |
| deinstitutionalized services pursuant to a written individual | 60210 |
| service plan that shall be created for the individual. The | 60211 |
| individual service plan shall provide for the individual to | 60212 |
| receive deinstitutionalized services as necessary to meet the | 60213 |
| individual's health and welfare needs. | 60214 |
| Sec. 5111.883. Each individual participating in the ICF/MR | 60215 |
| deinstitutionalization pilot program has the right to choose the | 60216 |
| qualified and willing provider from which the individual will | 60217 |
| receive deinstitutionalized services. | 60218 |
| Sec. 5111.884. The administrative agency shall inform each | 60219 |
| individual participating in the ICF/MR deinstitutionalization | 60220 |
| pilot program of the individual's right to a state hearing under | 60221 |
| section 5101.35 of the Revised Code regarding a decision or order | 60222 |
| the administrative agency makes concerning the individual's | 60223 |
| participation in the program. | 60224 |
| Sec. 5111.885. The department of mental retardation and | 60225 |
| developmental disabilities may not convert any of the intermediate | 60226 |
| care facilities for the mentally retarded that the department | 60227 |
| operates to a provider of deinstitutionalized services. | 60228 |
| Sec. 5111.886. (A) If the United States secretary of health | 60229 |
| and human services approves the waiver requested under division | 60230 |
| (B)(1) of section 5111.88 of the Revised Code, the department of | 60231 |
| job and family services may do both of the following: | 60232 |
| (1) Contract with the department of mental retardation and | 60233 |
| developmental disabilities under section 5111.91 of the Revised | 60234 |
| Code to assign the day-to-day administration of the ICF/MR | 60235 |
| deinstitutionalization pilot program to the department of mental | 60236 |
| retardation and developmental disabilities; | 60237 |
| (2) Transfer funds to pay for the nonfederal share of the | 60238 |
| costs of the ICF/MR deinstitutionalization pilot program to the | 60239 |
| department of mental retardation and developmental disabilities. | 60240 |
| (B) If the department of job and family services takes both | 60241 |
| actions authorized by division (A) of this section, the department | 60242 |
| of mental retardation and developmental disabilities shall be | 60243 |
| responsible for paying the nonfederal share of the costs of the | 60244 |
| ICF/MR deinstitutionalization pilot program. | 60245 |
| Sec. 5111.887. The director of job and family services, in | 60246 |
| consultation with the ICF/MR deinstitutionalization study council, | 60247 |
| shall adopt rules under section 5111.85 of the Revised Code as | 60248 |
| necessary to implement the ICF/MR deinstitutionalization pilot | 60249 |
| program, including rules establishing both of the following: | 60250 |
| (A) The type, amount, duration, and scope of services | 60251 |
| provided under the program; | 60252 |
| (B) The amount the program pays for the services or the | 60253 |
| method by which the amount is determined. | 60254 |
| Sec. 5111.888. (A) There is hereby created the ICF/MR | 60255 |
| deinstitutionalization study council. The council shall consist of | 60256 |
| all of the following members: | 60257 |
| (1) Two members of the house of representatives appointed by | 60258 |
| the speaker of the house of representatives, each from a different | 60259 |
| political party; | 60260 |
| (2) Two members of the senate appointed by the president of | 60261 |
| the senate, each from a different political party; | 60262 |
| (3) The director of job and family services or the director's | 60263 |
| designee; | 60264 |
| (4) The director of mental retardation and developmental | 60265 |
| disabilities or the director's designee; | 60266 |
| (5) One representative of each of the following | 60267 |
| organizations, appointed by the organization: | 60268 |
| (a) Advocacy and protective services, incorporated; | 60269 |
| (b) The arc of Ohio; | 60270 |
| (c) The Ohio league for the mentally retarded; | 60271 |
| (d) People first of Ohio; | 60272 |
| (e) The Ohio association of county boards of mental | 60273 |
| retardation and developmental disabilities; | 60274 |
| (f) The Ohio provider resource association; | 60275 |
| (g) The Ohio health care association. | 60276 |
| (B) The speaker of the house of representatives and the | 60277 |
| president of the senate jointly shall appoint one of the members | 60278 |
| appointed under division (A)(1) or (2) of this section to serve as | 60279 |
| chair of the ICF/MR deinstitutionalization study council. | 60280 |
| (C) Members of the ICF/MR deinstitutionalization study | 60281 |
| council shall receive no compensation for serving on the council. | 60282 |
| Sec. 5111.889. (A) The ICF/MR deinstitutionalization study | 60283 |
| council shall conduct an evaluation of the ICF/MR | 60284 |
| deinstitutionalization pilot program. The council shall examine | 60285 |
| all of the following as part of the evaluation: | 60286 |
| (1) The deinstitutionalized services' effectiveness in | 60287 |
| meeting the health and welfare needs of the individuals | 60288 |
| participating in the program as identified in the individuals' | 60289 |
| written individual service plan; | 60290 |
| (2) The satisfaction of the individuals participating in the | 60291 |
| program with the deinstitutionalized services; | 60292 |
| (3) The impact that the conversion from providing ICF/MR | 60293 |
| services to providing deinstitutionalized services has on the | 60294 |
| intermediate care facilities for the mentally retarded that | 60295 |
| convert; | 60296 |
| (4) The program's cost effectiveness, including | 60297 |
| administrative cost effectiveness; | 60298 |
| (5) Feedback about the program from the individuals | 60299 |
| participating in the program, such individuals' families and | 60300 |
| guardians, county boards of mental retardation and developmental | 60301 |
| disabilities, and providers of deinstitutionalized services; | 60302 |
| (6) Other matters the council considers appropriate for | 60303 |
| evaluation. | 60304 |
| (B) Not later than December 31, 2007, the ICF/MR | 60305 |
| deinstitutionalization study council shall prepare a report of the | 60306 |
| evaluation conducted under this section and provide a copy of the | 60307 |
| report to the governor, president and minority leader of the | 60308 |
| senate, and speaker and minority leader of the house of | 60309 |
| representatives. The council shall include in the report | 60310 |
| recommendations for changes that the council determines are | 60311 |
| necessary for the ICF/MR deinstitutionalization pilot program to | 60312 |
| be implemented effectively statewide. The council shall cease to | 60313 |
| exist on the issuance of the report. | 60314 |
| Sec. 5111.89. (A) As used in sections 5111.89 to 5111.893 of | 60315 |
| the Revised Code: | 60316 |
| "Assisted living program" means the medicaid waiver component | 60317 |
| for which the director of job and family services is authorized by | 60318 |
| this section to request a medicaid waiver. | 60319 |
| "Assisted living services" means the following home and | 60320 |
| community-based services: personal care, homemaker, chore, | 60321 |
| attendant care, companion, medication oversight, and therapeutic | 60322 |
| social and recreational programming. | 60323 |
| "County or district home" means a county or district home | 60324 |
| operated under Chapter 5155. of the Revised Code. | 60325 |
| "Medicaid waiver component" has the same meaning as in | 60326 |
| section 5111.85 of the Revised Code. | 60327 |
| "Nursing facility" has the same meaning as in section 5111.20 | 60328 |
| of the Revised Code. | 60329 |
| "Residential care facility" has the same meaning as in | 60330 |
| section 3721.01 of the Revised Code. | 60331 |
| (B) The director of job and family services may submit a | 60332 |
| request to the United States secretary of health and human | 60333 |
| services under 42 U.S.C. 1396n to obtain a waiver of federal | 60334 |
| medicaid requirements that would otherwise be violated in the | 60335 |
| creation and implementation of a program under which assisted | 60336 |
| living services are provided to not more than one thousand eight | 60337 |
| hundred individuals who meet the program's eligibility | 60338 |
| requirements established under section 5111.891 of the Revised | 60339 |
| Code. | 60340 |
| If the secretary approves the medicaid waiver requested under | 60341 |
| this section and the director of budget and management approves | 60342 |
| the contract, the department of job and family services shall | 60343 |
| enter into a contract with the department of aging under section | 60344 |
| 5111.91 of the Revised Code that provides for the department of | 60345 |
| aging to administer the assisted living program. The contract | 60346 |
| shall include an estimate of the program's costs. | 60347 |
| The director of job and family services may adopt rules under | 60348 |
| section 5111.85 of the Revised Code regarding the assisted living | 60349 |
| program. The director of aging may adopt rules under Chapter 119. | 60350 |
| of the Revised Code regarding the program that the rules adopted | 60351 |
| by the director of job and family services authorize the director | 60352 |
| of aging to adopt. | 60353 |
| Sec. 5111.891. To be eligible for the assisted living | 60354 |
| program, an individual must meet all of the following | 60355 |
| requirements: | 60356 |
| (A) Need an intermediate level of care as determined under | 60357 |
| rule 5101:3-3-06 of the Administrative Code; | 60358 |
| (B) At the time the individual applies for the assisted | 60359 |
| living program, be one of the following: | 60360 |
| (1) A nursing facility resident who is seeking to move to a | 60361 |
| residential care facility or county or district home and would | 60362 |
| remain in a nursing facility for long term care if not for the | 60363 |
| assisted living program; | 60364 |
| (2) A participant of any of the following medicaid waiver | 60365 |
| components who would move to a nursing facility if not for the | 60366 |
| assisted living program: | 60367 |
| (a) The PASSPORT program created under section 173.40 of the | 60368 |
| Revised Code; | 60369 |
| (b) The medicaid waiver component called the choices program | 60370 |
| that the department of aging administers; | 60371 |
| (c) A medicaid waiver component that the department of job | 60372 |
| and family services administers. | 60373 |
| (C) At the time the individual receives assisted living | 60374 |
| services under the assisted living program, reside in either of | 60375 |
| the following: | 60376 |
| (1) A residential care facility, including a residential care | 60377 |
| facility that is owned or operated by a metropolitan housing | 60378 |
| authority that has a contract with the United States department of | 60379 |
| housing and urban development to receive an operating subsidy or | 60380 |
| rental assistance for the residents of the facility; | 60381 |
| (2) A county or district home. | 60382 |
| (D) Meet all other eligibility requirements for the assisted | 60383 |
| living program established in rules adopted under section 5111.85 | 60384 |
| of the Revised Code. | 60385 |
| Sec. 5111.892. A residential care facility or county or | 60386 |
| district home providing services covered by the assisted living | 60387 |
| program to an individual enrolled in the program shall have staff | 60388 |
| on-site twenty-four hours each day who are able to do all of the | 60389 |
| following: | 60390 |
| (A) Meet the scheduled and unpredicted needs of the | 60391 |
| individuals enrolled in the assisted living program in a manner | 60392 |
| that promotes the individuals' dignity and independence; | 60393 |
| (B) Provide supervision services for those individuals; | 60394 |
| (C) Help keep the individuals safe and secure. | 60395 |
| Sec. 5111.893. If the United States secretary of health and | 60396 |
| human services approves a medicaid waiver authorizing the assisted | 60397 |
| living program, the director of aging shall contract with a person | 60398 |
| or government entity to evaluate the program's cost effectiveness. | 60399 |
| The director shall provide the results of the evaluation to the | 60400 |
| governor, president and minority leader of the senate, and speaker | 60401 |
| and minority leader of the house of representatives not later than | 60402 |
| June 30, 2007. | 60403 |
| Sec. 5111.911. Any contract the department of job and family | 60404 |
| services enters into with the department of mental health or | 60405 |
| department of alcohol and drug addiction services under section | 60406 |
| 5111.91 of the Revised Code is subject to the approval of the | 60407 |
| director of budget and management and shall require or specify all | 60408 |
| of the following: | 60409 |
| (A) In the case of a contract with the department of mental | 60410 |
| health, that section 5111.912 of the Revised Code be complied | 60411 |
| with; | 60412 |
| (B) In the case of a contract with the department of alcohol | 60413 |
| and drug addiction services, that section 5111.913 of the Revised | 60414 |
| Code be complied with; | 60415 |
|
(C) How providers will be paid for providing | 60416 |
| drug addiction, and mental health services covered by medicaid | 60417 |
| under the federal option of covering rehabilitative services; | 60418 |
| (D) A process for making payments to the providers; | 60419 |
| (E) The department of mental health's or department of | 60420 |
| alcohol and drug addiction services' responsibilities for | 60421 |
| reimbursing providers | 60422 |
| (F) Procedures for program oversight and quality assurance. | 60423 |
| Sec. 5111.914. (A) As used in this section, "provider" has | 60424 |
| the same meaning as in section 5111.06 of the Revised Code. | 60425 |
| (B) If a state agency that enters into a contract with the | 60426 |
| department of job and family services under section 5111.91 of the | 60427 |
| Revised Code identifies that a medicaid overpayment has been made | 60428 |
| to a provider, the state agency may commence actions to recover | 60429 |
| the overpayment on behalf of the department. | 60430 |
| (C) In recovering an overpayment pursuant to this section, a | 60431 |
| state agency shall comply with the following procedures: | 60432 |
| (1) The state agency shall attempt to recover the overpayment | 60433 |
| by notifying the provider of the overpayment and requesting | 60434 |
| voluntary repayment. Not later than five business days after | 60435 |
| notifying the provider, the state agency shall notify the | 60436 |
| department in writing of the overpayment. The state agency may | 60437 |
| negotiate a settlement of the overpayment and notify the | 60438 |
| department of the settlement. A settlement negotiated by the state | 60439 |
| agency is not valid and shall not be implemented until the | 60440 |
| department has given its written approval of the settlement. | 60441 |
| (2) If the state agency is unable to obtain voluntary | 60442 |
| repayment of an overpayment, the agency shall give the provider | 60443 |
| notice of an opportunity for a hearing in accordance with Chapter | 60444 |
| 119. of the Revised Code. If the provider timely requests a | 60445 |
| hearing in accordance with section 119.07 of the Revised Code, the | 60446 |
| state agency shall conduct the hearing to determine the legal and | 60447 |
| factual validity of the overpayment. On completion of the hearing, | 60448 |
| the state agency shall submit its hearing officer's report and | 60449 |
| recommendation and the complete record of proceedings, including | 60450 |
| all transcripts, to the director of job and family services for | 60451 |
| final adjudication. The director may issue a final adjudication | 60452 |
| order in accordance with Chapter 119. of the Revised Code. The | 60453 |
| state agency shall pay any attorney's fees imposed under section | 60454 |
| 119.092 of the Revised Code. The department of job and family | 60455 |
| services shall pay any attorney's fees imposed under section | 60456 |
| 2335.39 of the Revised Code. | 60457 |
| (D) In any action taken by a state agency under this section | 60458 |
| that requires the agency to give notice of an opportunity for a | 60459 |
| hearing in accordance with Chapter 119. of the Revised Code, if | 60460 |
| the agency gives notice of the opportunity for a hearing but the | 60461 |
| provider subject to the notice does not request a hearing or | 60462 |
| timely request a hearing in accordance with section 119.07 of the | 60463 |
| Revised Code, the agency is not required to hold a hearing. The | 60464 |
| agency may request that the director of job and family services | 60465 |
| issue a final adjudication order in accordance with Chapter 119. | 60466 |
| of the Revised Code. | 60467 |
| (E) This section does not preclude the department of job and | 60468 |
| family services from adjudicating a final fiscal audit under | 60469 |
| section 5111.06 of the Revised Code, recovering overpayments under | 60470 |
| section 5111.061 of the Revised Code, or making findings or taking | 60471 |
| other actions authorized by this chapter. | 60472 |
| Sec. 5111.915. (A) The department of job and family services | 60473 |
| shall enter into an agreement with the department of | 60474 |
| administrative services for the department of administrative | 60475 |
| services to contract through competitive selection pursuant to | 60476 |
| section 125.05 of the Revised Code with a qualified vendor | 60477 |
| pursuant to division (B) of this section to develop a computer | 60478 |
| system to collect data. | 60479 |
| This computer system shall be used to enhance fraud and abuse | 60480 |
| detection, improve program management and budgeting, and improve | 60481 |
| performance measurement capabilities of all agencies serving | 60482 |
| medicaid recipients, including the departments of aging, alcohol | 60483 |
| and drug addiction services, health, job and family services, | 60484 |
| mental health, and mental retardation and developmental | 60485 |
| disabilities. | 60486 |
| The department of administrative services shall take all | 60487 |
| necessary steps to receive and review bids for the data system | 60488 |
| within ninety days after the effective date of this section. Also | 60489 |
| within ninety days after the effective date of this section, the | 60490 |
| department of job and family services shall seek enhanced federal | 60491 |
| funding for ninety per cent of the funds required to establish the | 60492 |
| data system. | 60493 |
| (B) A qualified vendor with whom the department of | 60494 |
| administrative services contracts to implement the data system | 60495 |
| must have performed the following services prior to the department | 60496 |
| accepting the vendor's bid: | 60497 |
| (1) Successfully implemented a data system in another state; | 60498 |
| (2) Demonstrated an ability to link, at a minimum, the | 60499 |
| following data sets: | 60500 |
| (a) Medicaid; | 60501 |
| (b) Temporary assistance for needy families; | 60502 |
| (c) Vital records. | 60503 |
| | 60504 |
| section 5111.971 of the Revised Code, "nursing facility" has the | 60505 |
| same meaning as in section 5111.20 of the Revised Code. | 60506 |
| (B) To the extent funds are available, the director of job | 60507 |
| and family services may establish the Ohio access success project | 60508 |
| to help medicaid recipients make the transition from residing in a | 60509 |
| nursing facility to residing in a community setting. The program | 60510 |
| may be established as a separate non-medicaid program or | 60511 |
| integrated into a new or existing program of medicaid-funded home | 60512 |
| and community-based services authorized by a waiver approved by | 60513 |
| the United States department of health and human services. The | 60514 |
| department may limit the number of program participants. | 60515 |
| To be eligible for benefits under the project, a medicaid | 60516 |
| recipient must satisfy all of the following requirements: | 60517 |
| (1) Be a recipient of medicaid-funded nursing facility | 60518 |
| services, at the time of applying for the benefits; | 60519 |
| (2) Have resided continuously in a nursing facility for not | 60520 |
| less than | 60521 |
| the project; | 60522 |
| (3) Need the level of care provided by nursing facilities; | 60523 |
| (4) For participation in a non-medicaid program, receive | 60524 |
| services to remain in the community with a projected cost not | 60525 |
| exceeding eighty per cent of the average monthly medicaid cost of | 60526 |
| a medicaid recipient in a nursing facility; | 60527 |
| (5) For participation in a program established as part of a | 60528 |
| medicaid-funded home and community-based services waiver program, | 60529 |
| meet waiver enrollment criteria. | 60530 |
| (C) If the director establishes the Ohio access success | 60531 |
| project, the benefits provided under the project may include | 60532 |
| payment of all of the following: | 60533 |
| (1) The first month's rent in a community setting; | 60534 |
| (2) Rental deposits; | 60535 |
| (3) Utility deposits; | 60536 |
| (4) Moving expenses; | 60537 |
| (5) Other expenses not covered by the medicaid program that | 60538 |
| facilitate a medicaid recipient's move from a nursing facility to | 60539 |
| a community setting. | 60540 |
| (D) If the project is established as a non-medicaid program, | 60541 |
| no participant may receive more than two thousand dollars worth of | 60542 |
| benefits under the project. | 60543 |
| (E) The director may submit a request to the United States | 60544 |
| secretary of health and human services pursuant to section 1915 of | 60545 |
| the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, | 60546 |
| as amended, to create a medicaid home and community-based services | 60547 |
| waiver program to serve individuals who meet the criteria for | 60548 |
| participation in the Ohio access success project. The director may | 60549 |
| adopt rules under Chapter 119. of the Revised Code for the | 60550 |
| administration and operation of the program. | 60551 |
| Sec. 5111.971. (A) As used in this section, "long-term | 60552 |
| medicaid waiver component" means any of the following: | 60553 |
| (1) The PASSPORT program created under section 173.40 of the | 60554 |
| Revised Code; | 60555 |
| (2) The medicaid waiver component called the choices program | 60556 |
| that the department of aging administers; | 60557 |
| (3) A medicaid waiver component that the department of job | 60558 |
| and family services administers. | 60559 |
| (B) The director of job and family services shall submit a | 60560 |
| request to the United States secretary of health and human | 60561 |
| services for a waiver of federal medicaid requirements that would | 60562 |
| be otherwise violated in the creation of a pilot program for | 60563 |
| issuing vouchers to medicaid recipients for use by the recipients | 60564 |
| and their families or other representatives to pay for the cost of | 60565 |
| obtaining health care services outside of a nursing facility. In | 60566 |
| submitting the request, the director shall specify all of the | 60567 |
| following: | 60568 |
| (1) That the number of medicaid recipients permitted to | 60569 |
| participate in the program will not exceed two hundred; | 60570 |
| (2) That an individual will not be eligible to participate | 60571 |
| unless the individual meets all of the following requirements: | 60572 |
| (a) Needs an intermediate level of care as determined under | 60573 |
| rule 5101:3-3-06 of the Administrative Code; | 60574 |
| (b) At the time the individual applies for a voucher, be one | 60575 |
| of the following: | 60576 |
| (i) A nursing facility resident who is seeking to move to a | 60577 |
| residential care facility or county or district home and who would | 60578 |
| remain in a nursing facility if not for the voucher; | 60579 |
| (ii) A participant of any long-term medicaid waiver component | 60580 |
| who would move to a nursing facility if not for the voucher. | 60581 |
| (c) Meets all other eligibility requirements for the voucher | 60582 |
| established in rules adopted under section 5111.85 of the Revised | 60583 |
| Code. | 60584 |
| (3) That a participant will be given a voucher in an amount | 60585 |
| not exceeding seventy-five per cent of the cost that the medicaid | 60586 |
| program would incur for care provided to the individual in a | 60587 |
| nursing facility; | 60588 |
| (4) That the services of a fiscal intermediary and other case | 60589 |
| management services will be available to the participant when | 60590 |
| needed. | 60591 |
| (C) On receipt of the waiver, the director shall enter into | 60592 |
| an interagency agreement with the director of aging to have the | 60593 |
| pilot program administered by the department of aging. Each | 60594 |
| director may adopt rules in accordance with Chapter 119. of the | 60595 |
| Revised Code as the director considers necessary to carry out the | 60596 |
| purposes of this section. | 60597 |
| Sec. 5111.98. (A) The director of job and family services | 60598 |
| may do all of the following as necessary for the department of job | 60599 |
| and family services to fulfill the duties it has, as the single | 60600 |
| state agency for the medicaid program, under the "Medicare | 60601 |
| Prescription Drug, Improvement, and Modernization Act of 2003" | 60602 |
| Pub. L. No. 108-173, 117 Stat. 2066: | 60603 |
| (1) Adopt rules; | 60604 |
| (2) Assign duties to county departments of job and family | 60605 |
| services; | 60606 |
| (3) Make payments to the United States department of health | 60607 |
| and human services from appropriations made to the department of | 60608 |
| job and family services for this purpose. | 60609 |
| (B) Rules adopted under division (A)(1) of this section shall | 60610 |
| be adopted as follows: | 60611 |
| (1) If the rules concern the department's duties regarding | 60612 |
| service providers, in accordance with Chapter 119. of the Revised | 60613 |
| Code; | 60614 |
| (2) If the rules concern the department's duties concerning | 60615 |
| individuals' eligibility for services, in accordance with section | 60616 |
| 111.15 of the Revised Code; | 60617 |
| (3) If the rules concern the department's duties concerning | 60618 |
| financial and operational matters between the department and | 60619 |
| county departments of job and family services, in accordance with | 60620 |
| section 111.15 of the Revised Code as if the rules were internal | 60621 |
| management rules. | 60622 |
| Sec. 5111.99. (A) Whoever violates division (B) of section | 60623 |
|
5111.26 or
division | 60624 |
| shall be fined not less than five hundred dollars nor more than | 60625 |
| one thousand dollars for the first offense and not less than one | 60626 |
| thousand dollars nor more than five thousand dollars for each | 60627 |
| subsequent offense. Fines paid under this section shall be | 60628 |
| deposited in the state treasury to the credit of the general | 60629 |
| revenue fund. | 60630 |
| (B) Whoever violates division (D) of section 5111.61 of the | 60631 |
| Revised Code is guilty of registering a false complaint, a | 60632 |
| misdemeanor of the first degree. | 60633 |
| Sec. 5112.03. (A) The director of job and family services | 60634 |
| shall adopt, and may amend and rescind, rules in accordance with | 60635 |
| Chapter 119. of the Revised Code for the purpose of administering | 60636 |
| sections 5112.01 to 5112.21 of the Revised Code, including rules | 60637 |
| that do all of the following: | 60638 |
| (1) Define as a "disproportionate share hospital" any | 60639 |
| hospital included under subsection (b) of section 1923 of the | 60640 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. | 60641 |
| 1396r-4(b), as amended, and any other hospital the director | 60642 |
| determines appropriate; | 60643 |
| (2) Prescribe the form for submission of cost reports under | 60644 |
| section 5112.04 of the Revised Code; | 60645 |
| (3) Establish, in accordance with division (A) of section | 60646 |
| 5112.06 of the Revised Code, the assessment rate or rates to be | 60647 |
| applied to hospitals under that section; | 60648 |
| (4) Establish schedules for hospitals to pay installments on | 60649 |
| their assessments under section 5112.06 of the Revised Code and | 60650 |
| for governmental hospitals to pay installments on their | 60651 |
| intergovernmental transfers under section 5112.07 of the Revised | 60652 |
| Code; | 60653 |
| (5) Establish procedures to notify hospitals of adjustments | 60654 |
| made under division (B)(2)(b) of section 5112.06 of the Revised | 60655 |
| Code in the amount of installments on their assessment; | 60656 |
| (6) Establish procedures to notify hospitals of adjustments | 60657 |
| made under division (D) of section 5112.09 of the Revised Code in | 60658 |
| the total amount of their assessment and to adjust for the | 60659 |
| remainder of the program year the amount of the installments on | 60660 |
| the assessments; | 60661 |
| (7) Establish, in accordance with section 5112.08 of the | 60662 |
| Revised Code, the methodology for paying hospitals under that | 60663 |
| section. | 60664 |
| The director shall consult with hospitals when adopting the | 60665 |
| rules required by divisions (A)(4) and (5) of this section in | 60666 |
| order to minimize hospitals' cash flow difficulties. | 60667 |
| (B) Rules adopted under this section may provide that "total | 60668 |
| facility costs" excludes costs associated with any of the | 60669 |
| following: | 60670 |
| (1) Recipients of the medical assistance program; | 60671 |
| (2) Recipients of financial assistance provided under Chapter | 60672 |
| 5115. of the Revised Code; | 60673 |
| (3) | 60674 |
| 60675 |
| | 60676 |
| children established under section 3701.023 of the Revised Code; | 60677 |
| | 60678 |
| Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 | 60679 |
| U.S.C.A. 301, as amended: | 60680 |
| | 60681 |
| | 60682 |
| director in accordance with Title XIX of the "Social Security Act" | 60683 |
| and the rules adopted under that title. | 60684 |
| Sec. 5112.08. The director of job and family services shall | 60685 |
| adopt rules under section 5112.03 of the Revised Code establishing | 60686 |
| a methodology to pay hospitals that is sufficient to expend all | 60687 |
| money in the indigent care pool. Under the rules: | 60688 |
| (A) The department of job and family services may classify | 60689 |
| similar hospitals into groups and allocate funds for distribution | 60690 |
| within each group. | 60691 |
| (B) The department shall establish a method of allocating | 60692 |
| funds to hospitals, taking into consideration the relative amount | 60693 |
| of indigent care provided by each hospital or group of hospitals. | 60694 |
| The amount to be allocated shall be based on any combination of | 60695 |
| the following indicators of indigent care that the director | 60696 |
| considers appropriate: | 60697 |
| (1) Total costs, volume, or proportion of services to | 60698 |
| recipients of the medical assistance program, including recipients | 60699 |
| enrolled in health insuring corporations; | 60700 |
| (2) Total costs, volume, or proportion of services to | 60701 |
| low-income patients in addition to recipients of the medical | 60702 |
| assistance program, which may include recipients of Title V of the | 60703 |
| "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as | 60704 |
|
amended,
| 60705 |
| assistance provided under Chapter 5115. of the Revised Code, and | 60706 |
| recipients of disability medical assistance formerly provided | 60707 |
| under Chapter 5115. of the Revised Code; | 60708 |
| (3) The amount of uncompensated care provided by the hospital | 60709 |
| or group of hospitals; | 60710 |
| (4) Other factors that the director considers to be | 60711 |
| appropriate indicators of indigent care. | 60712 |
| (C) The department shall distribute funds to each hospital or | 60713 |
| group of hospitals in a manner that first may provide for an | 60714 |
| additional distribution to individual hospitals that provide a | 60715 |
| high proportion of indigent care in relation to the total care | 60716 |
| provided by the hospital or in relation to other hospitals. The | 60717 |
| department shall establish a formula to distribute the remainder | 60718 |
| of the funds. The formula shall be consistent with section 1923 of | 60719 |
| the "Social Security Act," 42 U.S.C.A. 1396r-4, as amended, shall | 60720 |
| be based on any combination of the indicators of indigent care | 60721 |
| listed in division (B) of this section that the director considers | 60722 |
| appropriate. | 60723 |
| (D) The department shall distribute funds to each hospital in | 60724 |
| installments not later than ten working days after the deadline | 60725 |
| established in rules for each hospital to pay an installment on | 60726 |
| its assessment under section 5112.06 of the Revised Code. In the | 60727 |
| case of a governmental hospital that makes intergovernmental | 60728 |
| transfers, the department shall pay an installment under this | 60729 |
| section not later than ten working days after the earlier of that | 60730 |
| deadline or the deadline established in rules for the governmental | 60731 |
| hospital to pay an installment on its intergovernmental transfer. | 60732 |
| If the amount in the hospital care assurance program fund and the | 60733 |
| hospital care assurance match fund created under section 5112.18 | 60734 |
| of the Revised Code is insufficient to make the total | 60735 |
| distributions for which hospitals are eligible to receive in any | 60736 |
| period, the department shall reduce the amount of each | 60737 |
| distribution by the percentage by which the amount is | 60738 |
| insufficient. The department shall distribute to hospitals any | 60739 |
| amounts not distributed in the period in which they are due as | 60740 |
| soon as moneys are available in the funds. | 60741 |
| Sec. 5112.17. (A) As used in this section: | 60742 |
| (1) "Federal poverty guideline" means the official poverty | 60743 |
| guideline as revised annually by the United States secretary of | 60744 |
| health and human services in accordance with section 673 of the | 60745 |
| "Community Service Block Grant Act," 95 Stat. 511 (1981), 42 | 60746 |
| U.S.C.A. 9902, as amended, for a family size equal to the size of | 60747 |
| the family of the person whose income is being determined. | 60748 |
| (2) "Third-party payer" means any private or public entity or | 60749 |
| program that may be liable by law or contract to make payment to | 60750 |
| or on behalf of an individual for health care services. | 60751 |
| "Third-party payer" does not include a hospital. | 60752 |
| (B) Each hospital that receives funds distributed under | 60753 |
| sections 5112.01 to 5112.21 of the Revised Code shall provide, | 60754 |
| without charge to the individual, basic, medically necessary | 60755 |
| hospital-level services to individuals who are residents of this | 60756 |
| state, are not recipients of the medical assistance program, and | 60757 |
| whose income is at or below the federal poverty guideline. | 60758 |
|
Recipients of disability financial
assistance | 60759 |
| 60760 | |
| Revised Code qualify for services under this section. The director | 60761 |
| of job and family services shall adopt rules under section 5112.03 | 60762 |
| of the Revised Code specifying the hospital services to be | 60763 |
| provided under this section. | 60764 |
| (C) Nothing in this section shall be construed to prevent a | 60765 |
| hospital from requiring an individual to apply for eligibility | 60766 |
| under the medical assistance program before the hospital processes | 60767 |
| an application under this section. Hospitals may bill any | 60768 |
| third-party payer for services rendered under this section. | 60769 |
| Hospitals may bill the medical assistance program, in accordance | 60770 |
| with Chapter 5111. of the Revised Code and the rules adopted under | 60771 |
| that chapter, for services rendered under this section if the | 60772 |
| individual becomes a recipient of the program. Hospitals may bill | 60773 |
| individuals for services under this section if all of the | 60774 |
| following apply: | 60775 |
| (1) The hospital has an established post-billing procedure | 60776 |
| for determining the individual's income and canceling the charges | 60777 |
| if the individual is found to qualify for services under this | 60778 |
| section. | 60779 |
| (2) The initial bill, and at least the first follow-up bill, | 60780 |
| is accompanied by a written statement that does all of the | 60781 |
| following: | 60782 |
| (a) Explains that individuals with income at or below the | 60783 |
| federal poverty guideline are eligible for services without | 60784 |
| charge; | 60785 |
| (b) Specifies the federal poverty guideline for individuals | 60786 |
| and families of various sizes at the time the bill is sent; | 60787 |
| (c) Describes the procedure required by division (C)(1) of | 60788 |
| this section. | 60789 |
| (3) The hospital complies with any additional rules the | 60790 |
| department adopts under section 5112.03 of the Revised Code. | 60791 |
| Notwithstanding division (B) of this section, a hospital | 60792 |
| providing care to an individual under this section is subrogated | 60793 |
| to the rights of any individual to receive compensation or | 60794 |
| benefits from any person or governmental entity for the hospital | 60795 |
| goods and services rendered. | 60796 |
| (D) Each hospital shall collect and report to the department, | 60797 |
| in the form and manner prescribed by the department, information | 60798 |
| on the number and identity of patients served pursuant to this | 60799 |
| section. | 60800 |
| (E) This section applies beginning May 22, 1992, regardless | 60801 |
| of whether the department has adopted rules specifying the | 60802 |
| services to be provided. Nothing in this section alters the scope | 60803 |
| or limits the obligation of any governmental entity or program, | 60804 |
| including the program awarding reparations to victims of crime | 60805 |
| under sections 2743.51 to 2743.72 of the Revised Code and the | 60806 |
| program for medically handicapped children established under | 60807 |
| section 3701.023 of the Revised Code, to pay for hospital services | 60808 |
| in accordance with state or local law. | 60809 |
| Sec. 5112.30. As used in sections 5112.30 to 5112.39 of the | 60810 |
|
Revised Code | 60811 |
| (A) "Intermediate care facility for the mentally retarded" | 60812 |
| has the same meaning as in section 5111.20 of the Revised Code, | 60813 |
| except that it does not include any such facility operated by the | 60814 |
| department of mental retardation and developmental disabilities. | 60815 |
| (B) "Medicaid" has the same meaning as in section 5111.01 of | 60816 |
| the Revised Code. | 60817 |
| Sec. 5112.31. The department of job and family services | 60818 |
| shall do all of the following: | 60819 |
| (A) For the purpose of providing home and community-based | 60820 |
| services for mentally retarded and developmentally disabled | 60821 |
| persons, annually assess each intermediate care facility for the | 60822 |
| mentally retarded a franchise permit fee equal to nine dollars and | 60823 |
| sixty-three cents multiplied by the product of the following: | 60824 |
| (1) The number of beds certified under Title XIX of the | 60825 |
| "Social Security Act" on the first day of May of the calendar year | 60826 |
| in which the assessment is determined pursuant to division (A) of | 60827 |
| section 5112.33 of the Revised Code; | 60828 |
| (2) The number of days in the fiscal year beginning on the | 60829 |
| first day of July of the same calendar year. | 60830 |
| (B) Beginning July 1, | 60831 |
| July thereafter, adjust fees determined under division (A) of this | 60832 |
| section in accordance with the composite inflation factor | 60833 |
| established in rules adopted under section 5112.39 of the Revised | 60834 |
| Code. | 60835 |
| (C) If the United States secretary of health and human | 60836 |
| services determines that the franchise permit fee established by | 60837 |
| sections 5112.30 to 5112.39 of the Revised Code would be an | 60838 |
| impermissible health care-related tax under section 1903(w) of the | 60839 |
| "Social
Security Act," 42 U.S.C.A. 1396b(w), as amended, | 60840 |
| 60841 | |
| implementation of those sections in accordance with rules adopted | 60842 |
| under section 5112.39 of the Revised Code. | 60843 |
| Sec. 5112.341. (A) In addition to assessing a penalty | 60844 |
| pursuant to section 5112.34 of the Revised Code, the department of | 60845 |
| job and family services may do either of the following if an | 60846 |
| intermediate care facility for the mentally retarded fails to pay | 60847 |
| the full amount of a franchise permit fee installment when due: | 60848 |
| (1) Withhold an amount equal to the installment and penalty | 60849 |
| assessed under section 5112.34 of the Revised Code from a medicaid | 60850 |
| payment due the facility until the facility pays the installment | 60851 |
| and penalty; | 60852 |
| (2) Terminate the facility's medicaid provider agreement. | 60853 |
| (B) The department may withhold a medicaid payment under | 60854 |
| division (A)(1) of this section without providing notice to the | 60855 |
| intermediate care facility for the mentally retarded and without | 60856 |
| conducting an adjudication under Chapter 119. of the Revised Code. | 60857 |
| Sec. 5115.20. (A) The department of job and family services | 60858 |
| shall establish a disability advocacy program and each county | 60859 |
| department of job and family services shall establish a disability | 60860 |
| advocacy program unit or join with other county departments of job | 60861 |
| and family services to establish a joint county disability | 60862 |
| advocacy program unit. Through the program the department and | 60863 |
| county departments shall cooperate in efforts to assist applicants | 60864 |
| for and recipients of assistance under the disability financial | 60865 |
| assistance program | 60866 |
| who might be eligible for supplemental security income benefits | 60867 |
| under Title XVI of the "Social Security Act," 86 Stat. 1475 | 60868 |
| (1972), 42 U.S.C.A. 1383, as amended, in applying for those | 60869 |
| benefits. | 60870 |
| As part of their disability advocacy programs, the state | 60871 |
| department and county departments may enter into contracts for the | 60872 |
| services of persons and government entities that in the judgment | 60873 |
| of the department or county department have demonstrated expertise | 60874 |
| in representing persons seeking supplemental security income | 60875 |
| benefits. Each contract shall require the person or entity with | 60876 |
| which a department contracts to assess each person referred to it | 60877 |
| by the department to determine whether the person appears to be | 60878 |
| eligible for supplemental security income benefits, and, if the | 60879 |
| person appears to be eligible, assist the person in applying and | 60880 |
| represent the person in any proceeding of the social security | 60881 |
| administration, including any appeal or reconsideration of a | 60882 |
| denial of benefits. The department or county department shall | 60883 |
| provide to the person or entity with which it contracts all | 60884 |
| records in its possession relevant to the application for | 60885 |
| supplemental security income benefits. The department shall | 60886 |
| require a county department with relevant records to submit them | 60887 |
| to the person or entity. | 60888 |
| (B) Each applicant for or recipient of disability financial | 60889 |
| assistance | 60890 |
| of the department or a county department might be eligible for | 60891 |
| supplemental security benefits, shall, as a condition of | 60892 |
| eligibility for assistance, apply for such benefits if directed to | 60893 |
| do so by the department or county department. | 60894 |
| (C) With regard to applicants for and recipients of | 60895 |
| disability financial assistance | 60896 |
| each county department of job and family services shall do all of | 60897 |
| the following: | 60898 |
| (1) Identify applicants and recipients who might be eligible | 60899 |
| for supplemental security income benefits; | 60900 |
| (2) Assist applicants and recipients in securing | 60901 |
| documentation of disabling conditions or refer them for such | 60902 |
| assistance to a person or government entity with which the | 60903 |
| department or county department has contracted under division (A) | 60904 |
| of this section; | 60905 |
| (3) Inform applicants and recipients of available sources of | 60906 |
| representation, which may include a person or government entity | 60907 |
| with which the department or county department has contracted | 60908 |
| under division (A) of this section, and of their right to | 60909 |
| represent themselves in reconsiderations and appeals of social | 60910 |
| security administration decisions that deny them supplemental | 60911 |
| security income benefits. The county department may require the | 60912 |
| applicants and recipients, as a condition of eligibility for | 60913 |
| assistance, to pursue reconsiderations and appeals of social | 60914 |
| security administration decisions that deny them supplemental | 60915 |
| security income benefits, and shall assist applicants and | 60916 |
| recipients as necessary to obtain such benefits or refer them to a | 60917 |
| person or government entity with which the department or county | 60918 |
| department has contracted under division (A) of this section. | 60919 |
| (4) Require applicants and recipients who, in the judgment of | 60920 |
| the county department, are or may be aged, blind, or disabled, to | 60921 |
| apply for medical assistance under Chapter 5111. of the Revised | 60922 |
| Code, make determinations when appropriate as to eligibility for | 60923 |
| medical assistance, and refer their applications when necessary to | 60924 |
| the disability determination unit established in accordance with | 60925 |
| division (F) of this section for expedited review; | 60926 |
| (5) Require each applicant and recipient who in the judgment | 60927 |
| of the department or the county department might be eligible for | 60928 |
| supplemental security income benefits, as a condition of | 60929 |
| eligibility for disability financial assistance | 60930 |
| 60931 | |
| secretary of health and human services to withhold benefits due | 60932 |
| that individual and pay to the director of job and family services | 60933 |
| or the director's designee an amount sufficient to reimburse the | 60934 |
| state and county shares of interim assistance furnished to the | 60935 |
| individual. For the purposes of division (C)(5) of this section, | 60936 |
| "benefits" and "interim assistance" have the meanings given in | 60937 |
| Title XVI of the "Social Security Act." | 60938 |
| (D) The director of job and family services shall adopt rules | 60939 |
| in accordance with section 111.15 of the Revised Code for the | 60940 |
| effective administration of the disability advocacy program. The | 60941 |
| rules shall include all of the following: | 60942 |
| (1) Methods to be used in collecting information from and | 60943 |
| disseminating it to county departments, including the following: | 60944 |
| (a) The number of individuals in the county who are disabled | 60945 |
| recipients of disability financial assistance | 60946 |
| 60947 |
| (b) The final decision made either by the social security | 60948 |
| administration or by a court for each application or | 60949 |
| reconsideration in which an individual was assisted pursuant to | 60950 |
| this section. | 60951 |
| (2) The type and process of training to be provided by the | 60952 |
| department of job and family services to the employees of the | 60953 |
| county department of job and family services who perform duties | 60954 |
| under this section; | 60955 |
| (3) Requirements for the written authorization required by | 60956 |
| division (C)(5) of this section. | 60957 |
| (E) The department shall provide basic and continuing | 60958 |
| training to employees of the county department of job and family | 60959 |
| services who perform duties under this section. Training shall | 60960 |
| include but not be limited to all processes necessary to obtain | 60961 |
| federal disability benefits, and methods of advocacy. | 60962 |
| (F) The department shall establish a disability determination | 60963 |
| unit and develop guidelines for expediting reviews of applications | 60964 |
| for medical assistance under Chapter 5111. of the Revised Code for | 60965 |
| persons who have been referred to the unit under division (C)(4) | 60966 |
| of this section. The department shall make determinations of | 60967 |
| eligibility for medical assistance for any such person within the | 60968 |
| time prescribed by federal regulations. | 60969 |
| (G) The department may, under rules the director of job and | 60970 |
| family services adopts in accordance with section 111.15 of the | 60971 |
| Revised Code, pay a portion of the federal reimbursement described | 60972 |
| in division (C)(5) of this section to persons or government | 60973 |
| entities that assist or represent assistance recipients in | 60974 |
| reconsiderations and appeals of social security administration | 60975 |
| decisions denying them supplemental security income benefits. | 60976 |
| (H) The director shall conduct investigations to determine | 60977 |
| whether disability advocacy programs are being administered in | 60978 |
| compliance with the Revised Code and the rules adopted by the | 60979 |
| director pursuant to this section. | 60980 |
| Sec. 5115.22. (A) If a recipient of disability financial | 60981 |
| assistance | 60982 |
| whose income and resources are included in determining the | 60983 |
| recipient's eligibility for the assistance, becomes possessed of | 60984 |
| resources or income in excess of the amount allowed to retain | 60985 |
| eligibility, or if other changes occur that affect the recipient's | 60986 |
| eligibility or need for assistance, the recipient shall notify the | 60987 |
| state or county department of job and family services within the | 60988 |
| time limits specified in rules adopted by the director of job and | 60989 |
| family services in accordance with section 111.15 of the Revised | 60990 |
| Code. Failure of a recipient to report possession of excess | 60991 |
| resources or income or a change affecting eligibility or need | 60992 |
| within those time limits shall be considered prima-facie evidence | 60993 |
| of intent to defraud under section 5115.23 of the Revised Code. | 60994 |
| (B) As a condition of eligibility for disability financial | 60995 |
| assistance | 60996 |
| preventing or reducing the provision of assistance at public | 60997 |
| expense, each applicant for or recipient of the assistance shall | 60998 |
| make reasonable efforts to secure support from persons responsible | 60999 |
| for the applicant's or recipient's support, and from other | 61000 |
| sources, including any federal program designed to provide | 61001 |
| assistance to individuals with disabilities. The state or county | 61002 |
| department of job and family services may provide assistance to | 61003 |
| the applicant or recipient in securing other forms of financial | 61004 |
| assistance. | 61005 |
| Sec. 5115.23. As used in this section, "erroneous payments" | 61006 |
| means disability financial assistance payments | 61007 |
| 61008 | |
| to receive them, including payments made as a result of | 61009 |
| misrepresentation or fraud, and payments made due to an error by | 61010 |
| the recipient or by the county department of job and family | 61011 |
| services that made the payment. | 61012 |
| The department of job and family services shall adopt rules | 61013 |
| in accordance with section 111.15 of the Revised Code specifying | 61014 |
| the circumstances under which action is to be taken under this | 61015 |
| section to recover erroneous payments. The department, or a county | 61016 |
| department of job and family services at the request of the | 61017 |
| department, shall take action to recover erroneous payments in the | 61018 |
| circumstances specified in the rules. The department or county | 61019 |
| department may institute a civil action to recover erroneous | 61020 |
| payments. | 61021 |
| Whenever disability financial assistance | 61022 |
| 61023 | |
| support another person is responsible, the other person shall, in | 61024 |
| addition to the liability otherwise imposed, as a consequence of | 61025 |
| failure to support the recipient, be liable for all assistance | 61026 |
| furnished the recipient. The value of the assistance so furnished | 61027 |
| may be recovered in a civil action brought by the county | 61028 |
| department of job and family services. | 61029 |
| Each county department of job and family services shall | 61030 |
| retain fifty per cent of the erroneous payments it recovers under | 61031 |
| this section. The department of job and family services shall | 61032 |
| receive the remaining fifty per cent. | 61033 |
| Sec. 5119.61. Any provision in this chapter that refers to a | 61034 |
| board of alcohol, drug addiction, and mental health services also | 61035 |
| refers to the community mental health board in an alcohol, drug | 61036 |
| addiction, and mental health service district that has a community | 61037 |
| mental health board. | 61038 |
| The director of mental health with respect to all facilities | 61039 |
| and programs established and operated under Chapter 340. of the | 61040 |
| Revised Code for mentally ill and emotionally disturbed persons, | 61041 |
| shall do all of the following: | 61042 |
| (A) Adopt rules pursuant to Chapter 119. of the Revised Code | 61043 |
| that may be necessary to carry out the purposes of Chapter 340. | 61044 |
| and sections 5119.61 to 5119.63 of the Revised Code. | 61045 |
| (1) The rules shall include all of the following: | 61046 |
| (a) Rules governing a community mental health agency's | 61047 |
| services under section 340.091 of the Revised Code to an | 61048 |
| individual referred to the agency under division (C)(2) of section | 61049 |
| 173.35 of the Revised Code; | 61050 |
| (b) For the purpose of division (A)(16) of section 340.03 of | 61051 |
| the Revised Code, rules governing the duties of mental health | 61052 |
| agencies and boards of alcohol, drug addiction, and mental health | 61053 |
| services under section 3722.18 of the Revised Code regarding | 61054 |
| referrals of individuals with mental illness or severe mental | 61055 |
| disability to adult care facilities and effective arrangements for | 61056 |
| ongoing mental health services for the individuals. The rules | 61057 |
| shall do at least the following: | 61058 |
| (i) Provide for agencies and boards to participate fully in | 61059 |
| the procedures owners and managers of adult care facilities must | 61060 |
| follow under division (A)(2) of section 3722.18 of the Revised | 61061 |
| Code; | 61062 |
| (ii) Specify the manner in which boards are accountable for | 61063 |
| ensuring that ongoing mental health services are effectively | 61064 |
| arranged for individuals with mental illness or severe mental | 61065 |
| disability who are referred by the board or mental health agency | 61066 |
| under contract with the board to an adult care facility. | 61067 |
| (c) Rules governing a board of alcohol, drug addiction, and | 61068 |
| mental health services when making a report to the director of | 61069 |
| health under section 3722.17 of the Revised Code regarding the | 61070 |
| quality of care and services provided by an adult care facility to | 61071 |
| a person with mental illness or a severe mental disability. | 61072 |
| (2) Rules may be adopted to govern the method of paying a | 61073 |
|
community
mental health facility, as defined in
section | 61074 |
| 5111.023 of the Revised Code, for providing services listed in | 61075 |
| division (B) of that section. Such rules must be consistent with | 61076 |
| the contract entered into between the departments of job and | 61077 |
| family services and mental health under section 5111.91 of the | 61078 |
| Revised Code and include requirements ensuring appropriate service | 61079 |
| utilization. | 61080 |
| (B) Review and evaluate, and, taking into account the | 61081 |
| findings and recommendations of the board of alcohol, drug | 61082 |
| addiction, and mental health services of the district served by | 61083 |
| the program and the requirements and priorities of the state | 61084 |
| mental health plan, including the needs of residents of the | 61085 |
| district now residing in state mental institutions, approve and | 61086 |
| allocate funds to support community programs, and make | 61087 |
| recommendations for needed improvements to boards of alcohol, drug | 61088 |
| addiction, and mental health services; | 61089 |
| (C) Withhold state and federal funds for any program, in | 61090 |
| whole or in part, from a board of alcohol, drug addiction, and | 61091 |
| mental health services in the event of failure of that program to | 61092 |
| comply with Chapter 340. or section 5119.61, 5119.611, 5119.612, | 61093 |
| or 5119.62 of the Revised Code or rules of the department of | 61094 |
| mental health. The director shall identify the areas of | 61095 |
| noncompliance and the action necessary to achieve compliance. The | 61096 |
| director shall offer technical assistance to the board to achieve | 61097 |
| compliance. The director shall give the board a reasonable time | 61098 |
| within which to comply or to present its position that it is in | 61099 |
| compliance. Before withholding funds, a hearing shall be conducted | 61100 |
| to determine if there are continuing violations and that either | 61101 |
| assistance is rejected or the board is unable to achieve | 61102 |
| compliance. Subsequent to the hearing process, if it is determined | 61103 |
| that compliance has not been achieved, the director may allocate | 61104 |
| all or part of the withheld funds to a public or private agency to | 61105 |
| provide the services not in compliance until the time that there | 61106 |
| is compliance. The director shall establish rules pursuant to | 61107 |
| Chapter 119. of the Revised Code to implement this division. | 61108 |
| (D) Withhold state or federal funds from a board of alcohol, | 61109 |
| drug addiction, and mental health services that denies available | 61110 |
| service on the basis of religion, race, color, creed, sex, | 61111 |
| national origin, age, disability as defined in section 4112.01 of | 61112 |
| the Revised Code, developmental disability, or the inability to | 61113 |
| pay; | 61114 |
| (E) Provide consultative services to community mental health | 61115 |
| agencies with the knowledge and cooperation of the board of | 61116 |
| alcohol, drug addiction, and mental health services; | 61117 |
| (F) Provide to boards of alcohol, drug addiction, and mental | 61118 |
| health services state or federal funds, in addition to those | 61119 |
| allocated under section 5119.62 of the Revised Code, for special | 61120 |
| programs or projects the director considers necessary but for | 61121 |
| which local funds are not available; | 61122 |
| (G) Establish criteria by which a board of alcohol, drug | 61123 |
| addiction, and mental health services reviews and evaluates the | 61124 |
| quality, effectiveness, and efficiency of services provided | 61125 |
| through its community mental health plan. The criteria shall | 61126 |
| include requirements ensuring appropriate service utilization. The | 61127 |
| department shall assess a board's evaluation of services and the | 61128 |
| compliance of each board with this section, Chapter 340. or | 61129 |
| section 5119.62 of the Revised Code, and other state or federal | 61130 |
| law and regulations. The department, in cooperation with the | 61131 |
| board, periodically shall review and evaluate the quality, | 61132 |
| effectiveness, and efficiency of services provided through each | 61133 |
| board. The department shall collect information that is necessary | 61134 |
| to perform these functions. | 61135 |
| (H) Develop and operate a community mental health information | 61136 |
| system. | 61137 |
| Boards of alcohol, drug abuse, and mental health services | 61138 |
| shall submit information requested by the department in the form | 61139 |
| and manner prescribed by the department. Information collected by | 61140 |
| the department shall include, but not be limited to, all of the | 61141 |
| following: | 61142 |
| (1) Information regarding units of services provided in whole | 61143 |
| or in part under contract with a board, including diagnosis and | 61144 |
| special needs, demographic information, the number of units of | 61145 |
| service provided, past treatment, financial status, and service | 61146 |
| dates in accordance with rules adopted by the department in | 61147 |
| accordance with Chapter 119. of the Revised Code; | 61148 |
| (2) Financial information other than price or price-related | 61149 |
| data regarding expenditures of boards and community mental health | 61150 |
| agencies, including units of service provided, budgeted and actual | 61151 |
| expenses by type, and sources of funds. | 61152 |
| Boards shall submit the information specified in division | 61153 |
| (H)(1) of this section no less frequently than annually for each | 61154 |
| client, and each time the client's case is opened or closed. The | 61155 |
| department shall not collect any information for the purpose of | 61156 |
| identifying by name any person who receives a service through a | 61157 |
| board of alcohol, drug addiction, and mental health services, | 61158 |
| except as required by state or federal law to validate appropriate | 61159 |
| reimbursement. For the purposes of division (H)(1) of this | 61160 |
| section, the department shall use an identification system that is | 61161 |
| consistent with applicable nationally recognized standards. | 61162 |
| (I) Review each board's community mental health plan | 61163 |
| submitted pursuant to section 340.03 of the Revised Code and | 61164 |
| approve or disapprove it in whole or in part. Periodically, in | 61165 |
| consultation with representatives of boards and after considering | 61166 |
| the recommendations of the medical director, the director shall | 61167 |
| issue criteria for determining when a plan is complete, criteria | 61168 |
| for plan approval or disapproval, and provisions for conditional | 61169 |
| approval. The factors that the director considers may include, but | 61170 |
| are not limited to, the following: | 61171 |
| (1) The mental health needs of all persons residing within | 61172 |
| the board's service district, especially severely mentally | 61173 |
| disabled children, adolescents, and adults; | 61174 |
| (2) The demonstrated quality, effectiveness, efficiency, and | 61175 |
| cultural relevance of the services provided in each service | 61176 |
| district, the extent to which any services are duplicative of | 61177 |
| other available services, and whether the services meet the needs | 61178 |
| identified above; | 61179 |
| (3) The adequacy of the board's accounting for the | 61180 |
| expenditure of funds. | 61181 |
| If the director disapproves all or part of any plan, the | 61182 |
| director shall provide the board an opportunity to present its | 61183 |
| position. The director shall inform the board of the reasons for | 61184 |
| the disapproval and of the criteria that must be met before the | 61185 |
| plan may be approved. The director shall give the board a | 61186 |
| reasonable time within which to meet the criteria, and shall offer | 61187 |
| technical assistance to the board to help it meet the criteria. | 61188 |
| If the approval of a plan remains in dispute thirty days | 61189 |
| prior to the conclusion of the fiscal year in which the board's | 61190 |
| current plan is scheduled to expire, the board or the director may | 61191 |
| request that the dispute be submitted to a mutually agreed upon | 61192 |
| third-party mediator with the cost to be shared by the board and | 61193 |
| the department. The mediator shall issue to the board and the | 61194 |
| department recommendations for resolution of the dispute. Prior to | 61195 |
| the conclusion of the fiscal year in which the current plan is | 61196 |
| scheduled to expire, the director, taking into consideration the | 61197 |
| recommendations of the mediator, shall make a final determination | 61198 |
| and approve or disapprove the plan, in whole or in part. | 61199 |
| Sec. 5120.09. Under the supervision and control of the | 61200 |
| director of rehabilitation and correction, the division of | 61201 |
| business administration shall do all of the following: | 61202 |
| (A) Submit the budgets for the several divisions of the | 61203 |
| department of rehabilitation and correction, as prepared by the | 61204 |
| respective chiefs of those divisions, to the director. The | 61205 |
| director, with the assistance of the chief of the division of | 61206 |
| business administration, shall compile a departmental budget that | 61207 |
| contains all proposals submitted by the chiefs of the divisions | 61208 |
| and shall forward the departmental budget to the governor with | 61209 |
| comments and recommendations that the director considers | 61210 |
| necessary. | 61211 |
| (B) Maintain accounts and records and compile statistics that | 61212 |
| the director prescribes; | 61213 |
| (C) Under the control of the director, coordinate and make | 61214 |
| the necessary purchases and requisitions for the department and | 61215 |
| its divisions, except as provided under section 5119.16 of the | 61216 |
| Revised Code; | 61217 |
| (D) Administer within this state federal criminal justice | 61218 |
| acts that the governor requires the department to administer. In | 61219 |
| order to improve the criminal justice system of this state, the | 61220 |
| division of business administration shall apply for, allocate, | 61221 |
| disburse, and account for grants that are made available pursuant | 61222 |
| to those federal criminal justice acts and grants that are made | 61223 |
| available from other federal government sources, state government | 61224 |
| sources, or private sources. As used in this division, "criminal | 61225 |
| justice system" and "federal criminal justice acts" have the same | 61226 |
| meanings as in section | 61227 |
| (E) Audit the activities of governmental entities, persons as | 61228 |
| defined in section 1.59 of the Revised Code, and other types of | 61229 |
| nongovernmental entities that are financed in whole or in part by | 61230 |
| funds that the department allocates or disburses and that are | 61231 |
| derived from grants described in division (D) of this section; | 61232 |
| (F) Enter into contracts, including contracts with federal, | 61233 |
| state, or local governmental entities, persons as defined in | 61234 |
| section 1.59 of the Revised Code, foundations, and other types of | 61235 |
| nongovernmental entities, that are necessary for the department to | 61236 |
| carry out its duties and that neither the director nor another | 61237 |
| section of the Revised Code authorizes another division of the | 61238 |
| department to enter; | 61239 |
| (G) Exercise other powers and perform other duties that the | 61240 |
| director may assign to the division of business administration. | 61241 |
| Sec. 5120.51. (A)(1) If the director of rehabilitation and | 61242 |
| correction determines that a bill introduced in the general | 61243 |
| assembly is likely to have a significant impact on the population | 61244 |
| of, or the cost of operating, any or all state correctional | 61245 |
| institutions under the administration of the department of | 61246 |
| rehabilitation and correction, the department shall prepare a | 61247 |
| population and cost impact statement for the bill, in accordance | 61248 |
| with division (A)(2) of this section. | 61249 |
| (2) A population and cost impact statement required for a | 61250 |
|
bill
| 61251 |
| correctional institution population that likely would result if | 61252 |
| the bill were enacted, shall estimate, in dollars, the amount by | 61253 |
| which revenues or expenditures likely would increase or decrease | 61254 |
| if the bill were enacted, and briefly shall explain each of the | 61255 |
| estimates. | 61256 |
| A population and cost impact statement required for a bill | 61257 |
| initially shall be prepared after the bill is referred to a | 61258 |
| committee of the general assembly in the house of origination but | 61259 |
| before the meeting of the committee at which the committee is | 61260 |
| scheduled to vote on whether to recommend the bill for passage. A | 61261 |
| copy of the statement shall be distributed to each member of the | 61262 |
| committee that is considering the bill and to the member of the | 61263 |
| general assembly who introduced it. If the bill is recommended for | 61264 |
| passage by the committee, the department shall update the | 61265 |
| statement before the bill is taken up for final consideration by | 61266 |
| the house of origination. A copy of the updated statement shall be | 61267 |
| distributed to each member of that house and to the member of the | 61268 |
| general assembly who introduced the bill. If the bill is passed by | 61269 |
| the house of origination and is introduced in the second house, | 61270 |
| the provisions of this division concerning the preparation, | 61271 |
| updating, and distribution of the statement in the house of | 61272 |
| origination also apply in the second house. | 61273 |
| (B) The governor or any member of the general assembly, at | 61274 |
| any time, may request the department to prepare a population and | 61275 |
| cost impact statement for any bill introduced in the general | 61276 |
| assembly. Upon receipt of a request, the department promptly shall | 61277 |
| prepare a statement that includes the estimates and explanations | 61278 |
| described in division (A)(2) of this section and present a copy of | 61279 |
| it to the governor or member who made the request. | 61280 |
| (C) In the preparation of a population and cost impact | 61281 |
| statement required by division (A) or (B) of this section, the | 61282 |
| department shall use a technologically sophisticated system | 61283 |
| capable of estimating future state correctional institution | 61284 |
| populations. The system shall have the capability to adjust its | 61285 |
| estimates based on actual and proposed changes in sentencing laws | 61286 |
| and trends, sentence durations, parole rates, crime rates, and any | 61287 |
| other data that affect state correctional institution populations. | 61288 |
| The department, in conjunction with the advisory committee | 61289 |
| appointed under division (E) of this section, shall review and | 61290 |
| update the data used in the system, not less than once every six | 61291 |
| months, to improve the accuracy of the system. | 61292 |
| (D) At least once every six months, the department shall | 61293 |
| provide to the correctional institution inspection committee a | 61294 |
| copy of the estimates of state correctional institution | 61295 |
| populations obtained through use of the system described in | 61296 |
| division (C) of this section and a description of the assumptions | 61297 |
| regarding sentencing laws and trends, sentence durations, parole | 61298 |
| rates, crime rates, and other relevant data that were made by the | 61299 |
| department to obtain the estimates. Additionally, a copy of the | 61300 |
| estimates and a description of the assumptions made to obtain them | 61301 |
| shall be provided, upon reasonable request, to other legislative | 61302 |
| staff, including the staff of the legislative service commission | 61303 |
| 61304 | |
| 61305 | |
| 61306 | |
| public safety. | 61307 |
| (E) The correctional institution inspection committee shall | 61308 |
| appoint an advisory committee to review the operation of the | 61309 |
| system for estimating future state correctional institution | 61310 |
| populations that is used by the department in the preparation of | 61311 |
| population cost impact statements pursuant to this section and to | 61312 |
| join with the department in its reviews and updating of the data | 61313 |
| used in the system under division (C) of this section. The | 61314 |
| advisory committee shall be comprised of at least one prosecuting | 61315 |
| attorney, at least one common pleas court judge, at least one | 61316 |
| public defender, at least one person who is a member or staff | 61317 |
| employee of the committee, and at least one representative of the | 61318 |
| 61319 | |
| public safety. | 61320 |
| | 61321 |
| 5121.01 to 5121.21 of the Revised Code: | 61322 |
| (A) | 61323 |
| 61324 | |
| 61325 |
| | 61326 |
| the department of mental retardation and developmental | 61327 |
|
disabilities, whichever provides care or treatment to the
| 61328 |
| recipient or resident. | 61329 |
| | 61330 |
| or other facility pursuant to Chapter 5123. of the Revised Code | 61331 |
| who is under observation or receiving habilitation and care in an | 61332 |
| institution for the mentally retarded. | 61333 |
| (C) "Community mental health services recipient" or | 61334 |
| "recipient" means a person receiving state-operated community | 61335 |
| mental health services. | 61336 |
| (D) "State-operated community mental health services" means | 61337 |
| community-based services the department of mental health operates | 61338 |
| for a board of alcohol, drug addiction, and mental health services | 61339 |
| pursuant to a community mental health plan approved under division | 61340 |
| (A)(1)(c) of section 340.03 of the Revised Code. | 61341 |
| (E) "Applicable cost" means the rate for support applicable | 61342 |
| to a
| 61343 |
| section. | 61344 |
| The cost for support of | 61345 |
|
in institutions under the jurisdiction of | 61346 |
| 61347 | |
| disabilities, and of residents in private facilities or homes | 61348 |
| whose care or treatment is being paid for by the department of | 61349 |
| mental retardation and developmental disabilities, shall be based | 61350 |
| on the average per capita cost of the care and treatment of such | 61351 |
| 61352 | |
| 61353 | |
| the projected
average daily per capita cost at the | 61354 |
| institution, or at the discretion of the department under the | 61355 |
| jurisdiction of
which the | 61356 |
| subunit thereof in which services are provided. Such costs shall | 61357 |
| be computed at least annually for the next prospective period | 61358 |
| using generally accepted governmental accounting principles. The | 61359 |
| cost of services for mentally retarded residents that are being | 61360 |
| cared for and maintained in a private facility or home under the | 61361 |
| supervision of the department of mental retardation and | 61362 |
| developmental disabilities regional offices and for which a | 61363 |
| purchase of services contract is being paid to the private | 61364 |
| facility or home by the department shall not be more than the per | 61365 |
| diem cost of the contract. The cost of services for a resident | 61366 |
| receiving pre-admission care, after-care, day-care, or routine | 61367 |
| consultation and treatment services in a community service unit | 61368 |
|
under the jurisdiction of the department | 61369 |
| basis of the average cost of such services at the institution at | 61370 |
| which they are provided. | 61371 |
| The cost for support of a | 61372 |
| state-operated community mental health services is an amount | 61373 |
| determined using guidelines the department of mental health shall | 61374 |
| issue. The guidelines shall be based on cost-findings and | 61375 |
| rate-settings applicable to such services. | 61376 |
| The appropriate department shall annually determine the | 61377 |
| ability to pay of a
| 61378 |
| 61379 | |
| amount that such person shall pay in accordance with section | 61380 |
| 5121.04 of the Revised Code. | 61381 |
| Collections of support payments shall be made by the | 61382 |
| department of mental health and the department of mental | 61383 |
| retardation and developmental disabilities and, subject to meeting | 61384 |
| prior requirements for payment and crediting of such collections | 61385 |
| and other available receipts, in accordance with the bond | 61386 |
| proceedings applicable to obligations issued pursuant to section | 61387 |
| 154.20 of the Revised Code, such collections and other available | 61388 |
| receipts designated by the director of the department of mental | 61389 |
| health and the director of the department of mental retardation | 61390 |
| and developmental disabilities for deposit in the special | 61391 |
| accounts, together with insurance contract payments provided for | 61392 |
| in division (B)(8) of section 5121.04 of the Revised Code, shall | 61393 |
| be remitted to the treasurer of state for deposit in the state | 61394 |
| treasury to the credit of the mental health operating fund and the | 61395 |
| mental retardation operating fund, which are hereby created, to be | 61396 |
| used for the general purposes of the department of mental health | 61397 |
| and the department of mental retardation and developmental | 61398 |
| disabilities. The department of mental health shall make refunds | 61399 |
| of overpayment of support charges from the mental health operating | 61400 |
| fund, and the department of mental retardation and developmental | 61401 |
| disabilities shall make refunds of overpayment of support charges | 61402 |
| from the mental retardation operating fund. | 61403 |
| | 61404 |
| 61405 | |
| Chapter 5123. of the Revised Code shall be maintained at the | 61406 |
| expense of the state. Their traveling and incidental expenses in | 61407 |
| conveying them to the institution or facility shall be paid by the | 61408 |
| county of
commitment.
Upon admission, the | 61409 |
| shall be neatly and comfortably clothed. Thereafter, the expense | 61410 |
| of necessary clothing shall be borne by the responsible relatives | 61411 |
| or guardian if they are financially able. If not furnished, the | 61412 |
| state shall bear the expense. Any required traveling expense after | 61413 |
| admission to the institution or facility shall be borne by the | 61414 |
| state if the responsible relatives or guardian are unable to do | 61415 |
| so. | 61416 |
| | 61417 |
|
institution under the jurisdiction of | 61418 |
| 61419 | |
| disabilities pursuant to judicial proceedings, the judge ordering | 61420 |
| such commitment shall: | 61421 |
| (A) Make a reliable report on the financial condition of such | 61422 |
| person and of each of the relatives of the person who are liable | 61423 |
| for | 61424 |
| the
Revised Code and rules and procedures agreed upon by | 61425 |
| 61426 | |
| and developmental disabilities; | 61427 |
| (B) Certify to the managing officer of such institution, and | 61428 |
| the managing officer shall thereupon enter upon | 61429 |
| officer's records the name and address of any guardian appointed | 61430 |
| and of any relative liable for such person's support under section | 61431 |
| 5121.06 of the Revised Code. | 61432 |
| Sec. 5121.04. (A) The | 61433 |
| department of mental retardation and developmental disabilities | 61434 |
|
shall investigate the financial condition of the | 61435 |
| 61436 | |
| treatment is being paid for in a private facility or home under | 61437 |
| the control of the department of mental retardation and | 61438 |
| developmental disabilities, and of the relatives named in section | 61439 |
| 5121.06 of the Revised Code as liable for the support of such | 61440 |
| 61441 | |
| 61442 | |
| support of
the
| 61443 |
| clothing as required by the superintendent of the institution. | 61444 |
| The department of mental health shall investigate the | 61445 |
|
financial
condition of | 61446 |
| 61447 | |
| recipients to determine
the | 61448 |
| ability to pay for the | 61449 |
| cases, in determining ability to pay and the amount to be charged, | 61450 |
| due regard shall be had for others who may be dependent for | 61451 |
| support
upon such relatives or the estate of the
| 61452 |
| recipient. | 61453 |
| (B) The department shall follow the provisions of this | 61454 |
|
division in determining the ability to pay of a | 61455 |
|
resident or recipient or the | 61456 |
| recipient's liable relatives and the amount to be charged such | 61457 |
| 61458 |
| (1) Subject to divisions (B)(10) and (11) of this section, a | 61459 |
| 61460 | |
| liable for the
full applicable
cost. A | 61461 |
| recipient without dependents who has a gross annual income equal | 61462 |
| to or exceeding the sum of the full applicable cost, plus fifty | 61463 |
| dollars per month, regardless of the source of such income, shall | 61464 |
| pay currently the full amount of the applicable cost; if the | 61465 |
| 61466 | |
| than such sum, not more than fifty dollars per month shall be kept | 61467 |
| for personal
use by or on behalf of the
| 61468 |
| recipient, except as permitted in the state plan for providing | 61469 |
| medical assistance under Title XIX of the "Social Security Act," | 61470 |
| 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the balance | 61471 |
| shall be paid
currently on the | 61472 |
| recipient's support. Subject to divisions (B)(10) and (11) of this | 61473 |
|
section,
the estate of a | 61474 |
| dependents shall pay currently any remaining difference between | 61475 |
| the applicable cost and the amounts prescribed in this section, or | 61476 |
| shall execute an agreement with the department for payment to be | 61477 |
| made at some future date under terms suitable to the department. | 61478 |
| However, no security interest, mortgage, or lien shall be taken, | 61479 |
|
granted, or
charged against any principal residence of a | 61480 |
| 61481 | |
| otherwise to secure support payments, and no foreclosure actions | 61482 |
| shall be taken on security interests, mortgages, or liens taken, | 61483 |
| granted,
or charged
against principal residences of | 61484 |
| residents or recipients prior to October 7, 1977. | 61485 |
| (2) The ability to pay of a | 61486 |
| with
dependents, or of a liable relative of a | 61487 |
| or recipient either with or without dependents, shall be | 61488 |
| determined in
accordance with the | 61489 |
| recipient's, or liable relative's income or other assets, the | 61490 |
| needs of others who are dependent on such income and other assets | 61491 |
| for support, and, if applicable, divisions (B)(10) and (11) of | 61492 |
| this section. | 61493 |
| For the first thirty days of care and treatment of each | 61494 |
| admission and for the first thirty days of care and treatment from | 61495 |
| state-operated community mental health services, but in no event | 61496 |
|
for more
than thirty days in any
calendar year, the | 61497 |
| 61498 | |
| or the
liable relative of a | 61499 |
| 61500 | |
| shall be charged an amount equal to the percentage of the average | 61501 |
| applicable cost determined in accordance with the schedule of | 61502 |
| adjusted gross annual income contained after this paragraph. After | 61503 |
| such first
thirty days of care and treatment,
such | 61504 |
| 61505 | |
| relative shall be charged an amount equal to the percentage of a | 61506 |
| base support rate
of four dollars per day for
| 61507 |
| 61508 | |
| determined in accordance with the schedule of gross annual income | 61509 |
| contained after this paragraph, or in accordance with division | 61510 |
| (B)(5) of this section. Beginning January 1, 1978, the department | 61511 |
| shall increase the base rate when the consumer price index average | 61512 |
| is more than 4.0 for the preceding calendar year by not more than | 61513 |
| the average for such calendar year. | 61514 |
| Adjusted Gross Annual | 61515 | ||
| Income of Patient or Resident | 61516 | ||
| or Liable Relative (FN a) | Number of Dependents (FN b) | 61517 |
| 8 or | 61518 | |||||||||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | more | 61519 | ||
| Rate of Support (In Percentages) | 61520 | |||||||||
| $15,000 or less | -- | -- | -- | -- | -- | -- | -- | -- | 61521 | |
| 15,001 to 17,500 | 20 | -- | -- | -- | -- | -- | -- | -- | 61522 | |
| 17,501 to 20,000 | 25 | 20 | -- | -- | -- | -- | -- | -- | 61523 | |
| 20,001 to 21,000 | 30 | 25 | 20 | -- | -- | -- | -- | -- | 61524 | |
| 21,001 to 22,000 | 35 | 30 | 25 | 20 | -- | -- | -- | -- | 61525 | |
| 22,001 to 23,000 | 40 | 35 | 30 | 25 | 20 | -- | -- | -- | 61526 | |
| 23,001 to 24,000 | 45 | 40 | 35 | 30 | 25 | 20 | -- | -- | 61527 | |
| 24,001 to 25,000 | 50 | 45 | 40 | 35 | 30 | 25 | 20 | -- | 61528 | |
| 25,001 to 26,000 | 55 | 50 | 45 | 40 | 35 | 30 | 25 | 20 | 61529 | |
| 26,001 to 27,000 | 60 | 55 | 50 | 45 | 40 | 35 | 30 | 25 | 61530 | |
| 27,001 to 28,000 | 70 | 60 | 55 | 50 | 45 | 40 | 35 | 30 | 61531 | |
| 28,001 to 30,000 | 80 | 70 | 60 | 55 | 50 | 45 | 40 | 35 | 61532 | |
| 30,001 to 40,000 | 90 | 80 | 70 | 60 | 55 | 50 | 45 | 40 | 61533 | |
| 40,001 and over | 100 | 90 | 80 | 70 | 60 | 55 | 50 | 45 | 61534 | |
| Footnote a. The | 61535 |
| shall
furnish a copy of the | 61536 |
| relative's federal income tax return as evidence of gross annual | 61537 |
| income. | 61538 |
| Footnote b. The number of dependents includes the liable | 61539 |
|
relative but excludes | 61540 |
| an institution. "Dependent" includes any person who receives more | 61541 |
|
than half the person's support from the | 61542 |
| recipient, or
the | 61543 |
| relative. | 61544 |
| (3) A | 61545 |
| having medical, funeral, or related expenses in excess of four per | 61546 |
| cent of the adjusted gross annual income, which expenses were not | 61547 |
| covered by insurance, may adjust such gross annual income by | 61548 |
| reducing the adjusted gross annual income by the full amount of | 61549 |
| such expenses. Proof of such expenses satisfactory to the | 61550 |
| department must be furnished. | 61551 |
| (4) Additional dependencies may be claimed if: | 61552 |
| (a) The liable relative is blind; | 61553 |
| (b) The liable relative is over sixty-five; | 61554 |
| (c) A child is a college student with expenses in excess of | 61555 |
| fifty dollars per month; | 61556 |
| (d) The services of a housekeeper, costing in excess of fifty | 61557 |
| dollars per month, are required if the person who normally keeps | 61558 |
| house for minor children is the | 61559 |
| (5) If with respect to any | 61560 |
| with dependents there is chargeable under division (B)(2) of this | 61561 |
| section less than fifty per cent of the applicable cost or, if the | 61562 |
| base support rate was used, less than fifty per cent of the amount | 61563 |
| determined by use of the base support rate, and if with respect to | 61564 |
|
such | 61565 |
| who has an estate having a value in excess of fifteen thousand | 61566 |
|
dollars or if
such | 61567 |
| dependent and an estate having a value in excess of fifteen | 61568 |
| thousand dollars,
there shall be paid
with respect to such | 61569 |
| 61570 | |
| applicable cost or the base support rate amount, as the case may | 61571 |
| be, on a current basis or there shall be executed with respect to | 61572 |
| such | 61573 |
| department for payment to be made at some future date under terms | 61574 |
| suitable to the department. | 61575 |
| (6) When a person has been a | 61576 |
| for fifteen years and the support charges for which a relative is | 61577 |
| liable have been paid for the fifteen-year period, the liable | 61578 |
| relative shall be relieved of any further support charges. | 61579 |
| (7) The department shall accept voluntary payments from | 61580 |
| 61581 | |
| incomes are below the minimum shown in the schedule set forth in | 61582 |
| this division. The department also shall accept voluntary payments | 61583 |
| in excess of required amounts from both liable and nonliable | 61584 |
| relatives. | 61585 |
| (8) If a | 61586 |
| insurance policy, or other contract that provides for payment of | 61587 |
| expenses for care and treatment for mental illness or mental | 61588 |
| retardation
at
or from an institution | 61589 |
| 61590 | |
| department), or state-operated community mental health service, | 61591 |
| the other provisions of this section, except divisions (B)(8), | 61592 |
|
(10), and
(11) of this section, and of section | 61593 |
| the Revised Code shall be suspended to the extent that such | 61594 |
| insurance policy or
other
contract is in force, and such | 61595 |
| 61596 | |
| applicable cost. Any insurance carrier or other third party payor | 61597 |
| providing coverage for such care and treatment shall pay for this | 61598 |
| support obligation in an amount equal to the lesser of either the | 61599 |
| applicable cost or the benefits provided under the policy or other | 61600 |
| contract. Whether or not an insured, owner of, or other person | 61601 |
| having an interest in such policy or other contract is liable for | 61602 |
| support payments under other provisions of this chapter, the | 61603 |
| insured, policy owner, or other person shall assign payment | 61604 |
| directly to the department of all assignable benefits under the | 61605 |
| policy or other contract and shall pay over to the department, | 61606 |
| within ten days of receipt, all insurance or other benefits | 61607 |
| received as reimbursement or payment for expenses incurred by the | 61608 |
| 61609 | |
| insured, policy owner, or other person refuses to assign such | 61610 |
| payment to the department or refuses to pay such received | 61611 |
| reimbursements or payments over to the department within ten days | 61612 |
| of receipt, the insured's, policy owners', or other person's total | 61613 |
| liability for the services equals the applicable statutory | 61614 |
| liability for payment for the services as determined under other | 61615 |
| provisions of this chapter, plus the amounts payable under the | 61616 |
| terms of the policy or other contract. In no event shall this | 61617 |
| total liability exceed the full amount of the applicable cost. | 61618 |
| Upon its request, the department is entitled to a court order that | 61619 |
| compels the insured, owner of, or other person having an interest | 61620 |
| in the policy or other contract to comply with the assignment | 61621 |
| requirements of this division or that itself serves as a legally | 61622 |
| sufficient assignment in compliance with such requirements. | 61623 |
| Notwithstanding section 5122.31 of the Revised Code and any other | 61624 |
| law relating to confidentiality of records, the managing officer | 61625 |
| of the institution or facility where a person is or has been a | 61626 |
| 61627 | |
| community
mental health services from which the
| 61628 |
| receives services, shall disclose pertinent medical information | 61629 |
|
concerning the | 61630 |
| carrier or other third party payor in question, in order to effect | 61631 |
| collection from the carrier or payor of the state's claim for care | 61632 |
| and treatment under this division. For such disclosure, the | 61633 |
| managing officer is not subject to any civil or criminal | 61634 |
| liability. | 61635 |
| (9) The rate to be charged for pre-admission care, | 61636 |
| after-care, day-care, or routine consultation and treatment | 61637 |
|
services shall be based upon the ability of the | 61638 |
|
resident or the | 61639 |
| When it is determined by the department that a charge shall be | 61640 |
| made, such charge shall be computed as provided in divisions | 61641 |
| (B)(1) and (2) of this section. | 61642 |
| (10) If a | 61643 |
| dependents is the beneficiary of a trust created pursuant to | 61644 |
| section 1339.51 of the Revised Code, then, notwithstanding any | 61645 |
| contrary provision of this chapter or of a rule adopted pursuant | 61646 |
| to this chapter, divisions (C) and (D) of that section shall apply | 61647 |
| in determining
the assets or resources of the | 61648 |
| the recipient, the
| 61649 |
| the settlor, or the settlor's estate and to claims arising under | 61650 |
| this chapter
against the
| 61651 |
| 61652 | |
| settlor's estate. | 61653 |
| (11) If the department of mental retardation and | 61654 |
| developmental disabilities waives the liability of an individual | 61655 |
| and the individual's liable relatives pursuant to section 5123.194 | 61656 |
| of the Revised Code, the liability of the individual and relative | 61657 |
| ceases in accordance with the waiver's terms. | 61658 |
| (C) The department may enter into agreements with a
| 61659 |
| 61660 | |
| payments to be made in the future. However, no security interest, | 61661 |
| mortgage, or lien shall be taken, granted, or charged against any | 61662 |
| principal
family
residence of a | 61663 |
| with dependents or a liable relative under an agreement or | 61664 |
| otherwise to secure support payments, and no foreclosure actions | 61665 |
| shall be taken on security interests, mortgages or liens taken, | 61666 |
| granted, or charged against
principal residences of | 61667 |
| residents, recipients, or liable relatives prior to October 7, | 61668 |
| 1977. | 61669 |
| (D) The department shall make all investigations and | 61670 |
| determinations required by this section within ninety days after a | 61671 |
| 61672 | |
|
department's control or a | 61673 |
| state-operated community mental health services, and immediately | 61674 |
| shall notify by mail the persons liable of the amount to be | 61675 |
| charged. | 61676 |
| (E) All actions to enforce the collection of payments agreed | 61677 |
| upon or charged by the department shall be commenced within six | 61678 |
| years after the date of default of an agreement to pay support | 61679 |
| charges or the date such payment becomes delinquent. If a payment | 61680 |
| is made pursuant to an agreement which is in default, a new | 61681 |
| six-year period for actions to enforce the collection of payments | 61682 |
| under such agreement shall be computed from the date of such | 61683 |
| payment. For purposes of this division an agreement is in default | 61684 |
| or a payment is delinquent if a payment is not made within thirty | 61685 |
| days after it is incurred or a payment, pursuant to an agreement, | 61686 |
| is not made within thirty days after the date specified for such | 61687 |
| payment. In all actions to enforce the collection of payment for | 61688 |
| the liability for support, every court of record shall receive | 61689 |
| into evidence the proof of claim made by the state together with | 61690 |
| all debts and credits, and it shall be prima-facie evidence of the | 61691 |
| facts contained in it. | 61692 |
| Sec. 5121.05. The department of mental health and the | 61693 |
| department of mental retardation and developmental disabilities | 61694 |
| may subpoena witnesses, take testimony under oath, and examine any | 61695 |
| public records relating to the income and other assets of a | 61696 |
| 61697 | |
| 61698 | |
| conclusions, and recommendations shall be submitted to the | 61699 |
| department by the investigating agent of the department. The | 61700 |
| department shall determine the amount of support to be paid, by | 61701 |
| whom, and whether clothing shall be furnished by the relatives or | 61702 |
| guardian. | 61703 |
| Sec. 5121.06. (A) The following persons other than the | 61704 |
| 61705 | |
| or recipient's estate are liable relatives and all the following | 61706 |
| persons are jointly and severally liable for the support of a | 61707 |
| 61708 | |
| of | 61709 |
| retardation and developmental disabilities or for the support of a | 61710 |
| 61711 | |
| health services: | 61712 |
| (1) The | 61713 |
| 61714 |
| (2) The | 61715 |
| (3) The father or mother, or both, of a minor | 61716 |
| resident or recipient under the age of eighteen years. | 61717 |
| (B) The department shall determine, pursuant to section | 61718 |
| 5121.04 of the Revised Code, the amount to be charged each such | 61719 |
| liable person in the order named in this section, but shall not | 61720 |
| collect from any person more than one hundred per cent of the | 61721 |
| applicable cost. | 61722 |
| (C) An action to collect delinquent payments or to enforce | 61723 |
| agreements in default may be brought against any or all persons | 61724 |
|
named in this section. To the extent parents of adult | 61725 |
| residents or recipients, pursuant to the language of this section | 61726 |
| previously in force, incurred charges for the support of such | 61727 |
| 61728 | |
| birthday of such | 61729 |
| 1975, their liability for such period may be cancelled, | 61730 |
| compromised, or settled as provided in section 5121.07 of the | 61731 |
| Revised Code. | 61732 |
| (D) Irrespective of the number of | 61733 |
| recipients whose care might be chargeable against a liable | 61734 |
| relative, no individual liable relative nor any group of liable | 61735 |
| relatives who are members of the same family unit shall be charged | 61736 |
| with the
support of more than one | 61737 |
| during the same period of time, and different periods of time for | 61738 |
| which such liable relative has paid the charges for such different | 61739 |
| 61740 | |
| added together for the purpose of completing the maximum | 61741 |
| fifteen-year period of liability of such liable relative under | 61742 |
| division (B)(6) of section 5121.04 of the Revised Code. | 61743 |
| Sec. 5121.061. The authority of the department of mental | 61744 |
| health or the department of mental retardation and developmental | 61745 |
| disabilities to modify support charges pursuant to section 5121.04 | 61746 |
| of the Revised Code shall not be
exercised until the | 61747 |
| resident, recipient, or liable relative has petitioned the | 61748 |
| department for modification as provided in section 5121.07 of the | 61749 |
| Revised Code and has offered to the department satisfactory proof | 61750 |
| of | 61751 |
| and assets. The department may modify the charges if its | 61752 |
| investigation warrants such modification. | 61753 |
| Sec. 5121.07. Any person who has been charged with the | 61754 |
| payment of the support
of a | 61755 |
| institution; for pre-admission care, after-care, day-care, or | 61756 |
| routine consultation and treatment services in a community service | 61757 |
| unit under the control of | 61758 |
| department of mental retardation and developmental disabilities; | 61759 |
| or for the cost of state-operated community mental health services | 61760 |
| may petition the department for a release from, or modification | 61761 |
| of, such charge, and the department, after an investigation, may | 61762 |
| cancel or modify such former charge, or may cancel, compromise, or | 61763 |
| settle any accrued liability in an amount not exceeding five | 61764 |
| thousand dollars. Amounts in excess thereof may be canceled, | 61765 |
| compromised, or settled as provided in section 131.02 of the | 61766 |
| Revised Code. The department may for due cause increase the amount | 61767 |
| previously ordered paid. | 61768 |
| Sec. 5121.08. The managing officers of the benevolent | 61769 |
| institutions under the
control of | 61770 |
| 61771 | |
| disabilities, the managing officers of state-operated community | 61772 |
| mental health services, and the committing court, if requested, | 61773 |
| shall submit to the department such information as they may obtain | 61774 |
|
concerning the financial condition of any | 61775 |
| recipient, or of relatives
liable for the | 61776 |
| or recipient's support. | 61777 |
| Sec. 5121.09. In case the estate of any | 61778 |
| in a
benevolent
institution under the jurisdiction of | 61779 |
| 61780 | |
| retardation and developmental disabilities or
| 61781 |
| of state-operated community mental health services is sufficient | 61782 |
|
for the | 61783 |
| hardship to any others who may be dependent thereon, and no | 61784 |
| guardian has been appointed for such estate, the agent of the | 61785 |
| department shall petition the probate court of the proper county | 61786 |
| to appoint a guardian. | 61787 |
| Sec. 5121.10. Upon the death of a person who is a | 61788 |
| resident | 61789 |
|
institution under the jurisdiction of | 61790 |
| 61791 | |
| disabilities or of a person who is a recipient or has been a | 61792 |
| recipient of state-operated community mental health services, or | 61793 |
| 61794 | |
| the Revised Code for the support of a | 61795 |
| recipient, the department may waive the presentation of any claim | 61796 |
| for support against the estate of such decedent, when in its | 61797 |
| judgment an otherwise dependent person will be directly benefited | 61798 |
| by the estate. Claims against an estate for support of
a | 61799 |
| 61800 | |
| Chapter 2117. of the Revised Code, and shall be treated, and may | 61801 |
| be barred, the same as the claims of other creditors of the | 61802 |
| estate, pursuant to that section or chapter. | 61803 |
| The department may accept from a guardian or trustee of a | 61804 |
| 61805 | |
| state from the property of the guardian's or trustee's ward before | 61806 |
| or at the death of the ward a fixed annual amount for the support | 61807 |
| of the ward while the
ward is a
| 61808 |
| with interest at four per cent per annum. A copy of the contract | 61809 |
| shall be filed in the probate court of the proper county and duly | 61810 |
| entered as a part of the records concerning the ward. | 61811 |
| Sec. 5121.11. The state shall bear the expense of the burial | 61812 |
| or
cremation of an indigent
| 61813 |
| 61814 | |
| mentally retarded | 61815 |
| body is not claimed for interment or cremation at the expense of | 61816 |
|
friends or
relatives | 61817 |
| or for the study of embalming in accordance with section 1713.34 | 61818 |
| of the Revised Code. The managing officer of the institution shall | 61819 |
| provide at the grave of the person or, if the person's cremated | 61820 |
| remains are buried, at the grave of the person's cremated remains, | 61821 |
| a metal, stone, or concrete marker on which shall be inscribed the | 61822 |
| name and age of the person and the date of death. | 61823 |
| Sec. 5121.12. The support and maintenance of | 61824 |
| 61825 | |
| confined in state institutions for the mentally retarded, | 61826 |
| including those transferred to them from state correctional | 61827 |
| institutions, and also including persons under indictment or | 61828 |
| conviction for crime, shall be collected and paid in accordance | 61829 |
| with this chapter. | 61830 |
| Sec. 5121.21. | 61831 |
| under the provisions of Chapter 5121. of the Revised Code is made | 61832 |
|
on account of a | 61833 |
| relative, as defined in division (A) of section 5121.06 of the | 61834 |
| Revised Code, such relative may recover the following amounts from | 61835 |
| the following persons; provided, that in no event may such | 61836 |
| relative recover in total more than such relative has paid the | 61837 |
| state, and provided, that in no event is the person from whom | 61838 |
| recovery is sought obliged to pay at a rate of support higher than | 61839 |
| such person would have paid had the state proceeded directly | 61840 |
| against such person: | 61841 |
| | 61842 |
|
resident or recipient, | 61843 |
| or from the
executor or administrator of
the | 61844 |
| resident's or recipient's estate, the full amount of payment made | 61845 |
| by such liable relative. | 61846 |
| | 61847 |
|
resident's | 61848 |
| of payment made by such liable relative. | 61849 |
| | 61850 |
| may recover
from such minor | 61851 |
| father the full amount of payment made by such mother. | 61852 |
| | 61853 |
|
resident's or recipient's spouse | 61854 |
| 61855 | |
| such | 61856 |
| 61857 | |
|
5121.06 of the Revised Code | 61858 |
| such liable relative; provided, that there may be recovered from | 61859 |
|
each such | 61860 |
| total payment as the figure one bears to the total number of such | 61861 |
| adult
| 61862 |
| | 61863 |
| may recover
from an adult | 61864 |
| father the full amount of payment made by such mother. | 61865 |
| Sec. 5121.30. As used in sections 5121.30 to 5121.55 of the | 61866 |
| Revised Code: | 61867 |
| (A) "Countable assets" means all of the following: | 61868 |
| (1) Cash; | 61869 |
| (2) Bank deposits; | 61870 |
| (3) Securities; | 61871 |
| (4) Individual retirement accounts; | 61872 |
| (5) Qualified employer plans, including 401(k) and Keogh | 61873 |
| plans; | 61874 |
| (6) Pension funds; | 61875 |
| (7) Annuities; | 61876 |
| (8) Funds in a trust created under section 1339.51 of the | 61877 |
| Revised Code; | 61878 |
| (9) Investment property and income; | 61879 |
| (10) The cash surrender values of life insurance policies; | 61880 |
| (11) Assets acquired by gift, bequest, devise, or | 61881 |
| inheritance; | 61882 |
| (12) Any other asset determined by the department of mental | 61883 |
| health to be equivalent to the assets enumerated in this division. | 61884 |
| (B) "Federal poverty level" or "FPL" means the income level | 61885 |
| represented by the poverty guidelines as revised annually by the | 61886 |
| United States department of health and human services in | 61887 |
| accordance with section 673(2) of the "Omnibus Reconciliation Act | 61888 |
| of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family | 61889 |
| size equal to the size of the family of the person whoseincome is | 61890 |
| being determined. | 61891 |
| (C) "Federal poverty guidelines" means the poverty guidelines | 61892 |
| as revised annually by the United States department of health and | 61893 |
| human services in accordance with section 673(2) of the "Omnibus | 61894 |
| Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, | 61895 |
| as amended, for a family size equal to the size of the family of | 61896 |
| the person whose income is being determined. | 61897 |
| (D) "Hospital" means an institution, hospital, or other place | 61898 |
| established, controlled, or supervised by the department under | 61899 |
| Chapter 5119. of the Revised Code. | 61900 |
| (E) "Liable relative" means both of the following: | 61901 |
| (1) A patient's spouse; | 61902 |
| (2) A patient's mother or father, or both, if the patient is | 61903 |
| under eighteen years of age. | 61904 |
| (F) "Patient" means a person admitted to a hospital for | 61905 |
| inpatient care or treatment. | 61906 |
| Sec. 5121.31. All patients shall be maintained at the expense | 61907 |
| of the state. The traveling and incidental expenses in conveying | 61908 |
| them to a hospital shall be paid by the county of commitment. On | 61909 |
| admission, patients shall be neatly and comfortably clothed. | 61910 |
| Thereafter, the expense of necessary clothing shall be borne by | 61911 |
| the responsible relatives or guardian if they are financially | 61912 |
| able. If not furnished, the state shall bear the expense. Any | 61913 |
| required traveling expense after admission to the hospital shall | 61914 |
| be borne by the state if the responsible relatives or guardian is | 61915 |
| unable to do so. | 61916 |
| Sec. 5121.32. On an annual basis, the department of mental | 61917 |
| health shall determine both of the following using generally | 61918 |
| accepted governmental accounting principles: | 61919 |
| (A) The applicable per diem charge for each hospital operated | 61920 |
| by the department; | 61921 |
| (B) The ancillary per diem rate for each hospital operated by | 61922 |
| the department. | 61923 |
| In determining a hospital's applicable per diem charge and | 61924 |
| ancillary per diem rate, the department shall consider the average | 61925 |
| actual per diem cost of maintaining and treating a patient at the | 61926 |
| hospital or, at the department's discretion, the average actual | 61927 |
| per diem cost of maintaining and treating a patient in a unit of | 61928 |
| the hospital. | 61929 |
| Sec. 5121.33. Except as provided in sections 5121.35, | 61930 |
| 5121.43, 5121.46, 5121.47, 5121.49, and 5121.52 of the Revised | 61931 |
| Code, the department of mental health shall, for each billing | 61932 |
| cycle, charge a patient, patient's estate, or liable relative an | 61933 |
| amount equal to the sum of the following: | 61934 |
| (A) The applicable per diem charge multiplied by the number | 61935 |
| of days the patient was admitted to the hospital; | 61936 |
| (B) An amount that was previously billed but not paid. | 61937 |
| Sec. 5121.34. A patient, patient's estate, and patient's | 61938 |
| liable relatives shall be jointly and severally liable for amounts | 61939 |
| charged by the department of mental health in accordance with | 61940 |
| sections 5121.33 and 5121.35 of the Revised Code. In no case shall | 61941 |
| any of the foregoing persons be liable for more than one hundred | 61942 |
| per cent of any amount charged. | 61943 |
| Sec. 5121.35. The department of mental health shall charge a | 61944 |
| patient, patient's estate, or liable relative an amount discounted | 61945 |
| from the amount the department charges under section 5121.33 of | 61946 |
| the Revised Code if the department determines through the | 61947 |
| application process described in section 5121.36 of the Revised | 61948 |
| Code or through the financial assessment process described in | 61949 |
| section 5121.37 of the Revised Code that the patient, estate, or | 61950 |
| relative is eligible for a discount. | 61951 |
| Sec. 5121.36. (A) A patient, patient's estate, or liable | 61952 |
| relative may apply for a discount by completing an application | 61953 |
| form the director of mental health specifies in rules adopted | 61954 |
| under section 5121.55 of the Revised Code. The department of | 61955 |
| mental health may require a patient, estate, or relative to | 61956 |
| furnish any of the following with an application form: | 61957 |
| (1) A copy of the patient's, estate's, or liable relative's | 61958 |
| federal income tax return for the year preceding the date of | 61959 |
| application or, if that is not yet available, the preceding year; | 61960 |
| (2) A copy of the patient's, estate's, or liable relative's | 61961 |
| employee tax withholding return (form W-2) for the year preceding | 61962 |
| the date of application. | 61963 |
| (B) To be considered, an application must be submitted to the | 61964 |
| department not later than one hundred twenty days after the date | 61965 |
| the patient is admitted to a hospital. | 61966 |
| (C) From the information provided by a patient, estate, or | 61967 |
| relative, the department shall determine whether the department | 61968 |
| will charge the person a discounted amount in accordance with | 61969 |
| sections 5121.40 and 5121.41 of the Revised Code. In making this | 61970 |
| determination, the department shall consider whether the patient | 61971 |
| is covered by an insurance policy or other contract that provides | 61972 |
| for payment of expenses and treatment for mental illness. If the | 61973 |
| department determines that the patient has coverage, the | 61974 |
| department shall require payment in accordance with section | 61975 |
| 5121.43 of the Revised Code. | 61976 |
| (D) The department shall notify the person who submitted the | 61977 |
| application form in writing regarding whether that person will be | 61978 |
| charged a discounted amount and the per diem rate to be charged. | 61979 |
| (E) In accordance with section 5121.42 of the Revised Code, | 61980 |
| the department may, at any time, modify an amount charged or | 61981 |
| change the per diem rate to be charged if the department learns of | 61982 |
| countable assets or income that was not previously disclosed or | 61983 |
| was acquired after the application form was submitted. Within a | 61984 |
| reasonable time, the department shall notify in writing any person | 61985 |
| affected by a modification or change. | 61986 |
| Sec. 5121.37. After a patient's admittance to a hospital, the | 61987 |
| department of mental health shall conduct a financial assessment | 61988 |
| to determine whether the patient, patient's estate, or liable | 61989 |
| relative will be charged an amount discounted from the amount the | 61990 |
| department charges under section 5121.33 of the Revised Code. The | 61991 |
| department shall make the determination in accordance with | 61992 |
| sections 5121.40 and 5121.41 of the Revised Code. | 61993 |
| If a discounted rate is to be charged, the department shall | 61994 |
| notify the person whose financial condition was assessed. The | 61995 |
| notice shall specify the per diem rate to be charged. | 61996 |
| In accordance with section 5121.42 of the Revised Code, the | 61997 |
| department may, at any time, modify an amount charged or change | 61998 |
| the per diem rate to be charged if the department learns of | 61999 |
| countable assets or income that was not previously disclosed or | 62000 |
| was acquired after the assessment was conducted. Within a | 62001 |
| reasonable time, the department shall notify in writing any person | 62002 |
| affected by a modification or change. | 62003 |
| Sec. 5121.38. The department of mental health may subpoena | 62004 |
| witnesses, take testimony under oath, and examine any public | 62005 |
| records relating to the income and other assets of a patient or of | 62006 |
| a relative liable for such patient's support. All information, | 62007 |
| conclusions, and recommendations shall be submitted to the | 62008 |
| department by the investigating agent of the department. | 62009 |
| Sec. 5121.39. The managing officers of the institutions | 62010 |
| under the control of the department of mental health shall submit | 62011 |
| to the department such information as they may obtain concerning | 62012 |
| the financial condition of any patient or relatives liable for the | 62013 |
| patient's support. | 62014 |
| Sec. 5121.40. (A) A patient, patient's estate, or liable | 62015 |
| relative may be eligible to be charged an amount discounted from | 62016 |
| the amount the department of mental health charges under section | 62017 |
| 5121.33 of the Revised Code if the patient, estate, or relative | 62018 |
| has countable assets with a total value that is not greater than | 62019 |
| an amount equal to fifty per cent of the gross annual income that | 62020 |
| corresponds with the family size of the patient, estate, or liable | 62021 |
| relative under the federal poverty guidelines. For purposes of | 62022 |
| determining family size, the patient is one dependent. One | 62023 |
| additional dependent shall be included for each of the following | 62024 |
| circumstances and persons: | 62025 |
| (1) The patient or liable relative is legally blind or deaf; | 62026 |
| (2) The patient or liable relative is of sixty-five years of | 62027 |
| age or older; | 62028 |
| (3) Each child under eighteen years of age for which the | 62029 |
| patient or liable relative is legally responsible for support; | 62030 |
| (4) The patient's or liable relative's spouse. | 62031 |
| (B) A patient, estate, or relative may, not later than one | 62032 |
| hundred twenty days after the patient's admission to a hospital, | 62033 |
| surrender the value of countable assets sufficient to reduce | 62034 |
| countable assets to not more than the limit described in division | 62035 |
| (A) of this section. | 62036 |
| Sec. 5121.41. (A) If the assets of a patient, patient's | 62037 |
| estate, or liable relative do not exceed the countable asset limit | 62038 |
| in section 5121.40 of the Revised Code and the annual income of | 62039 |
| the patient, estate, or relative does not exceed four hundred per | 62040 |
| cent of the federal poverty level, the patient, estate, or | 62041 |
| relative shall be charged an amount discounted from the amount the | 62042 |
| department charges under section 5121.33 of the Revised Code for | 62043 |
| the first thirty days the patient is admitted as an inpatient in a | 62044 |
| hospital. The amount of the discount shall be computed according | 62045 |
| to the following schedule: | 62046 |
| 62047 |
| 62048 |
| Inpatient | 1 - | 176 - | 200 - | 250 - | 300 - | 350 - | 62049 | |||||||
| Days at a | 175 | 199 | 249 | 299 | 349 | 399 | 62050 | |||||||
| Hospital | 62051 |
| 62052 |
| 1 - 14 | 100 | 90 | 70 | 50 | 30 | 10 | 62053 | |
| 15 - 30 | 100 | 95 | 75 | 55 | 35 | 15 | 62054 |
| (B) A patient, estate, or relative who is charged a | 62055 |
| discounted amount for the first thirty days the patient is | 62056 |
| admitted as an inpatient and who has an annual income not greater | 62057 |
| than one hundred seventy-five per cent of the federal poverty | 62058 |
| level shall not be charged for the days the patient is admitted | 62059 |
| beyond the thirtieth day. | 62060 |
| (C) A patient, estate, or relative who is charged a | 62061 |
| discounted amount for the first thirty days the patient is | 62062 |
| admitted as an inpatient and who has an annual income greater than | 62063 |
| one hundred seventy-five per cent of the federal poverty level | 62064 |
| shall be charged an amount equal to the sum of the following for | 62065 |
| the days the patient is admitted beyond the thirtieth day: | 62066 |
| (1) The ancillary per diem rate multiplied by the number of | 62067 |
| days the patient was admitted to the hospital; | 62068 |
| (2) An amount that was previously charged but not paid. | 62069 |
| Sec. 5121.42. (A) Except as provided in division (B) of this | 62070 |
| section, a patient, patient's estate, or liable relative shall | 62071 |
| cease to be eligible for a discount under sections 5121.36 or | 62072 |
| 5121.37 of the Revised Code on accumulation of countable assets in | 62073 |
| excess of an amount equal to fifty per cent of the gross annual | 62074 |
| income that corresponds with the family size of the patient, | 62075 |
| estate, or relative plus one additional dependent under the | 62076 |
| federal poverty guidelines. In making this determination, an | 62077 |
| additional dependent shall be included for each of the following | 62078 |
| circumstances and persons: | 62079 |
| (1) The patient or liable relative is legally blind or deaf; | 62080 |
| (2) The patient or liable relative is over sixty-five years | 62081 |
| of age; | 62082 |
| (3) Each child under eighteen years of age for which the | 62083 |
| patient or liable relative is legally responsible for support; | 62084 |
| (4) The patient's or liable relative's spouse. | 62085 |
| (B) Money needed to meet the patient's needs and burial fund | 62086 |
| as determined by a needs assessment conducted by the department of | 62087 |
| mental health pursuant to rules adopted under section 5119.01 of | 62088 |
| the Revised Code shall be excluded from any determination the | 62089 |
| department makes under division (A) of this section. | 62090 |
| Sec. 5121.43. If a patient is covered by an insurance policy | 62091 |
| or other contract that provides for payment of expenses for care | 62092 |
| and treatment for mental illness at or from an institution, | 62093 |
| state-operated community mental health service, or facility, | 62094 |
| including a hospital or community service unit under the | 62095 |
| jurisdiction of the department of mental health, sections 5121.33 | 62096 |
| to 5121.55 of the Revised Code are inapplicable to the extent that | 62097 |
| the policy or contract is in force. Any insurance carrier or other | 62098 |
| third party payor providing coverage for such care and treatment | 62099 |
| shall pay for the patient's support obligation in amounts equal to | 62100 |
| the lesser of amounts charged by the department under section | 62101 |
| 5121.33 of the Revised Code or the benefits provided under the | 62102 |
| policy or other contract. Whether or not an insured, owner of, or | 62103 |
| other person having an interest in such policy or other contract | 62104 |
| is liable for support payments, the insured, policy owner, or | 62105 |
| other person shall assign payment directly to the department of | 62106 |
| all assignable benefits under the policy or other contract and | 62107 |
| shall pay to the department, within ten days of receipt, all | 62108 |
| insurance or other benefits received as reimbursement or payment | 62109 |
| for expenses incurred by the patient or for any other reason. If | 62110 |
| the insured, policy owner, or other person refuses to assign | 62111 |
| payment to the department or refuses to pay received | 62112 |
| reimbursements or payments to the department within ten days of | 62113 |
| receipt, the total liability of the insured, policy owner, or | 62114 |
| other person for the services equals the sum of the following: | 62115 |
| (A) The amount computed under section 5121.33 of the Revised | 62116 |
| Code; | 62117 |
| (B) The amounts payable under the terms of the policy or | 62118 |
| other contract. | 62119 |
| In no event shall this total liability exceed the | 62120 |
| department's actual cost of providing care and treatment to a | 62121 |
| patient. The department may disqualify patients and liable | 62122 |
| relatives who have retained third party funds for future | 62123 |
| discounts. The department may request that the attorney general | 62124 |
| petition a court of competent jurisdiction to compel the insured, | 62125 |
| owner of, or other person having an interest in the policy or | 62126 |
| contract to comply with the assignment requirements in this | 62127 |
| section. | 62128 |
| Sec. 5121.44. The department of mental health may enter into | 62129 |
| an extended payment agreement with a patient, patient's estate, or | 62130 |
| liable relative who has notified the department that the patient, | 62131 |
| estate, or relative cannot reasonably pay an amount the department | 62132 |
| has charged. In no case shall the department take a security | 62133 |
| interest, mortgage, or lien against the principal family residence | 62134 |
| of a patient or liable relative with a dependent. | 62135 |
| Sec. 5121.45. (A) For purposes of this section, "delinquent | 62136 |
| payment" means an amount owed by a patient, patient's estate, or | 62137 |
| liable relative to the department of mental health for which the | 62138 |
| person has failed to do either of the following not later than | 62139 |
| ninety days after the service associated with the charge was | 62140 |
| incurred: | 62141 |
| (1) Make payment in full; | 62142 |
| (2) Make a payment in accordance with the terms of an | 62143 |
| agreement entered into under section 5121.44 of the Revised Code. | 62144 |
| (B) An action to enforce the collection of a delinquent | 62145 |
| payment shall be commenced not later than six years after the | 62146 |
| later of the following: | 62147 |
| (1) The last date the department received money to satisfy | 62148 |
| the delinquent payment; | 62149 |
| (2) The date the charge was due. | 62150 |
| (C) In all actions to enforce the collection of delinquent | 62151 |
| payments, a court of record shall receive into evidence the proof | 62152 |
| of claim document made by the state together with all debts and | 62153 |
| credits. The proof of claim document shall be prima-facie evidence | 62154 |
| of the facts stated in the document. | 62155 |
| Sec. 5121.46. The department of mental health shall not | 62156 |
| charge a liable relative under sections 5121.33 and 5121.35 of the | 62157 |
| Revised Code who has done either of the following: | 62158 |
| (A) Paid all amounts charged by the department for the care | 62159 |
| and treatment of a particular patient for fifteen consecutive | 62160 |
| years; | 62161 |
| (B) Paid amounts charged by the department for the care and | 62162 |
| treatment of more than one patient for a total of fifteen | 62163 |
| consecutive years. | 62164 |
| Sec. 5121.47. Irrespective of the number of patients for | 62165 |
| which the department of mental health may charge a liable relative | 62166 |
| under sections 5121.33 or 5121.35 of the Revised Code, the | 62167 |
| department shall not charge a liable relative or group of liable | 62168 |
| relatives who are members of the same family unit for the support | 62169 |
| of more than one patient during the same period of time. | 62170 |
| Sec. 5121.49. (A) Any person who has been charged under | 62171 |
| section 5121.33 or 5121.35 of the Revised Code may petition the | 62172 |
| department of mental health to do the following: | 62173 |
| (1) Release the person from a charge; | 62174 |
| (2) Modify or cancel a charge. | 62175 |
| (B) The department shall respond to a petition in writing and | 62176 |
| inform the petitioner of whether a release, modification, or | 62177 |
| cancellation has been approved. | 62178 |
| Sec. 5121.50. When a patient is committed to a hospital | 62179 |
| pursuant to judicial proceedings, the judge ordering the | 62180 |
| commitment shall: | 62181 |
| (A) Make a reliable report on the financial condition of the | 62182 |
| patient and of each liable relative, as provided in rules adopted | 62183 |
| by the director of mental health; | 62184 |
| (B) Certify the report required under division (A) of this | 62185 |
| section to the managing officer of the hospital. The managing | 62186 |
| officer shall thereupon enter in the managing officer's records | 62187 |
| the name and address of any guardian appointed and of any relative | 62188 |
| liable for the patient's support. | 62189 |
| Sec. 5121.51. In case the estate of any patient in a | 62190 |
| hospital is sufficient for the patient's support, without hardship | 62191 |
| to any others who may be dependent thereon, and no guardian has | 62192 |
| been appointed for such estate, the agent of the department of | 62193 |
| mental health shall petition the probate court of the proper | 62194 |
| county to appoint a guardian. | 62195 |
| Sec. 5121.52. On the death of a person who is a patient, or | 62196 |
| has been a patient in a hospital, or on the death of a person | 62197 |
| responsible under section 5121.34 of the Revised Code for the | 62198 |
| support of a patient, the department of mental health may waive | 62199 |
| the presentation of any claim for support against the estate of | 62200 |
| such decedent, when in its judgment an otherwise dependent person | 62201 |
| will be directly benefited by the estate. Claims against an estate | 62202 |
| for support of a patient are subject to section 1339.51 and | 62203 |
| Chapter 2117. of the Revised Code, and shall be treated, and may | 62204 |
| be barred, the same as the claims of other creditors of the | 62205 |
| estate, pursuant to that section or chapter. | 62206 |
| The department of mental health may accept from a guardian or | 62207 |
| trustee of a patient a contract agreeing to pay to the state from | 62208 |
| the property of the guardian's or trustee's ward before or at the | 62209 |
| death of the ward a fixed annual amount for the support of the | 62210 |
| ward while the ward is a patient, with interest at four per cent | 62211 |
| per annum. A copy of the contract shall be filed in the probate | 62212 |
| court of the proper county and duly entered as a part of the | 62213 |
| records concerning the ward. | 62214 |
| Sec. 5121.53. The state shall bear the expense of the burial | 62215 |
| or cremation of an indigent patient who dies in a hospital if the | 62216 |
| body is not claimed for interment or cremation at the expense of | 62217 |
| friends or relatives, or is not delivered for anatomical purposes | 62218 |
| or for the study of embalming in accordance with section 1713.34 | 62219 |
| of the Revised Code. The managing officer of the hospital shall | 62220 |
| provide at the grave of the patient or, if the patient's cremated | 62221 |
| remains are buried, at the grave of the patient's cremated | 62222 |
| remains, a metal, stone, or concrete marker on which shall be | 62223 |
| inscribed the name and age of the patient and the date of death. | 62224 |
| Sec. 5121.54. (A) If payment of any amount due the state | 62225 |
| under the provisions of this chapter is made on account of a | 62226 |
| patient by any liable relative, as defined in section 5121.30 of | 62227 |
| the Revised Code, the relative may recover the following amounts | 62228 |
| from the following persons; provided, that in no event may a | 62229 |
| relative recover in total more than the relative has paid the | 62230 |
| state, and provided, that in no event is the person from whom | 62231 |
| recovery is sought obliged to pay at a rate of support higher than | 62232 |
| the person would have paid had the state proceeded directly | 62233 |
| against that person: | 62234 |
| (1) A liable relative may recover from the patient, the | 62235 |
| patient's guardian, or from the executor or administrator of the | 62236 |
| patient's estate, the full amount of payment made by the liable | 62237 |
| relative. | 62238 |
| (2) A parent may recover from the patient's or resident's | 62239 |
| spouse the full amount of payment made by the parent for | 62240 |
| hospitalization that occurred during the marriage. | 62241 |
| Sec. 5121.55. The director of mental health shall adopt rules | 62242 |
| in accordance with Chapter 119. of the Revised Code regarding the | 62243 |
| application form a person must use to apply for a discount as | 62244 |
| described in section 5121.36 of the Revised Code. | 62245 |
| Sec. 5122.03. A patient admitted under section 5122.02 of | 62246 |
|
the Revised Code who requests | 62247 |
|
release is requested in writing by | 62248 |
| legal guardian, parent, spouse, or adult next of kin shall be | 62249 |
| released forthwith, except that when: | 62250 |
| (A) The patient was admitted on | 62251 |
| application and the request for release is made by a person other | 62252 |
| than the patient, release may be conditional upon the agreement of | 62253 |
| the patient; or | 62254 |
| (B) The chief clinical officer of the hospital, within three | 62255 |
| court days from the receipt of the request for release, files or | 62256 |
| causes to be filed with the court of the county where the patient | 62257 |
| is hospitalized or of the county where the patient is a resident, | 62258 |
| an affidavit under section 5122.11 of the Revised Code. Release | 62259 |
| may be postponed until the hearing held under section 5122.141 of | 62260 |
| the Revised Code. A telephone communication within three court | 62261 |
| days from the receipt of the request for release from the chief | 62262 |
| clinical officer to the court, indicating that the required | 62263 |
| affidavit has been mailed, is sufficient compliance with the time | 62264 |
| limit for filing such affidavit. | 62265 |
| Unless the patient is released within three days from the | 62266 |
| receipt of the request by the chief clinical officer, the request | 62267 |
| shall serve as a request for an initial hearing under section | 62268 |
| 5122.141 of the Revised Code. If the court finds that the patient | 62269 |
| is a mentally ill person subject to hospitalization by court | 62270 |
| order, all provisions of this chapter with respect to involuntary | 62271 |
| hospitalization apply to such person. | 62272 |
| Judicial proceedings for hospitalization shall not be | 62273 |
| commenced with respect to a voluntary patient except pursuant to | 62274 |
| this section. | 62275 |
| Sections | 62276 |
| Code apply to persons received in a hospital operated by the | 62277 |
| department of mental health on a voluntary application. | 62278 |
| The chief clinical officer of the hospital shall provide | 62279 |
| reasonable means and arrangements for informing patients of their | 62280 |
| rights to release as provided in this section and for assisting | 62281 |
| them in making and presenting requests for release or for a | 62282 |
| hearing under section 5122.141 of the Revised Code. | 62283 |
| Before a patient is released from a public hospital, the | 62284 |
| chief clinical officer shall, when possible, notify the board of | 62285 |
| the patient's county of residence of the patient's pending release | 62286 |
| after | 62287 |
| the board will be so notified. | 62288 |
| Sec. 5122.31. (A) All certificates, applications, records, | 62289 |
| and reports made for the purpose of this chapter and sections | 62290 |
| 2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised | 62291 |
| Code, other than court journal entries or court docket entries, | 62292 |
| and directly or indirectly identifying a patient or former patient | 62293 |
| or person whose hospitalization has been sought under this | 62294 |
| chapter, shall be kept confidential and shall not be disclosed by | 62295 |
| any person except: | 62296 |
| | 62297 |
| guardian, if any, or if the person is a minor, the person's parent | 62298 |
| or legal guardian, consents, and if the disclosure is in the best | 62299 |
| interests of the person, as may be determined by the court for | 62300 |
| judicial records and by the chief clinical officer for medical | 62301 |
| records; | 62302 |
| | 62303 |
| section 5123.60 of the Revised Code; | 62304 |
| | 62305 |
| mental health services, and community mental health agencies may | 62306 |
| release necessary medical information to insurers and other | 62307 |
| third-party payers, including government entities responsible for | 62308 |
| processing and authorizing payment, to obtain payment for goods | 62309 |
| and services furnished to the patient; | 62310 |
| | 62311 |
| | 62312 |
| patient's own psychiatric and medical records, unless access | 62313 |
| specifically is restricted in a patient's treatment plan for clear | 62314 |
| treatment reasons; | 62315 |
| | 62316 |
| within the department of mental health may exchange psychiatric | 62317 |
| records and other pertinent information with other hospitals, | 62318 |
| institutions, and facilities of the department, and with community | 62319 |
| mental health agencies and boards of alcohol, drug addiction, and | 62320 |
| mental health services with which the department has a current | 62321 |
| agreement for patient care or services. Records and information | 62322 |
| that may be released pursuant to this division shall be limited to | 62323 |
| medication history, physical health status and history, financial | 62324 |
| status, summary of course of treatment in the hospital, summary of | 62325 |
| treatment needs, and a discharge summary, if any. | 62326 |
| | 62327 |
| provision, planning, and monitoring of services to the patient may | 62328 |
| receive medication information, a summary of the patient's | 62329 |
| diagnosis and prognosis, and a list of the services and personnel | 62330 |
| available to assist the patient and the patient's family, if the | 62331 |
| patient's treating physician determines that the disclosure would | 62332 |
| be in the best interests of the patient. No such disclosure shall | 62333 |
| be made unless the patient is notified first and receives the | 62334 |
| information and does not object to the disclosure. | 62335 |
| | 62336 |
| psychiatric records and certain other information with the board | 62337 |
| of alcohol, drug addiction, and mental health services and other | 62338 |
| agencies in order to provide services to a person involuntarily | 62339 |
| committed to a board. Release of records under this division shall | 62340 |
| be limited to medication history, physical health status and | 62341 |
| history, financial status, summary of course of treatment, summary | 62342 |
| of treatment needs, and discharge summary, if any. | 62343 |
| | 62344 |
| the administrator of an estate of a deceased patient when the | 62345 |
| information is necessary to administer the estate; | 62346 |
| | 62347 |
| society may be released to the closest living relative of a | 62348 |
| deceased patient upon request of that relative; | 62349 |
| | 62350 |
| the appropriate board or to staff members designated by the | 62351 |
| director of mental health for the purpose of evaluating the | 62352 |
| quality, effectiveness, and efficiency of services and determining | 62353 |
| if the services meet minimum standards. Information obtained | 62354 |
| during such evaluations shall not be retained with the name of any | 62355 |
| patient. | 62356 |
| | 62357 |
| course of treatment, treatment needs, and prognosis shall be | 62358 |
| disclosed and released to the appropriate prosecuting attorney if | 62359 |
| the patient was committed pursuant to section 2945.38, 2945.39, | 62360 |
| 2945.40, 2945.401, or 2945.402 of the Revised Code, or to the | 62361 |
| attorney designated by the board for proceedings pursuant to | 62362 |
| involuntary commitment under this chapter. | 62363 |
| | 62364 |
| psychiatric hospitalization records, other mental health treatment | 62365 |
| records, and other pertinent information with the department of | 62366 |
| rehabilitation and correction to ensure continuity of care for | 62367 |
| inmates who are receiving mental health services in an institution | 62368 |
| of the department of rehabilitation and correction. The department | 62369 |
| shall not disclose those records unless the inmate is notified, | 62370 |
| receives the information, and does not object to the disclosure. | 62371 |
| The release of records under this division is limited to records | 62372 |
| regarding an inmate's medication history, physical health status | 62373 |
| and history, summary of course of treatment, summary of treatment | 62374 |
| needs, and a discharge summary, if any. | 62375 |
| | 62376 |
| operate may transfer to either a community mental health agency | 62377 |
| that assumes its caseload or to the board of alcohol, drug | 62378 |
| addiction, and mental health services of the service district in | 62379 |
| which the patient resided at the time services were most recently | 62380 |
| provided any treatment records that have not been transferred | 62381 |
| elsewhere at the patient's request. | 62382 |
| | 62383 |
| 62384 | |
| the records shall attempt to obtain the patient's consent for the | 62385 |
| disclosure. No person shall reveal the contents of a medical | 62386 |
| record of a patient except as authorized by law. | 62387 |
| (C) The managing officer of a hospital who releases necessary | 62388 |
| medical information under division (A)(3) of this section to allow | 62389 |
| an insurance carrier or other third party payor to comply with | 62390 |
| section 5121.43 of the Revised Code shall neither be subject to | 62391 |
| criminal nor civil liability. | 62392 |
| Sec. 5123.01. As used in this chapter: | 62393 |
| (A) "Chief medical officer" means the licensed physician | 62394 |
| appointed by the managing officer of an institution for the | 62395 |
| mentally retarded with the approval of the director of mental | 62396 |
| retardation and developmental disabilities to provide medical | 62397 |
| treatment for residents of the institution. | 62398 |
| (B) "Chief program director" means a person with special | 62399 |
| training and experience in the diagnosis and management of the | 62400 |
| mentally retarded, certified according to division (C) of this | 62401 |
| section in at least one of the designated fields, and appointed by | 62402 |
| the managing officer of an institution for the mentally retarded | 62403 |
| with the approval of the director to provide habilitation and care | 62404 |
| for residents of the institution. | 62405 |
| (C) "Comprehensive evaluation" means a study, including a | 62406 |
| sequence of observations and examinations, of a person leading to | 62407 |
| conclusions and recommendations formulated jointly, with | 62408 |
| dissenting opinions if any, by a group of persons with special | 62409 |
| training and experience in the diagnosis and management of persons | 62410 |
| with mental retardation or a developmental disability, which group | 62411 |
| shall include individuals who are professionally qualified in the | 62412 |
| fields of medicine, psychology, and social work, together with | 62413 |
| such other specialists as the individual case may require. | 62414 |
| (D) "Education" means the process of formal training and | 62415 |
| instruction to facilitate the intellectual and emotional | 62416 |
| development of residents. | 62417 |
| (E) "Habilitation" means the process by which the staff of | 62418 |
| the institution assists the resident in acquiring and maintaining | 62419 |
| those life skills that enable the resident to cope more | 62420 |
| effectively with the demands of the resident's own person and of | 62421 |
| the resident's environment and in raising the level of the | 62422 |
| resident's physical, mental, social, and vocational efficiency. | 62423 |
| Habilitation includes but is not limited to programs of formal, | 62424 |
| structured education and training. | 62425 |
| (F)
| 62426 |
| 62427 | |
| 62428 | |
| 62429 | |
| 62430 |
| | 62431 |
| public health nurse, or other person authorized or designated by a | 62432 |
| city or general health district. | 62433 |
| | 62434 |
| medicaid-funded home and community-based services specified in | 62435 |
| division (B)(1) of section 5111.87 of the Revised Code provided | 62436 |
| under the medicaid waiver components the department of mental | 62437 |
| retardation and developmental disabilities administers pursuant to | 62438 |
| section 5111.871 of the Revised Code. | 62439 |
| | 62440 |
| without substantial financial hardship, to provide for the payment | 62441 |
| of an attorney and for other necessary expenses of legal | 62442 |
| representation, including expert testimony. | 62443 |
| | 62444 |
| part of a public or private facility, that is licensed by the | 62445 |
| appropriate state department and is equipped to provide | 62446 |
| residential habilitation, care, and treatment for the mentally | 62447 |
| retarded. | 62448 |
| | 62449 |
| certificate issued under Chapter 4731. of the Revised Code | 62450 |
| authorizing the person to practice medicine and surgery or | 62451 |
| osteopathic medicine and surgery, or a medical officer of the | 62452 |
| government of the United States while in the performance of the | 62453 |
| officer's official duties. | 62454 |
| | 62455 |
| the director of mental retardation and developmental disabilities | 62456 |
| to be in executive control of an institution for the mentally | 62457 |
| retarded under the jurisdiction of the department. | 62458 |
| | 62459 |
| of the Revised Code. | 62460 |
| | 62461 |
| management services provided to an individual with mental | 62462 |
| retardation or other developmental disability that the state | 62463 |
| medicaid plan requires. | 62464 |
| | 62465 |
| significantly subaverage general intellectual functioning existing | 62466 |
| concurrently with deficiencies in adaptive behavior, manifested | 62467 |
| during the developmental period. | 62468 |
| | 62469 |
| institutionalization by court order" means a person eighteen years | 62470 |
| of age or older who is at least moderately mentally retarded and | 62471 |
| in relation to whom, because of the person's retardation, either | 62472 |
| of the following conditions exist: | 62473 |
| (1) The person represents a very substantial risk of physical | 62474 |
| impairment or injury to self as manifested by evidence that the | 62475 |
| person is unable to provide for and is not providing for the | 62476 |
| person's most basic physical needs and that provision for those | 62477 |
| needs is not available in the community; | 62478 |
| (2) The person needs and is susceptible to significant | 62479 |
| habilitation in an institution. | 62480 |
| | 62481 |
| retarded" means a person who is found, following a comprehensive | 62482 |
| evaluation, to be impaired in adaptive behavior to a moderate | 62483 |
| degree and to be functioning at the moderate level of intellectual | 62484 |
| functioning in accordance with standard measurements as recorded | 62485 |
| in the most current revision of the manual of terminology and | 62486 |
| classification in mental retardation published by the American | 62487 |
| association on mental retardation. | 62488 |
| | 62489 |
| limitation," "developmental delay," and "established risk" have | 62490 |
| the meanings established pursuant to section 5123.011 of the | 62491 |
| Revised Code. | 62492 |
| "Developmental disability" means a severe, chronic disability | 62493 |
| that is characterized by all of the following: | 62494 |
| (1) It is attributable to a mental or physical impairment or | 62495 |
| a combination of mental and physical impairments, other than a | 62496 |
| mental or physical impairment solely caused by mental illness as | 62497 |
| defined in division (A) of section 5122.01 of the Revised Code. | 62498 |
| (2) It is manifested before age twenty-two. | 62499 |
| (3) It is likely to continue indefinitely. | 62500 |
| (4) It results in one of the following: | 62501 |
| (a) In the case of a person under three years of age, at | 62502 |
| least one developmental delay or an established risk; | 62503 |
| (b) In the case of a person at least three years of age but | 62504 |
| under six years of age, at least two developmental delays or an | 62505 |
| established risk; | 62506 |
| (c) In the case of a person six years of age or older, a | 62507 |
| substantial functional limitation in at least three of the | 62508 |
| following areas of major life activity, as appropriate for the | 62509 |
| person's age: self-care, receptive and expressive language, | 62510 |
| learning, mobility, self-direction, capacity for independent | 62511 |
| living, and, if the person is at least sixteen years of age, | 62512 |
| capacity for economic self-sufficiency. | 62513 |
| (5) It causes the person to need a combination and sequence | 62514 |
| of special, interdisciplinary, or other type of care, treatment, | 62515 |
| or provision of services for an extended period of time that is | 62516 |
| individually planned and coordinated for the person. | 62517 |
| | 62518 |
| a developmental disability. | 62519 |
| | 62520 |
| tax-supported and under the jurisdiction of the department. | 62521 |
| | 62522 |
| meaning as "legal settlement," which is acquired by residing in | 62523 |
| Ohio for a period of one year without receiving general assistance | 62524 |
| prior to July 17, 1995, under former Chapter 5113. of the Revised | 62525 |
| Code, financial assistance under Chapter 5115. of the Revised | 62526 |
| Code, or assistance from a private agency that maintains records | 62527 |
| of assistance given. A person having a legal settlement in the | 62528 |
| state shall be considered as having legal settlement in the | 62529 |
| assistance area in which the person resides. No adult person | 62530 |
| coming into this state and having a spouse or minor children | 62531 |
| residing in another state shall obtain a legal settlement in this | 62532 |
| state as long as the spouse or minor children are receiving public | 62533 |
| assistance, care, or support at the expense of the other state or | 62534 |
| its subdivisions. For the purpose of determining the legal | 62535 |
| settlement of a person who is living in a public or private | 62536 |
| institution or in a home subject to licensing by the department of | 62537 |
| job and family services, the department of mental health, or the | 62538 |
| department of mental retardation and developmental disabilities, | 62539 |
| the residence of the person shall be considered as though the | 62540 |
| person were residing in the county in which the person was living | 62541 |
| prior to the person's entrance into the institution or home. | 62542 |
| Settlement once acquired shall continue until a person has been | 62543 |
| continuously absent from Ohio for a period of one year or has | 62544 |
| acquired a legal residence in another state. A woman who marries a | 62545 |
| man with legal settlement in any county immediately acquires the | 62546 |
| settlement of her husband. The legal settlement of a minor is that | 62547 |
| of the parents, surviving parent, sole parent, parent who is | 62548 |
| designated the residential parent and legal custodian by a court, | 62549 |
| other adult having permanent custody awarded by a court, or | 62550 |
| guardian of the person of the minor, provided that: | 62551 |
| (1) A minor female who marries shall be considered to have | 62552 |
| the legal settlement of her husband and, in the case of death of | 62553 |
| her husband or divorce, she shall not thereby lose her legal | 62554 |
| settlement obtained by the marriage. | 62555 |
| (2) A minor male who marries, establishes a home, and who has | 62556 |
| resided in this state for one year without receiving general | 62557 |
| assistance prior to July 17, 1995, under former Chapter 5113. of | 62558 |
| the Revised Code, financial assistance under Chapter 5115. of the | 62559 |
| Revised Code, or assistance from a private agency that maintains | 62560 |
| records of assistance given shall be considered to have obtained a | 62561 |
| legal settlement in this state. | 62562 |
| (3) The legal settlement of a child under eighteen years of | 62563 |
| age who is in the care or custody of a public or private child | 62564 |
| caring agency shall not change if the legal settlement of the | 62565 |
| parent changes until after the child has been in the home of the | 62566 |
| parent for a period of one year. | 62567 |
| No person, adult or minor, may establish a legal settlement | 62568 |
| in this state for the purpose of gaining admission to any state | 62569 |
| institution. | 62570 |
| | 62571 |
| this section, a person who is admitted either voluntarily or | 62572 |
| involuntarily to an institution or other facility pursuant to | 62573 |
| section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 62574 |
| Code subsequent to a finding of not guilty by reason of insanity | 62575 |
| or incompetence to stand trial or under this chapter who is under | 62576 |
| observation or receiving habilitation and care in an institution. | 62577 |
| (2) "Resident" does not include a person admitted to an | 62578 |
| institution or other facility under section 2945.39, 2945.40, | 62579 |
| 2945.401, or 2945.402 of the Revised Code to the extent that the | 62580 |
| reference in this chapter to resident, or the context in which the | 62581 |
| reference occurs, is in conflict with any provision of sections | 62582 |
| 2945.37 to 2945.402 of the Revised Code. | 62583 |
| | 62584 |
| commitment, or continued commitment is being sought in any | 62585 |
| proceeding under this chapter. | 62586 |
| | 62587 |
| Wednesday, Thursday, and Friday, except when such day is a legal | 62588 |
| holiday. | 62589 |
| | 62590 |
| solicitor, city director of law, or similar chief legal officer | 62591 |
| who prosecuted a criminal case in which a person was found not | 62592 |
| guilty by reason of insanity, who would have had the authority to | 62593 |
| prosecute a criminal case against a person if the person had not | 62594 |
| been found incompetent to stand trial, or who prosecuted a case in | 62595 |
| which a person was found guilty. | 62596 |
| | 62597 |
| common pleas. | 62598 |
| Sec. 5123.045. | 62599 |
| receive payment for providing home and community-based services | 62600 |
| unless the person or government entity is one of the following: | 62601 |
| | 62602 |
| Code; | 62603 |
| | 62604 |
| 5126.431 of the Revised Code and certified under section 5123.16 | 62605 |
| of the Revised Code; | 62606 |
| | 62607 |
| 5123.19
of the Revised Code. | 62608 |
| 62609 | |
| 62610 |
| | 62611 |
| 62612 | |
| 62613 |
| | 62614 |
| 62615 | |
| 62616 | |
| 62617 |
| | 62618 |
| 62619 |
| | 62620 |
| 62621 | |
| 62622 | |
| 62623 |
| | 62624 |
| 62625 | |
| 62626 | |
| 62627 | |
| 62628 | |
| 62629 | |
| 62630 | |
| 62631 | |
| 62632 | |
| 62633 |
| | 62634 |
| 62635 |
| | 62636 |
| 62637 | |
| 62638 | |
| 62639 |
| | 62640 |
| | 62641 |
| 62642 |
| | 62643 |
| 62644 |
| | 62645 |
| | 62646 |
| 62647 | |
| 62648 | |
| 62649 | |
| 62650 |
| | 62651 |
| 62652 | |
| 62653 | |
| 62654 | |
| 62655 | |
| 62656 | |
| 62657 |
| Sec. 5123.046. The department of mental retardation and | 62658 |
| developmental disabilities shall review each component of the | 62659 |
| three-calendar year plan it receives from a county board of mental | 62660 |
| retardation and developmental disabilities under section 5126.054 | 62661 |
| of the Revised Code and, in consultation with the department of | 62662 |
| job and family services and office of budget and management, | 62663 |
| approve each component that includes all the information and | 62664 |
| conditions specified in that section. The fourth component of the | 62665 |
| plan shall be approved or disapproved not later than forty-five | 62666 |
| days after the fourth component is submitted to the department | 62667 |
| under division (B)(3) of section 5126.054 of the Revised Code. If | 62668 |
| the department approves all four components of the plan, the plan | 62669 |
| is approved. Otherwise, the plan is disapproved. If the plan is | 62670 |
| disapproved, the department shall take action against the county | 62671 |
| board under division (B) of section 5126.056 of the Revised Code. | 62672 |
| In approving plans under this section, the department shall | 62673 |
| ensure that the aggregate of all plans provide for the increased | 62674 |
| enrollment into home and community-based services during each | 62675 |
| state fiscal year of at least five hundred individuals who did not | 62676 |
| receive residential services, supported living, or home and | 62677 |
| community-based services the prior state fiscal year if the | 62678 |
| department has enough additional enrollment available for this | 62679 |
| purpose. | 62680 |
| The department shall establish protocols that the department | 62681 |
| shall use to determine whether a county board is complying with | 62682 |
| the programmatic and financial accountability mechanisms and | 62683 |
| achieving outcomes specified in its approved plan. If the | 62684 |
| department determines that a county board is not in compliance | 62685 |
| with the mechanisms or achieving the outcomes specified in its | 62686 |
| approved plan, the department may take action under division | 62687 |
| 62688 |
| Sec. 5123.047. (A) | 62689 |
| 62690 | |
| 62691 | |
| 62692 | |
| 62693 | |
| 62694 | |
| 62695 |
| | 62696 |
| disabilities shall pay the nonfederal share of medicaid | 62697 |
| expenditures for medicaid case management services if
| 62698 |
| 62699 |
| | 62700 |
| mental retardation or other developmental disability who a county | 62701 |
| board of mental retardation and developmental disabilities has | 62702 |
| determined under section 5126.041 of the Revised Code is not | 62703 |
|
eligible for county board services | 62704 |
| | 62705 |
| 62706 | |
| 62707 | |
| 62708 | |
| 62709 |
| | 62710 |
| medicaid expenditures for home and community-based services if | 62711 |
| 62712 |
| (1) The services are provided to an individual with mental | 62713 |
| retardation or other developmental disability who a county board | 62714 |
| has determined under section 5126.041 of the Revised Code is not | 62715 |
| eligible for county board services; | 62716 |
| (2) The services are provided to an individual with mental | 62717 |
| retardation or other developmental disability given priority for | 62718 |
| the services pursuant to division (D)(3) of section 5126.042 of | 62719 |
| the Revised Code. The department shall pay the nonfederal share of | 62720 |
| medicaid expenditures for home and community-based services | 62721 |
| provided to such an individual for as long as the individual | 62722 |
| continues to be eligible for and receive the services, regardless | 62723 |
| of whether the services are provided after June 30, 2003. | 62724 |
| (3) An agreement entered into under section 5123.048 of the | 62725 |
| Revised Code requires that the department pay the nonfederal share | 62726 |
| of medicaid expenditures for the services. | 62727 |
| Sec. 5123.048. The director of mental retardation and | 62728 |
| developmental disabilities may enter into an agreement with a | 62729 |
| county board of mental retardation and developmental disabilities | 62730 |
| under which the department of mental retardation and developmental | 62731 |
| disabilities is to pay the nonfederal share of medicaid | 62732 |
| expenditures for home and community-based services provided to | 62733 |
| individuals with mental retardation or other developmental | 62734 |
| disability residing in the county served by the county board if | 62735 |
| the agreement is necessary for home and community-based services | 62736 |
| to be available statewide. | 62737 |
| Sec. 5123.049. The director of mental retardation and | 62738 |
| developmental disabilities shall adopt rules in accordance with | 62739 |
| Chapter 119. of the Revised Code governing the authorization and | 62740 |
|
payment of home and community-based services | 62741 |
|
management services | 62742 |
| shall provide for private providers of the services to receive one | 62743 |
| hundred per cent of the medicaid allowable payment amount and for | 62744 |
| government providers of the services to receive the federal share | 62745 |
| of the medicaid allowable payment, less the amount withheld as a | 62746 |
| fee under section 5123.0412 of the Revised Code and any amount | 62747 |
| that may be required by rules adopted under section 5123.0413 of | 62748 |
| the Revised Code to be deposited into the state MR/DD risk fund. | 62749 |
| The rules shall establish the process by which county boards of | 62750 |
| mental retardation and developmental disabilities shall certify | 62751 |
| and provide the nonfederal share of medicaid expenditures that the | 62752 |
| county board is required by division (A) of section 5126.057 of | 62753 |
| the Revised Code to pay. The process shall require a county board | 62754 |
| to certify that the county board has funding available at one time | 62755 |
| for two months costs for those expenditures. The process may | 62756 |
| permit a county board to certify that the county board has funding | 62757 |
| available at one time for more than two months costs for those | 62758 |
| expenditures. | 62759 |
| Sec. 5123.0412. (A) The department of mental retardation and | 62760 |
| developmental disabilities shall charge each county board of | 62761 |
| mental retardation and developmental disabilities an annual fee | 62762 |
| equal to one and one-half per cent of the total value of all | 62763 |
| medicaid paid claims for medicaid case management services and | 62764 |
| home and
community-based services | 62765 |
| 62766 | |
| individual eligible for services from the county board. No county | 62767 |
| board shall pass the cost of a fee charged to the county board | 62768 |
| under this section on to | 62769 |
| 62770 | |
| these services. | 62771 |
| (B) The fees collected under this section shall be deposited | 62772 |
| into the ODMR/DD administration and oversight fund and the ODJFS | 62773 |
| administration and oversight fund, both of which are hereby | 62774 |
| created in the state treasury. The portion of the fees to be | 62775 |
| deposited into the ODMR/DD administration and oversight fund and | 62776 |
| the portion of the fees to be deposited into the ODJFS | 62777 |
| administration and oversight fund shall be the portion specified | 62778 |
| in an interagency agreement entered into under division (C) of | 62779 |
| this section. The department of mental retardation and | 62780 |
| developmental disabilities shall use the money in the ODMR/DD | 62781 |
| administration and oversight fund and the department of job and | 62782 |
| family services shall use the money in the ODJFS administration | 62783 |
| and oversight fund for both of the following purposes: | 62784 |
| (1) The administrative and oversight costs of | 62785 |
| 62786 | |
|
community-based services | 62787 |
| 62788 | |
| 62789 | |
| oversight costs shall include costs for staff, systems, and other | 62790 |
| resources the departments need and dedicate solely to the | 62791 |
| following duties associated with the services: | 62792 |
| (a) Eligibility determinations; | 62793 |
| (b) Training; | 62794 |
| (c) Fiscal management; | 62795 |
| (d) Claims processing; | 62796 |
| (e) Quality assurance oversight; | 62797 |
| (f) Other duties the departments identify. | 62798 |
| (2) Providing technical support to county boards' local | 62799 |
| administrative authority under section 5126.055 of the Revised | 62800 |
| Code for the services. | 62801 |
| (C) The departments of mental retardation and developmental | 62802 |
| disabilities and job and family services shall enter into an | 62803 |
| interagency agreement to do both of the following: | 62804 |
| (1) Specify which portion of the fees collected under this | 62805 |
| section is to be deposited into the ODMR/DD administration and | 62806 |
| oversight fund and which portion is to be deposited into the ODJFS | 62807 |
| administration and oversight fund; | 62808 |
| (2) Provide for the departments to coordinate the staff whose | 62809 |
| costs are paid for with money in the ODMR/DD administration and | 62810 |
| oversight fund and the ODJFS administration and oversight fund. | 62811 |
| (D) The departments shall submit an annual report to the | 62812 |
| director of budget and management certifying how the departments | 62813 |
| spent the money in the ODMR/DD administration and oversight fund | 62814 |
| and the ODJFS administration and oversight fund for the purposes | 62815 |
| specified in division (B) of this section. | 62816 |
| Sec. 5123.16. (A) In accordance with Chapter 119. of the | 62817 |
| Revised Code, the director of mental retardation and developmental | 62818 |
| disabilities shall adopt and may amend and rescind rules for the | 62819 |
| certification of persons or government entities that provide or | 62820 |
| propose to provide home and community-based waiver services. The | 62821 |
| rules shall establish or specify all of the following: | 62822 |
| (1) Procedures for issuing and renewing certification and | 62823 |
| establishing expiration dates for currently certified providers; | 62824 |
| (2) Procedures and criteria for denying, refusing to renew, | 62825 |
| terminating, and revoking certification in accordance with this | 62826 |
| section and Chapter 119. of the Revised Code; | 62827 |
| (3) Procedures for ordering the suspension of a certified | 62828 |
| provider's certification; | 62829 |
| (4) Fees for issuing and renewing certification. All fees | 62830 |
| collected pursuant to this section shall be deposited in the state | 62831 |
| treasury to the credit of the provider certification fund, which | 62832 |
| is hereby created. Money credited to the fund shall be used solely | 62833 |
| for the operation of the provider certification program | 62834 |
| established under this section. | 62835 |
| (5) Program services for which certification is required and | 62836 |
| provider standards for those services; | 62837 |
| (6) Procedures for certification; | 62838 |
| (7) Procedures for ensuring that providers comply with | 62839 |
| sections 5123.52 and 5126.281 of the Revised Code. | 62840 |
| (B) A provider's certification may be terminated when the | 62841 |
| certified provider has not billed for services for a period of | 62842 |
| more than twelve consecutive months and the provider has been | 62843 |
| notified in accordance with Chapter 119. of the Revised Code. | 62844 |
| (C) The director may suspend or revoke a provider's | 62845 |
| certification in accordance with Chapter 119. of the Revised Code | 62846 |
| for good cause, including misfeasance, malfeasance, nonfeasance, | 62847 |
| confirmed abuse or neglect, noncompliance with provider | 62848 |
| certification standards, financial irresponsibility, or other | 62849 |
| conduct the department determines is injurious to individuals | 62850 |
| being served. | 62851 |
| (D)(1) The director may suspend a certified provider's | 62852 |
| certification to serve one or more individuals currently served by | 62853 |
| the provider in one or more counties before providing an | 62854 |
| opportunity for an adjudication under Chapter 119. of the Revised | 62855 |
| Code when the director determines that the certified provider has | 62856 |
| demonstrated a pattern of serious noncompliance with certification | 62857 |
| standards or that a violation of certification standards creates a | 62858 |
| substantial risk to the health and safety of an individual served | 62859 |
| by the certified provider and both the following conditions are | 62860 |
| met: | 62861 |
| (a) The individual or guardian, as appropriate, has been made | 62862 |
| aware of the patterns of serious noncompliance or violations of | 62863 |
| certification standards that create a substantial risk to the | 62864 |
| health and safety of the individual, and the individual or | 62865 |
| guardian does not choose to select another certified provider; and | 62866 |
| (b) A county board of mental retardation and developmental | 62867 |
| disabilities has filed a compliant with the probate court in | 62868 |
| accordance with section 5126.33 of the Revised Code and the | 62869 |
| probate court does not issue an order authorizing the board to | 62870 |
| arrange protective services for the individual. | 62871 |
| (2) The director may suspend a certified provider's | 62872 |
| certification to begin to serve one or more individuals not | 62873 |
| currently being served by the provider in one or more counties | 62874 |
| before providing an opportunity for an adjudication under Chapter | 62875 |
| 119. of the Revised Code when the director determines that the | 62876 |
| certified provider has demonstrated a pattern of serious | 62877 |
| noncompliance with certification standards or that a violation of | 62878 |
| certification standards creates a substantial risk to the health | 62879 |
| and safety of an individual served by the certified provider. | 62880 |
| (3) Except as provided in division (D)(4) of this section, | 62881 |
| appeals from proceedings initiated to terminate a provider's | 62882 |
| certification under division (B) of this section or to suspend or | 62883 |
| revoke a provider's certification under division (C) of this | 62884 |
| section shall be conducted in accordance with Chapter 119. of the | 62885 |
| Revised Code. | 62886 |
| (4) Appeals from proceedings initiated to order the | 62887 |
| suspension of a certified provider's certification shall be | 62888 |
| conducted in accordance with Chapter 119. of the Revised Code, | 62889 |
| unless the order was issued before providing an opportunity for an | 62890 |
| adjudication, in which case all of the following apply: | 62891 |
| (a) The department shall notify the certified provider within | 62892 |
| twenty-four hours of ordering of the suspension. | 62893 |
| (b) The certified provider may request a hearing not later | 62894 |
| than ten days after receiving the notice specified in section | 62895 |
| 119.07 of the Revised Code. | 62896 |
| (c) If a timely request for a hearing is made, the hearing | 62897 |
| shall commence not later than thirty days after the department | 62898 |
| receives the request. | 62899 |
| (d) After commencing, the hearing shall continue, | 62900 |
| uninterrupted, except for Saturdays, Sundays, and legal holidays, | 62901 |
| unless other interruptions are agreed to by the provider and the | 62902 |
| director. | 62903 |
| (e) If the hearing is conducted by a hearing examiner, the | 62904 |
| hearing examiner shall file a report and recommendations not later | 62905 |
| than ten days after the close of the hearing. For purposes of | 62906 |
| division (D)(4)(d) of this section, the hearing shall not be | 62907 |
| considering closed until the hearing examiner receives the | 62908 |
| transcript of the hearing, if a transcript is ordered, and all | 62909 |
| post-hearing briefs, if any, are timely filed. | 62910 |
| (f) A copy of such written report and recommendations of the | 62911 |
| hearing examiner shall, within five days of the date of the filing | 62912 |
| thereof, be served upon the provider or the provider's attorney, | 62913 |
| by certified mail. | 62914 |
| (g) The provider may file objections to the report and | 62915 |
| recommendations not later than five days after the receipt of the | 62916 |
| report and recommendations. | 62917 |
| (h) No recommendation of the hearing examiner shall be | 62918 |
| approved, modified, or disapproved by the department until five | 62919 |
| days after service of the hearing examiner's report and | 62920 |
| recommendations upon the provider or the provider's attorney. | 62921 |
| (i) Not later than fifteen days after the service of such | 62922 |
| report and recommendations of the hearing examiner upon the | 62923 |
| provider or the provider's attorney, the director shall issue an | 62924 |
| order approving, modifying, or disapproving the report and | 62925 |
| recommendation. | 62926 |
| (j) The order shall be lifted when the provider has submitted | 62927 |
| an acceptable plan of compliance and the department determines the | 62928 |
| plan of compliance has been appropriately implemented. | 62929 |
| (k) Following the issuance of an adjudication order by the | 62930 |
| director, the provider may appeal the order in accordance with | 62931 |
| section 119.12 of the Revised Code. | 62932 |
| (l) Notwithstanding the pendency of the hearing, the director | 62933 |
| shall lift the order for the suspension of the certified | 62934 |
| provider's certification under division (D)(1) or (D)(2) of this | 62935 |
| section when the director determines that the violation that | 62936 |
| formed the basis for the order has been corrected. The hearing | 62937 |
| shall continue unless the provider withdraws, in writing, the | 62938 |
| appeal of the department's suspension. | 62939 |
| (E) All applicants for or holders of certification under this | 62940 |
| section shall maintain a current address with the director at all | 62941 |
| times. | 62942 |
| (F) An applicant whose certification has been denied in | 62943 |
| accordance with this section may not apply to become a certified | 62944 |
| provider within one year of the date of the applicant's denial of | 62945 |
| certification. A certified provider whose certification has been | 62946 |
| revoked in accordance with this section may not apply for | 62947 |
| certification within five years of the revocation of the certified | 62948 |
| provider's certification. | 62949 |
| (G) The records of surveys of providers conducted in | 62950 |
| accordance with this section are public records for purposes of | 62951 |
| section 149.43 of the Revised Code and shall be made available | 62952 |
| upon request of any person, including individuals being served, | 62953 |
| individuals seeking supported living, and county boards of mental | 62954 |
| retardation and developmental disabilities. | 62955 |
| (H) The certification of a provider that is certified to | 62956 |
| provide supported living on the effective date of the amendment of | 62957 |
| this section shall remain in effect until the department | 62958 |
| establishes an expiration date for the certification unless the | 62959 |
| certification is voluntarily surrendered or terminated, suspended | 62960 |
| or revoked in accordance with this section. | 62961 |
| (I) As used in this section, "home and community-based | 62962 |
| services" has the same meaning as in section 5126.01 of the | 62963 |
| Revised Code. | 62964 |
| (J) The director of mental retardation and developmental | 62965 |
| disabilities shall not apply any provisions of sections 5126.40 to | 62966 |
| 5126.47 of the Revised Code to any provider of home and | 62967 |
| community-based services certified under this section. | 62968 |
| Sec. 5123.34. This chapter attempts to do all of the | 62969 |
| following: | 62970 |
| (A) Provide humane and scientific treatment and care and the | 62971 |
| highest attainable degree of individual development for persons | 62972 |
| with mental retardation or a developmental disability; | 62973 |
| (B) Promote the study of the causes of mental retardation and | 62974 |
| developmental disabilities, with a view to ultimate prevention; | 62975 |
| (C) Secure by uniform and systematic management the highest | 62976 |
| attainable degree of economy in the administration of the | 62977 |
| institutions under the control of the department of mental | 62978 |
| retardation and developmental disabilities. | 62979 |
| Sections 5123.02 to 5123.04, | 62980 |
| 5123.10, 5123.21, 5123.221, 5123.25, and 5123.31 of the Revised | 62981 |
| Code shall be liberally construed to attain these purposes. | 62982 |
| Sec. 5123.41. As used in this section and sections 5123.42 | 62983 |
| to 5123.47 of the Revised Code: | 62984 |
| (A) "Adult services" has the same meaning as in section | 62985 |
| 5126.01 of the Revised Code. | 62986 |
| (B) "Certified home and community-based services provider" | 62987 |
| means a person or government entity certified under section | 62988 |
| 62989 |
| (C) "Certified supported living provider" means a person or | 62990 |
| government entity certified under section 5126.431 of the Revised | 62991 |
| Code. | 62992 |
| (D) "Drug" has the same meaning as in section 4729.01 of the | 62993 |
| Revised Code. | 62994 |
| (E) "Family support services" has the same meaning as in | 62995 |
| section 5126.01 of the Revised Code. | 62996 |
| (F) "Health-related activities" means the following: | 62997 |
| (1) Taking vital signs; | 62998 |
| (2) Application of clean dressings that do not require health | 62999 |
| assessment; | 63000 |
| (3) Basic measurement of bodily intake and output; | 63001 |
| (4) Oral suctioning; | 63002 |
| (5) Use of glucometers; | 63003 |
| (6) External urinary catheter care; | 63004 |
| (7) Emptying and replacing colostomy bags; | 63005 |
| (8) Collection of specimens by noninvasive means. | 63006 |
| (G) "Licensed health professional authorized to prescribe | 63007 |
| drugs" has the same meaning as in section 4729.01 of the Revised | 63008 |
| Code. | 63009 |
| (H) "Medicaid" has the same meaning as in section 5111.01 of | 63010 |
| the Revised Code. | 63011 |
| (I) "MR/DD personnel" means the employees and the workers | 63012 |
| under contract who provide specialized services to individuals | 63013 |
| with mental retardation and developmental disabilities. "MR/DD | 63014 |
| personnel" includes those who provide the services as follows: | 63015 |
| (1) Through direct employment with the department of mental | 63016 |
| retardation and developmental disabilities or a county board of | 63017 |
| mental retardation and developmental disabilities; | 63018 |
| (2) Through an entity under contract with the department of | 63019 |
| mental retardation and developmental disabilities or a county | 63020 |
| board of mental retardation and developmental disabilities; | 63021 |
| (3) Through direct employment or by being under contract with | 63022 |
| private entities, including private entities that operate | 63023 |
| residential facilities. | 63024 |
| (J) "Nursing delegation" means the process established in | 63025 |
| rules adopted by the board of nursing pursuant to Chapter 4723. of | 63026 |
| the Revised Code under which a registered nurse or licensed | 63027 |
| practical nurse acting at the direction of a registered nurse | 63028 |
| transfers the performance of a particular nursing activity or task | 63029 |
| to another person who is not otherwise authorized to perform the | 63030 |
| activity or task. | 63031 |
| (K) "Prescribed medication" means a drug that is to be | 63032 |
| administered according to the instructions of a licensed health | 63033 |
| professional authorized to prescribe drugs. | 63034 |
| (L) "Residential facility" means a facility licensed under | 63035 |
| section 5123.19 of the Revised Code or subject to section 5123.192 | 63036 |
| of the Revised Code. | 63037 |
| (M) "Specialized services" has the same meaning as in section | 63038 |
| 5123.50 of the Revised Code. | 63039 |
| (N) "Tube feeding" means the provision of nutrition to an | 63040 |
| individual through a gastrostomy tube or a jejunostomy tube. | 63041 |
| Sec. 5123.701. (A) Except as provided in division (E) of | 63042 |
| this section, any person in the community who is eighteen years of | 63043 |
| age or older and who is or believes self to be mentally retarded | 63044 |
| may make written application to the managing officer of any | 63045 |
| institution for temporary admission for short-term care. The | 63046 |
| application may be made on behalf of a minor by a parent or | 63047 |
| guardian, and on behalf of an adult adjudicated mentally | 63048 |
| incompetent by a guardian. | 63049 |
| (B) For purposes of this section, short-term care shall be | 63050 |
| defined to mean appropriate services provided to a person with | 63051 |
| mental retardation for no more than fourteen consecutive days and | 63052 |
| for no more than forty-two days in a fiscal year. When | 63053 |
| circumstances warrant, the fourteen-day period may be extended at | 63054 |
| the discretion of the managing officer. Short-term care is | 63055 |
| provided in a developmental center to meet the family's or | 63056 |
| caretaker's needs for separation from the person with mental | 63057 |
| retardation. | 63058 |
| (C) The managing officer of an institution, with the | 63059 |
| concurrence of the chief program director, may admit a person for | 63060 |
| short-term care only after a medical examination has been made of | 63061 |
| the person and only if the managing officer concludes that the | 63062 |
| person is mentally retarded. | 63063 |
| (D) If application for admission for short-term care of a | 63064 |
| minor or of a person adjudicated mentally incompetent is made by | 63065 |
| the minor's parent or guardian or by the incompetent's guardian | 63066 |
| and the minor or incompetent is admitted, the probate division of | 63067 |
| the court of common pleas shall determine, upon petition by the | 63068 |
| legal rights service, whether the admission for short-term care is | 63069 |
| in the best interest of the minor or the incompetent. | 63070 |
| (E) A person who is found not guilty by reason of insanity | 63071 |
| shall not admit self to an institution for short-term care unless | 63072 |
| a hearing was held regarding the person pursuant to division (A) | 63073 |
| of section 2945.40 of the Revised Code and either of the following | 63074 |
| applies: | 63075 |
| (1) The person was found at the hearing not to be a mentally | 63076 |
| retarded person subject to institutionalization by court order; | 63077 |
| (2) The person was found at the hearing to be a mentally | 63078 |
| retarded person subject to institutionalization by court order, | 63079 |
| was involuntarily committed, and was finally discharged. | 63080 |
| (F) The mentally retarded person, liable relatives, and | 63081 |
| guardians of mentally retarded persons admitted for respite care | 63082 |
|
shall pay support charges in accordance with sections | 63083 |
| 5121.01 to 5121.07 of the Revised Code. | 63084 |
| (G) At the conclusion of each period of short-term care, the | 63085 |
| person shall return to the person's family or caretaker. Under no | 63086 |
| circumstances shall a person admitted for short-term care | 63087 |
| according to this section remain in the institution after the | 63088 |
| period of short-term care unless the person is admitted according | 63089 |
| to section 5123.70, sections 5123.71 to 5123.76, or section | 63090 |
| 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 63091 |
| Code. | 63092 |
| Sec. 5123.71. (A)(1) Proceedings for the involuntary | 63093 |
| institutionalization of a person pursuant to sections 5123.71 to | 63094 |
| 5123.76 of the Revised Code shall be commenced by the filing of an | 63095 |
| affidavit with the probate division of the court of common pleas | 63096 |
| of the county where the person resides or where the person is | 63097 |
| institutionalized, in the manner and form prescribed by the | 63098 |
| department of mental retardation and developmental disabilities | 63099 |
| either on information or actual knowledge, whichever is determined | 63100 |
| to be proper by the court. The affidavit may be filed only by a | 63101 |
| person who has custody of the individual as a parent, guardian, or | 63102 |
| service provider or by a person acting on behalf of the department | 63103 |
| or a county board of mental retardation and developmental | 63104 |
| disabilities. This section does not apply regarding the | 63105 |
| institutionalization of a person pursuant to section 2945.39, | 63106 |
| 2945.40, 2945.401, or 2945.402 of the Revised Code. | 63107 |
| The affidavit shall contain an allegation setting forth the | 63108 |
|
specific category or categories under division
| 63109 |
| 5123.01 of the Revised Code upon which the commencement of | 63110 |
| proceedings is based and a statement of the factual ground for the | 63111 |
| belief that the person is a mentally retarded person subject to | 63112 |
| institutionalization by court order. Except as provided in | 63113 |
| division (A)(2) of this section, the affidavit shall be | 63114 |
| accompanied by both of the following: | 63115 |
| (a) A comprehensive evaluation report prepared by the | 63116 |
| person's evaluation team that includes a statement by the members | 63117 |
| of the team certifying that they have performed a comprehensive | 63118 |
| evaluation of the person and that they are of the opinion that the | 63119 |
| person is a mentally retarded person subject to | 63120 |
| institutionalization by court order; | 63121 |
| (b) An assessment report prepared by the county board of | 63122 |
| mental retardation and developmental disabilities under section | 63123 |
| 5123.711 of the Revised Code specifying that the individual is in | 63124 |
| need of services on an emergency or priority basis. | 63125 |
| (2) In lieu of the comprehensive evaluation report, the | 63126 |
| affidavit may be accompanied by a written and sworn statement that | 63127 |
| the person or the guardian of a person adjudicated incompetent has | 63128 |
| refused to allow a comprehensive evaluation and county board | 63129 |
| assessment and assessment reports. Immediately after accepting an | 63130 |
| affidavit that is not accompanied by the reports of a | 63131 |
| comprehensive evaluation and county board assessment, the court | 63132 |
| shall cause a comprehensive evaluation and county board assessment | 63133 |
| of the person named in the affidavit to be performed. The | 63134 |
| evaluation shall be conducted in the least restrictive environment | 63135 |
| possible and the assessment shall be conducted in the same manner | 63136 |
| as assessments conducted under section 5123.711 of the Revised | 63137 |
| Code. The evaluation and assessment must be completed before a | 63138 |
| probable cause hearing or full hearing may be held under section | 63139 |
| 5123.75 or 5123.76 of the Revised Code. | 63140 |
| A written report of the evaluation team's findings and the | 63141 |
| county board's assessment shall be filed with the court. The | 63142 |
| reports shall, consistent with the rules of evidence, be accepted | 63143 |
| as probative evidence in any proceeding under section 5123.75 or | 63144 |
| 5123.76 of the Revised Code. If the counsel for the person who is | 63145 |
| evaluated or assessed is known, the court shall send to the | 63146 |
| counsel a copy of the reports as soon as possible after they are | 63147 |
| filed and prior to any proceedings under section 5123.75 or | 63148 |
| 5123.76 of the Revised Code. | 63149 |
| (B) Any person who is involuntarily detained in an | 63150 |
| institution or otherwise is in custody under this chapter shall be | 63151 |
| informed of the right to do the following: | 63152 |
| (1) Immediately make a reasonable number of telephone calls | 63153 |
| or use other reasonable means to contact an attorney, a physician, | 63154 |
| or both, to contact any other person or persons to secure | 63155 |
| representation by counsel, or to obtain medical assistance, and be | 63156 |
| provided assistance in making calls if the assistance is needed | 63157 |
| and requested; | 63158 |
| (2) Retain counsel and have independent expert evaluation | 63159 |
| and, if the person is an indigent person, be represented by | 63160 |
| court-appointed counsel and have independent expert evaluation at | 63161 |
| court expense; | 63162 |
| (3) Upon request, have a hearing to determine whether there | 63163 |
| is probable cause to believe that the person is a mentally | 63164 |
| retarded person subject to institutionalization by court order. | 63165 |
| (C) No person who is being treated by spiritual means through | 63166 |
| prayer alone in accordance with a recognized religious method of | 63167 |
| healing may be ordered detained or involuntarily committed unless | 63168 |
| the court has determined that the person represents a very | 63169 |
| substantial risk of self-impairment, self-injury, or impairment or | 63170 |
| injury to others. | 63171 |
| Sec. 5123.76. (A) The full hearing shall be conducted in a | 63172 |
| manner consistent with the procedures outlined in this chapter and | 63173 |
| with due process of law. The hearing shall be held by a judge of | 63174 |
| the probate division or, upon transfer by the judge of the probate | 63175 |
| division, by another judge of the court of common pleas, or a | 63176 |
| referee designated by the judge of the probate division. Any | 63177 |
| referee designated by the judge of the probate division must be an | 63178 |
| attorney. | 63179 |
| (1) The following shall be made available to counsel for the | 63180 |
| respondent: | 63181 |
| (a) All relevant documents, information, and evidence in the | 63182 |
| custody or control of the state or prosecutor; | 63183 |
| (b) All relevant documents, information, and evidence in the | 63184 |
| custody or control of the institution, facility, or program in | 63185 |
| which the respondent currently is held or in which the respondent | 63186 |
| has been held pursuant to these proceedings; | 63187 |
| (c) With the consent of the respondent, all relevant | 63188 |
| documents, information, and evidence in the custody or control of | 63189 |
| any institution or person other than the state. | 63190 |
| (2) The respondent has the right to be represented by counsel | 63191 |
| of the respondent's choice and has the right to attend the hearing | 63192 |
| except if unusual circumstances of compelling medical necessity | 63193 |
| exist that render the respondent unable to attend and the | 63194 |
| respondent has not expressed a desire to attend. | 63195 |
| (3) If the respondent is not represented by counsel and the | 63196 |
| court determines that the conditions specified in division (A)(2) | 63197 |
| of this section justify the respondent's absence and the right to | 63198 |
| counsel has not been validly waived, the court shall appoint | 63199 |
| counsel forthwith to represent the respondent at the hearing, | 63200 |
| reserving the right to tax costs of appointed counsel to the | 63201 |
| respondent unless it is shown that the respondent is indigent. If | 63202 |
| the court appoints counsel, or if the court determines that the | 63203 |
| evidence relevant to the respondent's absence does not justify the | 63204 |
| absence, the court shall continue the case. | 63205 |
| (4) The respondent shall be informed of the right to retain | 63206 |
| counsel, to have independent expert evaluation, and, if an | 63207 |
| indigent person, to be represented by court appointed counsel and | 63208 |
| have expert independent evaluation at court expense. | 63209 |
| (5) The hearing may be closed to the public unless counsel | 63210 |
| for the respondent requests that the hearing be open to the | 63211 |
| public. | 63212 |
| (6) Unless objected to by the respondent, the respondent's | 63213 |
| counsel, or the designee of the director of mental retardation and | 63214 |
| developmental disabilities, the court, for good cause shown, may | 63215 |
| admit persons having a legitimate interest in the proceedings. | 63216 |
| (7) The affiant under section 5123.71 of the Revised Code | 63217 |
| shall be subject to subpoena by either party. | 63218 |
| (8) The court shall examine the sufficiency of all documents | 63219 |
| filed and shall inform the respondent, if present, and the | 63220 |
| respondent's counsel of the nature of the content of the documents | 63221 |
| and the reason for which the respondent is being held or for which | 63222 |
| the respondent's placement is being sought. | 63223 |
| (9) The court shall receive only relevant, competent, and | 63224 |
| material evidence. | 63225 |
| (10) The designee of the director shall present the evidence | 63226 |
| for the state. In proceedings under this chapter, the attorney | 63227 |
| general shall present the comprehensive evaluation, assessment, | 63228 |
| diagnosis, prognosis, record of habilitation and care, if any, and | 63229 |
| less restrictive habilitation plans, if any. The attorney general | 63230 |
| does not have a similar presentation responsibility in connection | 63231 |
| with a person who has been found not guilty by reason of insanity | 63232 |
| and who is the subject of a hearing under section 2945.40 of the | 63233 |
| Revised Code to determine whether the person is a mentally | 63234 |
| retarded person subject to institutionalization by court order. | 63235 |
| (11) The respondent has the right to testify and the | 63236 |
| respondent or the respondent's counsel has the right to subpoena | 63237 |
| witnesses and documents and to present and cross-examine | 63238 |
| witnesses. | 63239 |
| (12) The respondent shall not be compelled to testify and | 63240 |
| shall be so advised by the court. | 63241 |
| (13) On motion of the respondent or the respondent's counsel | 63242 |
| for good cause shown, or upon the court's own motion, the court | 63243 |
| may order a continuance of the hearing. | 63244 |
| (14) To an extent not inconsistent with this chapter, the | 63245 |
| Rules of Civil Procedure shall be applicable. | 63246 |
| (B) Unless, upon completion of the hearing, the court finds | 63247 |
| by clear and convincing evidence that the respondent named in the | 63248 |
| affidavit is a mentally retarded person subject to | 63249 |
| institutionalization by court order, it shall order the | 63250 |
| respondent's discharge forthwith. | 63251 |
| (C) If, upon completion of the hearing, the court finds by | 63252 |
| clear and convincing evidence that the respondent is a mentally | 63253 |
| retarded person subject to institutionalization by court order, | 63254 |
| the court may order the respondent's discharge or order the | 63255 |
| respondent, for a period not to exceed ninety days, to any of the | 63256 |
| following: | 63257 |
| (1) A public institution, provided that commitment of the | 63258 |
| respondent to the institution will not cause the institution to | 63259 |
| exceed its licensed capacity determined in accordance with section | 63260 |
| 5123.19 of the Revised Code and provided that such a placement is | 63261 |
| indicated by the comprehensive evaluation report filed pursuant to | 63262 |
| section 5123.71 of the Revised Code; | 63263 |
| (2) A private institution; | 63264 |
| (3) A county mental retardation program; | 63265 |
| (4) Receive private habilitation and care; | 63266 |
| (5) Any other suitable facility, program, or the care of any | 63267 |
| person consistent with the comprehensive evaluation, assessment, | 63268 |
| diagnosis, prognosis, and habilitation needs of the respondent. | 63269 |
| (D) Any order made pursuant to division (C)(2), (4), or (5) | 63270 |
| of this section shall be conditional upon the receipt by the court | 63271 |
| of consent by the facility, program, or person to accept the | 63272 |
| respondent. | 63273 |
| (E) In determining the place to which, or the person with | 63274 |
| whom, the respondent is to be committed, the court shall consider | 63275 |
| the comprehensive evaluation, assessment, diagnosis, and projected | 63276 |
| habilitation plan for the respondent, and shall order the | 63277 |
| implementation of the least restrictive alternative available and | 63278 |
| consistent with habilitation goals. | 63279 |
| (F) If, at any time it is determined by the director of the | 63280 |
| facility or program to which, or the person to whom, the | 63281 |
| respondent is committed that the respondent could be equally well | 63282 |
| habilitated in a less restrictive environment that is available, | 63283 |
| the following shall occur: | 63284 |
| (1) The respondent shall be released by the director of the | 63285 |
| facility or program or by the person forthwith and referred to the | 63286 |
| court together with a report of the findings and recommendations | 63287 |
| of the facility, program, or person. | 63288 |
| (2) The director of the facility or program or the person | 63289 |
| shall notify the respondent's counsel and the designee of the | 63290 |
| director of mental retardation and developmental disabilities. | 63291 |
| (3) The court shall dismiss the case or order placement in | 63292 |
| the less restrictive environment. | 63293 |
| (G)(1) Except as provided in divisions (G)(2) and (3) of this | 63294 |
| section, any person who has been committed under this section may | 63295 |
| apply at any time during the ninety-day period for voluntary | 63296 |
| admission to an institution under section 5123.69 of the Revised | 63297 |
| Code. Upon admission of a voluntary resident, the managing officer | 63298 |
| immediately shall notify the court, the respondent's counsel, and | 63299 |
| the designee of the director in writing of that fact by mail or | 63300 |
| otherwise, and, upon receipt of the notice, the court shall | 63301 |
| dismiss the case. | 63302 |
| (2) A person who is found incompetent to stand trial or not | 63303 |
| guilty by reason of insanity and who is committed pursuant to | 63304 |
| section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised | 63305 |
| Code shall not be voluntarily admitted to an institution pursuant | 63306 |
| to division (G)(1) of this section until after the termination of | 63307 |
| the commitment, as described in division (J) of section 2945.401 | 63308 |
| of the Revised Code. | 63309 |
| (H) If, at the end of any commitment period, the respondent | 63310 |
| has not already been discharged or has not requested voluntary | 63311 |
| admission status, the director of the facility or program, or the | 63312 |
| person to whose care the respondent has been committed, shall | 63313 |
| discharge the respondent forthwith, unless at least ten days | 63314 |
| before the expiration of that period the designee of the director | 63315 |
| of mental retardation and developmental disabilities or the | 63316 |
| prosecutor files an application with the court requesting | 63317 |
| continued commitment. | 63318 |
| (1) An application for continued commitment shall include a | 63319 |
| written report containing a current comprehensive evaluation and | 63320 |
| assessment, a diagnosis, a prognosis, an account of progress and | 63321 |
| past habilitation, and a description of alternative habilitation | 63322 |
| settings and plans, including a habilitation setting that is the | 63323 |
| least restrictive setting consistent with the need for | 63324 |
| habilitation. A copy of the application shall be provided to | 63325 |
| respondent's counsel. The requirements for notice under section | 63326 |
| 5123.73 of the Revised Code and the provisions of divisions (A) to | 63327 |
| (E) of this section apply to all hearings on such applications. | 63328 |
| (2) A hearing on the first application for continued | 63329 |
| commitment shall be held at the expiration of the first ninety-day | 63330 |
| period. The hearing shall be mandatory and may not be waived. | 63331 |
| (3) Subsequent periods of commitment not to exceed one | 63332 |
| hundred eighty days each may be ordered by the court if the | 63333 |
| designee of the director of mental retardation and developmental | 63334 |
| disabilities files an application for continued commitment, after | 63335 |
| a hearing is held on the application or without a hearing if no | 63336 |
| hearing is requested and no hearing required under division (H)(4) | 63337 |
| of this section is waived. Upon the application of a person | 63338 |
| involuntarily committed under this section, supported by an | 63339 |
| affidavit of a licensed physician alleging that the person is no | 63340 |
| longer a mentally retarded person subject to institutionalization | 63341 |
| by court order, the court for good cause shown may hold a full | 63342 |
| hearing on the person's continued commitment prior to the | 63343 |
| expiration of any subsequent period of commitment set by the | 63344 |
| court. | 63345 |
| (4) A mandatory hearing shall be held at least every two | 63346 |
| years after the initial commitment. | 63347 |
| (5) If the court, after a hearing upon a request to continue | 63348 |
| commitment, finds that the respondent is a mentally retarded | 63349 |
| person subject to institutionalization by court order, the court | 63350 |
| may make an order pursuant to divisions (C), (D), and (E) of this | 63351 |
| section. | 63352 |
| (I) Notwithstanding the provisions of division (H) of this | 63353 |
| section, no person who is found to be a mentally retarded person | 63354 |
| subject to institutionalization by court order pursuant to | 63355 |
|
division
| 63356 |
| held under involuntary commitment for more than five years. | 63357 |
| (J) The managing officer admitting a person pursuant to a | 63358 |
| judicial proceeding, within ten working days of the admission, | 63359 |
| shall make a report of the admission to the department. | 63360 |
| Sec. 5126.01. As used in this chapter: | 63361 |
| (A) As used in this division, "adult" means an individual who | 63362 |
| is eighteen years of age or over and not enrolled in a program or | 63363 |
| service under Chapter 3323. of the Revised Code and an individual | 63364 |
| sixteen or seventeen years of age who is eligible for adult | 63365 |
| services under rules adopted by the director of mental retardation | 63366 |
| and developmental disabilities pursuant to Chapter 119. of the | 63367 |
| Revised Code. | 63368 |
| (1) "Adult services" means services provided to an adult | 63369 |
| outside the home, except when they are provided within the home | 63370 |
| according to an individual's assessed needs and identified in an | 63371 |
| individual service plan, that support learning and assistance in | 63372 |
| the area of self-care, sensory and motor development, | 63373 |
| socialization, daily living skills, communication, community | 63374 |
| living, social skills, or vocational skills. | 63375 |
| (2) "Adult services" includes all of the following: | 63376 |
| (a) Adult day habilitation services; | 63377 |
| (b) Adult day care; | 63378 |
| (c) Prevocational services; | 63379 |
| (d) Sheltered employment; | 63380 |
| (e) Educational experiences and training obtained through | 63381 |
| entities and activities that are not expressly intended for | 63382 |
| individuals with mental retardation and developmental | 63383 |
| disabilities, including trade schools, vocational or technical | 63384 |
| schools, adult education, job exploration and sampling, unpaid | 63385 |
| work experience in the community, volunteer activities, and | 63386 |
| spectator sports; | 63387 |
| (f) Community employment services and supported employment | 63388 |
| services. | 63389 |
| (B)(1) "Adult day habilitation services" means adult services | 63390 |
| that do the following: | 63391 |
| (a) Provide access to and participation in typical activities | 63392 |
| and functions of community life that are desired and chosen by the | 63393 |
| general population, including such activities and functions as | 63394 |
| opportunities to experience and participate in community | 63395 |
| exploration, companionship with friends and peers, leisure | 63396 |
| activities, hobbies, maintaining family contacts, community | 63397 |
| events, and activities where individuals without disabilities are | 63398 |
| involved; | 63399 |
| (b) Provide supports or a combination of training and | 63400 |
| supports that afford an individual a wide variety of opportunities | 63401 |
| to facilitate and build relationships and social supports in the | 63402 |
| community. | 63403 |
| (2) "Adult day habilitation services" includes all of the | 63404 |
| following: | 63405 |
| (a) Personal care services needed to ensure an individual's | 63406 |
| ability to experience and participate in vocational services, | 63407 |
| educational services, community activities, and any other adult | 63408 |
| day habilitation services; | 63409 |
| (b) Skilled services provided while receiving adult day | 63410 |
| habilitation services, including such skilled services as behavior | 63411 |
| management intervention, occupational therapy, speech and language | 63412 |
| therapy, physical therapy, and nursing services; | 63413 |
| (c) Training and education in self-determination designed to | 63414 |
| help the individual do one or more of the following: develop | 63415 |
| self-advocacy skills, exercise the individual's civil rights, | 63416 |
| acquire skills that enable the individual to exercise control and | 63417 |
| responsibility over the services received, and acquire skills that | 63418 |
| enable the individual to become more independent, integrated, or | 63419 |
| productive in the community; | 63420 |
| (d) Recreational and leisure activities identified in the | 63421 |
| individual's service plan as therapeutic in nature or assistive in | 63422 |
| developing or maintaining social supports; | 63423 |
| (e) Counseling and assistance provided to obtain housing, | 63424 |
| including such counseling as identifying options for either rental | 63425 |
| or purchase, identifying financial resources, assessing needs for | 63426 |
| environmental modifications, locating housing, and planning for | 63427 |
| ongoing management and maintenance of the housing selected; | 63428 |
| (f) Transportation necessary to access adult day habilitation | 63429 |
| services; | 63430 |
| (g) Habilitation management, as described in section 5126.14 | 63431 |
| of the Revised Code. | 63432 |
| (3) "Adult day habilitation services" does not include | 63433 |
| activities that are components of the provision of residential | 63434 |
| services, family support services, or supported living services. | 63435 |
| (C) "Community employment services" or "supported employment | 63436 |
| services" means job training and other services related to | 63437 |
| employment outside a sheltered workshop. "Community employment | 63438 |
| services" or "supported employment services" include all of the | 63439 |
| following: | 63440 |
| (1) Job training resulting in the attainment of competitive | 63441 |
| work, supported work in a typical work environment, or | 63442 |
| self-employment; | 63443 |
| (2) Supervised work experience through an employer paid to | 63444 |
| provide the supervised work experience; | 63445 |
| (3) Ongoing work in a competitive work environment at a wage | 63446 |
| commensurate with workers without disabilities; | 63447 |
| (4) Ongoing supervision by an employer paid to provide the | 63448 |
| supervision. | 63449 |
| (D) As used in this division, "substantial functional | 63450 |
| limitation," "developmental delay," and "established risk" have | 63451 |
| the meanings established pursuant to section 5123.011 of the | 63452 |
| Revised Code. | 63453 |
| "Developmental disability" means a severe, chronic disability | 63454 |
| that is characterized by all of the following: | 63455 |
| (1) It is attributable to a mental or physical impairment or | 63456 |
| a combination of mental and physical impairments, other than a | 63457 |
| mental or physical impairment solely caused by mental illness as | 63458 |
| defined in division (A) of section 5122.01 of the Revised Code; | 63459 |
| (2) It is manifested before age twenty-two; | 63460 |
| (3) It is likely to continue indefinitely; | 63461 |
| (4) It results in one of the following: | 63462 |
| (a) In the case of a person under age three, at least one | 63463 |
| developmental delay or an established risk; | 63464 |
| (b) In the case of a person at least age three but under age | 63465 |
| six, at least two developmental delays or an established risk; | 63466 |
| (c) In the case of a person age six or older, a substantial | 63467 |
| functional limitation in at least three of the following areas of | 63468 |
| major life activity, as appropriate for the person's age: | 63469 |
| self-care, receptive and expressive language, learning, mobility, | 63470 |
| self-direction, capacity for independent living, and, if the | 63471 |
| person is at least age sixteen, capacity for economic | 63472 |
| self-sufficiency. | 63473 |
| (5) It causes the person to need a combination and sequence | 63474 |
| of special, interdisciplinary, or other type of care, treatment, | 63475 |
| or provision of services for an extended period of time that is | 63476 |
| individually planned and coordinated for the person. | 63477 |
| (E) "Early childhood services" means a planned program of | 63478 |
| habilitation designed to meet the needs of individuals with mental | 63479 |
| retardation or other developmental disabilities who have not | 63480 |
| attained compulsory school age. | 63481 |
| (F)(1) "Environmental modifications" means the physical | 63482 |
| adaptations to an individual's home, specified in the individual's | 63483 |
| service plan, that are necessary to ensure the individual's | 63484 |
| health, safety, and welfare or that enable the individual to | 63485 |
| function with greater independence in the home, and without which | 63486 |
| the individual would require institutionalization. | 63487 |
| (2) "Environmental modifications" includes such adaptations | 63488 |
| as installation of ramps and grab-bars, widening of doorways, | 63489 |
| modification of bathroom facilities, and installation of | 63490 |
| specialized electric and plumbing systems necessary to accommodate | 63491 |
| the individual's medical equipment and supplies. | 63492 |
| (3) "Environmental modifications" does not include physical | 63493 |
| adaptations or improvements to the home that are of general | 63494 |
| utility or not of direct medical or remedial benefit to the | 63495 |
| individual, including such adaptations or improvements as | 63496 |
| carpeting, roof repair, and central air conditioning. | 63497 |
| (G) "Family support services" means the services provided | 63498 |
| under a family support services program operated under section | 63499 |
| 5126.11 of the Revised Code. | 63500 |
| (H) "Habilitation" means the process by which the staff of | 63501 |
| the facility or agency assists an individual with mental | 63502 |
| retardation or other developmental disability in acquiring and | 63503 |
| maintaining those life skills that enable the individual to cope | 63504 |
| more effectively with the demands of the individual's own person | 63505 |
| and environment, and in raising the level of the individual's | 63506 |
| personal, physical, mental, social, and vocational efficiency. | 63507 |
| Habilitation includes, but is not limited to, programs of formal, | 63508 |
| structured education and training. | 63509 |
| (I) | 63510 |
| 63511 | |
| 63512 | |
| 63513 | |
| 63514 |
| | 63515 |
| home and community-based services specified in division (B)(1) of | 63516 |
| section 5111.87 of the Revised Code and provided under the | 63517 |
| medicaid waiver components the department of mental retardation | 63518 |
| and developmental disabilities administers pursuant to section | 63519 |
| 5111.871 of the Revised Code. | 63520 |
| | 63521 |
| of the Revised Code. | 63522 |
| | 63523 |
| management services provided to an individual with mental | 63524 |
| retardation or other developmental disability that the state | 63525 |
| medicaid plan requires. | 63526 |
| | 63527 |
| manifested during the developmental period characterized by | 63528 |
| significantly subaverage general intellectual functioning existing | 63529 |
| concurrently with deficiencies in the effectiveness or degree with | 63530 |
| which an individual meets the standards of personal independence | 63531 |
| and social responsibility expected of the individual's age and | 63532 |
| cultural group. | 63533 |
| | 63534 |
| with mental retardation or other developmental disabilities to | 63535 |
| provide housing, food, clothing, habilitation, staff support, and | 63536 |
| related support services necessary for the health, safety, and | 63537 |
| welfare of the individuals and the advancement of their quality of | 63538 |
| life. "Residential services" includes program management, as | 63539 |
| described in section 5126.14 of the Revised Code. | 63540 |
| | 63541 |
| including moneys received from the federal, state, and local | 63542 |
| governments, private grants, and donations; appropriately | 63543 |
| qualified personnel; and appropriate capital facilities and | 63544 |
| equipment. | 63545 |
| | 63546 |
| performed by a service and support administrator pursuant to | 63547 |
| section 5126.15 of the Revised Code. | 63548 |
| | 63549 |
| equipment, supplies, and supports" means equipment, supplies, and | 63550 |
| supports that enable an individual to increase the ability to | 63551 |
| perform activities of daily living or to perceive, control, or | 63552 |
| communicate within the environment. | 63553 |
| (2) "Specialized medical, adaptive, and assistive equipment, | 63554 |
| supplies, and supports" includes the following: | 63555 |
| (a) Eating utensils, adaptive feeding dishes, plate guards, | 63556 |
| mylatex straps, hand splints, reaches, feeder seats, adjustable | 63557 |
| pointer sticks, interpreter services, telecommunication devices | 63558 |
| for the deaf, computerized communications boards, other | 63559 |
| communication devices, support animals, veterinary care for | 63560 |
| support animals, adaptive beds, supine boards, prone boards, | 63561 |
| wedges, sand bags, sidelayers, bolsters, adaptive electrical | 63562 |
| switches, hand-held shower heads, air conditioners, humidifiers, | 63563 |
| emergency response systems, folding shopping carts, vehicle lifts, | 63564 |
| vehicle hand controls, other adaptations of vehicles for | 63565 |
| accessibility, and repair of the equipment received. | 63566 |
| (b) Nondisposable items not covered by medicaid that are | 63567 |
| intended to assist an individual in activities of daily living or | 63568 |
| instrumental activities of daily living. | 63569 |
| | 63570 |
| to families of individuals with mental retardation or other | 63571 |
| developmental disabilities to develop and maintain increased | 63572 |
| acceptance and understanding of such persons, increased ability of | 63573 |
| family members to teach the person, better coordination between | 63574 |
| school and home, skills in performing specific therapeutic and | 63575 |
| management techniques, and ability to cope with specific | 63576 |
| situations. | 63577 |
| | 63578 |
| long as twenty-four hours a day to an individual with mental | 63579 |
| retardation or other developmental disability through any public | 63580 |
| or private resources, including moneys from the individual, that | 63581 |
| enhance the individual's reputation in community life and advance | 63582 |
| the individual's quality of life by doing the following: | 63583 |
| (a) Providing the support necessary to enable an individual | 63584 |
| to live in a residence of the individual's choice, with any number | 63585 |
| of individuals who are not disabled, or with not more than three | 63586 |
| individuals with mental retardation and developmental disabilities | 63587 |
| unless the individuals are related by blood or marriage; | 63588 |
| (b) Encouraging the individual's participation in the | 63589 |
| community; | 63590 |
| (c) Promoting the individual's rights and autonomy; | 63591 |
| (d) Assisting the individual in acquiring, retaining, and | 63592 |
| improving the skills and competence necessary to live successfully | 63593 |
| in the individual's residence. | 63594 |
| (2) "Supported living" includes the provision of all of the | 63595 |
| following: | 63596 |
| (a) Housing, food, clothing, habilitation, staff support, | 63597 |
| professional services, and any related support services necessary | 63598 |
| to ensure the health, safety, and welfare of the individual | 63599 |
| receiving the services; | 63600 |
| (b) A combination of life-long or extended-duration | 63601 |
| supervision, training, and other services essential to daily | 63602 |
| living, including assessment and evaluation and assistance with | 63603 |
| the cost of training materials, transportation, fees, and | 63604 |
| supplies; | 63605 |
| (c) Personal care services and homemaker services; | 63606 |
| (d) Household maintenance that does not include modifications | 63607 |
| to the physical structure of the residence; | 63608 |
| (e) Respite care services; | 63609 |
| (f) Program management, as described in section 5126.14 of | 63610 |
| the Revised Code. | 63611 |
| Sec. 5126.035. (A) As used in this section: | 63612 |
| (1) "Provider" means a person or government entity that | 63613 |
| provides services to an individual with mental retardation or | 63614 |
| other developmental disability pursuant to a service contract. | 63615 |
| (2) "Service contract" means a contract between a county | 63616 |
| board of mental retardation and developmental disabilities and a | 63617 |
| provider under which the provider is to provide services to an | 63618 |
| individual with mental retardation or other developmental | 63619 |
| disability. | 63620 |
| (B) Each service contract that a county board of mental | 63621 |
| retardation and developmental disabilities enters into with a | 63622 |
|
provider
shall do | 63623 |
| (1) | 63624 |
| 63625 |
| | 63626 |
|
services | 63627 |
| 63628 | |
| requirements; | 63629 |
| | 63630 |
| individual service needs addendum. | 63631 |
| (C) The general operating agreement component shall include | 63632 |
| all of the following: | 63633 |
| (1) The roles and responsibilities of the county board | 63634 |
| regarding services for individuals with mental retardation or | 63635 |
| other developmental disability who reside in the county the county | 63636 |
| board serves; | 63637 |
| (2) The roles and responsibilities of the provider as | 63638 |
| specified in the individual service needs addendum; | 63639 |
| (3) Procedures for the county board to monitor the provider's | 63640 |
| services; | 63641 |
| (4) Procedures for the county board to evaluate the quality | 63642 |
| of care and cost effectiveness of the provider's services; | 63643 |
| (5) Procedures for payment of eligible claims; | 63644 |
| (6) If the provider is to provide home and community-based | 63645 |
|
services | 63646 |
| 63647 |
| (a) Procedures for reimbursement that conform to the | 63648 |
| statewide reimbursement process and the county board's plan | 63649 |
| submitted under section 5126.054 of the Revised Code; | 63650 |
| (b) Procedures that ensure that the county board pays the | 63651 |
| nonfederal share of the medicaid expenditures that the county | 63652 |
| board is required by division (A) of section 5126.057 of the | 63653 |
| Revised Code to pay. | 63654 |
| (7) Procedures for the county board to perform service | 63655 |
| utilization reviews and the implementation of required corrective | 63656 |
| actions; | 63657 |
| (8) Procedures for the provider to submit claims for payment | 63658 |
| for a service no later than three hundred thirty days after the | 63659 |
| date the service is provided; | 63660 |
| (9) Procedures for rejecting claims for payment that are | 63661 |
|
submitted after the time required by division | 63662 |
| section; | 63663 |
| (10) Procedures for developing, modifying, and executing | 63664 |
| initial and subsequent service plans. The procedures shall provide | 63665 |
| for the provider's participation. | 63666 |
| (11) Procedures for affording individuals due process | 63667 |
| protections; | 63668 |
| (12) General staffing, training, and certification | 63669 |
| requirements that are consistent with state requirements and | 63670 |
| compensation arrangements that are necessary to attract, train, | 63671 |
| and retain competent personnel to deliver the services pursuant to | 63672 |
| the individual service needs addendum; | 63673 |
| (13) Methods to be used to document services provided and | 63674 |
| procedures for submitting reports the county board requires; | 63675 |
| (14) Methods for authorizing and documenting within | 63676 |
| seventy-two hours changes to the individual service needs | 63677 |
| addendum. The methods shall allow for changes to be initially | 63678 |
| authorized verbally and subsequently in writing. | 63679 |
| (15) Procedures for modifying the individual service needs | 63680 |
| addendum in accordance with changes to the recipient's | 63681 |
| individualized service plan; | 63682 |
| (16) Procedures for terminating the individual service needs | 63683 |
| addendum within thirty days of a request made by the recipient; | 63684 |
| (17) A requirement that all parties to the contract accept | 63685 |
| the contract's terms and conditions; | 63686 |
| (18) A designated contact person and the method of contacting | 63687 |
| the designated person to respond to medical or behavioral problems | 63688 |
| and allegations of major unusual incidents or unusual incidents; | 63689 |
| (19) Procedures for ensuring the health and welfare of the | 63690 |
| recipient; | 63691 |
| (20) Procedures for ensuring fiscal accountability and the | 63692 |
| collection and reporting of programmatic data; | 63693 |
| (21) Procedures for implementing the mediation and | 63694 |
| arbitration process under section 5126.036 of the Revised Code; | 63695 |
| (22) Procedures for amending or terminating the contract, | 63696 |
| including as necessary to make the general operating agreement | 63697 |
| component consistent with any changes made to the individual | 63698 |
| service needs addendum; | 63699 |
| (23) Anything else allowable under federal and state law that | 63700 |
| the county board and provider agree to. | 63701 |
| (D) The individual service needs addendum shall be consistent | 63702 |
| with the general operating agreement component and include all of | 63703 |
| the following: | 63704 |
| (1) The name of the individual with mental retardation or | 63705 |
| other developmental disability who is to receive the services from | 63706 |
| the provider and any information about the recipient that the | 63707 |
| provider needs to be able to provide the services; | 63708 |
| (2) A clear and complete description of the services that the | 63709 |
| recipient is to receive as determined using statewide assessment | 63710 |
| tools; | 63711 |
| (3) A copy of the recipient's assessment and individualized | 63712 |
| service plan; | 63713 |
| (4) A clear and complete description of the provider's | 63714 |
| responsibilities to the recipient and county board in providing | 63715 |
| appropriate services in a coordinated manner with other providers | 63716 |
| and in a manner that contributes to and ensures the recipient's | 63717 |
| health, safety, and welfare. | 63718 |
| (E) | 63719 |
| 63720 | |
| 63721 | |
| does not negate the requirement that a provider of home and | 63722 |
|
community-based services | 63723 |
| 63724 | |
| with the department of job and family services. | 63725 |
| Sec. 5126.042. (A) As used in this section, "emergency" | 63726 |
| means any situation that creates for an individual with mental | 63727 |
| retardation or developmental disabilities a risk of substantial | 63728 |
| self-harm or substantial harm to others if action is not taken | 63729 |
| within thirty days. An "emergency" may include one or more of the | 63730 |
| following situations: | 63731 |
| (1) Loss of present residence for any reason, including legal | 63732 |
| action; | 63733 |
| (2) Loss of present caretaker for any reason, including | 63734 |
| serious illness of the caretaker, change in the caretaker's | 63735 |
| status, or inability of the caretaker to perform effectively for | 63736 |
| the individual; | 63737 |
| (3) Abuse, neglect, or exploitation of the individual; | 63738 |
| (4) Health and safety conditions that pose a serious risk to | 63739 |
| the individual or others of immediate harm or death; | 63740 |
| (5) Change in the emotional or physical condition of the | 63741 |
| individual that necessitates substantial accommodation that cannot | 63742 |
| be reasonably provided by the individual's existing caretaker. | 63743 |
| (B) If a county board of mental retardation and developmental | 63744 |
| disabilities determines that available resources are not | 63745 |
| sufficient to meet the needs of all individuals who request | 63746 |
| programs and services and may be offered the programs and | 63747 |
| services, it shall establish waiting lists for services. The board | 63748 |
| may establish priorities for making placements on its waiting | 63749 |
| lists according to an individual's emergency status and shall | 63750 |
| establish priorities in accordance with divisions (D) and (E) of | 63751 |
| this section. | 63752 |
| The individuals who may be placed on a waiting list include | 63753 |
| individuals with a need for services on an emergency basis and | 63754 |
| individuals who have requested services for which resources are | 63755 |
| not available. | 63756 |
| Except for an individual who is to receive priority for | 63757 |
| services pursuant to division (D)(3) of this section, an | 63758 |
| individual who currently receives a service but would like to | 63759 |
| change to another service shall not be placed on a waiting list | 63760 |
| but shall be placed on a service substitution list. The board | 63761 |
| shall work with the individual, service providers, and all | 63762 |
| appropriate entities to facilitate the change in service as | 63763 |
| expeditiously as possible. The board may establish priorities for | 63764 |
| making placements on its service substitution lists according to | 63765 |
| an individual's emergency status. | 63766 |
| In addition to maintaining waiting lists and service | 63767 |
| substitution lists, a board shall maintain a long-term service | 63768 |
| planning registry for individuals who wish to record their | 63769 |
| intention to request in the future a service they are not | 63770 |
| currently receiving. The purpose of the registry is to enable the | 63771 |
| board to document requests and to plan appropriately. The board | 63772 |
| may not place an individual on the registry who meets the | 63773 |
| conditions for receipt of services on an emergency basis. | 63774 |
| (C) A county board shall establish a separate waiting list | 63775 |
| for each of the following categories of services, and may | 63776 |
| establish separate waiting lists within the waiting lists: | 63777 |
| (1) Early childhood services; | 63778 |
| (2) Educational programs for preschool and school age | 63779 |
| children; | 63780 |
| (3) Adult services; | 63781 |
| (4) Service and support administration; | 63782 |
| (5) Residential services and supported living; | 63783 |
| (6) Transportation services; | 63784 |
| (7) Other services determined necessary and appropriate for | 63785 |
| persons with mental retardation or a developmental disability | 63786 |
| according to their individual habilitation or service plans; | 63787 |
| (8) Family support services provided under section 5126.11 of | 63788 |
| the Revised Code. | 63789 |
| (D) Except as provided in division (G) of this section, a | 63790 |
| county board shall do, as priorities, all of the following in | 63791 |
| accordance with the assessment component, approved under section | 63792 |
| 5123.046 of the Revised Code, of the county board's plan developed | 63793 |
| under section 5126.054 of the Revised Code: | 63794 |
| (1) For the purpose of obtaining additional federal medicaid | 63795 |
|
funds for home and community-based services | 63796 |
|
management services, | 63797 |
| the following: | 63798 |
| (a) Give an individual who is eligible for home and | 63799 |
| community-based services and meets both of the following | 63800 |
| requirements priority over any other individual on a waiting list | 63801 |
| established under division (C) of this section for home and | 63802 |
| community-based services that include supported living, | 63803 |
| residential services, or family support services: | 63804 |
| (i) Is twenty-two years of age or older; | 63805 |
| (ii) Receives supported living or family support services. | 63806 |
| (b) Give an individual who is eligible for home and | 63807 |
| community-based services and meets both of the following | 63808 |
| requirements priority over any other individual on a waiting list | 63809 |
| established under division (C) of this section for home and | 63810 |
| community-based services that include adult services: | 63811 |
| (i) Resides in the individual's own home or the home of the | 63812 |
| individual's family and will continue to reside in that home after | 63813 |
| enrollment in home and community-based services; | 63814 |
| (ii) Receives adult services from the county board. | 63815 |
| (2) As federal medicaid funds become available pursuant to | 63816 |
| division (D)(1) of this section, give an individual who is | 63817 |
| eligible for home and community-based services and meets any of | 63818 |
| the following requirements priority for such services over any | 63819 |
| other individual on a waiting list established under division (C) | 63820 |
| of this section: | 63821 |
| (a) Does not receive residential services or supported | 63822 |
| living, either needs services in the individual's current living | 63823 |
| arrangement or will need services in a new living arrangement, and | 63824 |
| has a primary caregiver who is sixty years of age or older; | 63825 |
| (b) Is less than twenty-two years of age and has at least one | 63826 |
| of the following service needs that are unusual in scope or | 63827 |
| intensity: | 63828 |
| (i) Severe behavior problems for which a behavior support | 63829 |
| plan is needed; | 63830 |
| (ii) An emotional disorder for which anti-psychotic | 63831 |
| medication is needed; | 63832 |
| (iii) A medical condition that leaves the individual | 63833 |
| dependent on life-support medical technology; | 63834 |
| (iv) A condition affecting multiple body systems for which a | 63835 |
| combination of specialized medical, psychological, educational, or | 63836 |
| habilitation services are needed; | 63837 |
| (v) A condition the county board determines to be comparable | 63838 |
| in severity to any condition described in division (D)(2)(b)(i) to | 63839 |
| (iv) of this section and places the individual at significant risk | 63840 |
| of institutionalization. | 63841 |
| (c) Is twenty-two years of age or older, does not receive | 63842 |
| residential services or supported living, and is determined by the | 63843 |
| county board to have intensive needs for home and community-based | 63844 |
| services on an in-home or out-of-home basis. | 63845 |
| (3) In fiscal years 2002 and 2003, give an individual who is | 63846 |
| eligible for home and community-based services, resides in an | 63847 |
| intermediate care facility for the mentally retarded or nursing | 63848 |
| facility, chooses to move to another setting with the help of home | 63849 |
| and community-based services, and has been determined by the | 63850 |
| department of mental retardation and developmental disabilities to | 63851 |
| be capable of residing in the other setting, priority over any | 63852 |
| other individual on a waiting list established under division (C) | 63853 |
| of this section for home and community-based services who does not | 63854 |
| meet these criteria. The department of mental retardation and | 63855 |
| developmental disabilities shall identify the individuals to | 63856 |
| receive priority under division (D)(3) of this section, assess the | 63857 |
| needs of the individuals, and notify the county boards that are to | 63858 |
| provide the individuals priority under division (D)(3) of this | 63859 |
| section of the individuals identified by the department and the | 63860 |
| individuals' assessed needs. | 63861 |
| (E) Except as provided in division (G) of this section and | 63862 |
| for a number of years and beginning on a date specified in rules | 63863 |
| adopted under division (K) of this section, a county board shall | 63864 |
| give an individual who is eligible for home and community-based | 63865 |
| services, resides in a nursing facility, and chooses to move to | 63866 |
| another setting with the help of home and community-based | 63867 |
| services, priority over any other individual on a waiting list | 63868 |
| established under division (C) of this section for home and | 63869 |
| community-based services who does not meet these criteria. | 63870 |
| (F) If two or more individuals on a waiting list established | 63871 |
| under division (C) of this section for home and community-based | 63872 |
| services have priority for the services pursuant to division | 63873 |
| (D)(1) or (2) or (E) of this section, a county board may use, | 63874 |
|
until
December 31, | 63875 |
| under division (K)(2) of this section in determining the order in | 63876 |
| which the individuals with priority will be offered the services. | 63877 |
| Otherwise, the county board shall offer the home and | 63878 |
| community-based services to such individuals in the order they are | 63879 |
| placed on the waiting list. | 63880 |
| (G)(1) No individual may receive priority for services | 63881 |
| pursuant to division (D) or (E) of this section over an individual | 63882 |
| placed on a waiting list established under division (C) of this | 63883 |
| section on an emergency status. | 63884 |
| (2) No more than four hundred individuals in the state may | 63885 |
|
receive priority for services during
the
| 63886 |
| biennium pursuant to division (D)(2)(b) of this section. | 63887 |
| (3) No more than a total of seventy-five individuals in the | 63888 |
| state may receive priority for services during state fiscal years | 63889 |
| 2002 and 2003 pursuant to division (D)(3) of this section. | 63890 |
| (4) No more than forty individuals in the state may receive | 63891 |
| priority for services pursuant to division (E) of this section for | 63892 |
| each year that priority category is in effect as specified in | 63893 |
| rules adopted under division (K) of this section. | 63894 |
| (H) Prior to establishing any waiting list under this | 63895 |
| section, a county board shall develop and implement a policy for | 63896 |
| waiting lists that complies with this section and rules adopted | 63897 |
| under division (K) of this section. | 63898 |
| Prior to placing an individual on a waiting list, the county | 63899 |
| board shall assess the service needs of the individual in | 63900 |
| accordance with all applicable state and federal laws. The county | 63901 |
| board shall place the individual on the appropriate waiting list | 63902 |
| and may place the individual on more than one waiting list. The | 63903 |
| county board shall notify the individual of the individual's | 63904 |
| placement and position on each waiting list on which the | 63905 |
| individual is placed. | 63906 |
| At least annually, the county board shall reassess the | 63907 |
| service needs of each individual on a waiting list. If it | 63908 |
| determines that an individual no longer needs a program or | 63909 |
| service, the county board shall remove the individual from the | 63910 |
| waiting list. If it determines that an individual needs a program | 63911 |
| or service other than the one for which the individual is on the | 63912 |
| waiting list, the county board shall provide the program or | 63913 |
| service to the individual or place the individual on a waiting | 63914 |
| list for the program or service in accordance with the board's | 63915 |
| policy for waiting lists. | 63916 |
| When a program or service for which there is a waiting list | 63917 |
| becomes available, the county board shall reassess the service | 63918 |
| needs of the individual next scheduled on the waiting list to | 63919 |
| receive that program or service. If the reassessment demonstrates | 63920 |
| that the individual continues to need the program or service, the | 63921 |
| board shall offer the program or service to the individual. If it | 63922 |
| determines that an individual no longer needs a program or | 63923 |
| service, the county board shall remove the individual from the | 63924 |
| waiting list. If it determines that an individual needs a program | 63925 |
| or service other than the one for which the individual is on the | 63926 |
| waiting list, the county board shall provide the program or | 63927 |
| service to the individual or place the individual on a waiting | 63928 |
| list for the program or service in accordance with the board's | 63929 |
| policy for waiting lists. The county board shall notify the | 63930 |
| individual of the individual's placement and position on the | 63931 |
| waiting list on which the individual is placed. | 63932 |
| (I) A child subject to a determination made pursuant to | 63933 |
| section 121.38 of the Revised Code who requires the home and | 63934 |
| community-based services provided through a medicaid component | 63935 |
| that the department of mental retardation and developmental | 63936 |
| disabilities administers under section 5111.871 of the Revised | 63937 |
| Code shall receive services through that medicaid component. For | 63938 |
| all other services, a child subject to a determination made | 63939 |
| pursuant to section 121.38 of the Revised Code shall be treated as | 63940 |
| an emergency by the county boards and shall not be subject to a | 63941 |
| waiting list. | 63942 |
| (J) Not later than the fifteenth day of March of each | 63943 |
| even-numbered year, each county board shall prepare and submit to | 63944 |
| the director of mental retardation and developmental disabilities | 63945 |
| its recommendations for the funding of services for individuals | 63946 |
| with mental retardation and developmental disabilities and its | 63947 |
| proposals for reducing the waiting lists for services. | 63948 |
| (K)(1) The department of mental retardation and developmental | 63949 |
| disabilities shall adopt rules in accordance with Chapter 119. of | 63950 |
| the Revised Code governing waiting lists established under this | 63951 |
| section. The rules shall include procedures to be followed to | 63952 |
| ensure that the due process rights of individuals placed on | 63953 |
| waiting lists are not violated. | 63954 |
| (2) As part of the rules adopted under this division, the | 63955 |
| department shall adopt rules establishing criteria a county board | 63956 |
| may use under division (F) of this section in determining the | 63957 |
| order in which individuals with priority for home and | 63958 |
| community-based services will be offered the services. The rules | 63959 |
| shall also specify conditions under which a county board, when | 63960 |
| there is no individual with priority for home and community-based | 63961 |
| services pursuant to division (D)(1) or (2) or (E) of this section | 63962 |
| available and appropriate for the services, may offer the services | 63963 |
| to an individual on a waiting list for the services but not given | 63964 |
| such priority for the services. The rules adopted under division | 63965 |
| (K)(2) of this section shall cease to have effect December 31, | 63966 |
| 63967 |
| (3) As part of the rules adopted under this division, the | 63968 |
| department shall adopt rules specifying both of the following for | 63969 |
| the priority category established under division (E) of this | 63970 |
| section: | 63971 |
| (a) The number of years, which shall not exceed five, that | 63972 |
| the priority category will be in effect; | 63973 |
| (b) The date that the priority category is to go into effect. | 63974 |
| (L) The following shall take precedence over the applicable | 63975 |
| provisions of this section: | 63976 |
| (1) Medicaid rules and regulations; | 63977 |
| (2) Any specific requirements that may be contained within a | 63978 |
| medicaid state plan amendment or waiver program that a county | 63979 |
| board has authority to administer or with respect to which it has | 63980 |
| authority to provide services, programs, or supports. | 63981 |
| Sec. 5126.054. (A) Each county board of mental retardation | 63982 |
| and developmental disabilities shall, by resolution, develop a | 63983 |
| three-calendar year plan that includes the following four | 63984 |
| components: | 63985 |
| (1) An assessment component that includes all of the | 63986 |
| following: | 63987 |
| (a) The number of individuals with mental retardation or | 63988 |
| other developmental disability residing in the county who need the | 63989 |
| level of care provided by an intermediate care facility for the | 63990 |
| mentally retarded, may seek home and community-based services, are | 63991 |
| given priority for the services pursuant to division (D) of | 63992 |
| section 5126.042 of the Revised Code; the service needs of those | 63993 |
| individuals; and the projected annualized cost for services; | 63994 |
| (b) The source of funds available to the county board to pay | 63995 |
| the nonfederal share of medicaid expenditures that the county | 63996 |
| board is required by division (A) of section 5126.057 of the | 63997 |
| Revised Code to pay; | 63998 |
| (c) Any other applicable information or conditions that the | 63999 |
| department of mental retardation and developmental disabilities | 64000 |
| requires as a condition of approving the component under section | 64001 |
| 5123.046 of the Revised Code. | 64002 |
| (2) A component that provides for the recruitment, training, | 64003 |
| and retention of existing and new direct care staff necessary to | 64004 |
| implement services included in individualized service plans, | 64005 |
| including behavior management services and health management | 64006 |
| services such as delegated nursing and other habilitation | 64007 |
| services, and protect the health and welfare of individuals | 64008 |
| receiving services included in the individual's individualized | 64009 |
| service plan by complying with safeguards for unusual and major | 64010 |
| unusual incidents, day-to-day program management, and other | 64011 |
| requirements the department shall identify. A county board shall | 64012 |
| develop this component in collaboration with providers of | 64013 |
| medicaid-funded services with which the county board contracts. A | 64014 |
| county board shall include all of the following in the component: | 64015 |
| (a) The source and amount of funds available for the | 64016 |
| component; | 64017 |
| (b) A plan and timeline for implementing the component with | 64018 |
| the medicaid providers under contract with the county board; | 64019 |
| (c) The mechanisms the county board shall use to ensure the | 64020 |
| financial and program accountability of the medicaid provider's | 64021 |
| implementation of the component. | 64022 |
| (3) A preliminary implementation component that specifies the | 64023 |
| number of individuals to be provided, during the first year that | 64024 |
| the plan is in effect, home and community-based services pursuant | 64025 |
| to the priority given to them under divisions (D)(1) and (2) of | 64026 |
| section 5126.042 of the Revised Code and the types of home and | 64027 |
| community-based services the individuals are to receive; | 64028 |
| (4) A component that provides for the implementation of | 64029 |
| 64030 | |
| and home and community-based services for individuals who begin to | 64031 |
| receive the services on or after the date the plan is approved | 64032 |
| under section 5123.046 of the Revised Code. A county board shall | 64033 |
| include all of the following in the component: | 64034 |
| (a) If the department of mental retardation and developmental | 64035 |
| disabilities or department of job and family services requires, an | 64036 |
| agreement to pay the nonfederal share of medicaid expenditures | 64037 |
| that the county board is required by division (A) of section | 64038 |
| 5126.057 of the Revised Code to pay; | 64039 |
| (b) How the services are to be phased in over the period the | 64040 |
| plan covers, including how the county board will serve individuals | 64041 |
| on a waiting list established under division (C) of section | 64042 |
| 5126.042 who are given priority status under division (D)(1) of | 64043 |
| that section; | 64044 |
| (c) Any agreement or commitment regarding the county board's | 64045 |
| funding of home and community-based services that the county board | 64046 |
| has with the department at the time the county board develops the | 64047 |
| component; | 64048 |
| (d) Assurances adequate to the department that the county | 64049 |
| board will comply with all of the following requirements: | 64050 |
| (i) To provide the types of home and community-based services | 64051 |
| specified in the preliminary implementation component required by | 64052 |
| division (A)(3) of this section to at least the number of | 64053 |
| individuals specified in that component; | 64054 |
| (ii) To use any additional funds the county board receives | 64055 |
| for the services to improve the county board's resource | 64056 |
| capabilities for supporting such services available in the county | 64057 |
| at the time the component is developed and to expand the services | 64058 |
| to accommodate the unmet need for those services in the county; | 64059 |
| (iii) To employ a business manager who is either a new | 64060 |
| employee who has earned at least a bachelor's degree in business | 64061 |
| administration or a current employee who has the equivalent | 64062 |
| experience of a bachelor's degree in business administration. If | 64063 |
| the county board will employ a new employee, the county board | 64064 |
| shall include in the component a timeline for employing the | 64065 |
| employee. | 64066 |
| (iv) To employ or contract with a medicaid services manager | 64067 |
| who is either a new employee who has earned at least a bachelor's | 64068 |
| degree or a current employee who has the equivalent experience of | 64069 |
| a bachelor's degree. If the county board will employ a new | 64070 |
| employee, the county board shall include in the component a | 64071 |
| timeline for employing the employee. Two or three county boards | 64072 |
| that have a combined total enrollment in county board services not | 64073 |
| exceeding one thousand individuals as determined pursuant to | 64074 |
| certifications made under division (B) of section 5126.12 of the | 64075 |
| Revised Code may satisfy this requirement by sharing the services | 64076 |
| of a medicaid services manager or using the services of a medicaid | 64077 |
| services manager employed by or under contract with a regional | 64078 |
| council that the county boards establish under section 5126.13 of | 64079 |
| the Revised Code. | 64080 |
| (e) An agreement to comply with the method, developed by | 64081 |
| rules adopted under section 5123.0413 of the Revised Code, of | 64082 |
| paying for extraordinary costs, including extraordinary costs for | 64083 |
| services to individuals with mental retardation or other | 64084 |
| developmental disability, and ensuring the availability of | 64085 |
| adequate funds in the event a county property tax levy for | 64086 |
| services for individuals with mental retardation or other | 64087 |
| developmental disability fails; | 64088 |
| (f) Programmatic and financial accountability measures and | 64089 |
| projected outcomes expected from the implementation of the plan; | 64090 |
| (g) Any other applicable information or conditions that the | 64091 |
| department requires as a condition of approving the component | 64092 |
| under section 5123.046 of the Revised Code. | 64093 |
| (B) For the purpose of obtaining the department's approval | 64094 |
| under section 5123.046 of the Revised Code of the plan the county | 64095 |
| board develops under division (A) of this section, a county board | 64096 |
| shall do all of the following: | 64097 |
| (1) Submit the components required by divisions (A)(1) and | 64098 |
| (2) of this section to the department not later than August 1, | 64099 |
| 2001; | 64100 |
| (2) Submit the component required by division (A)(3) of this | 64101 |
| section to the department not later than January 31, 2002; | 64102 |
| (3) Submit the component required by division (A)(4) of this | 64103 |
| section to the department not later than July 1, 2002. | 64104 |
| (C) A county board whose plan developed under division (A) of | 64105 |
| this section is approved by the department under section 5123.046 | 64106 |
| of the Revised Code shall update and renew the plan in accordance | 64107 |
| with a schedule the department shall develop. | 64108 |
| Sec. 5126.055. (A) Except as provided in section 5126.056 of | 64109 |
| the Revised Code, a county board of mental retardation and | 64110 |
| developmental disabilities has medicaid local administrative | 64111 |
| authority to, and shall, do all of the following for an individual | 64112 |
| with mental retardation or other developmental disability who | 64113 |
| resides in the county that the county board serves and seeks or | 64114 |
| receives home and community-based services: | 64115 |
| (1) Perform assessments and evaluations of the individual. As | 64116 |
| part of the assessment and evaluation process, the county board | 64117 |
| shall do all of the following: | 64118 |
| (a) Make a recommendation to the department of mental | 64119 |
| retardation and developmental disabilities on whether the | 64120 |
| department should approve or deny the individual's application for | 64121 |
| the services, including on the basis of whether the individual | 64122 |
| needs the level of care an intermediate care facility for the | 64123 |
| mentally retarded provides; | 64124 |
| (b) If the individual's application is denied because of the | 64125 |
| county board's recommendation and the individual requests a | 64126 |
| hearing under section 5101.35 of the Revised Code, present, with | 64127 |
| the department of mental retardation and developmental | 64128 |
| disabilities or department of job and family services, whichever | 64129 |
| denies the application, the reasons for the recommendation and | 64130 |
| denial at the hearing; | 64131 |
| (c) If the individual's application is approved, recommend to | 64132 |
| the departments of mental retardation and developmental | 64133 |
| disabilities and job and family services the services that should | 64134 |
| be included in the individual's individualized service plan and, | 64135 |
| if either department approves, reduces, denies, or terminates a | 64136 |
| service included in the individual's individualized service plan | 64137 |
| under section 5111.871 of the Revised Code because of the county | 64138 |
| board's recommendation, present, with the department that made the | 64139 |
| approval, reduction, denial, or termination, the reasons for the | 64140 |
| recommendation and approval, reduction, denial, or termination at | 64141 |
| a hearing under section 5101.35 of the Revised Code. | 64142 |
| (2) If the individual has been identified by the department | 64143 |
| of mental retardation and developmental disabilities as an | 64144 |
| individual to receive priority for home and community-based | 64145 |
| services pursuant to division (D)(3) of section 5126.042 of the | 64146 |
| Revised Code, assist the department in expediting the transfer of | 64147 |
| the individual from an intermediate care facility for the mentally | 64148 |
| retarded or nursing facility to the home and community-based | 64149 |
| services; | 64150 |
| (3) In accordance with the rules adopted under section | 64151 |
| 5126.046 of the Revised Code, perform the county board's duties | 64152 |
| under that section regarding assisting the individual's right to | 64153 |
| choose a qualified and willing provider of the services and, at a | 64154 |
| hearing under section 5101.35 of the Revised Code, present | 64155 |
| evidence of the process for appropriate assistance in choosing | 64156 |
| providers; | 64157 |
| (4) Unless the county board provides the services under | 64158 |
| division (A)(5) of this section, contract with the person or | 64159 |
| government entity the individual chooses in accordance with | 64160 |
| section 5126.046 of the Revised Code to provide the services if | 64161 |
| the person or government entity is qualified and agrees to provide | 64162 |
| the services. The contract shall contain all the provisions | 64163 |
| required by section 5126.035 of the Revised Code and require the | 64164 |
| provider to agree to furnish, in accordance with the provider's | 64165 |
| medicaid provider agreement and for the authorized reimbursement | 64166 |
| rate, the services the individual requires. | 64167 |
| (5) If the county board is certified under section
| 64168 |
| 5123.16 of the Revised Code to provide the services and agrees to | 64169 |
| provide the services to the individual and the individual chooses | 64170 |
| the county board to provide the services, furnish, in accordance | 64171 |
| with the county board's medicaid provider agreement and for the | 64172 |
| authorized reimbursement rate, the services the individual | 64173 |
| requires; | 64174 |
| (6) Monitor the services provided to the individual and | 64175 |
| ensure the individual's health, safety, and welfare. The | 64176 |
| monitoring shall include quality assurance activities. If the | 64177 |
| county board provides the services, the department of mental | 64178 |
| retardation and developmental disabilities shall also monitor the | 64179 |
| services. | 64180 |
| (7) Develop, with the individual and the provider of the | 64181 |
| individual's services, an effective individualized service plan | 64182 |
| that includes coordination of services, recommend that the | 64183 |
| departments of mental retardation and developmental disabilities | 64184 |
| and job and family services approve the plan, and implement the | 64185 |
| plan unless either department disapproves it; | 64186 |
| (8) Have an investigative agent conduct investigations under | 64187 |
| section 5126.313 of the Revised Code that concern the individual; | 64188 |
| (9) Have a service and support administrator perform the | 64189 |
| duties under division (B)(9) of section 5126.15 of the Revised | 64190 |
| Code that concern the individual. | 64191 |
| (B) | 64192 |
| 64193 | |
| 64194 | |
| 64195 | |
| 64196 | |
| 64197 | |
| 64198 | |
| 64199 | |
| 64200 |
| | 64201 |
| 64202 | |
| 64203 | |
| 64204 | |
| 64205 |
| | 64206 |
| 64207 | |
| 64208 | |
| 64209 | |
| 64210 | |
| 64211 | |
| 64212 | |
| 64213 | |
| 64214 | |
| 64215 | |
| 64216 | |
| 64217 | |
| 64218 | |
| 64219 |
| | 64220 |
| 64221 | |
| 64222 | |
| 64223 | |
| 64224 | |
| 64225 | |
| 64226 |
| | 64227 |
| 64228 | |
| 64229 | |
| 64230 |
| | 64231 |
| 64232 | |
| 64233 | |
| 64234 | |
| 64235 | |
| 64236 |
| | 64237 |
| 64238 | |
| 64239 | |
| 64240 | |
| 64241 | |
| 64242 | |
| 64243 | |
| 64244 | |
| 64245 | |
| 64246 |
| | 64247 |
| 64248 | |
| 64249 | |
| 64250 | |
| 64251 | |
| 64252 | |
| 64253 |
| | 64254 |
| 64255 | |
| 64256 | |
| 64257 | |
| 64258 |
| | 64259 |
| 64260 | |
| 64261 | |
| 64262 | |
| 64263 | |
| 64264 |
| | 64265 |
| 64266 |
| | 64267 |
| 64268 | |
| 64269 |
| | 64270 |
| administrative authority under this section in accordance with all | 64271 |
| of the following: | 64272 |
| (1) The county board's plan that the department of mental | 64273 |
| retardation and developmental disabilities approves under section | 64274 |
| 5123.046 of the Revised Code; | 64275 |
| (2) All applicable federal and state laws; | 64276 |
| (3) All applicable policies of the departments of mental | 64277 |
| retardation and developmental disabilities and job and family | 64278 |
| services and the United States department of health and human | 64279 |
| services; | 64280 |
| (4) The department of job and family services' supervision | 64281 |
| under its authority under section 5111.01 of the Revised Code to | 64282 |
| act as the single state medicaid agency; | 64283 |
| (5) The department of mental retardation and developmental | 64284 |
| disabilities' oversight. | 64285 |
| | 64286 |
| developmental disabilities and job and family services shall | 64287 |
| communicate with and provide training to county boards regarding | 64288 |
| medicaid local administrative authority granted by this section. | 64289 |
| The communication and training shall include issues regarding | 64290 |
| audit protocols and other standards established by the United | 64291 |
| States department of health and human services that the | 64292 |
| departments determine appropriate for communication and training. | 64293 |
| County boards shall participate in the training. The departments | 64294 |
| shall assess the county board's compliance against uniform | 64295 |
| standards that the departments shall establish. | 64296 |
| | 64297 |
| administrative authority granted under this section but may | 64298 |
| contract with a person or government entity, including a council | 64299 |
| of governments, for assistance with its medicaid local | 64300 |
| administrative authority. A county board that enters into such a | 64301 |
| contract shall notify the director of mental retardation and | 64302 |
| developmental disabilities. The notice shall include the tasks and | 64303 |
| responsibilities that the contract gives to the person or | 64304 |
| government entity. The person or government entity shall comply in | 64305 |
| full with all requirements to which the county board is subject | 64306 |
| regarding the person or government entity's tasks and | 64307 |
| responsibilities under the contract. The county board remains | 64308 |
| ultimately responsible for the tasks and responsibilities. | 64309 |
| | 64310 |
| authority under this section shall, through the departments of | 64311 |
| mental retardation and developmental disabilities and job and | 64312 |
| family services, reply to, and cooperate in arranging compliance | 64313 |
| with, a program or fiscal audit or program violation exception | 64314 |
| that a state or federal audit or review discovers. The department | 64315 |
| of job and family services shall timely notify the department of | 64316 |
| mental retardation and developmental disabilities and the county | 64317 |
| board of any adverse findings. After receiving the notice, the | 64318 |
| county board, in conjunction with the department of mental | 64319 |
| retardation and developmental disabilities, shall cooperate fully | 64320 |
| with the department of job and family services and timely prepare | 64321 |
| and send to the department a written plan of correction or | 64322 |
| response to the adverse findings. The county board is liable for | 64323 |
| any adverse findings that result from an action it takes or fails | 64324 |
| to take in its implementation of medicaid local administrative | 64325 |
| authority. | 64326 |
| | 64327 |
| developmental disabilities or department of job and family | 64328 |
| services determines that a county board's implementation of its | 64329 |
| medicaid local administrative authority under this section is | 64330 |
| deficient, the department that makes the determination shall | 64331 |
| require that county board do the following: | 64332 |
| (1) If the deficiency affects the health, safety, or welfare | 64333 |
| of an individual with mental retardation or other developmental | 64334 |
| disability, correct the deficiency within twenty-four hours; | 64335 |
| (2) If the deficiency does not affect the health, safety, or | 64336 |
| welfare of an individual with mental retardation or other | 64337 |
| developmental disability, receive technical assistance from the | 64338 |
| department or submit a plan of correction to the department that | 64339 |
| is acceptable to the department within sixty days and correct the | 64340 |
| deficiency within the time required by the plan of correction. | 64341 |
| Sec. 5126.056. (A) The department of mental retardation and | 64342 |
| developmental disabilities shall take action under division (B) of | 64343 |
| this section against a county board of mental retardation and | 64344 |
| developmental disabilities if any of the following are the case: | 64345 |
| (1) The county board fails to submit to the department all | 64346 |
| the components of its three-year plan required by section 5126.054 | 64347 |
| of the Revised Code within the time required by division (B) of | 64348 |
| that section. | 64349 |
| (2) The department disapproves the county board's three-year | 64350 |
| plan under section 5123.046 of the Revised Code. | 64351 |
| (3) The county board fails, as required by division (C) of | 64352 |
| section 5126.054 of the Revised Code, to update and renew its | 64353 |
| three-year plan in accordance with a schedule the department | 64354 |
| develops under that section. | 64355 |
| (4) The county board fails to implement its initial or | 64356 |
| renewed three-year plan approved by the department. | 64357 |
| (5) The county board fails to correct a deficiency within the | 64358 |
| time required by division | 64359 |
| Revised Code to the satisfaction of the department. | 64360 |
| (6) The county board fails to submit an acceptable plan of | 64361 |
| correction to the department within the time required by division | 64362 |
| 64363 |
| (B) If required by division (A) of this section to take | 64364 |
| action against a county board, the department shall issue an order | 64365 |
| terminating the county board's medicaid local administrative | 64366 |
| authority over all or part of home and community-based services, | 64367 |
|
medicaid case management services, | 64368 |
| 64369 | |
| both of those services. The department shall provide a copy of the | 64370 |
| order to the board of county commissioners, probate judge, county | 64371 |
| auditor, and president and superintendent of the county board. The | 64372 |
| department shall specify in the order the medicaid local | 64373 |
| administrative authority that the department is terminating, the | 64374 |
| reason for the termination, and the county board's option and | 64375 |
| responsibilities under this division. | 64376 |
| A county board whose medicaid local administrative authority | 64377 |
| is terminated may, not later than thirty days after the department | 64378 |
| issues the termination order, recommend to the department that | 64379 |
| another county board that has not had any of its medicaid local | 64380 |
| administrative authority terminated or another entity the | 64381 |
| department approves administer the services for which the county | 64382 |
| board's medicaid local administrative authority is terminated. The | 64383 |
| department may contract with the other county board or entity to | 64384 |
| administer the services. If the department enters into such a | 64385 |
| contract, the county board shall adopt a resolution giving the | 64386 |
| other county board or entity full medicaid local administrative | 64387 |
| authority over the services that the other county board or entity | 64388 |
| is to administer. The other county board or entity shall be known | 64389 |
| as the contracting authority. | 64390 |
| If the department rejects the county board's recommendation | 64391 |
| regarding a contracting authority, the county board may appeal the | 64392 |
| rejection under section 5123.043 of the Revised Code. | 64393 |
| If the county board does not submit a recommendation to the | 64394 |
| department regarding a contracting authority within the required | 64395 |
| time or the department rejects the county board's recommendation | 64396 |
| and the rejection is upheld pursuant to an appeal, if any, under | 64397 |
| section 5123.043 of the Revised Code, the department shall appoint | 64398 |
| an administrative receiver to administer the services for which | 64399 |
| the county board's medicaid local administrative authority is | 64400 |
| terminated. To the extent necessary for the department to appoint | 64401 |
| an administrative receiver, the department may utilize employees | 64402 |
| of the department, management personnel from another county board, | 64403 |
| or other individuals who are not employed by or affiliated with in | 64404 |
| any manner a person that provides home and community-based | 64405 |
|
services | 64406 |
| 64407 | |
| administrative receiver shall assume full administrative | 64408 |
| responsibility for the county board's services for which the | 64409 |
| county board's medicaid local administrative authority is | 64410 |
| terminated. | 64411 |
| The contracting authority or administrative receiver shall | 64412 |
| develop and submit to the department a plan of correction to | 64413 |
| remediate the problems that caused the department to issue the | 64414 |
| termination order. If, after reviewing the plan, the department | 64415 |
| approves it, the contracting authority or administrative receiver | 64416 |
| shall implement the plan. | 64417 |
| The county board shall transfer control of state and federal | 64418 |
| funds it is otherwise eligible to receive for the services for | 64419 |
| which the county board's medicaid local administrative authority | 64420 |
| is terminated and funds the county board may use under division | 64421 |
| (B) of section 5126.057 of the Revised Code to pay the nonfederal | 64422 |
| share of the services that the county board is required by | 64423 |
| division (A) of that section to pay. The county board shall | 64424 |
| transfer control of the funds to the contracting authority or | 64425 |
| administrative receiver administering the services. The amount the | 64426 |
| county board shall transfer shall be the amount necessary for the | 64427 |
| contracting authority or administrative receiver to fulfill its | 64428 |
| duties in administering the services, including its duties to pay | 64429 |
| its personnel for time worked, travel, and related matters. If the | 64430 |
| county board fails to make the transfer, the department may | 64431 |
| withhold the state and federal funds from the county board and | 64432 |
| bring a mandamus action against the county board in the court of | 64433 |
| common pleas of the county served by the county board or in the | 64434 |
| Franklin county court of common pleas. The mandamus action may not | 64435 |
| require that the county board transfer any funds other than the | 64436 |
| funds the county board is required by division (B) of this section | 64437 |
| to transfer. | 64438 |
| The contracting authority or administrative receiver has the | 64439 |
| right to authorize the payment of bills in the same manner that | 64440 |
| the county board may authorize payment of bills under this chapter | 64441 |
| and section 319.16 of the Revised Code. | 64442 |
| Sec. 5126.057. (A) A county board of mental retardation and | 64443 |
| developmental disabilities that has medicaid local administrative | 64444 |
| authority under division (A) of section 5126.055 of the Revised | 64445 |
| Code for home and community-based services shall pay the | 64446 |
| nonfederal share of medicaid expenditures for such services | 64447 |
| provided to an individual with mental retardation or other | 64448 |
| developmental disability who the county board determines under | 64449 |
| section 5126.041 of the Revised Code is eligible for county board | 64450 |
|
services unless division | 64451 |
| the Revised Code requires the department of mental retardation and | 64452 |
| developmental disabilities to pay the nonfederal share. | 64453 |
| A county board that | 64454 |
| 64455 | |
| 64456 | |
| nonfederal share of medicaid expenditures for such services | 64457 |
| provided to an individual with mental retardation or other | 64458 |
| developmental disability who the county board determines under | 64459 |
| section 5126.041 of the Revised Code is eligible for county board | 64460 |
|
services | 64461 |
| 64462 | |
| 64463 |
| | 64464 |
| 64465 | |
| 64466 |
| (B) A county board may use the following funds to pay the | 64467 |
| nonfederal share of the services that the county board is required | 64468 |
| by division (A) of this section to pay: | 64469 |
| (1) To the extent consistent with the levy that generated the | 64470 |
| taxes, the following taxes: | 64471 |
| (a) Taxes levied pursuant to division (L) of section 5705.19 | 64472 |
| of the Revised Code and section 5705.222 of the Revised Code; | 64473 |
| (b) Taxes levied under section 5705.191 of the Revised Code | 64474 |
| that the board of county commissioners allocates to the county | 64475 |
| board to pay the nonfederal share of the services. | 64476 |
| (2) Funds that the department of mental retardation and | 64477 |
| developmental disabilities distributes to the county board under | 64478 |
| sections 5126.11, 5126.12, 5126.15, 5126.18, and 5126.44 of the | 64479 |
| Revised Code; | 64480 |
| (3) | 64481 |
| 64482 | |
| 64483 |
| | 64484 |
| for medicaid services the county board provides pursuant to the | 64485 |
| county board's valid medicaid provider agreement. | 64486 |
| (C) If by December 31, 2001, the United States secretary of | 64487 |
| health and human services approves at least five hundred more | 64488 |
| slots for home and community-based services for calendar year 2002 | 64489 |
| than were available for calendar year 2001, each county board | 64490 |
| shall provide, by the last day of calendar year 2001, assurances | 64491 |
| to the department of mental retardation and developmental | 64492 |
| disabilities that the county board will have for calendar year | 64493 |
| 2002 at least one-third of the value of one-half, effective mill | 64494 |
| levied in the county the preceding year available to pay the | 64495 |
| nonfederal share of the services that the county board is required | 64496 |
| by division (A) of this section to pay. | 64497 |
| If by December 31, 2002, the United States secretary approves | 64498 |
| at least five hundred more slots for home and community-based | 64499 |
| services for calendar year 2003 than were available for calendar | 64500 |
| year 2002, each county board shall provide, by the last day of | 64501 |
| calendar year 2002, assurances to the department that the county | 64502 |
| board will have for calendar year 2003 at least two-thirds of the | 64503 |
| value of one-half, effective mill levied in the county the | 64504 |
| preceding year available to pay the nonfederal share of the | 64505 |
| services that the county board is required by division (A) of this | 64506 |
| section to pay. | 64507 |
| If by December 31, 2003, the United States secretary approves | 64508 |
| at least five hundred more slots for home and community-based | 64509 |
| services for calendar year 2004 than were available for calendar | 64510 |
| year 2003, each county board shall provide, by the last day of | 64511 |
| calendar year 2003 and each calendar year thereafter, assurances | 64512 |
| to the department that the county board will have for calendar | 64513 |
| year 2004 and each calendar year thereafter at least the value of | 64514 |
| one-half, effective mill levied in the county the preceding year | 64515 |
| available to pay the nonfederal share of the services that the | 64516 |
| county board is required by division (A) of this section to pay. | 64517 |
| (D) Each year, each county board shall adopt a resolution | 64518 |
| specifying the amount of funds it will use in the next year to pay | 64519 |
| the nonfederal share of the services that the county board is | 64520 |
| required by division (A) of this section to pay. The amount | 64521 |
| specified shall be adequate to assure that the services will be | 64522 |
| available in the county in a manner that conforms to all | 64523 |
| applicable state and federal laws. A county board shall state in | 64524 |
| its resolution that the payment of the nonfederal share represents | 64525 |
| an ongoing financial commitment of the county board. A county | 64526 |
| board shall adopt the resolution in time for the county auditor to | 64527 |
| make the determination required by division (E) of this section. | 64528 |
| (E) Each year, a county auditor shall determine whether the | 64529 |
| amount of funds a county board specifies in the resolution it | 64530 |
| adopts under division (D) of this section will be available in the | 64531 |
| following year for the county board to pay the nonfederal share of | 64532 |
| the services that the county board is required by division (A) of | 64533 |
| this section to pay. The county auditor shall make the | 64534 |
| determination not later than the last day of the year before the | 64535 |
| year in which the funds are to be used. | 64536 |
| Sec. 5126.12. (A) As used in this section: | 64537 |
| (1) "Approved school age class" means a class operated by a | 64538 |
| county board of mental retardation and developmental disabilities | 64539 |
| and funded by the department of education under section 3317.20 of | 64540 |
| the Revised Code. | 64541 |
| (2) "Approved preschool unit" means a class or unit operated | 64542 |
| by a county board of mental retardation and developmental | 64543 |
| disabilities and approved under division (B) of section 3317.05 of | 64544 |
| the Revised Code. | 64545 |
| (3) "Active treatment" means a continuous treatment program, | 64546 |
| which includes aggressive, consistent implementation of a program | 64547 |
| of specialized and generic training, treatment, health services, | 64548 |
| and related services, that is directed toward the acquisition of | 64549 |
| behaviors necessary for an individual with mental retardation or | 64550 |
| other developmental disability to function with as much | 64551 |
| self-determination and independence as possible and toward the | 64552 |
| prevention of deceleration, regression, or loss of current optimal | 64553 |
| functional status. | 64554 |
| (4) "Eligible for active treatment" means that an individual | 64555 |
| with mental retardation or other developmental disability resides | 64556 |
| in an intermediate care facility for the mentally retarded | 64557 |
| certified under Title XIX of the "Social Security Act," 79 Stat. | 64558 |
| 286 (1965), 42 U.S.C. 1396, as amended; resides in a state | 64559 |
| institution operated by the department of mental retardation and | 64560 |
| developmental disabilities; or is enrolled in home and | 64561 |
| community-based services. | 64562 |
| (5)
| 64563 |
| 64564 | |
| 64565 | |
| 64566 |
| | 64567 |
| nonvocational activities conducted within a sheltered workshop or | 64568 |
| adult activity center or supportive home services. | 64569 |
| (B) Each county board of mental retardation and developmental | 64570 |
| disabilities shall certify to the director of mental retardation | 64571 |
| and developmental disabilities all of the following: | 64572 |
| (1) On or before the fifteenth day of October, the average | 64573 |
| daily membership for the first full week of programs and services | 64574 |
| during October receiving: | 64575 |
| (a) Early childhood services provided pursuant to section | 64576 |
| 5126.05 of the Revised Code for children who are less than three | 64577 |
| years of age on the thirtieth day of September of the academic | 64578 |
| year; | 64579 |
| (b) Special education for handicapped children in approved | 64580 |
| school age classes; | 64581 |
| (c) Adult services for persons sixteen years of age and older | 64582 |
| operated pursuant to section 5126.05 and division (B) of section | 64583 |
| 5126.051 of the Revised Code. Separate counts shall be made for | 64584 |
| the following: | 64585 |
| (i) Persons enrolled in traditional adult services who are | 64586 |
|
eligible for but not enrolled in active treatment | 64587 |
| 64588 |
| (ii) Persons enrolled in traditional adult services who are | 64589 |
|
eligible for and enrolled in active treatment | 64590 |
| 64591 |
| (iii) Persons enrolled in traditional adult services but who | 64592 |
|
are not eligible for active treatment | 64593 |
| 64594 |
| (iv) Persons participating in community employment services. | 64595 |
| To be counted as participating in community employment services, a | 64596 |
| person must have spent an average of no less than ten hours per | 64597 |
| week in that employment during the preceding six months. | 64598 |
| (d) Other programs in the county for individuals with mental | 64599 |
| retardation and developmental disabilities that have been approved | 64600 |
| for payment of subsidy by the department of mental retardation and | 64601 |
| developmental disabilities. | 64602 |
| The membership in each such program and service in the county | 64603 |
| shall be reported on forms prescribed by the department of mental | 64604 |
| retardation and developmental disabilities. | 64605 |
| The department of mental retardation and developmental | 64606 |
| disabilities shall adopt rules defining full-time equivalent | 64607 |
| enrollees and for determining the average daily membership | 64608 |
| therefrom, except that certification of average daily membership | 64609 |
| in approved school age classes shall be in accordance with rules | 64610 |
| adopted by the state board of education. The average daily | 64611 |
| membership figure shall be determined by dividing the amount | 64612 |
| representing the sum of the number of enrollees in each program or | 64613 |
| service in the week for which the certification is made by the | 64614 |
| number of days the program or service was offered in that week. No | 64615 |
| enrollee may be counted in average daily membership for more than | 64616 |
| one program or service. | 64617 |
| (2) By the fifteenth day of December, the number of children | 64618 |
| enrolled in approved preschool units on the first day of December; | 64619 |
| (3) On or before the thirtieth day of March, an itemized | 64620 |
| report of all income and operating expenditures for the | 64621 |
| immediately preceding calendar year, in the format specified by | 64622 |
| the department of mental retardation and developmental | 64623 |
| disabilities; | 64624 |
| (4) By the fifteenth day of February, a report of the total | 64625 |
| annual cost per enrollee for operation of programs and services in | 64626 |
| the preceding calendar year. The report shall include a grand | 64627 |
| total of all programs operated, the cost of the individual | 64628 |
| programs, and the sources of funds applied to each program. | 64629 |
| (5) That each required certification and report is in | 64630 |
| accordance with rules established by the department of mental | 64631 |
| retardation and developmental disabilities and the state board of | 64632 |
| education for the operation and subsidization of the programs and | 64633 |
| services. | 64634 |
| (C) To compute payments under this section to the board for | 64635 |
| the fiscal year, the department of mental retardation and | 64636 |
| developmental disabilities shall use the certification of average | 64637 |
| daily membership required by division (B)(1) of this section | 64638 |
| exclusive of the average daily membership in any approved school | 64639 |
| age class and the number in any approved preschool unit. | 64640 |
| (D) The department shall pay each county board for each | 64641 |
| fiscal year an amount equal to nine hundred fifty dollars times | 64642 |
| the certified number of persons who on the first day of December | 64643 |
| of the academic year are under three years of age and are not in | 64644 |
| an approved preschool unit. For persons who are at least age | 64645 |
| sixteen and are not in an approved school age class, the | 64646 |
| department shall pay each county board for each fiscal year the | 64647 |
| following amounts: | 64648 |
| (1) One thousand dollars times the certified average daily | 64649 |
| membership of persons enrolled in traditional adult services who | 64650 |
|
are eligible for but not enrolled in active treatment | 64651 |
| 64652 |
| (2) One thousand two hundred dollars times the certified | 64653 |
| average daily membership of persons enrolled in traditional adult | 64654 |
| services who are eligible for and enrolled in active treatment | 64655 |
| 64656 |
| (3) No less than one thousand five hundred dollars times the | 64657 |
| certified average daily membership of persons enrolled in | 64658 |
| traditional adult services but who are not eligible for active | 64659 |
|
treatment | 64660 |
| (4) No less than one thousand five hundred dollars times the | 64661 |
| certified average daily membership of persons participating in | 64662 |
| community employment services. | 64663 |
| (E) The department shall distribute this subsidy to county | 64664 |
| boards in quarterly installments of equal amounts. The | 64665 |
| installments shall be made not later than the thirtieth day of | 64666 |
| September, the thirty-first day of December, the thirty-first day | 64667 |
| of March, and the thirtieth day of June. | 64668 |
| (F) The director of mental retardation and developmental | 64669 |
| disabilities shall make efforts to obtain increases in the | 64670 |
| subsidies for early childhood services and adult services so that | 64671 |
| the amount of the subsidies is equal to at least fifty per cent of | 64672 |
| the statewide average cost of those services minus any applicable | 64673 |
| federal reimbursements for those services. The director shall | 64674 |
| advise the director of budget and management of the need for any | 64675 |
| such increases when submitting the biennial appropriations request | 64676 |
| for the department. | 64677 |
| (G) In determining the reimbursement of a county board for | 64678 |
| the provision of service and support administration, family | 64679 |
| support services, and other services required or approved by the | 64680 |
| director for which children three through twenty-one years of age | 64681 |
| are eligible, the department shall include the average daily | 64682 |
| membership in approved school age or preschool units. The | 64683 |
| department, in accordance with this section and upon receipt and | 64684 |
| approval of the certification required by this section and any | 64685 |
| other information it requires to enable it to determine a board's | 64686 |
| payments, shall pay the agency providing the specialized training | 64687 |
| the amounts payable under this section. | 64688 |
| Sec. 5139.01. (A) As used in this chapter: | 64689 |
| (1) "Commitment" means the transfer of the physical custody | 64690 |
| of a child or youth from the court to the department of youth | 64691 |
| services. | 64692 |
| (2) "Permanent commitment" means a commitment that vests | 64693 |
| legal custody of a child in the department of youth services. | 64694 |
| (3) "Legal custody," insofar as it pertains to the status | 64695 |
| that is created when a child is permanently committed to the | 64696 |
| department of youth services, means a legal status in which the | 64697 |
| department has the following rights and responsibilities: the | 64698 |
| right to have physical possession of the child; the right and duty | 64699 |
| to train, protect, and control the child; the responsibility to | 64700 |
| provide the child with food, clothing, shelter, education, and | 64701 |
| medical care; and the right to determine where and with whom the | 64702 |
| child shall live, subject to the minimum periods of, or periods | 64703 |
| of, institutional care prescribed in sections 2152.13 to 2152.18 | 64704 |
| of the Revised Code; provided, that these rights and | 64705 |
| responsibilities are exercised subject to the powers, rights, | 64706 |
| duties, and responsibilities of the guardian of the person of the | 64707 |
| child, and subject to any residual parental rights and | 64708 |
| responsibilities. | 64709 |
| (4) Unless the context requires a different meaning, | 64710 |
| "institution" means a state facility that is created by the | 64711 |
| general assembly and that is under the management and control of | 64712 |
| the department of youth services or a private entity with which | 64713 |
| the department has contracted for the institutional care and | 64714 |
| custody of felony delinquents. | 64715 |
| (5) "Full-time care" means care for twenty-four hours a day | 64716 |
| for over a period of at least two consecutive weeks. | 64717 |
| (6) "Placement" means the conditional release of a child | 64718 |
| under the terms and conditions that are specified by the | 64719 |
| department of youth services. The department shall retain legal | 64720 |
| custody of a child released pursuant to division (C) of section | 64721 |
| 2152.22 of the Revised Code or division (C) of section 5139.06 of | 64722 |
| the Revised Code until the time that it discharges the child or | 64723 |
| until the legal custody is terminated as otherwise provided by | 64724 |
| law. | 64725 |
| (7) "Home placement" means the placement of a child in the | 64726 |
| home of the child's parent or parents or in the home of the | 64727 |
| guardian of the child's person. | 64728 |
| (8) "Discharge" means that the department of youth services' | 64729 |
| legal custody of a child is terminated. | 64730 |
| (9) "Release" means the termination of a child's stay in an | 64731 |
| institution and the subsequent period during which the child | 64732 |
| returns to the community under the terms and conditions of | 64733 |
| supervised release. | 64734 |
| (10) "Delinquent child" has the same meaning as in section | 64735 |
| 2152.02 of the Revised Code. | 64736 |
| (11) "Felony delinquent" means any child who is at least ten | 64737 |
| years of age but less than eighteen years of age and who is | 64738 |
| adjudicated a delinquent child for having committed an act that if | 64739 |
| committed by an adult would be a felony. "Felony delinquent" | 64740 |
| includes any adult who is between the ages of eighteen and | 64741 |
| twenty-one and who is in the legal custody of the department of | 64742 |
| youth services for having committed an act that if committed by an | 64743 |
| adult would be a felony. | 64744 |
| (12) "Juvenile traffic offender" has the same meaning as in | 64745 |
| section 2152.02 of the Revised Code. | 64746 |
| (13) "Public safety beds" means all of the following: | 64747 |
| (a) Felony delinquents who have been committed to the | 64748 |
| department of youth services for the commission of an act, other | 64749 |
| than a violation of section 2911.01 or 2911.11 of the Revised | 64750 |
| Code, that is a category one offense or a category two offense and | 64751 |
| who are in the care and custody of an institution or have been | 64752 |
| diverted from care and custody in an institution and placed in a | 64753 |
| community corrections facility; | 64754 |
| (b) Felony delinquents who, while committed to the department | 64755 |
| of youth services and in the care and custody of an institution or | 64756 |
| a community corrections facility, are adjudicated delinquent | 64757 |
| children for having committed in that institution or community | 64758 |
| corrections facility an act that if committed by an adult would be | 64759 |
| a misdemeanor or a felony; | 64760 |
| (c) Children who satisfy all of the following: | 64761 |
| (i) They are at least ten years of age but less than eighteen | 64762 |
| years of age. | 64763 |
| (ii) They are adjudicated delinquent children for having | 64764 |
| committed acts that if committed by an adult would be a felony. | 64765 |
| (iii) They are committed to the department of youth services | 64766 |
| by the juvenile court of a county that has had one-tenth of one | 64767 |
| per cent or less of the statewide adjudications for felony | 64768 |
| delinquents as averaged for the past four fiscal years. | 64769 |
| (iv) They are in the care and custody of an institution or a | 64770 |
| community corrections facility. | 64771 |
| (d) Felony delinquents who, while committed to the department | 64772 |
| of youth services and in the care and custody of an institution | 64773 |
| are serving disciplinary time for having committed an act | 64774 |
| described in division (A) | 64775 |
| and who have been institutionalized or institutionalized in a | 64776 |
| secure facility for the minimum period of time specified in | 64777 |
| divisions (A)(1)(b) to (e) of section 2152.16 of the Revised Code. | 64778 |
| (e) Felony delinquents who are subject to and serving a | 64779 |
| three-year period of commitment order imposed by a juvenile court | 64780 |
| pursuant to divisions (A) and (B) of section 2152.17 of the | 64781 |
| Revised Code for an act, other than a violation of section 2911.11 | 64782 |
| of the Revised Code, that would be a category one offense or | 64783 |
| category two offense if committed by an adult. | 64784 |
| (f) Felony delinquents who are described in divisions | 64785 |
| (A)(13)(a) to (e) of this section, who have been granted a | 64786 |
| judicial release to court supervision under division (B) of | 64787 |
| section 2152.22 of the Revised Code or a judicial release to the | 64788 |
| department of youth services supervision under division (C) of | 64789 |
| that section from the commitment to the department of youth | 64790 |
| services for the act described in divisions (A)(13)(a) to (e) of | 64791 |
| this section, who have violated the terms and conditions of that | 64792 |
| release, and who, pursuant to an order of the court of the county | 64793 |
| in which the particular felony delinquent was placed on release | 64794 |
| that is issued pursuant to division (D) of section 2152.22 of the | 64795 |
| Revised Code, have been returned to the department for | 64796 |
| institutionalization or institutionalization in a secure facility. | 64797 |
| (g) Felony delinquents who have been committed to the custody | 64798 |
| of the department of youth services, who have been granted | 64799 |
| supervised release from the commitment pursuant to section 5139.51 | 64800 |
| of the Revised Code, who have violated the terms and conditions of | 64801 |
| that supervised release, and who, pursuant to an order of the | 64802 |
| court of the county in which the particular child was placed on | 64803 |
| supervised release issued pursuant to division (F) of section | 64804 |
| 5139.52 of the Revised Code, have had the supervised release | 64805 |
| revoked and have been returned to the department for | 64806 |
| institutionalization. A felony delinquent described in this | 64807 |
| division shall be a public safety bed only for the time during | 64808 |
| which the felony delinquent is institutionalized as a result of | 64809 |
| the revocation subsequent to the initial thirty-day period of | 64810 |
| institutionalization required by division (F) of section 5139.52 | 64811 |
| of the Revised Code. | 64812 |
| (14) Unless the context requires a different meaning, | 64813 |
| "community corrections facility" means a county or multicounty | 64814 |
| rehabilitation center for felony delinquents who have been | 64815 |
| committed to the department of youth services and diverted from | 64816 |
| care and custody in an institution and placed in the | 64817 |
| rehabilitation center pursuant to division (E) of section 5139.36 | 64818 |
| of the Revised Code. | 64819 |
| (15) "Secure facility" means any facility that is designed | 64820 |
| and operated to ensure that all of its entrances and exits are | 64821 |
| under the exclusive control of its staff and to ensure that, | 64822 |
| because of that exclusive control, no child who has been | 64823 |
| institutionalized in the facility may leave the facility without | 64824 |
| permission or supervision. | 64825 |
| (16) "Community residential program" means a program that | 64826 |
| satisfies both of the following: | 64827 |
| (a) It is housed in a building or other structure that has no | 64828 |
| associated major restraining construction, including, but not | 64829 |
| limited to, a security fence. | 64830 |
| (b) It provides twenty-four-hour care, supervision, and | 64831 |
| programs for felony delinquents who are in residence. | 64832 |
| (17) "Category one offense" and "category two offense" have | 64833 |
| the same meanings as in section 2151.26 of the Revised Code. | 64834 |
| (18) "Disciplinary time" means additional time that the | 64835 |
| department of youth services requires a felony delinquent to serve | 64836 |
| in an institution, that delays the felony delinquent's planned | 64837 |
| release, and that the department imposes upon the felony | 64838 |
| delinquent following the conduct of an internal due process | 64839 |
| hearing for having committed any of the following acts while | 64840 |
| committed to the department and in the care and custody of an | 64841 |
| institution: | 64842 |
| (a) An act that if committed by an adult would be a felony; | 64843 |
| (b) An act that if committed by an adult would be a | 64844 |
| misdemeanor; | 64845 |
| (c) An act that is not described in division (A)(18)(a) or | 64846 |
| (b) of this section and that violates an institutional rule of | 64847 |
| conduct of the department. | 64848 |
| (19) "Unruly child" has the same meaning as in section | 64849 |
| 2151.022 of the Revised Code. | 64850 |
| (20) "Revocation" means the act of revoking a child's | 64851 |
| supervised release for a violation of a term or condition of the | 64852 |
| child's supervised release in accordance with section 5139.52 of | 64853 |
| the Revised Code. | 64854 |
| (21) "Release authority" means the release authority of the | 64855 |
| department of youth services that is established by section | 64856 |
| 5139.50 of the Revised Code. | 64857 |
| (22) "Supervised release" means the event of the release of a | 64858 |
| child under this chapter from an institution and the period after | 64859 |
| that release during which the child is supervised and assisted by | 64860 |
| an employee of the department of youth services under specific | 64861 |
| terms and conditions for reintegration of the child into the | 64862 |
| community. | 64863 |
| (23) "Victim" means the person identified in a police report, | 64864 |
| complaint, or information as the victim of an act that would have | 64865 |
| been a criminal offense if committed by an adult and that provided | 64866 |
| the basis for adjudication proceedings resulting in a child's | 64867 |
| commitment to the legal custody of the department of youth | 64868 |
| services. | 64869 |
| (24) "Victim's representative" means a member of the victim's | 64870 |
| family or another person whom the victim or another authorized | 64871 |
| person designates in writing, pursuant to section 5139.56 of the | 64872 |
| Revised Code, to represent the victim with respect to proceedings | 64873 |
| of the release authority of the department of youth services and | 64874 |
| with respect to other matters specified in that section. | 64875 |
| (25) "Member of the victim's family" means a spouse, child, | 64876 |
| stepchild, sibling, parent, stepparent, grandparent, other | 64877 |
| relative, or legal guardian of a child but does not include a | 64878 |
| person charged with, convicted of, or adjudicated a delinquent | 64879 |
| child for committing a criminal or delinquent act against the | 64880 |
| victim or another criminal or delinquent act arising out of the | 64881 |
| same conduct, criminal or delinquent episode, or plan as the | 64882 |
| criminal or delinquent act committed against the victim. | 64883 |
| (26) "Judicial release to court supervision" means a release | 64884 |
| of a child from institutional care or institutional care in a | 64885 |
| secure facility that is granted by a court pursuant to division | 64886 |
| (B) of section 2152.22 of the Revised Code during the period | 64887 |
| specified in that division. | 64888 |
| (27) "Judicial release to department of youth services | 64889 |
| supervision" means a release of a child from institutional care or | 64890 |
| institutional care in a secure facility that is granted by a court | 64891 |
| pursuant to division (C) of section 2152.22 of the Revised Code | 64892 |
| during the period specified in that division. | 64893 |
| (28) "Juvenile justice system" includes all of the functions | 64894 |
| of the juvenile courts, the department of youth services, any | 64895 |
| public or private agency whose purposes include the prevention of | 64896 |
| delinquency or the diversion, adjudication, detention, or | 64897 |
| rehabilitation of delinquent children, and any of the functions of | 64898 |
| the criminal justice system that are applicable to children. | 64899 |
| (29) "Metropolitan county criminal justice services agency" | 64900 |
| means an agency that is established pursuant to division (A) of | 64901 |
|
section | 64902 |
| (30) "Administrative planning district" means a district that | 64903 |
|
is established pursuant to division (A) or (B) of section | 64904 |
| 5502.66 of the Revised Code. | 64905 |
| (31) "Criminal justice coordinating council" means a criminal | 64906 |
| justice services agency that is established pursuant to division | 64907 |
|
(D) of section | 64908 |
| (32) "Comprehensive plan" means a document that coordinates, | 64909 |
| evaluates, and otherwise assists, on an annual or multi-year | 64910 |
| basis, all of the functions of the juvenile justice systems of the | 64911 |
| state or a specified area of the state, that conforms to the | 64912 |
| priorities of the state with respect to juvenile justice systems, | 64913 |
| and that conforms with the requirements of all federal criminal | 64914 |
| justice acts. These functions include, but are not limited to, all | 64915 |
| of the following: | 64916 |
| (a) Delinquency; | 64917 |
| (b) Identification, detection, apprehension, and detention of | 64918 |
| persons charged with delinquent acts; | 64919 |
| (c) Assistance to crime victims or witnesses, except that the | 64920 |
| comprehensive plan does not include the functions of the attorney | 64921 |
| general pursuant to sections 109.91 and 109.92 of the Revised | 64922 |
| Code; | 64923 |
| (d) Adjudication or diversion of persons charged with | 64924 |
| delinquent acts; | 64925 |
| (e) Custodial treatment of delinquent children; | 64926 |
| (f) Institutional and noninstitutional rehabilitation of | 64927 |
| delinquent children. | 64928 |
| (B) There is hereby created the department of youth services. | 64929 |
| The governor shall appoint the director of the department with the | 64930 |
| advice and consent of the senate. The director shall hold office | 64931 |
| during the term of the appointing governor but subject to removal | 64932 |
| at the pleasure of the governor. Except as otherwise authorized in | 64933 |
| section 108.05 of the Revised Code, the director shall devote the | 64934 |
| director's entire time to the duties of the director's office and | 64935 |
| shall hold no other office or position of trust or profit during | 64936 |
| the director's term of office. | 64937 |
| The director is the chief executive and administrative | 64938 |
| officer of the department and has all the powers of a department | 64939 |
| head set forth in Chapter 121. of the Revised Code. The director | 64940 |
| may adopt rules for the government of the department, the conduct | 64941 |
| of its officers and employees, the performance of its business, | 64942 |
| and the custody, use, and preservation of the department's | 64943 |
| records, papers, books, documents, and property. The director | 64944 |
| shall be an appointing authority within the meaning of Chapter | 64945 |
| 124. of the Revised Code. Whenever this or any other chapter or | 64946 |
| section of the Revised Code imposes a duty on or requires an | 64947 |
| action of the department, the duty or action shall be performed by | 64948 |
| the director or, upon the director's order, in the name of the | 64949 |
| department. | 64950 |
| Sec. 5139.36. (A) In accordance with this section and the | 64951 |
| rules adopted under it and from funds appropriated to the | 64952 |
| department of youth services for the purposes of this section, the | 64953 |
| department shall make grants that provide financial resources to | 64954 |
| operate community corrections facilities for felony delinquents. | 64955 |
| (B)(1) Each community corrections facility that intends to | 64956 |
| seek a grant under this section shall file an application with the | 64957 |
| department of youth services at the time and in accordance with | 64958 |
| the procedures that the department shall establish by rules | 64959 |
| adopted in accordance with Chapter 119. of the Revised Code. In | 64960 |
| addition to other items required to be included in the | 64961 |
| application, a plan that satisfies both of the following shall be | 64962 |
| included: | 64963 |
| (a) It reduces the number of felony delinquents committed to | 64964 |
| the department from the county or counties associated with the | 64965 |
| community corrections facility. | 64966 |
| (b) It ensures equal access for minority felony delinquents | 64967 |
| to the programs and services for which a potential grant would be | 64968 |
| used. | 64969 |
| (2) The department of youth services shall review each | 64970 |
| application submitted pursuant to division (B)(1) of this section | 64971 |
| to determine whether the plan described in that division, the | 64972 |
| community corrections facility, and the application comply with | 64973 |
| this section and the rules adopted under it. | 64974 |
| (C) To be eligible for a grant under this section and for | 64975 |
| continued receipt of moneys comprising a grant under this section, | 64976 |
| a community corrections facility shall satisfy at least all of the | 64977 |
| following requirements: | 64978 |
| (1) Be constructed, reconstructed, improved, or financed by | 64979 |
| the Ohio building authority pursuant to section 307.021 of the | 64980 |
| Revised Code and Chapter 152. of the Revised Code for the use of | 64981 |
| the department of youth services and be designated as a community | 64982 |
| corrections facility; | 64983 |
| (2) Have written standardized criteria governing the types of | 64984 |
| felony delinquents that are eligible for the programs and services | 64985 |
| provided by the facility; | 64986 |
| (3) Have a written standardized intake screening process and | 64987 |
| an intake committee that at least performs both of the following | 64988 |
| tasks: | 64989 |
| (a) Screens all eligible felony delinquents who are being | 64990 |
| considered for admission to the facility in lieu of commitment to | 64991 |
| the department; | 64992 |
| (b) Notifies, within ten days after the date of the referral | 64993 |
| of a felony delinquent to the facility, the committing court | 64994 |
| whether the felony delinquent will be admitted to the facility. | 64995 |
| (4) Comply with all applicable fiscal and program rules that | 64996 |
| the department adopts in accordance with Chapter 119. of the | 64997 |
| Revised Code and demonstrate that felony delinquents served by the | 64998 |
| facility have been or will be diverted from a commitment to the | 64999 |
| department. | 65000 |
| (D) The department of youth services shall determine the | 65001 |
| method of distribution of the funds appropriated for grants under | 65002 |
| this section to community corrections facilities. | 65003 |
| (E)(1) The department of youth services shall adopt rules in | 65004 |
| accordance with Chapter 119. of the Revised Code to establish the | 65005 |
| minimum occupancy threshold of community corrections facilities. | 65006 |
| (2) The department may make referrals for the placement of | 65007 |
| children in its custody to a community corrections facility | 65008 |
| 65009 | |
| 65010 | |
| forty-five days prior to the referral of a child or within any | 65011 |
| shorter period prior to the referral of the child that the | 65012 |
| committing court may allow, the department shall notify the | 65013 |
| committing court of its intent to place the child in a community | 65014 |
| corrections facility. The court shall have thirty days after the | 65015 |
| receipt of the notice to approve or disapprove the placement. If | 65016 |
| the court does not respond to the notice of the placement within | 65017 |
| that thirty-day period, the department shall proceed with the | 65018 |
| placement and debit the county in accordance with sections 5139.41 | 65019 |
| to 5139.43 of the Revised Code. A child placed in a community | 65020 |
| corrections facility pursuant to this division shall remain in the | 65021 |
| legal custody of the department of youth services during the | 65022 |
| period in which the child is in the community corrections | 65023 |
| facility. | 65024 |
| (3) Counties that are not associated with a community | 65025 |
| corrections facility may refer children to a community corrections | 65026 |
| facility with the consent of the facility. The department of youth | 65027 |
| services shall debit the county that makes the referral in | 65028 |
| accordance with sections 5139.41 to 5139.43 of the Revised Code. | 65029 |
| (F) If the board or other governing body of a community | 65030 |
| corrections facility establishes an advisory board, the board or | 65031 |
| other governing authority of the community corrections facility | 65032 |
| shall reimburse the members of the advisory board for their actual | 65033 |
| and necessary expenses incurred in the performance of their | 65034 |
| official duties on the advisory board. The members of advisory | 65035 |
| boards shall serve without compensation. | 65036 |
| Sec. 5153.16. (A) Except as provided in section 2151.422 of | 65037 |
| the Revised Code, in accordance with rules of the department of | 65038 |
| job and family services, and on behalf of children in the county | 65039 |
| whom the public children services agency considers to be in need | 65040 |
| of public care or protective services, the public children | 65041 |
| services agency shall do all of the following: | 65042 |
| (1) Make an investigation concerning any child alleged to be | 65043 |
| an abused, neglected, or dependent child; | 65044 |
| (2) Enter into agreements with the parent, guardian, or other | 65045 |
| person having legal custody of any child, or with the department | 65046 |
| of job and family services, department of mental health, | 65047 |
| department of mental retardation and developmental disabilities, | 65048 |
| other department, any certified organization within or outside the | 65049 |
| county, or any agency or institution outside the state, having | 65050 |
| legal custody of any child, with respect to the custody, care, or | 65051 |
| placement of any child, or with respect to any matter, in the | 65052 |
| interests of the child, provided the permanent custody of a child | 65053 |
| shall not be transferred by a parent to the public children | 65054 |
| services agency without the consent of the juvenile court; | 65055 |
| (3) Accept custody of children committed to the public | 65056 |
| children services agency by a court exercising juvenile | 65057 |
| jurisdiction; | 65058 |
| (4) Provide such care as the public children services agency | 65059 |
| considers to be in the best interests of any child adjudicated to | 65060 |
| be an abused, neglected, or dependent child the agency finds to be | 65061 |
| in need of public care or service; | 65062 |
| (5) Provide social services to any unmarried girl adjudicated | 65063 |
| to be an abused, neglected, or dependent child who is pregnant | 65064 |
| with or has been delivered of a child; | 65065 |
| (6) Make available to the bureau for children with medical | 65066 |
| handicaps of the department of health at its request any | 65067 |
| information concerning a crippled child found to be in need of | 65068 |
| treatment under sections 3701.021 to 3701.028 of the Revised Code | 65069 |
| who is receiving services from the public children services | 65070 |
| agency; | 65071 |
| (7) Provide temporary emergency care for any child considered | 65072 |
| by the public children services agency to be in need of such care, | 65073 |
| without agreement or commitment; | 65074 |
| (8) Find certified foster homes, within or outside the | 65075 |
| county, for the care of children, including handicapped children | 65076 |
| from other counties attending special schools in the county; | 65077 |
| (9) Subject to the approval of the board of county | 65078 |
| commissioners and the state department of job and family services, | 65079 |
| establish and operate a training school or enter into an agreement | 65080 |
| with any municipal corporation or other political subdivision of | 65081 |
| the county respecting the operation, acquisition, or maintenance | 65082 |
| of any children's home, training school, or other institution for | 65083 |
| the care of children maintained by such municipal corporation or | 65084 |
| political subdivision; | 65085 |
| (10) Acquire and operate a county children's home, establish, | 65086 |
| maintain, and operate a receiving home for the temporary care of | 65087 |
| children, or procure certified foster homes for this purpose; | 65088 |
| (11) Enter into an agreement with the trustees of any | 65089 |
| district children's home, respecting the operation of the district | 65090 |
| children's home in cooperation with the other county boards in the | 65091 |
| district; | 65092 |
| (12) Cooperate with, make its services available to, and act | 65093 |
| as the agent of persons, courts, the department of job and family | 65094 |
| services, the department of health, and other organizations within | 65095 |
| and outside the state, in matters relating to the welfare of | 65096 |
| children, except that the public children services agency shall | 65097 |
| not be required to provide supervision of or other services | 65098 |
| related to the exercise of parenting time rights granted pursuant | 65099 |
| to section 3109.051 or 3109.12 of the Revised Code or | 65100 |
| companionship or visitation rights granted pursuant to section | 65101 |
| 3109.051, 3109.11, or 3109.12 of the Revised Code unless a | 65102 |
| juvenile court, pursuant to Chapter 2151. of the Revised Code, or | 65103 |
| a common pleas court, pursuant to division (E)(6) of section | 65104 |
| 3113.31 of the Revised Code, requires the provision of supervision | 65105 |
| or other services related to the exercise of the parenting time | 65106 |
| rights or companionship or visitation rights; | 65107 |
| (13) Make investigations at the request of any superintendent | 65108 |
| of schools in the county or the principal of any school concerning | 65109 |
| the application of any child adjudicated to be an abused, | 65110 |
| neglected, or dependent child for release from school, where such | 65111 |
| service is not provided through a school attendance department; | 65112 |
| (14) Administer funds provided under Title IV-E of the | 65113 |
| "Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as | 65114 |
| amended, in accordance with rules adopted under section 5101.141 | 65115 |
| of the Revised Code; | 65116 |
| (15) In addition to administering Title IV-E adoption | 65117 |
| assistance funds, enter into agreements to make adoption | 65118 |
| assistance payments under section 5153.163 of the Revised Code; | 65119 |
| (16) Implement a system of risk assessment, in accordance | 65120 |
| with rules adopted by the director of job and family services, to | 65121 |
| assist the public children services agency in determining the risk | 65122 |
| of abuse or neglect to a child; | 65123 |
| (17) Enter into a plan of cooperation with the board of | 65124 |
| county commissioners under section 307.983 of the Revised Code and | 65125 |
| comply with each fiscal agreement the board enters into under | 65126 |
| section 307.98 of the Revised Code that include family services | 65127 |
| duties of public children services agencies and contracts the | 65128 |
| board enters into under sections 307.981 and 307.982 of the | 65129 |
| Revised Code that affect the public children services agency; | 65130 |
| (18) Make reasonable efforts to prevent the removal of an | 65131 |
| alleged or adjudicated abused, neglected, or dependent child from | 65132 |
| the child's home, eliminate the continued removal of the child | 65133 |
| from the child's home, or make it possible for the child to return | 65134 |
| home safely, except that reasonable efforts of that nature are not | 65135 |
| required when a court has made a determination under division | 65136 |
| (A)(2) of section 2151.419 of the Revised Code; | 65137 |
| (19) Make reasonable efforts to place the child in a timely | 65138 |
| manner in accordance with the permanency plan approved under | 65139 |
| division (E) of section 2151.417 of the Revised Code and to | 65140 |
| complete whatever steps are necessary to finalize the permanent | 65141 |
| placement of the child; | 65142 |
| (20) Administer a Title IV-A program identified under | 65143 |
|
division (A) | 65144 |
| Code that the department of job and family services provides for | 65145 |
| the public children services agency to administer under the | 65146 |
| department's supervision pursuant to section 5101.801 of the | 65147 |
| Revised Code; | 65148 |
| (21) Administer the kinship permanency incentive program | 65149 |
| created under section 5101.802 of the Revised Code under the | 65150 |
| supervision of the director of job and family services; | 65151 |
| (22) Provide independent living services pursuant to sections | 65152 |
| 2151.81 to 2151.84 of the Revised Code. | 65153 |
| (B) The public children services agency shall use the system | 65154 |
| implemented pursuant to division (B)(16) of this section in | 65155 |
| connection with an investigation undertaken pursuant to division | 65156 |
| (F)(1) of section 2151.421 of the Revised Code and may use the | 65157 |
| system at any other time the agency is involved with any child | 65158 |
| when the agency determines that risk assessment is necessary. | 65159 |
| (C) Except as provided in section 2151.422 of the Revised | 65160 |
| Code, in accordance with rules of the director of job and family | 65161 |
| services, and on behalf of children in the county whom the public | 65162 |
| children services agency considers to be in need of public care or | 65163 |
| protective services, the public children services agency may do | 65164 |
| the following: | 65165 |
| (1) Provide or find, with other child serving systems, | 65166 |
| specialized foster care for the care of children in a specialized | 65167 |
| foster home, as defined in section 5103.02 of the Revised Code, | 65168 |
| certified under section 5103.03 of the Revised Code; | 65169 |
| (2)(a) Except as limited by divisions (C)(2)(b) and (c) of | 65170 |
| this section, contract with the following for the purpose of | 65171 |
| assisting the agency with its duties: | 65172 |
| (i) County departments of job and family services; | 65173 |
| (ii) Boards of alcohol, drug addiction, and mental health | 65174 |
| services; | 65175 |
| (iii) County boards of mental retardation and developmental | 65176 |
| disabilities; | 65177 |
| (iv) Regional councils of political subdivisions established | 65178 |
| under Chapter 167. of the Revised Code; | 65179 |
| (v) Private and government providers of services; | 65180 |
| (vi) Managed care organizations and prepaid health plans. | 65181 |
| (b) A public children services agency contract under division | 65182 |
| (C)(2)(a) of this section regarding the agency's duties under | 65183 |
| section 2151.421 of the Revised Code may not provide for the | 65184 |
| entity under contract with the agency to perform any service not | 65185 |
| authorized by the department's rules. | 65186 |
| (c) Only a county children services board appointed under | 65187 |
| section 5153.03 of the Revised Code that is a public children | 65188 |
| services agency may contract under division (C)(2)(a) of this | 65189 |
| section. If an entity specified in division (B) or (C) of section | 65190 |
| 5153.02 of the Revised Code is the public children services agency | 65191 |
| for a county, the board of county commissioners may enter into | 65192 |
| contracts pursuant to section 307.982 of the Revised Code | 65193 |
| regarding the agency's duties. | 65194 |
| Sec. 5502.01. (A) The department of public safety shall | 65195 |
| administer and enforce the laws relating to the registration, | 65196 |
| licensing, sale, and operation of motor vehicles and the laws | 65197 |
| pertaining to the licensing of drivers of motor vehicles. | 65198 |
| The department shall compile, analyze, and publish statistics | 65199 |
| relative to motor vehicle accidents and the causes of them, | 65200 |
| prepare and conduct educational programs for the purpose of | 65201 |
| promoting safety in the operation of motor vehicles on the | 65202 |
| highways, and conduct research and studies for the purpose of | 65203 |
| promoting safety on the highways of this state. | 65204 |
| (B) The department shall administer the laws and rules | 65205 |
| relative to trauma and emergency medical services specified in | 65206 |
| Chapter 4765. of the Revised Code. | 65207 |
| (C) The department shall administer and enforce the laws | 65208 |
| contained in Chapters 4301. and 4303. of the Revised Code and | 65209 |
| enforce the rules and orders of the liquor control commission | 65210 |
| pertaining to retail liquor permit holders. | 65211 |
| (D) The department shall administer the laws governing the | 65212 |
| state emergency management agency and shall enforce all additional | 65213 |
| duties and responsibilities as prescribed in the Revised Code | 65214 |
| related to emergency management services. | 65215 |
| (E) The department shall conduct investigations pursuant to | 65216 |
| Chapter 5101. of the Revised Code in support of the duty of the | 65217 |
| department of job and family services to administer food stamp | 65218 |
| programs throughout this state. The department of public safety | 65219 |
| shall conduct investigations necessary to protect the state's | 65220 |
| property rights and interests in the food stamp program. | 65221 |
| (F) The department of public safety shall enforce compliance | 65222 |
| with orders and rules of the public utilities commission and | 65223 |
| applicable laws in accordance with Chapters 4919., 4921., and | 65224 |
| 4923. of the Revised Code regarding commercial motor vehicle | 65225 |
| transportation safety, economic, and hazardous materials | 65226 |
| requirements. | 65227 |
| (G) Notwithstanding Chapter 4117. of the Revised Code, the | 65228 |
| department of public safety may establish requirements for its | 65229 |
| enforcement personnel, including its enforcement agents described | 65230 |
| in section 5502.14 of the Revised Code, that include standards of | 65231 |
| conduct, work rules and procedures, and criteria for eligibility | 65232 |
| as law enforcement personnel. | 65233 |
| (H) The department shall administer, maintain, and operate | 65234 |
| the Ohio criminal justice network. The Ohio criminal justice | 65235 |
| network shall be a computer network that supports state and local | 65236 |
| criminal justice activities. The network shall be an electronic | 65237 |
| repository for various data, which may include arrest warrants, | 65238 |
| notices of persons wanted by law enforcement agencies, criminal | 65239 |
| records, prison inmate records, stolen vehicle records, vehicle | 65240 |
| operator's licenses, and vehicle registrations and titles. | 65241 |
| (I) The department shall coordinate all homeland security | 65242 |
| activities of all state agencies and shall be a liaison between | 65243 |
| state agencies and local entities for those activities and related | 65244 |
| purposes. | 65245 |
| (J) Beginning July 1, 2004, the department shall administer | 65246 |
| and enforce the laws relative to private investigators and | 65247 |
| security service providers specified in Chapter 4749. of the | 65248 |
| Revised Code. | 65249 |
| (K) The department shall administer criminal justice services | 65250 |
| in accordance with sections 5502.61 to 5502.66 of the Revised | 65251 |
| Code. | 65252 |
| | 65253 |
| 65254 |
| (A) "Federal criminal justice acts" means any federal law | 65255 |
| that authorizes financial assistance and other forms of assistance | 65256 |
| to be given by the federal government to the states to be used for | 65257 |
| the improvement of the criminal and juvenile justice systems of | 65258 |
| the states. | 65259 |
| (B)(1) "Criminal justice system" includes all of the | 65260 |
| functions of the following: | 65261 |
| (a) The state highway patrol, county sheriff offices, | 65262 |
| municipal and township police departments, and all other law | 65263 |
| enforcement agencies; | 65264 |
| (b) The courts of appeals, courts of common pleas, municipal | 65265 |
| courts, county courts, and mayor's courts, when dealing with | 65266 |
| criminal cases; | 65267 |
| (c) The prosecuting attorneys, city directors of law, village | 65268 |
| solicitors, and other prosecuting authorities when prosecuting or | 65269 |
| otherwise handling criminal cases and the county and joint county | 65270 |
| public defenders and other public defender agencies or offices; | 65271 |
| (d) The department of rehabilitation and correction, | 65272 |
| probation departments, county and municipal jails and workhouses, | 65273 |
| and any other department, agency, or facility that is concerned | 65274 |
| with the rehabilitation or correction of criminal offenders; | 65275 |
| (e) Any public or private agency whose purposes include the | 65276 |
| prevention of crime or the diversion, adjudication, detention, or | 65277 |
| rehabilitation of criminal offenders; | 65278 |
| (f) Any public or private agency, the purposes of which | 65279 |
| include assistance to crime victims or witnesses. | 65280 |
| (2) The inclusion of any public or private agency, the | 65281 |
| purposes of which include assistance to crime victims or | 65282 |
| witnesses, as part of the criminal justice system pursuant to | 65283 |
| division (B)(1) of this section does not limit, and shall not be | 65284 |
| construed as limiting, the discretion or authority of the attorney | 65285 |
| general with respect to crime victim assistance and criminal | 65286 |
| justice programs. | 65287 |
| (C) "Juvenile justice system" includes all of the functions | 65288 |
| of the juvenile courts, the department of youth services, any | 65289 |
| public or private agency whose purposes include the prevention of | 65290 |
| delinquency or the diversion, adjudication, detention, or | 65291 |
| rehabilitation of delinquent children, and any of the functions of | 65292 |
| the criminal justice system that are applicable to children. | 65293 |
| (D) "Comprehensive plan" means a document that coordinates, | 65294 |
| evaluates, and otherwise assists, on an annual or multi-year | 65295 |
| basis, any of the functions of the criminal and juvenile justice | 65296 |
| systems of the state or a specified area of the state, that | 65297 |
| conforms to the priorities of the state with respect to criminal | 65298 |
| and juvenile justice systems, and that conforms with the | 65299 |
| requirements of all federal criminal justice acts. These functions | 65300 |
| may include, but are not limited to, any of the following: | 65301 |
| (1) Crime and delinquency prevention; | 65302 |
| (2) Identification, detection, apprehension, and detention of | 65303 |
| persons charged with criminal offenses or delinquent acts; | 65304 |
| (3) Assistance to crime victims or witnesses, except that the | 65305 |
| comprehensive plan does not include the functions of the attorney | 65306 |
| general pursuant to sections 109.91 and 109.92 of the Revised | 65307 |
| Code; | 65308 |
| (4) Adjudication or diversion of persons charged with | 65309 |
| criminal offenses or delinquent acts; | 65310 |
| (5) Custodial treatment of criminal offenders, delinquent | 65311 |
| children, or both; | 65312 |
| (6) Institutional and noninstitutional rehabilitation of | 65313 |
| criminal offenders, delinquent children, or both. | 65314 |
| (E) "Metropolitan county criminal justice services agency" | 65315 |
| means an agency that is established pursuant to division (A) of | 65316 |
|
section | 65317 |
| (F) "Administrative planning district" means a district that | 65318 |
|
is established pursuant to division (A)
or (B) of section | 65319 |
| 5502.66 of the Revised Code. | 65320 |
| (G) "Criminal justice coordinating council" means a criminal | 65321 |
| justice services agency that is established pursuant to division | 65322 |
|
(D) of section | 65323 |
| (H) "Local elected official" means any person who is a member | 65324 |
| of a board of county commissioners or township trustees or of a | 65325 |
| city or village council, judge of the court of common pleas, a | 65326 |
| municipal court, or a county court, sheriff, county coroner, | 65327 |
| prosecuting attorney, city director of law, village solicitor, or | 65328 |
| mayor. | 65329 |
| (I) "Juvenile justice coordinating council" means a juvenile | 65330 |
| justice services agency that is established pursuant to division | 65331 |
|
(D) of section | 65332 |
| | 65333 |
| in the department of public safety a division of criminal justice | 65334 |
| services. The | 65335 |
| concurrence of the governor, shall appoint | 65336 |
|
of the | 65337 |
| 65338 | |
| 65339 | |
| 65340 | |
| services. The executive director shall be the head of the | 65341 |
| division. The executive director shall serve at the pleasure of | 65342 |
| the director of public safety. To carry out the duties assigned | 65343 |
| under this section and to comply with sections 5502.63 to 5502.66 | 65344 |
| of the Revised Code, the executive director, subject to the | 65345 |
| direction and control of the director of public safety, may | 65346 |
| appoint and maintain any necessary staff and may enter into any | 65347 |
| necessary contracts and other agreements. The executive director | 65348 |
| 65349 | |
| professional and technical
personnel employed within the
| 65350 |
| division who are not public employees as defined in section | 65351 |
| 4117.01 of the Revised Code, shall be in the unclassified civil | 65352 |
| service,
and all other persons employed within
the | 65353 |
| shall be in the
classified civil service. | 65354 |
| 65355 | |
| 65356 | |
| 65357 |
| (B) Subject to division (E) of this section and subject to | 65358 |
| divisions (D) to (F) of section 5120.09 of the Revised Code | 65359 |
| insofar as those divisions relate to federal criminal justice acts | 65360 |
| that the governor requires the department of rehabilitation and | 65361 |
|
correction to administer, the | 65362 |
| services shall do all of the following: | 65363 |
| (1) Serve as the state criminal justice services agency and | 65364 |
| perform criminal justice system planning in the state, including | 65365 |
| any planning that is required by any federal law; | 65366 |
| (2) Collect, analyze, and correlate information and data | 65367 |
| concerning the criminal justice system in the state; | 65368 |
| (3) Cooperate with and provide technical assistance to state | 65369 |
| departments, administrative planning districts, metropolitan | 65370 |
| county criminal justice services agencies, criminal justice | 65371 |
| coordinating councils, agencies, offices, and departments of the | 65372 |
| criminal justice system in the state, and other appropriate | 65373 |
| organizations and persons; | 65374 |
| (4) Encourage and assist agencies, offices, and departments | 65375 |
| of the criminal justice system in the state and other appropriate | 65376 |
| organizations and persons to solve problems that relate to the | 65377 |
| duties of the | 65378 |
| (5) Administer within the state any federal criminal justice | 65379 |
| acts that the governor requires it to administer; | 65380 |
| (6) Administer funds received under the "Family Violence | 65381 |
| Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A. | 65382 |
| 10401, as amended, with all powers necessary for the adequate | 65383 |
| administration of those funds, including the authority to | 65384 |
| establish a family violence prevention and services program. | 65385 |
| (7) Implement the state comprehensive plans; | 65386 |
| (8) Audit grant activities of agencies, offices, | 65387 |
| organizations, and persons that are financed in whole or in part | 65388 |
|
by funds granted through the | 65389 |
| (9) Monitor or evaluate the performance of criminal justice | 65390 |
| system projects and programs in the state that are financed in | 65391 |
|
whole or in part by funds granted through the
| 65392 |
| (10) Apply for, allocate, disburse, and account for grants | 65393 |
| that are made available pursuant to federal criminal justice acts, | 65394 |
| or made available from other federal, state, or private sources, | 65395 |
|
to improve the criminal
justice
system in the state. | 65396 |
| otherwise provided in this division, all money from such federal | 65397 |
| grants shall, if the terms under which the money is received | 65398 |
| require that the money be deposited into an interest-bearing fund | 65399 |
| or account, be deposited in the state treasury to the credit of | 65400 |
| the federal program purposes fund, which is hereby created. All | 65401 |
| investment earnings of the federal program purposes fund shall be | 65402 |
| credited to the fund. All money from such federal grants that | 65403 |
| require that the money be deposited into an interest-bearing fund | 65404 |
| or account, that are intended to provide funding to local criminal | 65405 |
| justice programs, and that require that investment earnings be | 65406 |
| distributed for program purposes shall be deposited in the state | 65407 |
| treasury to the credit of the federal justice programs fund, which | 65408 |
| is hereby created. All investment earnings of the federal justice | 65409 |
| programs fund shall be credited to the fund and distributed in | 65410 |
| accordance with the terms of the grant under which the money is | 65411 |
| received. | 65412 |
| (11) Contract with federal, state, and local agencies, | 65413 |
| foundations, corporations, businesses, and persons when necessary | 65414 |
|
to carry out the duties of the | 65415 |
| (12) Oversee the activities of metropolitan county criminal | 65416 |
| justice services agencies, administrative planning districts, and | 65417 |
| criminal justice coordinating councils in the state; | 65418 |
| (13) Advise the director of public safety, general assembly, | 65419 |
| and governor on legislation and other significant matters that | 65420 |
| pertain to the improvement and reform of criminal and juvenile | 65421 |
| justice systems in the state; | 65422 |
| (14) Prepare and recommend legislation to the director of | 65423 |
| public safety, general assembly, and governor for the improvement | 65424 |
| of the criminal and juvenile justice systems in the state; | 65425 |
| (15) Assist, advise, and make any reports that are requested | 65426 |
| or required by the governor, director of public safety, attorney | 65427 |
| general, or general assembly; | 65428 |
| (16) | 65429 |
| safety, adopt rules pursuant to Chapter 119. of the Revised Code. | 65430 |
| (C) Upon the request of the director of public safety or | 65431 |
| governor, the | 65432 |
| any of the following: | 65433 |
| (1) Collect, analyze, or correlate information and data | 65434 |
| concerning the juvenile justice system in the state; | 65435 |
| (2) Cooperate with and provide technical assistance to state | 65436 |
| departments, administrative planning districts, metropolitan | 65437 |
| county criminal justice service agencies, criminal justice | 65438 |
| coordinating councils, agency offices, and the departments of the | 65439 |
| juvenile justice system in the state and other appropriate | 65440 |
| organizations and persons; | 65441 |
| (3) Encourage and assist agencies, offices, and departments | 65442 |
| of the juvenile justice system in the state and other appropriate | 65443 |
| organizations and persons to solve problems that relate to the | 65444 |
|
duties of the | 65445 |
| (D) Divisions (B) and (C) of this section do not limit the | 65446 |
| discretion or authority of the attorney general with respect to | 65447 |
| crime victim assistance and criminal justice programs. | 65448 |
| (E) Nothing in this section is intended to diminish or alter | 65449 |
| the status of the office of the attorney general as a criminal | 65450 |
| justice services agency. | 65451 |
| | 65452 |
| services in the department of public safety shall prepare a poster | 65453 |
| and a brochure that describe safe firearms practices. The poster | 65454 |
| and brochure shall contain typeface that is at least one-quarter | 65455 |
| inch tall. The | 65456 |
| and brochure free of charge to each federally licensed firearms | 65457 |
| dealer in this state. | 65458 |
| As used in this section, "federally licensed firearms dealer" | 65459 |
| means an importer, manufacturer, or dealer having a license to | 65460 |
| deal in destructive devices or their ammunition, issued and in | 65461 |
| effect pursuant to the federal "Gun Control Act of 1968," 82 Stat. | 65462 |
| 1213, 18 U.S.C. 923 et seq., and any amendments or additions to | 65463 |
| that act or reenactments of that act. | 65464 |
| | 65465 |
| agreement with the largest city within the county to establish a | 65466 |
| metropolitan county criminal justice services agency, if the | 65467 |
| population of the county exceeds five hundred thousand or the | 65468 |
| population of the city exceeds two hundred fifty thousand. | 65469 |
| (B) A metropolitan county criminal justice services agency | 65470 |
| shall do all of the following: | 65471 |
| (1) Accomplish criminal and juvenile justice systems planning | 65472 |
| within its services area; | 65473 |
| (2) Collect, analyze, and correlate information and data | 65474 |
| concerning the criminal and juvenile justice systems within its | 65475 |
| services area; | 65476 |
| (3) Cooperate with and provide technical assistance to all | 65477 |
| criminal and juvenile justice agencies and systems and other | 65478 |
| appropriate organizations and persons within its services area; | 65479 |
| (4) Encourage and assist agencies of the criminal and | 65480 |
| juvenile justice systems and other appropriate organizations and | 65481 |
| persons to solve problems that relate to its duties; | 65482 |
| (5) Administer within its services area any federal criminal | 65483 |
|
justice acts or juvenile justice acts that the | 65484 |
| criminal justice services pursuant to section 5139.11 of the | 65485 |
| Revised Code or the department of youth services administers | 65486 |
| within the state; | 65487 |
| (6) Implement the comprehensive plans for its services area; | 65488 |
| (7) Monitor or evaluate, within its services area, the | 65489 |
| performance of the criminal and juvenile justice systems projects | 65490 |
| and programs that are financed in whole or in part by funds | 65491 |
| granted through it; | 65492 |
| (8) Apply for, allocate, and disburse grants that are made | 65493 |
| available pursuant to any federal criminal justice acts, or | 65494 |
| pursuant to any other federal, state, or private sources for the | 65495 |
| purpose of improving the criminal and juvenile justice systems; | 65496 |
| (9) Contract with federal, state, and local agencies, | 65497 |
| foundations, corporations, and other businesses or persons to | 65498 |
| carry out the duties of the agency. | 65499 |
| | 65500 |
|
criminal
justice purposes pursuant to section | 65501 |
|
the Revised Code,
the | 65502 |
| shall provide funds to metropolitan county criminal justice | 65503 |
| services agencies for the purpose of developing, coordinating, | 65504 |
| evaluating, and implementing comprehensive plans within their | 65505 |
| respective
counties. The | 65506 |
| services shall provide funds to an agency only if it complies with | 65507 |
| the conditions of division (B) of this section. | 65508 |
| (2) When funds are available for juvenile justice purposes | 65509 |
|
pursuant to section | 65510 |
| department of youth services shall provide funds to metropolitan | 65511 |
| county criminal justice services agencies for the purpose of | 65512 |
| developing, coordinating, evaluating, and implementing | 65513 |
| comprehensive plans within their respective counties. The | 65514 |
| department shall provide funds to an agency only if it complies | 65515 |
| with the conditions of division (B) of this section. | 65516 |
| (B) A metropolitan county criminal justice services agency | 65517 |
| shall do all of the following: | 65518 |
| (1) Submit, in a form that is acceptable to the | 65519 |
| division of criminal justice services or the department of youth | 65520 |
| services pursuant to section 5139.01 of the Revised Code, a | 65521 |
| comprehensive plan for the county; | 65522 |
| (2) Establish a metropolitan county criminal justice services | 65523 |
| supervisory board whose members shall include a majority of the | 65524 |
| local elected officials in the county and representatives from law | 65525 |
| enforcement agencies, courts, prosecuting authorities, public | 65526 |
| defender agencies, rehabilitation and correction agencies, | 65527 |
| community organizations, juvenile justice services agencies, | 65528 |
| professionals, and private citizens in the county, and that shall | 65529 |
| have the authority set forth in division (C) of this section; | 65530 |
| (3) Organize in the manner provided in sections 167.01 to | 65531 |
| 167.03, 302.21 to 302.24, or 713.21 to 713.27 of the Revised Code, | 65532 |
| unless the board created pursuant to division (B)(2) of this | 65533 |
| section organizes pursuant to these sections. | 65534 |
| (C) A metropolitan county criminal justice services | 65535 |
| supervisory board shall do all of the following: | 65536 |
| (1) Exercise leadership in improving the quality of the | 65537 |
| criminal and juvenile justice systems in the county; | 65538 |
| (2) Review, approve, and maintain general oversight of the | 65539 |
| comprehensive plans for the county and the implementation of the | 65540 |
| plans; | 65541 |
| (3) Review and comment on the overall needs and | 65542 |
| accomplishments of the criminal and juvenile justice systems in | 65543 |
| the county; | 65544 |
| (4) Establish, as required to comply with this division, task | 65545 |
| forces, ad hoc committees, and other committees, whose members | 65546 |
| shall be appointed by the chairperson of the board; | 65547 |
| (5) Establish any rules that the board considers necessary | 65548 |
| and that are consistent with the federal criminal justice acts and | 65549 |
|
section | 65550 |
| | 65551 |
|
county
criminal justice services agency does not exist, the
| 65552 |
| division of
criminal justice services shall discharge the | 65553 |
| division's
duties
that
the | 65554 |
| requires it to administer by establishing administrative planning | 65555 |
| districts for criminal justice programs. An administrative | 65556 |
| planning district shall contain a group of contiguous counties in | 65557 |
| which no county has a metropolitan county criminal justice | 65558 |
| services agency. | 65559 |
| (B) In counties in which a metropolitan county criminal | 65560 |
| justice services agency does not exist, the department of youth | 65561 |
| services shall discharge pursuant to section 5139.11 of the | 65562 |
| Revised Code the department's duty by establishing administrative | 65563 |
| planning districts for juvenile justice programs. | 65564 |
| (C) All administrative planning districts shall contain a | 65565 |
| group of contiguous counties in which no county has a metropolitan | 65566 |
| county criminal justice services agency. | 65567 |
| (D) Any county or any combination of contiguous counties | 65568 |
| within an administrative planning district may form a criminal | 65569 |
| justice coordinating council or a juvenile justice coordinating | 65570 |
| council for its respective programs, if the county or the group of | 65571 |
| counties has a total population in excess of two hundred fifty | 65572 |
| thousand. The council shall comply with the conditions set forth | 65573 |
|
in divisions (B) and (C) of section | 65574 |
| Code, and exercise within its jurisdiction the powers and duties | 65575 |
| set
forth in division (B) of section | 65576 |
| Code. | 65577 |
| Sec. 5531.10. (A) As used in this chapter: | 65578 |
| (1) "Bond proceedings" means the resolution, order, trust | 65579 |
| agreement, indenture, lease, lease-purchase agreements, and other | 65580 |
| agreements, amendments and supplements to the foregoing, or any | 65581 |
| one or more or combination thereof, authorizing or providing for | 65582 |
| the terms and conditions applicable to, or providing for the | 65583 |
| security or liquidity of, obligations issued pursuant to this | 65584 |
| section, and the provisions contained in such obligations. | 65585 |
| (2) "Bond service charges" means principal, including | 65586 |
| mandatory sinking fund requirements for retirement of obligations, | 65587 |
| and interest, and redemption premium, if any, required to be paid | 65588 |
| by the state on obligations. | 65589 |
| (3) "Bond service fund" means the applicable fund and | 65590 |
| accounts therein created for and pledged to the payment of bond | 65591 |
| service charges, which may be, or may be part of, the state | 65592 |
| infrastructure bank revenue bond service fund created by division | 65593 |
| (R) of this section including all moneys and investments, and | 65594 |
| earnings from investments, credited and to be credited thereto. | 65595 |
| (4) "Issuing authority" means the treasurer of state, or the | 65596 |
| officer who by law performs the functions of the treasurer of | 65597 |
| state. | 65598 |
| (5) "Obligations" means bonds, notes, or other evidence of | 65599 |
| obligation including interest coupons pertaining thereto, issued | 65600 |
| pursuant to this section. | 65601 |
| (6) "Pledged receipts" means moneys accruing to the state | 65602 |
| from the lease, lease-purchase, sale, or other disposition, or | 65603 |
| use, of qualified projects, and from the repayment, including | 65604 |
| interest, of loans made from proceeds received from the sale of | 65605 |
| obligations; accrued interest received from the sale of | 65606 |
| obligations; income from the investment of the special funds; any | 65607 |
| gifts, grants, donations, and pledges, and receipts therefrom, | 65608 |
| available for the payment of bond service charges; and any amounts | 65609 |
| in the state infrastructure bank pledged to the payment of such | 65610 |
| charges. If the amounts in the state infrastructure bank are | 65611 |
| insufficient for the payment of such charges, "pledged receipts" | 65612 |
| also means moneys that are apportioned by the United States | 65613 |
| secretary of transportation under United States Code, Title XXIII, | 65614 |
| as amended, or any successor legislation, or under any other | 65615 |
| federal law relating to aid for highways, and that are to be | 65616 |
| received as a grant by the state, to the extent the state is not | 65617 |
| prohibited by state or federal law from using such moneys and the | 65618 |
| moneys are pledged to the payment of such bond service charges. | 65619 |
| (7) "Special funds" or "funds" means, except where the | 65620 |
| context does not permit, the bond service fund, and any other | 65621 |
| funds, including reserve funds, created under the bond | 65622 |
| proceedings, and the state infrastructure bank revenue bond | 65623 |
| service fund created by division (R) of this section to the extent | 65624 |
| provided in the bond proceedings, including all moneys and | 65625 |
| investments, and earnings from investment, credited and to be | 65626 |
| credited thereto. | 65627 |
| (8) "State infrastructure project" means any public | 65628 |
| transportation project undertaken by the state, including, but not | 65629 |
| limited to, all components of any such project, as described in | 65630 |
| division (D) of
section | 65631 |
| (9) "District obligations" means bonds, notes, or other | 65632 |
| evidence of obligation including interest coupons pertaining | 65633 |
| thereto, issued to finance a qualified project by a transportation | 65634 |
| improvement district created pursuant to section 5540.02 of the | 65635 |
| Revised Code, of which the principal, including mandatory sinking | 65636 |
| fund requirements for retirement of such obligations, and interest | 65637 |
| and redemption premium, if any, are payable by the department of | 65638 |
| transportation. | 65639 |
| (B) The issuing authority, after giving written notice to the | 65640 |
| director of budget and management and upon the certification by | 65641 |
| the director of transportation to the issuing authority of the | 65642 |
| amount of moneys or additional moneys needed either for state | 65643 |
| infrastructure projects or to provide financial assistance for any | 65644 |
| of the purposes for which the state infrastructure bank may be | 65645 |
| used under section 5531.09 of the Revised Code, or needed for | 65646 |
| capitalized interest, funding reserves, and paying costs and | 65647 |
| expenses incurred in connection with the issuance, carrying, | 65648 |
| securing, paying, redeeming, or retirement of the obligations or | 65649 |
| any obligations refunded thereby, including payment of costs and | 65650 |
| expenses relating to letters of credit, lines of credit, | 65651 |
| insurance, put agreements, standby purchase agreements, indexing, | 65652 |
| marketing, remarketing and administrative arrangements, interest | 65653 |
| swap or hedging agreements, and any other credit enhancement, | 65654 |
| liquidity, remarketing, renewal, or refunding arrangements, all of | 65655 |
| which are authorized by this section, shall issue obligations of | 65656 |
| the state under this section in the required amount. The proceeds | 65657 |
| of such obligations, except for the portion to be deposited in | 65658 |
| special funds, including reserve funds, as may be provided in the | 65659 |
| bond proceedings, shall as provided in the bond proceedings be | 65660 |
| credited to the infrastructure bank obligations fund of the state | 65661 |
| infrastructure bank created by section 5531.09 of the Revised | 65662 |
| Code. The issuing authority may appoint trustees, paying agents, | 65663 |
| transfer agents, and authenticating agents, and may retain the | 65664 |
| services of financial advisors, accounting experts, and attorneys, | 65665 |
| and retain or contract for the services of marketing, remarketing, | 65666 |
| indexing, and administrative agents, other consultants, and | 65667 |
| independent contractors, including printing services, as are | 65668 |
| necessary in the issuing authority's judgment to carry out this | 65669 |
| section. The costs of such services are payable from funds of the | 65670 |
| state infrastructure bank. | 65671 |
| (C) The holders or owners of such obligations shall have no | 65672 |
| right to have moneys raised by taxation by the state of Ohio | 65673 |
| obligated or pledged, and moneys so raised shall not be obligated | 65674 |
| or pledged, for the payment of bond service charges. The right of | 65675 |
| such holders and owners to the payment of bond service charges is | 65676 |
| limited to all or that portion of the pledged receipts and those | 65677 |
| special funds pledged thereto pursuant to the bond proceedings for | 65678 |
| such obligations in accordance with this section, and each such | 65679 |
| obligation shall bear on its face a statement to that effect. | 65680 |
| (D) Obligations shall be authorized by order of the issuing | 65681 |
| authority and the bond proceedings shall provide for the purpose | 65682 |
| thereof and the principal amount or amounts, and shall provide for | 65683 |
| or authorize the manner or agency for determining the principal | 65684 |
| maturity or maturities, not exceeding twenty-five years from the | 65685 |
| date of issuance, the interest rate or rates or the maximum | 65686 |
| interest rate, the date of the obligations and the dates of | 65687 |
| payment of interest thereon, their denomination, and the | 65688 |
| establishment within or without the state of a place or places of | 65689 |
| payment of bond service charges. Sections 9.98 to 9.983 of the | 65690 |
| Revised Code are applicable to obligations issued under this | 65691 |
| section. The purpose of such obligations may be stated in the bond | 65692 |
| proceedings in terms describing the general purpose or purposes to | 65693 |
| be served. The bond proceedings also shall provide, subject to the | 65694 |
| provisions of any other applicable bond proceedings, for the | 65695 |
| pledge of all, or such part as the issuing authority may | 65696 |
| determine, of the pledged receipts and the applicable special fund | 65697 |
| or funds to the payment of bond service charges, which pledges may | 65698 |
| be made either prior or subordinate to other expenses, claims, or | 65699 |
| payments, and may be made to secure the obligations on a parity | 65700 |
| with obligations theretofore or thereafter issued, if and to the | 65701 |
| extent provided in the bond proceedings. The pledged receipts and | 65702 |
| special funds so pledged and thereafter received by the state | 65703 |
| immediately are subject to the lien of such pledge without any | 65704 |
| physical delivery thereof or further act, and the lien of any such | 65705 |
| pledges is valid and binding against all parties having claims of | 65706 |
| any kind against the state or any governmental agency of the | 65707 |
| state, irrespective of whether such parties have notice thereof, | 65708 |
| and shall create a perfected security interest for all purposes of | 65709 |
| Chapter 1309. of the Revised Code, without the necessity for | 65710 |
| separation or delivery of funds or for the filing or recording of | 65711 |
| the bond proceedings by which such pledge is created or any | 65712 |
| certificate, statement, or other document with respect thereto; | 65713 |
| and the pledge of such pledged receipts and special funds is | 65714 |
| effective and the money therefrom and thereof may be applied to | 65715 |
| the purposes for which pledged without necessity for any act of | 65716 |
| appropriation. Every pledge, and every covenant and agreement made | 65717 |
| with respect thereto, made in the bond proceedings may therein be | 65718 |
| extended to the benefit of the owners and holders of obligations | 65719 |
| authorized by this section, and to any trustee therefor, for the | 65720 |
| further security of the payment of the bond service charges. | 65721 |
| (E) The bond proceedings may contain additional provisions as | 65722 |
| to: | 65723 |
| (1) The redemption of obligations prior to maturity at the | 65724 |
| option of the issuing authority at such price or prices and under | 65725 |
| such terms and conditions as are provided in the bond proceedings; | 65726 |
| (2) Other terms of the obligations; | 65727 |
| (3) Limitations on the issuance of additional obligations; | 65728 |
| (4) The terms of any trust agreement or indenture securing | 65729 |
| the obligations or under which the same may be issued; | 65730 |
| (5) The deposit, investment, and application of special | 65731 |
| funds, and the safeguarding of moneys on hand or on deposit, | 65732 |
| without regard to Chapter 131. or 135. of the Revised Code, but | 65733 |
| subject to any special provisions of this section with respect to | 65734 |
| particular funds or moneys, provided that any bank or trust | 65735 |
| company which acts as depository of any moneys in the special | 65736 |
| funds may furnish such indemnifying bonds or may pledge such | 65737 |
| securities as required by the issuing authority; | 65738 |
| (6) Any or every provision of the bond proceedings being | 65739 |
| binding upon such officer, board, commission, authority, agency, | 65740 |
| department, or other person or body as may from time to time have | 65741 |
| the authority under law to take such actions as may be necessary | 65742 |
| to perform all or any part of the duty required by such provision; | 65743 |
| (7) Any provision that may be made in a trust agreement or | 65744 |
| indenture; | 65745 |
| (8) Any other or additional agreements with the holders of | 65746 |
| the obligations, or the trustee therefor, relating to the | 65747 |
| obligations or the security therefor, including the assignment of | 65748 |
| mortgages or other security relating to financial assistance for | 65749 |
| qualified projects under section 5531.09 of the Revised Code. | 65750 |
| (F) The obligations may have the great seal of the state or a | 65751 |
| facsimile thereof affixed thereto or printed thereon. The | 65752 |
| obligations and any coupons pertaining to obligations shall be | 65753 |
| signed or bear the facsimile signature of the issuing authority. | 65754 |
| Any obligations or coupons may be executed by the person who, on | 65755 |
| the date of execution, is the proper issuing authority although on | 65756 |
| the date of such bonds or coupons such person was not the issuing | 65757 |
| authority. In case the issuing authority whose signature or a | 65758 |
| facsimile of whose signature appears on any such obligation or | 65759 |
| coupon ceases to be the issuing authority before delivery thereof, | 65760 |
| such signature or facsimile nevertheless is valid and sufficient | 65761 |
| for all purposes as if the former issuing authority had remained | 65762 |
| the issuing authority until such delivery; and in case the seal to | 65763 |
| be affixed to obligations has been changed after a facsimile of | 65764 |
| the seal has been imprinted on such obligations, such facsimile | 65765 |
| seal shall continue to be sufficient as to such obligations and | 65766 |
| obligations issued in substitution or exchange therefor. | 65767 |
| (G) All obligations are negotiable instruments and securities | 65768 |
| under Chapter 1308. of the Revised Code, subject to the provisions | 65769 |
| of the bond proceedings as to registration. The obligations may be | 65770 |
| issued in coupon or in registered form, or both, as the issuing | 65771 |
| authority determines. Provision may be made for the registration | 65772 |
| of any obligations with coupons attached thereto as to principal | 65773 |
| alone or as to both principal and interest, their exchange for | 65774 |
| obligations so registered, and for the conversion or reconversion | 65775 |
| into obligations with coupons attached thereto of any obligations | 65776 |
| registered as to both principal and interest, and for reasonable | 65777 |
| charges for such registration, exchange, conversion, and | 65778 |
| reconversion. | 65779 |
| (H) Obligations may be sold at public sale or at private | 65780 |
| sale, as determined in the bond proceedings. | 65781 |
| (I) Pending preparation of definitive obligations, the | 65782 |
| issuing authority may issue interim receipts or certificates which | 65783 |
| shall be exchanged for such definitive obligations. | 65784 |
| (J) In the discretion of the issuing authority, obligations | 65785 |
| may be secured additionally by a trust agreement or indenture | 65786 |
| between the issuing authority and a corporate trustee which may be | 65787 |
| any trust company or bank having its principal place of business | 65788 |
| within the state. Any such agreement or indenture may contain the | 65789 |
| order authorizing the issuance of the obligations, any provisions | 65790 |
| that may be contained in any bond proceedings, and other | 65791 |
| provisions which are customary or appropriate in an agreement or | 65792 |
| indenture of such type, including, but not limited to: | 65793 |
| (1) Maintenance of each pledge, trust agreement, indenture, | 65794 |
| or other instrument comprising part of the bond proceedings until | 65795 |
| the state has fully paid the bond service charges on the | 65796 |
| obligations secured thereby, or provision therefor has been made; | 65797 |
| (2) In the event of default in any payments required to be | 65798 |
| made by the bond proceedings, or any other agreement of the | 65799 |
| issuing authority made as a part of the contract under which the | 65800 |
| obligations were issued, enforcement of such payments or agreement | 65801 |
| by mandamus, the appointment of a receiver, suit in equity, action | 65802 |
| at law, or any combination of the foregoing; | 65803 |
| (3) The rights and remedies of the holders of obligations and | 65804 |
| of the trustee, and provisions for protecting and enforcing them, | 65805 |
| including limitations on the rights of individual holders of | 65806 |
| obligations; | 65807 |
| (4) The replacement of any obligations that become mutilated | 65808 |
| or are destroyed, lost, or stolen; | 65809 |
| (5) Such other provisions as the trustee and the issuing | 65810 |
| authority agree upon, including limitations, conditions, or | 65811 |
| qualifications relating to any of the foregoing. | 65812 |
| (K) Any holder of obligations or a trustee under the bond | 65813 |
| proceedings, except to the extent that the holder's or trustee's | 65814 |
| rights are restricted by the bond proceedings, may by any suitable | 65815 |
| form of legal proceedings, protect and enforce any rights under | 65816 |
| the laws of this state or granted by such bond proceedings. Such | 65817 |
| rights include the right to compel the performance of all duties | 65818 |
| of the issuing authority and the director of transportation | 65819 |
| required by the bond proceedings or sections 5531.09 and 5531.10 | 65820 |
| of the Revised Code; to enjoin unlawful activities; and in the | 65821 |
| event of default with respect to the payment of any bond service | 65822 |
| charges on any obligations or in the performance of any covenant | 65823 |
| or agreement on the part of the issuing authority or the director | 65824 |
| of transportation in the bond proceedings, to apply to a court | 65825 |
| having jurisdiction of the cause to appoint a receiver to receive | 65826 |
| and administer the pledged receipts and special funds, other than | 65827 |
| those in the custody of the treasurer of state, which are pledged | 65828 |
| to the payment of the bond service charges on such obligations or | 65829 |
| which are the subject of the covenant or agreement, with full | 65830 |
| power to pay, and to provide for payment of bond service charges | 65831 |
| on, such obligations, and with such powers, subject to the | 65832 |
| direction of the court, as are accorded receivers in general | 65833 |
| equity cases, excluding any power to pledge additional revenues or | 65834 |
| receipts or other income or moneys of the state or local | 65835 |
| governmental entities, or agencies thereof, to the payment of such | 65836 |
| principal and interest and excluding the power to take possession | 65837 |
| of, mortgage, or cause the sale or otherwise dispose of any | 65838 |
| project facilities. | 65839 |
| Each duty of the issuing authority and the issuing | 65840 |
| authority's officers and employees, and of each state or local | 65841 |
| governmental agency and its officers, members, or employees, | 65842 |
| undertaken pursuant to the bond proceedings or any loan, loan | 65843 |
| guarantee, lease, lease-purchase agreement, or other agreement | 65844 |
| made under authority of section 5531.09 of the Revised Code, and | 65845 |
| in every agreement by or with the issuing authority, is hereby | 65846 |
| established as a duty of the issuing authority, and of each such | 65847 |
| officer, member, or employee having authority to perform such | 65848 |
| duty, specifically enjoined by the law resulting from an office, | 65849 |
| trust, or station within the meaning of section 2731.01 of the | 65850 |
| Revised Code. | 65851 |
| The person who is at the time the issuing authority, or the | 65852 |
| issuing authority's officers or employees, are not liable in their | 65853 |
| personal capacities on any obligations issued by the issuing | 65854 |
| authority or any agreements of or with the issuing authority. | 65855 |
| (L) The issuing authority may authorize and issue obligations | 65856 |
| for the refunding, including funding and retirement, and advance | 65857 |
| refunding with or without payment or redemption prior to maturity, | 65858 |
| of any obligations previously issued by the issuing authority or | 65859 |
| of district obligations. Such refunding obligations may be issued | 65860 |
| in amounts sufficient for payment of the principal amount of the | 65861 |
| prior obligations or district obligations, any redemption premiums | 65862 |
| thereon, principal maturities of any such obligations or district | 65863 |
| obligations maturing prior to the redemption of the remaining | 65864 |
| obligations or district obligations on a parity therewith, | 65865 |
| interest accrued or to accrue to the maturity dates or dates of | 65866 |
| redemption of such obligations or district obligations, and any | 65867 |
| expenses incurred or to be incurred in connection with such | 65868 |
| issuance and such refunding, funding, and retirement. Subject to | 65869 |
| the bond proceedings therefor, the portion of proceeds of the sale | 65870 |
| of refunding obligations issued under this division to be applied | 65871 |
| to bond service charges on the prior obligations or district | 65872 |
| obligations shall be credited to an appropriate account held by | 65873 |
| the trustee for such prior or new obligations or to the | 65874 |
| appropriate account in the bond service fund for such obligations | 65875 |
| or district obligations. Obligations authorized under this | 65876 |
| division shall be deemed to be issued for those purposes for which | 65877 |
| such prior obligations or district obligations were issued and are | 65878 |
| subject to the provisions of this section pertaining to other | 65879 |
| obligations, except as otherwise provided in this section. The | 65880 |
| last maturity of obligations authorized under this division shall | 65881 |
| not be later than twenty-five years from the date of issuance of | 65882 |
| the original securities issued for the original purpose. | 65883 |
| (M) The authority to issue obligations under this section | 65884 |
| includes authority to issue obligations in the form of bond | 65885 |
| anticipation notes and to renew the same from time to time by the | 65886 |
| issuance of new notes. The holders of such notes or interest | 65887 |
| coupons pertaining thereto shall have a right to be paid solely | 65888 |
| from the pledged receipts and special funds that may be pledged to | 65889 |
| the payment of the bonds anticipated, or from the proceeds of such | 65890 |
| bonds or renewal notes, or both, as the issuing authority provides | 65891 |
| in the order authorizing such notes. Such notes may be | 65892 |
| additionally secured by covenants of the issuing authority to the | 65893 |
| effect that the issuing authority and the state will do such or | 65894 |
| all things necessary for the issuance of such bonds or renewal | 65895 |
| notes in the appropriate amount, and apply the proceeds thereof to | 65896 |
| the extent necessary, to make full payment of the principal of and | 65897 |
| interest on such notes at the time or times contemplated, as | 65898 |
| provided in such order. For such purpose, the issuing authority | 65899 |
| may issue bonds or renewal notes in such principal amount and upon | 65900 |
| such terms as may be necessary to provide funds to pay when | 65901 |
| required the principal of and interest on such notes, | 65902 |
| notwithstanding any limitations prescribed by or for purposes of | 65903 |
| this section. Subject to this division, all provisions for and | 65904 |
| references to obligations in this section are applicable to notes | 65905 |
| authorized under this division. | 65906 |
| The issuing authority in the bond proceedings authorizing the | 65907 |
| issuance of bond anticipation notes shall set forth for such bonds | 65908 |
| an estimated interest rate and a schedule of principal payments | 65909 |
| for such bonds and the annual maturity dates thereof. | 65910 |
| (N) Obligations issued under this section are lawful | 65911 |
| investments for banks, societies for savings, savings and loan | 65912 |
| associations, deposit guarantee associations, trust companies, | 65913 |
| trustees, fiduciaries, insurance companies, including domestic for | 65914 |
| life and domestic not for life, trustees or other officers having | 65915 |
| charge of sinking and bond retirement or other special funds of | 65916 |
| political subdivisions and taxing districts of this state, the | 65917 |
| commissioners of the sinking fund of the state, the administrator | 65918 |
| of workers' compensation in accordance with the investment policy | 65919 |
| established by the workers' compensation oversight commission | 65920 |
| pursuant to section 4121.12 of the Revised Code, the state | 65921 |
| teachers retirement system, the public employees retirement | 65922 |
| system, the school employees retirement system, and the Ohio | 65923 |
| police and fire pension fund, notwithstanding any other provisions | 65924 |
| of the Revised Code or rules adopted pursuant thereto by any | 65925 |
| agency of the state with respect to investments by them, and are | 65926 |
| also acceptable as security for the deposit of public moneys. | 65927 |
| (O) Unless otherwise provided in any applicable bond | 65928 |
| proceedings, moneys to the credit of or in the special funds | 65929 |
| established by or pursuant to this section may be invested by or | 65930 |
| on behalf of the issuing authority only in notes, bonds, or other | 65931 |
| obligations of the United States, or of any agency or | 65932 |
| instrumentality of the United States, obligations guaranteed as to | 65933 |
| principal and interest by the United States, obligations of this | 65934 |
| state or any political subdivision of this state, and certificates | 65935 |
| of deposit of any national bank located in this state and any | 65936 |
| bank, as defined in section 1101.01 of the Revised Code, subject | 65937 |
| to inspection by the superintendent of financial institutions. If | 65938 |
| the law or the instrument creating a trust pursuant to division | 65939 |
| (J) of this section expressly permits investment in direct | 65940 |
| obligations of the United States or an agency of the United | 65941 |
| States, unless expressly prohibited by the instrument, such moneys | 65942 |
| also may be invested in no-front-end-load money market mutual | 65943 |
| funds consisting exclusively of obligations of the United States | 65944 |
| or an agency of the United States and in repurchase agreements, | 65945 |
| including those issued by the fiduciary itself, secured by | 65946 |
| obligations of the United States or an agency of the United | 65947 |
| States; and in collective investment funds as defined in division | 65948 |
| (A) of section 1111.01 of the Revised Code and consisting | 65949 |
| exclusively of any such securities. The income from such | 65950 |
| investments shall be credited to such funds as the issuing | 65951 |
| authority determines, and such investments may be sold at such | 65952 |
| times as the issuing authority determines or authorizes. | 65953 |
| (P) Provision may be made in the applicable bond proceedings | 65954 |
| for the establishment of separate accounts in the bond service | 65955 |
| fund and for the application of such accounts only to the | 65956 |
| specified bond service charges on obligations pertinent to such | 65957 |
| accounts and bond service fund and for other accounts therein | 65958 |
| within the general purposes of such fund. Unless otherwise | 65959 |
| provided in any applicable bond proceedings, moneys to the credit | 65960 |
| of or in the several special funds established pursuant to this | 65961 |
| section shall be disbursed on the order of the treasurer of state, | 65962 |
| provided that no such order is required for the payment from the | 65963 |
| bond service fund when due of bond service charges on obligations. | 65964 |
| (Q)(1) The issuing authority may pledge all, or such portion | 65965 |
| as the issuing authority determines, of the pledged receipts to | 65966 |
| the payment of bond service charges on obligations issued under | 65967 |
| this section, and for the establishment and maintenance of any | 65968 |
| reserves, as provided in the bond proceedings, and make other | 65969 |
| provisions therein with respect to pledged receipts as authorized | 65970 |
| by this chapter, which provisions are controlling notwithstanding | 65971 |
| any other provisions of law pertaining thereto. | 65972 |
| (2) An action taken under division (Q)(2) of this section | 65973 |
| does not limit the generality of division (Q)(1) of this section, | 65974 |
| and is subject to division (C) of this section and, if and to the | 65975 |
| extent otherwise applicable, Section 13 of Article VIII, Ohio | 65976 |
| Constitution. The bond proceedings may contain a covenant that, in | 65977 |
| the event the pledged receipts primarily pledged and required to | 65978 |
| be used for the payment of bond service charges on obligations | 65979 |
| issued under this section, and for the establishment and | 65980 |
| maintenance of any reserves, as provided in the bond proceedings, | 65981 |
| are insufficient to make any such payment in full when due, or to | 65982 |
| maintain any such reserve, the director of transportation shall so | 65983 |
| notify the governor, and shall determine to what extent, if any, | 65984 |
| the payment may be made or moneys may be restored to the reserves | 65985 |
| from lawfully available moneys previously appropriated for that | 65986 |
| purpose to the department of transportation. The covenant also may | 65987 |
| provide that if the payments are not made or the moneys are not | 65988 |
| immediately and fully restored to the reserves from such moneys, | 65989 |
| the director shall promptly submit to the governor and to the | 65990 |
| director of budget and management a written request for either or | 65991 |
| both of the following: | 65992 |
| (a) That the next biennial budget submitted by the governor | 65993 |
| to the general assembly include an amount to be appropriated from | 65994 |
| lawfully available moneys to the department for the purpose of and | 65995 |
| sufficient for the payment in full of bond service charges | 65996 |
| previously due and for the full replenishment of the reserves; | 65997 |
| (b) That the general assembly be requested to increase | 65998 |
| appropriations from lawfully available moneys for the department | 65999 |
| in the current biennium sufficient for the purpose of and for the | 66000 |
| payment in full of bond service charges previously due and to come | 66001 |
| due in the biennium and for the full replenishment of the | 66002 |
| reserves. | 66003 |
| The director of transportation shall include with such | 66004 |
| requests a recommendation that the payment of the bond service | 66005 |
| charges and the replenishment of the reserves be made in the | 66006 |
| interest of maximizing the benefits of the state infrastructure | 66007 |
| bank. Any such covenant shall not obligate or purport to obligate | 66008 |
| the state to pay the bond service charges on such bonds or notes | 66009 |
| or to deposit moneys in a reserve established for such payments | 66010 |
| other than from moneys that may be lawfully available and | 66011 |
| appropriated for that purpose during the then-current biennium. | 66012 |
| (R) There is hereby created the state infrastructure bank | 66013 |
| revenue bond service fund, which shall be in the custody of the | 66014 |
| treasurer of state but shall not be a part of the state treasury. | 66015 |
| All moneys received by or on account of the issuing authority or | 66016 |
| state agencies and required by the applicable bond proceedings, | 66017 |
| consistent with this section, to be deposited, transferred, or | 66018 |
| credited to the bond service fund, and all other moneys | 66019 |
| transferred or allocated to or received for the purposes of the | 66020 |
| fund, shall be deposited and credited to such fund and to any | 66021 |
| separate accounts therein, subject to applicable provisions of the | 66022 |
| bond proceedings, but without necessity for any act of | 66023 |
| appropriation. The state infrastructure bank revenue bond service | 66024 |
| fund is a trust fund and is hereby pledged to the payment of bond | 66025 |
| service charges to the extent provided in the applicable bond | 66026 |
| proceedings, and payment thereof from such fund shall be made or | 66027 |
| provided for by the treasurer of state in accordance with such | 66028 |
| bond proceedings without necessity for any act of appropriation. | 66029 |
| (S) The obligations issued pursuant to this section, the | 66030 |
| transfer thereof, and the income therefrom, including any profit | 66031 |
| made on the sale thereof, shall at all times be free from taxation | 66032 |
| within this state. | 66033 |
| Sec. 5540.01. As used in this chapter: | 66034 |
| (A) "Transportation improvement district" or "district" means | 66035 |
| a transportation improvement district designated pursuant to | 66036 |
| section 5540.02 of the Revised Code. | 66037 |
| (B) "Governmental agency" means a department, division, or | 66038 |
| other unit of state government; a county, township, or municipal | 66039 |
| corporation or other political subdivision; a regional transit | 66040 |
| authority or regional transit commission created pursuant to | 66041 |
| Chapter 306. of the Revised Code; a port authority created | 66042 |
| pursuant to Chapter 4582. of the Revised Code; and the United | 66043 |
| States or any agency thereof. | 66044 |
| (C) "Project" means a street, highway, or other | 66045 |
| transportation project constructed or improved under this chapter | 66046 |
| and includes all bridges, tunnels, overpasses, underpasses, | 66047 |
| interchanges, approaches, those portions of connecting streets or | 66048 |
| highways that serve interchanges and are determined by the | 66049 |
| district to be necessary for the safe merging of traffic between | 66050 |
| the project and those streets or highways, service facilities, and | 66051 |
| administration, storage, and other buildings, property, and | 66052 |
| facilities, that the district considers necessary for the | 66053 |
| operation of the project, together with all property and rights | 66054 |
| that must be acquired by the district for the construction, | 66055 |
| maintenance, or operation of the project. | 66056 |
| (D) "Cost," as applied to the construction of a project, | 66057 |
| includes the cost of construction, including bridges over or under | 66058 |
| existing highways and railroads, acquisition of all property | 66059 |
| acquired by the district for such construction, demolishing or | 66060 |
| removing any buildings or structures on land so acquired, | 66061 |
| including the cost of acquiring any lands to which such buildings | 66062 |
| or structures may be moved, site clearance, improvement, and | 66063 |
| preparation, diverting streets or highways, interchanges with | 66064 |
| streets or highways, access roads to private property, including | 66065 |
| the cost of land or easements therefor, all machinery, | 66066 |
| furnishings, and equipment, communications facilities, financing | 66067 |
| expenses, interest prior to and during construction and for one | 66068 |
| year after completion of construction, traffic estimates, | 66069 |
| indemnity and surety bonds and premiums on insurance, and | 66070 |
| guarantees, engineering, feasibility studies, and legal expenses, | 66071 |
| plans, specifications, surveys, estimates of cost and revenues, | 66072 |
| other expenses necessary or incidental to determining the | 66073 |
| feasibility or practicability of constructing a project, and such | 66074 |
| other expense as may be necessary or incident to the construction | 66075 |
| of the project and the financing of such construction. Any | 66076 |
| obligation or expense incurred by any governmental agency or | 66077 |
| person for surveys, borings, preparation of plans and | 66078 |
| specifications, and other engineering services, or any other cost | 66079 |
| described above, in connection with the construction of a project | 66080 |
| may be regarded as part of the cost of the project and reimbursed | 66081 |
| from revenues, taxes, or the proceeds of bonds as authorized by | 66082 |
| this chapter. | 66083 |
| (E) "Owner" includes any person having any title or interest | 66084 |
| in any property authorized to be acquired by a district under this | 66085 |
| chapter. | 66086 |
| (F) "Revenues" means all moneys received by a district with | 66087 |
| respect to the lease, sublease, or sale, including installment | 66088 |
| sale, conditional sale, or sale under a lease-purchase agreement, | 66089 |
| of a project, all moneys received by a district under an agreement | 66090 |
| pursuant to section 5540.032 of the Revised Code, any gift or | 66091 |
| grant received with respect to a project, tolls, special | 66092 |
| assessments levied by the district, proceeds of bonds to the | 66093 |
| extent the use thereof for payment of principal or of premium, if | 66094 |
| any, or interest on the bonds is authorized by the district, | 66095 |
| proceeds from any insurance, condemnation, or guaranty pertaining | 66096 |
| to a project or property mortgaged to secure bonds or pertaining | 66097 |
| to the financing of a project, and income and profit from the | 66098 |
| investment of the proceeds of bonds or of any revenues. | 66099 |
| (G) "Street or highway" has the same meaning as in section | 66100 |
| 4511.01 of the Revised Code. | 66101 |
| (H) "Financing expenses" means all costs and expenses | 66102 |
| relating to the authorization, issuance, sale, delivery, | 66103 |
| authentication, deposit, custody, clearing, registration, | 66104 |
| transfer, exchange, fractionalization, replacement, payment, and | 66105 |
| servicing of bonds including, without limitation, costs and | 66106 |
| expenses for or relating to publication and printing, postage, | 66107 |
| delivery, preliminary and final official statements, offering | 66108 |
| circulars, and informational statements, travel and | 66109 |
| transportation, underwriters, placement agents, investment | 66110 |
| bankers, paying agents, registrars, authenticating agents, | 66111 |
| remarketing agents, custodians, clearing agencies or corporations, | 66112 |
| securities depositories, financial advisory services, | 66113 |
| certifications, audits, federal or state regulatory agencies, | 66114 |
| accounting and computation services, legal services and obtaining | 66115 |
| approving legal opinions and other legal opinions, credit ratings, | 66116 |
| redemption premiums, and credit enhancement facilities. | 66117 |
| (I) "Bond proceedings" means the resolutions, trust | 66118 |
| agreements, certifications, notices, sale proceedings, leases, | 66119 |
| lease-purchase agreements, assignments, credit enhancement | 66120 |
| facility agreements, and other agreements, instruments, and | 66121 |
| documents, as amended and supplemented, or any one or more of | 66122 |
| combination thereof, authorizing, or authorizing or providing for | 66123 |
| the terms and conditions applicable to, or providing for the | 66124 |
| security or sale or award or liquidity of, bonds, and includes the | 66125 |
| provisions set forth or incorporated in those bonds and bond | 66126 |
| proceedings. | 66127 |
| (J) "Bond service charges" means principal, including any | 66128 |
| mandatory sinking fund or mandatory redemption requirements for | 66129 |
| retirement of bonds, and interest and any redemption premium | 66130 |
| payable on bonds, as those payments come due and are payable to | 66131 |
| the bondholder or to a person making payment under a credit | 66132 |
| enhancement facility of those bond service charges to a | 66133 |
| bondholder. | 66134 |
| (K) "Bond service fund" means the applicable fund created by | 66135 |
| the bond proceedings for and pledged to the payment of bond | 66136 |
| service charges on bonds provided for by those proceedings, | 66137 |
| including all moneys and investments, and earnings from | 66138 |
| investments, credited and to be credited to that fund as provided | 66139 |
| in the bond proceedings. | 66140 |
| (L) "Bonds" means bonds, notes, including notes anticipating | 66141 |
| bonds or other notes, commercial paper, certificates of | 66142 |
| participation, or other evidences of obligation, including any | 66143 |
| interest coupons pertaining thereto, issued pursuant to this | 66144 |
| chapter. | 66145 |
| (M) "Net revenues" means revenues lawfully available to pay | 66146 |
| both current operating expenses of a district and bond service | 66147 |
| charges in any fiscal year or other specified period, less current | 66148 |
| operating expenses of the district and any amount necessary to | 66149 |
| maintain a working capital reserve for that period. | 66150 |
| (N) "Pledged revenues" means net revenues, moneys and | 66151 |
| investments, and earnings on those investments, in the applicable | 66152 |
| bond service fund and any other special funds, and the proceeds of | 66153 |
| any bonds issued for the purpose of refunding prior bonds, all as | 66154 |
| lawfully available and by resolution of the district committed for | 66155 |
| application as pledged revenues to the payment of bond service | 66156 |
| charges on particular issues of bonds. | 66157 |
| (O) "Special funds" means the applicable bond service fund | 66158 |
| and any accounts and subaccounts in that fund, any other funds or | 66159 |
| accounts permitted by and established under, and identified as a | 66160 |
| special fund or special account in, the bond proceedings, | 66161 |
| including any special fund or account established for purposes of | 66162 |
| rebate or other requirements under federal income tax laws. | 66163 |
| (P) "Credit enhancement facilities" means letters of credit, | 66164 |
| lines of credit, standby, contingent, or firm securities purchase | 66165 |
| agreements, insurance, or surety arrangements, guarantees, and | 66166 |
| other arrangements that provide for direct or contingent payment | 66167 |
| of bond service charges, for security or additional security in | 66168 |
| the event of nonpayment or default in respect of bonds, or for | 66169 |
| making payment of bond service charges and at the option and on | 66170 |
| demand of bondholders or at the option of the district or upon | 66171 |
| certain conditions occurring under put or similar arrangements, or | 66172 |
| for otherwise supporting the credit or liquidity of the bonds, and | 66173 |
| includes credit, reimbursement, marketing, remarketing, indexing, | 66174 |
| carrying, interest rate hedge, and subrogation agreements, and | 66175 |
| other agreements and arrangements for payment and reimbursement of | 66176 |
| the person providing the credit enhancement facility and the | 66177 |
| security for that payment and reimbursement. | 66178 |
| (Q) "Refund" means to fund and retire outstanding bonds, | 66179 |
| including advance refunding with or without payment or redemption | 66180 |
| prior to stated maturity. | 66181 |
| (R) "Property" includes interests in property. | 66182 |
| (S) "Administrative agent," "agent," "commercial paper," | 66183 |
| "floating rate interest structure," "indexing agent," "interest | 66184 |
| rate hedge," "interest rate period," "put arrangement," and | 66185 |
| "remarketing agent" have the same meanings as in section 9.98 of | 66186 |
| the Revised Code. | 66187 |
| (T) "Outstanding" as applied to bonds means outstanding in | 66188 |
| accordance with the terms of the bonds and the applicable bond | 66189 |
| proceedings. | 66190 |
| (U) "Interstate system" has the same meaning as in section | 66191 |
| 5516.01 of the Revised Code. | 66192 |
| Sec. 5540.032. (A) A transportation improvement district and | 66193 |
| any governmental agency may enter into an agreement providing for | 66194 |
| the joint financing, construction, acquisition, or improvement of | 66195 |
| any project benefiting the parties thereto and providing for the | 66196 |
| joint management, maintenance, and repair thereof. Any such | 66197 |
| agreement shall be approved by resolution or ordinance passed by | 66198 |
| the legislative authority of each of the parties to such | 66199 |
| agreement, which resolution or ordinance shall authorize the | 66200 |
| execution thereof by a designated official or officials of each of | 66201 |
| such parties, and such agreement, when so approved and executed, | 66202 |
| shall be in full force and effect. | 66203 |
| (B)(1) Subject to division (B)(2) of this section, any party | 66204 |
| to such an agreement may issue and, notwithstanding any other | 66205 |
| provision of the Revised Code, a district may purchase directly | 66206 |
| from the party as an investment, securities to evidence the | 66207 |
| obligations of that party to the district pursuant to the | 66208 |
| agreement for its portion of the cost of the project pursuant to | 66209 |
| Chapter 133. or other applicable provisions of the Revised Code. | 66210 |
| (2) More than half of the property necessary for any project | 66211 |
| undertaken pursuant to an agreement under this section for which a | 66212 |
| district is purchasing securities under division (B)(1) of this | 66213 |
| section shall be located within the territory of the | 66214 |
| transportation improvement district. | 66215 |
| Sec. 5540.09. (A) The bonds do not constitute a debt, or a | 66216 |
| pledge of the faith and credit, of the state or of any political | 66217 |
| subdivision of the state. Bond service charges on outstanding | 66218 |
| bonds are payable solely from the pledged revenues pledged for | 66219 |
| their payment as authorized by this chapter and as provided in the | 66220 |
| bond proceedings. All bonds shall contain on their face a | 66221 |
| statement to that effect. | 66222 |
| (B) All expenses incurred in carrying out this chapter shall | 66223 |
| be payable
solely from revenues provided under this chapter. | 66224 |
| Except as provided in section 5540.032 of the Revised Code, this | 66225 |
| chapter does not authorize the board of trustees of a district to | 66226 |
| incur indebtedness or liability on behalf of or payable by the | 66227 |
| state or any political subdivision of the state. | 66228 |
| Sec. 5552.01. As used in this chapter: | 66229 |
| (A) "Metropolitan planning organization" | 66230 |
| 66231 | |
| a metropolitan planning organization designated under section 9(a) | 66232 |
| of the "Federal-Aid Highway Act of 1962," 76 Stat. 1148, 23 U.S.C. | 66233 |
| 134, as amended. | 66234 |
| (B) "Urban township" means a township that has a population | 66235 |
| in the unincorporated area of the township of fifteen thousand or | 66236 |
| more and that has adopted a limited home rule government under | 66237 |
| section 504.02 of the Revised Code. | 66238 |
| Sec. 5703.052. (A) There is hereby created in the state | 66239 |
| treasury the tax refund fund, from which refunds shall be paid for | 66240 |
| taxes illegally or erroneously assessed or collected, or for any | 66241 |
| other reason overpaid, that are levied by Chapter 4301., 4305., | 66242 |
| 5728., 5729., 5733., 5735., 5739., 5741., 5743., 5747., 5748., | 66243 |
| 5749., or
| 66244 |
| 4303.33, 5707.03, 5725.18, 5727.28, 5727.38, 5727.81, and 5727.811 | 66245 |
| of the Revised Code. Refunds for fees illegally or erroneously | 66246 |
| assessed or collected, or for any other reason overpaid, that are | 66247 |
| levied by sections 3734.90 to 3734.9014 of the Revised Code also | 66248 |
| shall be paid from the fund. However, refunds for taxes levied | 66249 |
| under section 5739.101 of the Revised Code shall not be paid from | 66250 |
| the tax refund fund, but shall be paid as provided in section | 66251 |
| 5739.104 of the Revised Code. | 66252 |
| (B)(1) Upon certification by the tax commissioner to the | 66253 |
| treasurer of state of a tax refund or fee refund, or by the | 66254 |
| superintendent of insurance of a domestic or foreign insurance tax | 66255 |
| refund, the treasurer of state shall place the amount certified to | 66256 |
| the credit of the fund. The certified amount transferred shall be | 66257 |
| derived from current receipts of the same tax or the fee from | 66258 |
| which the refund arose. If current receipts from the tax or fee | 66259 |
| from which the refund arose are inadequate to make the transfer of | 66260 |
| the amount so certified, the treasurer of state shall transfer | 66261 |
| such certified amount from current receipts of the sales tax | 66262 |
| levied by section 5739.02 of the Revised Code. | 66263 |
| (2) When the treasurer of state provides for the payment of a | 66264 |
| refund of a tax or fee from the current receipts of the sales tax, | 66265 |
| and the refund is for a tax or fee that is not levied by the | 66266 |
| state, the tax commissioner shall recover the amount of that | 66267 |
| refund from the next distribution of that tax or fee that | 66268 |
| otherwise would be made to the taxing jurisdiction. If the amount | 66269 |
| to be recovered would exceed twenty-five per cent of the next | 66270 |
| distribution of that tax or fee, the commissioner may spread the | 66271 |
| recovery over more than one future distribution, taking into | 66272 |
| account the amount to be recovered and the amount of the | 66273 |
| anticipated future distributions. In no event may the commissioner | 66274 |
| spread the recovery over a period to exceed twenty-four months. | 66275 |
| Sec. 5703.053. As used in this section, "postal service" | 66276 |
| means the United States postal service. | 66277 |
| An application to the tax commissioner for a tax refund under | 66278 |
| section 4307.05, 4307.07, 5727.28, 5727.91, 5728.061, 5735.122, | 66279 |
| 5735.13, 5735.14, 5735.141, 5735.142, 5739.07, 5741.10, 5743.05, | 66280 |
|
5743.53,
5745.11,
5749.08, or | 66281 |
| or division (B) of section 5703.05 of the Revised Code, or a fee | 66282 |
| refunded under section 3734.905 of the Revised Code, that is | 66283 |
| received after the last day for filing under such section shall be | 66284 |
| considered to have been filed in a timely manner if: | 66285 |
| (A) The application is delivered by the postal service and | 66286 |
| the earliest postal service postmark on the cover in which the | 66287 |
| application is enclosed is not later than the last day for filing | 66288 |
| the application; | 66289 |
| (B) The application is delivered by the postal service, the | 66290 |
| only postmark on the cover in which the application is enclosed | 66291 |
| was affixed by a private postal meter, the date of that postmark | 66292 |
| is not later than the last day for filing the application, and the | 66293 |
| application is received within seven days of such last day; or | 66294 |
| (C) The application is delivered by the postal service, no | 66295 |
| postmark date was affixed to the cover in which the application is | 66296 |
| enclosed or the date of the postmark so affixed is not legible, | 66297 |
| and the application is received within seven days of the last day | 66298 |
| for making the application. | 66299 |
| Sec. 5703.057. (A) For the efficient administration of the | 66300 |
| taxes and fees administered by the tax commissioner, the | 66301 |
| commissioner may require that any person filing a tax document | 66302 |
| with the department of taxation provide identifying information, | 66303 |
| which may include the person's social security number, federal | 66304 |
| employer identification number, or other identification number | 66305 |
| requested by the commissioner. A person required by the | 66306 |
| commissioner to provide identifying information who has | 66307 |
| experienced any change with respect to that information shall | 66308 |
| notify the commissioner of the change prior to, or upon, filing | 66309 |
| the next tax document requiring such identifying information. | 66310 |
| (B) When transmitting or otherwise making use of a tax | 66311 |
| document that contains a person's social security number, the | 66312 |
| commissioner shall take all reasonable measures necessary to | 66313 |
| ensure that the number is not capable of being viewed by the | 66314 |
| general public, including, when necessary, masking the number so | 66315 |
| that it is not readily discernible by the general public. | 66316 |
| (C)(1) If the commissioner makes a request for identifying | 66317 |
| information and the commissioner does not receive valid | 66318 |
| identifying information within thirty days of making the request, | 66319 |
| the commissioner may impose a penalty upon the person to whom the | 66320 |
| request was directed of up to one hundred dollars. If, after the | 66321 |
| expiration of this thirty day period, the commissioner makes one | 66322 |
| or more subsequent requests for identifying information and the | 66323 |
| person to whom the subsequent request is directed fails to provide | 66324 |
| valid identifying information within thirty days of the | 66325 |
| commissioner's subsequent request, the commissioner may impose an | 66326 |
| additional penalty of up to two hundred dollars for each | 66327 |
| subsequent request not complied with in a timely fashion. | 66328 |
| (2) If a person required by the commissioner to provide | 66329 |
| identifying information does not notify the commissioner of a | 66330 |
| change with respect to that information as required under division | 66331 |
| (A) of this section within thirty days after filing the next tax | 66332 |
| document requiring such identifying information, the commissioner | 66333 |
| may impose a penalty of up to fifty dollars. | 66334 |
| (3) The penalties provided for under divisions (C)(1) and (2) | 66335 |
| of this section may be billed and assessed in the same manner as | 66336 |
| the tax or fee with respect to which the identifying information | 66337 |
| is sought and are in addition to any applicable criminal penalties | 66338 |
| described in division (D) of this section and any other penalties | 66339 |
| that may be imposed by the commissioner by law. | 66340 |
| (D) Section 5703.26 of the Revised Code applies with respect | 66341 |
| to false or fraudulent identifying information provided by a | 66342 |
| person to the commissioner under this section. | 66343 |
| Sec. 5703.26. No person shall knowingly make, present, aid, | 66344 |
| or assist in the preparation or presentation of a false or | 66345 |
| fraudulent report, return, schedule, statement, claim, or document | 66346 |
| authorized or required by law to be filed with the department of | 66347 |
| taxation, the treasurer of state, a county auditor, a county | 66348 |
| treasurer, or a county clerk of courts, or knowingly procure, | 66349 |
| counsel, or advise the preparation or presentation of such report, | 66350 |
| return, schedule, statement, claim, or document, or knowingly | 66351 |
| change, alter, or amend, or knowingly procure, counsel, or advise | 66352 |
| such change, alteration, or amendment of the records upon which | 66353 |
| such report, return, schedule, statement, claim, or document is | 66354 |
| based with intent to defraud the state or any of its subdivisions. | 66355 |
| | 66356 |
| 66357 |
| Sec. 5703.50. As used in sections 5703.50 to 5703.53 of the | 66358 |
| Revised Code: | 66359 |
| (A) "Tax" includes only those taxes imposed on tangible | 66360 |
| personal property listed in accordance with Chapter 5711. of the | 66361 |
| Revised Code and taxes imposed under Chapters 5733., 5739., 5741., | 66362 |
| 66363 |
| (B) "Taxpayer" means a person subject to or potentially | 66364 |
| subject to a tax including an employer required to deduct and | 66365 |
| withhold any amount under section 5747.06 of the Revised Code. | 66366 |
| (C) "Audit" means the examination of a taxpayer or the | 66367 |
| inspection of the books, records, memoranda, or accounts of a | 66368 |
| taxpayer for the purpose of determining liability for a tax. | 66369 |
| (D) "Assessment" means a notice of underpayment or nonpayment | 66370 |
| of a tax issued pursuant to section 5711.26, 5711.32, 5733.11, | 66371 |
| 5739.13, 5741.11, 5741.13, | 66372 |
| Code. | 66373 |
| (E) "County auditor" means the auditor of the county in which | 66374 |
| the tangible personal property subject to a tax is located. | 66375 |
| Sec. 5703.70. (A) On the filing of an application for refund | 66376 |
| under section 3734.905, 4307.05, 4307.07, 5727.28, 5727.91, | 66377 |
| 5728.061, 5733.12, 5735.122, 5735.13, 5735.14, 5735.141, 5735.142, | 66378 |
| 5735.18, 5739.07, 5739.071, 5739.104, 5741.10, 5743.05, 5743.53, | 66379 |
| 66380 | |
| compensation under section 5739.123 of the Revised Code, if the | 66381 |
| tax commissioner determines that the amount of the refund or | 66382 |
| compensation to which the applicant is entitled is less than the | 66383 |
| amount claimed in the application, the commissioner shall give the | 66384 |
| applicant written notice by ordinary mail of the amount. The | 66385 |
| notice shall be sent to the address shown on the application | 66386 |
| unless the applicant notifies the commissioner of a different | 66387 |
| address. The applicant shall have sixty days from the date the | 66388 |
| commissioner mails the notice to provide additional information to | 66389 |
| the commissioner or request a hearing, or both. | 66390 |
| (B) If the applicant neither requests a hearing nor provides | 66391 |
| additional information to the tax commissioner within the time | 66392 |
| prescribed by division (A) of this section, the commissioner shall | 66393 |
| take no further action, and the refund amount or compensation | 66394 |
| amount denied becomes final. | 66395 |
| (C)(1) If the applicant requests a hearing within the time | 66396 |
| prescribed by division (A) of this section, the tax commissioner | 66397 |
| shall assign a time and place for the hearing and notify the | 66398 |
| applicant of such time and place, but the commissioner may | 66399 |
| continue the hearing from time to time as necessary. After the | 66400 |
| hearing, the commissioner may make such adjustments to the refund | 66401 |
| or compensation as the commissioner finds proper, and shall issue | 66402 |
| a final determination thereon. | 66403 |
| (2) If the applicant does not request a hearing, but provides | 66404 |
| additional information, within the time prescribed by division (A) | 66405 |
| of this section, the commissioner shall review the information, | 66406 |
| make such adjustments to the refund or compensation as the | 66407 |
| commissioner finds proper, and issue a final determination | 66408 |
| thereon. | 66409 |
| (3) The commissioner shall serve a copy of the final | 66410 |
| determination made under division (C)(1) or (2) of this section on | 66411 |
| the applicant in the manner provided in section 5703.37 of the | 66412 |
| Revised Code, and the decision is final, subject to appeal under | 66413 |
| section 5717.02 of the Revised Code. | 66414 |
| (D) The tax commissioner shall certify to the director of | 66415 |
| budget and management and treasurer of state for payment from the | 66416 |
| tax refund fund created by section 5703.052 of the Revised Code, | 66417 |
| the amount of the refund to be refunded under division (B) or (C) | 66418 |
| of this section. The commissioner also shall certify to the | 66419 |
| director and treasurer of state for payment from the general | 66420 |
| revenue fund the amount of compensation to be paid under division | 66421 |
| (B) or (C) of this section. | 66422 |
| Sec. 5703.80. There is hereby created in the state treasury | 66423 |
| the property tax administration fund. All money to the credit of | 66424 |
| the fund shall be used to defray the costs incurred by the | 66425 |
| department of taxation in administering the taxation of property | 66426 |
| and the equalization of real property valuation. | 66427 |
| Each fiscal year between the first and fifteenth days of | 66428 |
| July, the tax commissioner shall compute the following amounts for | 66429 |
| the property in each taxing district in each county, and certify | 66430 |
| to the director of budget and management the sum of those amounts | 66431 |
| for all taxing districts in all counties: | 66432 |
|
(A) | 66433 |
| hundredths of one per cent of the total amount by which taxes | 66434 |
| charged against real property on the general tax list of real and | 66435 |
| public utility property were reduced under section 319.302 of the | 66436 |
| Revised Code for the preceding tax year; | 66437 |
|
(B) | 66438 |
| thirty-five hundredths of one per cent of the total amount by | 66439 |
| which taxes charged against real property on the general tax list | 66440 |
| of real and public utility property were reduced under section | 66441 |
| 319.302 of the Revised Code for the preceding tax year; | 66442 |
| (C) For fiscal year 2006, one-half of one per cent of the | 66443 |
| total amount of taxes charged and payable against public utility | 66444 |
| personal property on the general tax list of real and public | 66445 |
| utility property for the preceding tax year and of the total | 66446 |
| amount of taxes charged and payable against tangible personal | 66447 |
| property on the general tax list of personal property of the | 66448 |
| preceding tax year and for which returns were filed with the tax | 66449 |
| commissioner under section 5711.13 of the Revised Code; | 66450 |
| | 66451 |
| hundredths of one per cent of the total amount of taxes charged | 66452 |
| and payable against public utility personal property on the | 66453 |
| general tax list of real and public utility property for the | 66454 |
| preceding tax year and of the total amount of taxes charged and | 66455 |
| payable against tangible personal property on the general tax list | 66456 |
| of personal property of the preceding tax year and for which | 66457 |
| returns were filed with the tax commissioner under section 5711.13 | 66458 |
| of the Revised Code; | 66459 |
| (E) For fiscal year 2008 and thereafter, six-tenths of one | 66460 |
| per cent of the total amount of taxes charged and payable against | 66461 |
| public utility personal property on the general tax list of real | 66462 |
| and public utility property for the preceding tax year and of the | 66463 |
| total amount of taxes charged and payable against tangible | 66464 |
| personal property on the general tax list of personal property of | 66465 |
| the preceding tax year and for which returns were filed with the | 66466 |
| tax commissioner under section 5711.13 of the Revised Code. | 66467 |
| After receiving the tax commissioner's certification, the | 66468 |
| director of budget and management shall transfer from the general | 66469 |
| revenue fund to the property tax administration fund one-fourth of | 66470 |
| the amount certified on or before each of the following days: the | 66471 |
| first days of August, November, February, and May. | 66472 |
| On or before the thirtieth day of June of the fiscal year, | 66473 |
| the tax commissioner shall certify to the director of budget and | 66474 |
| management the sum of the amounts by which the amounts computed | 66475 |
| for a taxing district under | 66476 |
| section exceeded the distributions to the taxing district under | 66477 |
| division (F) of section 321.24 of the Revised Code, and the | 66478 |
| director shall transfer that sum from the property tax | 66479 |
| administration fund to the general revenue fund. | 66480 |
| Sec. 5703.99. (A) Whoever violates section 5703.21 of the | 66481 |
| Revised Code shall be fined not less than fifty nor more than one | 66482 |
| hundred dollars. | 66483 |
| (B) Whoever violates section 5703.26 of the Revised Code is | 66484 |
| guilty of a felony of the fifth degree | 66485 |
| 66486 | |
| 66487 |
| (C) Whoever violates section 5703.43 of the Revised Code | 66488 |
| 66489 | |
| misdemeanor of the first degree. | 66490 |
| (D) Whoever violates any law that the department of taxation | 66491 |
| is required to administer, or fails to perform any duty required | 66492 |
| by such law, for which a penalty has not otherwise been provided, | 66493 |
| or fails to obey any lawful requirement or order made by the | 66494 |
| department of taxation, shall be fined not
less than | 66495 |
| one hundred fifty nor more than one thousand dollars. | 66496 |
| Sec. 5705.091. The board of county commissioners of each | 66497 |
| county shall establish a county mental retardation and | 66498 |
| developmental disabilities general fund. Notwithstanding sections | 66499 |
| 5705.09 and 5705.10 of the Revised Code, proceeds from levies | 66500 |
| under section 5705.222 and division (L) of section 5705.19 of the | 66501 |
| Revised Code shall be deposited to the credit of the county mental | 66502 |
| retardation and developmental disabilities general fund. Accounts | 66503 |
| shall be established within the county mental retardation and | 66504 |
| developmental disabilities general fund for each of the several | 66505 |
| particular purposes of the levies as specified in the resolutions | 66506 |
| under which the levies were approved, and proceeds from different | 66507 |
| levies that were approved for the same particular purpose shall be | 66508 |
| credited to accounts for that purpose. Other money received by the | 66509 |
| county for the purposes of Chapters 3323. and 5126. of the Revised | 66510 |
| Code and not required by state or federal law to be deposited to | 66511 |
| the credit of a different fund shall also be deposited to the | 66512 |
| credit of the county mental retardation and developmental | 66513 |
| disabilities general fund, in an account appropriate to the | 66514 |
| particular purpose for which the money was received. Unless | 66515 |
| otherwise provided by law, an unexpended balance at the end of a | 66516 |
| fiscal year in any account in the county mental retardation and | 66517 |
| developmental disabilities general fund shall be appropriated the | 66518 |
| next fiscal year to the same fund. | 66519 |
| A county board of mental retardation and developmental | 66520 |
| disabilities may request, by resolution, that the board of county | 66521 |
| commissioners establish a county mental retardation and | 66522 |
| developmental disabilities capital fund for money to be used for | 66523 |
| acquisition, construction, or improvement of capital facilities or | 66524 |
| acquisition of capital equipment used in providing services to | 66525 |
| mentally retarded and developmentally disabled persons. The county | 66526 |
| board of mental retardation and developmental disabilities shall | 66527 |
| transmit a certified copy of the resolution to the board of county | 66528 |
| commissioners. Upon receiving the resolution, the board of county | 66529 |
| commissioners shall establish a county mental retardation and | 66530 |
| developmental disabilities capital fund. | 66531 |
| A county board shall request, by resolution, that the board | 66532 |
| of county commissioners establish a county MR/DD medicaid reserve | 66533 |
| fund. On receipt of the resolution, the board of county | 66534 |
| commissioners shall establish a county MR/DD medicaid reserve | 66535 |
| fund. The portion of federal revenue funds that the county board | 66536 |
|
earns for providing | 66537 |
|
management services | 66538 |
| needed for the county board to pay for extraordinary costs, | 66539 |
| including extraordinary costs for services to individuals with | 66540 |
| mental retardation or other developmental disability, and ensure | 66541 |
| the availability of adequate funds in the event a county property | 66542 |
| tax levy for services for individuals with mental retardation or | 66543 |
| other developmental disability fails shall be deposited into the | 66544 |
| fund. The county board shall use money in the fund for those | 66545 |
| purposes in accordance with rules adopted under section 5123.0413 | 66546 |
| of the Revised Code. | 66547 |
| Sec. 5705.19. This section does not apply to school | 66548 |
| districts or county school financing districts. | 66549 |
| The taxing authority of any subdivision at any time and in | 66550 |
| any year, by vote of two-thirds of all the members of the taxing | 66551 |
| authority, may declare by resolution and certify the resolution to | 66552 |
| the board of elections not less than seventy-five days before the | 66553 |
| election upon which it will be voted that the amount of taxes that | 66554 |
| may be raised within the ten-mill limitation will be insufficient | 66555 |
| to provide for the necessary requirements of the subdivision and | 66556 |
| that it is necessary to levy a tax in excess of that limitation | 66557 |
| for any of the following purposes: | 66558 |
| (A) For current expenses of the subdivision, except that the | 66559 |
| total levy for current expenses of a detention facility district | 66560 |
| or district organized under section 2151.65 of the Revised Code | 66561 |
| shall not exceed two mills and that the total levy for current | 66562 |
| expenses of a combined district organized under sections 2151.65 | 66563 |
| and 2152.41 of the Revised Code shall not exceed four mills; | 66564 |
| (B) For the payment of debt charges on certain described | 66565 |
| bonds, notes, or certificates of indebtedness of the subdivision | 66566 |
| issued subsequent to January 1, 1925; | 66567 |
| (C) For the debt charges on all bonds, notes, and | 66568 |
| certificates of indebtedness issued and authorized to be issued | 66569 |
| prior to January 1, 1925; | 66570 |
| (D) For a public library of, or supported by, the subdivision | 66571 |
| under whatever law organized or authorized to be supported; | 66572 |
| (E) For a municipal university, not to exceed two mills over | 66573 |
| the limitation of one mill prescribed in section 3349.13 of the | 66574 |
| Revised Code; | 66575 |
| (F) For the construction or acquisition of any specific | 66576 |
| permanent improvement or class of improvements that the taxing | 66577 |
| authority of the subdivision may include in a single bond issue; | 66578 |
| (G) For the general construction, reconstruction, | 66579 |
| resurfacing, and repair of streets, roads, and bridges in | 66580 |
| municipal corporations, counties, or townships; | 66581 |
| (H) For parks and recreational purposes; | 66582 |
| (I) For the purpose of providing and maintaining fire | 66583 |
| apparatus, appliances, buildings, or sites therefor, or sources of | 66584 |
| water supply and materials therefor, or the establishment and | 66585 |
| maintenance of lines of fire alarm telegraph, or the payment of | 66586 |
| permanent, part-time, or volunteer firefighters or firefighting | 66587 |
| companies to operate the same, including the payment of the | 66588 |
| firefighter employers' contribution required under section 742.34 | 66589 |
| of the Revised Code, or the purchase of ambulance equipment, or | 66590 |
| the provision of ambulance, paramedic, or other emergency medical | 66591 |
| services operated by a fire department or firefighting company; | 66592 |
| (J) For the purpose of providing and maintaining motor | 66593 |
| vehicles, communications, other equipment, buildings, and sites | 66594 |
| for such buildings used directly in the operation of a police | 66595 |
| department, or the payment of salaries of permanent police | 66596 |
| personnel, including the payment of the police officer employers' | 66597 |
| contribution required under section 742.33 of the Revised Code, or | 66598 |
| the payment of the costs incurred by townships as a result of | 66599 |
| contracts made with other political subdivisions in order to | 66600 |
| obtain police protection, or the provision of ambulance or | 66601 |
| emergency medical services operated by a police department; | 66602 |
| (K) For the maintenance and operation of a county home or | 66603 |
| detention facility; | 66604 |
| (L) For community mental retardation and developmental | 66605 |
| disabilities programs and services pursuant to Chapter 5126. of | 66606 |
| the Revised Code, except that the procedure for such levies shall | 66607 |
| be as provided in section 5705.222 of the Revised Code; | 66608 |
| (M) For regional planning; | 66609 |
| (N) For a county's share of the cost of maintaining and | 66610 |
| operating schools, district detention facilities, forestry camps, | 66611 |
| or other facilities, or any combination thereof, established under | 66612 |
| section 2151.65 or 2152.41 of the Revised Code or both of those | 66613 |
| sections; | 66614 |
| (O) For providing for flood defense, providing and | 66615 |
| maintaining a flood wall or pumps, and other purposes to prevent | 66616 |
| floods; | 66617 |
| (P) For maintaining and operating sewage disposal plants and | 66618 |
| facilities; | 66619 |
| (Q) For the purpose of purchasing, acquiring, constructing, | 66620 |
| enlarging, improving, equipping, repairing, maintaining, or | 66621 |
| operating, or any combination of the foregoing, a county transit | 66622 |
| system pursuant to sections 306.01 to 306.13 of the Revised Code, | 66623 |
| or of making any payment to a board of county commissioners | 66624 |
| operating a transit system or a county transit board pursuant to | 66625 |
| section 306.06 of the Revised Code; | 66626 |
| (R) For the subdivision's share of the cost of acquiring or | 66627 |
| constructing any schools, forestry camps, detention facilities, or | 66628 |
| other facilities, or any combination thereof, under section | 66629 |
| 2151.65 or 2152.41 of the Revised Code or both of those sections; | 66630 |
| (S) For the prevention, control, and abatement of air | 66631 |
| pollution; | 66632 |
| (T) For maintaining and operating cemeteries; | 66633 |
| (U) For providing ambulance service, emergency medical | 66634 |
| service, or both; | 66635 |
| (V) For providing for the collection and disposal of garbage | 66636 |
| or refuse, including yard waste; | 66637 |
| (W) For the payment of the police officer employers' | 66638 |
| contribution or the firefighter employers' contribution required | 66639 |
| under sections 742.33 and 742.34 of the Revised Code; | 66640 |
| (X) For the construction and maintenance of a drainage | 66641 |
| improvement pursuant to section 6131.52 of the Revised Code; | 66642 |
| (Y) For providing or maintaining senior citizens services or | 66643 |
| facilities as authorized by section 307.694, 307.85, 505.70, or | 66644 |
| 505.706 or division (EE) of section 717.01 of the Revised Code; | 66645 |
| (Z) For the provision and maintenance of zoological park | 66646 |
| services and facilities, or of a facility that encourages the | 66647 |
| study of and promotes the sciences, as authorized under section | 66648 |
| 307.76 of the Revised Code; | 66649 |
| (AA) For the maintenance and operation of a free public | 66650 |
| museum of art, science, or history; | 66651 |
| (BB) For the establishment and operation of a 9-1-1 system, | 66652 |
| as defined in section 4931.40 of the Revised Code; | 66653 |
| (CC) For the purpose of acquiring, rehabilitating, or | 66654 |
| developing rail property or rail service. As used in this | 66655 |
| division, "rail property" and "rail service" have the same | 66656 |
| meanings as in section 4981.01 of the Revised Code. This division | 66657 |
| applies only to a county, township, or municipal corporation. | 66658 |
| (DD) For the purpose of acquiring property for, constructing, | 66659 |
| operating, and maintaining community centers as provided for in | 66660 |
| section 755.16 of the Revised Code; | 66661 |
| (EE) For the creation and operation of an office or joint | 66662 |
| office of economic development, for any economic development | 66663 |
| purpose of the office, and to otherwise provide for the | 66664 |
| establishment and operation of a program of economic development | 66665 |
| pursuant to sections 307.07 and 307.64 of the Revised Code; | 66666 |
| (FF) For the purpose of acquiring, establishing, | 66667 |
| constructing, improving, equipping, maintaining, or operating, or | 66668 |
| any combination of the foregoing, a township airport, landing | 66669 |
| field, or other air navigation facility pursuant to section 505.15 | 66670 |
| of the Revised Code; | 66671 |
| (GG) For the payment of costs incurred by a township as a | 66672 |
| result of a contract made with a county pursuant to section | 66673 |
| 505.263 of the Revised Code in order to pay all or any part of the | 66674 |
| cost of constructing, maintaining, repairing, or operating a water | 66675 |
| supply improvement; | 66676 |
| (HH) For a board of township trustees to acquire, other than | 66677 |
| by appropriation, an ownership interest in land, water, or | 66678 |
| wetlands, or to restore or maintain land, water, or wetlands in | 66679 |
| which the board has an ownership interest, not for purposes of | 66680 |
| recreation, but for the purposes of protecting and preserving the | 66681 |
| natural, scenic, open, or wooded condition of the land, water, or | 66682 |
| wetlands against modification or encroachment resulting from | 66683 |
| occupation, development, or other use, which may be styled as | 66684 |
| protecting or preserving "greenspace" in the resolution, notice of | 66685 |
| election, or ballot form; | 66686 |
| (II) For the support by a county of a crime victim assistance | 66687 |
| program that is provided and maintained by a county agency or a | 66688 |
| private, nonprofit corporation or association under section 307.62 | 66689 |
| of the Revised Code; | 66690 |
| (JJ) For any or all of the purposes set forth in divisions | 66691 |
| (I) and (J) of this section. This division applies only to a | 66692 |
| township. | 66693 |
| (KK) For a countywide public safety communications system | 66694 |
| under section 307.63 of the Revised Code. This division applies | 66695 |
| only to counties. | 66696 |
| (LL) For the support by a county of criminal justice services | 66697 |
| under section 307.45 of the Revised Code; | 66698 |
| (MM) For the purpose of maintaining and operating a jail or | 66699 |
| other detention facility as defined in section 2921.01 of the | 66700 |
| Revised Code; | 66701 |
| (NN) For purchasing, maintaining, or improving, or any | 66702 |
| combination of the foregoing, real estate on which to hold | 66703 |
| agricultural fairs. This division applies only to a county. | 66704 |
| (OO) For constructing, rehabilitating, repairing, or | 66705 |
| maintaining sidewalks, walkways, trails, bicycle pathways, or | 66706 |
| similar improvements, or acquiring ownership interests in land | 66707 |
| necessary for the foregoing improvements; | 66708 |
| (PP) For both of the purposes set forth in divisions (G) and | 66709 |
| (OO) of this section. | 66710 |
| (QQ) For both of the purposes set forth in divisions (H) and | 66711 |
| (HH) of this section. This division applies only to a township. | 66712 |
| (RR) For the legislative authority of a municipal | 66713 |
| corporation, board of county commissioners of a county, or board | 66714 |
| of township trustees of a township to acquire agricultural | 66715 |
| easements, as defined in section 5301.67 of the Revised Code, and | 66716 |
| to supervise and enforce the easements. | 66717 |
| (SS) For both of the purposes set forth in divisions (BB) and | 66718 |
| (KK) of this section. This division applies only to a county. | 66719 |
| The resolution shall be confined to the purpose or purposes | 66720 |
| described in one division of this section, to which the revenue | 66721 |
| derived therefrom shall be applied. The existence in any other | 66722 |
| division of this section of authority to levy a tax for any part | 66723 |
| or all of the same purpose or purposes does not preclude the use | 66724 |
| of such revenues for any part of the purpose or purposes of the | 66725 |
| division under which the resolution is adopted. | 66726 |
| The resolution shall specify the amount of the increase in | 66727 |
| rate that it is necessary to levy, the purpose of that increase in | 66728 |
| rate, and the number of years during which the increase in rate | 66729 |
| shall be in effect, which may or may not include a levy upon the | 66730 |
| duplicate of the current year. The number of years may be any | 66731 |
| number not exceeding five, except as follows: | 66732 |
| (1) When the additional rate is for the payment of debt | 66733 |
| charges, the increased rate shall be for the life of the | 66734 |
| indebtedness. | 66735 |
| (2) When the additional rate is for any of the following, the | 66736 |
| increased rate shall be for a continuing period of time: | 66737 |
| (a) For the current expenses for a detention facility | 66738 |
| district, a district organized under section 2151.65 of the | 66739 |
| Revised Code, or a combined district organized under sections | 66740 |
| 2151.65 and 2152.41 of the Revised Code; | 66741 |
| (b) For providing a county's share of the cost of maintaining | 66742 |
| and operating schools, district detention facilities, forestry | 66743 |
| camps, or other facilities, or any combination thereof, | 66744 |
| established under section 2151.65 or 2152.41 of the Revised Code | 66745 |
| or under both of those sections. | 66746 |
| (3) When the additional rate is for either of the following, | 66747 |
| the increased rate may be for a continuing period of time: | 66748 |
| (a) For the purposes set forth in division (I), (J), (U), or | 66749 |
| (KK) of this section; | 66750 |
| (b) For the maintenance and operation of a joint recreation | 66751 |
| district. | 66752 |
| (4) When the increase is for the purpose or purposes set | 66753 |
| forth in division (D), (G), (H), (CC), or (PP) of this section, | 66754 |
| the tax levy may be for any specified number of years or for a | 66755 |
| continuing period of time, as set forth in the resolution. | 66756 |
| (5) When the additional rate is for the purpose described in | 66757 |
| division (Z) of this section, the increased rate shall be for any | 66758 |
| number of years not exceeding ten. | 66759 |
| A levy for one of the purposes set forth in division (G), | 66760 |
| (I), (J), or (U) of this section may be reduced pursuant to | 66761 |
| section 5705.261 or 5705.31 of the Revised Code. A levy for one of | 66762 |
| the purposes set forth in division (G), (I), (J), or (U) of this | 66763 |
| section may also be terminated or permanently reduced by the | 66764 |
| taxing authority if it adopts a resolution stating that the | 66765 |
| continuance of the levy is unnecessary and the levy shall be | 66766 |
| terminated or that the millage is excessive and the levy shall be | 66767 |
| decreased by a designated amount. | 66768 |
| A resolution of a detention facility district, a district | 66769 |
| organized under section 2151.65 of the Revised Code, or a combined | 66770 |
| district organized under both sections 2151.65 and 2152.41 of the | 66771 |
| Revised Code may include both current expenses and other purposes, | 66772 |
| provided that the resolution shall apportion the annual rate of | 66773 |
| levy between the current expenses and the other purpose or | 66774 |
| purposes. The apportionment need not be the same for each year of | 66775 |
| the levy, but the respective portions of the rate actually levied | 66776 |
| each year for the current expenses and the other purpose or | 66777 |
| purposes shall be limited by the apportionment. | 66778 |
| Whenever a board of county commissioners, acting either as | 66779 |
| the taxing authority of its county or as the taxing authority of a | 66780 |
| sewer district or subdistrict created under Chapter 6117. of the | 66781 |
| Revised Code, by resolution declares it necessary to levy a tax in | 66782 |
| excess of the ten-mill limitation for the purpose of constructing, | 66783 |
| improving, or extending sewage disposal plants or sewage systems, | 66784 |
| the tax may be in effect for any number of years not exceeding | 66785 |
| twenty, and the proceeds of the tax, notwithstanding the general | 66786 |
| provisions of this section, may be used to pay debt charges on any | 66787 |
| obligations issued and outstanding on behalf of the subdivision | 66788 |
| for the purposes enumerated in this paragraph, provided that any | 66789 |
| such obligations have been specifically described in the | 66790 |
| resolution. | 66791 |
| The resolution shall go into immediate effect upon its | 66792 |
| passage, and no publication of the resolution is necessary other | 66793 |
| than that provided for in the notice of election. | 66794 |
| When the electors of a subdivision have approved a tax levy | 66795 |
| under this section, the taxing authority of the subdivision may | 66796 |
| anticipate a fraction of the proceeds of the levy and issue | 66797 |
| anticipation notes in accordance with section 5705.191 or 5705.193 | 66798 |
| of the Revised Code. | 66799 |
| Sec. 5705.391. | 66800 |
| 66801 | |
| 66802 | |
| 66803 | |
| 66804 | |
| 66805 | |
| 66806 | |
| 66807 | |
| 66808 | |
| 66809 | |
| 66810 | |
| 66811 | |
| 66812 | |
| 66813 | |
| 66814 | |
| 66815 | |
| 66816 | |
| 66817 | |
| 66818 | |
| 66819 | |
| 66820 |
| | 66821 |
| education and the auditor of state shall jointly adopt rules | 66822 |
| requiring
| 66823 |
| submit five-year projections of operational revenues and | 66824 |
|
expenditures | 66825 |
| rules shall provide for the auditor of state or the department to | 66826 |
| examine the five-year projections and to determine whether any | 66827 |
| further fiscal analysis is needed to ascertain whether a district | 66828 |
| has the potential to incur a deficit during the first three years | 66829 |
| of the five-year period. | 66830 |
| The auditor of state or the department may conduct any | 66831 |
| further audits or analyses necessary to assess any district's | 66832 |
| fiscal condition. If further audits or analyses are conducted by | 66833 |
| the auditor of state, the auditor of state shall notify the | 66834 |
| department of the district's fiscal condition, and the department | 66835 |
| shall immediately notify the district of any potential to incur a | 66836 |
| deficit in the current fiscal year or of any strong indications | 66837 |
| that a deficit will be incurred in either of the ensuing two | 66838 |
| years. If such audits or analyses are conducted by the department, | 66839 |
| the department shall immediately notify the district and the | 66840 |
| auditor of state of such potential deficit or strong indications | 66841 |
| thereof. | 66842 |
| A district notified under this section shall take immediate | 66843 |
| steps to eliminate any deficit in the current fiscal year and | 66844 |
| shall begin to plan to avoid the projected future deficits. | 66845 |
| | 66846 |
| sections 3319.31 and 3319.311 of the Revised Code, may limit, | 66847 |
| suspend, or revoke a license as defined under section 3319.31 of | 66848 |
| the Revised Code that has been issued to any school employee found | 66849 |
| to have willfully contributed erroneous, inaccurate, or incomplete | 66850 |
|
data required for
the submission of the | 66851 |
| 66852 |
| Sec. 5707.031. (A) As used in this section: | 66853 |
| (1) "Qualifying dealer in intangibles" has the same meaning | 66854 |
| as in section 5733.45 of the Revised Code; | 66855 |
| (2) "Tax otherwise due" means the tax imposed on a qualifying | 66856 |
| dealer in intangibles under section 5707.03 and Chapter 5725. of | 66857 |
| the Revised Code reduced by the total amount of all other | 66858 |
| nonrefundable credits, if any, that the qualifying dealer in | 66859 |
| intangibles is entitled to claim. | 66860 |
| (B) Upon the issuance of a tax credit certificate by the Ohio | 66861 |
| venture capital authority under section 150.07 of the Revised | 66862 |
| Code, a credit may be claimed against the tax imposed on a | 66863 |
| qualifying dealer in intangibles under section 5707.03 and Chapter | 66864 |
| 5725. of the Revised Code. The credit shall be claimed on a return | 66865 |
| due under section 5725.14 of the Revised Code after the | 66866 |
| certificate is issued by the authority. | 66867 |
| (C) If the qualifying dealer in intangibles elected a | 66868 |
| refundable credit under section 150.07 of the Revised Code and if | 66869 |
| the amount of the credit shown on the certificate does not exceed | 66870 |
| the tax otherwise due, then for the calendar year the qualifying | 66871 |
| dealer in intangibles shall claim a refundable credit equal to the | 66872 |
| amount of the credit shown on the certificate. | 66873 |
| (D) If the qualifying dealer in intangibles elected a | 66874 |
| refundable credit under section 150.07 of the Revised Code, and if | 66875 |
| the amount of the refundable credit shown on the certificate | 66876 |
| exceeds the tax otherwise due, then for the calendar year the | 66877 |
| qualifying dealer in intangibles shall claim a refundable credit | 66878 |
| equal to the sum of the following: | 66879 |
| (1) The amount, if any, of the tax otherwise due; | 66880 |
| (2) Seventy-five per cent of the difference between the | 66881 |
| amount of the refundable credit shown on the certificate and the | 66882 |
| tax otherwise due. | 66883 |
| (E) If the qualifying dealer in intangibles elected a | 66884 |
| nonrefundable credit under section 150.07 of the Revised Code and | 66885 |
| if the nonrefundable credit to which the qualifying dealer in | 66886 |
| intangibles would otherwise be entitled under this section for any | 66887 |
| calendar year is greater than the tax otherwise due, the excess | 66888 |
| shall be allowed as a nonrefundable credit in each of the ensuing | 66889 |
| ten calendar years, but the amount of any excess nonrefundable | 66890 |
| credit allowed in the ensuing calendar year shall be deducted from | 66891 |
| the balance carried forward to the next calendar year. | 66892 |
| Sec. 5709.112. For tax year 2006 and each tax year | 66893 |
| thereafter, all tangible personal property used in the recovery of | 66894 |
| oil or gas, when installed and located on the premises or leased | 66895 |
| premises of the owner, shall be exempt from taxation. Such | 66896 |
| tangible personal property shall be subject to taxation if it is | 66897 |
| not installed on the premises or leased premises of the owner, or | 66898 |
| if it is used for the transmission, transportation, or | 66899 |
| distribution of oil or gas, as provided in section 5711.22 of the | 66900 |
| Revised Code. The tax commissioner may adopt rules governing the | 66901 |
| administration of the exemption provided by this section. | 66902 |
| This section does not apply to any taxpayer that is required | 66903 |
| to file a report under section 5727.08 of the Revised Code. | 66904 |
| Sec. 5711.16. (A) As used in this section | 66905 |
| (1) "Manufacturer" means a person who purchases, receives, or | 66906 |
| holds personal property for the purpose of adding to its value by | 66907 |
| manufacturing, refining, rectifying, or combining different | 66908 |
| materials with a view of making a gain or profit by so doing. | 66909 |
| (2) "Manufacturing equipment" means machinery and equipment, | 66910 |
| and tools and implements, including any associated patterns, jigs, | 66911 |
| dies, drawings, and business fixtures, used at a manufacturing | 66912 |
| facility by a manufacturer, and includes any such property leased | 66913 |
| to the manufacturer. "Manufacturing equipment" excludes property | 66914 |
| used for general office purposes. Nothing in this division is to | 66915 |
| be construed to change the definition of personal property, as | 66916 |
| defined in section 5701.03 of the Revised Code. | 66917 |
| (3) "Manufacturing facility" means a facility or portion of a | 66918 |
| facility used for manufacturing, mining, refining, rectifying, or | 66919 |
| combining different materials with a view of making a gain or | 66920 |
| profit by so doing. "Manufacturing facility" includes that portion | 66921 |
| of a facility used to store or transport raw materials, | 66922 |
| work-in-process, or finished goods inventory, for packaging, for | 66923 |
| research, or to test for quality control, as long as | 66924 |
| manufacturing, mining, refining, rectifying, or combining is also | 66925 |
| performed at the facility. "Manufacturing facility" does not | 66926 |
| include any portion of a facility used primarily for making retail | 66927 |
| sales. | 66928 |
| (4) "Manufacturing inventory" means all articles purchased, | 66929 |
| received, or otherwise held for the purpose of being used, in | 66930 |
| whole or in part, in manufacturing, mining, combining, rectifying, | 66931 |
| or refining, and of all articles that were at any time | 66932 |
| manufactured or changed in any way by a manufacturer, either by | 66933 |
| mining, combining, rectifying, refining, or adding thereto. | 66934 |
| (B) When a manufacturer is required to return a statement of | 66935 |
| the amount of the manufacturer's personal property used in | 66936 |
| business, the manufacturer shall include the average value, | 66937 |
| estimated as provided in this section, of | 66938 |
| 66939 | |
| 66940 | |
| 66941 | |
| 66942 | |
| 66943 | |
| that the manufacturer has had on hand during the year ending on | 66944 |
| the day the property is listed for taxation annually, or the part | 66945 |
| of such year during which the manufacturer was engaged in | 66946 |
| business. The manufacturer shall separately list finished products | 66947 |
| not kept or stored at the place of manufacture or at a warehouse | 66948 |
| in the same county. | 66949 |
| The average value of such property shall be ascertained by | 66950 |
| taking the value of all property subject to be listed on the | 66951 |
| average basis, owned by the manufacturer on the last business day | 66952 |
| of each month the manufacturer was engaged in business during the | 66953 |
| year, adding the monthly values together, and dividing the result | 66954 |
| by the number of months the manufacturer was engaged in such | 66955 |
| business during the year. The result shall be the average value to | 66956 |
| be listed. | 66957 |
| | 66958 |
| 66959 | |
| 66960 | |
| owned or used by the manufacturer. | 66961 |
| Sec. 5711.21. (A) In assessing taxable property the assessor | 66962 |
| shall be governed by the rules of assessment prescribed by | 66963 |
| sections 5711.01 to 5711.36 of the Revised Code. Wherever any | 66964 |
| taxable property is required to be assessed at its true value in | 66965 |
| money or at any percentage of true value, the assessor shall be | 66966 |
| guided by the statements contained in the taxpayer's return and | 66967 |
| such other rules and evidence as will enable the assessor to | 66968 |
| arrive at such true value. Wherever the income yield of taxable | 66969 |
| property is required to be assessed, and the method of determining | 66970 |
| between income and return or distribution of principal, or that of | 66971 |
| allocating expenses in determining net income, or that of | 66972 |
| ascertaining the source from which partial distributions of income | 66973 |
| have been made is not expressly prescribed by sections 5711.01 to | 66974 |
| 5711.36 of the Revised Code, the assessor shall be guided by the | 66975 |
| statements contained in the taxpayer's return and such general | 66976 |
| rules as the tax commissioner adopts to enable the assessor to | 66977 |
| make such determination. | 66978 |
| (B) | 66979 |
| the boilers, machinery, equipment, and any personal property used | 66980 |
| to generate or distribute the electricity shall be the sum of the | 66981 |
| following: | 66982 |
| (1) The true value of the property as it would be determined | 66983 |
| under this chapter if none of the electricity were distributed to | 66984 |
| others multiplied by the per cent of the electricity generated in | 66985 |
| the preceding calendar year that was used by the person who | 66986 |
| generated it; plus | 66987 |
| (2) The true value of the property that is production | 66988 |
| equipment as it would be determined for an electric company under | 66989 |
| section 5727.11 of the Revised Code multiplied by the per cent of | 66990 |
| the electricity generated in the preceding calendar year that was | 66991 |
| not used by the person who generated it; plus | 66992 |
| (3) The true value of the property that is not production | 66993 |
| equipment as it would be determined for an electric company under | 66994 |
| section 5727.11 of the Revised Code multiplied by the per cent of | 66995 |
| the electricity generated in the preceding calendar year that was | 66996 |
| not used by the person who generated it. | 66997 |
| (C) | 66998 |
| personal property leased to a public utility or interexchange | 66999 |
| telecommunications company as defined in section 5727.01 of the | 67000 |
| Revised Code and used by the utility or interexchange | 67001 |
| telecommunications company directly in the rendition of a public | 67002 |
| utility service as defined in division (P) of section 5739.01 of | 67003 |
| the Revised Code shall be determined in the same manner that the | 67004 |
| true value of such property is determined under section 5727.11 of | 67005 |
| the Revised Code if owned by the public utility or interexchange | 67006 |
| telecommunications company. | 67007 |
| Sec. 5711.22. (A) Deposits not taxed at the source shall be | 67008 |
| listed and assessed at their amount in dollars on the day they are | 67009 |
| required to be listed. Moneys shall be listed and assessed at the | 67010 |
| amount thereof in dollars on hand on the day that they are | 67011 |
| required to be listed. In listing investments, the amount of the | 67012 |
| income yield of each for the calendar year next preceding the date | 67013 |
| of listing shall, except as otherwise provided in this chapter, be | 67014 |
| stated in dollars and cents and the assessment thereof shall be at | 67015 |
| the amount of such income yield; but any property defined as | 67016 |
| investments in either division (A) or (B) of section 5701.06 of | 67017 |
| the Revised Code that has not been outstanding for the full | 67018 |
| calendar year next preceding the date of listing, except shares of | 67019 |
| stock of like kind as other shares of the same corporation | 67020 |
| outstanding for the full calendar year next preceding the date of | 67021 |
| listing, or which has yielded no income during such calendar year | 67022 |
| shall be listed and assessed as unproductive investments, at their | 67023 |
| true value in money on the day that such investments are required | 67024 |
| to be listed. | 67025 |
| Credits and other taxable intangibles shall be listed and | 67026 |
| assessed at their true value in money on the day as of which the | 67027 |
| same are required to be listed. | 67028 |
| Shares of stock of a bank holding company, as defined in | 67029 |
| Title 12 U.S.C.A., section 1841, that are required to be listed | 67030 |
| for taxation under this division and upon which dividends were | 67031 |
| paid during the year of their issuance, which dividends are | 67032 |
| subject to taxation under the provisions of Chapter 5747. of the | 67033 |
| Revised Code, shall be exempt from the intangibles tax for the | 67034 |
| year immediately succeeding their issuance. If such shares bear | 67035 |
| dividends the first calendar year after their issuance, which | 67036 |
| dividends are subject to taxation under the provisions of Chapter | 67037 |
| 5747. of the Revised Code, it shall be deemed that the | 67038 |
| nondelinquent intangible property tax pursuant to division (A) of | 67039 |
| section 5707.04 of the Revised Code was paid on those dividends | 67040 |
| paid that first calendar year after the issuance of the shares. | 67041 |
| (B) | 67042 |
| machinery, equipment, and personal property the true value of | 67043 |
| which is determined under division (B) of section 5711.21 of the | 67044 |
| Revised Code shall be listed and assessed at an amount equal to | 67045 |
| the sum of the products determined
under divisions (B)(1) | 67046 |
| 67047 |
| | 67048 |
| under division (B)(1) of section 5711.21 of the Revised Code by | 67049 |
|
the assessment rate for the tax year in division
| 67050 |
| section; | 67051 |
| | 67052 |
| under division (B)(2) of section 5711.21 of the Revised Code by | 67053 |
| the assessment rate in section 5727.111 of the Revised Code that | 67054 |
| is applicable to the production equipment of an electric company; | 67055 |
| | 67056 |
| under division (B)(3) of section 5711.21 of the Revised Code by | 67057 |
| the assessment rate in section 5727.111 of the Revised Code that | 67058 |
| is applicable to the property of an electric company that is not | 67059 |
| production equipment. | 67060 |
| | 67061 |
| property leased to a public utility or interexchange | 67062 |
| telecommunications company as defined in section 5727.01 of the | 67063 |
| Revised Code and used directly in the rendition of a public | 67064 |
| utility service as defined in division (P) of section 5739.01 of | 67065 |
| the Revised Code shall be listed and assessed at the same | 67066 |
| percentage of true value in money that such property is required | 67067 |
| to be assessed by section 5727.111 of the Revised Code if owned by | 67068 |
| the public utility or interexchange telecommunications company. | 67069 |
| | 67070 |
| outside this state and held in this state in a warehouse or a | 67071 |
| place of storage without further manufacturing or processing and | 67072 |
| for storage
only and for shipment outside this
state, but that | 67073 |
| 67074 | |
| this state" under division (B)(1) or (2) of section 5701.08 of the | 67075 |
| Revised
Code, | 67076 |
| 67077 | |
| 67078 |
| | 67079 |
| 67080 | |
| 67081 | |
| 67082 | |
| 67083 | |
| 67084 | |
| 67085 | |
| 67086 | |
| 67087 | |
| 67088 |
| | 67089 |
| 67090 |
| | 67091 |
| 67092 | |
| 67093 | |
| 67094 |
| | 67095 |
| 67096 | |
| 67097 | |
| 67098 | |
| 67099 | |
| 67100 | |
| 67101 | |
| 67102 | |
| nevertheless not used in business in this state for property tax | 67103 |
| purposes. | 67104 |
| | 67105 |
| qualified out-of-state person shipped from outside this state and | 67106 |
| held in this state in a public warehouse without further | 67107 |
| manufacturing or processing and for temporary storage only and for | 67108 |
| shipment inside this state, but that | 67109 |
| not qualify as "not used in business in this state" under division | 67110 |
| (B)(1) or (2) of
section 5701.08 of the Revised
Code, | 67111 |
| 67112 | |
| 67113 | |
| 67114 |
| | 67115 |
| 67116 | |
| 67117 | |
| 67118 | |
| 67119 | |
| 67120 | |
| 67121 | |
| 67122 | |
| 67123 | |
| 67124 |
| | 67125 |
| 67126 |
| | 67127 |
| 67128 | |
| 67129 | |
| 67130 |
| | 67131 |
| 67132 | |
| 67133 | |
| 67134 | |
| 67135 | |
| used in business in this state for property tax purposes. | 67136 |
| | 67137 |
| (a) "Qualified out-of-state person" means a person that does | 67138 |
| not own, lease, or use property, other than merchandise or an | 67139 |
| agricultural product described in this division, in this state, | 67140 |
| and does not have employees, agents, or representatives in this | 67141 |
| state; | 67142 |
| (b) "Public warehouse" means a warehouse in this state that | 67143 |
| is not subject to the control of or under the supervision of the | 67144 |
| owner of the merchandise or agricultural product stored in it, or | 67145 |
| staffed by the owner's employees, and from which the property is | 67146 |
| to be shipped inside this state. | 67147 |
| (E) Personal property valued pursuant to section 5711.15 of | 67148 |
| the Revised Code and personal property required to be listed on | 67149 |
| the average basis by division (A) of section 5711.16 of the | 67150 |
| Revised
Code, except property described in division
| 67151 |
| this section, business fixtures, and furniture not held for sale | 67152 |
| in the course of
business, shall be listed and assessed at | 67153 |
| 67154 | |
| 67155 |
| | 67156 |
| 67157 | |
| 67158 | |
| 67159 | |
| 67160 | |
| 67161 | |
| 67162 | |
| 67163 |
| | 67164 |
| 67165 | |
| 67166 | |
| 67167 | |
| 67168 | |
| 67169 | |
| 67170 |
| | 67171 |
| 67172 | |
| 67173 | |
| 67174 | |
| 67175 |
| | 67176 |
| 67177 | |
| 67178 | |
| 67179 |
| | 67180 |
| 67181 | |
| 67182 | |
| 67183 | |
| 67184 | |
| twenty-three per cent of its true value in money for tax year 2005 | 67185 |
| and at the percentage of such true value specified in division (G) | 67186 |
| of this section for tax year 2006 and each tax year thereafter. | 67187 |
| (F) All manufacturing equipment as defined in section 5711.16 | 67188 |
| of the Revised Code shall be listed and assessed at the following | 67189 |
| percentage of its true value in money: | 67190 |
| (1) For all such property not previously used in business in | 67191 |
| this state by the owner thereof, or by related member or | 67192 |
| predecessor of the owner, other than as inventory, before January | 67193 |
| 1, 2005, zero per cent of true value; | 67194 |
| (2) For all other such property, at the percentage of true | 67195 |
| value specified in division (G) of this section for tax year 2005 | 67196 |
| and each tax year thereafter. | 67197 |
| | 67198 |
| property used in business that has not been legally regarded as an | 67199 |
| improvement on land and considered in arriving at the value of the | 67200 |
| real property assessed for taxation shall be listed and assessed | 67201 |
| at the | 67202 |
| true value in money: | 67203 |
| (1) For tax year 2005, twenty-five per cent of true value; | 67204 |
| (2) For tax year 2006, eighteen and three-fourths per cent of | 67205 |
| true value; | 67206 |
| (3) For tax year 2007, twelve and one-half per cent of true | 67207 |
| value; | 67208 |
| (4) For tax year 2008, six and one-fourth per cent of true | 67209 |
| value; | 67210 |
| (5) For tax year 2009 and each tax year thereafter, zero per | 67211 |
| cent of true value. | 67212 |
| (H) During and after the tax year in which the assessment | 67213 |
| rate equals zero per cent, the property described in division (E), | 67214 |
| (F), or (G) of this section shall not be listed for taxation. | 67215 |
| (I) Divisions (E), (F), and (G) of this section apply to the | 67216 |
| property of a person described in divisions (E)(3) to (11) of | 67217 |
| section 5751.01 of the Revised Code. Division (I) of this section | 67218 |
| does not prevent the application of the exemption of property from | 67219 |
| taxation under section 5725.25 or 5725.26 of the Revised Code. | 67220 |
| Sec. 5711.28. Whenever the assessor imposes a penalty | 67221 |
| prescribed by section 5711.27 or 5725.17 of the Revised Code, the | 67222 |
| assessor shall send notice of such penalty assessment to the | 67223 |
| taxpayer by mail. If the notice also reflects the assessment of | 67224 |
| any property not listed in or omitted from a return, or the | 67225 |
| assessment of any item or class of taxable property listed in a | 67226 |
| return by the taxpayer in excess of the value or amount thereof as | 67227 |
| so listed, or without allowing a claim duly made for deduction | 67228 |
| from the net book value of accounts receivable, or depreciated | 67229 |
| book value of personal property used in business, so listed, and | 67230 |
| the taxpayer objects to one or more of such corrections in | 67231 |
| addition to the penalty, the taxpayer shall proceed as prescribed | 67232 |
| by section 5711.31 of the Revised Code, but if no such correction | 67233 |
| is reflected in the notice, or if the taxpayer does not object to | 67234 |
| any such correction made, | 67235 |
| prescribed herein. | 67236 |
| Within sixty days after the mailing of the notice of a | 67237 |
| penalty assessment prescribed by this section, the taxpayer may | 67238 |
| file with the tax commissioner, in person or by certified mail, a | 67239 |
| petition for abatement of such penalty assessment. If the petition | 67240 |
| is filed by certified mail, the date of the United States postmark | 67241 |
| placed on the sender's receipt by the postal employee to whom the | 67242 |
| petition is presented shall be treated as the date of filing. The | 67243 |
| petition shall have attached thereto and incorporated therein by | 67244 |
| reference a true copy of the notice of assessment complained of, | 67245 |
| but the failure to attach a copy of such notice and incorporate it | 67246 |
| by reference does not invalidate the petition. The petition shall | 67247 |
| also indicate that the taxpayer's only objection is to the | 67248 |
| assessed penalty and the reason for such objection. | 67249 |
| Upon the filing of a petition for abatement of penalty, the | 67250 |
| commissioner shall notify the treasurer of state or the auditor | 67251 |
| and treasurer of each county having any part of the penalty | 67252 |
| assessment entered on the tax list or duplicate. The commissioner | 67253 |
| shall review the petition without the need for hearing. If it | 67254 |
| appears that the failure of the taxpayer to timely return or list | 67255 |
| as required under this chapter, or to file a complying report and | 67256 |
| pay tax under Chapter 5725. of the Revised Code, whichever the | 67257 |
| case may be, was due to reasonable cause and not willful neglect, | 67258 |
| the commissioner may abate in whole or in part the penalty | 67259 |
| assessment. The commissioner shall transmit a certificate of the | 67260 |
| commissioner's determination to the taxpayer, and if no appeal is | 67261 |
| taken therefrom as provided by law, or upon the final | 67262 |
| determination of an appeal which may be taken, the commissioner | 67263 |
| shall notify the treasurer of state or the proper county auditor | 67264 |
| of such final determination. If the final determination orders | 67265 |
| abatement of the penalty assessment, the notification may be in | 67266 |
| the form of an amended assessment certificate. Upon receipt of the | 67267 |
| notification, the treasurer of state or county auditor shall make | 67268 |
| any corrections to the treasurer's or auditor's records and tax | 67269 |
| lists and duplicates required in accordance therewith and proceed | 67270 |
| as prescribed by section 5711.32 or 5725.22 of the Revised Code. | 67271 |
| The decision of the commissioner shall be final with respect | 67272 |
| to the percentage of penalty, if any, the commissioner finds | 67273 |
|
appropriate | 67274 |
| but neither the commissioner's decision nor a final judgment of | 67275 |
| the board of tax appeals or any court to which such final | 67276 |
| determination may be appealed shall finalize the assessment of | 67277 |
| such property. | 67278 |
| Sec. 5715.01. (A) The tax commissioner shall direct and | 67279 |
| supervise the assessment for taxation of all real property. The | 67280 |
| commissioner shall adopt, prescribe, and promulgate rules for the | 67281 |
| determination of true value and taxable value of real property by | 67282 |
| uniform rule for such values and for the determination of the | 67283 |
| current agricultural use value of land devoted exclusively to | 67284 |
| agricultural use. The uniform rules shall prescribe methods of | 67285 |
| determining the true value and taxable value of real property and | 67286 |
| shall also prescribe the method for determining the current | 67287 |
| agricultural use value of land devoted exclusively to agricultural | 67288 |
| use, which method shall reflect standard and modern appraisal | 67289 |
| techniques | 67290 |
| soil under normal management practices; the average price patterns | 67291 |
| of the crops and products produced to determine the income | 67292 |
| potential to be capitalized; the market value of the land for | 67293 |
| agricultural use; and other pertinent factors. The rules shall | 67294 |
| provide that in determining the true value of lands or | 67295 |
| improvements thereon for tax purposes, all facts and circumstances | 67296 |
| relating to the value of the property, its availability for the | 67297 |
| purposes for which it is constructed or being used, its obsolete | 67298 |
| character, if any, the income capacity of the property, if any, | 67299 |
| and any other factor that tends to prove its true value shall be | 67300 |
| used. | 67301 |
| minerals for the purpose of real property taxation, the tax | 67302 |
| commissioner shall not include in the value of the minerals or | 67303 |
| rights to minerals the value of any tangible personal property | 67304 |
| used in the recovery of those minerals. | 67305 |
| (B) The taxable value shall be that per cent of true value in | 67306 |
| money, or current agricultural use value in the case of land | 67307 |
| valued in accordance with section 5713.31 of the Revised Code, the | 67308 |
| commissioner by rule establishes, but it shall not exceed | 67309 |
| thirty-five per cent. The uniform rules shall also prescribe | 67310 |
| methods of making the appraisals set forth in section 5713.03 of | 67311 |
| the Revised Code. The taxable value of each tract, lot, or parcel | 67312 |
| of real property and improvements thereon, determined in | 67313 |
| accordance with the uniform rules and methods prescribed thereby, | 67314 |
| shall be the taxable value of the tract, lot, or parcel for all | 67315 |
| purposes of sections 5713.01 to 5713.26, 5715.01 to 5715.51, and | 67316 |
| 5717.01 to 5717.06 of the Revised Code. County auditors shall, | 67317 |
| under the direction and supervision of the commissioner, be the | 67318 |
| chief assessing officers of their respective counties, and shall | 67319 |
| list and value the real property within their respective counties | 67320 |
| for taxation in accordance with this section and sections 5713.03 | 67321 |
| and 5713.31 of the Revised Code and with such rules of the | 67322 |
| commissioner. There shall also be a board in each county, known as | 67323 |
| the county board of revision, which shall hear complaints and | 67324 |
| revise assessments of real property for taxation. | 67325 |
| (C) The commissioner shall neither adopt nor enforce any rule | 67326 |
| that requires true value for any tax year to be any value other | 67327 |
| than the true value in money on the tax lien date of such tax year | 67328 |
| or that requires taxable value to be obtained in any way other | 67329 |
| than by reducing the true value, or in the case of land valued in | 67330 |
| accordance with section 5713.31 of the Revised Code, its current | 67331 |
| agricultural use value, by a specified, uniform percentage. | 67332 |
| Sec. 5715.24. (A) The tax commissioner, annually, shall | 67333 |
| determine whether the real property and the various classes | 67334 |
| thereof in the several counties, municipal corporations, and | 67335 |
| taxing districts which have completed a sexennial reappraisal in | 67336 |
| the current year and which will have the new taxable values placed | 67337 |
| on the tax list and duplicate have been assessed as required by | 67338 |
| law, and whether the values set forth in the agricultural land tax | 67339 |
| list in such taxing districts correctly reflect the true and | 67340 |
| agricultural use values of the lands contained therein. The | 67341 |
| determination shall be made prior to the first Monday in August | 67342 |
| unless the commissioner, for good cause, extends the date. If the | 67343 |
| commissioner finds that the real property or any class thereof in | 67344 |
| any such county, municipal corporation, or taxing district, as | 67345 |
| reported to it by the several county auditors of the counties that | 67346 |
| have completed such reappraisal is not listed for taxation or | 67347 |
| recorded on the agricultural land tax list in accordance | 67348 |
| therewith, | 67349 |
| appropriate aggregate value of the real property or any class | 67350 |
| thereof in any such county, township, municipal corporation, | 67351 |
| taxing district, or ward or division of a municipal corporation, | 67352 |
| by a per cent or amount that will cause such property to be | 67353 |
| correctly valued on the agricultural land tax list and to be | 67354 |
| correctly assessed on the tax list at its taxable value so that | 67355 |
| every class of real property shall be listed and valued for | 67356 |
| taxation and valued for purposes of sections 5713.33 to 5713.35 of | 67357 |
| the Revised Code as required by law. In determining whether a | 67358 |
| class of real property has been assessed at its correct taxable | 67359 |
| value and in determining any per cent or amount by which the | 67360 |
| aggregate value of the class from a prior year shall be increased | 67361 |
| or decreased to be correctly assessed, the commissioner shall | 67362 |
| consider only the aggregate values of property that existed in the | 67363 |
| prior year and that is to be taxed in the current year. In | 67364 |
| addition to any other adjustments the commissioner considers | 67365 |
| necessary to comply with this requirement, the value of new | 67366 |
| construction shall not be regarded as an increase in such | 67367 |
| aggregate value from the prior year, and the value of property | 67368 |
| destroyed or demolished since the prior year shall be deducted | 67369 |
| from the aggregate value of that class for the prior year. | 67370 |
| In implementing any increase or decrease in valuation of real | 67371 |
| property ordered by the commissioner pursuant to this section, the | 67372 |
| county auditor shall, when practicable, increase or decrease the | 67373 |
| taxable valuation of parcels in accordance with actual changes in | 67374 |
| valuation of real property which occur in different subdivisions, | 67375 |
| neighborhoods, or among classes of real property in the county. | 67376 |
| (B) Division (A) of this section also applies to a county in | 67377 |
| the third calendar year following the year in which a sexennial | 67378 |
| reappraisal is completed. | 67379 |
| Sec. 5725.01. As used in sections 5725.01 to 5725.26 of the | 67380 |
| Revised Code: | 67381 |
| (A) "Financial institution" means: | 67382 |
| (1) A national bank organized and existing as a national bank | 67383 |
| association pursuant to the "National Bank Act," 12 U.S.C. 21; | 67384 |
| (2) A federal savings association or federal savings bank | 67385 |
| that is chartered under 12 U.S.C. 1464; | 67386 |
| (3) A bank, banking association, trust company, savings and | 67387 |
| loan association, savings bank, or other banking institution that | 67388 |
| is incorporated or organized under the laws of any state; | 67389 |
| (4) Any corporation organized under 12 U.S.C. 611 to 631; | 67390 |
| (5) Any agency or branch of a foreign depository as defined | 67391 |
| in 12 U.S.C. 3101; | 67392 |
| (6) A company licensed as a small business investment company | 67393 |
| under the "Small Business Investment Act of 1958," 72 Stat. 689, | 67394 |
| 15 U.S.C. 66l, as amended; or | 67395 |
| (7) A company chartered under the "Farm Credit Act of 1933," | 67396 |
| 48 Stat. 257, 12 U.S.C. 1131(d), as amended. | 67397 |
| Corporations or institutions organized under the "Federal | 67398 |
| Farm Loan Act" and amendments thereto, insurance companies, and | 67399 |
| credit unions shall not be considered financial institutions or | 67400 |
| dealers in intangibles within the meaning of such sections. | 67401 |
| (B)(1) "Dealer in intangibles" includes every person who | 67402 |
| keeps an office or other place of business in this state and | 67403 |
|
engages at such office or other place in | 67404 |
| consists primarily of lending money, or discounting, buying, or | 67405 |
| selling bills of exchange, drafts, acceptances, notes, mortgages, | 67406 |
| or other evidences of indebtedness, or of buying or selling bonds, | 67407 |
| stocks, or other investment securities, whether on the person's | 67408 |
| own account with a view to profit, or as agent or broker for | 67409 |
| others, with a view to profit or personal earnings. Dealer in | 67410 |
| intangibles excludes institutions used exclusively for charitable | 67411 |
| purposes, insurance
companies, and financial institutions. | 67412 |
| 67413 | |
| 67414 | |
| personal accumulations or as business reserves or working capital | 67415 |
| does not constitute engaging in a business within the meaning of | 67416 |
| this
division | 67417 |
| 67418 | |
| discounting, buying, or selling bills of exchange, drafts, | 67419 |
| acceptances, notes, mortgages, or other evidences of indebtedness | 67420 |
| on the person's own account, remains in business primarily for the | 67421 |
| purpose of realizing upon the assets of | 67422 |
| deemed a dealer in intangibles, though not presently engaged in a | 67423 |
| business that consists primarily of lending money or discounting | 67424 |
| or buying such securities. | 67425 |
| (2) The tax commissioner shall adopt a rule defining | 67426 |
| "primarily" as that term is used in division (B)(1) of this | 67427 |
| section. | 67428 |
| (C) "Insurance company" includes every corporation, | 67429 |
| association, and society engaged in the business of insurance of | 67430 |
| any character, or engaged in the business of entering into | 67431 |
| contracts substantially amounting to insurance of any character, | 67432 |
| or of indemnifying or guaranteeing against loss or damage, or | 67433 |
| acting as surety on bonds or undertakings. "Insurance company" | 67434 |
| also includes any health insuring corporation as defined in | 67435 |
| section 1751.01 of the Revised Code. | 67436 |
| (D) "Domestic insurance company" includes every insurance | 67437 |
| company organized and existing under the laws of this state, and | 67438 |
| every unincorporated association and society formed under the laws | 67439 |
| of this state for the purpose of engaging in said business, except | 67440 |
| a company, association, or society that is an insurance holding | 67441 |
| company affiliate controlled by a nonresident affiliate and has | 67442 |
| risks in this state formerly written by its foreign affiliates in | 67443 |
| a total amount exceeding the risks outstanding on the taxpayer's | 67444 |
| latest annual report that arise from business initially written by | 67445 |
| it in this state; and excludes every foreign insurance company. As | 67446 |
| used in this division, terms defined in section 3901.32 of the | 67447 |
| Revised Code have the same meanings given to them in that section. | 67448 |
| (E) "Foreign insurance company" includes every insurance | 67449 |
| company organized or existing under the laws of any other state, | 67450 |
| territory, country, or the United States and every insurance | 67451 |
| holding company affiliate excepted under division (D) of this | 67452 |
| section. | 67453 |
| Sec. 5725.19. (A) As used in this section, "tax otherwise | 67454 |
| due" means the tax imposed on a domestic insurance company under | 67455 |
| section 5725.18 of the Revised Code reduced by the total amount of | 67456 |
| all other nonrefundable credits, if any, that the domestic | 67457 |
| insurance company is entitled to claim. | 67458 |
| (B) Upon the issuance of a tax credit certificate by the Ohio | 67459 |
| venture capital authority under section 150.07 of the Revised | 67460 |
| Code, a credit may be claimed against the tax imposed on a | 67461 |
| domestic insurance company under section 5725.18 of the Revised | 67462 |
| Code. The credit shall be claimed in the calendar year specified | 67463 |
| in the certificate issued by the authority. | 67464 |
| (C) If the company elected a refundable credit under section | 67465 |
| 150.07 of the Revised Code and if the amount of the credit shown | 67466 |
| on the certificate does not exceed the tax otherwise due, then for | 67467 |
| the calendar year the company shall claim a refundable credit | 67468 |
| equal to the amount of the credit shown on the certificate. | 67469 |
| (D) If the company elected a refundable credit under section | 67470 |
| 150.07 of the Revised Code, and the amount of the credit shown on | 67471 |
| the certificate exceeds the tax otherwise due | 67472 |
| 67473 | |
| company | 67474 |
| 67475 | |
| of the following: | 67476 |
| (1) The amount, if any, of the tax otherwise due; | 67477 |
| (2) Seventy-five per cent of the difference between the | 67478 |
| amount of the refundable credit shown on the certificate and the | 67479 |
| tax otherwise due. | 67480 |
| (E) If the company elected a nonrefundable credit, the amount | 67481 |
| of the credit shown on the certificate shall not exceed the amount | 67482 |
| of tax otherwise due. If the company elected a nonrefundable | 67483 |
| credit and the credit to which the company would otherwise be | 67484 |
| entitled under this section for any calendar year is greater than | 67485 |
| the tax otherwise due | 67486 |
| the excess shall be allowed as a nonrefundable credit in each of | 67487 |
| the ensuing ten calendar years, but the amount of any excess | 67488 |
| credit allowed in the ensuing calendar year shall be deducted from | 67489 |
| the balance carried forward to the next calendar year. | 67490 |
| Sec. 5725.32. A refundable credit granted by the tax credit | 67491 |
| authority under section 122.17 of the Revised Code may be claimed | 67492 |
| against the tax imposed by section 5725.18 of the Revised Code. | 67493 |
| Sec. 5727.01. As used in this chapter: | 67494 |
| (A) "Public utility" means each person referred to as a | 67495 |
| telephone company, telegraph company, electric company, natural | 67496 |
| gas company, pipe-line company, water-works company, water | 67497 |
| transportation company, heating company, rural electric company, | 67498 |
| railroad company, or combined company. | 67499 |
| (B) "Gross receipts" means the entire receipts for business | 67500 |
| done by any person from operations as a public utility, or | 67501 |
| incidental thereto, or in connection therewith, including any | 67502 |
| receipts received under Chapter 4928. of the Revised Code. The | 67503 |
| gross receipts for business done by an incorporated company | 67504 |
| engaged in operation as a public utility includes the entire | 67505 |
| receipts for business done by such company under the exercise of | 67506 |
| its corporate powers, whether from the operation as a public | 67507 |
| utility or from any other business. | 67508 |
| (C) "Rural electric company" means any nonprofit corporation, | 67509 |
| organization, association, or cooperative engaged in the business | 67510 |
| of supplying electricity to its members or persons owning an | 67511 |
| interest therein in an area the major portion of which is rural. | 67512 |
| (D) Any person: | 67513 |
| (1) Is a telegraph company when engaged in the business of | 67514 |
| transmitting telegraphic messages to, from, through, or in this | 67515 |
| state; | 67516 |
| (2) Is a telephone company when primarily engaged in the | 67517 |
| business of providing local exchange telephone service, excluding | 67518 |
| cellular radio service, in this state; | 67519 |
| (3) Is an electric company when engaged in the business of | 67520 |
| generating, transmitting, or distributing electricity within this | 67521 |
| state for use by others, but excludes a rural electric company; | 67522 |
| (4) Is a natural gas company when engaged in the business of | 67523 |
| supplying or distributing natural gas for lighting, power, or | 67524 |
| heating purposes to consumers within this state, excluding a | 67525 |
| person that is a governmental aggregator or retail natural gas | 67526 |
| supplier as defined in section 4929.01 of the Revised Code; | 67527 |
| (5) Is a pipe-line company when engaged in the business of | 67528 |
| transporting natural gas, oil, or coal or its derivatives through | 67529 |
| pipes or tubing, either wholly or partially within this state; | 67530 |
| (6) Is a water-works company when engaged in the business of | 67531 |
| supplying water through pipes or tubing, or in a similar manner, | 67532 |
| to consumers within this state; | 67533 |
| (7) Is a water transportation company when engaged in the | 67534 |
| transportation of passengers or property, by boat or other | 67535 |
| watercraft, over any waterway, whether natural or artificial, from | 67536 |
| one point within this state to another point within this state, or | 67537 |
| between points within this state and points without this state; | 67538 |
| (8) Is a heating company when engaged in the business of | 67539 |
| supplying water, steam, or air through pipes or tubing to | 67540 |
| consumers within this state for heating purposes; | 67541 |
| (9) Is a railroad company when engaged in the business of | 67542 |
| owning or operating a railroad either wholly or partially within | 67543 |
| this state on rights-of-way acquired and held exclusively by such | 67544 |
| company, or otherwise, and includes a passenger, street, suburban, | 67545 |
| or interurban railroad company. | 67546 |
| As used in division (D)(2) of this section, "local exchange | 67547 |
| telephone service" means making available or furnishing access and | 67548 |
| a dial tone to all persons within a local calling area for use in | 67549 |
| originating and receiving voice grade communications over a | 67550 |
| switched network operated by the provider of the service within | 67551 |
| the area and for gaining access to other telecommunication | 67552 |
| services. | 67553 |
| (E) "Taxable property" means the property required by section | 67554 |
| 5727.06 of the Revised Code to be assessed by the tax | 67555 |
| commissioner, but does not include either of the following: | 67556 |
| (1) An item of tangible personal property that for the period | 67557 |
| subsequent to the effective date of an air, water, or noise | 67558 |
| pollution control certificate and continuing so long as the | 67559 |
| certificate is in force, has been certified as part of the | 67560 |
| pollution control facility with respect to which the certificate | 67561 |
| has been issued; | 67562 |
| (2) An item of tangible personal property that during the | 67563 |
| construction of a plant or facility and until the item is first | 67564 |
| capable of operation, whether actually used in operation or not, | 67565 |
| is incorporated in or being held exclusively for incorporation in | 67566 |
| that plant or facility. | 67567 |
| Notwithstanding section 5701.03 of the Revised Code, for tax | 67568 |
| year 2006 and thereafter, "taxable property" includes patterns, | 67569 |
| jigs, dies, and drawings of an electric company or a combined | 67570 |
| company for use in the activity of an electric company. | 67571 |
| (F) "Taxing district" means a municipal corporation of | 67572 |
| township, or part thereof, in which the aggregate rate of taxation | 67573 |
| is uniform. | 67574 |
| (G) "Telecommunications service" has the same meaning as in | 67575 |
| division (AA) of section 5739.01 of the Revised Code. | 67576 |
| (H) "Interexchange telecommunications company" means a person | 67577 |
| that is engaged in the business of transmitting telephonic | 67578 |
| messages to, from, through, or in this state, but that is not a | 67579 |
| telephone company. | 67580 |
| (I) "Sale and leaseback transaction" means a transaction in | 67581 |
| which a public utility or interexchange telecommunications company | 67582 |
| sells any tangible personal property to a person other than a | 67583 |
| public utility or interexchange telecommunications company and | 67584 |
| leases that property back from the buyer. | 67585 |
| (J) "Production equipment" means all taxable steam, nuclear, | 67586 |
| hydraulic, and other production plant equipment used to generate | 67587 |
| electricity. For tax years prior to 2001, "production equipment" | 67588 |
| includes taxable station equipment that is located at a production | 67589 |
| plant. | 67590 |
| (K) "Tax year" means the year for which property or gross | 67591 |
| receipts are subject to assessment under this chapter. This | 67592 |
| division does not limit the tax commissioner's ability to assess | 67593 |
| and value property or gross receipts outside the tax year. | 67594 |
| (L) "Combined company" means any person engaged in the | 67595 |
| activity of an electric company or rural electric company that is | 67596 |
| also engaged in the activity of a heating company or a natural gas | 67597 |
| company, or any combination thereof. | 67598 |
| (M) "Public utility property lessor" means any, other than a | 67599 |
| public utility or an interexchange telecommunications company, | 67600 |
| that leases personal property, other than in a sale and leaseback | 67601 |
| transaction, to a public utility, other than a railroad or water | 67602 |
| transportation company, or to an interexchange telecommunications | 67603 |
| company, if the property would be taxable property if owned by the | 67604 |
| public utility or interexchange telecommunications company. A | 67605 |
| public utility property lessor is subject to this chapter only for | 67606 |
| the purposes of reporting and paying tax on taxable property it | 67607 |
| leases to a public utility or interexchange telecommunications | 67608 |
| company. A public utility property lessor that leases property to | 67609 |
| a public utility or an interexchange telecommunications company is | 67610 |
| not a public utility or interexchange telecommunications company, | 67611 |
| but it shall report its property and be assessed in the same | 67612 |
| manner as the utility or company to which it leases the property. | 67613 |
| Sec. 5727.02. As used in this chapter, "public utility," | 67614 |
| "electric company," "natural gas company," "pipe-line company," | 67615 |
| "water-works company," "water transportation company" or "heating | 67616 |
| company" does not include any of the following: | 67617 |
| (A) | 67618 |
| section, any person that is engaged in some other primary business | 67619 |
| to which the supplying of electricity, heat, natural gas, water, | 67620 |
| water transportation, steam, or air to others is incidental. As | 67621 |
| used in | 67622 |
| of the Revised Code, "supplying of electricity" means generating, | 67623 |
| transmitting, or distributing electricity. | 67624 |
| (2) For tax year 2006 and each tax year thereafter, a person | 67625 |
| that is engaged in some other primary business to which the | 67626 |
| supplying of electricity to others is incidental shall be treated | 67627 |
| as an "electric company" and a "public utility" for purposes of | 67628 |
| this chapter solely to the extent required by section 5727.031 of | 67629 |
| the Revised Code. | 67630 |
| (B) Any person that supplies electricity, natural gas, water, | 67631 |
| water transportation, steam, or air to its tenants, whether for a | 67632 |
| separate charge or otherwise; | 67633 |
| (C) Any person whose primary business in this state consists | 67634 |
| of producing, refining, or marketing petroleum or its products. | 67635 |
| (D) Any person whose primary business in this state consists | 67636 |
| of producing or gathering natural gas rather than supplying or | 67637 |
| distributing natural gas to consumers. | 67638 |
| Sec. 5727.031. (A) For tax year 2006 and each tax year | 67639 |
| thereafter, a person that is engaged in some other primary | 67640 |
| business to which the supplying of electricity to others is | 67641 |
| incidental shall file a report under section 5727.08 of the | 67642 |
| Revised Code as an electric company but shall only report therein | 67643 |
| as taxable property the amounts required in divisions (B) and (C) | 67644 |
| of this section. All time limits and other procedural requirements | 67645 |
| of this chapter for the reporting and assessment of property of | 67646 |
| electric companies apply to persons required to file a report | 67647 |
| under this section. | 67648 |
| (B) A person subject to this section shall report the true | 67649 |
| value of the boilers, machinery, equipment, and any personal | 67650 |
| property used to supply electricity to others, which shall be the | 67651 |
| sum of the following: | 67652 |
| (1) The true value of the property that is production | 67653 |
| equipment as it would be determined for an electric company under | 67654 |
| section 5727.11 of the Revised Code multiplied by the per cent of | 67655 |
| the electricity generated in the preceding calendar year that was | 67656 |
| not used by the person who generated it; plus | 67657 |
| (2) The true value of the property that is not production | 67658 |
| equipment as it would be determined for an electric company under | 67659 |
| section 5727.11 of the Revised Code multiplied by the per cent of | 67660 |
| the electricity generated in the preceding calendar year that was | 67661 |
| not used by the person who generated it. | 67662 |
| (C) The property reported under division (B) of this section | 67663 |
| shall be listed and assessed at an amount equal to the sum of the | 67664 |
| products determined under divisions (C)(1) and (2) of this | 67665 |
| section. | 67666 |
| (1) Multiply the portion of the true value determined under | 67667 |
| division (B)(1) of this section by the assessment rate in section | 67668 |
| 5727.111 of the Revised Code that is applicable to the production | 67669 |
| equipment of an electric company; | 67670 |
| (2) Multiply the portion of the true value determined under | 67671 |
| division (B)(2) of this section by the assessment rate in section | 67672 |
| 5727.111 of the Revised Code that is applicable to the property of | 67673 |
| an electric company that is not production equipment. | 67674 |
| Sec. 5727.06. (A) Except as otherwise provided by law, the | 67675 |
| following constitutes the taxable property of a public
utility | 67676 |
| interexchange telecommunications company, or public utility | 67677 |
| property lessor that shall be assessed by the tax commissioner: | 67678 |
| (1) For tax years before tax year 2006: | 67679 |
| (a) In the case of a railroad company, all real property and | 67680 |
| tangible personal property owned or operated by the railroad | 67681 |
| company in this state on the thirty-first day of December of the | 67682 |
| preceding year; | 67683 |
| | 67684 |
| tangible personal property, except watercraft, owned or operated | 67685 |
| by the water transportation company in this state on the | 67686 |
| thirty-first day of December of the preceding year and all | 67687 |
| watercraft owned or operated by the water transportation company | 67688 |
| in this state during the preceding calendar year; | 67689 |
| | 67690 |
| interexchange telecommunications companies, all tangible personal | 67691 |
| property that on the thirty-first day of December of the preceding | 67692 |
| year was both located in this state and: | 67693 |
| | 67694 |
| telecommunications company; or | 67695 |
| | 67696 |
| telecommunications company under a sale and leaseback transaction. | 67697 |
| (2) For tax years 2006, 2007, and 2008: | 67698 |
| (a) In the case of a railroad company, all real property and | 67699 |
| tangible personal property owned, or operated by the railroad | 67700 |
| company in this state on the thirty-first day of December of the | 67701 |
| preceding year; | 67702 |
| (b) In the case of a water transportation company, all | 67703 |
| tangible personal property, except watercraft, owned, or operated | 67704 |
| by the water transportation company in this state on the | 67705 |
| thirty-first day of December of the preceding year and all | 67706 |
| watercraft owned, or operated by the water transportation company | 67707 |
| in this state during the preceding calendar year; | 67708 |
| (c) In the case of all other public utilities and | 67709 |
| interexchange telecommunications companies, all tangible personal | 67710 |
| property that on the thirty-first day of December of the preceding | 67711 |
| year was both located in this state and either owned by the public | 67712 |
| utility or interexchange telecommunications company or leased by | 67713 |
| the public utility or interexchange telecommunications company | 67714 |
| under a sale and leaseback transaction. | 67715 |
| (3) For tax year 2009 and each tax year thereafter: | 67716 |
| (a) In the case of a railroad company, all real property used | 67717 |
| in railroad operations and tangible personal property owned or | 67718 |
| operated by the railroad company in this state on the thirty-first | 67719 |
| day of December of the preceding year; | 67720 |
| (b) In the case of a water transportation company, all | 67721 |
| tangible personal property, except watercraft, owned or operated | 67722 |
| by the water transportation company in this state on the | 67723 |
| thirty-first day of December of the preceding year and all | 67724 |
| watercraft owned or operated by the water transportation company | 67725 |
| in this state during the preceding calendar year; | 67726 |
| (c) In the case of all other public utilities and | 67727 |
| interexchange telecommunications companies, all tangible personal | 67728 |
| property that on the thirty-first day of December of the preceding | 67729 |
| year was both located in this state and either owned by the public | 67730 |
| utility or interexchange telecommunications company or leased by | 67731 |
| the public utility or interexchange telecommunications company | 67732 |
| under a sale and leaseback transaction; | 67733 |
| (d) In the case of a public utility property lessor, all | 67734 |
| personal property that on the thirty-first day of December of the | 67735 |
| preceding year was both located in this state and leased, in other | 67736 |
| than a sale and leaseback transaction, to an interexchange | 67737 |
| telecommunications company or a public utility other than a | 67738 |
| railroad company or water transportation company. The assessment | 67739 |
| rate used under section 5727.111 of the Revised Code shall be | 67740 |
| based on the assessment rate that would apply if the interexchange | 67741 |
| telecommunications company or public utility owned the property. | 67742 |
| (B) In the case of an interexchange telecommunications | 67743 |
| company, all taxable property shall be subject to the provisions | 67744 |
| of this chapter and shall be valued by the commissioner in | 67745 |
| accordance with division (A) of section 5727.11 of the Revised | 67746 |
| Code. A person described by this division shall file the report | 67747 |
| required by section 5727.08 of the Revised Code. Persons described | 67748 |
| in this division shall not be considered taxpayers, as defined in | 67749 |
| division (B) of section 5711.01 of the Revised Code, and shall not | 67750 |
| be required to file a return and list their taxable property under | 67751 |
| any provision of Chapter 5711. of the Revised Code. | 67752 |
| (C) The lien of the state for taxes levied each year on the | 67753 |
| real and personal property of public utilities and interexchange | 67754 |
| telecommunications companies and on the personal property of | 67755 |
| public utility property lessors shall attach thereto on the | 67756 |
| thirty-first day of December of the preceding year. | 67757 |
| (D) Property that is required by division (A)(3)(b) of this | 67758 |
| section to be assessed by the tax commissioner under this chapter | 67759 |
| shall not be listed by the owner of the property under Chapter | 67760 |
| 5711. of the Revised Code. | 67761 |
| (E) The tax commissioner may adopt rules governing the | 67762 |
| listing of the taxable property of public utilities and | 67763 |
| interexchange telecommunications companies and the determination | 67764 |
| of true value. | 67765 |
| Sec. 5727.08. On or before the first day of March, annually, | 67766 |
| each public utility and interexchange telecommunications company, | 67767 |
| and, for tax years 2009 and thereafter, each public utility | 67768 |
| property lessor, shall file a report with the tax commissioner, on | 67769 |
| a form prescribed by the tax commissioner. The report shall | 67770 |
| include such information as the tax commissioner requires to | 67771 |
| enable the tax commissioner to make any assessment or | 67772 |
| apportionment required under this chapter. | 67773 |
| The report shall be signed by either the owner of the public | 67774 |
| utility interexchange telecommunications company, or public | 67775 |
| utility property lessor or the president, secretary, treasurer, or | 67776 |
| another duly authorized person. | 67777 |
| If such a public utility company, or lessor fails to file the | 67778 |
| report on or before the first day of March, or the date it is due | 67779 |
| under an extension allowed pursuant to section 5727.48 of the | 67780 |
| Revised Code, or fails to accurately report all taxable property, | 67781 |
| the tax commissioner may impose a penalty of up to fifty per cent | 67782 |
| of the taxable value of the property that was not timely or | 67783 |
| accurately
reported. However, if | 67784 |
| company, or lessor files, within sixty days after the first day of | 67785 |
| March or the extended due date, the report or an amended report | 67786 |
| and discloses all items of taxable property that are required by | 67787 |
| this chapter to be reported, the penalty shall not be more than | 67788 |
| five per cent of the taxable value that was not timely or | 67789 |
| accurately reported. The penalty shall be added to and considered | 67790 |
| a part of the total taxable value of the property that was not | 67791 |
| timely or accurately reported, and may be abated in whole or in | 67792 |
| part by the tax commissioner pursuant to a petition for | 67793 |
| reassessment filed under section 5727.47 of the Revised Code. | 67794 |
| Sec. 5727.10. Annually, the tax commissioner shall | 67795 |
| determine, in accordance with section 5727.11 of the Revised Code, | 67796 |
| the true value in money of all taxable property, except property | 67797 |
| of a railroad company, required by
| 67798 |
| section 5727.06 of the Revised Code to be assessed by the | 67799 |
| commissioner. The commissioner also shall determine the total | 67800 |
| taxable value of such property based on the percentages of true | 67801 |
| value at which the property is required to be assessed by section | 67802 |
| 5727.111 of the Revised Code. | 67803 |
| The commissioner shall be guided by the information contained | 67804 |
| in the report filed by the public utility and such other evidence | 67805 |
| and rules as will enable | 67806 |
| determinations. | 67807 |
| Before issuing the preliminary assessment under section | 67808 |
| 5727.23 of the Revised Code, the commissioner shall notify each | 67809 |
| public utility of the proposed total taxable value of its taxable | 67810 |
| property, including any proposed penalty. After receiving such | 67811 |
| notice, a public utility may, upon written application, within the | 67812 |
| time prescribed by the commissioner, appear before | 67813 |
| commissioner and be heard in the matter of the proposal. The | 67814 |
| commissioner may, on the application of a public utility, or on | 67815 |
| 67816 |
| Sec. 5727.11. (A) Except as otherwise provided in this | 67817 |
| section, the true value of all taxable property, except property | 67818 |
| of a railroad company, required
by
| 67819 |
| section 5727.06 of the Revised Code to be assessed by the tax | 67820 |
| commissioner shall be determined by a method of valuation using | 67821 |
| cost as capitalized on the public utility's books and records less | 67822 |
| composite annual allowances as prescribed by the commissioner. If | 67823 |
| the commissioner finds that application of this method will not | 67824 |
| result in the determination of true value of the public utility's | 67825 |
| taxable property, the commissioner may use another method of | 67826 |
| valuation. | 67827 |
| (B)(1) Except as provided in division (B)(2) of this section, | 67828 |
| the true value of current gas stored underground is the cost of | 67829 |
| that gas shown on the books and records of the public utility on | 67830 |
| the thirty-first day of December of the preceding year. | 67831 |
| (2) For tax year 2001 and thereafter, the true value of | 67832 |
| current gas stored underground is the quotient obtained by | 67833 |
| dividing (a) the average value of the current gas stored | 67834 |
| underground, which shall be determined by adding the value of the | 67835 |
| gas on hand at the end of each calendar month in the calendar year | 67836 |
| preceding the tax year, or, if applicable, the last day of | 67837 |
| business of each month for a partial month, divided by (b) the | 67838 |
| total number of months the natural gas company was in business | 67839 |
| during the calendar year prior to the beginning of the tax year. | 67840 |
| with the approval of the tax commissioner, a natural gas company | 67841 |
| may use a date other than the end of a calendar month to value its | 67842 |
| current gas stored underground. | 67843 |
| (C) The true value of noncurrent gas stored underground is | 67844 |
| thirty-five per cent of the cost of that gas shown on the books | 67845 |
| and records of the public utility on the thirty-first day of | 67846 |
| December of the preceding year. | 67847 |
| (D)(1) Except as provided in division (D)(2) of this section, | 67848 |
| the true value of the production equipment of an electric company | 67849 |
| and the true value of all taxable property of a rural electric | 67850 |
| company is the equipment's or property's cost as capitalized on | 67851 |
| the company's books and records less fifty per cent of that cost | 67852 |
| as an allowance for depreciation and obsolescence. | 67853 |
| (2) The true value of the production equipment of an electric | 67854 |
| company or rural electric company purchased, transferred, or | 67855 |
| placed into service after the effective date of this amendment is | 67856 |
| the purchase price of the equipment as capitalized on the | 67857 |
| company's books and records less composite annual allowances as | 67858 |
| prescribed by the tax commissioner. | 67859 |
| (E) The true value of taxable property | 67860 |
| 67861 | |
| by section 5727.06 of the Revised Code to be assessed by the tax | 67862 |
| commissioner shall not include the allowance for funds used during | 67863 |
| construction or interest during construction that has been | 67864 |
| capitalized on the public utility's books and records as part of | 67865 |
| the total cost of the taxable property. This division shall not | 67866 |
| apply to the taxable property of an electric company or a rural | 67867 |
| electric company, excluding transmission and distribution | 67868 |
| property, first placed into service after December 31, 2000, or to | 67869 |
| the taxable property a person purchases, which includes transfers, | 67870 |
| if that property was used in business by the seller prior to the | 67871 |
| purchase. | 67872 |
| (F) The true value of watercraft owned or operated by a water | 67873 |
| transportation company shall be determined by multiplying the true | 67874 |
| value of the watercraft as determined under division (A) of this | 67875 |
| section by a fraction, the numerator of which is the number of | 67876 |
| revenue-earning miles traveled by the watercraft in the waters of | 67877 |
| this state and the denominator of which is the number of | 67878 |
| revenue-earning miles traveled by the watercraft in all waters. | 67879 |
| (G) The cost of property subject to a sale and leaseback | 67880 |
| transaction is the cost of the property as capitalized on the | 67881 |
| books and records of the public utility owning the property | 67882 |
| immediately prior to the sale and leaseback transaction. | 67883 |
| (H) The cost as capitalized on the books and records of a | 67884 |
| public utility includes amounts capitalized that represent | 67885 |
| regulatory assets, if such amounts previously were included on the | 67886 |
| company's books and records as capitalized costs of taxable | 67887 |
| personal property. | 67888 |
| (I) Any change in the composite annual allowances as | 67889 |
| prescribed by the commissioner on a prospective basis shall not be | 67890 |
| admissible in any judicial or administrative action or proceeding | 67891 |
| as evidence of value with regard to prior years' taxes. | 67892 |
| Information about the business, property, or transactions of any | 67893 |
| taxpayer obtained by the commissioner for the purpose of adopting | 67894 |
| or modifying the composite annual allowances shall not be subject | 67895 |
| to discovery or disclosure. | 67896 |
| Sec. 5727.111. The taxable property of each public utility, | 67897 |
| except a railroad company, and of each interexchange | 67898 |
| telecommunications company shall be assessed at the following | 67899 |
| percentages of true value: | 67900 |
| (A) | 67901 |
| 67902 |
| | 67903 |
| the case of the taxable transmission and distribution property of | 67904 |
| a rural electric company, and twenty-five per cent for all its | 67905 |
| other taxable property; | 67906 |
| (B) In the case of a telephone or telegraph company, | 67907 |
| twenty-five per cent for taxable property first subject to | 67908 |
| taxation in this state for tax year 1995 or thereafter, and the | 67909 |
| following for all other taxable property: | 67910 |
| (1) For tax years prior to 2005, eighty-eight per cent; | 67911 |
| (2) For tax year 2005, sixty-seven per cent; | 67912 |
| (3) For tax year 2006, forty-six per cent; | 67913 |
| (4) For tax year 2007 and thereafter, twenty-five per cent. | 67914 |
| (C) Twenty-five per cent in the case of a natural gas | 67915 |
| company. | 67916 |
| (D) Eighty-eight per cent in the case of a pipe-line, | 67917 |
| water-works, or heating company; | 67918 |
| (E)(1) | 67919 |
| 67920 | |
| 67921 | |
| 67922 |
| | 67923 |
| cent in the case of the taxable transmission and distribution | 67924 |
| property of an electric company, and twenty-five per cent for all | 67925 |
| its other taxable property; | 67926 |
| | 67927 |
| 67928 | |
| 67929 | |
| 67930 | |
| 2006 and each tax year thereafter, eighty-five per cent in the | 67931 |
| case of the taxable transmission and distribution property of an | 67932 |
| electric company, and twenty-four per cent for all
| 67933 |
| taxable property | 67934 |
| (F) Twenty-five per cent in the case of an interexchange | 67935 |
| telecommunications company; | 67936 |
| (G) Twenty-five per cent in the case of a water | 67937 |
| transportation company. | 67938 |
| Sec. 5727.12. As used in this chapter, "property used in | 67939 |
| railroad operations" means property used in or determined by the | 67940 |
| tax commissioner to be held by a railroad for use in railroad | 67941 |
| operations. In determining the true value of all real and personal | 67942 |
| property owned or leased by each railroad company and used in | 67943 |
| railroad operations, the commissioner shall use the unitary method | 67944 |
| and value all of the property of the company's railroad system as | 67945 |
| a whole, considering the factors generally used in that method, | 67946 |
| and weighing each factor appropriately. The true value of the | 67947 |
| property used in railroad operations shall be apportioned to this | 67948 |
| state as provided in section 5727.14 of the Revised Code. The | 67949 |
| commissioner shall separately determine the true value of property | 67950 |
| owned by the company that the commissioner determines is not used | 67951 |
| in railroad operations. The commissioner may require the advice of | 67952 |
| county auditors concerning such values. | 67953 |
| All property of a railroad shall be assessed for taxation at | 67954 |
| the same percentage of true value at which all other real property | 67955 |
| in this state is assessed, in the case of real property, and at | 67956 |
| the percentage of true value provided under divisions (E) | 67957 |
| (F), and (G) of section 5711.22 of the Revised Code, in the case | 67958 |
| of personal property. | 67959 |
| A determination of the value of each tract, lot, or parcel of | 67960 |
| real property or each item of personal property not used in | 67961 |
| railroad operations shall be considered a separate determination | 67962 |
| with respect to which a separate petition for reassessment may be | 67963 |
| filed under section 5727.47 of the Revised Code. | 67964 |
| Where a line of railroad is subsidized under the terms of the | 67965 |
| federal regional rail reorganization act or the federal rail | 67966 |
| revitalization and regulatory reform act, the real and other fixed | 67967 |
| property shall be assessed solely in the name of its owner. | 67968 |
| Sec. 5727.23. On or before the first Monday in October, | 67969 |
| annually, the tax commissioner shall assess the taxable property | 67970 |
|
of each public utility | 67971 |
| company, and for tax year 2009 and thereafter of each public | 67972 |
| utility property lessor. If the taxpayer failed to file its annual | 67973 |
| report required by section 5727.08 of the Revised Code at least | 67974 |
| sixty days prior to such date, the commissioner may make the | 67975 |
| assessment under this section within sixty days after the taxpayer | 67976 |
| files the report, but this does not preclude the commissioner from | 67977 |
| making an assessment without receiving the report. | 67978 |
| The action of the tax commissioner shall be evidenced by a | 67979 |
| preliminary assessment that reflects the taxable value apportioned | 67980 |
| to each county and each taxing district in the county. The | 67981 |
| commissioner may amend the preliminary assessment as provided in | 67982 |
| this section. Each preliminary assessment and amended preliminary | 67983 |
| assessment shall be certified to the public utility, interexchange | 67984 |
| telecommunications company, or public utility property lessor, and | 67985 |
| to, the auditor of each county to which taxable value has been | 67986 |
| apportioned. | 67987 |
| The county auditor shall place the apportioned taxable value | 67988 |
| on the general tax list and duplicate of real and public utility | 67989 |
| property, and taxes shall be levied and collected thereon at the | 67990 |
| same rates and in the same manner as taxes are levied and | 67991 |
| collected on real property in the taxing district in question. | 67992 |
| Unless a petition for reassessment of an assessment has been | 67993 |
| properly filed pursuant to section 5727.47 of the Revised Code, | 67994 |
| each preliminary assessment and, if amended, each preliminary | 67995 |
| assessment as last amended shall become final ninety days after | 67996 |
| certification of the preliminary assessment or thirty days after | 67997 |
| certification of the amended preliminary assessment, whichever is | 67998 |
| later. If a petition for reassessment is properly filed, the | 67999 |
| assessment shall become final when the tax commissioner issues a | 68000 |
| final determination. | 68001 |
| Neither the certification of any preliminary or amended | 68002 |
| assessment nor the expiration of the period of time that makes any | 68003 |
| assessment final constitutes a final determination, assessment, | 68004 |
| reassessment, valuation, finding, computation, or order of the | 68005 |
| commissioner that is appealable under section 5717.02 of the | 68006 |
| Revised Code. | 68007 |
| Sec. 5727.241. (A) As used in this section: | 68008 |
| (1) "Tax otherwise due" means the tax imposed on a taxpayer | 68009 |
| under section 5727.24 of the Revised Code reduced by the total | 68010 |
| amount of all other nonrefundable credits, if any, that the | 68011 |
| taxpayer is entitled to claim. | 68012 |
| (2) "Taxpayer" means any person subject to the tax imposed by | 68013 |
| section 5727.24 of the Revised Code. | 68014 |
| (B) Upon the issuance of a tax credit certificate by the Ohio | 68015 |
| venture capital authority under section 150.07 of the Revised | 68016 |
| Code, a credit may be claimed against the tax imposed on a | 68017 |
| taxpayer under section 5727.24 of the Revised Code. The credit | 68018 |
| shall be claimed on a return due under section 5727.25 of the | 68019 |
| Revised Code after the certificate is issued by the authority. | 68020 |
| (C) If the taxpayer elected a refundable credit under section | 68021 |
| 150.07 of the Revised Code and if the amount of the credit shown | 68022 |
| on the certificate does not exceed the tax otherwise due, then for | 68023 |
| the calendar year the taxpayer shall claim a refundable credit | 68024 |
| equal to the amount of the credit shown on the certificate. | 68025 |
| (D) If the taxpayer elected a refundable credit under section | 68026 |
| 150.07 of the Revised Code, and if the amount of the refundable | 68027 |
| credit shown on the certificate exceeds the tax otherwise due, | 68028 |
| then for the calendar year the taxpayer shall claim a refundable | 68029 |
| credit equal to the sum of the following: | 68030 |
| (1) The amount, if any, of the tax otherwise due; | 68031 |
| (2) Seventy-five per cent of the difference between the | 68032 |
| amount of the refundable credit shown on the certificate and the | 68033 |
| tax otherwise due. | 68034 |
| (E) If the taxpayer elected a nonrefundable credit under | 68035 |
| section 150.07 of the Revised Code and if the nonrefundable credit | 68036 |
| to which the taxpayer would otherwise be entitled under this | 68037 |
| section for any calendar year is greater than the tax otherwise | 68038 |
| due, the excess shall be allowed as a nonrefundable credit in each | 68039 |
| of the ensuing ten calendar years, but the amount of any excess | 68040 |
| nonrefundable credit allowed in the ensuing calendar year shall be | 68041 |
| deducted from the balance carried forward to the next calendar | 68042 |
| year. | 68043 |
| Sec. 5727.47. (A) Notice of each assessment certified | 68044 |
| pursuant to section 5727.23 or 5727.38 of the Revised Code shall | 68045 |
| be mailed to the public utility, and its mailing shall be | 68046 |
| prima-facie evidence of its receipt by the public utility to which | 68047 |
| it is addressed. With the notice, the tax commissioner shall | 68048 |
| provide instructions on how to petition for reassessment and | 68049 |
| request a hearing on the petition. If a public utility objects to | 68050 |
| any assessment certified to it pursuant to such sections, it may | 68051 |
| file with the commissioner, either personally or by certified | 68052 |
| mail, within sixty days after the mailing of the notice of | 68053 |
| assessment a written petition for reassessment signed by the | 68054 |
| utility's authorized agent having knowledge of the facts. If the | 68055 |
| petition is filed by certified mail, the date of the United States | 68056 |
| postmark placed on the sender's receipt by the postal employee to | 68057 |
| whom the petition is presented shall be treated as the date of | 68058 |
| filing. The petition shall indicate the utility's objections, but | 68059 |
| additional objections may be raised in writing if received by the | 68060 |
| commissioner prior to the date shown on the final determination. | 68061 |
| In the case of a petition seeking a reduction in taxable | 68062 |
| value filed with respect to an assessment issued under section | 68063 |
| 5727.23 of the Revised Code, the petitioner shall state in the | 68064 |
| petition the total amount of reduction in taxable value sought by | 68065 |
| the petitioner. If the petitioner objects to the percentage of | 68066 |
| true value at which taxable property is assessed by the | 68067 |
| commissioner, the petitioner shall state in the petition the total | 68068 |
| amount of reduction in taxable value sought both with and without | 68069 |
| regard to the objection pertaining to the percentage of true value | 68070 |
| at which its taxable property is assessed. If a petitioner objects | 68071 |
| to the commissioner's apportionment of the taxable value of the | 68072 |
| petitioner's taxable property, the petitioner shall distinctly | 68073 |
| state in the petition that the petitioner objects to the | 68074 |
| commissioner's apportionment, and, within forty-five days after | 68075 |
| filing the petition for reassessment, shall submit the | 68076 |
| petitioner's proposed apportionment of the taxable value of its | 68077 |
| taxable property among taxing districts. If a petitioner that | 68078 |
| objects to the commissioner's apportionment fails to state its | 68079 |
| objections to that apportionment in its petition for reassessment | 68080 |
| or fails to submit its proposed apportionment within forty-five | 68081 |
| days after filing the petition for reassessment, the commissioner | 68082 |
| shall dismiss the petitioner's objection to the commissioner's | 68083 |
| apportionment, and the taxable value of the petitioner's taxable | 68084 |
| property, subject to any adjustment to taxable value pursuant to | 68085 |
| the petition or appeal, shall be apportioned in the manner used by | 68086 |
| the commissioner in the preliminary or amended preliminary | 68087 |
| assessment issued under section 5727.23 of the Revised Code. | 68088 |
| If an additional objection seeking a reduction in taxable | 68089 |
| value in excess of the reduction stated in the original petition | 68090 |
| is properly and timely raised with respect to an assessment issued | 68091 |
| under section 5727.23 of the Revised Code, the petitioner shall | 68092 |
| state the total amount of the reduction in taxable value sought in | 68093 |
| the additional objection both with and without regard to any | 68094 |
| reduction in taxable value pertaining to the percentage of true | 68095 |
| value at which taxable property is assessed. If a petitioner fails | 68096 |
| to state the reduction in taxable value sought in the original | 68097 |
| petition or in additional objections properly raised after the | 68098 |
| petition is filed, the commissioner shall notify the petitioner of | 68099 |
| the failure by certified mail. If the petitioner fails to notify | 68100 |
| the commissioner in writing of the reduction in taxable value | 68101 |
| sought in the petition or in an additional objection within thirty | 68102 |
| days after receiving the commissioner's notice, the commissioner | 68103 |
| shall dismiss the petition or the additional objection in which | 68104 |
| that reduction is sought. | 68105 |
| (B)(1) Subject to divisions (B)(2) and (3) of this section, a | 68106 |
| public utility filing a petition for reassessment regarding an | 68107 |
| assessment issued under section 5727.23 or 5727.38 of the Revised | 68108 |
| Code shall pay the tax with respect to the assessment objected to | 68109 |
| as required by law. The acceptance of any tax payment by the | 68110 |
| treasurer of state or any county treasurer shall not prejudice any | 68111 |
| claim for taxes on final determination by the commissioner or | 68112 |
| final decision by the board of tax appeals or any court. | 68113 |
| (2) If a public utility properly and timely files a petition | 68114 |
| for reassessment regarding an assessment issued under section | 68115 |
| 5727.23 of the Revised Code, the petitioner shall pay the tax as | 68116 |
| prescribed by divisions (B)(2)(a), (b), and (c) of this section: | 68117 |
| (a) If the petitioner does not object to the commissioner's | 68118 |
| apportionment of the taxable value of the petitioner's taxable | 68119 |
| property, the petitioner is not required to pay the part of the | 68120 |
| tax otherwise due on the taxable value that the petitioner seeks | 68121 |
| to have reduced, subject to division (B)(2)(c) of this section. | 68122 |
| (b) If the petitioner objects to the commissioner's | 68123 |
| apportionment of the taxable value of the petitioner's taxable | 68124 |
| property, the petitioner is not required to pay the tax otherwise | 68125 |
| due on the part of the taxable value apportioned to any taxing | 68126 |
| district that the petitioner objects to, subject to division | 68127 |
| (B)(2)(c) of this section. If, pursuant to division (A) of this | 68128 |
| section, the petitioner has, in a proper and timely manner, | 68129 |
| apportioned taxable value to a taxing district to which the | 68130 |
| commissioner did not apportion the petitioner's taxable value, the | 68131 |
| petitioner shall pay the tax due on the taxable value that the | 68132 |
| petitioner has apportioned to the taxing district, subject to | 68133 |
| division (B)(2)(c) of this section. | 68134 |
| (c) If a petitioner objects to the percentage of true value | 68135 |
| at which taxable property is assessed by the commissioner, the | 68136 |
| petitioner shall pay the tax due on the basis of the percentage of | 68137 |
| true value at which the public utility's taxable property is | 68138 |
| assessed by the commissioner. In any case, the petitioner's | 68139 |
| payment of tax shall not be less than the amount of tax due based | 68140 |
| on the taxable value reflected on the last appeal notice issued by | 68141 |
| the commissioner under division (C) of this section. Until the | 68142 |
| county auditor receives notification under division (E) of this | 68143 |
| section and proceeds under section 5727.471 of the Revised Code to | 68144 |
| issue any refund that is found to be due, the county auditor shall | 68145 |
| not issue a refund for any increase in the reduction in taxable | 68146 |
| value that is sought by a petitioner later than forty-five days | 68147 |
| after the petitioner files the original petition as required under | 68148 |
| division (A) of this section. | 68149 |
| (3) Any part of the tax that, under division (B)(2)(a) or (b) | 68150 |
| of this section, is not paid shall be collected upon receipt of | 68151 |
| the notification as provided in section 5727.471 of the Revised | 68152 |
| Code with interest thereon computed in the same manner as interest | 68153 |
| is computed under division (E) of section 5715.19 of the Revised | 68154 |
| Code, subject to any correction of the assessment by the | 68155 |
| commissioner under division (E) of this section or the final | 68156 |
| judgment of the board of tax appeals or a court to which the | 68157 |
| board's final judgment is appealed. The penalty imposed under | 68158 |
| section 323.121 of the Revised Code shall apply only to the unpaid | 68159 |
| portion of the tax if the petitioner's tax payment is less than | 68160 |
| the amount of tax due based on the taxable value reflected on the | 68161 |
| last appeal notice issued by the commissioner under division (C) | 68162 |
| of this section. | 68163 |
| (4) For purposes of divisions (B)(1) and (B)(2)(a) and (b) of | 68164 |
| this section, the petitioner shall make a binding election along | 68165 |
| with the petition for reassessment either to pay the full amount | 68166 |
| of the taxes based on the taxable value shown on the preliminary | 68167 |
| assessment or amended preliminary assessment issued under section | 68168 |
| 5727.23 of the Revised Code, or to pay an amount of taxes based on | 68169 |
| the reduced value or apportioned value shown on the appeal notice | 68170 |
| issued under division (C) of this section, subject to division | 68171 |
| (B)(2)(c) of this section. | 68172 |
| (C) Upon receipt of a properly filed petition for | 68173 |
| reassessment, the tax commissioner shall notify the treasurer of | 68174 |
| state or the auditor of each county to which the assessment | 68175 |
| objected to has been certified. In the case of a petition with | 68176 |
| respect to an assessment issued under section 5727.23 of the | 68177 |
| Revised Code, the commissioner shall issue an appeal notice within | 68178 |
| thirty days after receiving the amount of the taxable value | 68179 |
| reduction and apportionment changes sought by the petitioner in | 68180 |
| the original petition or in any additional objections properly and | 68181 |
| timely raised by the petitioner. The appeal notice shall indicate | 68182 |
| the amount of the reduction in taxable value sought in the | 68183 |
| petition or in the additional objections and the extent to which | 68184 |
| the reduction in taxable value and any change in apportionment | 68185 |
| requested by the petitioner would affect the commissioner's | 68186 |
| apportionment of the taxable value among taxing districts in the | 68187 |
| county as shown in the assessment. If a petitioner is seeking a | 68188 |
| reduction in taxable value on the basis of a lower percentage of | 68189 |
| true value than the percentage at which the commissioner assessed | 68190 |
| the petitioner's taxable property, the appeal notice shall | 68191 |
| indicate the reduction in taxable value sought by the petitioner | 68192 |
| without regard to the reduction sought on the basis of the lower | 68193 |
| percentage and shall indicate that the petitioner is required to | 68194 |
| pay tax on the reduced taxable value determined without regard to | 68195 |
| the reduction sought on the basis of a lower percentage of true | 68196 |
| value, as provided under division (B)(2)(c) of this section. The | 68197 |
| appeal notice shall include a statement that the reduced taxable | 68198 |
| value and the apportionment indicated in the notice are not final | 68199 |
| and are subject to adjustment by the commissioner or by the board | 68200 |
| of tax appeals or a court on appeal. If the commissioner finds an | 68201 |
| error in the appeal notice, the commissioner may amend the notice, | 68202 |
| but the notice is only for informational and tax payment purposes; | 68203 |
| the notice is not subject to appeal by any person. The | 68204 |
| commissioner also shall mail a copy of the appeal notice to the | 68205 |
| petitioner. Upon the request of a taxing authority, the county | 68206 |
| auditor may disclose to the taxing authority the extent to which a | 68207 |
| reduction in taxable value sought by a petitioner would affect the | 68208 |
| apportionment of taxable value to the taxing district or districts | 68209 |
| under the taxing authority's jurisdiction, but such a disclosure | 68210 |
| does not constitute a notice required by law to be given for the | 68211 |
| purpose of section 5717.02 of the Revised Code. | 68212 |
| (D) If the petitioner requests a hearing on the petition, the | 68213 |
| tax commissioner shall assign a time and place for the hearing on | 68214 |
| the petition and notify the petitioner of such time and place, but | 68215 |
| the commissioner may continue the hearing from time to time as | 68216 |
| necessary. | 68217 |
| (E) The tax commissioner may make corrections to the | 68218 |
| assessment as the commissioner finds proper. The commissioner | 68219 |
| shall serve a copy of the commissioner's final determination on | 68220 |
| the petitioner in the manner provided in section 5703.37 of the | 68221 |
| Revised Code. The commissioner's decision in the matter shall be | 68222 |
| final, subject to appeal under section 5717.02 of the Revised | 68223 |
| Code. The commissioner also shall transmit a copy of the final | 68224 |
| determination to the treasurer of state or applicable county | 68225 |
| auditor. In the absence of any further appeal, or when a decision | 68226 |
| of the board of tax appeals or of any court to which the decision | 68227 |
| has been appealed becomes final, the commissioner shall notify the | 68228 |
| public utility and, as appropriate, the treasurer of state who | 68229 |
| shall proceed under section 5727.42 of the Revised Code, or the | 68230 |
| applicable county auditor who shall proceed under section 5727.471 | 68231 |
| of the Revised Code. | 68232 |
| The notification made under this division is not subject to | 68233 |
| further appeal. | 68234 |
| (F) On appeal, no adjustment shall be made in the tax | 68235 |
| commissioner's assessment issued under section 5727.23 of the | 68236 |
| Revised Code that reduces the taxable value of a petitioner's | 68237 |
| taxable property by an amount that exceeds the reduction sought by | 68238 |
| the petitioner in its petition for reassessment or in any | 68239 |
| additional objections properly and timely raised after the | 68240 |
| petition is filed with the commissioner. | 68241 |
| Sec. 5727.81. (A) For the purpose of raising revenue for | 68242 |
| public education and state and local government operations, an | 68243 |
| excise tax is hereby levied and imposed on an electric | 68244 |
| distribution company for all electricity distributed by such | 68245 |
|
company | 68246 |
| 68247 | |
| distributed in a thirty-day period by the company through a meter | 68248 |
| of an end user in this state: | 68249 |
| KILOWATT HOURS DISTRIBUTED | RATE PER | 68250 | |||
| TO AN END USER | KILOWATT HOUR | 68251 | |||
| For the first 2,000 | $. |
68252 | |||
| For the next 2,001 to 15,000 | $. |
68253 | |||
| For 15,001 and above | $. |
68254 |
| If no meter is used to measure the kilowatt hours of | 68255 |
| electricity distributed by the company, the rates shall apply to | 68256 |
| the estimated kilowatt hours of electricity distributed to an | 68257 |
| unmetered location in this state. | 68258 |
| The electric distribution company shall base the monthly tax | 68259 |
| on the kilowatt hours of electricity distributed to an end user | 68260 |
| through the meter of the end user that is not measured for a | 68261 |
| thirty-day period by dividing the days in the measurement period | 68262 |
| into the total kilowatt hours measured during the measurement | 68263 |
| period to obtain a daily average usage. The tax shall be | 68264 |
| determined by obtaining the sum of divisions (A)(1), (2), and (3) | 68265 |
| of this section and multiplying that amount by the number of days | 68266 |
| in the measurement period: | 68267 |
| (1) Multiplying $ | 68268 |
| first sixty-seven kilowatt hours distributed using a daily | 68269 |
| average; | 68270 |
| (2) Multiplying $ | 68271 |
| five hundred kilowatt hours distributed using a daily average; | 68272 |
| (3) Multiplying $ | 68273 |
| hours distributed using a daily average. | 68274 |
| | 68275 |
| 68276 | |
| 68277 | |
| 68278 | |
| provided in division (C) of this section, the electric | 68279 |
| distribution company shall pay the tax to the tax commissioner in | 68280 |
| accordance with section 5727.82 of the Revised Code, unless | 68281 |
| required to remit each tax payment by electronic funds transfer to | 68282 |
| the treasurer of state in accordance with section 5727.83 of the | 68283 |
| Revised Code. | 68284 |
| Only the distribution of electricity through a meter of an | 68285 |
| end user in this state shall be used by the electric distribution | 68286 |
| company to compute the amount or estimated amount of tax due. In | 68287 |
| the event a meter is not actually read for a measurement period, | 68288 |
| the estimated kilowatt hours distributed by an electric | 68289 |
| distribution company to bill for its distribution charges shall be | 68290 |
| used. | 68291 |
| (B) Except as provided in division (C) of this section, each | 68292 |
| electric distribution company shall pay the tax imposed by this | 68293 |
| section in all of the following circumstances: | 68294 |
| (1) The electricity is distributed by the company through a | 68295 |
| meter of an end user in this state; | 68296 |
| (2) The company is distributing electricity through a meter | 68297 |
| located in another state, but the electricity is consumed in this | 68298 |
| state in the manner prescribed by the tax commissioner; | 68299 |
| (3) The company is distributing electricity in this state | 68300 |
| without the use of a meter, but the electricity is consumed in | 68301 |
| this state as estimated and in the manner prescribed by the tax | 68302 |
| commissioner. | 68303 |
| (C)(1) As used in division (C) of this section: | 68304 |
| (a) "Total price of electricity" means the aggregate value in | 68305 |
| money of anything paid or transferred, or promised to be paid or | 68306 |
| transferred, to obtain electricity or electric service, including | 68307 |
| but not limited to the value paid or promised to be paid for the | 68308 |
| transmission or distribution of electricity and for transition | 68309 |
| costs as described in Chapter 4928. of the Revised Code. | 68310 |
| (b) "Package" means the provision or the acquisition, at a | 68311 |
| combined price, of electricity with other services or products, or | 68312 |
| any combination thereof, such as natural gas or other fuels; | 68313 |
| energy management products, software, and services; machinery and | 68314 |
| equipment acquisition; and financing agreements. | 68315 |
| (c) "Single location" means a facility located on contiguous | 68316 |
| property separated only by a roadway, railway, or waterway. | 68317 |
| (2) Division (C) of this section applies to any commercial or | 68318 |
| industrial purchaser's receipt of electricity through a meter of | 68319 |
| an end user in this state or through more than one meter at a | 68320 |
| single location in this state in a quantity that exceeds | 68321 |
| forty-five million kilowatt hours of electricity over the course | 68322 |
| of the preceding calendar year, or any commercial or industrial | 68323 |
| purchaser that will consume more than forty-five million kilowatt | 68324 |
| hours of electricity over the course of the succeeding twelve | 68325 |
| months as estimated by the tax commissioner. The tax commissioner | 68326 |
|
shall
make such an estimate upon the written
request | 68327 |
| applicant for registration as a self-assessing purchaser under | 68328 |
| this division. Such a purchaser may elect to self-assess the | 68329 |
| excise tax imposed by this section at the rate of $.00075 per | 68330 |
| kilowatt hour on the first five hundred four million kilowatt | 68331 |
| hours distributed to that meter or location during the | 68332 |
|
registration year, and | 68333 |
| all electricity distributed to that meter or location. A qualified | 68334 |
| end user that receives electricity through a meter of an end user | 68335 |
| in this state or through more than one meter at a single location | 68336 |
| in this state and that consumes, over the course of the previous | 68337 |
| calendar year, more than forty-five million kilowatt hours in | 68338 |
| other than its qualifying manufacturing process, may elect to | 68339 |
| self-assess the tax as allowed by this division with respect to | 68340 |
| the electricity used in other than its qualifying manufacturing | 68341 |
|
process.
| 68342 |
| 68343 | |
| 68344 | |
| 68345 | |
| purchaser under this division shall be the tax as assessed under | 68346 |
| this division less any credit allowed under section 5727.812 of | 68347 |
| the Revised Code. | 68348 |
| Payment of the tax shall be made directly to the tax | 68349 |
| commissioner in accordance with divisions (A)(4) and (5) of | 68350 |
| section 5727.82 of the Revised Code, or the treasurer of state in | 68351 |
| accordance with section 5727.83 of the Revised Code. If the | 68352 |
| electric distribution company serving the self-assessing purchaser | 68353 |
| is a municipal electric utility and the purchaser is within the | 68354 |
| municipal corporation's corporate limits, payment of the portion | 68355 |
| of the tax described in division (A)(3)(a) of section 5727.82 of | 68356 |
| the Revised Code shall be made to such municipal corporation's | 68357 |
| general fund and reports shall be filed in accordance with | 68358 |
| divisions (A)(4) and (5) of section 5727.82 of the Revised Code, | 68359 |
| except that "municipal corporation" shall be substituted for | 68360 |
| "treasurer of state" and "tax commissioner." The remainder of the | 68361 |
| tax shall be paid directly to the tax commissioner in accordance | 68362 |
| with divisions (A)(4) and (5) of section 5727.82 of the Revised | 68363 |
| Code, or the treasurer of state in accordance with section 5727.83 | 68364 |
| of the Revised Code. A self-assessing purchaser that pays the | 68365 |
| excise tax as provided in this division shall not be required to | 68366 |
| pay the tax to the electric distribution company from which its | 68367 |
| electricity is distributed. If a self-assessing purchaser's | 68368 |
| receipt of electricity is not subject to the tax as measured under | 68369 |
| this division, the tax on the receipt of such electricity shall be | 68370 |
| measured and paid as provided in division (A) of this section. | 68371 |
| (3) In the case of the acquisition of a package, unless the | 68372 |
| elements of the package are separately stated isolating the total | 68373 |
| price of electricity from the price of the remaining elements of | 68374 |
| the package, the tax imposed under this section applies to the | 68375 |
| entire price of the package. If the elements of the package are | 68376 |
| separately stated, the tax imposed under this section applies to | 68377 |
| the total price of the electricity. | 68378 |
| (4) Any electric supplier that sells electricity as part of a | 68379 |
| package shall separately state to the purchaser the total price of | 68380 |
| the electricity and, upon request by the tax commissioner, the | 68381 |
| total price of each of the other elements of the package. | 68382 |
| (5) The tax commissioner may adopt rules relating to the | 68383 |
| computation of the total price of electricity with respect to | 68384 |
| self-assessing purchasers, which may include rules to establish | 68385 |
| the total price of electricity purchased as part of a package. | 68386 |
| (6) An annual application for registration as a | 68387 |
| self-assessing purchaser shall be made for each qualifying meter | 68388 |
| or location on a form prescribed by the tax commissioner. The | 68389 |
| registration year begins on the first day of May and ends on the | 68390 |
| following thirtieth day of April. Persons may apply after the | 68391 |
| first day of May for the remainder of the registration year. In | 68392 |
| the case of an applicant applying on the basis of an estimated | 68393 |
| consumption of forty-five million kilowatt hours over the course | 68394 |
| of the succeeding twelve months, the applicant shall provide such | 68395 |
| information as the tax commissioner considers to be necessary to | 68396 |
| estimate such consumption. At the time of making the application | 68397 |
|
and by the first day of May of each year, | 68398 |
| self-assessing purchaser shall pay a fee of five hundred dollars | 68399 |
| to the tax commissioner, or to the treasurer of state as provided | 68400 |
| in section 5727.83 of the Revised Code, for each qualifying meter | 68401 |
| or location. The tax commissioner shall immediately pay to the | 68402 |
| treasurer of state all amounts that the tax commissioner receives | 68403 |
| under this section. The treasurer of state shall deposit such | 68404 |
| amounts into the kilowatt hour excise tax administration fund, | 68405 |
| which is hereby created in the state treasury. Money in the fund | 68406 |
| shall be used to defray the tax commissioner's cost in | 68407 |
| administering the tax owed under section 5727.81 of the Revised | 68408 |
| Code by self-assessing purchasers. After the application is | 68409 |
| approved by the tax commissioner, the registration shall remain in | 68410 |
| effect for the current registration year, or until canceled by the | 68411 |
| registrant upon written notification to the commissioner of the | 68412 |
| election to pay the tax in accordance with division (A) of this | 68413 |
| section, or until canceled by the tax commissioner for not paying | 68414 |
| the tax or fee under division (C) of this section or for not | 68415 |
| meeting the qualifications in division (C)(2) of this section. The | 68416 |
| tax commissioner shall give written notice to the electric | 68417 |
| distribution company from which electricity is delivered to a | 68418 |
| self-assessing purchaser of the purchaser's self-assessing status, | 68419 |
| and the electric distribution company is relieved of the | 68420 |
| obligation to pay the tax imposed by division (A) of this section | 68421 |
| for electricity distributed to that self-assessing purchaser until | 68422 |
| it is notified by the tax commissioner that the self-assessing | 68423 |
| purchaser's registration is canceled. Within fifteen days of | 68424 |
| notification of the canceled registration, the electric | 68425 |
| distribution company shall be responsible for payment of the tax | 68426 |
| imposed by division (A) of this section on electricity distributed | 68427 |
| to a purchaser that is no longer registered as a self-assessing | 68428 |
| purchaser. A self-assessing purchaser with a canceled registration | 68429 |
| must file a report and remit the tax imposed by division (A) of | 68430 |
| this section on all electricity it receives for any measurement | 68431 |
| period prior to the tax being reported and paid by the electric | 68432 |
| distribution company. A self-assessing purchaser whose | 68433 |
| registration is canceled by the tax commissioner is not eligible | 68434 |
| to register as a self-assessing purchaser for two years after the | 68435 |
| registration is canceled. | 68436 |
| (7) If the tax commissioner cancels the self-assessing | 68437 |
| registration of a purchaser registered on the basis of its | 68438 |
| estimated consumption because the purchaser does not consume at | 68439 |
| least forty-five million kilowatt hours of electricity over the | 68440 |
| course of the twelve-month period for which the estimate was made, | 68441 |
| the tax commissioner shall assess and collect from the purchaser | 68442 |
| the difference between (a) the amount of tax that would have been | 68443 |
| payable under division (A) of this section on the electricity | 68444 |
| distributed to the purchaser during that period, and (b) the | 68445 |
| amount of tax paid by the purchaser on such electricity pursuant | 68446 |
| to
division (C)(2) | 68447 |
| paid within sixty days after the tax commissioner issues it, | 68448 |
| regardless of whether the purchaser files a petition for | 68449 |
| reassessment under section 5727.89 of the Revised Code covering | 68450 |
| that period. If the purchaser does not pay the assessment within | 68451 |
| the time prescribed, the amount assessed is subject to the | 68452 |
| additional charge and the interest prescribed by divisions (B) and | 68453 |
| (C) of section 5727.82 of the Revised Code, and is subject to | 68454 |
| assessment under section 5727.89 of the Revised Code. If the | 68455 |
| purchaser is a qualified end user, division (C)(7) of this section | 68456 |
| applies only to electricity it consumes in other than its | 68457 |
| qualifying manufacturing process. | 68458 |
| (D) The tax imposed by this section does not apply to the | 68459 |
| distribution of any kilowatt hours of electricity to the federal | 68460 |
| government, to an end user located at a federal facility that uses | 68461 |
| electricity for the enrichment of uranium, to a qualified | 68462 |
| regeneration meter, or to an end user for any day the end user is | 68463 |
| a qualified end user. The exemption under this division for a | 68464 |
| qualified end user only applies to the manufacturing location | 68465 |
| where the qualified end user uses more than three million kilowatt | 68466 |
| hours per day in a qualifying manufacturing process. | 68467 |
| Sec. 5727.812. (A) As used in this section: | 68468 |
| (1) "Price-based revenue increase" means one-fifth of the | 68469 |
| total amount of tax imposed on self-assessing purchasers under | 68470 |
| division (C)(2) of section 5727.81 of the Revised Code as computed | 68471 |
| on the basis of the total price of electricity distributed to a | 68472 |
| meter or location during a fiscal year, beginning with fiscal year | 68473 |
| 2006. | 68474 |
| (2) "Consumer price index" means the consumer price index for | 68475 |
| all urban consumers (United States city average, all items) | 68476 |
| prepared by the United States department of labor, bureau of labor | 68477 |
| statistics. | 68478 |
| (3) "Allowable price-based revenue increase" means ten | 68479 |
| million dollars multiplied by (a) the consumer price index for | 68480 |
| June of the year in which the tax commissioner makes the | 68481 |
| determination under division (B) of this section divided by (b) | 68482 |
| the consumer price index for June 2005. | 68483 |
| (B) On or before the first day of September each year | 68484 |
| beginning in 2006, the tax commissioner shall: | 68485 |
| (1) Compute the allowable price-based revenue increase; | 68486 |
| (2) Determine the price-based revenue increase for the | 68487 |
| preceding fiscal year; | 68488 |
| (3) Compute the amount, if any, by which the price-based | 68489 |
| revenue increase exceeds the allowable price-based revenue | 68490 |
| increase; and | 68491 |
| (4) Compute the percentage that the excess amount, if any, | 68492 |
| computed under division (B)(3) of this section is of the allowable | 68493 |
| price-based revenue increase. The computation shall be carried out | 68494 |
| to the fourth decimal place. | 68495 |
| (C) A credit shall be applied against the tax due from each | 68496 |
| self-assessing purchaser under division (C) of section 5727.81 of | 68497 |
| the Revised Code. The credit shall equal the percentage computed | 68498 |
| under division (B)(4) of this section multiplied by the portion of | 68499 |
| the amount of tax due and paid on the basis of the total price of | 68500 |
| electricity distributed to a meter or location from the | 68501 |
| self-assessing purchaser for the twelve-month period from July of | 68502 |
| the preceding year through June of the current year. The credit | 68503 |
| shall be applied by subtracting one-twelfth of that amount from | 68504 |
| the amount of tax due from the self-assessing purchaser for each | 68505 |
| month from the October following the computation through the | 68506 |
| following September. | 68507 |
| (D) Upon making the determinations and computations under | 68508 |
| division (B) of this section, the tax commissioner shall notify | 68509 |
| each self-assessing purchaser entitled to the credit of the amount | 68510 |
| of the credit and the amount that may be applied against the tax | 68511 |
| each month, and shall certify the amounts and percentage computed | 68512 |
| or determined under division (B) of this section to the speaker | 68513 |
| and minority leader of the house of representatives, to the | 68514 |
| president and minority leader of the senate, and to the | 68515 |
| chairperson and ranking members of the committees of each chamber | 68516 |
| dealing principally with appropriations and principally with | 68517 |
| taxation. | 68518 |
| (E) If a person is entitled to a credit under division (C) of | 68519 |
| this section but the person's registration as a self-assessing | 68520 |
| purchaser is canceled during the registration year or terminates | 68521 |
| at the end of a registration year before the person recovers the | 68522 |
| entire amount of the person's credit, the person shall receive a | 68523 |
| refund of the balance of the credit amount the person does not | 68524 |
| receive because of the cancellation or termination. Within sixty | 68525 |
| days after such cancellation or termination, the tax commissioner | 68526 |
| shall determine the amount of the refund to which such a person is | 68527 |
| entitled. The tax commissioner shall transmit the amount of the | 68528 |
| credit to the treasurer of state, who, within thirty days of such | 68529 |
| transmission, shall issue a warrant on the state treasury to the | 68530 |
| person entitled to the credit. Refunds are payable from the | 68531 |
| general revenue fund. | 68532 |
| Sec. 5727.82. (A)(1) Except as provided in divisions (A)(3) | 68533 |
| and (D) of this section, by the twentieth day of each month, each | 68534 |
| electric distribution company required to pay the tax imposed by | 68535 |
| section 5727.81 of the Revised Code shall file with the tax | 68536 |
| commissioner a return as prescribed by the tax commissioner and | 68537 |
| shall make payment of the full amount of tax due for the preceding | 68538 |
| month. The first payment of this tax shall be made on or before | 68539 |
| June 20, 2001. The electric distribution company shall make | 68540 |
| payment to the tax commissioner unless required to remit each tax | 68541 |
| payment by electronic funds transfer to the treasurer of state as | 68542 |
| provided in section 5727.83 of the Revised Code. | 68543 |
| (2) By the twentieth day of May, August, November, and | 68544 |
| February, each natural gas distribution company required to pay | 68545 |
| the tax imposed by section 5727.811 of the Revised Code shall file | 68546 |
| with the tax commissioner a return as prescribed by the tax | 68547 |
| commissioner and shall make payment to the tax commissioner, or to | 68548 |
| the treasurer of state as provided in section 5727.83 of the | 68549 |
| Revised Code, of the full amount of tax due for the preceding | 68550 |
| quarter. The first payment of this tax shall be made on or before | 68551 |
| November 20, 2001, for the quarter ending September 30, 2001. | 68552 |
| (3)(a) If the electric distribution company required to pay | 68553 |
| the tax imposed by section 5727.81 of the Revised Code is a | 68554 |
| municipal electric utility, it may retain in its general fund that | 68555 |
| portion of the tax on the kilowatt hours distributed to end users | 68556 |
| located within the boundaries of the municipal corporation, but | 68557 |
| only that portion of the tax that was imposed by division (A) or | 68558 |
| (C)(2) of section 5727.81 of the Revised Code as those divisions | 68559 |
| existed prior to their amendment by H.B. 66 of the 126th general | 68560 |
| assembly.
| 68561 |
| (b) The municipal electric utility shall make payment in | 68562 |
| accordance with division (A)(1) of this section of the tax due on | 68563 |
| the kilowatt hours distributed to end users located outside the | 68564 |
| boundaries of the municipal corporation, and of the remainder of | 68565 |
| the tax due under division (A)(3)(a) of this section that was not | 68566 |
| retained in the general fund of the municipal electric utility. | 68567 |
| (4) By the twentieth day of each month, each self-assessing | 68568 |
| purchaser that under division (C) of section 5727.81 of the | 68569 |
| Revised Code pays directly to the tax commissioner or the | 68570 |
| treasurer of state the tax imposed by section 5727.81 of the | 68571 |
| Revised Code shall file with the tax commissioner a return as | 68572 |
| prescribed by the tax commissioner and shall make payment of the | 68573 |
| full amount of the tax due for the preceding month less any credit | 68574 |
| allowed by section 5727.812 of the Revised Code. | 68575 |
| (5) As prescribed by the tax commissioner, a return shall be | 68576 |
| signed by the company or self-assessing purchaser required to file | 68577 |
| it, or an authorized employee, officer, or agent of the company or | 68578 |
| purchaser. The return shall be deemed filed when received by the | 68579 |
| tax commissioner. | 68580 |
| (B) Any natural gas distribution company, electric | 68581 |
| distribution company, or self-assessing purchaser required by this | 68582 |
| section to file a return who fails to file it and pay the tax | 68583 |
| within the period prescribed shall pay an additional charge of | 68584 |
| fifty dollars or ten per cent of the tax required to be paid for | 68585 |
| the reporting period, whichever is greater. The tax commissioner | 68586 |
| may collect the additional charge by assessment pursuant to | 68587 |
| section 5727.89 of the Revised Code. The commissioner may abate | 68588 |
| all or a portion of the additional charge and may adopt rules | 68589 |
| governing such abatements. | 68590 |
| (C) If any tax due is not paid timely in accordance with this | 68591 |
| section, the natural gas distribution company, electric | 68592 |
| distribution company, or self-assessing purchaser liable for the | 68593 |
| tax shall pay interest, calculated at the rate per annum | 68594 |
| prescribed by section 5703.47 of the Revised Code, from the date | 68595 |
| the tax payment was due to the date of payment or to the date an | 68596 |
| assessment is issued, whichever occurs first. Interest shall be | 68597 |
| paid in the same manner as the tax, and the commissioner may | 68598 |
| collect the interest by assessment pursuant to section 5727.89 of | 68599 |
| the Revised Code. | 68600 |
| (D) Not later than the tenth day of each month, a qualified | 68601 |
| end user not making the election to self-assess under division (C) | 68602 |
| of section 5727.81 of the Revised Code shall report in writing to | 68603 |
| the electric distribution company that distributes electricity to | 68604 |
| the end user the kilowatt hours that were consumed as a qualified | 68605 |
| end user in a qualifying manufacturing process for the prior month | 68606 |
| and the number of days, if any, on which the end user was not a | 68607 |
| qualified end user. For each calendar day during that month, a | 68608 |
| qualified end user shall report the kilowatt hours that were not | 68609 |
| used in a qualifying manufacturing process. For each calendar day | 68610 |
| the end user was not a qualified end user, the end user shall | 68611 |
| report in writing to the electric distribution company the total | 68612 |
| number of kilowatt hours used on that day, and the electric | 68613 |
| distribution company shall pay the tax imposed under section | 68614 |
| 5727.81 of the Revised Code on each kilowatt hour that was not | 68615 |
| distributed to a qualified end user in a qualifying manufacturing | 68616 |
| process. The electric distribution company may rely in good faith | 68617 |
| on a qualified end user's report filed under this division. If it | 68618 |
| is determined that the end user was not a qualified end user for | 68619 |
| any calendar day or the quantity of electricity used by the | 68620 |
| qualified end user in a qualifying manufacturing process was | 68621 |
| overstated, the tax commissioner shall assess and collect any tax | 68622 |
| imposed under section 5727.81 of the Revised Code directly from | 68623 |
| the qualified end user. As requested by the commissioner, each end | 68624 |
| user reporting to an electric distribution company that it is a | 68625 |
| qualified end user shall provide documentation to the commissioner | 68626 |
| that establishes the volume of electricity consumed daily by the | 68627 |
| qualified end user and the total number of kilowatt hours consumed | 68628 |
| in a qualifying manufacturing process. | 68629 |
| (E) The tax commissioner shall immediately pay to the | 68630 |
| treasurer of state all amounts that the tax commissioner receives | 68631 |
| under this section. The treasurer of state shall credit such | 68632 |
| amounts in accordance with this chapter. | 68633 |
| Sec. 5727.84. (A) As used in this section and sections | 68634 |
| 5727.85, 5727.86, and 5727.87 of the Revised Code: | 68635 |
| (1) "School district" means a city, local, or exempted | 68636 |
| village school district. | 68637 |
| (2) "Joint vocational school district" means a joint | 68638 |
| vocational school district created under section 3311.16 of the | 68639 |
| Revised Code, and includes a cooperative education school district | 68640 |
| created under section 3311.52 or 3311.521 of the Revised Code and | 68641 |
| a county school financing district created under section 3311.50 | 68642 |
| of the Revised Code. | 68643 |
| (3) "Local taxing unit" means a subdivision or taxing unit, | 68644 |
| as defined in section 5705.01 of the Revised Code, a park district | 68645 |
| created under Chapter 1545. of the Revised Code, or a township | 68646 |
| park district established under section 511.23 of the Revised | 68647 |
| Code, but excludes school districts and joint vocational school | 68648 |
| districts. | 68649 |
| (4) "State education aid" means the sum of state aid amounts | 68650 |
| computed for a school district or joint vocational school district | 68651 |
| under Chapter 3317. of the Revised Code. | 68652 |
| (5) "State education aid offset" means the amount determined | 68653 |
| for each school district or joint vocational school district under | 68654 |
| division (A)(1) of section 5727.85 of the Revised Code. | 68655 |
| (6) "Recognized valuation" has the same meaning as in section | 68656 |
| 3317.02 of the Revised Code. | 68657 |
| (7) "Electric company tax value loss" means the amount | 68658 |
| determined under division (D) of this section. | 68659 |
| (8) "Natural gas company tax value loss" means the amount | 68660 |
| determined under division (E) of this section. | 68661 |
| (9) "Tax value loss" means the sum of the electric company | 68662 |
| tax value loss and the natural gas company tax value loss. | 68663 |
| (10) "Fixed-rate levy" means any tax levied on property other | 68664 |
| than a fixed-sum levy. | 68665 |
| (11) "Fixed-rate levy loss" means the amount determined under | 68666 |
| division (G) of this section. | 68667 |
| (12) "Fixed-sum levy" means a tax levied on property at | 68668 |
| whatever rate is required to produce a specified amount of tax | 68669 |
| money or levied in excess of the ten-mill limitation to pay debt | 68670 |
| charges, and includes school district emergency levies imposed | 68671 |
| pursuant to section 5705.194 of the Revised Code. | 68672 |
| (13) "Fixed-sum levy loss" means the amount determined under | 68673 |
| division (H) of this section. | 68674 |
| (14) "Consumer price index" means the consumer price index | 68675 |
| (all items, all urban consumers) prepared by the bureau of labor | 68676 |
| statistics of the United States department of labor. | 68677 |
| (B) The kilowatt-hour tax receipts fund is hereby created in | 68678 |
| the state treasury and shall consist of money arising from the tax | 68679 |
|
imposed by section
5727.81 of
the Revised Code. | 68680 |
| August 1, 2005, all money in the kilowatt-hour tax receipts fund | 68681 |
| shall be credited as follows: | 68682 |
| (1) | 68683 |
| thirteen one-thousandths per cent, shall be credited to the | 68684 |
| general revenue fund. | 68685 |
| (2) Two and | 68686 |
| per cent shall be credited to the local government fund, for | 68687 |
| distribution in accordance with section 5747.50 of the Revised | 68688 |
| Code. | 68689 |
| (3) | 68690 |
| one-thousandths per cent shall be credited to the local government | 68691 |
| revenue assistance fund, for distribution in accordance with | 68692 |
| section 5747.61 of the Revised Code. | 68693 |
| (4) | 68694 |
| thirty-eight one-thousandths per cent shall be credited to the | 68695 |
| school district property tax replacement fund, which is hereby | 68696 |
| created in the state treasury for the purpose of making the | 68697 |
| payments described in section 5727.85 of the Revised Code. | 68698 |
| (5) | 68699 |
| one-thousandths per cent shall be credited to the local government | 68700 |
| property tax replacement fund, which is hereby created in the | 68701 |
| state treasury for the purpose of making the payments described in | 68702 |
| section 5727.86 of the Revised Code. | 68703 |
| | 68704 |
| 68705 | |
| 68706 | |
| 68707 | |
| 68708 | |
| 68709 | |
| 68710 | |
| 68711 | |
| 68712 | |
| 68713 |
| | 68714 |
| 68715 | |
| 68716 | |
| 68717 | |
| 68718 | |
| 68719 | |
| 68720 | |
| 68721 | |
| 68722 | |
| 68723 | |
| 68724 |
| (C) The natural gas tax receipts fund is hereby created in | 68725 |
| the state treasury and shall consist of money arising from the tax | 68726 |
| imposed by section 5727.811 of the Revised Code. All money in the | 68727 |
| fund shall be credited as follows: | 68728 |
| (1) Sixty-eight and seven-tenths per cent shall be credited | 68729 |
| to the school district property tax replacement fund for the | 68730 |
| purpose of making the payments described in section 5727.85 of the | 68731 |
| Revised Code. | 68732 |
| (2) Thirty-one and three-tenths per cent shall be credited to | 68733 |
| the local government property tax replacement fund for the purpose | 68734 |
| of making the payments described in section 5727.86 of the Revised | 68735 |
| Code. | 68736 |
| | 68737 |
| 68738 | |
| 68739 | |
| 68740 | |
| 68741 | |
| 68742 | |
| 68743 | |
| 68744 | |
| 68745 | |
| 68746 |
| (D) Not later than January 1, 2002, the tax commissioner | 68747 |
| shall determine for each taxing district its electric company tax | 68748 |
| value loss, which is the sum of the applicable amounts described | 68749 |
| in divisions (D)(1) to (3) of this section: | 68750 |
| (1) The difference obtained by subtracting the amount | 68751 |
| described in division (D)(1)(b) from the amount described in | 68752 |
| division (D)(1)(a) of this section. | 68753 |
| (a) The value of electric company and rural electric company | 68754 |
| tangible personal property as assessed by the tax commissioner for | 68755 |
| tax year 1998 on a preliminary assessment, or an amended | 68756 |
| preliminary assessment if issued prior to March 1, 1999, and as | 68757 |
| apportioned to the taxing district for tax year 1998; | 68758 |
| (b) The value of electric company and rural electric company | 68759 |
| tangible personal property as assessed by the tax commissioner for | 68760 |
| tax year 1998 had the property been apportioned to the taxing | 68761 |
| district for tax year 2001, and assessed at the rates in effect | 68762 |
| for tax year 2001. | 68763 |
| (2) The difference obtained by subtracting the amount | 68764 |
| described in division (D)(2)(b) from the amount described in | 68765 |
| division (D)(2)(a) of this section. | 68766 |
| (a) The three-year average for tax years 1996, 1997, and 1998 | 68767 |
| of the assessed value from nuclear fuel materials and assemblies | 68768 |
| assessed against a person under Chapter 5711. of the Revised Code | 68769 |
| from the leasing of them to an electric company for those | 68770 |
| respective tax years, as reflected in the preliminary assessments; | 68771 |
| (b) The three-year average assessed value from nuclear fuel | 68772 |
| materials and assemblies assessed under division (D)(2)(a) of this | 68773 |
| section for tax years 1996, 1997, and 1998, as reflected in the | 68774 |
| preliminary assessments, using an assessment rate of twenty-five | 68775 |
| per cent. | 68776 |
| (3) In the case of a taxing district having a nuclear power | 68777 |
| plant within its territory, any amount, resulting in an electric | 68778 |
| company tax value loss, obtained by subtracting the amount | 68779 |
| described in division (D)(1) of this section from the difference | 68780 |
| obtained by subtracting the amount described in division (D)(3)(b) | 68781 |
| of this section from the amount described in division (D)(3)(a) of | 68782 |
| this section. | 68783 |
| (a) The value of electric company tangible personal property | 68784 |
| as assessed by the tax commissioner for tax year 2000 on a | 68785 |
| preliminary assessment, or an amended preliminary assessment if | 68786 |
| issued prior to March 1, 2001, and as apportioned to the taxing | 68787 |
| district for tax year 2000; | 68788 |
| (b) The value of electric company tangible personal property | 68789 |
| as assessed by the tax commissioner for tax year 2001 on a | 68790 |
| preliminary assessment, or an amended preliminary assessment if | 68791 |
| issued prior to March 1, 2002, and as apportioned to the taxing | 68792 |
| district for tax year 2001. | 68793 |
| (E) Not later than January 1, 2002, the tax commissioner | 68794 |
| shall determine for each taxing district its natural gas company | 68795 |
| tax value loss, which is the sum of the amounts described in | 68796 |
| divisions (E)(1) and (2) of this section: | 68797 |
| (1) The difference obtained by subtracting the amount | 68798 |
| described in division (E)(1)(b) from the amount described in | 68799 |
| division (E)(1)(a) of this section. | 68800 |
| (a) The value of all natural gas company tangible personal | 68801 |
| property, other than property described in division (E)(2) of this | 68802 |
| section, as assessed by the tax commissioner for tax year 1999 on | 68803 |
| a preliminary assessment, or an amended preliminary assessment if | 68804 |
| issued prior to March 1, 2000, and apportioned to the taxing | 68805 |
| district for tax year 1999; | 68806 |
| (b) The value of all natural gas company tangible personal | 68807 |
| property, other than property described in division (E)(2) of this | 68808 |
| section, as assessed by the tax commissioner for tax year 1999 had | 68809 |
| the property been apportioned to the taxing district for tax year | 68810 |
| 2001, and assessed at the rates in effect for tax year 2001. | 68811 |
| (2) The difference in the value of current gas obtained by | 68812 |
| subtracting the amount described in division (E)(2)(b) from the | 68813 |
| amount described in division (E)(2)(a) of this section. | 68814 |
| (a) The three-year average assessed value of current gas as | 68815 |
| assessed by the tax commissioner for tax years 1997, 1998, and | 68816 |
| 1999 on a preliminary assessment, or an amended preliminary | 68817 |
| assessment if issued prior to March 1, 2001, and as apportioned in | 68818 |
| the taxing district for those respective years; | 68819 |
| (b) The three-year average assessed value from current gas | 68820 |
| under division (E)(2)(a) of this section for tax years 1997, 1998, | 68821 |
| and 1999, as reflected in the preliminary assessment, using an | 68822 |
| assessment rate of twenty-five per cent. | 68823 |
| (F) The tax commissioner may request that natural gas | 68824 |
| companies, electric companies, and rural electric companies file a | 68825 |
| report to help determine the tax value loss under divisions (D) | 68826 |
| and (E) of this section. The report shall be filed within thirty | 68827 |
| days of the commissioner's request. A company that fails to file | 68828 |
| the report or does not timely file the report is subject to the | 68829 |
| penalty in section 5727.60 of the Revised Code. | 68830 |
| (G) Not later than January 1, 2002, the tax commissioner | 68831 |
| shall determine for each school district, joint vocational school | 68832 |
| district, and local taxing unit its fixed-rate levy loss, which is | 68833 |
| the sum of its electric company tax value loss multiplied by the | 68834 |
| tax rate in effect in tax year 1998 for fixed-rate levies and its | 68835 |
| natural gas company tax value loss multiplied by the tax rate in | 68836 |
| effect in tax year 1999 for fixed-rate levies. | 68837 |
| (H) Not later than January 1, 2002, the tax commissioner | 68838 |
| shall determine for each school district, joint vocational school | 68839 |
| district, and local taxing unit its fixed-sum levy loss, which is | 68840 |
| the amount obtained by subtracting the amount described in | 68841 |
| division (H)(2) of this section from the amount described in | 68842 |
| division (H)(1) of this section: | 68843 |
| (1) The sum of the electric company tax value loss multiplied | 68844 |
| by the tax rate in effect in tax year 1998, and the natural gas | 68845 |
| company tax value loss multiplied by the tax rate in effect in tax | 68846 |
| year 1999, for fixed-sum levies for all taxing districts within | 68847 |
| each school district, joint vocational school district, and local | 68848 |
| taxing unit. For the years 2002 through 2006, this computation | 68849 |
| shall include school district emergency levies that existed in | 68850 |
| 1998 in the case of the electric company tax value loss, and 1999 | 68851 |
| in the case of the natural gas company tax value loss, and all | 68852 |
| other fixed-sum levies that existed in 1998 in the case of the | 68853 |
| electric company tax value loss and 1999 in the case of the | 68854 |
| natural gas company tax value loss and continue to be charged in | 68855 |
| the tax year preceding the distribution year. For the years 2007 | 68856 |
| through 2016 in the case of school district emergency levies, and | 68857 |
| for all years after 2006 in the case of all other fixed-sum | 68858 |
| levies, this computation shall exclude all fixed-sum levies that | 68859 |
| existed in 1998 in the case of the electric company tax value loss | 68860 |
| and 1999 in the case of the natural gas company tax value loss, | 68861 |
| but are no longer in effect in the tax year preceding the | 68862 |
| distribution year. For the purposes of this section, an emergency | 68863 |
| levy that existed in 1998 in the case of the electric company tax | 68864 |
| value loss, and 1999 in the case of the natural gas company tax | 68865 |
| value loss, continues to exist in a year beginning on or after | 68866 |
| January 1, 2007, but before January 1, 2017, if, in that year, the | 68867 |
| board of education levies a school district emergency levy for an | 68868 |
| annual sum at least equal to the annual sum levied by the board in | 68869 |
| tax year 1998 or 1999, respectively, less the amount of the | 68870 |
| payment certified under this division for 2002. | 68871 |
| (2) The total taxable value in tax year 1999 less the tax | 68872 |
| value loss in each school district, joint vocational school | 68873 |
| district, and local taxing unit multiplied by one-fourth of one | 68874 |
| mill. | 68875 |
| If the amount computed under division (H) of this section for | 68876 |
| any school district, joint vocational school district, or local | 68877 |
| taxing unit is greater than zero, that amount shall equal the | 68878 |
| fixed-sum levy loss reimbursed pursuant to division (E) of section | 68879 |
| 5727.85 of the Revised Code or division (A)(2) of section 5727.86 | 68880 |
| of the Revised Code, and the one-fourth of one mill that is | 68881 |
| subtracted under division (H)(2) of this section shall be | 68882 |
| apportioned among all contributing fixed-sum levies in the | 68883 |
| proportion of each levy to the sum of all fixed-sum levies within | 68884 |
| each school district, joint vocational school district, or local | 68885 |
| taxing unit. | 68886 |
| (I) Notwithstanding divisions (D), (E), (G), and (H) of this | 68887 |
| section, in computing the tax value loss, fixed-rate levy loss, | 68888 |
| and fixed-sum levy loss, the tax commissioner shall use the | 68889 |
| greater of the 1998 tax rate or the 1999 tax rate in the case of | 68890 |
| levy losses associated with the electric company tax value loss, | 68891 |
| but the 1999 tax rate shall not include for this purpose any tax | 68892 |
| levy approved by the voters after June 30, 1999, and the tax | 68893 |
| commissioner shall use the greater of the 1999 or the 2000 tax | 68894 |
| rate in the case of levy losses associated with the natural gas | 68895 |
| company tax value loss. | 68896 |
| (J) Not later than January 1, 2002, the tax commissioner | 68897 |
| shall certify to the department of education the tax value loss | 68898 |
| determined under divisions (D) and (E) of this section for each | 68899 |
| taxing district, the fixed-rate levy loss calculated under | 68900 |
| division (G) of this section, and the fixed-sum levy loss | 68901 |
| calculated under division (H) of this section. The calculations | 68902 |
| under divisions (G) and (H) of this section shall separately | 68903 |
| display the levy loss for each levy eligible for reimbursement. | 68904 |
| (K) Not later than September 1, 2001, the tax commissioner | 68905 |
| shall certify the amount of the fixed-sum levy loss to the county | 68906 |
| auditor of each county in which a school district with a fixed-sum | 68907 |
| levy loss has territory. | 68908 |
| Sec. 5727.85. (A) By the thirty-first day of July of each | 68909 |
| year, beginning in 2002 and ending in 2016, the department of | 68910 |
| education shall determine the following for each school district | 68911 |
| and each joint vocational school district eligible for payment | 68912 |
| under division (C) or (D) of this section: | 68913 |
| (1) The state education aid offset, which is the difference | 68914 |
| obtained by subtracting the amount described in division (A)(1)(b) | 68915 |
| of this section from the amount described in division (A)(1)(a) of | 68916 |
| this section: | 68917 |
| (a) The state education aid computed for the school district | 68918 |
| or joint vocational school district for the current fiscal year as | 68919 |
| of the thirty-first day of July; | 68920 |
| (b) The state education aid that would be computed for the | 68921 |
| school district or joint vocational school district for the | 68922 |
| current fiscal year as of the thirty-first day of July if the | 68923 |
| recognized valuation included the tax value loss for the school | 68924 |
| district or joint vocational school district. | 68925 |
| (2) The greater of zero or the difference obtained by | 68926 |
| subtracting the state education aid offset determined under | 68927 |
| division (A)(1) of this section from the fixed-rate levy loss | 68928 |
| certified under division (J) of section 5727.84 of the Revised | 68929 |
| Code for all taxing districts in each school district and joint | 68930 |
| vocational school district. | 68931 |
| By the fifth day of August of each such year, the department | 68932 |
| of education shall certify the amount so determined under division | 68933 |
| (A)(1) of this section to the director of budget and management. | 68934 |
| (B) Not later than the thirty-first day of October of the | 68935 |
| years 2006 through 2016, the department of education shall | 68936 |
| determine all of the following for each school district: | 68937 |
| (1) The amount obtained by subtracting the district's state | 68938 |
| education aid computed for fiscal year 2002 from the district's | 68939 |
| state education aid computed for the current fiscal year; | 68940 |
| (2) The inflation-adjusted property tax loss. The | 68941 |
| inflation-adjusted property tax loss equals the fixed-rate levy | 68942 |
| loss, excluding the tax loss from levies within the ten-mill | 68943 |
| limitation to pay debt charges, determined under division (G) of | 68944 |
| section 5727.84 of the Revised Code for all taxing districts in | 68945 |
| each school district, plus the product obtained by multiplying | 68946 |
| that loss by the cumulative percentage increase in the consumer | 68947 |
| price index from January 1, 2002, to the thirtieth day of June of | 68948 |
| the current year. | 68949 |
| (3) The difference obtained by subtracting the amount | 68950 |
| computed under division (B)(1) from the amount of the | 68951 |
| inflation-adjusted property tax loss. If this difference is zero | 68952 |
| or a negative number, no further payments shall be made under | 68953 |
| division (C) of this section to the school district from the | 68954 |
| school district property tax replacement fund. | 68955 |
| (C) The department of education shall pay from the school | 68956 |
| district property tax replacement fund to each school district all | 68957 |
| of the following: | 68958 |
| (1) In February 2002, one-half of the fixed-rate levy loss | 68959 |
| certified under division (J) of section 5727.84 of the Revised | 68960 |
| Code between the twenty-first and twenty-eighth days of February. | 68961 |
| (2) From August 2002 through August 2006, one-half of the | 68962 |
| amount calculated for that fiscal year under division (A)(2) of | 68963 |
| this section between the twenty-first and twenty-eighth days of | 68964 |
| August and of February. | 68965 |
| (3) From February 2007 through August 2016, one-half of the | 68966 |
| amount calculated for that calendar year under division (B)(3) of | 68967 |
| this section between the twenty-first and twenty-eighth days of | 68968 |
| August and of February. | 68969 |
| (4) For taxes levied within the ten-mill limitation for debt | 68970 |
| purposes in tax year 1998 in the case of electric company tax | 68971 |
| value losses, and in tax year 1999 in the case of natural gas | 68972 |
| company tax value losses, payments shall be made equal to one | 68973 |
| hundred per cent of the loss computed as if the tax were a | 68974 |
| fixed-rate levy, but those payments shall extend from fiscal year | 68975 |
| 2006 through fiscal year 2016. | 68976 |
| The department of education shall report to each school | 68977 |
| district the apportionment of the payments among the school | 68978 |
| district's funds based on the certifications under division (J) of | 68979 |
| section 5727.84 of the Revised Code. | 68980 |
| (D) Not later than January 1, 2002, for all taxing districts | 68981 |
| in each joint vocational school district, the tax commissioner | 68982 |
| shall certify to the department of education the fixed-rate levy | 68983 |
| loss determined under division (G) of section 5727.84 of the | 68984 |
| Revised Code. From February 2002 to August 2016, the department | 68985 |
| shall pay from the school district property tax replacement fund | 68986 |
| to the joint vocational school district one-half of the amount | 68987 |
| calculated for that fiscal year under division (A)(2) of this | 68988 |
| section between the twenty-first and twenty-eighth days of August | 68989 |
| and of February. | 68990 |
| (E)(1) Not later than January 1, 2002, for each fixed-sum | 68991 |
| levy levied by each school district or joint vocational school | 68992 |
| district and for each year for which a determination is made under | 68993 |
| division (H) of section 5727.84 of the Revised Code that a | 68994 |
| fixed-sum levy loss is to be reimbursed, the tax commissioner | 68995 |
| shall certify to the department of education the fixed-sum levy | 68996 |
| loss determined under that division. The certification shall cover | 68997 |
| a time period sufficient to include all fixed-sum levies for which | 68998 |
| the tax commissioner made such a determination. The department | 68999 |
| shall pay from the school district property tax replacement fund | 69000 |
| to the school district or joint vocational school district | 69001 |
| one-half of the fixed-sum levy loss so certified for each year | 69002 |
| between the twenty-first and twenty-eighth days of August and of | 69003 |
| February. | 69004 |
| (2) Beginning in 2003, by the thirty-first day of January of | 69005 |
| each year, the tax commissioner shall review the certification | 69006 |
| originally made under division (E)(1) of this section. If the | 69007 |
| commissioner determines that a debt levy that had been scheduled | 69008 |
| to be reimbursed in the current year has expired, a revised | 69009 |
| certification for that and all subsequent years shall be made to | 69010 |
| the department of education. | 69011 |
| (F) If the balance of the half-mill equalization fund created | 69012 |
| under section 3318.18 of the Revised Code is insufficient to make | 69013 |
| the full amount of payments required under division (D) of that | 69014 |
| section, the department of education, at the end of the third | 69015 |
| quarter of the fiscal year, shall certify to the director of | 69016 |
| budget and management the amount of the deficiency, and the | 69017 |
| director shall transfer an amount equal to the deficiency from the | 69018 |
| school district property tax replacement fund to the half-mill | 69019 |
| equalization fund. | 69020 |
| (G)
Beginning in August 2002,
and ending in | 69021 |
| 2017, the director of budget and management shall transfer from | 69022 |
| the school district property tax replacement fund to the general | 69023 |
| revenue fund each of the following: | 69024 |
| (1) Between the twenty-eighth day of August and the fifth day | 69025 |
| of September, the lesser of one-half of the amount certified for | 69026 |
| that fiscal year under division (A)(2) of this section or the | 69027 |
| balance in the school district property tax replacement fund; | 69028 |
| (2) Between the first and fifth days of | 69029 |
| of one-half of the amount certified for that fiscal year under | 69030 |
| division (A)(2) of this section or the balance in the school | 69031 |
| district property tax replacement fund. | 69032 |
| | 69033 |
| 69034 | |
| 69035 | |
| 69036 | |
| 69037 | |
| 69038 | |
| 69039 | |
| 69040 | |
| 69041 | |
| 69042 | |
| 69043 | |
| 69044 | |
| 69045 | |
| 69046 | |
| 69047 | |
| 69048 | |
| 69049 | |
| 69050 | |
| 69051 |
| | 69052 |
| 69053 | |
| 69054 | |
| 69055 | |
| 69056 | |
| 69057 | |
| 69058 | |
| 69059 | |
| 69060 | |
| 69061 | |
| 69062 | |
| 69063 | |
| 69064 | |
| 69065 |
| | 69066 |
| 69067 | |
| 69068 | |
| 69069 |
| | 69070 |
| 69071 | |
| 69072 |
| (H) On the first day of June each year, the director of | 69073 |
| budget and management shall transfer any balance remaining in the | 69074 |
| school district property tax replacement fund after the payments | 69075 |
| have been made under divisions (C), (D), (E), (F), and (G) of this | 69076 |
| section to the half-mill equalization fund created under section | 69077 |
| 3318.18 of the Revised Code. | 69078 |
| (I) From fiscal year 2002 through fiscal year 2016, if the | 69079 |
| total amount in the school district property tax replacement fund | 69080 |
|
is insufficient to make all payments under
divisions (C), (D), | 69081 |
| (E), and (F) of this section at the time the payments are to be | 69082 |
| made, the director of budget and management shall transfer from | 69083 |
| the general revenue fund to the school district property tax | 69084 |
| replacement fund the difference between the total amount to be | 69085 |
| paid and the total amount in the school district property tax | 69086 |
| replacement fund, except that no transfer shall be made by reason | 69087 |
| of a deficiency to the extent that it results from the amendment | 69088 |
| of section 5727.84 of the Revised Code by Amended Substitute House | 69089 |
| Bill No. 95 of the 125th general assembly. | 69090 |
| (J) If all | 69091 |
| joint vocational school district is merged with an existing | 69092 |
| district, or if a part of the territory of a school district or | 69093 |
| joint vocational school district is
transferred
to
| 69094 |
| existing or new district, the department of education, in | 69095 |
| consultation with the tax commissioner, shall adjust the payments | 69096 |
|
made under
this section | 69097 |
| 69098 | |
| 69099 |
| (1) For the merger of all of the territory of two or more | 69100 |
| districts, the fixed-rate levy loss and the fixed-sum levy loss of | 69101 |
| the successor district shall be equal to the sum of the fixed-rate | 69102 |
| levy losses and the fixed-sum levy losses for each of the | 69103 |
| districts involved in the merger. | 69104 |
| (2) For the transfer of a part of one district's territory to | 69105 |
| an existing district, the amount of the fixed-rate levy loss that | 69106 |
| is transferred to the recipient district shall be an amount equal | 69107 |
| to the transferring district's total fixed-rate levy loss times a | 69108 |
| fraction, the numerator of which is the value of electric company | 69109 |
| tangible personal property located in the part of the territory | 69110 |
| that was transferred, and the denominator of which is the total | 69111 |
| value of electric company tangible personal property located in | 69112 |
| the entire district from which the territory was transferred. The | 69113 |
| value of electric company tangible personal property under this | 69114 |
| division shall be determined for the most recent year for which | 69115 |
| data is available. Fixed-sum levy losses for both districts shall | 69116 |
| be determined under division (J)(4) of this section. | 69117 |
| (3) For the transfer of a part of the territory of one or | 69118 |
| more districts to create a new district: | 69119 |
| (a) If the new district is created on or after January 1, | 69120 |
| 2000, but before January 1, 2005, the new district shall be paid | 69121 |
| its current fixed-rate levy loss through August 2006. From | 69122 |
| February 2007 to August 2016, the new district shall be paid the | 69123 |
| lesser of: (i) the amount calculated under division (B) of this | 69124 |
| section or (ii) an amount determined under the schedule in | 69125 |
| division (A)(1) of section 5727.86 of the Revised Code, as if for | 69126 |
| this purpose the new district was a local taxing unit under that | 69127 |
| section. Fixed-sum levy losses for the districts shall be | 69128 |
| determined under division (J)(4) of this section. | 69129 |
| (b) If the new district is created on or after January 1, | 69130 |
| 2005, the new district shall be deemed not to have any fixed-rate | 69131 |
| levy loss or, except as provided in division (J)(4) of this | 69132 |
| section, fixed-sum levy loss. The district or districts from which | 69133 |
| the territory was transferred shall have no reduction in their | 69134 |
| fixed-rate levy loss, or, except as provided in division (J)(4) of | 69135 |
| this section, their fixed-sum levy loss. | 69136 |
| (4) If a recipient district under division (J)(2) of this | 69137 |
| section or a new district under division (J)(3)(a) or (b) of this | 69138 |
| section takes on debt from one or more of the districts from which | 69139 |
| territory was transferred, and any of the districts transferring | 69140 |
| the territory had fixed-sum levy losses, the department of | 69141 |
| education, in consultation with the tax commissioner, shall make | 69142 |
| an equitable division of the fixed-sum levy losses. | 69143 |
| (K) There is hereby created the public utility property tax | 69144 |
| study committee, effective January 1, 2011. The committee shall | 69145 |
| consist of the following seven members: the tax commissioner, | 69146 |
| three members of the senate appointed by the president of the | 69147 |
| senate, and three members of the house of representatives | 69148 |
| appointed by the speaker of the house of representatives. The | 69149 |
| appointments shall be made not later than January 31, 2011. The | 69150 |
| tax commissioner shall be the chairperson of the committee. | 69151 |
| The committee shall study the extent to which each school | 69152 |
| district or joint vocational school district has been compensated, | 69153 |
| under sections 5727.84 and 5727.85 of the Revised Code as enacted | 69154 |
| by Substitute Senate Bill No. 3 of the 123rd general assembly and | 69155 |
| any subsequent acts, for the property tax loss caused by the | 69156 |
| reduction in the assessment rates for natural gas, electric, and | 69157 |
| rural electric company tangible personal property. Not later than | 69158 |
| June 30, 2011, the committee shall issue a report of its findings, | 69159 |
| including any recommendations for providing additional | 69160 |
| compensation for the property tax loss or regarding remedial | 69161 |
| legislation, to the president of the senate and the speaker of the | 69162 |
| house of representatives, at which time the committee shall cease | 69163 |
| to exist. | 69164 |
| The department of taxation and department of education shall | 69165 |
| provide such information and assistance as is required for the | 69166 |
| committee to carry out its duties. | 69167 |
| Sec. 5727.99. (A) Whoever violates section 5727.55 of the | 69168 |
| Revised Code | 69169 |
| 69170 | |
| degree. | 69171 |
| (B) Whoever violates section 5727.71 of the Revised Code | 69172 |
| 69173 | |
| 69174 | |
| degree. | 69175 |
| (C) Whoever violates section 5727.72 of the Revised Code | 69176 |
| 69177 | |
| 69178 | |
| the third degree. | 69179 |
| (D) Whoever violates sections 5727.80 to 5727.83, or sections | 69180 |
| 5727.88 to 5727.95 of the Revised Code or any rule adopted by the | 69181 |
| tax commissioner under those sections, is guilty of a misdemeanor | 69182 |
| of the first degree | 69183 |
| the person previously has been convicted of any offense under | 69184 |
| Title LVII of the Revised Code, the person is guilty of a felony | 69185 |
| of the fourth degree. | 69186 |
| Sec. 5728.01. As used in sections 5728.02 to 5728.14 of the | 69187 |
| Revised Code: | 69188 |
| (A) "Motor vehicle" means everything on wheels that is | 69189 |
| self-propelled, other than by muscular power or power collected | 69190 |
| from electric trolley wires and other than vehicles or machinery | 69191 |
| not designed for or employed in general highway transportation, | 69192 |
| used to transport or propel persons or property over a public | 69193 |
| highway. | 69194 |
| (B) "Commercial car" means any motor vehicle used for | 69195 |
| transporting persons or property, wholly on its own structure on a | 69196 |
| public highway. | 69197 |
| (C) "Commercial tractor" means any motor vehicle designed and | 69198 |
| used to propel or draw a trailer or semi-trailer or both on a | 69199 |
| public highway without having any provision for carrying loads | 69200 |
| independently of such trailer or semi-trailer. | 69201 |
| (D) "Trailer" means everything on wheels that is not | 69202 |
| self-propelled, except vehicles or machinery not designed for or | 69203 |
| employed in general highway transportation, used for carrying | 69204 |
| property wholly on its own structure and for being drawn by a | 69205 |
| motor vehicle on a public highway, including any such vehicle when | 69206 |
| formed by or operated as a combination of a semi-trailer and a | 69207 |
| vehicle of the dolly type such as that commonly known as a trailer | 69208 |
| dolly. "Trailer" does not include manufactured homes as defined in | 69209 |
| division (C)(4) of section 3781.06 of the Revised Code or mobile | 69210 |
| homes as defined in division (O) of section 4501.01 of the Revised | 69211 |
| Code. | 69212 |
| (E) "Semi-trailer" means everything on wheels that is not | 69213 |
| self-propelled, except vehicles or machinery not designed for or | 69214 |
| employed in general highway transportation, designed and used for | 69215 |
| carrying property on a public highway when being propelled or | 69216 |
| drawn by a commercial tractor when part of its own weight or the | 69217 |
| weight of its load, or both, rest upon and is carried by a | 69218 |
| commercial tractor. | 69219 |
| (F) "Commercial tandem" means any commercial car and trailer | 69220 |
| or any commercial tractor, semi-trailer, and trailer when fastened | 69221 |
| together and used as one unit. | 69222 |
| (G) "Commercial tractor combination" means any commercial | 69223 |
| tractor and semi-trailer when fastened together and used as one | 69224 |
| unit. | 69225 |
| (H) "Axle" means two or more load carrying wheels mounted in | 69226 |
| a single transverse vertical plane. | 69227 |
| (I) "Public highway" means any highway, road, or street | 69228 |
| dedicated to public use, including a highway under the control and | 69229 |
| jurisdiction of the Ohio turnpike commission created by the | 69230 |
| provisions of section 5537.02 of the Revised Code and land and | 69231 |
| lots over which the public, either as user or owner, generally has | 69232 |
| a right to pass even though such land or lots are closed | 69233 |
| temporarily by public authorities for the purpose of construction, | 69234 |
| reconstruction, maintenance, or repair. | 69235 |
| (J) "Jurisdiction" means a state of the United States, the | 69236 |
| District of Columbia, or a province or territory of Canada. | 69237 |
| Sec. 5728.02. (A) Except as provided in section 5728.03 of | 69238 |
| the Revised Code, every person who is liable for the tax imposed | 69239 |
| by section 5728.06 of the Revised Code on the operation of a | 69240 |
|
commercial car | 69241 |
| 69242 | |
| 69243 | |
| 69244 | |
| 69245 | |
| to be, operated or driven upon a public highway in two or more | 69246 |
| jurisdictions shall cause to be filed annually with the tax | 69247 |
|
commissioner | 69248 |
| 69249 |
| Each application for a fuel use permit for a commercial car | 69250 |
| or a commercial tractor shall contain any information the tax | 69251 |
| commissioner prescribes. | 69252 |
| (B) Upon receipt of the application, the tax commissioner | 69253 |
| shall issue to the person making the application a fuel use permit | 69254 |
| and any identification device that the commissioner considers | 69255 |
| necessary for the proper administration of this chapter. The | 69256 |
| permit and the identification device shall be of a design and | 69257 |
| contain any information the commissioner considers necessary. The | 69258 |
| identification device shall be displayed on the commercial car or | 69259 |
| commercial tractor for which it was issued at all times in the | 69260 |
| manner the commissioner prescribes. The fuel use permits and the | 69261 |
| identification device shall not be transferable. In case of the | 69262 |
| loss of a fuel use permit or identification device, the | 69263 |
| commissioner shall issue a duplicate of the permit or device. | 69264 |
| The fuel use permit shall be valid until it expires or is | 69265 |
| suspended or surrendered. | 69266 |
| Sec. 5728.03. (A) In lieu of filing an application for an | 69267 |
| annual fuel use permit under section 5728.02 of the Revised Code | 69268 |
| and in lieu of filing returns under section 5728.08 of the Revised | 69269 |
|
Code, a person who is the owner of a commercial car
| 69270 |
| 69271 | |
| 69272 | |
| 69273 | |
| 69274 | |
| commercial tractor that would otherwise be liable for the tax | 69275 |
| imposed by section 5728.06 of the Revised Code, that is, or is to | 69276 |
| be, operated or driven upon a public highway, may file an | 69277 |
| application with the tax commissioner for a single-trip fuel use | 69278 |
| permit. The application shall be based on rules adopted by the tax | 69279 |
| commissioner and shall include an amount estimated to be | 69280 |
| substantially equivalent to the fuel use tax liability that the | 69281 |
| applicant will incur by driving on the highways of this state | 69282 |
| during the period covered by the single-trip permit. The amount so | 69283 |
| estimated shall be considered to be the fuel use tax liability so | 69284 |
| incurred. | 69285 |
| The commissioner may authorize independent permit services or | 69286 |
| other persons to issue single-trip fuel use permits. | 69287 |
| (B) The tax commissioner shall adopt rules establishing all | 69288 |
| of the following: | 69289 |
| (1) Procedures for the issuance of single-trip permits; | 69290 |
| (2) The length of time the permits are effective; | 69291 |
| (3) Requirements that independent permit services or other | 69292 |
| persons must meet to be authorized to issue single-trip fuel use | 69293 |
| permits and procedures for obtaining that authorization; | 69294 |
| (4) Estimates of the amount substantially equivalent to the | 69295 |
| fuel use tax liability that an applicant will incur by driving on | 69296 |
| the highways of this state during the period covered by the | 69297 |
| permit. | 69298 |
| (C) No person whose fuel use permit issued under section | 69299 |
| 5728.02 of the Revised Code is currently under suspension in | 69300 |
| accordance with section 5728.11 of the Revised Code shall be | 69301 |
| issued a single-trip fuel use permit under this section. | 69302 |
| (D) All moneys collected pursuant to this section shall be | 69303 |
| deposited in the state treasury in accordance with section 5728.08 | 69304 |
| of the Revised Code. | 69305 |
| Sec. 5728.04. (A) It is unlawful for any person to operate a | 69306 |
|
commercial car
| 69307 |
| 69308 | |
| 69309 | |
| 69310 | |
| 69311 | |
| 69312 | |
| 69313 | |
| the Revised Code on a public highway in two or more jurisdictions | 69314 |
| under either of the following circumstances: | 69315 |
| (1) Without a fuel use permit or single trip fuel use permit | 69316 |
| for such commercial car or commercial tractor. | 69317 |
| (2) With a suspended or surrendered fuel use permit for such | 69318 |
| commercial car or commercial tractor. | 69319 |
| (B) The judge or magistrate of any court finding any person | 69320 |
| guilty of unlawfully operating a commercial car or commercial | 69321 |
| tractor as provided for in this section shall immediately notify | 69322 |
| the tax commissioner of such violation and shall transmit to the | 69323 |
| tax commissioner the name and the permanent address of the owner | 69324 |
| of the commercial car or commercial tractor operated in violation | 69325 |
| of this section, the registration number, the state of | 69326 |
| registration, and the certificate of title number of the | 69327 |
| commercial car or commercial tractor. The commercial car or | 69328 |
| commercial tractor involved in a violation of division (A)(1) or | 69329 |
| (2) of this section may be detained until a valid fuel use permit | 69330 |
| is obtained or reinstated. | 69331 |
| Sec. 5728.06. (A) For the following purposes, an excise tax | 69332 |
| is hereby imposed on the use of motor fuel to operate on the | 69333 |
| public highways of this state a commercial car with three or more | 69334 |
| axles, regardless of weight, operated alone or as part of a | 69335 |
| commercial tandem, a
commercial car
with two axles
| 69336 |
| 69337 | |
| registered gross vehicle weight exceeding twenty-six thousand | 69338 |
| pounds operated alone or as part of a commercial tandem, or a | 69339 |
| commercial tractor operated alone or as part of a commercial | 69340 |
| tractor combination or commercial tandem: to provide revenue for | 69341 |
| maintaining the state highway system, to widen existing surfaces | 69342 |
| on such highways, to resurface such highways, to enable the | 69343 |
| counties of the state properly to plan for, maintain, and repair | 69344 |
| their roads, to enable the municipal corporations to plan, | 69345 |
| construct, reconstruct, repave, widen, maintain, repair, clear, | 69346 |
| and clean public highways, roads, and streets; to pay that portion | 69347 |
| of the construction cost of a highway project that a county, | 69348 |
| township, or municipal corporation normally would be required to | 69349 |
| pay, but that the director of transportation, pursuant to division | 69350 |
| (B) of section 5531.08 of the Revised Code, determines instead | 69351 |
| will be paid from moneys in the highway operating fund; to | 69352 |
| maintain and repair bridges and viaducts; to purchase, erect, and | 69353 |
| maintain street and traffic signs and markers; to purchase, erect, | 69354 |
| and maintain traffic lights and signals; to pay the costs | 69355 |
| apportioned to the public under section 4907.47 of the Revised | 69356 |
| Code; and to supplement revenue already available for such | 69357 |
| purposes, to distribute equitably among those persons using the | 69358 |
| privilege of driving motor vehicles upon such highways and streets | 69359 |
| the cost of maintaining and repairing the same, and to pay the | 69360 |
| interest, principal, and charges on bonds and other obligations | 69361 |
| issued pursuant to Section 2i of Article VIII, Ohio Constitution, | 69362 |
| and sections 5528.30 and 5528.31 of the Revised Code. The tax is | 69363 |
| imposed in the same amount as the motor fuel tax imposed under | 69364 |
| Chapter 5735. of the Revised Code plus an additional tax of three | 69365 |
| cents per gallon of motor fuel used before July 1, 2004, provided | 69366 |
| that the additional tax shall be reduced to two cents per gallon | 69367 |
| of motor fuel used from July 1, 2004 through June 30, 2005, as | 69368 |
| determined by the gallons consumed while operated on the public | 69369 |
| highways of this state. Subject to section 5735.292 of the Revised | 69370 |
| Code, on and after July 1, 2005, the tax shall be imposed in the | 69371 |
| same amount as the motor fuel tax imposed under Chapter 5735. of | 69372 |
| the Revised Code. Payment of the fuel use tax shall be made by the | 69373 |
| purchase
| 69374 |
| for which the tax imposed under Chapter 5735. of the Revised Code | 69375 |
| has been paid, as is equivalent to the gallons consumed while | 69376 |
| operating such a motor vehicle on the public highways of this | 69377 |
| state, or by direct remittance to the treasurer of state with the | 69378 |
| fuel use tax return filed pursuant to section 5728.08 of the | 69379 |
| Revised Code. | 69380 |
| Any person subject to the tax imposed under this section who | 69381 |
| purchases motor fuel in this state for use in another state in | 69382 |
| excess of the amount consumed while operating such motor vehicle | 69383 |
| on the public highways of this state shall be allowed a credit | 69384 |
| against the tax imposed by this section or a refund equal to the | 69385 |
| motor fuel tax paid to this state on such excess. No such credit | 69386 |
| or refund shall be allowed for taxes paid to any state that | 69387 |
| imposes a tax on motor fuel purchased or obtained in this state | 69388 |
| and used on the highways of such other state but does not allow a | 69389 |
| similar credit or refund for the tax paid to this state on motor | 69390 |
| fuel purchased or acquired in the other state and used on the | 69391 |
| public highways of this state. | 69392 |
| The tax commissioner is authorized to determine whether such | 69393 |
| credits or refunds are available and to prescribe such rules as | 69394 |
| are required for the purpose of administering this chapter. | 69395 |
| (B) Within sixty days after the last day of each month, the | 69396 |
| tax commissioner shall determine the amount of motor fuel tax | 69397 |
| allowed as a credit against the tax imposed by this section. The | 69398 |
| commissioner shall certify the amount to the director of budget | 69399 |
| and management and the treasurer of state, who shall credit the | 69400 |
| amount in accordance with section 5728.08 of the Revised Code from | 69401 |
| current revenue arising from the tax levied by section 5735.05 of | 69402 |
| the Revised Code. | 69403 |
| (C) The owner of each commercial car and commercial tractor | 69404 |
| subject to sections 5728.01 to 5728.14 of the Revised Code is | 69405 |
| liable for the payment of the full amount of the taxes imposed by | 69406 |
| this section. | 69407 |
| An owner who is a person regularly engaged, for compensation, | 69408 |
| in the business of leasing or renting motor vehicles without | 69409 |
| furnishing drivers may designate that the lessee of a motor | 69410 |
| vehicle leased for a period of thirty days or more shall report | 69411 |
| and pay the tax incurred during the duration of the lease. An | 69412 |
| owner who is an independent contractor that furnishes both the | 69413 |
| driver and motor vehicle, may designate that the person so | 69414 |
| furnished with the driver and motor vehicle for a period of thirty | 69415 |
| days or more shall report and pay the tax incurred during that | 69416 |
| period. An independent contractor that is not an owner, but that | 69417 |
| furnishes both the driver and motor vehicle and that has been | 69418 |
| designated by the owner of the motor vehicle to report and pay the | 69419 |
| tax, may designate that the person so furnished with driver and | 69420 |
| motor vehicle for a period of thirty days or more shall report and | 69421 |
| pay the tax incurred during that period. | 69422 |
| Sec. 5728.08. Except as provided in section 5728.03 of the | 69423 |
|
Revised Code and except as otherwise provided in | 69424 |
| of section 5728.06 of the Revised Code, whoever is liable for the | 69425 |
| payment of the tax levied by section 5728.06 of the Revised Code, | 69426 |
| on or before the last day of each January, April, July, and | 69427 |
| October, shall file with the tax commissioner, on forms prescribed | 69428 |
| by the commissioner, a fuel use tax return and make payment of the | 69429 |
| full amount of the tax due for the operation of each commercial | 69430 |
| car and commercial tractor for the preceding three calendar | 69431 |
|
months.
| 69432 |
| 69433 | |
| 69434 | |
| 69435 | |
| 69436 | |
| 69437 | |
| 69438 | |
| 69439 | |
| 69440 | |
| 69441 | |
| 69442 | |
| 69443 | |
| 69444 | |
| 69445 | |
| 69446 | |
| 69447 | |
| 69448 | |
| 69449 | |
| 69450 | |
| 69451 |
| The commissioner shall immediately forward to the treasurer | 69452 |
| of state all money received from the tax levied by section 5728.06 | 69453 |
| of the Revised Code. | 69454 |
| The treasurer of state shall place to the credit of the tax | 69455 |
| refund fund created by section 5703.052 of the Revised Code, out | 69456 |
| of receipts from the taxes levied by section 5728.06 of the | 69457 |
| Revised Code, amounts equal to the refund certified by the tax | 69458 |
| commissioner pursuant to section 5728.061 of the Revised Code. | 69459 |
| Receipts from the tax shall be used by the commissioner to defray | 69460 |
| expenses incurred by the department of taxation in administering | 69461 |
| sections 5728.01 to 5728.14 of the Revised Code. | 69462 |
| All moneys received in the state treasury from taxes levied | 69463 |
| by section 5728.06 of the Revised Code and fees assessed under | 69464 |
| section 5728.03 of the Revised Code that are not required to be | 69465 |
| placed to the credit of the tax refund fund as provided by this | 69466 |
| section shall, during each calendar year, be credited to the | 69467 |
| highway improvement bond retirement fund created by section | 69468 |
| 5528.12 of the Revised Code until the commissioners of the sinking | 69469 |
| fund certify to the treasurer of state, as required by section | 69470 |
| 5528.17 of the Revised Code, that there are sufficient moneys to | 69471 |
| the credit of the highway improvement bond retirement fund to meet | 69472 |
| in full all payments of interest, principal, and charges for the | 69473 |
| retirement of bonds and other obligations issued pursuant to | 69474 |
| Section 2g of Article VIII, Ohio Constitution, and sections | 69475 |
| 5528.10 and 5528.11 of the Revised Code due and payable during the | 69476 |
| current calendar year and during the following calendar year. From | 69477 |
| the date of the receipt of the certification required by section | 69478 |
| 5528.17 of the Revised Code by the treasurer of state until the | 69479 |
| thirty-first day of December of the calendar year in which the | 69480 |
| certification is made, all moneys received in the state treasury | 69481 |
| from taxes levied under section 5728.06 of the Revised Code and | 69482 |
| fees assessed under section 5728.03 of the Revised Code that are | 69483 |
| not required to be placed to the credit of the tax refund fund as | 69484 |
| provided by this section shall be credited to the highway | 69485 |
| obligations bond retirement fund created by section 5528.32 of the | 69486 |
| Revised Code until the commissioners of the sinking fund certify | 69487 |
| to the treasurer of state, as required by section 5528.38 of the | 69488 |
| Revised Code, that there are sufficient moneys to the credit of | 69489 |
| the highway obligations bond retirement fund to meet in full all | 69490 |
| payments of interest, principal, and charges for the retirement of | 69491 |
| bonds and other obligations issued pursuant to Section 2i of | 69492 |
| Article VIII, Ohio Constitution, and sections 5528.30 and 5528.31 | 69493 |
| of the Revised Code due and payable during the current calendar | 69494 |
| year and during the following calendar year. From the date of the | 69495 |
| receipt of the certification required by section 5528.38 of the | 69496 |
| Revised Code by the treasurer of state until the thirty-first day | 69497 |
| of December of the calendar year in which the certification is | 69498 |
| made, all moneys received in the state treasury from taxes levied | 69499 |
| under section 5728.06 of the Revised Code and fees assessed under | 69500 |
| section 5728.03 of the Revised Code that are not required to be | 69501 |
| placed to the credit of the tax refund fund as provided by this | 69502 |
| section shall be credited to the highway operating fund created by | 69503 |
| section 5735.291 of the Revised Code, except as provided by the | 69504 |
| following paragraph of this section. | 69505 |
| From the date of the receipt by the treasurer of state of | 69506 |
| certifications from the commissioners of the sinking fund, as | 69507 |
| required by sections 5528.18 and 5528.39 of the Revised Code, | 69508 |
| certifying that the moneys to the credit of the highway | 69509 |
| improvement bond retirement fund are sufficient to meet in full | 69510 |
| all payments of interest, principal, and charges for the | 69511 |
| retirement of all bonds and other obligations that may be issued | 69512 |
| pursuant to Section 2g of Article VIII, Ohio Constitution, and | 69513 |
| sections 5528.10 and 5528.11 of the Revised Code, and to the | 69514 |
| credit of the highway obligations bond retirement fund are | 69515 |
| sufficient to meet in full all payments of interest, principal, | 69516 |
| and charges for the retirement of all obligations issued pursuant | 69517 |
| to Section 2i of Article VIII, Ohio Constitution, and sections | 69518 |
| 5528.30 and 5528.31 of the Revised Code, all moneys received in | 69519 |
| the state treasury from the taxes levied under section 5728.06 and | 69520 |
| fees assessed under section 5728.03 of the Revised Code that are | 69521 |
| not required to be placed to the credit of the tax refund fund as | 69522 |
| provided by this section, shall be deposited to the credit of the | 69523 |
| highway operating fund. | 69524 |
| | 69525 |
| 69526 | |
| 69527 |
| Sec. 5728.99. (A)(1) Except as provided in division (A)(2) | 69528 |
| of this section, whoever violates any provision of sections | 69529 |
| 5728.01 to 5728.14 of the Revised Code, or any rule promulgated by | 69530 |
| the tax commissioner under the authority of any provision of those | 69531 |
| sections, for the violation of which no penalty is provided | 69532 |
| elsewhere, | 69533 |
| 69534 | |
| degree. | 69535 |
| (2) Division (A)(1) of this section does not apply to the | 69536 |
| filing of any false or fraudulent return, application, or permit | 69537 |
| under section 5728.02, 5728.03, or 5728.08 of the Revised Code. | 69538 |
| The filing of any false or fraudulent return, application, or | 69539 |
| permit under any of those sections is a violation of section | 69540 |
| 2921.13 of the Revised Code. | 69541 |
| (B)(1) Whoever violates division (A)(1) of section 5728.04 of | 69542 |
| the Revised Code
is guilty of a misdemeanor of the | 69543 |
| degree. | 69544 |
| (2) Whoever violates division (A)(2) of section 5728.04 of | 69545 |
| the Revised Code is guilty of a misdemeanor of the first degree. | 69546 |
| Sec. 5729.032. A refundable credit granted by the tax credit | 69547 |
| authority under section 122.17 of the Revised Code may be claimed | 69548 |
| against the tax imposed by section 5729.03 of the Revised Code. | 69549 |
| Sec. 5729.08. (A) As used in this section, "tax otherwise | 69550 |
| due" means the tax imposed on a foreign insurance company under | 69551 |
| section 5729.03 of the Revised Code reduced by the total amount of | 69552 |
| all other nonrefundable credits, if any, that the foreign | 69553 |
| insurance company is entitled to claim. | 69554 |
| (B) Upon the issuance of a tax credit certificate by the Ohio | 69555 |
| venture capital authority under section 150.07 of the Revised | 69556 |
| Code, a credit may be claimed against the tax imposed on a foreign | 69557 |
| insurance company under section 5729.03 of the Revised Code. The | 69558 |
| credit shall be claimed in the calendar year specified in the | 69559 |
| certificate issued by the authority. | 69560 |
| (C) If the company elected a refundable credit under section | 69561 |
| 150.07 of the Revised Code and if the amount of the credit shown | 69562 |
| on the certificate does not exceed the tax otherwise due, then for | 69563 |
| the calendar year the company shall claim a refundable credit | 69564 |
| equal to the amount of the credit shown on the certificate. | 69565 |
| (D) If the company elected a refundable credit under section | 69566 |
| 150.07 of the Revised Code, and the amount of the credit shown on | 69567 |
| the certificate exceeds the tax otherwise due | 69568 |
| 69569 | |
| company | 69570 |
| 69571 | |
| of the following: | 69572 |
| (1) The amount, if any, of the tax otherwise due; | 69573 |
| (2) Seventy-five per cent of the difference between the | 69574 |
| amount of the refundable credit shown on the certificate and the | 69575 |
| tax otherwise due. | 69576 |
| (E) If the company elected a nonrefundable credit, the amount | 69577 |
| of the credit shown on the certificate shall not exceed the amount | 69578 |
| of tax otherwise due. If the company elected a nonrefundable | 69579 |
| credit and the credit to which the company would otherwise be | 69580 |
| entitled under this section for any calendar year is greater than | 69581 |
| the tax otherwise due | 69582 |
| the excess shall be allowed as a nonrefundable credit in each of | 69583 |
| the ensuing ten calendar years, but the amount of any excess | 69584 |
| credit allowed in the ensuing calendar year shall be deducted from | 69585 |
| the balance carried forward to the next calendar year. | 69586 |
| Sec. 5731.01. As used in this chapter: | 69587 |
| (A) The "value of the gross estate" of the decedent shall | 69588 |
| include, to the extent provided in sections 5731.03 to 5731.131 of | 69589 |
| the Revised Code, the value, on the | 69590 |
| death or on an alternate valuation date prescribed by division (D) | 69591 |
| of this section, of all property, real or personal, tangible or | 69592 |
| intangible, wherever situated, except real property situated and | 69593 |
| tangible personal property having an actual situs outside of this | 69594 |
| state. | 69595 |
| (B) Subject to the provisions of section 5731.011 of the | 69596 |
| Revised Code that permit a valuation of qualified farm property at | 69597 |
| its value for its actual qualified use, the value of any property | 69598 |
| included in the gross estate shall be the price at which such | 69599 |
| property would change hands between a willing buyer and a willing | 69600 |
| seller, neither being under any compulsion to buy or sell and both | 69601 |
| having reasonable knowledge of relevant facts. All relevant facts | 69602 |
| and elements of value as of the valuation date shall be considered | 69603 |
| in determining such value. | 69604 |
| The rulings and regulations of the internal revenue service | 69605 |
| and decisions of the federal courts defining the principles | 69606 |
| applicable in determining fair market value for purposes of the | 69607 |
| federal estate tax imposed by Subchapter A, Chapter 11 of the | 69608 |
|
Internal Revenue Code | 69609 |
| be applied in determining fair market value for purposes of the | 69610 |
| estate taxes imposed by this chapter, to the extent that these | 69611 |
| rulings, regulations, and decisions are not inconsistent with the | 69612 |
| express provisions of this chapter, but the actual determination | 69613 |
| of the fair market value by the internal revenue service of any | 69614 |
| asset included in the gross estate is not controlling for purposes | 69615 |
| of the estate taxes imposed by this chapter, unless the person | 69616 |
| filing the estate tax return and the tax commissioner have agreed | 69617 |
| in writing to be bound by the federal determination, as provided | 69618 |
| in section 5731.26 of the Revised Code. | 69619 |
| (C) In the case of stock and securities of a corporation the | 69620 |
| value of which, by reason of their not being listed on an exchange | 69621 |
| and by reason of the absence of sales of them, cannot be | 69622 |
| determined with reference to bid and asked prices, or with | 69623 |
| reference to sales prices, the value of them shall be determined | 69624 |
| by taking into consideration, in addition to all other factors, | 69625 |
| the value of stock or securities of corporations engaged in the | 69626 |
| same or a similar line of business which are listed on an exchange | 69627 |
| or which are traded actively in the over-the-counter market. | 69628 |
| If a valuation of securities is undertaken by reference to | 69629 |
| market transactions and if the block of securities to be valued is | 69630 |
| so large in relation to actual sales on existing markets that it | 69631 |
| could not be liquidated in a reasonable time without depressing | 69632 |
| the market, the price at which the block could be sold, as such, | 69633 |
| outside the usual market, as through an underwriter, shall be | 69634 |
| considered in determining the value of such block of securities. | 69635 |
| (D) "Alternate valuation date" means the date for valuation | 69636 |
| of a gross estate permitted by filing an election under this | 69637 |
| division. Whether or not an alternate valuation date election is | 69638 |
| available to an estate for federal estate tax purposes or, if | 69639 |
| available, is made for the estate, the value of the gross estate | 69640 |
| may be determined, if the person required to file the estate tax | 69641 |
| return so elects, by valuing all the property included in the | 69642 |
| gross estate on the alternate date, if any, provided in section | 69643 |
| 2032 (a) of the Internal Revenue Code | 69644 |
| 69645 | |
| tax purposes, to the estates of persons dying on the decedent's | 69646 |
| date of death. | 69647 |
| No deduction under this chapter of any item shall be allowed | 69648 |
| if allowance is, in effect, given by use of the alternate | 69649 |
| valuation date. In the determination of any tax liability of any | 69650 |
| estate in which an election is filed under this division, all | 69651 |
|
provisions in this chapter | 69652 |
| of the decedent's death shall be construed for all purposes to | 69653 |
| mean the value of such property used in determining the value of | 69654 |
| the gross estate. For the purposes of the charitable deduction | 69655 |
| under section 5731.17 of the Revised Code, any bequest, legacy, | 69656 |
| devise, or transfer enumerated in it shall be valued as of the | 69657 |
| date of the decedent's death with adjustment for any difference in | 69658 |
| value, not due to mere lapse of time or the occurrence or | 69659 |
| nonoccurrence of a contingency, of the property as of the date six | 69660 |
| months after the decedent's death, or in case of its earlier | 69661 |
| disposition, on such date of disposition. | 69662 |
| An election under this division shall be exercised on the | 69663 |
| estate tax return by the person required to file the return. When | 69664 |
| made, an election under this division is irrevocable. An election | 69665 |
| cannot be exercised under this division if a return is filed more | 69666 |
| than one year after the time prescribed, including any extensions | 69667 |
| of time granted, pursuant to law for filing the return. | 69668 |
| (E) Unless otherwise indicated by the context, "county" means | 69669 |
| one of the following: | 69670 |
| (1) The county in which the decedent's estate is | 69671 |
| administered; | 69672 |
| (2) If no administration of the decedent's estate is being | 69673 |
|
had, the county of residence of the decedent at the time of | 69674 |
| death; | 69675 |
| (3) If the decedent dies a resident of another state, any | 69676 |
| county in which any property subject to tax is located. | 69677 |
| (F) "Internal Revenue Code" means the "Internal Revenue Code | 69678 |
| of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended. | 69679 |
| Sec. 5731.05. (A) Except as provided in divisions (B) and | 69680 |
| (C) of this section, the value of the gross estate shall include | 69681 |
| the value of all property, to the extent of any interest in | 69682 |
| property, of which the decedent has at any time made a transfer, | 69683 |
|
by trust or otherwise, in contemplation of | 69684 |
| (B) Any transfer, except as provided in division (C) of this | 69685 |
| section, by trust or otherwise, made within a period of three | 69686 |
| years ending with the date of the decedent's death shall be deemed | 69687 |
| to have been made in contemplation of death, unless the contrary | 69688 |
| is shown. No transfer made before that three-year period shall be | 69689 |
| treated as having been made in contemplation of death. | 69690 |
| (C) This section does not apply to any of the following: | 69691 |
| (1) A bona fide sale for an adequate and full consideration | 69692 |
| in money or money's worth; | 69693 |
| (2) A transfer of property that would not be included in the | 69694 |
| decedent's gross estate if retained by | 69695 |
| death; | 69696 |
| (3) The first ten thousand dollars of the transfers that were | 69697 |
| made by the decedent to each transferee, other than the spouse of | 69698 |
| the decedent, in each calendar year, but only to the extent that | 69699 |
| those transfers qualify as present interests under section 2503(b) | 69700 |
| and (c) of the | 69701 |
| 69702 | |
| does not apply to any portion of a transfer that is treated as | 69703 |
| being made by the spouse of the decedent under section 2513 of the | 69704 |
| 69705 |
| (4) A transfer of property made to the spouse of the | 69706 |
| transferor, except as provided in section 5731.131 of the Revised | 69707 |
| Code; | 69708 |
| (5) Federal or state gift taxes paid with respect to any | 69709 |
| includible transfer. | 69710 |
| | 69711 |
| 69712 | |
| 69713 | |
| 69714 |
| Sec. 5731.131. | 69715 |
| include the value of any property in which the decedent had an | 69716 |
| income interest for life as follows: | 69717 |
| | 69718 |
| transfer of such property to the decedent under section 2523(f) of | 69719 |
| the | 69720 |
| 69721 | |
| taxable estate of the decedent's predeceasing spouse; | 69722 |
| | 69723 |
| resident of this state at
the time of | 69724 |
| deduction was allowed with respect to the transfer of such | 69725 |
| property to the decedent under section 2056(b)(7) of the
| 69726 |
| Revenue Code | 69727 |
| connection with the determination of the value of the taxable | 69728 |
| estate of the decedent's predeceasing spouse; | 69729 |
| | 69730 |
| July 1, 1993, and if a marital deduction was allowed with respect | 69731 |
| to the transfer of such property to the decedent under division | 69732 |
| (A)(1) of section 5731.15 of the Revised Code as it existed prior | 69733 |
| to July 1, 1993, in connection with the determination of the value | 69734 |
| of the taxable estate of the decedent's predeceasing spouse; | 69735 |
| | 69736 |
| was allowed with respect to the transfer of such property to the | 69737 |
| decedent under division (B) of section 5731.15 of the Revised | 69738 |
| Code, in connection with the determination of the value of the | 69739 |
| taxable estate of the decedent's predeceasing spouse. | 69740 |
| | 69741 |
| 69742 | |
| 69743 | |
| 69744 |
| Sec. 5731.14. For purposes of the tax levied by section | 69745 |
| 5731.02 of the Revised Code, the value of the taxable estate shall | 69746 |
| be determined by deducting from the value of the gross estate | 69747 |
| deductions provided for in sections 5731.15
to 5731.17 | 69748 |
| of the Revised Code. | 69749 |
| Sec. 5731.18. (A) In addition to the tax levied by section | 69750 |
| 5731.02 of the Revised Code, a tax is hereby levied upon the | 69751 |
| transfer of the estate of every person dying on or after July 1, | 69752 |
| 1968, who, at the time of | 69753 |
| in an amount equal to the maximum credit allowable by subtitle B, | 69754 |
| 69755 | |
| 69756 |
| (B) The tax levied on any estate under this section shall be | 69757 |
| credited with the amount of the tax levied under section 5731.02 | 69758 |
| of the Revised Code and with the amount of any estate, | 69759 |
| inheritance, legacy, or succession taxes actually paid to any | 69760 |
| state or territory of the United States or to the District of | 69761 |
| Columbia on any property included in the decedent's gross estate | 69762 |
| for federal estate tax purposes. | 69763 |
| (C) The additional tax levied under this section shall be | 69764 |
| administered, collected, and paid as provided in section 5731.24 | 69765 |
| of the Revised Code. | 69766 |
| Sec. 5731.181. (A) For purposes of this section, | 69767 |
| "generation-skipping transfer," "taxable distribution," and | 69768 |
| "taxable termination" have the same meaning as in Chapter 13 of | 69769 |
|
subtitle B of the Internal Revenue Code | 69770 |
| 69771 |
| (B) A tax is hereby levied upon every generation-skipping | 69772 |
| transfer of property having a situs in this state, that occurs at | 69773 |
| the same time as, and as a result of, the death of an individual, | 69774 |
| in an amount equal to the credit allowed by Chapter 13 of subtitle | 69775 |
| B of the Internal Revenue Code | 69776 |
| 69777 | |
| of any property included in the generation-skipping transfer. | 69778 |
| For purposes of this division, "property having a situs in | 69779 |
| this state" includes all the following: | 69780 |
| (1) Real property situated in this state; | 69781 |
| (2) Tangible personal property having an actual situs in this | 69782 |
| state; | 69783 |
| (3) Intangible personal property employed in carrying on a | 69784 |
| business in this state; | 69785 |
| (4) Intangible personal property owned by a trust, the | 69786 |
| trustee of which resides in or has its principal place of business | 69787 |
| in this state, or, if there is more than one trustee of the trust, | 69788 |
| the principal place of administration of which is in this state. | 69789 |
| (C) The return with respect to the generation-skipping tax | 69790 |
| levied by division (B) of this section shall be filed in the form | 69791 |
| that the tax commissioner shall prescribe, on or before the day | 69792 |
| prescribed by law, including extensions, for filing the | 69793 |
| generation-skipping transfer tax return under Chapter 13 of | 69794 |
|
subtitle B of the Internal Revenue Code | 69795 |
| 69796 | |
| transfer. The return shall be filed by the distributee in the case | 69797 |
| of a taxable distribution and by the trustee in the case of a | 69798 |
| taxable termination. | 69799 |
| (D) The generation-skipping tax levied by division (B) of | 69800 |
| this section shall be paid, without notice or demand by the tax | 69801 |
| commissioner, with the return, and shall be charged, collected, | 69802 |
| and administered in the same manner as estate taxes levied by this | 69803 |
| chapter. This chapter is generally applicable to, except to the | 69804 |
| extent it is inconsistent with the nature of, the | 69805 |
| generation-skipping tax. | 69806 |
| (E) If another state levies a generation-skipping tax on a | 69807 |
| transfer described in division (B) of this section, the tax | 69808 |
| commissioner may enter into a compromise of the | 69809 |
| generation-skipping tax levied by division (B) of this section in | 69810 |
| the manner provided in section 5731.35 of the Revised Code, except | 69811 |
| that no approval of any probate court is required. If such a | 69812 |
| compromise agreement is made, no interest and penalties shall | 69813 |
| accrue for the period prior to the execution of the agreement and | 69814 |
| for sixty days after its execution. | 69815 |
| Sec. 5731.39. (A) No corporation organized or existing under | 69816 |
| the laws of this state shall transfer on its books or issue a new | 69817 |
| certificate for any share of its capital stock registered in the | 69818 |
| name of a decedent, or in trust for a decedent, or in the name of | 69819 |
| a decedent and another person or persons, without the written | 69820 |
| consent of the tax commissioner. | 69821 |
| (B) No safe deposit company, trust company, financial | 69822 |
| institution as defined in division (A) of section 5725.01 of the | 69823 |
| Revised Code or other corporation or person, having in possession, | 69824 |
| control, or custody a deposit standing in the name of a decedent, | 69825 |
| or in trust for a decedent, or in the name of a decedent and | 69826 |
| another person or persons, shall deliver or transfer an amount in | 69827 |
| excess of three-fourths of the total value of such deposit, | 69828 |
| including accrued interest and dividends, as of the date of | 69829 |
| decedent's death, without the written consent of the tax | 69830 |
| commissioner. The written consent of the tax commissioner need not | 69831 |
| be obtained prior to the delivery or transfer of amounts having a | 69832 |
| value of three-fourths or less of said total value. | 69833 |
| (C) No life insurance company shall pay the proceeds of an | 69834 |
| annuity or matured endowment contract, or of a life insurance | 69835 |
| contract payable to the estate of a decedent, or of any other | 69836 |
| insurance contract taxable under Chapter 5731. of the Revised | 69837 |
| Code, without the written consent of the tax commissioner. Any | 69838 |
| life insurance company may pay the proceeds of any insurance | 69839 |
| contract not specified in this division (C) without the written | 69840 |
| consent of the tax commissioner. | 69841 |
| (D) No trust company or other corporation or person shall pay | 69842 |
| the proceeds of any death benefit, retirement, pension or profit | 69843 |
| sharing plan in excess of two thousand dollars, without the | 69844 |
| written consent of the tax commissioner. Such trust company or | 69845 |
| other corporation or person, however, may pay the proceeds of any | 69846 |
| death benefit, retirement, pension, or profit-sharing plan which | 69847 |
| consists of insurance on the life of the decedent payable to a | 69848 |
| beneficiary other than the estate of the insured without the | 69849 |
| written consent of the tax commissioner. | 69850 |
| (E) No safe deposit company, trust company, financial | 69851 |
| institution as defined in division (A) of section 5725.01 of the | 69852 |
| Revised Code, or other corporation or person, having in | 69853 |
| possession, control, or custody securities, assets, or other | 69854 |
| property (including the shares of the capital stock of, or other | 69855 |
| interest in, such safe deposit company, trust company, financial | 69856 |
| institution as defined in division (A) of section 5725.01 of the | 69857 |
| Revised Code, or other corporation), standing in the name of a | 69858 |
| decedent, or in trust for a decedent, or in the name of a decedent | 69859 |
| and another person or persons, and the transfer of which is | 69860 |
| taxable under Chapter 5731. of the Revised Code, shall deliver or | 69861 |
| transfer any such securities, assets, or other property which have | 69862 |
| a value as of the date of decedent's death in excess of | 69863 |
| three-fourths of the total value thereof, without the written | 69864 |
| consent of the tax commissioner. The written consent of the tax | 69865 |
| commissioner need not be obtained prior to the delivery or | 69866 |
| transfer of any such securities, assets, or other property having | 69867 |
| a value of three-fourths or less of said total value. | 69868 |
| (F) No safe deposit company, financial institution as defined | 69869 |
| in division (A) of section 5725.01 of the Revised Code, or other | 69870 |
| corporation or person having possession or control of a safe | 69871 |
| deposit box or similar receptacle standing in the name of a | 69872 |
| decedent or in the name of the decedent and another person or | 69873 |
| persons, or to which the decedent had a right of access, except | 69874 |
| when such safe deposit box or other receptacle stands in the name | 69875 |
| of a corporation or partnership, or in the name of the decedent as | 69876 |
| guardian or executor, shall deliver any of the contents thereof | 69877 |
| unless the safe deposit box or similar receptacle has been opened | 69878 |
| and inventoried in the presence of the tax commissioner or the | 69879 |
| commissioner's agent, and a written consent to transfer issued; | 69880 |
| provided, however, that a safe deposit company, financial | 69881 |
| institution, or other corporation or person having possession or | 69882 |
| control of a safe deposit box may deliver wills, deeds to burial | 69883 |
| lots, and insurance policies to a representative of the decedent, | 69884 |
| but that a representative of the safe deposit company, financial | 69885 |
| institution, or other corporation or person must supervise the | 69886 |
| opening of the box and make a written record of the wills, deeds, | 69887 |
| and policies removed. Such written record shall be included in the | 69888 |
| tax commissioner's inventory records. | 69889 |
| (G) Notwithstanding any provision of this section: | 69890 |
| (1) The tax commissioner may authorize any delivery or | 69891 |
| transfer or waive any of the foregoing requirements under such | 69892 |
| terms and conditions as the commissioner may prescribe; | 69893 |
| (2) An adult care facility, as defined in section 3722.01 of | 69894 |
| the Revised Code, or a home, as defined in section 3721.10 of the | 69895 |
| Revised Code, may transfer or use the money in a personal needs | 69896 |
| allowance account in accordance with section | 69897 |
| the Revised Code without the written consent of the tax | 69898 |
| commissioner, and without the account having been opened and | 69899 |
| inventoried in the presence of the commissioner or the | 69900 |
| commissioner's agent. | 69901 |
| Failure to comply with this section shall render such safe | 69902 |
| deposit company, trust company, life insurance company, financial | 69903 |
| institution as defined in division (A) of section 5725.01 of the | 69904 |
| Revised Code, or other corporation or person liable for the amount | 69905 |
| of the taxes and interest due under the provisions of Chapter | 69906 |
| 5731. of the Revised Code on the transfer of such stock, deposit, | 69907 |
| proceeds of an annuity or matured endowment contract or of a life | 69908 |
| insurance contract payable to the estate of a decedent, or other | 69909 |
| insurance contract taxable under Chapter 5731. of the Revised | 69910 |
| Code, proceeds of any death benefit, retirement, pension, or | 69911 |
| profit sharing plan in excess of two thousand dollars, or | 69912 |
| securities, assets, or other property of any resident decedent, | 69913 |
| and in addition thereto, to a penalty of not less than five | 69914 |
| hundred or more than five thousand dollars. | 69915 |
| Sec. 5731.41. To enforce section 5731.39 of the Revised | 69916 |
| Code, and to administer Chapters 5713. and 4503. of the Revised | 69917 |
| Code the tax commissioner may appoint agents in the unclassified | 69918 |
| civil service who shall perform such duties as are prescribed by | 69919 |
| the commissioner. Such agents shall, as compensation, receive | 69920 |
| annually eight cents per capita for each full one thousand of the | 69921 |
| first twenty thousand of the population of the county and two | 69922 |
| cents per capita for each full one thousand over twenty thousand | 69923 |
| of the population of the county, as shown by the last federal | 69924 |
| census, which shall be paid in equal monthly installments from the | 69925 |
| undivided inheritance or estate tax in the county treasury on the | 69926 |
| warrant of the county auditor or from the county real estate | 69927 |
| assessment fund pursuant to division (B)(6) of section 325.31 of | 69928 |
| the Revised Code, any other provision of law to the contrary | 69929 |
| notwithstanding. The amount paid to any agent in the unclassified | 69930 |
| service for all of the duties performed | 69931 |
| under this section, as directed by the commissioner, shall not | 69932 |
| exceed three thousand nor be less than twelve hundred dollars in | 69933 |
| any calendar year. | 69934 |
| Sec. 5731.99. Whoever violates this chapter, or any lawful | 69935 |
| rule promulgated by the tax commissioner under authority of this | 69936 |
| chapter, for the violation of which no other penalty is provided | 69937 |
|
in this chapter, shall be fined not less
than | 69938 |
| more
than | 69939 |
| Sec. 5733.01. (A) The tax provided by this chapter for | 69940 |
| domestic corporations shall be the amount charged against each | 69941 |
| corporation organized for profit under the laws of this state and | 69942 |
| each nonprofit corporation organized pursuant to Chapter 1729. of | 69943 |
| the Revised Code, except as provided in sections 5733.09 and | 69944 |
| 5733.10 of the Revised Code, for the privilege of exercising its | 69945 |
| franchise during the calendar year in which that amount is | 69946 |
| payable, and the tax provided by this chapter for foreign | 69947 |
| corporations shall be the amount charged against each corporation | 69948 |
| organized for profit and each nonprofit corporation organized or | 69949 |
| operating in the same or similar manner as nonprofit corporations | 69950 |
| organized under Chapter 1729. of the Revised Code, under the laws | 69951 |
| of any state or country other than this state, except as provided | 69952 |
| in sections 5733.09 and 5733.10 of the Revised Code, for the | 69953 |
| privilege of doing business in this state, owning or using a part | 69954 |
| or all of its capital or property in this state, holding a | 69955 |
| certificate of compliance with the laws of this state authorizing | 69956 |
| it to do business in this state, or otherwise having nexus in or | 69957 |
| with this state under the Constitution of the United States, | 69958 |
| during the calendar year in which that amount is payable. | 69959 |
| (B) A corporation is subject to the tax imposed by section | 69960 |
| 5733.06 of the Revised Code for each calendar year that it is so | 69961 |
| organized, doing business, owning or using a part or all of its | 69962 |
| capital or property, holding a certificate of compliance, or | 69963 |
| otherwise having nexus in or with this state under the | 69964 |
| Constitution of the United States, on the first day of January of | 69965 |
| that calendar year. | 69966 |
| (C) Any corporation subject to this chapter that is not | 69967 |
| subject to the federal income tax shall file its returns and | 69968 |
| compute its tax liability as required by this chapter in the same | 69969 |
| manner as if that corporation were subject to the federal income | 69970 |
| tax. | 69971 |
| (D) For purposes of this chapter, a federally chartered | 69972 |
| financial institution shall be deemed to be organized under the | 69973 |
| laws of the state within which its principal office is located. | 69974 |
| (E) | 69975 |
| in section 5701.01 of the Revised Code, shall be treated as a | 69976 |
|
corporation
| 69977 |
| classified for federal income tax purposes as an association | 69978 |
| taxable as a corporation, and an equity interest in the person | 69979 |
| shall be treated as capital stock of the person. | 69980 |
| (F) For the purposes of this chapter, "disregarded entity" | 69981 |
| has the same meaning as in division (D) of section 5745.01 of the | 69982 |
| Revised Code. | 69983 |
| (1) A person's interest in a disregarded entity, whether held | 69984 |
| directly or indirectly, shall be treated as the person's ownership | 69985 |
| of the assets and liabilities of the disregarded entity, and the | 69986 |
| income, including gain or loss, shall be included in the person's | 69987 |
| net income under this chapter. | 69988 |
| (2) Any sale, exchange, or other disposition of the person's | 69989 |
| interest in the disregarded entity, whether held directly or | 69990 |
| indirectly, shall be treated as a sale, exchange, or other | 69991 |
| disposition of the person's share of the disregarded entity's | 69992 |
| underlying assets or liabilities, and the gain or loss from such | 69993 |
| sale, exchange, or disposition shall be included in the person's | 69994 |
| net income under this chapter. | 69995 |
| (3) The disregarded entity's payroll, property, and sales | 69996 |
| factors shall be included in the person's factors. | 69997 |
| (G) The tax a corporation is required to pay under this | 69998 |
| chapter shall be as follows: | 69999 |
| (1)(a) For financial institutions, the greater of the minimum | 70000 |
| payment required under division (E) of section 5733.06 of the | 70001 |
| Revised Code or the difference between all taxes charged the | 70002 |
| financial institution under this chapter, without regard to | 70003 |
| division (G)(2) of this section, less any credits allowable | 70004 |
| against such tax. | 70005 |
| (b) A corporation satisfying the description in division | 70006 |
| (E)(5), (6), (7), or (8) of section 5751.01 of the Revised Code | 70007 |
| that is not a financial institution, insurance company, or dealer | 70008 |
| in intangibles is subject to the taxes imposed under this chapter | 70009 |
| as a corporation and not subject to tax as a financial | 70010 |
| institution, and shall pay the greater of the minimum payment | 70011 |
| required under division (E) of section 5733.06 of the Revised Code | 70012 |
| or the difference between all the taxes charged under this | 70013 |
| chapter, without regard to division (G)(2) of this section, less | 70014 |
| any credits allowable against such tax. | 70015 |
| (2) For all corporations other than those persons described | 70016 |
| in division (G)(1)(a) or (b) of this section, the amount under | 70017 |
| division (G)(2)(a) of this section applicable to the tax year | 70018 |
| specified less the amount under division (G)(2)(b) of this | 70019 |
| section: | 70020 |
| (a)(i) For tax year 2005, the greater of the minimum payment | 70021 |
| required under division (E) of section 5733.06 of the Revised Code | 70022 |
| or the difference between all taxes charged the corporation under | 70023 |
| this chapter and any credits allowable against such tax; | 70024 |
| (ii) For tax year 2006, the greater of the minimum payment | 70025 |
| required under division (E) of section 5733.06 of the Revised Code | 70026 |
| or four-fifths of the difference between all taxes charged the | 70027 |
| corporation under this chapter and any credits allowable against | 70028 |
| such tax except the qualifying pass-through entity tax credit | 70029 |
| described in division (A)(1) and the refundable credits described | 70030 |
| in divisions (A)(29), (30), and (31) of section 5733.98 of the | 70031 |
| Revised Code; | 70032 |
| (iii) For tax year 2007, the greater of the minimum payment | 70033 |
| required under division (E) of section 5733.06 of the Revised Code | 70034 |
| or three-fifths of the difference between all taxes charged the | 70035 |
| corporation under this chapter and any credits allowable against | 70036 |
| such tax except the qualifying pass-through entity tax credit | 70037 |
| described in division (A)(1) and the refundable credits described | 70038 |
| in divisions (A)(29), (30), and (31) of section 5733.98 of the | 70039 |
| Revised Code; | 70040 |
| (iv) For tax year 2008, the greater of the minimum payment | 70041 |
| required under division (E) of section 5733.06 of the Revised Code | 70042 |
| or two-fifths of the difference between all taxes charged the | 70043 |
| corporation under this chapter any any credits allowable against | 70044 |
| such tax except the qualifying pass-through entity tax credit | 70045 |
| described in division (A)(1) and the refundable credits described | 70046 |
| in divisions (A)(29), (30), and (31) of section 5733.98 of the | 70047 |
| Revised Code; | 70048 |
| (v) For tax year 2009, the greater of the minimum payment | 70049 |
| required under division (E) of section 5733.06 of the Revised Code | 70050 |
| or one-fifth of the difference between all taxes charged the | 70051 |
| corporation under this chapter and any credits allowable against | 70052 |
| such tax except the qualifying pass-through entity tax credit | 70053 |
| described in division (A)(1) and the refundable credits described | 70054 |
| in divisions (A)(29), (30), and (31) of section 5733.98 of the | 70055 |
| Revised Code; | 70056 |
| (vi) For tax year 2010 and each tax year thereafter, no tax. | 70057 |
| (b) A corporation shall subtract from the amount calculated | 70058 |
| under division (G)(2)(a)(ii), (iii), (iv), or (v) of this section | 70059 |
| any qualifying pass-through entity tax credit described in | 70060 |
| division (A)(1) and any refundable credit described in division | 70061 |
| (A)(29), (30), or (31) of section 5733.98 of the Revised Code to | 70062 |
| which the corporation is entitled. Any unused qualifying | 70063 |
| pass-through entity tax credit is not refundable. | 70064 |
| (c) For the purposes of computing the amount of a credit that | 70065 |
| may be carried forward to a subsequent tax year under division | 70066 |
| (G)(2) of this section, a credit is utilized against the tax for a | 70067 |
| tax year to the extent the credit applies against the tax for that | 70068 |
| tax year, even if the difference is then multiplied by the | 70069 |
| applicable fraction under division (G)(2)(a) of this section. | 70070 |
| (3) Nothing in division (G) of this section eliminates or | 70071 |
| reduces the tax imposed by section 5733.41 of the Revised Code on | 70072 |
| a qualifying pass-through entity. | 70073 |
| Sec. 5733.065. (A) As used in this section, "litter stream | 70074 |
| products" means: | 70075 |
| (1) Intoxicating liquor, beer, wine, mixed beverages, or | 70076 |
| spirituous liquor as defined in section 4301.01 of the Revised | 70077 |
| Code; | 70078 |
| (2) Soft drinks as defined in section 913.22 of the Revised | 70079 |
| Code; | 70080 |
| (3) Glass, metal, plastic, or fiber containers with a | 70081 |
| capacity of less than two gallons sold for the purpose of being | 70082 |
| incorporated into or becoming a part of a product enumerated in | 70083 |
| divisions (A)(1) and (2) of this section; | 70084 |
| (4) Container crowns and closures sold for the purpose of | 70085 |
| being incorporated into or becoming a part of a product enumerated | 70086 |
| in divisions (A)(1) and (2) of this section; | 70087 |
| (5) Packaging materials transferred or intended for transfer | 70088 |
| of use or possession in conjunction with retail sales of products | 70089 |
| enumerated in divisions (A)(1) and (2) of this section; | 70090 |
| (6) Packaging materials in the finished form in which they | 70091 |
| are to be used, including sacks, bags, cups, lids, straws, plates, | 70092 |
| wrappings, boxes, or containers of any type used in the packaging | 70093 |
| or serving of food or beverages, when the food or beverages are | 70094 |
| prepared for human consumption by a restaurant or take-out food | 70095 |
| outlet at the premises where sold at retail and are delivered to a | 70096 |
| purchaser for consumption off the premises where the food or | 70097 |
| beverages are sold; | 70098 |
| (7) Cigarettes, cigars, tobacco, matches, candy, and gum. | 70099 |
| (B) For the purpose of providing additional funding for
| 70100 |
| 70101 | |
| 70102 | |
| corporations for the privilege of manufacturing or selling litter | 70103 |
| stream products in this state. The tax imposed by this section is | 70104 |
| in addition to the tax charged under section 5733.06 of the | 70105 |
| Revised Code, computed at the rate prescribed by section 5733.066 | 70106 |
|
of the
Revised Code. | 70107 |
| 70108 | |
| 70109 |
| (C) The tax shall be imposed upon each corporation subject to | 70110 |
| the tax imposed by section 5733.06 of the Revised Code that | 70111 |
| manufactures or sells litter stream products in this state. The | 70112 |
| tax for each year shall be in an amount equal to the greater of | 70113 |
| either: | 70114 |
| (1) Twenty-two hundredths of one per cent upon the value of | 70115 |
| that portion of the taxpayer's issued and outstanding shares of | 70116 |
| stock as determined under division (B) of section 5733.05 of the | 70117 |
| Revised Code that is subject to the rate contained in division (B) | 70118 |
| of section 5733.06 of the Revised Code; | 70119 |
| (2) Fourteen one-hundredths of a mill times the value of the | 70120 |
| taxpayer's issued and outstanding shares of stock as determined | 70121 |
| under division (C) of section 5733.05 of the Revised Code. | 70122 |
| The additional tax charged any taxpayer or group of combined | 70123 |
| taxpayers pursuant to this section for any tax year shall not | 70124 |
| exceed five thousand dollars. | 70125 |
| (D)(1) In the case of a corporation engaged in the business | 70126 |
| of manufacturing litter stream products, no tax shall be due under | 70127 |
| this section unless the sale of litter stream products in this | 70128 |
| state during the taxable year exceeds five per cent of the total | 70129 |
| sales in this state of the corporation during that period or | 70130 |
| unless the total sales in this state of litter stream products by | 70131 |
| the corporation during the taxable year exceed ten million | 70132 |
| dollars. | 70133 |
| (2) In the case of a corporation engaged in the business of | 70134 |
| selling litter stream products in the form in which the item is or | 70135 |
| is to be received, no tax shall be due under this section unless | 70136 |
| the corporation's sales of litter stream products in this state | 70137 |
| during the taxable year constitute more than five per cent of its | 70138 |
| total sales in this state during that period. | 70139 |
| (3) In the case of a corporation transferring possession of | 70140 |
| litter stream products included in division (A)(6) of this | 70141 |
| section, in which food or beverages prepared for human consumption | 70142 |
| are placed, when the food or beverages are prepared for retail | 70143 |
| sale at the premises where sold and are delivered to a purchaser | 70144 |
| for consumption off the premises where the food or beverages are | 70145 |
| sold, no tax shall be due under this section unless such sales for | 70146 |
| off-premises consumption during the taxable year exceed five per | 70147 |
| cent of the corporation's total annual sales during the taxable | 70148 |
| year. | 70149 |
| (E)(1) The tax imposed by this section is due in the | 70150 |
| proportions and on the dates on which the tax imposed by section | 70151 |
| 5733.06 of the Revised Code may be paid without penalty. | 70152 |
| (2) Payment of the tax and any reports or returns required to | 70153 |
| enable the tax commissioner to determine the correct amount of the | 70154 |
| tax shall be submitted with and are due at the same time as | 70155 |
| payments and reports required to be submitted under this chapter. | 70156 |
| (3) If the tax is not paid in full on or before the date | 70157 |
| required by division (E)(1) of this section, the unpaid portion of | 70158 |
| the tax due and unpaid shall be subject to all provisions of this | 70159 |
| chapter for the collection of unpaid, delinquent taxes imposed by | 70160 |
| section 5733.06 of the Revised Code, except that all such taxes, | 70161 |
| interest, and penalties, when collected, shall be treated as | 70162 |
| proceeds arising from the tax imposed by this section and shall be | 70163 |
| deposited in the general revenue fund. | 70164 |
| The tax levied on corporations under this section does not | 70165 |
| prohibit or otherwise limit the authority of municipal | 70166 |
| corporations to impose an income tax on the income of such | 70167 |
| corporations. | 70168 |
| Sec. 5733.066. There shall be added to the rates contained | 70169 |
| in section 5733.06 of the Revised Code the following: | 70170 |
| (A) To the rate in division (A) of that section upon that | 70171 |
| portion of the value of the taxpayer's issued and outstanding | 70172 |
| shares of stock as determined under division (B) of section | 70173 |
| 5733.05 of the Revised Code that is subject to such rate, an | 70174 |
| additional eleven-hundredths per cent upon that value to provide | 70175 |
|
funding for | 70176 |
| 70177 |
| (B) To the rate in division (B) of that section upon that | 70178 |
| portion of the value so determined that is subject to that rate, | 70179 |
| an additional twenty-two-hundredths per cent upon that value to | 70180 |
|
provide funding for | 70181 |
| 70182 |
| (C) To the rate in division (C) of that section times that | 70183 |
| portion of the value of the taxpayer's issued and outstanding | 70184 |
| shares of stock as determined under division (C) of section | 70185 |
| 5733.05 of the Revised Code, an additional fourteen one-hundredths | 70186 |
| mills times that value to provide funding for | 70187 |
| recycling and litter prevention | 70188 |
| 70189 |
| The additional tax charged any taxpayer or group of combined | 70190 |
| taxpayers pursuant to this section for any tax year shall not | 70191 |
| exceed five thousand dollars. | 70192 |
| This section does not apply to any family farm corporation as | 70193 |
| defined in section 4123.01 of the Revised Code. | 70194 |
| The tax levied on corporations under this section does not | 70195 |
| prohibit or otherwise limit the authority of municipal | 70196 |
| corporations to impose an income tax on the income of such | 70197 |
| corporations. | 70198 |
| Sec. 5733.33. (A) As used in this section: | 70199 |
| (1) "Manufacturing machinery and equipment" means engines and | 70200 |
| machinery, and tools and implements, of every kind used, or | 70201 |
| designed to be used, in refining and manufacturing. "Manufacturing | 70202 |
| machinery and equipment" does not include property acquired after | 70203 |
| December 31, 1999, that is used: | 70204 |
| (a) For the transmission and distribution of electricity; | 70205 |
| (b) For the generation of electricity, if fifty per cent or | 70206 |
| more of the electricity that the property generates is consumed, | 70207 |
| during the one-hundred-twenty-month period commencing with the | 70208 |
| date the property is placed in service, by persons that are not | 70209 |
| related members to the person who generates the electricity. | 70210 |
| (2) "New manufacturing machinery and equipment" means | 70211 |
| manufacturing machinery and equipment, the original use in this | 70212 |
| state of which commences with the taxpayer or with a partnership | 70213 |
| of which the taxpayer is a partner. "New manufacturing machinery | 70214 |
| and equipment" does not include property acquired after December | 70215 |
| 31, 1999, that is used: | 70216 |
| (a) For the transmission and distribution of electricity; | 70217 |
| (b) For the generation of electricity, if fifty per cent or | 70218 |
| more of the electricity that the property generates is consumed, | 70219 |
| during the one-hundred-twenty-month period commencing with the | 70220 |
| date the property is placed in service, by persons that are not | 70221 |
| related members to the person who generates the electricity. | 70222 |
| (3)(a) "Purchase" has the same meaning as in section | 70223 |
| 179(d)(2) of the Internal Revenue Code. | 70224 |
| (b) For purposes of this section, any property that is not | 70225 |
| manufactured or assembled primarily by the taxpayer is considered | 70226 |
| purchased at the time the agreement to acquire the property | 70227 |
| becomes binding. Any property that is manufactured or assembled | 70228 |
| primarily by the taxpayer is considered purchased at the time the | 70229 |
| taxpayer places the property in service in the county for which | 70230 |
| the taxpayer will calculate the county excess amount. | 70231 |
| (c) Notwithstanding section 179(d) of the Internal Revenue | 70232 |
| Code, a taxpayer's direct or indirect acquisition of new | 70233 |
| manufacturing machinery and equipment is not purchased on or after | 70234 |
| July 1, 1995, if the taxpayer, or a person whose relationship to | 70235 |
| the taxpayer is described in subparagraphs (A), (B), or (C) of | 70236 |
| section 179(d)(2) of the Internal Revenue Code, had directly or | 70237 |
| indirectly entered into a binding agreement to acquire the | 70238 |
| property at any time prior to July 1, 1995. | 70239 |
| (4) "Qualifying period" means the period that begins July 1, | 70240 |
|
1995, and ends | 70241 |
| (5) "County average new manufacturing machinery and equipment | 70242 |
| investment" means either of the following: | 70243 |
| (a) The average annual cost of new manufacturing machinery | 70244 |
| and equipment purchased for use in the county during baseline | 70245 |
| years, in the case of a taxpayer that was in existence for more | 70246 |
| than one year during baseline years. | 70247 |
| (b) Zero, in the case of a taxpayer that was not in existence | 70248 |
| for more than one year during baseline years. | 70249 |
| (6) "Partnership" includes a limited liability company formed | 70250 |
| under Chapter 1705. of the Revised Code or under the laws of any | 70251 |
| other state, provided that the company is not classified for | 70252 |
| federal income tax purposes as an association taxable as a | 70253 |
| corporation. | 70254 |
| (7) "Partner" includes a member of a limited liability | 70255 |
| company formed under Chapter 1705. of the Revised Code or under | 70256 |
| the laws of any other state, provided that the company is not | 70257 |
| classified for federal income tax purposes as an association | 70258 |
| taxable as a corporation. | 70259 |
| (8) "Distressed area" means either a municipal corporation | 70260 |
| that has a population of at least fifty thousand or a county that | 70261 |
| meets two of the following criteria of economic distress, or a | 70262 |
| municipal corporation the majority of the population of which is | 70263 |
| situated in such a county: | 70264 |
| (a) Its average rate of unemployment, during the most recent | 70265 |
| five-year period for which data are available, is equal to at | 70266 |
| least one hundred twenty-five per cent of the average rate of | 70267 |
| unemployment for the United States for the same period; | 70268 |
| (b) It has a per capita income equal to or below eighty per | 70269 |
| cent of the median county per capita income of the United States | 70270 |
| as determined by the most recently available figures from the | 70271 |
| United States census bureau; | 70272 |
| (c)(i) In the case of a municipal corporation, at least | 70273 |
| twenty per cent of the residents have a total income for the most | 70274 |
| recent census year that is below the official poverty line; | 70275 |
| (ii) In the case of a county, in intercensal years, the | 70276 |
| county has a ratio of transfer payment income to total county | 70277 |
| income equal to or greater than twenty-five per cent. | 70278 |
| (9) "Eligible area" means a distressed area, a labor surplus | 70279 |
| area, an inner city area, or a situational distress area. | 70280 |
| (10) "Inner city area" means, in a municipal corporation that | 70281 |
| has a population of at least one hundred thousand and does not | 70282 |
| meet the criteria of a labor surplus area or a distressed area, | 70283 |
| targeted investment areas established by the municipal corporation | 70284 |
| within its boundaries that are comprised of the most recent census | 70285 |
| block tracts that individually have at least twenty per cent of | 70286 |
| their population at or below the state poverty level or other | 70287 |
| census block tracts contiguous to such census block tracts. | 70288 |
| (11) "Labor surplus area" means an area designated as a labor | 70289 |
| surplus area by the United States department of labor. | 70290 |
| (12) "Official poverty line" has the same meaning as in | 70291 |
| division (A) of section 3923.51 of the Revised Code. | 70292 |
| (13) "Situational distress area" means a county or a | 70293 |
| municipal corporation that has experienced or is experiencing a | 70294 |
| closing or downsizing of a major employer, that will adversely | 70295 |
| affect the county's or municipal corporation's economy. In order | 70296 |
| to be designated as a situational distress area for a period not | 70297 |
| to exceed thirty-six months, the county or municipal corporation | 70298 |
| may petition the director of development. The petition shall | 70299 |
| include written documentation that demonstrates all of the | 70300 |
| following adverse effects on the local economy: | 70301 |
| (a) The number of jobs lost by the closing or downsizing; | 70302 |
| (b) The impact that the job loss has on the county's or | 70303 |
| municipal corporation's unemployment rate as measured by the state | 70304 |
| director of job and family services; | 70305 |
| (c) The annual payroll associated with the job loss; | 70306 |
| (d) The amount of state and local taxes associated with the | 70307 |
| job loss; | 70308 |
| (e) The impact that the closing or downsizing has on the | 70309 |
| suppliers located in the county or municipal corporation. | 70310 |
| (14) "Cost" has the same meaning and limitation as in section | 70311 |
| 179(d)(3) of the Internal Revenue Code. | 70312 |
| (15) "Baseline years" means: | 70313 |
| (a) Calendar years 1992, 1993, and 1994, with regard to a | 70314 |
| credit claimed for the purchase during calendar year 1995, 1996, | 70315 |
| 1997, or 1998 of new manufacturing machinery and equipment; | 70316 |
| (b) Calendar years 1993, 1994, and 1995, with regard to a | 70317 |
| credit claimed for the purchase during calendar year 1999 of new | 70318 |
| manufacturing machinery and equipment; | 70319 |
| (c) Calendar years 1994, 1995, and 1996, with regard to a | 70320 |
| credit claimed for the purchase during calendar year 2000 of new | 70321 |
| manufacturing machinery and equipment; | 70322 |
| (d) Calendar years 1995, 1996, and 1997, with regard to a | 70323 |
| credit claimed for the purchase during calendar year 2001 of new | 70324 |
| manufacturing machinery and equipment; | 70325 |
| (e) Calendar years 1996, 1997, and 1998, with regard to a | 70326 |
| credit claimed for the purchase during calendar year 2002 of new | 70327 |
| manufacturing machinery and equipment; | 70328 |
| (f) Calendar years 1997, 1998, and 1999, with regard to a | 70329 |
| credit claimed for the purchase during calendar year 2003 of new | 70330 |
| manufacturing machinery and equipment; | 70331 |
| (g) Calendar years 1998, 1999, and 2000, with regard to a | 70332 |
| credit claimed for the purchase during calendar year 2004 of new | 70333 |
| manufacturing machinery and equipment; | 70334 |
| (h) Calendar years 1999, 2000, and 2001, with regard to a | 70335 |
| credit
claimed for the purchase | 70336 |
| after January 1, 2005, and on or before June 30, 2005, of new | 70337 |
| manufacturing
machinery and equipment | 70338 |
| | 70339 |
| 70340 | |
| 70341 |
| | 70342 |
| 70343 | |
| 70344 |
| | 70345 |
| 70346 | |
| 70347 |
| | 70348 |
| 70349 | |
| 70350 |
| | 70351 |
| 70352 | |
| 70353 |
| | 70354 |
| 70355 | |
| 70356 |
| | 70357 |
| 70358 | |
| 70359 |
| | 70360 |
| 70361 | |
| 70362 |
| | 70363 |
| 70364 | |
| 70365 |
| | 70366 |
| 70367 | |
| 70368 |
| (16) "Related member" has the same meaning as in section | 70369 |
| 5733.042 of the Revised Code. | 70370 |
| (B)(1) Subject to division (I) of this section, a | 70371 |
| nonrefundable credit is allowed against the tax imposed by section | 70372 |
| 5733.06 of the Revised Code for a taxpayer that purchases new | 70373 |
| manufacturing machinery and equipment during the qualifying | 70374 |
| period, provided that the new manufacturing machinery and | 70375 |
|
equipment are installed in this state no later than
| 70376 |
| 70377 | |
| or section 5747.31 of the Revised Code for taxable years ending on | 70378 |
| or after July 1, 2005. The elimination of the credit for those | 70379 |
| taxable years includes the elimination of any remaining | 70380 |
| one-sevenths of credit amounts for which a portion was allowed for | 70381 |
| prior taxable years and the elimination of any credit | 70382 |
| carry-forward, but the purchases on which the credits were based | 70383 |
| remain subject to grants under section 122.173 of the Revised Code | 70384 |
| for those remaining one-seventh amounts or carry-forward amounts. | 70385 |
| (2)(a) Except as otherwise provided in division (B)(2)(b) of | 70386 |
| this section, a credit may be claimed under this section in excess | 70387 |
| of one million dollars only if the cost of all manufacturing | 70388 |
| machinery and equipment owned in this state by the taxpayer | 70389 |
| claiming the credit on the last day of the calendar year exceeds | 70390 |
| the cost of all manufacturing machinery and equipment owned in | 70391 |
| this state by the taxpayer on the first day of that calendar year. | 70392 |
| As used in division (B)(2)(a) of this section, "calendar | 70393 |
| year" means the calendar year in which the machinery and equipment | 70394 |
| for which the credit is claimed was purchased. | 70395 |
| (b) Division (B)(2)(a) of this section does not apply if the | 70396 |
| taxpayer claiming the credit applies for and is issued a waiver of | 70397 |
| the requirement of that division. A taxpayer may apply to the | 70398 |
| director of development for such a waiver in the manner prescribed | 70399 |
| by the director, and the director may issue such a waiver if the | 70400 |
| director determines that granting the credit is necessary to | 70401 |
| increase or retain employees in this state, and that the credit | 70402 |
| has not caused relocation of manufacturing machinery and equipment | 70403 |
| among counties within this state for the primary purpose of | 70404 |
| qualifying for the credit. | 70405 |
| (C)(1) Except as otherwise provided in division (C)(2) and | 70406 |
| division (I) of this section, the credit amount is equal to seven | 70407 |
| and one-half per cent of the excess of the cost of the new | 70408 |
| manufacturing machinery and equipment purchased during the | 70409 |
| calendar year for use in a county over the county average new | 70410 |
| manufacturing machinery and equipment investment for that county. | 70411 |
| (2) Subject to division (I) of this section, as used in | 70412 |
| division (C)(2) of this section "county excess" means the | 70413 |
| taxpayer's excess cost for a county as computed under division | 70414 |
| (C)(1) of this section. | 70415 |
| Subject to division (I) of this section, a taxpayer with a | 70416 |
| county excess, whose purchases included purchases for use in any | 70417 |
| eligible area in the county, the credit amount is equal to | 70418 |
| thirteen and one-half per cent of the cost of the new | 70419 |
| manufacturing machinery and equipment purchased during the | 70420 |
| calendar year for use in the eligible areas in the county, | 70421 |
| provided that the cost subject to the thirteen and one-half per | 70422 |
| cent rate shall not exceed the county excess. If the county excess | 70423 |
| is greater than the cost of the new manufacturing machinery and | 70424 |
| equipment purchased during the calendar year for use in eligible | 70425 |
| areas in the county, the credit amount also shall include an | 70426 |
| amount equal to seven and one-half per cent of the amount of the | 70427 |
| difference. | 70428 |
| (3) If a taxpayer is allowed a credit for purchases of new | 70429 |
| manufacturing machinery and equipment in more than one county or | 70430 |
| eligible area, it shall aggregate the amount of those credits each | 70431 |
| year. | 70432 |
| (4) The taxpayer shall claim one-seventh of the credit amount | 70433 |
| for the tax year immediately following the calendar year in which | 70434 |
| the new manufacturing machinery and equipment is purchased for use | 70435 |
| in the county by the taxpayer or partnership. One-seventh of the | 70436 |
| taxpayer credit amount is allowed for each of the six ensuing tax | 70437 |
| years. Except for carried-forward amounts, the taxpayer is not | 70438 |
| allowed any credit amount remaining if the new manufacturing | 70439 |
| machinery and equipment is sold by the taxpayer or partnership or | 70440 |
| is transferred by the taxpayer or partnership out of the county | 70441 |
| before the end of the seven-year period unless, at the time of the | 70442 |
| sale or transfer, the new manufacturing machinery and equipment | 70443 |
| has been fully depreciated for federal income tax purposes. | 70444 |
| (5)(a) A taxpayer that acquires manufacturing machinery and | 70445 |
| equipment as a result of a merger with the taxpayer with whom | 70446 |
| commenced the original use in this state of the manufacturing | 70447 |
| machinery and equipment, or with a taxpayer that was a partner in | 70448 |
| a partnership with whom commenced the original use in this state | 70449 |
| of the manufacturing machinery and equipment, is entitled to any | 70450 |
| remaining or carried-forward credit amounts to which the taxpayer | 70451 |
| was entitled. | 70452 |
| (b) A taxpayer that enters into an agreement under division | 70453 |
| (C)(3) of section 5709.62 of the Revised Code and that acquires | 70454 |
| manufacturing machinery or equipment as a result of purchasing a | 70455 |
| large manufacturing facility, as defined in section 5709.61 of the | 70456 |
| Revised Code, from another taxpayer with whom commenced the | 70457 |
| original use in this state of the manufacturing machinery or | 70458 |
| equipment, and that operates the large manufacturing facility so | 70459 |
| purchased, is entitled to any remaining or carried-forward credit | 70460 |
| amounts to which the other taxpayer who sold the facility would | 70461 |
| have been entitled under this section had the other taxpayer not | 70462 |
| sold the manufacturing facility or equipment. | 70463 |
| (c) New manufacturing machinery and equipment is not | 70464 |
| considered sold if a pass-through entity transfers to another | 70465 |
| pass-through entity substantially all of its assets as part of a | 70466 |
| plan of reorganization under which substantially all gain and loss | 70467 |
| is not recognized by the pass-through entity that is transferring | 70468 |
| the new manufacturing machinery and equipment to the transferee | 70469 |
| and under which the transferee's basis in the new manufacturing | 70470 |
| machinery and equipment is determined, in whole or in part, by | 70471 |
| reference to the basis of the pass-through entity which | 70472 |
| transferred the new manufacturing machinery and equipment to the | 70473 |
| transferee. | 70474 |
| (d) Division (C)(5) of this section shall apply only if the | 70475 |
| acquiring taxpayer or transferee does not sell the new | 70476 |
| manufacturing machinery and equipment or transfer the new | 70477 |
| manufacturing machinery and equipment out of the county before the | 70478 |
| end of the seven-year period to which division (C)(4) of this | 70479 |
| section refers. | 70480 |
| (e) Division (C)(5)(b) of this section applies only to the | 70481 |
| extent that the taxpayer that sold the manufacturing machinery or | 70482 |
| equipment, upon request, timely provides to the tax commissioner | 70483 |
| any information that the tax commissioner considers to be | 70484 |
| necessary to ascertain any remaining or carried-forward amounts to | 70485 |
| which the taxpayer that sold the facility would have been entitled | 70486 |
| under this section had the taxpayer not sold the manufacturing | 70487 |
| machinery or equipment. Nothing in division (C)(5)(b) or (e) of | 70488 |
| this section shall be construed to allow a taxpayer to claim any | 70489 |
| credit amount with respect to the acquired manufacturing machinery | 70490 |
| or equipment that is greater than the amount that would have been | 70491 |
| available to the other taxpayer that sold the manufacturing | 70492 |
| machinery or equipment had the other taxpayer not sold the | 70493 |
| manufacturing machinery or equipment. | 70494 |
| (D) The taxpayer shall claim the credit in the order required | 70495 |
| under section 5733.98 of the Revised Code. Each year, any credit | 70496 |
| amount in excess of the tax due under section 5733.06 of the | 70497 |
| Revised Code after allowing for any other credits that precede the | 70498 |
| credit under this section in that order may be carried forward for | 70499 |
| three tax years. | 70500 |
| (E) A taxpayer purchasing new manufacturing machinery and | 70501 |
| equipment and intending to claim the credit shall file, with the | 70502 |
| department of development, a notice of intent to claim the credit | 70503 |
| on a form prescribed by the department of development. The | 70504 |
| department of development shall inform the tax commissioner of the | 70505 |
| notice of intent to claim the credit. No credit may be claimed | 70506 |
| under this section for any manufacturing machinery and equipment | 70507 |
| with respect to which a notice was not filed by the date of a | 70508 |
| timely filed return, including extensions, for the taxable year | 70509 |
| that includes September 30, 2005. | 70510 |
| (F) The director of development shall annually certify, by | 70511 |
| the first day of January of each year during the qualifying | 70512 |
| period, the eligible areas for the tax credit for the calendar | 70513 |
| year that includes that first day of January. The director shall | 70514 |
| send a copy of the certification to the tax commissioner. | 70515 |
| (G) New manufacturing machinery and equipment for which a | 70516 |
| taxpayer claims the credit under section 5733.31, 5733.311, | 70517 |
| 5747.26, or 5747.261 of the Revised Code shall not be considered | 70518 |
| new manufacturing machinery and equipment for purposes of the | 70519 |
| credit under this section. | 70520 |
| (H)(1) Notwithstanding sections 5733.11 and 5747.13 of the | 70521 |
| Revised Code, but subject to division (H)(2) of this section, the | 70522 |
| tax commissioner may issue an assessment against a person with | 70523 |
| respect to a credit claimed under this section for new | 70524 |
| manufacturing machinery and equipment described in division | 70525 |
| (A)(1)(b) or (2)(b) of this section, if the machinery or equipment | 70526 |
| subsequently does not qualify for the credit. | 70527 |
| (2) Division (H)(1) of this section shall not apply after the | 70528 |
| twenty-fourth month following the last day of the period described | 70529 |
| in divisions (A)(1)(b) and (2)(b) of this section. | 70530 |
| (I) Notwithstanding any other provision of this section to | 70531 |
| the contrary, in the case of a qualifying controlled group, the | 70532 |
| credit available under this section to a taxpayer or taxpayers in | 70533 |
| the qualifying controlled group shall be computed as if all | 70534 |
| corporations in the group were a single corporation. The credit | 70535 |
| shall be allocated to such a taxpayer or taxpayers in the group in | 70536 |
| any amount elected for the taxable year by the group. Such | 70537 |
| election shall be revocable and amendable during the period | 70538 |
| described in division (B) of section 5733.12 of the Revised Code. | 70539 |
| This division applies to all purchases of new manufacturing | 70540 |
| machinery and equipment made on or after January 1, 2001, and to | 70541 |
| all baseline years used to compute any credit attributable to such | 70542 |
| purchases; provided, that this division may be applied solely at | 70543 |
| the election of the qualifying controlled group with respect to | 70544 |
| all purchases of new manufacturing machinery and equipment made | 70545 |
| before that date, and to all baseline years used to compute any | 70546 |
| credit attributable to such purchases. The qualifying controlled | 70547 |
| group at any time may elect to apply this division to purchases | 70548 |
| made prior to January 1, 2001, subject to the following: | 70549 |
| (1) The election is irrevocable; | 70550 |
| (2) The election need not accompany a timely filed report, | 70551 |
| but the election may accompany a subsequently filed but timely | 70552 |
| application for refund, a subsequently filed but timely amended | 70553 |
| report, or a subsequently filed but timely petition for | 70554 |
| reassessment. | 70555 |
| Sec. 5733.351. (A) As used in this section, "qualified | 70556 |
| research expenses" has the same meaning as in section 41 of the | 70557 |
| Internal Revenue Code. | 70558 |
| (B)(1) A nonrefundable credit is allowed against the tax | 70559 |
| imposed by section 5733.06 of the Revised Code for tax year 2002 | 70560 |
| for a taxpayer whose taxable year for tax year 2002 ended before | 70561 |
| July 1, 2001. The credit shall equal seven per cent of the excess | 70562 |
| of qualified research expenses incurred in this state by the | 70563 |
| taxpayer between January 1, 2001, and the end of the taxable year, | 70564 |
| over the taxpayer's average annual qualified research expenses | 70565 |
| incurred in this state for the three preceding taxable years. | 70566 |
| (2) A nonrefundable credit also is allowed against the tax | 70567 |
| imposed by section 5733.06 of the Revised Code for each tax year, | 70568 |
| commencing with tax year 2004, and in the case of a corporation | 70569 |
| subject to division (G)(2) of section 5733.01 of the Revised Code | 70570 |
| ending with tax year 2008. The credit shall equal seven per cent | 70571 |
| of the excess of qualified research expenses incurred in this | 70572 |
| state by the taxpayer for the taxable year over the taxpayer's | 70573 |
| average annual qualified research expenses incurred in this state | 70574 |
| for the three preceding taxable years. | 70575 |
| (3) The taxpayer shall claim the credit allowed under | 70576 |
| division (B)(1) or (2) of this section in the order required by | 70577 |
| section 5733.98 of the Revised Code. Any credit amount in excess | 70578 |
| of the tax due under section 5733.06 of the Revised Code, after | 70579 |
| allowing for any other credits that precede the credit under this | 70580 |
| section in the order required under section 5733.98 of the Revised | 70581 |
| Code, may be carried forward for seven taxable years, but the | 70582 |
| amount of the excess credit allowed in any such year shall be | 70583 |
| deducted from the balance carried forward to the next year. A | 70584 |
| corporation subject to division (G)(2) of section 5733.01 of the | 70585 |
| Revised Code may carry forward any credit not fully utilized by | 70586 |
| tax year 2008 and apply it against the tax levied by Chapter 5751. | 70587 |
| of the Revised Code to the extent allowed under section 5751.51 of | 70588 |
| the Revised Code, provided that the total number of taxable years | 70589 |
| under this section and calendar years under Chapter 5751. of the | 70590 |
| Revised Code for which the credit is carried forward shall not | 70591 |
| exceed seven. | 70592 |
| (C) In the case of a qualifying controlled group, the credit | 70593 |
| allowed under division (B)(1) or (2) of this section to taxpayers | 70594 |
| in the qualifying controlled group shall be computed as if all | 70595 |
| corporations in the qualifying controlled group were a | 70596 |
| consolidated, single taxpayer. The credit shall be allocated to | 70597 |
| such taxpayers in any amount elected for the taxable year by the | 70598 |
| qualifying controlled group. The election shall be revocable and | 70599 |
| amendable during the period prescribed by division (B) of section | 70600 |
| 5733.12 of the Revised Code. | 70601 |
| Sec. 5733.352. (A) As used in this section: | 70602 |
| (1) "Borrower" means any person that receives a loan from the | 70603 |
| director of development under section 166.21 of the Revised Code, | 70604 |
| regardless of whether the borrower is subject to the taxes imposed | 70605 |
| by sections 5733.06, 5733.065, and 5733.066 of the Revised Code. | 70606 |
| (2) "Related member" has the same meaning as in section | 70607 |
| 5733.042 of the Revised Code. | 70608 |
| (3) "Qualified research and development loan payments" has | 70609 |
| the same meaning as in division (D) of section 166.21 of the | 70610 |
| Revised Code. | 70611 |
|
(B) Beginning | 70612 |
| corporation subject to division (G)(2) of section 5733.01 of the | 70613 |
| Revised Code ending with tax year 2008, a nonrefundable credit is | 70614 |
| allowed against the taxes imposed by sections 5733.06, 5733.065, | 70615 |
| and 5733.066 of the Revised Code equal to a borrower's qualified | 70616 |
| research and development loan payments made during the calendar | 70617 |
| year immediately preceding the tax year for which the credit is | 70618 |
| claimed. The amount of the credit for a tax year shall not exceed | 70619 |
| one hundred fifty thousand dollars. No taxpayer is entitled to | 70620 |
| claim a credit under this section unless it has obtained a | 70621 |
| certificate issued by the director of development under division | 70622 |
| (D) of section 166.21 of the Revised Code. The credit shall be | 70623 |
| claimed in the order required under section 5733.98 of the Revised | 70624 |
| Code. The credit, to the extent it exceeds the taxpayer's tax | 70625 |
| liability for the tax year after allowance for any other credits | 70626 |
| that precede the credit under this section in that order, shall be | 70627 |
| carried forward to the next succeeding tax year or years until | 70628 |
| fully used. A corporation subject to division (G)(2) of section | 70629 |
| 5733.01 of the Revised Code may carry forward any credit not fully | 70630 |
| utilized by tax year 2008 and apply it against the tax levied by | 70631 |
| Chapter 5751. of the Revised Code to the extent allowed under | 70632 |
| section 5751.52 of the Revised Code. | 70633 |
| (C) A borrower entitled to a credit under this section may | 70634 |
| assign the credit, or a portion thereof, to any of the following: | 70635 |
| (1) A related member of that borrower; | 70636 |
| (2) The owner or lessee of the eligible research and | 70637 |
| development project; | 70638 |
| (3) A related member of the owner or lessee of the eligible | 70639 |
| research and development project. | 70640 |
| A borrower making an assignment under this division shall | 70641 |
| provide written notice of the assignment to the tax commissioner | 70642 |
| and the director of development, in such form as the tax | 70643 |
| commissioner prescribes, before the credit that was assigned is | 70644 |
| used. The assignor may not claim the credit to the extent it was | 70645 |
| assigned to an assignee. The assignee may claim the credit only to | 70646 |
| the extent the assignor has not claimed it. | 70647 |
| (D) If any taxpayer is a partner in a partnership or a member | 70648 |
| in a limited liability company treated as a partnership for | 70649 |
| federal income tax purposes, the taxpayer shall be allowed the | 70650 |
| taxpayer's distributive or proportionate share of the credit | 70651 |
| available through the partnership or limited liability company. | 70652 |
| (E) The aggregate credit against the taxes imposed by | 70653 |
| sections 5733.06, 5733.065, 5733.066, and 5747.02 of the Revised | 70654 |
| Code that may be claimed under this section and section 5747.331 | 70655 |
| of the Revised Code by a borrower as a result of qualified | 70656 |
| research and development loan payments attributable during a | 70657 |
| calendar year to any one loan shall not exceed one hundred fifty | 70658 |
| thousand dollars. | 70659 |
| Sec. 5733.40. As used in sections 5733.40 and 5733.41 and | 70660 |
| Chapter 5747. of the Revised Code: | 70661 |
| (A)(1) "Adjusted qualifying amount" means either of the | 70662 |
| following: | 70663 |
| (a) The
sum of | 70664 |
| share of the income, gain, expense, or loss of a qualifying | 70665 |
| pass-through entity for the qualifying taxable year of the | 70666 |
| qualifying pass-through entity multiplied by the apportionment | 70667 |
| fraction defined in division (B) of this section, subject to | 70668 |
| section 5733.401 of the Revised Code and divisions (A)(2) to (7) | 70669 |
| of this section; | 70670 |
| (b) The sum of | 70671 |
| qualifying net income and qualifying net gain distributed by a | 70672 |
| qualifying trust for the qualifying taxable year of the qualifying | 70673 |
| trust multiplied by the apportionment fraction defined in division | 70674 |
| (B) of this section, subject to section 5733.401 of the Revised | 70675 |
|
Code and divisions (A)(2)
to
| 70676 |
| (2) The sum shall exclude any amount which, pursuant to the | 70677 |
| Constitution of the United States, the Constitution of Ohio, or | 70678 |
| any federal law is not subject to a tax on or measured by net | 70679 |
| income. | 70680 |
| (3) | 70681 |
| Chapters 5733. and 5747. of the Revised Code, the profit or net | 70682 |
| income of the qualifying entity shall be increased by disallowing | 70683 |
| all amounts representing expenses, other than amounts described in | 70684 |
| division (A)(7) of this section, that the qualifying entity paid | 70685 |
| to or incurred with respect to direct or indirect transactions | 70686 |
| with one or more related members, excluding the cost of goods sold | 70687 |
| calculated in accordance with section 263A of the Internal Revenue | 70688 |
| Code and United States department of the treasury regulations | 70689 |
| issued thereunder. Nothing in division (A)(3) of this section | 70690 |
| shall be construed to limit solely to this chapter the application | 70691 |
| of section 263A of the Internal Revenue Code and United States | 70692 |
| department of the treasury regulations issued thereunder. | 70693 |
| (4) | 70694 |
| Chapters 5733. and 5747. of the Revised Code, the profit or net | 70695 |
| income of the qualifying entity shall be increased by disallowing | 70696 |
| all recognized losses, other than losses from sales of inventory | 70697 |
| the cost of which is calculated in accordance with section 263A of | 70698 |
| the Internal Revenue Code and United States department of the | 70699 |
| treasury regulations issued thereunder, with respect to all direct | 70700 |
| or indirect
transactions with one or more related members. | 70701 |
| For the purposes of Chapters 5733. and 5747. of the Revised Code, | 70702 |
| losses from the sales of such inventory shall be allowed only to | 70703 |
| the extent calculated in accordance with section 482 of the | 70704 |
| Internal Revenue Code and United States department of the treasury | 70705 |
| regulations issued thereunder. Nothing in division (A)(4) of this | 70706 |
| section shall be construed to limit solely to this section the | 70707 |
| application of section 263A and section 482 of the Internal | 70708 |
| Revenue Code and United States department of the treasury | 70709 |
| regulations issued thereunder. | 70710 |
| (5) The sum shall be increased or decreased by an amount | 70711 |
| equal to the qualifying investor's or qualifying beneficiary's | 70712 |
| distributive or proportionate share of the amount that the | 70713 |
| qualifying entity would be required to add or deduct under | 70714 |
| divisions (A)(20) and (21) of section 5747.01 of the Revised Code | 70715 |
| if the qualifying entity were a taxpayer for the purposes of | 70716 |
| Chapter 5747. of the Revised Code. | 70717 |
| (6) The sum shall be computed without regard to section | 70718 |
| 5733.051 or division (D) of section 5733.052 of the Revised Code. | 70719 |
| (7) For the purposes of Chapters 5733. and 5747. of the | 70720 |
| Revised Code, guaranteed payments or compensation paid to | 70721 |
| investors by a qualifying entity that is not subject to the tax | 70722 |
| imposed by section 5733.06 of the Revised Code shall be considered | 70723 |
| a distributive share of income of the qualifying entity. Division | 70724 |
| (A)(7) of this section applies only to such payments or such | 70725 |
| compensation paid to an investor who at any time during the | 70726 |
| qualifying entity's taxable year holds at least a twenty per cent | 70727 |
| direct or indirect interest in the profits or capital of the | 70728 |
| qualifying entity. | 70729 |
| (B) "Apportionment fraction" means: | 70730 |
| (1) With respect to a qualifying pass-through entity other | 70731 |
| than a financial institution, the fraction calculated pursuant to | 70732 |
| division (B)(2) of section 5733.05 of the Revised Code as if the | 70733 |
| qualifying pass-through entity were a corporation subject to the | 70734 |
| tax imposed by section 5733.06 of the Revised Code; | 70735 |
| (2) With respect to a qualifying pass-through entity that is | 70736 |
| a financial institution, the fraction calculated pursuant to | 70737 |
| division (C) of section 5733.056 of the Revised Code as if the | 70738 |
| qualifying pass-through entity were a financial institution | 70739 |
| subject to the tax imposed by section 5733.06 of the Revised Code. | 70740 |
| (3) With respect to a qualifying trust, the fraction | 70741 |
| calculated pursuant to division (B)(2) of section 5733.05 of the | 70742 |
| Revised Code as if the qualifying trust were a corporation subject | 70743 |
| to the tax imposed by section 5733.06 of the Revised Code, except | 70744 |
| that the property, payroll, and sales fractions shall be | 70745 |
| calculated by including in the numerator and denominator of the | 70746 |
| fractions only the property, payroll, and sales, respectively, | 70747 |
| directly related to the production of income or gain from | 70748 |
| acquisition, ownership, use, maintenance, management, or | 70749 |
| disposition of tangible personal property located in this state at | 70750 |
| any time during the qualifying trust's qualifying taxable year or | 70751 |
| of real property located in this state. | 70752 |
| (C) "Qualifying beneficiary" means any individual that, | 70753 |
| during the qualifying taxable year of a qualifying trust, is a | 70754 |
| beneficiary of that trust, but does not include an individual who | 70755 |
| is a resident taxpayer for the purposes of Chapter 5747. of the | 70756 |
| Revised Code for the entire qualifying taxable year of the | 70757 |
| qualifying trust. | 70758 |
| (D) "Fiscal year" means an accounting period ending on any | 70759 |
| day other than the thirty-first day of December. | 70760 |
| (E) "Individual" means a natural person. | 70761 |
| (F) "Month" means a calendar month. | 70762 |
| (G) "Partnership" has the same meaning as in section 5747.01 | 70763 |
| of the Revised Code. | 70764 |
| (H) "Investor" means any person that, during any portion of a | 70765 |
| taxable year of a qualifying pass-through entity, is a partner, | 70766 |
| member, shareholder, or investor in that qualifying pass-through | 70767 |
| entity. | 70768 |
| (I) Except as otherwise provided in section 5733.402 or | 70769 |
| 5747.401 of the Revised Code, "qualifying investor" means any | 70770 |
| investor except those described in divisions (I)(1) to (9) of this | 70771 |
| section. | 70772 |
| (1) An investor satisfying one of the descriptions under | 70773 |
| section 501(a) or (c) of the Internal Revenue Code, a partnership | 70774 |
| with equity securities registered with the United States | 70775 |
| securities and exchange commission under section 12 of the | 70776 |
| "Securities Exchange Act of 1934," as amended, or an investor | 70777 |
| described in division (F) of section 3334.01, or division (A) or | 70778 |
| (C) of section 5733.09 of the Revised Code for the entire | 70779 |
| qualifying taxable year of the qualifying pass-through entity. | 70780 |
| (2) An investor who is either an individual or an estate and | 70781 |
| is a resident taxpayer for the purposes of section 5747.01 of the | 70782 |
| Revised Code for the entire qualifying taxable year of the | 70783 |
| qualifying pass-through entity. | 70784 |
| (3) An investor who is an individual for whom the qualifying | 70785 |
| pass-through entity makes a good faith and reasonable effort to | 70786 |
| comply fully and timely with the filing and payment requirements | 70787 |
| set forth in division (D) of section 5747.08 of the Revised Code | 70788 |
| and section 5747.09 of the Revised Code with respect to the | 70789 |
| individual's adjusted qualifying amount for the entire qualifying | 70790 |
| taxable year of the qualifying pass-through entity. | 70791 |
| (4) An investor that is another qualifying pass-through | 70792 |
| entity having only investors described in division (I)(1), (2), | 70793 |
| (3), or (6) of this section during the three-year period beginning | 70794 |
| twelve months prior to the first day of the qualifying taxable | 70795 |
| year of the qualifying pass-through entity. | 70796 |
| (5) An investor that is another pass-through entity having no | 70797 |
| investors other than individuals and estates during the qualifying | 70798 |
| taxable year of the qualifying pass-through entity in which it is | 70799 |
| an investor, and that makes a good faith and reasonable effort to | 70800 |
| comply fully and timely with the filing and payment requirements | 70801 |
| set forth in division (D) of section 5747.08 of the Revised Code | 70802 |
| and section 5747.09 of the Revised Code with respect to investors | 70803 |
| that are not resident taxpayers of this state for the purposes of | 70804 |
| Chapter 5747. of the Revised Code for the entire qualifying | 70805 |
| taxable year of the qualifying pass-through entity in which it is | 70806 |
| an investor. | 70807 |
| (6) An investor that is a financial institution required to | 70808 |
|
calculate the tax
in accordance with division | 70809 |
| 5733.06 of the Revised Code on the first day of January of the | 70810 |
| calendar year immediately following the last day of the financial | 70811 |
| institution's calendar or fiscal year in which ends the taxpayer's | 70812 |
| taxable year. | 70813 |
| (7) An investor other than an individual that satisfies all | 70814 |
| the following: | 70815 |
| (a) The investor submits a written statement to the | 70816 |
| qualifying pass-through entity stating that the investor | 70817 |
| irrevocably agrees that the investor has nexus with this state | 70818 |
| under the Constitution of the United States and is subject to and | 70819 |
| liable for the tax calculated under division (A) or (B) of section | 70820 |
| 5733.06 of the Revised Code with respect to the investor's | 70821 |
| adjusted qualifying amount for the entire qualifying taxable year | 70822 |
| of the qualifying pass-through entity. The statement is subject to | 70823 |
| the penalties of perjury, shall be retained by the qualifying | 70824 |
| pass-through entity for no fewer than seven years, and shall be | 70825 |
| delivered to the tax commissioner upon request. | 70826 |
| (b) The investor makes a good faith and reasonable effort to | 70827 |
| comply timely and fully with all the reporting and payment | 70828 |
| requirements set forth in Chapter 5733. of the Revised Code with | 70829 |
| respect to the investor's adjusted qualifying amount for the | 70830 |
| entire qualifying taxable year of the qualifying pass-through | 70831 |
| entity. | 70832 |
| (c) Neither the investor nor the qualifying pass-through | 70833 |
| entity in which it is an investor, before, during, or after the | 70834 |
| qualifying pass-through entity's qualifying taxable year, carries | 70835 |
| out any transaction or transactions with one or more related | 70836 |
| members of the investor or the qualifying pass-through entity | 70837 |
| resulting in a reduction or deferral of tax imposed by Chapter | 70838 |
| 5733. of the Revised Code with respect to all or any portion of | 70839 |
| the investor's adjusted qualifying amount for the qualifying | 70840 |
| pass-through entity's taxable year, or that constitute a sham, | 70841 |
| lack economic reality, or are part of a series of transactions the | 70842 |
| form of which constitutes a step transaction or transactions or | 70843 |
| does not reflect the substance of those transactions. | 70844 |
| (8) Any other investor that the tax commissioner may | 70845 |
| designate by rule. The tax commissioner may adopt rules including | 70846 |
| a rule defining "qualifying investor" or "qualifying beneficiary" | 70847 |
| and governing the imposition of the withholding tax imposed by | 70848 |
| section 5747.41 of the Revised Code with respect to an individual | 70849 |
| who is a resident taxpayer for the purposes of Chapter 5747. of | 70850 |
| the Revised Code for only a portion of the qualifying taxable year | 70851 |
| of the qualifying entity. | 70852 |
| (9) An investor that is a trust or fund the beneficiaries of | 70853 |
| which, during the qualifying taxable year of the qualifying | 70854 |
| pass-through entity, are limited to the following: | 70855 |
| (a) A person that is or may be the beneficiary of a trust | 70856 |
| subject to Subchapter D of Chapter 1 of Subtitle A of the Internal | 70857 |
| Revenue Code. | 70858 |
| (b) A person that is or may be the beneficiary of or the | 70859 |
| recipient of payments from a trust or fund that is a nuclear | 70860 |
| decommissioning reserve fund, a designated settlement fund, or any | 70861 |
| other trust or fund established to resolve and satisfy claims that | 70862 |
| may otherwise be asserted by the beneficiary or a member of the | 70863 |
| beneficiary's family. Sections 267(c)(4), 468A(e), and 468B(d)(2) | 70864 |
| of the Internal Revenue Code apply to the determination of whether | 70865 |
| such a person satisfies division (I)(9) of this section. | 70866 |
| (c) A person who is or may be the beneficiary of a trust | 70867 |
| that, under its governing instrument, is not required to | 70868 |
| distribute all of its income currently. Division (I)(9)(c) of this | 70869 |
| section applies only if the trust, prior to the due date for | 70870 |
| filing the qualifying pass-through entity's return for taxes | 70871 |
| imposed by section 5733.41 and sections 5747.41 to 5747.453 of the | 70872 |
| Revised Code, irrevocably agrees in writing that for the taxable | 70873 |
| year during or for which the trust distributes any of its income | 70874 |
| to any of its beneficiaries, the trust is a qualifying trust and | 70875 |
| will pay the estimated tax, and will withhold and pay the withheld | 70876 |
| tax, as required under sections 5747.40 to 5747.453 of the Revised | 70877 |
| Code. | 70878 |
| For the purposes of division (I)(9) of this section, a trust | 70879 |
| or fund shall be considered to have a beneficiary other than | 70880 |
| persons described under divisions (I)(9)(a) to (c) of this section | 70881 |
| if a beneficiary would not qualify under those divisions under the | 70882 |
| doctrines of "economic reality," "sham transaction," "step | 70883 |
| doctrine," or "substance over form." A trust or fund described in | 70884 |
| division (I)(9) of this section bears the burden of establishing | 70885 |
| by a preponderance of the evidence that any transaction giving | 70886 |
| rise to the tax benefits provided under division (I)(9) of this | 70887 |
| section does not have as a principal purpose a claim of those tax | 70888 |
| benefits. Nothing in this section shall be construed to limit | 70889 |
| solely to this section the application of the doctrines referred | 70890 |
| to in this paragraph. | 70891 |
| (J) "Qualifying net gain" means any recognized net gain with | 70892 |
| respect to the acquisition, ownership, use, maintenance, | 70893 |
| management, or disposition of tangible personal property located | 70894 |
| in this state at any time during a trust's qualifying taxable year | 70895 |
| or real property located in this state. | 70896 |
| (K) "Qualifying net income" means any recognized income, net | 70897 |
| of related deductible expenses, other than distributions | 70898 |
| deductions with respect to the acquisition, ownership, use, | 70899 |
| maintenance, management, or disposition of tangible personal | 70900 |
| property located in this state at any time during the trust's | 70901 |
| qualifying taxable year or real property located in this state. | 70902 |
| (L) "Qualifying entity" means a qualifying pass-through | 70903 |
| entity or a qualifying trust. | 70904 |
| (M) "Qualifying trust" means a trust subject to subchapter J | 70905 |
| of the Internal Revenue Code that, during any portion of the | 70906 |
| trust's qualifying taxable year, has income or gain from the | 70907 |
| acquisition, management, ownership, use, or disposition of | 70908 |
| tangible personal property located in this state at any time | 70909 |
| during the trust's qualifying taxable year or real property | 70910 |
| located in this state. "Qualifying trust" does not include a | 70911 |
| person described in section 501(c) of the Internal Revenue Code or | 70912 |
| a person described in division (C) of section 5733.09 of the | 70913 |
| Revised Code. | 70914 |
| (N) "Qualifying pass-through entity" means a pass-through | 70915 |
| entity as defined in section 5733.04 of the Revised Code, | 70916 |
| excluding: a person described in section 501(c) of the Internal | 70917 |
|
Revenue Code | 70918 |
| with the United States securities and exchange commission under | 70919 |
|
section
12 of the Securities Exchange Act of 1934, as amended | 70920 |
| a person described in division (C) of section 5733.09 of the | 70921 |
| Revised Code. | 70922 |
| (O) "Quarter" means the first three months, the second three | 70923 |
| months, the third three months, or the last three months of a | 70924 |
| qualifying entity's qualifying taxable year. | 70925 |
| (P) "Related member" has the same meaning as in division | 70926 |
| (A)(6) of section 5733.042 of the Revised Code without regard to | 70927 |
| division (B) of that section. However, for the purposes of | 70928 |
| divisions (A)(3) and (4) of this section only, "related member" | 70929 |
| has the same meaning as in division (A)(6) of section 5733.042 of | 70930 |
| the Revised Code without regard to division (B) of that section, | 70931 |
| but shall be applied by substituting "forty per cent" for "twenty | 70932 |
| per cent" wherever "twenty per cent" appears in division (A) of | 70933 |
| that section. | 70934 |
| (Q) "Return" or "report" means the notifications and reports | 70935 |
| required to be filed pursuant to sections 5747.42 to 5747.45 of | 70936 |
| the Revised Code for the purpose of reporting the tax imposed | 70937 |
| under section 5733.41 or 5747.41 of the Revised Code, and included | 70938 |
| declarations of estimated tax when so required. | 70939 |
| (R) "Qualifying taxable year" means the calendar year or the | 70940 |
| qualifying entity's fiscal year ending during the calendar year, | 70941 |
| or fractional part thereof, for which the adjusted qualifying | 70942 |
| amount is calculated pursuant to sections 5733.40 and 5733.41 or | 70943 |
| sections 5747.40 to 5747.453 of the Revised Code. | 70944 |
| (S) "Distributive share" includes the sum of the income, | 70945 |
| gain, expense, or loss of a disregarded entity or qualified | 70946 |
| subchapter S subsidiary. | 70947 |
| Sec. 5733.41. The purpose of the tax imposed by this section | 70948 |
| is to complement and to reinforce the tax imposed under section | 70949 |
| 5733.06 of the Revised Code. | 70950 |
| For the same purposes for which the tax is levied under | 70951 |
| section 5733.06 of the Revised Code, there is hereby levied a tax | 70952 |
| on every qualifying pass-through entity having at least one | 70953 |
| qualifying investor that is not an individual. The tax imposed by | 70954 |
| this section is imposed on the sum of the adjusted qualifying | 70955 |
| amounts of the qualifying pass-through entity's qualifying | 70956 |
| investors that are not individuals as follows: for qualifying | 70957 |
| investors subject to division (G)(2) of section 5733.01 of the | 70958 |
| Revised Code, at six and eight-tenths per cent for the entity's | 70959 |
| taxable year ending in 2005, at five and one-tenth per cent for | 70960 |
| the entity's taxable year ending in 2006, at three and four-tenths | 70961 |
| per cent for the entity's taxable year ending in 2007, at one and | 70962 |
| seven-tenths per cent for the entity's taxable year ending in | 70963 |
| 2008, and at zero per cent for the entity's taxable year ending in | 70964 |
| 2009 or in subsequent years; and for all other qualifying | 70965 |
| investors that are not individuals, at the rate specified in | 70966 |
| division (B) of section 5733.06 of the Revised Code that is in | 70967 |
| effect on the last day of the entity's taxable year. | 70968 |
| The tax imposed by this section applies only if the | 70969 |
| qualifying entity has nexus with this state under the Constitution | 70970 |
| of the United States for any portion of the qualifying entity's | 70971 |
| qualifying taxable year, and the sum of the qualifying entity's | 70972 |
| adjusted qualifying amounts exceeds one thousand dollars for the | 70973 |
| qualifying entity's qualifying taxable year. This section does not | 70974 |
| apply to a pass-through entity if all of the partners, | 70975 |
| shareholders, members, or investors of the pass-through entity are | 70976 |
| taxpayers for the purposes of section 5733.04 of the Revised Code | 70977 |
| without regard to section 5733.09 of the Revised Code for the | 70978 |
| entire qualifying taxable year of the pass-through entity. | 70979 |
| If, prior to the due date of the return, a qualifying | 70980 |
| pass-through entity receives from an investor a written | 70981 |
| representation, under penalties of perjury, that the investor is | 70982 |
| described in division (I)(1), (2), (6), (7), (8), or (9) of | 70983 |
| section 5733.40 of the Revised Code for the qualifying | 70984 |
| pass-through entity's entire qualifying taxable year, the | 70985 |
| qualifying pass-through entity is not required to withhold or pay | 70986 |
| the taxes or estimated taxes imposed under this section or | 70987 |
| sections 5747.41 to 5747.453 of the Revised Code with respect to | 70988 |
| that investor for that qualifying taxable year, and is not subject | 70989 |
| to any interest or interest penalties for failure to withhold or | 70990 |
| pay those taxes or estimated taxes with respect to that investor | 70991 |
| for that qualifying taxable year. | 70992 |
| If, prior to the due date of the return, a qualifying trust | 70993 |
| receives from a beneficiary of that trust a written | 70994 |
| representation, under penalties of perjury, that the beneficiary | 70995 |
| is a resident taxpayer for the purposes of Chapter 5747. of the | 70996 |
| Revised Code for the qualifying trust's entire qualifying taxable | 70997 |
| year, the qualifying trust is not required to withhold or pay the | 70998 |
| taxes or estimated taxes imposed under this section or sections | 70999 |
| 5747.41 to 5747.453 of the Revised Code with respect to that | 71000 |
| beneficiary for that qualifying taxable year, and is not subject | 71001 |
| to any interest or interest penalties for failure to withhold or | 71002 |
| pay those taxes or estimated taxes with respect to that | 71003 |
| beneficiary for that qualifying taxable year. | 71004 |
| The tax commissioner may adopt rules for the purpose of the | 71005 |
| tax levied by this section or section 5747.41 of the Revised Code, | 71006 |
| including a rule defining "qualifying investor" or "qualifying | 71007 |
| beneficiary | 71008 |
| entity to combine its income with related members and to pay the | 71009 |
| tax and estimated tax on a combined basis. | 71010 |
| Sections 5747.10 to 5747.19 and 5747.42 to 5747.453 of the | 71011 |
| Revised Code apply to a qualifying entity subject to the tax | 71012 |
| imposed under this section. | 71013 |
| The levy of the tax under this section does not prevent a | 71014 |
| municipal corporation or a joint economic development district | 71015 |
| created under section 715.70 or 715.71 or sections 715.72 to | 71016 |
| 715.81 of the Revised Code from levying a tax on income. | 71017 |
| Sec. 5733.49. (A) Upon the issuance of a tax credit | 71018 |
| certificate by the Ohio venture capital authority under section | 71019 |
| 150.07 of the Revised Code, a credit may be claimed against the | 71020 |
| tax imposed by section 5733.06 of the Revised Code. The credit | 71021 |
| shall be claimed for the tax year specified in the certificate | 71022 |
| issued by the authority and in the order required under section | 71023 |
| 5733.98 of the Revised Code. | 71024 |
| (B) If the taxpayer elected a refundable credit under section | 71025 |
| 150.07 of the Revised Code and the amount of the credit shown on | 71026 |
| the certificate does not exceed the tax otherwise due under | 71027 |
| section 5733.06, 5733.065, and 5733.066 of the Revised Code after | 71028 |
| all nonrefundable credits are deducted, then the taxpayer shall | 71029 |
| claim a refundable credit equal to the amount of the credit shown | 71030 |
| on the certificate. | 71031 |
| (C) If the taxpayer elected a refundable credit under section | 71032 |
| 150.07 of the Revised Code, and the amount of the credit shown on | 71033 |
| the certificate exceeds the tax otherwise due under sections | 71034 |
| 5733.06, 5733.065, and 5733.066 of the Revised Code after all | 71035 |
| nonrefundable credits | 71036 |
| 71037 | |
| 71038 | |
| 71039 | |
| 71040 | |
| 71041 | |
| 71042 | |
| the following: | 71043 |
| (1) The amount, if any, of the tax otherwise due under | 71044 |
| sections 5733.06, 5733.065, and 5733.066 of the Revised Code after | 71045 |
| all nonrefundable credits are deducted; | 71046 |
| (2) Seventy-five per cent of the difference between the | 71047 |
| amount of the refundable credit shown on the certificate and the | 71048 |
| tax otherwise due under sections 5733.06, 5733.065, and 5733.066 | 71049 |
| of the Revised Code after all nonrefundable credits are deducted. | 71050 |
| (D) If the taxpayer elected a nonrefundable credit and the | 71051 |
| credit to which the taxpayer would otherwise be entitled under | 71052 |
| this section for any tax year is greater than the tax otherwise | 71053 |
| due under sections 5733.06, 5733.065, and 5733.066 of the Revised | 71054 |
| Code, after allowing for any other credits that, under section | 71055 |
| 5733.98 of the Revised Code, precede the credit allowed under this | 71056 |
| section, the excess shall be allowed as a nonrefundable credit in | 71057 |
| each of the ensuing ten tax years, but the amount of any excess | 71058 |
| credit allowed in the ensuing tax year shall be deducted from the | 71059 |
| balance carried forward to the next tax year. | 71060 |
| Sec. 5733.98. (A) To provide a uniform procedure for | 71061 |
| calculating the amount of tax imposed by section 5733.06 of the | 71062 |
| Revised Code that is due under this chapter, a taxpayer shall | 71063 |
| claim any credits to which it is entitled in the following order, | 71064 |
| except as otherwise provided in section 5733.058 of the Revised | 71065 |
| Code: | 71066 |
| (1) | 71067 |
| qualifying pass-through entity allowed under section 5733.0611 of | 71068 |
| the Revised Code; | 71069 |
| (2) The credit allowed for financial institutions under | 71070 |
| section 5733.45 of the Revised Code; | 71071 |
| (3) The credit for qualifying affiliated groups under section | 71072 |
| 5733.068 of the Revised Code; | 71073 |
| (4) The subsidiary corporation credit under section 5733.067 | 71074 |
| of the Revised Code; | 71075 |
| (5) The savings and loan assessment credit under section | 71076 |
| 5733.063 of the Revised Code; | 71077 |
| (6) The credit for recycling and litter prevention donations | 71078 |
| under section 5733.064 of the Revised Code; | 71079 |
| (7) The credit for employers that enter into agreements with | 71080 |
| child day-care centers under section 5733.36 of the Revised Code; | 71081 |
| (8) The credit for employers that reimburse employee child | 71082 |
| care expenses under section 5733.38 of the Revised Code; | 71083 |
| (9) The credit for maintaining railroad active grade crossing | 71084 |
| warning devices under section 5733.43 of the Revised Code; | 71085 |
| (10) The credit for purchases of lights and reflectors under | 71086 |
| section 5733.44 of the Revised Code; | 71087 |
| (11) The job retention credit under division (B) of section | 71088 |
| 5733.0610 of the Revised Code; | 71089 |
| (12) The credit for losses on loans made under the Ohio | 71090 |
| venture capital program under sections 150.01 to 150.10 of the | 71091 |
| Revised Code if the taxpayer elected a nonrefundable credit under | 71092 |
| section 150.07 of the Revised Code; | 71093 |
| (13) The credit for purchases of new manufacturing machinery | 71094 |
| and equipment under section 5733.31 or section 5733.311 of the | 71095 |
| Revised Code; | 71096 |
| (14) The second credit for purchases of new manufacturing | 71097 |
| machinery and equipment under section 5733.33 of the Revised Code; | 71098 |
| (15) The job training credit under section 5733.42 of the | 71099 |
| Revised Code; | 71100 |
| (16) The credit for qualified research expenses under section | 71101 |
| 5733.351 of the Revised Code; | 71102 |
| (17) The enterprise zone credit under section 5709.66 of the | 71103 |
| Revised Code; | 71104 |
| (18) The credit for the eligible costs associated with a | 71105 |
| voluntary action under section 5733.34 of the Revised Code; | 71106 |
| (19) The credit for employers that establish on-site child | 71107 |
| day-care centers under section 5733.37 of the Revised Code; | 71108 |
| (20) The ethanol plant investment credit under section | 71109 |
| 5733.46 of the Revised Code; | 71110 |
| (21) The credit for purchases of qualifying grape production | 71111 |
| property under section 5733.32 of the Revised Code; | 71112 |
| (22) The export sales credit under section 5733.069 of the | 71113 |
| Revised Code; | 71114 |
| (23) The credit for research and development and technology | 71115 |
| transfer investors under section 5733.35 of the Revised Code; | 71116 |
| (24) The enterprise zone credits under section 5709.65 of the | 71117 |
| Revised Code; | 71118 |
| (25) The credit for using Ohio coal under section 5733.39 of | 71119 |
| the Revised Code; | 71120 |
| (26)
| 71121 |
| 71122 |
| | 71123 |
| 5733.57 of the Revised Code; | 71124 |
| | 71125 |
| under section 5733.55 of the Revised Code; | 71126 |
| | 71127 |
| communicatively impaired under section 5733.56 of the Revised | 71128 |
| Code; | 71129 |
| | 71130 |
| 5733.352 of the Revised Code; | 71131 |
| (30) For tax years 2006 and subsequent tax years, the credit | 71132 |
| for taxes paid by a qualifying pass-through entity allowed under | 71133 |
| section 5733.0611 of the Revised Code; | 71134 |
| (31) The refundable jobs creation credit under division (A) | 71135 |
| of section 5733.0610 of the Revised Code; | 71136 |
| | 71137 |
| division (B)(2) of section 5747.062 of the Revised Code; | 71138 |
| | 71139 |
| venture capital program under sections 150.01 to 150.10 of the | 71140 |
| Revised Code if the taxpayer elected a refundable credit under | 71141 |
| section 150.07 of the Revised Code. | 71142 |
| (B) For any credit except the credits enumerated in divisions | 71143 |
| (A) | 71144 |
| the credit for a tax year shall not exceed the tax due after | 71145 |
| allowing for any other credit that precedes it in the order | 71146 |
| required under this section. Any excess amount of a particular | 71147 |
| credit may be carried forward if authorized under the section | 71148 |
| creating that credit. | 71149 |
| Sec. 5733.99. Whoever violates section 5733.21 of the | 71150 |
| Revised Code shall be fined not less than one hundred nor more | 71151 |
|
than | 71152 |
| Sec. 5735.99. (A) Whoever violates division (F) of section | 71153 |
| 5735.02, division (D) of section 5735.021, division (B) of section | 71154 |
| 5735.063, division (B) of section 5735.064, or division (A)(2) of | 71155 |
| section 5735.20 of the Revised Code is guilty of a misdemeanor of | 71156 |
| the first degree. | 71157 |
| (B) Whoever violates division (E) of section 5735.06 of the | 71158 |
| Revised Code is guilty of a felony of the fourth degree. | 71159 |
| (C) Whoever violates section 5735.025 or division (A)(1) of | 71160 |
| section 5735.20 of the Revised Code is guilty of a misdemeanor of | 71161 |
| the first degree, if the tax owed or the fraudulent refund | 71162 |
| received is not greater than five hundred dollars. If the tax owed | 71163 |
| or the fraudulent refund received is greater than five hundred | 71164 |
| dollars but not greater than ten
thousand dollars, the | 71165 |
| person is guilty of a felony of the
fourth degree | 71166 |
| 71167 | |
| offense | 71168 |
| 71169 | |
| 71170 | |
| 71171 | |
| tax owed or the fraudulent refund received is greater than ten | 71172 |
| thousand dollars, the | 71173 |
| second degree. | 71174 |
| (D) Whoever violates a provision of this chapter for which a | 71175 |
| penalty is not otherwise prescribed under this section is guilty | 71176 |
| of a misdemeanor of the fourth degree. | 71177 |
| (E) Whoever violates division (D)(5) of section 5735.19 of | 71178 |
| the Revised Code is guilty of a misdemeanor of the first degree. | 71179 |
| Sec. 5737.03. An annual excise tax is hereby levied on the | 71180 |
| handling of grain, in lieu of all taxes on grain as property of | 71181 |
| any person engaged in such business, for all the purposes for | 71182 |
| which taxes would otherwise be levied on such grain as property in | 71183 |
| the taxing district in which any such business is carried on, | 71184 |
| measured as follows: | 71185 |
| | 71186 |
| bushel upon all wheat and flax handled at one or more places in | 71187 |
| this state in any such business during the taxable year, as | 71188 |
| defined in section 5737.04 of the Revised Code, and one-fourth | 71189 |
| mill per bushel upon all other grain handled. | 71190 |
| (B) For the statement due in 2006, one-fourth mill per bushel | 71191 |
| upon all wheat and flax handled at one or more places in this | 71192 |
| state in any such business during the taxable year, as defined in | 71193 |
| section 5737.04 of the Revised Code, and one-eighth mill per | 71194 |
| bushel upon all other grain handled. | 71195 |
| (C) No statement or tax is due in 2007 or subsequent years | 71196 |
| thereafter. | 71197 |
| The tax imposed by this section shall not be paid by a track | 71198 |
| buyer, who shall be liable for the personal property taxes only, | 71199 |
| as levied
by sections 5711.01 to 5711.36 | 71200 |
| Revised Code. | 71201 |
| All grain included in the statements required by section | 71202 |
| 5737.04 of the Revised Code, upon the handling of which a tax is | 71203 |
| imposed by this section, is exempt from taxation as personal | 71204 |
| property. Any grain that would be included in such statements for | 71205 |
| taxable year 2007 or subsequent years thereafter is exempt from | 71206 |
| taxation as personal property. | 71207 |
| Sec. 5739.01. As used in this chapter: | 71208 |
| (A) "Person" includes individuals, receivers, assignees, | 71209 |
| trustees in bankruptcy, estates, firms, partnerships, | 71210 |
| associations, joint-stock companies, joint ventures, clubs, | 71211 |
| societies, corporations, the state and its political subdivisions, | 71212 |
| and combinations of individuals of any form. | 71213 |
| (B) "Sale" and "selling" include all of the following | 71214 |
| transactions for a consideration in any manner, whether absolutely | 71215 |
| or conditionally, whether for a price or rental, in money or by | 71216 |
| exchange, and by any means whatsoever: | 71217 |
| (1) All transactions by which title or possession, or both, | 71218 |
| of tangible personal property, is or is to be transferred, or a | 71219 |
| license to use or consume tangible personal property is or is to | 71220 |
| be granted; | 71221 |
| (2) All transactions by which lodging by a hotel is or is to | 71222 |
| be furnished to transient guests; | 71223 |
| (3) All transactions by which: | 71224 |
| (a) An item of tangible personal property is or is to be | 71225 |
| repaired, except property, the purchase of which would not be | 71226 |
| subject to the tax imposed by section 5739.02 of the Revised Code; | 71227 |
| (b) An item of tangible personal property is or is to be | 71228 |
| installed, except property, the purchase of which would not be | 71229 |
| subject to the tax imposed by section 5739.02 of the Revised Code | 71230 |
| or property that is or is to be incorporated into and will become | 71231 |
| a part of a production, transmission, transportation, or | 71232 |
| distribution system for the delivery of a public utility service; | 71233 |
| (c) The service of washing, cleaning, waxing, polishing, or | 71234 |
| painting a motor vehicle is or is to be furnished; | 71235 |
| (d) Until August 1, 2003, industrial laundry cleaning | 71236 |
| services are or are to be provided and, on and after August 1, | 71237 |
| 2003, laundry and dry cleaning services are or are to be provided; | 71238 |
| (e) Automatic data processing, computer services, or | 71239 |
| electronic information services are or are to be provided for use | 71240 |
| in business when the true object of the transaction is the receipt | 71241 |
| by the consumer of automatic data processing, computer services, | 71242 |
| or electronic information services rather than the receipt of | 71243 |
| personal or professional services to which automatic data | 71244 |
| processing, computer services, or electronic information services | 71245 |
| are incidental or supplemental. Notwithstanding any other | 71246 |
| provision of this chapter, such transactions that occur between | 71247 |
| members of an affiliated group are not sales. An affiliated group | 71248 |
| means two or more persons related in such a way that one person | 71249 |
| owns or controls the business operation of another member of the | 71250 |
| group. In the case of corporations with stock, one corporation | 71251 |
| owns or controls another if it owns more than fifty per cent of | 71252 |
| the other corporation's common stock with voting rights. | 71253 |
| (f) Telecommunications service, | 71254 |
| 71255 | |
| calling service, prepaid wireless calling service, or ancillary | 71256 |
| service, is or is to be
provided, but | 71257 |
| 71258 | |
| 71259 | |
| 71260 |
| (g) Landscaping and lawn care service is or is to be | 71261 |
| provided; | 71262 |
| (h) Private investigation and security service is or is to be | 71263 |
| provided; | 71264 |
| (i) Information services or tangible personal property is | 71265 |
| provided or ordered by means of a nine hundred telephone call; | 71266 |
| (j) Building maintenance and janitorial service is or is to | 71267 |
| be provided; | 71268 |
| (k) Employment service is or is to be provided; | 71269 |
| (l) Employment placement service is or is to be provided; | 71270 |
| (m) Exterminating service is or is to be provided; | 71271 |
| (n) Physical fitness facility service is or is to be | 71272 |
| provided; | 71273 |
| (o) Recreation and sports club service is or is to be | 71274 |
| provided. | 71275 |
| (p) | 71276 |
| 71277 | |
| 71278 | |
| 71279 | |
| 71280 |
| | 71281 |
| service is or is to be provided; | 71282 |
| | 71283 |
| or is to be provided to an individual. As used in this division, | 71284 |
| "personal care service" includes skin care, the application of | 71285 |
| cosmetics, manicuring, pedicuring, hair removal, tattooing, body | 71286 |
| piercing, tanning, massage, and other similar services. "Personal | 71287 |
| care service" does not include a service provided by or on the | 71288 |
| order of a licensed physician or licensed chiropractor, or the | 71289 |
| cutting, coloring, or styling of an individual's hair. | 71290 |
| | 71291 |
| persons by motor vehicle or aircraft is or is to be provided, when | 71292 |
| the transportation is entirely within this state, except for | 71293 |
| transportation provided by an ambulance service, by a transit bus, | 71294 |
| as defined in section 5735.01 of the Revised Code, and | 71295 |
| transportation provided by a citizen of the United States holding | 71296 |
| a certificate of public convenience and necessity issued under 49 | 71297 |
| U.S.C. 41102; | 71298 |
| | 71299 |
| service is or is to be provided. As used in this division, "motor | 71300 |
| vehicle towing service" means the towing or conveyance of a | 71301 |
| wrecked, disabled, or illegally parked motor vehicle. | 71302 |
| | 71303 |
| or is to be provided. As used in this division, "snow removal | 71304 |
| service" means the removal of snow by any mechanized means, but | 71305 |
| does not include the providing of such service by a person that | 71306 |
| has less than five thousand dollars in sales of such service | 71307 |
| during the calendar year. | 71308 |
| (4) All transactions by which printed, imprinted, | 71309 |
| overprinted, lithographic, multilithic, blueprinted, photostatic, | 71310 |
| or other productions or reproductions of written or graphic matter | 71311 |
| are or are to be furnished or transferred; | 71312 |
| (5) The production or fabrication of tangible personal | 71313 |
| property for a consideration for consumers who furnish either | 71314 |
| directly or indirectly the materials used in the production of | 71315 |
| fabrication work; and include the furnishing, preparing, or | 71316 |
| serving for a consideration of any tangible personal property | 71317 |
| consumed on the premises of the person furnishing, preparing, or | 71318 |
| serving such tangible personal property. Except as provided in | 71319 |
| section 5739.03 of the Revised Code, a construction contract | 71320 |
| pursuant to which tangible personal property is or is to be | 71321 |
| incorporated into a structure or improvement on and becoming a | 71322 |
| part of real property is not a sale of such tangible personal | 71323 |
| property. The construction contractor is the consumer of such | 71324 |
| tangible personal property, provided that the sale and | 71325 |
| installation of carpeting, the sale and installation of | 71326 |
| agricultural land tile, the sale and erection or installation of | 71327 |
| portable grain bins, or the provision of landscaping and lawn care | 71328 |
| service and the transfer of property as part of such service is | 71329 |
| never a construction contract. | 71330 |
| As used in division (B)(5) of this section: | 71331 |
| (a) "Agricultural land tile" means fired clay or concrete | 71332 |
| tile, or flexible or rigid perforated plastic pipe or tubing, | 71333 |
| incorporated or to be incorporated into a subsurface drainage | 71334 |
| system appurtenant to land used or to be used directly in | 71335 |
| production by farming, agriculture, horticulture, or floriculture. | 71336 |
| The term does not include such materials when they are or are to | 71337 |
| be incorporated into a drainage system appurtenant to a building | 71338 |
| or structure even if the building or structure is used or to be | 71339 |
| used in such production. | 71340 |
| (b) "Portable grain bin" means a structure that is used or to | 71341 |
| be used by a person engaged in farming or agriculture to shelter | 71342 |
| the person's grain and that is designed to be disassembled without | 71343 |
| significant damage to its component parts. | 71344 |
| (6) All transactions in which all of the shares of stock of a | 71345 |
| closely held corporation are transferred, if the corporation is | 71346 |
| not engaging in business and its entire assets consist of boats, | 71347 |
| planes, motor vehicles, or other tangible personal property | 71348 |
| operated primarily for the use and enjoyment of the shareholders; | 71349 |
| (7) All transactions in which a warranty, maintenance or | 71350 |
| service contract, or similar agreement by which the vendor of the | 71351 |
| warranty, contract, or agreement agrees to repair or maintain the | 71352 |
| tangible personal property of the consumer is or is to be | 71353 |
| provided; | 71354 |
| (8) | 71355 |
| used solely for advertising purposes, except that the transfer of | 71356 |
| such films for exhibition purposes is not a sale. | 71357 |
| (9) On and after August 1, 2003, all transactions by which | 71358 |
| tangible personal property is or is to be stored, except such | 71359 |
| property that the consumer of the storage holds for sale in the | 71360 |
| regular course of business. | 71361 |
| Except | 71362 |
| "selling" do not include transfers of interest in leased property | 71363 |
| where the original lessee and the terms of the original lease | 71364 |
| agreement remain unchanged, or professional, insurance, or | 71365 |
| personal service transactions that involve the transfer of | 71366 |
| tangible personal property as an inconsequential element, for | 71367 |
| which no separate charges are made. | 71368 |
| (C) "Vendor" means the person providing the service or by | 71369 |
| whom the transfer effected or license given by a sale is or is to | 71370 |
| be made or given and, for sales described in division (B)(3)(i) of | 71371 |
| this section, the telecommunications service vendor that provides | 71372 |
| the nine hundred telephone service; if two or more persons are | 71373 |
| engaged in business at the same place of business under a single | 71374 |
| trade name in which all collections on account of sales by each | 71375 |
| are made, such persons shall constitute a single vendor. | 71376 |
| Physicians, dentists, hospitals, and veterinarians who are | 71377 |
| engaged in selling tangible personal property as received from | 71378 |
| others, such as eyeglasses, mouthwashes, dentifrices, or similar | 71379 |
| articles, are vendors. Veterinarians who are engaged in | 71380 |
| transferring to others for a consideration drugs, the dispensing | 71381 |
| of which does not require an order of a licensed veterinarian or | 71382 |
| physician under federal law, are vendors. | 71383 |
| (D)(1) "Consumer" means the person for whom the service is | 71384 |
| provided, to whom the transfer effected or license given by a sale | 71385 |
| is or is to be made or given, to whom the service described in | 71386 |
| division (B)(3)(f) or (i) of this section is charged, or to whom | 71387 |
| the admission is granted. | 71388 |
| (2) Physicians, dentists, hospitals, and blood banks operated | 71389 |
| by nonprofit institutions and persons licensed to practice | 71390 |
| veterinary medicine, surgery, and dentistry are consumers of all | 71391 |
| tangible personal property and services purchased by them in | 71392 |
| connection with the practice of medicine, dentistry, the rendition | 71393 |
| of hospital or blood bank service, or the practice of veterinary | 71394 |
| medicine, surgery, and dentistry. In addition to being consumers | 71395 |
| of drugs administered by them or by their assistants according to | 71396 |
| their direction, veterinarians also are consumers of drugs that | 71397 |
| under federal law may be dispensed only by or upon the order of a | 71398 |
| licensed veterinarian or physician, when transferred by them to | 71399 |
| others for a consideration to provide treatment to animals as | 71400 |
| directed by the veterinarian. | 71401 |
| (3) A person who performs a facility management, or similar | 71402 |
| service contract for a contractee is a consumer of all tangible | 71403 |
| personal property and services purchased for use in connection | 71404 |
| with the performance of such contract, regardless of whether title | 71405 |
| to any such property vests in the contractee. The purchase of such | 71406 |
| property and services is not subject to the exception for resale | 71407 |
| under division (E)(1) of this section. | 71408 |
| (4)(a) In the case of a person who purchases printed matter | 71409 |
| for the purpose of distributing it or having it distributed to the | 71410 |
| public or to a designated segment of the public, free of charge, | 71411 |
| that person is the consumer of that printed matter, and the | 71412 |
| purchase of that printed matter for that purpose is a sale. | 71413 |
| (b) In the case of a person who produces, rather than | 71414 |
| purchases, printed matter for the purpose of distributing it or | 71415 |
| having it distributed to the public or to a designated segment of | 71416 |
| the public, free of charge, that person is the consumer of all | 71417 |
| tangible personal property and services purchased for use or | 71418 |
| consumption in the production of that printed matter. That person | 71419 |
|
is not entitled to claim exemption under division
(B) | 71420 |
| of section 5739.02 of the Revised Code for any material | 71421 |
| incorporated into the printed matter or any equipment, supplies, | 71422 |
| or services primarily used to produce the printed matter. | 71423 |
| (c) The distribution of printed matter to the public or to a | 71424 |
| designated segment of the public, free of charge, is not a sale to | 71425 |
| the members of the public to whom the printed matter is | 71426 |
| distributed or to any persons who purchase space in the printed | 71427 |
| matter for advertising or other purposes. | 71428 |
| (5) A person who makes sales of any of the services listed in | 71429 |
| division (B)(3) of this section is the consumer of any tangible | 71430 |
| personal property used in performing the service. The purchase of | 71431 |
| that property is not subject to the resale exception under | 71432 |
| division (E)(1) of this section. | 71433 |
| (6) A person who engages in highway transportation for hire | 71434 |
| is the consumer of all packaging materials purchased by that | 71435 |
| person and used in performing the service, except for packaging | 71436 |
| materials sold by such person in a transaction separate from the | 71437 |
| service. | 71438 |
| (E) "Retail sale" and "sales at retail" include all sales, | 71439 |
| except those in which the purpose of the consumer is to resell the | 71440 |
| thing transferred or benefit of the service provided, by a person | 71441 |
| engaging in business, in the form in which the same is, or is to | 71442 |
| be, received by the person. | 71443 |
| (F) "Business" includes any activity engaged in by any person | 71444 |
| with the object of gain, benefit, or advantage, either direct or | 71445 |
| indirect. "Business" does not include the activity of a person in | 71446 |
| managing and investing the person's own funds. | 71447 |
| (G) "Engaging in business" means commencing, conducting, or | 71448 |
| continuing in business, and liquidating a business when the | 71449 |
| liquidator thereof holds itself out to the public as conducting | 71450 |
| such business. Making a casual sale is not engaging in business. | 71451 |
| (H)(1)(a) "Price," except as provided in divisions (H)(2) and | 71452 |
| (3) of this section, means the total amount of consideration, | 71453 |
| including cash, credit, property, and services, for which tangible | 71454 |
| personal property or services are sold, leased, or rented, valued | 71455 |
| in money, whether received in money or otherwise, without any | 71456 |
| deduction for any of the following: | 71457 |
| (i) The vendor's cost of the property sold; | 71458 |
| (ii) The cost of materials used, labor or service costs, | 71459 |
| interest, losses, all costs of transportation to the vendor, all | 71460 |
| taxes imposed on the vendor, including the tax imposed under | 71461 |
| Chapter 5751. of the Revised Code, and any other expense of the | 71462 |
| vendor; | 71463 |
| (iii) Charges by the vendor for any services necessary to | 71464 |
| complete the sale; | 71465 |
| (iv) On and after August 1, 2003, delivery charges. As used | 71466 |
| in this division, "delivery charges" means charges by the vendor | 71467 |
| for preparation and delivery to a location designated by the | 71468 |
| consumer of tangible personal property or a service, including | 71469 |
| transportation, shipping, postage, handling, crating, and packing. | 71470 |
| (v) Installation charges; | 71471 |
| (vi) | 71472 |
| 71473 | |
| 71474 | |
| 71475 |
| (b) "Price" includes consideration received by the vendor | 71476 |
| from a third party, if the vendor actually receives the | 71477 |
| consideration from a party other than the consumer, and the | 71478 |
| consideration is directly related to a price reduction or discount | 71479 |
| on the sale; the vendor has an obligation to pass the price | 71480 |
| reduction or discount through to the consumer; the amount of the | 71481 |
| consideration attributable to the sale is fixed and determinable | 71482 |
| by the vendor at the time of the sale of the item to the consumer; | 71483 |
| and one of the following criteria is met: | 71484 |
| (i) The consumer presents a coupon, certificate, or other | 71485 |
| document to the vendor to claim a price reduction or discount | 71486 |
| where the coupon, certificate, or document is authorized, | 71487 |
| distributed, or granted by a third party with the understanding | 71488 |
| that the third party will reimburse any vendor to whom the coupon, | 71489 |
| certificate, or document is presented; | 71490 |
| (ii) The consumer identifies the consumer's self to the | 71491 |
| seller as a member of a group or organization entitled to a price | 71492 |
| reduction or discount. A preferred customer card that is available | 71493 |
| to any patron does not constitute membership in such a group or | 71494 |
| organization. | 71495 |
| (iii) The price reduction or discount is identified as a | 71496 |
| third party price reduction or discount on the invoice received by | 71497 |
| the consumer, or on a coupon, certificate, or other document | 71498 |
| presented by the consumer. | 71499 |
| (c) "Price" does not include any of the following: | 71500 |
| (i) Discounts, including cash, term, or coupons that are not | 71501 |
| reimbursed by a third party that are allowed by a vendor and taken | 71502 |
| by a consumer on a sale; | 71503 |
| (ii) Interest, financing, and carrying charges from credit | 71504 |
| extended on the sale of tangible personal property or services, if | 71505 |
| the amount is separately stated on the invoice, bill of sale, or | 71506 |
| similar document given to the purchaser; | 71507 |
| (iii) Any taxes legally imposed directly on the consumer that | 71508 |
| are separately stated on the invoice, bill of sale, or similar | 71509 |
| document given to the consumer. For the purpose of this division, | 71510 |
| the tax imposed under Chapter 5751. of the Revised Code is not a | 71511 |
| tax directly on the consumer, even if the tax or a portion thereof | 71512 |
| is separately stated. | 71513 |
| (iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this | 71514 |
| section, any discount allowed by an automobile manufacturer to its | 71515 |
| employee, or to the employee of a supplier, on the purchase of a | 71516 |
| new motor vehicle from a new motor vehicle dealer in this state. | 71517 |
| (2) In the case of a sale of any new motor vehicle by a new | 71518 |
| motor vehicle dealer, as defined in section 4517.01 of the Revised | 71519 |
| Code, in which another motor vehicle is accepted by the dealer as | 71520 |
| part of the consideration received, "price" has the same meaning | 71521 |
| as in division (H)(1) of this section, reduced by the credit | 71522 |
| afforded the consumer by the dealer for the motor vehicle received | 71523 |
| in trade. | 71524 |
| (3) In the case of a sale of any watercraft or outboard motor | 71525 |
| by a watercraft dealer licensed in accordance with section | 71526 |
| 1547.543 of the Revised Code, in which another watercraft, | 71527 |
| watercraft and trailer, or outboard motor is accepted by the | 71528 |
| dealer as part of the consideration received, "price" has the same | 71529 |
| meaning as in division (H)(1) of this section, reduced by the | 71530 |
| credit afforded the consumer by the dealer for the watercraft, | 71531 |
| watercraft and trailer, or outboard motor received in trade. As | 71532 |
| used in this division, "watercraft" includes an outdrive unit | 71533 |
| attached to the watercraft. | 71534 |
| (4) In the case of a transaction in which telecommunications | 71535 |
| service, mobile telecommunications service, or cable television | 71536 |
| service is sold in a bundled transaction with other distinct | 71537 |
| services for a single price that is not itemized, the entire price | 71538 |
| is subject to the taxes levied under sections 5739.02, 5739.021, | 71539 |
| 5739.023, and 5739.026 of the Revised Code, unless the vendor can | 71540 |
| reasonably identify the nontaxable portion from its books and | 71541 |
| records kept in the regular course of business. Upon the request | 71542 |
| of the consumer, the vendor shall disclose to the consumer the | 71543 |
| selling price for the taxable services included in the selling | 71544 |
| price for the taxable and nontaxable services billed on an | 71545 |
| aggregated basis. The burden of proving any nontaxable charges is | 71546 |
| on the vendor. | 71547 |
| (I) "Receipts" means the total amount of the prices of the | 71548 |
| sales of vendors, provided that cash discounts allowed and taken | 71549 |
| on sales at the time they are consummated are not included, minus | 71550 |
| any amount deducted as a bad debt pursuant to section 5739.121 of | 71551 |
| the Revised Code. "Receipts" does not include the sale price of | 71552 |
| property returned or services rejected by consumers when the full | 71553 |
| sale price and tax are refunded either in cash or by credit. | 71554 |
| (J) "Place of business" means any location at which a person | 71555 |
| engages in business. | 71556 |
| (K) "Premises" includes any real property or portion thereof | 71557 |
| upon which any person engages in selling tangible personal | 71558 |
| property at retail or making retail sales and also includes any | 71559 |
| real property or portion thereof designated for, or devoted to, | 71560 |
| use in conjunction with the business engaged in by such person. | 71561 |
| (L) "Casual sale" means a sale of an item of tangible | 71562 |
| personal property that was obtained by the person making the sale, | 71563 |
| through purchase or otherwise, for the person's own use and was | 71564 |
| previously subject to any state's taxing jurisdiction on its sale | 71565 |
| or use, and includes such items acquired for the seller's use that | 71566 |
| are sold by an auctioneer employed directly by the person for such | 71567 |
| purpose, provided the location of such sales is not the | 71568 |
| auctioneer's permanent place of business. As used in this | 71569 |
| division, "permanent place of business" includes any location | 71570 |
| where such auctioneer has conducted more than two auctions during | 71571 |
| the year. | 71572 |
| (M) "Hotel" means every establishment kept, used, maintained, | 71573 |
| advertised, or held out to the public to be a place where sleeping | 71574 |
| accommodations are offered to guests, in which five or more rooms | 71575 |
| are used for the accommodation of such guests, whether the rooms | 71576 |
| are in one or several structures. | 71577 |
| (N) "Transient guests" means persons occupying a room or | 71578 |
| rooms for sleeping accommodations for less than thirty consecutive | 71579 |
| days. | 71580 |
| (O) "Making retail sales" means the effecting of transactions | 71581 |
| wherein one party is obligated to pay the price and the other | 71582 |
| party is obligated to provide a service or to transfer title to or | 71583 |
| possession of the item sold. "Making retail sales" does not | 71584 |
| include the preliminary acts of promoting or soliciting the retail | 71585 |
| sales, other than the distribution of printed matter which | 71586 |
| displays or describes and prices the item offered for sale, nor | 71587 |
| does it include delivery of a predetermined quantity of tangible | 71588 |
| personal property or transportation of property or personnel to or | 71589 |
| from a place where a service is performed, regardless of whether | 71590 |
| the vendor is a delivery vendor. | 71591 |
| (P) "Used directly in the rendition of a public utility | 71592 |
| service" means that property that is to be incorporated into and | 71593 |
| will become a part of the consumer's production, transmission, | 71594 |
| transportation, or distribution system and that retains its | 71595 |
| classification as tangible personal property after such | 71596 |
| incorporation; fuel or power used in the production, transmission, | 71597 |
| transportation, or distribution system; and tangible personal | 71598 |
| property used in the repair and maintenance of the production, | 71599 |
| transmission, transportation, or distribution system, including | 71600 |
| only such motor vehicles as are specially designed and equipped | 71601 |
| for such use. Tangible personal property and services used | 71602 |
| primarily in providing highway transportation for hire are not | 71603 |
| used directly in the rendition of a public utility service. | 71604 |
| (Q) "Refining" means removing or separating a desirable | 71605 |
| product from raw or contaminated materials by distillation or | 71606 |
| physical, mechanical, or chemical processes. | 71607 |
| (R) "Assembly" and "assembling" mean attaching or fitting | 71608 |
| together parts to form a product, but do not include packaging a | 71609 |
| product. | 71610 |
| (S) "Manufacturing operation" means a process in which | 71611 |
| materials are changed, converted, or transformed into a different | 71612 |
| state or form from which they previously existed and includes | 71613 |
| refining materials, assembling parts, and preparing raw materials | 71614 |
| and parts by mixing, measuring, blending, or otherwise committing | 71615 |
| such materials or parts to the manufacturing process. | 71616 |
| "Manufacturing operation" does not include packaging. | 71617 |
| (T) "Fiscal officer" means, with respect to a regional | 71618 |
| transit authority, the secretary-treasurer thereof, and with | 71619 |
| respect to a county that is a transit authority, the fiscal | 71620 |
| officer of the county transit board if one is appointed pursuant | 71621 |
| to section 306.03 of the Revised Code or the county auditor if the | 71622 |
| board of county commissioners operates the county transit system. | 71623 |
| (U) "Transit authority" means a regional transit authority | 71624 |
| created pursuant to section 306.31 of the Revised Code or a county | 71625 |
| in which a county transit system is created pursuant to section | 71626 |
| 306.01 of the Revised Code. For the purposes of this chapter, a | 71627 |
| transit authority must extend to at least the entire area of a | 71628 |
| single county. A transit authority that includes territory in more | 71629 |
| than one county must include all the area of the most populous | 71630 |
| county that is a part of such transit authority. County population | 71631 |
| shall be measured by the most recent census taken by the United | 71632 |
| States census bureau. | 71633 |
| (V) "Legislative authority" means, with respect to a regional | 71634 |
| transit authority, the board of trustees thereof, and with respect | 71635 |
| to a county that is a transit authority, the board of county | 71636 |
| commissioners. | 71637 |
| (W) "Territory of the transit authority" means all of the | 71638 |
| area included within the territorial boundaries of a transit | 71639 |
| authority as they from time to time exist. Such territorial | 71640 |
| boundaries must at all times include all the area of a single | 71641 |
| county or all the area of the most populous county that is a part | 71642 |
| of such transit authority. County population shall be measured by | 71643 |
| the most recent census taken by the United States census bureau. | 71644 |
| (X) "Providing a service" means providing or furnishing | 71645 |
| anything described in division (B)(3) of this section for | 71646 |
| consideration. | 71647 |
| (Y)(1)(a) "Automatic data processing" means processing of | 71648 |
| others' data, including keypunching or similar data entry services | 71649 |
| together with verification thereof, or providing access to | 71650 |
| computer equipment for the purpose of processing data. | 71651 |
| (b) "Computer services" means providing services consisting | 71652 |
| of specifying computer hardware configurations and evaluating | 71653 |
| technical processing characteristics, computer programming, and | 71654 |
| training of computer programmers and operators, provided in | 71655 |
| conjunction with and to support the sale, lease, or operation of | 71656 |
| taxable computer equipment or systems. | 71657 |
| (c) "Electronic information services" means providing access | 71658 |
| to computer equipment by means of telecommunications equipment for | 71659 |
| the purpose of either of the following: | 71660 |
| (i) Examining or acquiring data stored in or accessible to | 71661 |
| the computer equipment; | 71662 |
| (ii) Placing data into the computer equipment to be retrieved | 71663 |
| by designated recipients with access to the computer equipment. | 71664 |
| (d) "Automatic data processing, computer services, or | 71665 |
| electronic information services" shall not include personal or | 71666 |
| professional services. | 71667 |
| (2) As used in divisions (B)(3)(e) and (Y)(1) of this | 71668 |
| section, "personal and professional services" means all services | 71669 |
| other than automatic data processing, computer services, or | 71670 |
| electronic information services, including but not limited to: | 71671 |
| (a) Accounting and legal services such as advice on tax | 71672 |
| matters, asset management, budgetary matters, quality control, | 71673 |
| information security, and auditing and any other situation where | 71674 |
| the service provider receives data or information and studies, | 71675 |
| alters, analyzes, interprets, or adjusts such material; | 71676 |
| (b) Analyzing business policies and procedures; | 71677 |
| (c) Identifying management information needs; | 71678 |
| (d) Feasibility studies, including economic and technical | 71679 |
| analysis of existing or potential computer hardware or software | 71680 |
| needs and alternatives; | 71681 |
| (e) Designing policies, procedures, and custom software for | 71682 |
| collecting business information, and determining how data should | 71683 |
| be summarized, sequenced, formatted, processed, controlled, and | 71684 |
| reported so that it will be meaningful to management; | 71685 |
| (f) Developing policies and procedures that document how | 71686 |
| business events and transactions are to be authorized, executed, | 71687 |
| and controlled; | 71688 |
| (g) Testing of business procedures; | 71689 |
| (h) Training personnel in business procedure applications; | 71690 |
| (i) Providing credit information to users of such information | 71691 |
| by a consumer reporting agency, as defined in the "Fair Credit | 71692 |
| Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or | 71693 |
| as hereafter amended, including but not limited to gathering, | 71694 |
| organizing, analyzing, recording, and furnishing such information | 71695 |
| by any oral, written, graphic, or electronic medium; | 71696 |
| (j) Providing debt collection services by any oral, written, | 71697 |
| graphic, or electronic means. | 71698 |
| The services listed in divisions (Y)(2)(a) to (j) of this | 71699 |
| section are not automatic data processing or computer services. | 71700 |
| (Z) "Highway transportation for hire" means the | 71701 |
| transportation of personal property belonging to others for | 71702 |
| consideration by any of the following: | 71703 |
| (1) The holder of a permit or certificate issued by this | 71704 |
| state or the United States authorizing the holder to engage in | 71705 |
| transportation of personal property belonging to others for | 71706 |
| consideration over or on highways, roadways, streets, or any | 71707 |
| similar public thoroughfare; | 71708 |
| (2) A person who engages in the transportation of personal | 71709 |
| property belonging to others for consideration over or on | 71710 |
| highways, roadways, streets, or any similar public thoroughfare | 71711 |
| but who could not have engaged in such transportation on December | 71712 |
| 11, 1985, unless the person was the holder of a permit or | 71713 |
| certificate of the types described in division (Z)(1) of this | 71714 |
| section; | 71715 |
| (3) A person who leases a motor vehicle to and operates it | 71716 |
| for a person described by division (Z)(1) or (2) of this section. | 71717 |
| (AA)(1) "Telecommunications service" means the | 71718 |
| 71719 | |
| 71720 | |
| 71721 | |
| 71722 | |
| 71723 | |
| 71724 | |
| 71725 | |
| 71726 | |
| 71727 | |
| 71728 | |
| 71729 | |
| 71730 | |
| transmission, conveyance, or routing of voice, data, audio, video, | 71731 |
| or any other information or signals to a point, or between or | 71732 |
| among points. "Telecommunications service" includes such | 71733 |
| transmission, conveyance, or routing in which computer processing | 71734 |
| applications are used to act on the form, code, or protocol of the | 71735 |
| content for purposes of transmission, conveyance, or routing | 71736 |
| without regard to whether the service is referred to as voice-over | 71737 |
| internet protocol service or is classified by the federal | 71738 |
| communications commission as enhanced or value-added. | 71739 |
| "Telecommunications service" does not include any of the | 71740 |
| following: | 71741 |
| | 71742 |
| 71743 | |
| 71744 |
| | 71745 |
| 71746 | |
| 71747 | |
| 71748 |
| | 71749 |
| 71750 | |
| 71751 |
| | 71752 |
| 71753 | |
| 71754 |
| | 71755 |
| (a) Data processing and information services that allow data to be | 71756 |
| generated, acquired, stored, processed, or retrieved and delivered | 71757 |
| by an electronic transmission to a consumer where the consumer's | 71758 |
| primary purpose for the underlying transaction is the processed | 71759 |
| data or information; | 71760 |
| (b) Installation or maintenance of wiring or equipment on a | 71761 |
| customer's premises; | 71762 |
| (c) Tangible personal property; | 71763 |
| (d) Advertising, including directory advertising; | 71764 |
| (e) Billing and collection services provided to third | 71765 |
| parties; | 71766 |
| (f) Internet access service; | 71767 |
| (g) Radio and television audio and video programming | 71768 |
| services, regardless of the medium, including the furnishing of | 71769 |
| transmission, conveyance, and routing of such services by the | 71770 |
| programming service provider. Radio and television audio and video | 71771 |
| programming services include cable service, as defined in 47 | 71772 |
| U.S.C. 522(6), and audio and video programming services delivered | 71773 |
| by commercial mobile radio service providers, as defined in 47 | 71774 |
| C.F.R. 20.3; | 71775 |
| (h) Ancillary service; | 71776 |
| (i) Digital products delivered electronically, including | 71777 |
| software, music, video, reading materials, or ring tones. | 71778 |
| (2) "Ancillary service" means a service that is associated | 71779 |
| with or incidental to the provision of telecommunications service, | 71780 |
| including conference bridging service, detailed telecommunications | 71781 |
| billing service, directory assistance, vertical service, and voice | 71782 |
| mail service. As used in this division: | 71783 |
| (a) "Conference bridging service" means an ancillary service | 71784 |
| that links two or more participants of an audio or video | 71785 |
| conference call, including providing a telephone number. | 71786 |
| "Conference bridging service" does not include telecommunications | 71787 |
| services used to reach the conference bridge. | 71788 |
| (b) "Detailed telecommunications billing service" means an | 71789 |
| ancillary service of separately stating information pertaining to | 71790 |
| individual calls on a customer's billing statement. | 71791 |
| (c) "Directory assistance" means an ancillary service of | 71792 |
| providing telephone number or address information. | 71793 |
| (d) "Vertical service" means an ancillary service that is | 71794 |
| offered in connection with one or more telecommunications | 71795 |
| services, which offers advanced calling features that allow | 71796 |
| customers to identify callers and manage multiple calls and call | 71797 |
| connections, including conference bridging service. | 71798 |
| (e) "Voice mail service" means an ancillary service that | 71799 |
| enables the customer to store, send, or receive recorded messages. | 71800 |
| "Voice mail service" does not include any vertical services that | 71801 |
| the customer may be required to have in order to utilize the voice | 71802 |
| mail service. | 71803 |
| (3) "900 service" means an inbound toll telecommunications | 71804 |
| service purchased by a subscriber that allows the subscriber's | 71805 |
| customers to call in to the subscriber's prerecorded announcement | 71806 |
| or live service, and which is typically marketed under the name | 71807 |
| "900" service and any subsequent numbers designated by the federal | 71808 |
| communications commission. "900 service" does not include the | 71809 |
| charge for collection services provided by the seller of the | 71810 |
| telecommunications service to the subscriber, or services or | 71811 |
| products sold by the subscriber to the subscriber's customer. | 71812 |
| (4) "Prepaid calling service" means the right to access | 71813 |
| exclusively telecommunications services, which must be paid for in | 71814 |
| advance and which enables the origination of calls using an access | 71815 |
| number or authorization code, whether manually or electronically | 71816 |
| dialed, and that is sold in predetermined units of dollars of | 71817 |
| which the number declines with use in a known amount. | 71818 |
| (5) "Prepaid wireless calling service" means a | 71819 |
| telecommunications service that provides the right to utilize | 71820 |
| mobile telecommunications service as well as other | 71821 |
| non-telecommunications services, including the download of digital | 71822 |
| products delivered electronically, and content and ancillary | 71823 |
| services, that must be paid for in advance and that is sold in | 71824 |
| predetermined units of dollars of which the number declines with | 71825 |
| use in a known amount. | 71826 |
| (6) "Value-added non-voice data service" means a | 71827 |
| telecommunications service in which computer processing | 71828 |
| applications are used to act on the form, content, code, or | 71829 |
| protocol of the information or data primarily for a purpose other | 71830 |
| than transmission, conveyance, or routing. | 71831 |
| (7) "Coin-operated telephone service" means a | 71832 |
| telecommunications service paid for by inserting money into a | 71833 |
| telephone accepting direct deposits of money to operate. | 71834 |
| (8) "Customer" has the same meaning as in section 5739.034 of | 71835 |
| the Revised Code. | 71836 |
| (BB) "Laundry and dry cleaning services" means removing soil | 71837 |
| or dirt from towels, linens, articles of clothing, or other fabric | 71838 |
| items that belong to others and supplying towels, linens, articles | 71839 |
| of clothing, or other fabric items. "Laundry and dry cleaning | 71840 |
| services" does not include the provision of self-service | 71841 |
| facilities for use by consumers to remove soil or dirt from | 71842 |
| towels, linens, articles of clothing, or other fabric items. | 71843 |
| (CC) "Magazines distributed as controlled circulation | 71844 |
| publications" means magazines containing at least twenty-four | 71845 |
| pages, at least twenty-five per cent editorial content, issued at | 71846 |
| regular intervals four or more times a year, and circulated | 71847 |
| without charge to the recipient, provided that such magazines are | 71848 |
| not owned or controlled by individuals or business concerns which | 71849 |
| conduct such publications as an auxiliary to, and essentially for | 71850 |
| the advancement of the main business or calling of, those who own | 71851 |
| or control them. | 71852 |
| (DD) "Landscaping and lawn care service" means the services | 71853 |
| of planting, seeding, sodding, removing, cutting, trimming, | 71854 |
| pruning, mulching, aerating, applying chemicals, watering, | 71855 |
| fertilizing, and providing similar services to establish, promote, | 71856 |
| or control the growth of trees, shrubs, flowers, grass, ground | 71857 |
| cover, and other flora, or otherwise maintaining a lawn or | 71858 |
| landscape grown or maintained by the owner for ornamentation or | 71859 |
| other nonagricultural purpose. However, "landscaping and lawn care | 71860 |
| service" does not include the providing of such services by a | 71861 |
| person who has less than five thousand dollars in sales of such | 71862 |
| services during the calendar year. | 71863 |
| (EE) "Private investigation and security service" means the | 71864 |
| performance of any activity for which the provider of such service | 71865 |
| is required to be licensed pursuant to Chapter 4749. of the | 71866 |
| Revised Code, or would be required to be so licensed in performing | 71867 |
| such services in this state, and also includes the services of | 71868 |
| conducting polygraph examinations and of monitoring or overseeing | 71869 |
| the activities on or in, or the condition of, the consumer's home, | 71870 |
| business, or other facility by means of electronic or similar | 71871 |
| monitoring devices. "Private investigation and security service" | 71872 |
| does not include special duty services provided by off-duty police | 71873 |
| officers, deputy sheriffs, and other peace officers regularly | 71874 |
| employed by the state or a political subdivision. | 71875 |
| (FF) "Information services" means providing conversation, | 71876 |
| giving consultation or advice, playing or making a voice or other | 71877 |
| recording, making or keeping a record of the number of callers, | 71878 |
| and any other service provided to a consumer by means of a nine | 71879 |
| hundred telephone call, except when the nine hundred telephone | 71880 |
| call is the means by which the consumer makes a contribution to a | 71881 |
| recognized charity. | 71882 |
| (GG) "Research and development" means designing, creating, or | 71883 |
| formulating new or enhanced products, equipment, or manufacturing | 71884 |
| processes, and also means conducting scientific or technological | 71885 |
| inquiry and experimentation in the physical sciences with the goal | 71886 |
| of increasing scientific knowledge which may reveal the bases for | 71887 |
| new or enhanced products, equipment, or manufacturing processes. | 71888 |
| (HH) "Qualified research and development equipment" means | 71889 |
| capitalized tangible personal property, and leased personal | 71890 |
| property that would be capitalized if purchased, used by a person | 71891 |
| primarily to perform research and development. Tangible personal | 71892 |
| property primarily used in testing, as defined in division (A)(4) | 71893 |
| of section 5739.011 of the Revised Code, or used for recording or | 71894 |
| storing test results, is not qualified research and development | 71895 |
| equipment unless such property is primarily used by the consumer | 71896 |
| in testing the product, equipment, or manufacturing process being | 71897 |
| created, designed, or formulated by the consumer in the research | 71898 |
| and development activity or in recording or storing such test | 71899 |
| results. | 71900 |
| (II) "Building maintenance and janitorial service" means | 71901 |
| cleaning the interior or exterior of a building and any tangible | 71902 |
| personal property located therein or thereon, including any | 71903 |
| services incidental to such cleaning for which no separate charge | 71904 |
| is made. However, "building maintenance and janitorial service" | 71905 |
| does not include the providing of such service by a person who has | 71906 |
| less than five thousand dollars in sales of such service during | 71907 |
| the calendar year. | 71908 |
| (JJ) "Employment service" means providing or supplying | 71909 |
| personnel, on a temporary or long-term basis, to perform work or | 71910 |
| labor under the supervision or control of another, when the | 71911 |
| personnel so supplied receive their wages, salary, or other | 71912 |
| compensation from the provider of the service. "Employment | 71913 |
| service" does not include: | 71914 |
| (1) Acting as a contractor or subcontractor, where the | 71915 |
| personnel performing the work are not under the direct control of | 71916 |
| the purchaser. | 71917 |
| (2) Medical and health care services. | 71918 |
| (3) Supplying personnel to a purchaser pursuant to a contract | 71919 |
| of at least one year between the service provider and the | 71920 |
| purchaser that specifies that each employee covered under the | 71921 |
| contract is assigned to the purchaser on a permanent basis. | 71922 |
| (4) Transactions between members of an affiliated group, as | 71923 |
| defined in division (B)(3)(e) of this section. | 71924 |
| (KK) "Employment placement service" means locating or finding | 71925 |
| employment for a person or finding or locating an employee to fill | 71926 |
| an available position. | 71927 |
| (LL) "Exterminating service" means eradicating or attempting | 71928 |
| to eradicate vermin infestations from a building or structure, or | 71929 |
| the area surrounding a building or structure, and includes | 71930 |
| activities to inspect, detect, or prevent vermin infestation of a | 71931 |
| building or structure. | 71932 |
| (MM) "Physical fitness facility service" means all | 71933 |
| transactions by which a membership is granted, maintained, or | 71934 |
| renewed, including initiation fees, membership dues, renewal fees, | 71935 |
| monthly minimum fees, and other similar fees and dues, by a | 71936 |
| physical fitness facility such as an athletic club, health spa, or | 71937 |
| gymnasium, which entitles the member to use the facility for | 71938 |
| physical exercise. | 71939 |
| (NN) "Recreation and sports club service" means all | 71940 |
| transactions by which a membership is granted, maintained, or | 71941 |
| renewed, including initiation fees, membership dues, renewal fees, | 71942 |
| monthly minimum fees, and other similar fees and dues, by a | 71943 |
| recreation and sports club, which entitles the member to use the | 71944 |
| facilities of the organization. "Recreation and sports club" means | 71945 |
| an organization that has ownership of, or controls or leases on a | 71946 |
| continuing, long-term basis, the facilities used by its members | 71947 |
| and includes an aviation club, gun or shooting club, yacht club, | 71948 |
| card club, swimming club, tennis club, golf club, country club, | 71949 |
| riding club, amateur sports club, or similar organization. | 71950 |
| (OO) "Livestock" means farm animals commonly raised for food | 71951 |
| or food production, and includes but is not limited to cattle, | 71952 |
| sheep, goats, swine, and poultry. "Livestock" does not include | 71953 |
| invertebrates, fish, amphibians, reptiles, horses, domestic pets, | 71954 |
| animals for use in laboratories or for exhibition, or other | 71955 |
| animals not commonly raised for food or food production. | 71956 |
| (PP) "Livestock structure" means a building or structure used | 71957 |
| exclusively for the housing, raising, feeding, or sheltering of | 71958 |
| livestock, and includes feed storage or handling structures and | 71959 |
| structures for livestock waste handling. | 71960 |
| (QQ) "Horticulture" means the growing, cultivation, and | 71961 |
| production of flowers, fruits, herbs, vegetables, sod, mushrooms, | 71962 |
| and nursery stock. As used in this division, "nursery stock" has | 71963 |
| the same meaning as in section 927.51 of the Revised Code. | 71964 |
| (RR) "Horticulture structure" means a building or structure | 71965 |
| used exclusively for the commercial growing, raising, or | 71966 |
| overwintering of horticultural products, and includes the area | 71967 |
| used for stocking, storing, and packing horticultural products | 71968 |
| when done in conjunction with the production of those products. | 71969 |
| (SS) "Newspaper" means an unbound publication bearing a title | 71970 |
| or name that is regularly published, at least as frequently as | 71971 |
| biweekly, and distributed from a fixed place of business to the | 71972 |
| public in a specific geographic area, and that contains a | 71973 |
| substantial amount of news matter of international, national, or | 71974 |
| local events of interest to the general public. | 71975 |
| (TT) "Professional racing team" means a person that employs | 71976 |
| at least twenty full-time employees for the purpose of conducting | 71977 |
| a motor vehicle racing business for profit. The person must | 71978 |
| conduct the business with the purpose of racing one or more motor | 71979 |
| racing vehicles in at least ten competitive professional racing | 71980 |
| events each year that comprise all or part of a motor racing | 71981 |
| series sanctioned by one or more motor racing sanctioning | 71982 |
| organizations. A "motor racing vehicle" means a vehicle for which | 71983 |
| the chassis, engine, and parts are designed exclusively for motor | 71984 |
| racing, and does not include a stock or production model vehicle | 71985 |
| that may be modified for use in racing. For the purposes of this | 71986 |
| division: | 71987 |
| (1) A "competitive professional racing event" is a motor | 71988 |
| vehicle racing event sanctioned by one or more motor racing | 71989 |
| sanctioning organizations, at which aggregate cash prizes in | 71990 |
| excess of eight hundred thousand dollars are awarded to the | 71991 |
| competitors. | 71992 |
| (2) "Full-time employee" means an individual who is employed | 71993 |
| for consideration for thirty-five or more hours a week, or who | 71994 |
| renders any other standard of service generally accepted by custom | 71995 |
| or specified by contract as full-time employment. | 71996 |
| (UU)(1) "Lease" or "rental" means any transfer of the | 71997 |
| possession or control of tangible personal property for a fixed or | 71998 |
| indefinite term, for consideration. "Lease" or "rental" includes | 71999 |
| future options to purchase or extend, and agreements described in | 72000 |
| 26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where | 72001 |
| the amount of consideration may be increased or decreased by | 72002 |
| reference to the amount realized upon the sale or disposition of | 72003 |
| the property. "Lease" or "rental" does not include: | 72004 |
| (a) A transfer of possession or control of tangible personal | 72005 |
| property under a security agreement or a deferred payment plan | 72006 |
| that requires the transfer of title upon completion of the | 72007 |
| required payments; | 72008 |
| (b) A transfer of possession or control of tangible personal | 72009 |
| property under an agreement that requires the transfer of title | 72010 |
| upon completion of required payments and payment of an option | 72011 |
| price that does not exceed the greater of one hundred dollars or | 72012 |
| one per cent of the total required payments; | 72013 |
| (c) Providing tangible personal property along with an | 72014 |
| operator for a fixed or indefinite period of time, if the operator | 72015 |
| is necessary for the property to perform as designed. For purposes | 72016 |
| of this division, the operator must do more than maintain, | 72017 |
| inspect, or set-up the tangible personal property. | 72018 |
| (2) "Lease" and "rental," as defined in division (UU) of this | 72019 |
| section, shall not apply to leases or rentals that exist before | 72020 |
| 72021 |
| (3) "Lease" and "rental" have the same meaning as in division | 72022 |
| (UU)(1) of this section regardless of whether a transaction is | 72023 |
| characterized as a lease or rental under generally accepted | 72024 |
| accounting principles, the Internal Revenue Code, Title XIII of | 72025 |
| the Revised Code, or other federal, state, or local laws. | 72026 |
| (VV) "Mobile telecommunications service" has the same meaning | 72027 |
| as in the "Mobile Telecommunications Sourcing Act," Pub. L. No. | 72028 |
| 106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and, | 72029 |
| on and after August 1, 2003, includes related fees and ancillary | 72030 |
| services, including universal service fees, detailed billing | 72031 |
| service, directory assistance, service initiation, voice mail | 72032 |
| service, and vertical services, such as caller ID and three-way | 72033 |
| calling. | 72034 |
| (WW) "Certified service provider" has the same meaning as in | 72035 |
| section 5740.01 of the Revised Code. | 72036 |
| (XX) "Satellite broadcasting service" means the distribution | 72037 |
| or broadcasting of programming or services by satellite directly | 72038 |
| to the subscriber's receiving equipment without the use of ground | 72039 |
| receiving or distribution equipment, except the subscriber's | 72040 |
| receiving equipment or equipment used in the uplink process to the | 72041 |
| satellite, and includes all service and rental charges, premium | 72042 |
| channels or other special services, installation and repair | 72043 |
| service charges, and any other charges having any connection with | 72044 |
| the provision of the satellite broadcasting service. | 72045 |
| (YY) "Tangible personal property" means personal property | 72046 |
| that can be seen, weighed, measured, felt, or touched, or that is | 72047 |
| in any other manner perceptible to the senses. For purposes of | 72048 |
| this chapter and Chapter 5741. of the Revised Code, "tangible | 72049 |
| personal property" includes motor vehicles, electricity, water, | 72050 |
| gas, steam, and prewritten computer software. | 72051 |
| (ZZ) "Direct mail" means printed material delivered or | 72052 |
| distributed by United States mail or other delivery service to a | 72053 |
| mass audience or to addressees on a mailing list provided by the | 72054 |
| consumer or at the direction of the consumer when the cost of the | 72055 |
| items are not billed directly to the recipients. "Direct mail" | 72056 |
| includes tangible personal property supplied directly or | 72057 |
| indirectly by the consumer to the direct mail vendor for inclusion | 72058 |
| in the package containing the printed material. "Direct mail" does | 72059 |
| not include multiple items of printed material delivered to a | 72060 |
| single address. | 72061 |
| (AAA) "Computer" means an electronic device that accepts | 72062 |
| information in digital or similar form and manipulates it for a | 72063 |
| result based on a sequence of instructions. | 72064 |
| (BBB) "Computer software" means a set of coded instructions | 72065 |
| designed to cause a computer or automatic data processing | 72066 |
| equipment to perform a task. | 72067 |
| (CCC) "Delivered electronically" means delivery of computer | 72068 |
| software from the seller to the purchaser by means other than | 72069 |
| tangible storage media. | 72070 |
| (DDD) "Prewritten computer software" means computer software, | 72071 |
| including prewritten upgrades, that is not designed and developed | 72072 |
| by the author or other creator to the specifications of a specific | 72073 |
| purchaser. The combining of two or more prewritten computer | 72074 |
| software programs or prewritten portions thereof does not cause | 72075 |
| the combination to be other than prewritten computer software. | 72076 |
| "Prewritten computer software" includes software designed and | 72077 |
| developed by the author or other creator to the specifications of | 72078 |
| a specific purchaser when it is sold to a person other than the | 72079 |
| purchaser. If a person modifies or enhances computer software of | 72080 |
| which the person is not the author or creator, the person shall be | 72081 |
| deemed to be the author or creator only of such person's | 72082 |
| modifications or enhancements. Prewritten computer software or a | 72083 |
| prewritten portion thereof that is modified or enhanced to any | 72084 |
| degree, where such modification or enhancement is designed and | 72085 |
| developed to the specifications of a specific purchaser, remains | 72086 |
| prewritten computer software; provided, however, that where there | 72087 |
| is a reasonable, separately stated charge or an invoice or other | 72088 |
| statement of the price given to the purchaser for the modification | 72089 |
| or enhancement, the modification or enhancement shall not | 72090 |
| constitute prewritten computer software. | 72091 |
| (EEE)(1) | 72092 |
| 72093 | |
| 72094 | |
| 72095 | |
| 72096 | |
| 72097 | |
| 72098 | |
| 72099 | |
| 72100 | |
| 72101 | |
| 72102 | |
| 72103 | |
| 72104 | |
| 72105 |
| | 72106 |
| whether in liquid, concentrated, solid, frozen, dried, or | 72107 |
| dehydrated form, that are sold for ingestion or chewing by humans | 72108 |
| and are consumed for their taste or nutritional value. "Food" does | 72109 |
| not include alcoholic beverages, dietary supplements, soft drinks, | 72110 |
| or tobacco. | 72111 |
| | 72112 |
| (a) "Alcoholic beverages" means beverages that are suitable | 72113 |
| for human consumption and contain one-half of one per cent or more | 72114 |
| of alcohol by volume. | 72115 |
| (b) "Dietary supplements" means any product, other than | 72116 |
| tobacco, that is intended to supplement the diet and that is | 72117 |
| intended for ingestion in tablet, capsule, powder, softgel, | 72118 |
| gelcap, or liquid form, or, if not intended for ingestion in such | 72119 |
| a form, is not represented as conventional food for use as a sole | 72120 |
| item of a meal or of the diet; that is required to be labeled as a | 72121 |
| dietary supplement, identifiable by the "supplement facts" box | 72122 |
| found on the label, as required by 21 C.F.R. 101.36; and that | 72123 |
| contains one or more of the following dietary ingredients: | 72124 |
| (i) A vitamin; | 72125 |
| (ii) A mineral; | 72126 |
| (iii) An herb or other botanical; | 72127 |
| (iv) An amino acid; | 72128 |
| (v) A dietary substance for use by humans to supplement the | 72129 |
| diet by increasing the total dietary intake; | 72130 |
| (vi) A concentrate, metabolite, constituent, extract, or | 72131 |
| combination of any ingredient described in divisions | 72132 |
| (EEE) | 72133 |
| (c) "Soft drinks" means nonalcoholic beverages that contain | 72134 |
| natural or artificial sweeteners. "Soft drinks" does not include | 72135 |
| beverages that contain milk or milk products, soy, rice, or | 72136 |
| similar milk substitutes, or that contains greater than fifty per | 72137 |
| cent vegetable or fruit juice by volume. | 72138 |
| (d) "Tobacco" means cigarettes, cigars, chewing or pipe | 72139 |
| tobacco, or any other item that contains tobacco. | 72140 |
| (FFF) "Drug" means a compound, substance, or preparation, and | 72141 |
| any component of a compound, substance, or preparation, other than | 72142 |
| food, dietary supplements, or alcoholic beverages that is | 72143 |
| recognized in the official United States pharmacopoeia, official | 72144 |
| homeopathic pharmacopoeia of the United States, or official | 72145 |
| national formulary, and supplements to them; is intended for use | 72146 |
| in the diagnosis, cure, mitigation, treatment, or prevention of | 72147 |
| disease; or is intended to affect the structure or any function of | 72148 |
| the body. | 72149 |
| (GGG) "Prescription" means an order, formula, or recipe | 72150 |
| issued in any form of oral, written, electronic, or other means of | 72151 |
| transmission by a duly licensed practitioner authorized by the | 72152 |
| laws of this state to issue a prescription. | 72153 |
| (HHH) "Durable medical equipment" means equipment, including | 72154 |
| repair and replacement parts for such equipment, that can | 72155 |
| withstand repeated use, is primarily and customarily used to serve | 72156 |
| a medical purpose, generally is not useful to a person in the | 72157 |
| absence of illness or injury, and is not worn in or on the body. | 72158 |
| "Durable medical equipment" does not include mobility enhancing | 72159 |
| equipment. | 72160 |
| (III) "Mobility enhancing equipment" means equipment, | 72161 |
| including repair and replacement parts for such equipment, that is | 72162 |
| primarily and customarily used to provide or increase the ability | 72163 |
| to move from one place to another and is appropriate for use | 72164 |
| either in a home or a motor vehicle, that is not generally used by | 72165 |
| persons with normal mobility, and that does not include any motor | 72166 |
| vehicle or equipment on a motor vehicle normally provided by a | 72167 |
| motor vehicle manufacturer. "Mobility enhancing equipment" does | 72168 |
| not include durable medical equipment. | 72169 |
| (JJJ) "Prosthetic device" means a replacement, corrective, or | 72170 |
| supportive device, including repair and replacement parts for the | 72171 |
| device, worn on or in the human body to artificially replace a | 72172 |
| missing portion of the body, prevent or correct physical deformity | 72173 |
| or malfunction, or support a weak or deformed portion of the body. | 72174 |
| As used in this division, "prosthetic device" does not include | 72175 |
| corrective eyeglasses, contact lenses, or dental prosthesis. | 72176 |
| (KKK)(1) "Fractional aircraft ownership program" means a | 72177 |
| program in which persons within an affiliated group sell and | 72178 |
| manage fractional ownership program aircraft, provided that at | 72179 |
| least one hundred airworthy aircraft are operated in the program | 72180 |
| and the program meets all of the following criteria: | 72181 |
| (a) Management services are provided by at least one program | 72182 |
| manager within an affiliated group on behalf of the fractional | 72183 |
| owners. | 72184 |
| (b) Each program aircraft is owned or possessed by at least | 72185 |
| one fractional owner. | 72186 |
| (c) Each fractional owner owns or possesses at least a | 72187 |
| one-sixteenth interest in at least one fixed-wing program | 72188 |
| aircraft. | 72189 |
| (d) A dry-lease aircraft interchange arrangement is in effect | 72190 |
| among all of the fractional owners. | 72191 |
| (e) Multi-year program agreements are in effect regarding the | 72192 |
| fractional ownership, management services, and dry-lease aircraft | 72193 |
| interchange arrangement aspects of the program. | 72194 |
| (2) As used in division (KKK)(1) of this section: | 72195 |
| (a) "Affiliated group" has the same meaning as in division | 72196 |
| (B)(3)(e) of this section. | 72197 |
| (b) "Fractional owner" means a person that owns or possesses | 72198 |
| at least a one-sixteenth interest in a program aircraft and has | 72199 |
| entered into the agreements described in division (KKK)(1)(e) of | 72200 |
| this section. | 72201 |
| (c) "Fractional ownership program aircraft" or "program | 72202 |
| aircraft" means a turbojet aircraft that is owned or possessed by | 72203 |
| a fractional owner and that has been included in a dry-lease | 72204 |
| aircraft interchange arrangement and agreement under divisions | 72205 |
| (KKK)(1)(d) and (e) of this section, or an aircraft a program | 72206 |
| manager owns or possesses primarily for use in a fractional | 72207 |
| aircraft ownership program. | 72208 |
| (d) "Management services" means administrative and aviation | 72209 |
| support services furnished under a fractional aircraft ownership | 72210 |
| program in accordance with a management services agreement under | 72211 |
| division (KKK)(1)(e) of this section, and offered by the program | 72212 |
| manager to the fractional owners, including, at a minimum, the | 72213 |
| establishment and implementation of safety guidelines; the | 72214 |
| coordination of the scheduling of the program aircraft and crews; | 72215 |
| program aircraft maintenance; program aircraft insurance; crew | 72216 |
| training for crews employed, furnished, or contracted by the | 72217 |
| program manager or the fractional owner; the satisfaction of | 72218 |
| record-keeping requirements; and the development and use of an | 72219 |
| operations manual and a maintenance manual for the fractional | 72220 |
| aircraft ownership program. | 72221 |
| (e) "Program manager" means the person that offers management | 72222 |
| services to fractional owners pursuant to a management services | 72223 |
| agreement under division (KKK)(1)(e) of this section. | 72224 |
| Sec. 5739.012. (A) As used in this section: | 72225 |
| (1) "Bundled transaction" means the retail sale of two or | 72226 |
| more products, except real property and services to real property, | 72227 |
| where the products are otherwise distinct and identifiable | 72228 |
| products and are sold for one non-itemized price. "Bundled | 72229 |
| transaction" does not include the sale of any products in which | 72230 |
| the sales price varies, or is negotiable, based on the selection | 72231 |
| by the consumer of the products included in the transaction. | 72232 |
| As used in division (A)(1) of this section: | 72233 |
| (a) "Distinct and identifiable products" does not include any | 72234 |
| of the following: | 72235 |
| (i) Packaging, including containers, boxes, sacks, bags, and | 72236 |
| bottles, and packaging materials, including wrapping, labels, | 72237 |
| tags, and instruction guides that accompany the retail sale of the | 72238 |
| products and are incidental or immaterial to the retail sale | 72239 |
| thereof; | 72240 |
| (ii) A product provided free of charge with the required | 72241 |
| purchase of another product. A product is provided free of charge | 72242 |
| if the sales price of the product purchased does not vary | 72243 |
| depending on the inclusion of the product provided free of charge. | 72244 |
| (iii) Items included in the definition of "price" under | 72245 |
| division (H) of section 5739.01 of the Revised Code. | 72246 |
| (b) "One non-itemized price" does not include a price that is | 72247 |
| separately identified by product on binding sales or other | 72248 |
| supporting sales-related documents made available to the consumer | 72249 |
| in paper or electronic form, including an invoice, bill of sale, | 72250 |
| receipt, contract, service agreement, lease agreement, periodic | 72251 |
| notice of rates and services, rate card, or price list. | 72252 |
| (2) "De minimis" means the vendor's or seller's purchase | 72253 |
| price or sales price of taxable products is ten per cent or less | 72254 |
| of the total purchase price or sales price of bundled products. | 72255 |
| Vendors and sellers shall use either the purchase price or the | 72256 |
| sales price of the products to determine if the taxable products | 72257 |
| are de minimis, and shall use the full term of a service contract | 72258 |
| to determine if the taxable products are de minimis. Vendors and | 72259 |
| sellers shall not use a combination of the purchase price and | 72260 |
| sales price of the products to determine if the taxable products | 72261 |
| are de minimis. | 72262 |
| (3) "Over-the-counter drug" means a drug that contains a | 72263 |
| label that identifies the product as a drug as required by 21 | 72264 |
| C.F.R. 201.66, and the label includes either a "Drug Facts" panel | 72265 |
| or a statement of the active ingredients with a list of those | 72266 |
| ingredients contained in the drug. | 72267 |
| (B) A transaction that otherwise meets the definition of a | 72268 |
| bundled transaction is not a bundled transaction if it is any of | 72269 |
| the following: | 72270 |
| (1) A retail sale of tangible personal property and a service | 72271 |
| where the tangible personal property is essential to the use of | 72272 |
| the service, and is provided exclusively in connection with the | 72273 |
| service, and the true object of the transaction is the service; | 72274 |
| (2) A retail sale of services where one service is provided | 72275 |
| that is essential to the use or receipt of a second service, the | 72276 |
| first service is provided exclusively in connection with the | 72277 |
| second service, and the true object of the transaction is the | 72278 |
| second service; | 72279 |
| (3) A transaction that includes taxable products and | 72280 |
| nontaxable products, and the purchase price or sales price of the | 72281 |
| taxable products is de minimis; | 72282 |
| (4) A retail sale of exempt tangible personal property and | 72283 |
| taxable tangible personal property where the transaction includes | 72284 |
| food and food ingredients, drugs, durable medical equipment, | 72285 |
| mobility enhancing equipment, over-the-counter drugs, prosthetic | 72286 |
| devices, or medical supplies, and the vendor's or seller's | 72287 |
| purchase price or sales price of the taxable tangible personal | 72288 |
| property is fifty per cent or less of the total purchase price or | 72289 |
| sales price of the bundled tangible personal property. Vendors and | 72290 |
| sellers may not use a combination of the purchase price and sales | 72291 |
| price of the tangible personal property when making the fifty per | 72292 |
| cent determination for a transaction. | 72293 |
| (C) In the case of a bundled transaction that includes | 72294 |
| telecommunications service, ancillary service, internet access, or | 72295 |
| audio or video programming service: | 72296 |
| (1) If the price is attributable to products that are taxable | 72297 |
| and products that are nontaxable, the portion of the price | 72298 |
| attributable to the nontaxable products shall be subject to tax | 72299 |
| unless the provider, by reasonable and verifiable standards, can | 72300 |
| identify the portion from its books and records that are kept in | 72301 |
| the regular course of business for other purposes, including, but | 72302 |
| not limited to, non-tax purposes. | 72303 |
| (2) If the price is attributable to products that are subject | 72304 |
| to tax at different tax rates, the total price shall be treated as | 72305 |
| attributable to the products subject to tax at the highest tax | 72306 |
| rate unless the provider can identify by reasonable and verifiable | 72307 |
| standards the portion of the price attributable to the products | 72308 |
| subject to tax at the lower rate from its books and records that | 72309 |
| are kept in the regular course of business for other purposes, | 72310 |
| including non-tax purposes. | 72311 |
| (D) In all other cases of bundled transactions, the | 72312 |
| taxability of the transaction shall be determined by the true | 72313 |
| object of the consumer entering into the transaction. | 72314 |
| Sec. 5739.02. For the purpose of providing revenue with | 72315 |
| which to meet the needs of the state, for the use of the general | 72316 |
| revenue fund of the state, for the purpose of securing a thorough | 72317 |
| and efficient system of common schools throughout the state, for | 72318 |
| the purpose of affording revenues, in addition to those from | 72319 |
| general property taxes, permitted under constitutional | 72320 |
| limitations, and from other sources, for the support of local | 72321 |
| governmental functions, and for the purpose of reimbursing the | 72322 |
| state for the expense of administering this chapter, an excise tax | 72323 |
| is hereby levied on each retail sale made in this state. | 72324 |
| (A)(1) The tax shall be collected as provided in section | 72325 |
| 5739.025 of the Revised Code, provided that on and after July 1, | 72326 |
| 2003, and on or before June 30, 2005, the rate of tax shall be six | 72327 |
| per cent. On and after July 1, 2005, the rate of the tax shall be | 72328 |
| five and one-half per cent. The tax applies and is collectible | 72329 |
| when the sale is made, regardless of the time when the price is | 72330 |
| paid or delivered. | 72331 |
| (2) In the case of the lease or rental, with a fixed term of | 72332 |
| more than thirty days or an indefinite term with a minimum period | 72333 |
| of more than thirty days, of any motor vehicles designed by the | 72334 |
| manufacturer to carry a load of not more than one ton, watercraft, | 72335 |
| outboard motor, or aircraft, or of any tangible personal property, | 72336 |
| other than motor vehicles designed by the manufacturer to carry a | 72337 |
| load of more than one ton, to be used by the lessee or renter | 72338 |
| primarily for business purposes, the tax shall be collected by the | 72339 |
| vendor at the time the lease or rental is consummated and shall be | 72340 |
| calculated by the vendor on the basis of the total amount to be | 72341 |
| paid by the lessee or renter under the lease agreement. If the | 72342 |
| total amount of the consideration for the lease or rental includes | 72343 |
| amounts that are not calculated at the time the lease or rental is | 72344 |
| executed, the tax shall be calculated and collected by the vendor | 72345 |
| at the time such amounts are billed to the lessee or renter. In | 72346 |
| the case of an open-end lease or rental, the tax shall be | 72347 |
| calculated by the vendor on the basis of the total amount to be | 72348 |
| paid during the initial fixed term of the lease or rental, and for | 72349 |
| each subsequent renewal period as it comes due. As used in this | 72350 |
| division, "motor vehicle" has the same meaning as in section | 72351 |
| 4501.01 of the Revised Code, and "watercraft" includes an outdrive | 72352 |
| unit attached to the watercraft. | 72353 |
| A lease with a renewal clause and a termination penalty or | 72354 |
| similar provision that applies if the renewal clause is not | 72355 |
| exercised is presumed to be a sham transaction. In such a case, | 72356 |
| the tax shall be calculated and paid on the basis of the entire | 72357 |
| length of the lease period, including any renewal periods, until | 72358 |
| the termination penalty or similar provision no longer applies. | 72359 |
| The taxpayer shall bear the burden, by a preponderance of the | 72360 |
| evidence, that the transaction or series of transactions is not a | 72361 |
| sham transaction. | 72362 |
| (3) Except as provided in division (A)(2) of this section, in | 72363 |
| the case of a sale, the price of which consists in whole or in | 72364 |
| part of the lease or rental of tangible personal property, the tax | 72365 |
| shall be measured by the installments of that lease or rental. | 72366 |
| (4) In the case of a sale of a physical fitness facility | 72367 |
| service or recreation and sports club service, the price of which | 72368 |
| consists in whole or in part of a membership for the receipt of | 72369 |
| the benefit of the service, the tax applicable to the sale shall | 72370 |
| be measured by the installments thereof. | 72371 |
| (B) The tax does not apply to the following: | 72372 |
| (1) Sales to the state or any of its political subdivisions, | 72373 |
| or to any other state or its political subdivisions if the laws of | 72374 |
| that state exempt from taxation sales made to this state and its | 72375 |
| political subdivisions; | 72376 |
| (2) Sales of food for human consumption off the premises | 72377 |
| where sold; | 72378 |
| (3) Sales of food sold to students only in a cafeteria, | 72379 |
| dormitory, fraternity, or sorority maintained in a private, | 72380 |
| public, or parochial school, college, or university; | 72381 |
| (4) Sales of newspapers and of magazine subscriptions and | 72382 |
| sales or transfers of magazines distributed as controlled | 72383 |
| circulation publications; | 72384 |
| (5) The furnishing, preparing, or serving of meals without | 72385 |
| charge by an employer to an employee provided the employer records | 72386 |
| the meals as part compensation for services performed or work | 72387 |
| done; | 72388 |
| (6) Sales of motor fuel upon receipt, use, distribution, or | 72389 |
| sale of which in this state a tax is imposed by the law of this | 72390 |
| state, but this exemption shall not apply to the sale of motor | 72391 |
| fuel on which a refund of the tax is allowable under division (A) | 72392 |
| of section 5735.14 of the Revised Code; and the tax commissioner | 72393 |
| may deduct the amount of tax levied by this section applicable to | 72394 |
| the price of motor fuel when granting a refund of motor fuel tax | 72395 |
| pursuant to division (A) of section 5735.14 of the Revised Code | 72396 |
| and shall cause the amount deducted to be paid into the general | 72397 |
| revenue fund of this state; | 72398 |
| (7) Sales of natural gas by a natural gas company, of water | 72399 |
| by a water-works company, or of steam by a heating company, if in | 72400 |
| each case the thing sold is delivered to consumers through pipes | 72401 |
| or conduits, and all sales of communications services by a | 72402 |
| telegraph company, all terms as defined in section 5727.01 of the | 72403 |
| Revised Code, and sales of electricity delivered through wires; | 72404 |
| (8) Casual sales by a person, or auctioneer employed directly | 72405 |
| by the person to conduct such sales, except as to such sales of | 72406 |
| motor vehicles, watercraft or outboard motors required to be | 72407 |
| titled under section 1548.06 of the Revised Code, watercraft | 72408 |
| documented with the United States coast guard, snowmobiles, and | 72409 |
| all-purpose vehicles as defined in section 4519.01 of the Revised | 72410 |
| Code; | 72411 |
| (9) Sales of services or tangible personal property, other | 72412 |
| than motor vehicles, mobile homes, and manufactured homes, by | 72413 |
| churches, organizations exempt from taxation under section | 72414 |
| 501(c)(3) of the Internal Revenue Code of 1986, or nonprofit | 72415 |
| organizations operated exclusively for charitable purposes as | 72416 |
| defined in division (B)(12) of this section, provided that the | 72417 |
| number of days on which such tangible personal property or | 72418 |
| services, other than items never subject to the tax, are sold does | 72419 |
| not exceed six in any calendar year. If the number of days on | 72420 |
| which such sales are made exceeds six in any calendar year, the | 72421 |
| church or organization shall be considered to be engaged in | 72422 |
| business and all subsequent sales by it shall be subject to the | 72423 |
| tax. In counting the number of days, all sales by groups within a | 72424 |
| church or within an organization shall be considered to be sales | 72425 |
| of that church or organization, except that sales made by separate | 72426 |
| student clubs and other groups of students of a primary or | 72427 |
| secondary school, and sales made by a parent-teacher association, | 72428 |
| booster group, or similar organization that raises money to | 72429 |
| support or fund curricular or extracurricular activities of a | 72430 |
| primary or secondary school, shall not be considered to be sales | 72431 |
| of such school, and sales by each such club, group, association, | 72432 |
| or organization shall be counted separately for purposes of the | 72433 |
| six-day limitation. This division does not apply to sales by a | 72434 |
| noncommercial educational radio or television broadcasting | 72435 |
| station. | 72436 |
| (10) Sales not within the taxing power of this state under | 72437 |
| the Constitution of the United States; | 72438 |
| (11) Except for transactions that are sales under division | 72439 |
| (B)(3) | 72440 |
| transportation of persons or property, unless the transportation | 72441 |
| is by a private investigation and security service; | 72442 |
| (12) Sales of tangible personal property or services to | 72443 |
| churches, to organizations exempt from taxation under section | 72444 |
| 501(c)(3) of the Internal Revenue Code of 1986, and to any other | 72445 |
| nonprofit organizations operated exclusively for charitable | 72446 |
| purposes in this state, no part of the net income of which inures | 72447 |
| to the benefit of any private shareholder or individual, and no | 72448 |
| substantial part of the activities of which consists of carrying | 72449 |
| on propaganda or otherwise attempting to influence legislation; | 72450 |
| sales to offices administering one or more homes for the aged or | 72451 |
| one or more hospital facilities exempt under section 140.08 of the | 72452 |
| Revised Code; and sales to organizations described in division (D) | 72453 |
| of section 5709.12 of the Revised Code. | 72454 |
| "Charitable purposes" means the relief of poverty; the | 72455 |
| improvement of health through the alleviation of illness, disease, | 72456 |
| or injury; the operation of an organization exclusively for the | 72457 |
| provision of professional, laundry, printing, and purchasing | 72458 |
| services to hospitals or charitable institutions; the operation of | 72459 |
| a home for the aged, as defined in section 5701.13 of the Revised | 72460 |
| Code; the operation of a radio or television broadcasting station | 72461 |
| that is licensed by the federal communications commission as a | 72462 |
| noncommercial educational radio or television station; the | 72463 |
| operation of a nonprofit animal adoption service or a county | 72464 |
| humane society; the promotion of education by an institution of | 72465 |
| learning that maintains a faculty of qualified instructors, | 72466 |
| teaches regular continuous courses of study, and confers a | 72467 |
| recognized diploma upon completion of a specific curriculum; the | 72468 |
| operation of a parent-teacher association, booster group, or | 72469 |
| similar organization primarily engaged in the promotion and | 72470 |
| support of the curricular or extracurricular activities of a | 72471 |
| primary or secondary school; the operation of a community or area | 72472 |
| center in which presentations in music, dramatics, the arts, and | 72473 |
| related fields are made in order to foster public interest and | 72474 |
| education therein; the production of performances in music, | 72475 |
| dramatics, and the arts; or the promotion of education by an | 72476 |
| organization engaged in carrying on research in, or the | 72477 |
| dissemination of, scientific and technological knowledge and | 72478 |
| information primarily for the public. | 72479 |
| Nothing in this division shall be deemed to exempt sales to | 72480 |
| any organization for use in the operation or carrying on of a | 72481 |
| trade or business, or sales to a home for the aged for use in the | 72482 |
| operation of independent living facilities as defined in division | 72483 |
| (A) of section 5709.12 of the Revised Code. | 72484 |
| (13) Building and construction materials and services sold to | 72485 |
| construction contractors for incorporation into a structure or | 72486 |
| improvement to real property under a construction contract with | 72487 |
| this state or a political subdivision of this state, or with the | 72488 |
| United States government or any of its agencies; building and | 72489 |
| construction materials and services sold to construction | 72490 |
| contractors for incorporation into a structure or improvement to | 72491 |
| real property that are accepted for ownership by this state or any | 72492 |
| of its political subdivisions, or by the United States government | 72493 |
| or any of its agencies at the time of completion of the structures | 72494 |
| or improvements; building and construction materials sold to | 72495 |
| construction contractors for incorporation into a horticulture | 72496 |
| structure or livestock structure for a person engaged in the | 72497 |
| business of horticulture or producing livestock; building | 72498 |
| materials and services sold to a construction contractor for | 72499 |
| incorporation into a house of public worship or religious | 72500 |
| education, or a building used exclusively for charitable purposes | 72501 |
| under a construction contract with an organization whose purpose | 72502 |
| is as described in division (B)(12) of this section; building | 72503 |
| materials and services sold to a construction contractor for | 72504 |
| incorporation into a building under a construction contract with | 72505 |
| an organization exempt from taxation under section 501(c)(3) of | 72506 |
| the Internal Revenue Code of 1986 when the building is to be used | 72507 |
| exclusively for the organization's exempt purposes; building and | 72508 |
| construction materials sold for incorporation into the original | 72509 |
| construction of a sports facility under section 307.696 of the | 72510 |
| Revised Code; and building and construction materials and services | 72511 |
| sold to a construction contractor for incorporation into real | 72512 |
| property outside this state if such materials and services, when | 72513 |
| sold to a construction contractor in the state in which the real | 72514 |
| property is located for incorporation into real property in that | 72515 |
| state, would be exempt from a tax on sales levied by that state; | 72516 |
| (14) Sales of ships or vessels or rail rolling stock used or | 72517 |
| to be used principally in interstate or foreign commerce, and | 72518 |
| repairs, alterations, fuel, and lubricants for such ships or | 72519 |
| vessels or rail rolling stock; | 72520 |
| (15) Sales to persons primarily engaged in any of the | 72521 |
| activities
mentioned in division (B) | 72522 |
| section, to persons engaged in making retail sales, or to persons | 72523 |
| who purchase for sale from a manufacturer tangible personal | 72524 |
| property that was produced by the manufacturer in accordance with | 72525 |
| specific designs provided by the purchaser, of packages, including | 72526 |
| material, labels, and parts for packages, and of machinery, | 72527 |
| equipment, and material for use primarily in packaging tangible | 72528 |
| personal property produced for sale, including any machinery, | 72529 |
| equipment, and supplies used to make labels or packages, to | 72530 |
| prepare packages or products for labeling, or to label packages or | 72531 |
| products, by or on the order of the person doing the packaging, or | 72532 |
| sold at retail. "Packages" includes bags, baskets, cartons, | 72533 |
| crates, boxes, cans, bottles, bindings, wrappings, and other | 72534 |
| similar devices and containers, but does not include motor | 72535 |
| vehicles or bulk tanks, trailers, or similar devices attached to | 72536 |
| motor vehicles. "Packaging" means placing in a package. Division | 72537 |
| (B) | 72538 |
| highway transportation for hire. | 72539 |
| (16) Sales of food to persons using food stamp benefits to | 72540 |
| purchase the food. As used in this division, "food" has the same | 72541 |
| meaning as in the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C. | 72542 |
| 2012, as amended, and federal regulations adopted pursuant to that | 72543 |
| act. | 72544 |
| (17) Sales to persons engaged in farming, agriculture, | 72545 |
| horticulture, or floriculture, of tangible personal property for | 72546 |
| use or consumption directly in the production by farming, | 72547 |
| agriculture, horticulture, or floriculture of other tangible | 72548 |
| personal property for use or consumption directly in the | 72549 |
| production of tangible personal property for sale by farming, | 72550 |
| agriculture, horticulture, or floriculture; or material and parts | 72551 |
| for incorporation into any such tangible personal property for use | 72552 |
| or consumption in production; and of tangible personal property | 72553 |
| for such use or consumption in the conditioning or holding of | 72554 |
| products produced by and for such use, consumption, or sale by | 72555 |
| persons engaged in farming, agriculture, horticulture, or | 72556 |
| floriculture, except where such property is incorporated into real | 72557 |
| property; | 72558 |
| (18) Sales of drugs for a human being | 72559 |
| only pursuant to a prescription; insulin as recognized in the | 72560 |
| official United States pharmacopoeia; urine and blood testing | 72561 |
| materials when used by diabetics or persons with hypoglycemia to | 72562 |
| test for glucose or acetone; hypodermic syringes and needles when | 72563 |
| used by diabetics for insulin injections; epoetin alfa when | 72564 |
| purchased for use in the treatment of persons with medical | 72565 |
| disease;
hospital
beds when purchased
| 72566 |
| 72567 | |
| or other medical facilities; and medical oxygen and medical | 72568 |
| oxygen-dispensing
equipment when purchased | 72569 |
| 72570 | |
| or other medical facilities; | 72571 |
| (19) Sales of prosthetic devices, durable medical equipment | 72572 |
| for home use, or mobility enhancing equipment, when made pursuant | 72573 |
| to a prescription and when such devices or equipment are for use | 72574 |
| by a human being. | 72575 |
| (20) Sales of emergency and fire protection vehicles and | 72576 |
| equipment to nonprofit organizations for use solely in providing | 72577 |
| fire protection and emergency services, including trauma care and | 72578 |
| emergency medical services, for political subdivisions of the | 72579 |
| state; | 72580 |
| (21) Sales of tangible personal property manufactured in this | 72581 |
| state, if sold by the manufacturer in this state to a retailer for | 72582 |
| use in the retail business of the retailer outside of this state | 72583 |
| and if possession is taken from the manufacturer by the purchaser | 72584 |
| within this state for the sole purpose of immediately removing the | 72585 |
| same from this state in a vehicle owned by the purchaser; | 72586 |
| (22) Sales of services provided by the state or any of its | 72587 |
| political subdivisions, agencies, instrumentalities, institutions, | 72588 |
| or authorities, or by governmental entities of the state or any of | 72589 |
| its political subdivisions, agencies, instrumentalities, | 72590 |
| institutions, or authorities; | 72591 |
| (23) Sales of motor vehicles to nonresidents of this state | 72592 |
| upon the presentation of an affidavit executed in this state by | 72593 |
| the nonresident purchaser affirming that the purchaser is a | 72594 |
| nonresident of this state, that possession of the motor vehicle is | 72595 |
| taken in this state for the sole purpose of immediately removing | 72596 |
| it from this state, that the motor vehicle will be permanently | 72597 |
| titled and registered in another state, and that the motor vehicle | 72598 |
| will not be used in this state; | 72599 |
| (24) Sales to persons engaged in the preparation of eggs for | 72600 |
| sale of tangible personal property used or consumed directly in | 72601 |
| such preparation, including such tangible personal property used | 72602 |
| for cleaning, sanitizing, preserving, grading, sorting, and | 72603 |
| classifying by size; packages, including material and parts for | 72604 |
| packages, and machinery, equipment, and material for use in | 72605 |
| packaging eggs for sale; and handling and transportation equipment | 72606 |
| and parts therefor, except motor vehicles licensed to operate on | 72607 |
| public highways, used in intraplant or interplant transfers or | 72608 |
| shipment of eggs in the process of preparation for sale, when the | 72609 |
| plant or plants within or between which such transfers or | 72610 |
| shipments occur are operated by the same person. "Packages" | 72611 |
| includes containers, cases, baskets, flats, fillers, filler flats, | 72612 |
| cartons, closure materials, labels, and labeling materials, and | 72613 |
| "packaging" means placing therein. | 72614 |
| (25)(a) Sales of water to a consumer for residential use, | 72615 |
| except the sale of bottled water, distilled water, mineral water, | 72616 |
| carbonated water, or ice; | 72617 |
| (b) Sales of water by a nonprofit corporation engaged | 72618 |
| exclusively in the treatment, distribution, and sale of water to | 72619 |
| consumers, if such water is delivered to consumers through pipes | 72620 |
| or tubing. | 72621 |
| (26) Fees charged for inspection or reinspection of motor | 72622 |
| vehicles under section 3704.14 of the Revised Code; | 72623 |
| (27) Sales to persons licensed to conduct a food service | 72624 |
| operation pursuant to section 3717.43 of the Revised Code, of | 72625 |
| tangible personal property primarily used directly for the | 72626 |
| following: | 72627 |
| (a) To prepare food for human consumption for sale; | 72628 |
| (b) To preserve food that has been or will be prepared for | 72629 |
| human consumption for sale by the food service operator, not | 72630 |
| including tangible personal property used to display food for | 72631 |
| selection by the consumer; | 72632 |
| (c) To clean tangible personal property used to prepare or | 72633 |
| serve food for human consumption for sale. | 72634 |
| (28) Sales of animals by nonprofit animal adoption services | 72635 |
| or county humane societies; | 72636 |
| (29) Sales of services to a corporation described in division | 72637 |
| (A) of section 5709.72 of the Revised Code, and sales of tangible | 72638 |
| personal property that qualifies for exemption from taxation under | 72639 |
| section 5709.72 of the Revised Code; | 72640 |
| (30) Sales and installation of agricultural land tile, as | 72641 |
| defined in division (B)(5)(a) of section 5739.01 of the Revised | 72642 |
| Code; | 72643 |
| (31) Sales and erection or installation of portable grain | 72644 |
| bins, as defined in division (B)(5)(b) of section 5739.01 of the | 72645 |
| Revised Code; | 72646 |
| (32) The sale, lease, repair, and maintenance of, parts for, | 72647 |
| or items attached to or incorporated in, motor vehicles that are | 72648 |
| primarily used for transporting tangible personal property | 72649 |
| belonging to others by a person engaged in highway transportation | 72650 |
| for hire, except for packages and packaging used for the | 72651 |
| transportation of tangible personal property; | 72652 |
| (33) Sales to the state headquarters of any veterans' | 72653 |
| organization in this state that is either incorporated and issued | 72654 |
| a charter by the congress of the United States or is recognized by | 72655 |
| the United States veterans administration, for use by the | 72656 |
| headquarters; | 72657 |
| (34) Sales to a telecommunications service vendor, mobile | 72658 |
| telecommunications service vendor, or satellite broadcasting | 72659 |
| service vendor of tangible personal property and services used | 72660 |
| directly and primarily in transmitting, receiving, switching, or | 72661 |
| recording any interactive, one- or two-way electromagnetic | 72662 |
| communications, including voice, image, data, and information, | 72663 |
| through the use of any medium, including, but not limited to, | 72664 |
| poles, wires, cables, switching equipment, computers, and record | 72665 |
| storage devices and media, and component parts for the tangible | 72666 |
| personal property. The exemption provided in this division shall | 72667 |
|
be in lieu of all other exemptions under division (B) | 72668 |
| of this section to which the vendor may otherwise be entitled, | 72669 |
| based upon the use of the thing purchased in providing the | 72670 |
| telecommunications, mobile telecommunications, or satellite | 72671 |
| broadcasting service. | 72672 |
| | 72673 |
| 72674 | |
| 72675 | |
| 72676 | |
| 72677 | |
| 72678 | |
| 72679 | |
| 72680 | |
| 72681 | |
| 72682 | |
| 72683 | |
| 72684 | |
| 72685 | |
| 72686 |
| | 72687 |
| or consume the things transferred in making retail sales and | 72688 |
| consisting of newspaper inserts, catalogues, coupons, flyers, gift | 72689 |
| certificates, or other advertising material that prices and | 72690 |
| describes tangible personal property offered for retail sale. | 72691 |
| (b) Sales to direct marketing vendors of preliminary | 72692 |
| materials such as photographs, artwork, and typesetting that will | 72693 |
| be used in printing advertising material; of printed matter that | 72694 |
| offers free merchandise or chances to win sweepstake prizes and | 72695 |
| that is mailed to potential customers with advertising material | 72696 |
|
described in division (B) | 72697 |
| equipment such as telephones, computers, facsimile machines, and | 72698 |
| similar tangible personal property primarily used to accept orders | 72699 |
| for direct marketing retail sales. | 72700 |
| (c) Sales of automatic food vending machines that preserve | 72701 |
| food with a shelf life of forty-five days or less by refrigeration | 72702 |
| and dispense it to the consumer. | 72703 |
| For purposes of division (B) | 72704 |
| marketing" means the method of selling where consumers order | 72705 |
| tangible personal property by United States mail, delivery | 72706 |
| service, or telecommunication and the vendor delivers or ships the | 72707 |
| tangible personal property sold to the consumer from a warehouse, | 72708 |
| catalogue distribution center, or similar fulfillment facility by | 72709 |
| means of the United States mail, delivery service, or common | 72710 |
| carrier. | 72711 |
| | 72712 |
| horticulture or producing livestock of materials to be | 72713 |
| incorporated into a horticulture structure or livestock structure; | 72714 |
| | 72715 |
| computer keyboards, modems, and other peripheral computer | 72716 |
| equipment to an individual who is licensed or certified to teach | 72717 |
| in an elementary or a secondary school in this state for use by | 72718 |
| that individual in preparation for teaching elementary or | 72719 |
| secondary school students; | 72720 |
| | 72721 |
| following: | 72722 |
| (a) Motor racing vehicles; | 72723 |
| (b) Repair services for motor racing vehicles; | 72724 |
| (c) Items of property that are attached to or incorporated in | 72725 |
| motor racing vehicles, including engines, chassis, and all other | 72726 |
| components of the vehicles, and all spare, replacement, and | 72727 |
| rebuilt parts or components of the vehicles; except not including | 72728 |
| tires, consumable fluids, paint, and accessories consisting of | 72729 |
| instrumentation sensors and related items added to the vehicle to | 72730 |
| collect and transmit data by means of telemetry and other forms of | 72731 |
| communication. | 72732 |
| | 72733 |
| homes, as defined in section 5739.0210 of the Revised Code, made | 72734 |
| on or after January 1, 2000; | 72735 |
| | 72736 |
| a provider of electricity used or consumed directly and primarily | 72737 |
| in generating, transmitting, or distributing electricity for use | 72738 |
| by others, including property that is or is to be incorporated | 72739 |
| into and will become a part of the consumer's production, | 72740 |
| transmission, or distribution system and that retains its | 72741 |
| classification as tangible personal property after incorporation; | 72742 |
| fuel or power used in the production, transmission, or | 72743 |
| distribution of electricity; and tangible personal property and | 72744 |
| services used in the repair and maintenance of the production, | 72745 |
| transmission, or distribution system, including only those motor | 72746 |
| vehicles as are specially designed and equipped for such use. The | 72747 |
| exemption provided in this division shall be in lieu of all other | 72748 |
| exemptions in division
(B) | 72749 |
| provider of electricity may otherwise be entitled based on the use | 72750 |
| of the tangible personal property or service purchased in | 72751 |
| generating, transmitting, or distributing electricity. | 72752 |
| | 72753 |
| (B)(3) | 72754 |
| personal property and services used directly and primarily in | 72755 |
| providing taxable services under that section. | 72756 |
| | 72757 |
| any of the following: | 72758 |
| (a) To incorporate the thing transferred as a material or a | 72759 |
| part into tangible personal property to be produced for sale by | 72760 |
| manufacturing, assembling, processing, or refining; or to use or | 72761 |
| consume the thing transferred directly in producing tangible | 72762 |
| personal property for sale by mining, including, without | 72763 |
| limitation, the extraction from the earth of all substances that | 72764 |
| are classed geologically as minerals, production of crude oil and | 72765 |
| natural gas, farming, agriculture, horticulture, or floriculture, | 72766 |
| or directly in the rendition of a public utility service, except | 72767 |
| that the sales tax levied by this section shall be collected upon | 72768 |
| all meals, drinks, and food for human consumption sold when | 72769 |
| transporting persons. Persons engaged in rendering farming, | 72770 |
| agricultural, horticultural, or floricultural services, and | 72771 |
| services in the exploration for, and production of, crude oil and | 72772 |
| natural gas, for others are deemed engaged directly in farming, | 72773 |
| agriculture, horticulture, and floriculture, or exploration for, | 72774 |
| and production of, crude oil and natural gas. This paragraph does | 72775 |
| not exempt from "retail sale" or "sales at retail" the sale of | 72776 |
| tangible personal property that is to be incorporated into a | 72777 |
| structure or improvement to real property. | 72778 |
| (b) To hold the thing transferred as security for the | 72779 |
| performance of an obligation of the vendor; | 72780 |
| (c) To resell, hold, use, or consume the thing transferred as | 72781 |
| evidence of a contract of insurance; | 72782 |
| (d) To use or consume the thing directly in commercial | 72783 |
| fishing; | 72784 |
| (e) To incorporate the thing transferred as a material or a | 72785 |
| part into, or to use or consume the thing transferred directly in | 72786 |
| the production of, magazines distributed as controlled circulation | 72787 |
| publications; | 72788 |
| (f) To use or consume the thing transferred in the production | 72789 |
| and preparation in suitable condition for market and sale of | 72790 |
| printed, imprinted, overprinted, lithographic, multilithic, | 72791 |
| blueprinted, photostatic, or other productions or reproductions of | 72792 |
| written or graphic matter; | 72793 |
| (g) To use the thing transferred, as described in section | 72794 |
| 5739.011 of the Revised Code, primarily in a manufacturing | 72795 |
| operation to produce tangible personal property for sale; | 72796 |
| (h) To use the benefit of a warranty, maintenance or service | 72797 |
| contract, or similar agreement, as described in division (B)(7) of | 72798 |
| section 5739.01 of the Revised Code, to repair or maintain | 72799 |
| tangible personal property, if all of the property that is the | 72800 |
| subject of the warranty, contract, or agreement would not be | 72801 |
| subject to the tax imposed by this section; | 72802 |
| (i) To use the thing transferred as qualified research and | 72803 |
| development equipment; | 72804 |
| (j) To use or consume the thing transferred primarily in | 72805 |
| storing, transporting, mailing, or otherwise handling purchased | 72806 |
| sales inventory in a warehouse, distribution center, or similar | 72807 |
| facility when the inventory is primarily distributed outside this | 72808 |
| state to retail stores of the person who owns or controls the | 72809 |
| warehouse, distribution center, or similar facility, to retail | 72810 |
| stores of an affiliated group of which that person is a member, or | 72811 |
| by means of direct marketing. This division does not apply to | 72812 |
| motor vehicles registered for operation on the public highways. As | 72813 |
| used in this division, "affiliated group" has the same meaning as | 72814 |
| in division (B)(3)(e) of section 5739.01 of the Revised Code and | 72815 |
| "direct marketing" has the same meaning as in division (B) | 72816 |
| of this section. | 72817 |
| (k) To use or consume the thing transferred to fulfill a | 72818 |
| contractual obligation incurred by a warrantor pursuant to a | 72819 |
| warranty provided as a part of the price of the tangible personal | 72820 |
| property sold or by a vendor of a warranty, maintenance or service | 72821 |
| contract, or similar agreement the provision of which is defined | 72822 |
| as a sale under division (B)(7) of section 5739.01 of the Revised | 72823 |
| Code; | 72824 |
| (l) To use or consume the thing transferred in the production | 72825 |
| of a newspaper for distribution to the public; | 72826 |
| (m) To use tangible personal property to perform a service | 72827 |
| listed in division (B)(3) of section 5739.01 of the Revised Code, | 72828 |
| if the property is or is to be permanently transferred to the | 72829 |
| consumer of the service as an integral part of the performance of | 72830 |
| the service. | 72831 |
| As used in division (B) | 72832 |
| includes all transactions included in divisions (B)(3)(a), (b), | 72833 |
| and (e) of section 5739.01 of the Revised Code. | 72834 |
| | 72835 |
| activates vacuum equipment or equipment that dispenses water, | 72836 |
| whether or not in combination with soap or other cleaning agents | 72837 |
| or wax, to the consumer for the consumer's use on the premises in | 72838 |
| washing, cleaning, or waxing a motor vehicle, provided no other | 72839 |
| personal property or personal service is provided as part of the | 72840 |
| transaction. | 72841 |
| | 72842 |
| engines, airframes, instruments, and interiors in, and paint for, | 72843 |
| aircraft used primarily in a fractional aircraft ownership | 72844 |
| program, and sales of services for the repair, modification, and | 72845 |
| maintenance of such aircraft, and machinery, equipment, and | 72846 |
| supplies primarily used to provide those services. | 72847 |
| | 72848 |
| directly and primarily to perform the functions of a call center. | 72849 |
| As used in this division, "call center" means any physical | 72850 |
| location where telephone calls are placed or received in high | 72851 |
| volume for the purpose of making sales, marketing, customer | 72852 |
| service, technical support, or other specialized business | 72853 |
| activity, and that employs at least fifty individuals that engage | 72854 |
| in call center activities on a full-time basis, or sufficient | 72855 |
| individuals to fill fifty full-time equivalent positions. | 72856 |
| (46) Sales by a telecommunications service vendor of 900 | 72857 |
| service to a subscriber. This division does not apply to | 72858 |
| information services, as defined in division (FF) of section | 72859 |
| 5739.01 of the Revised Code. | 72860 |
| (47) Sales of value-added non-voice data service. This | 72861 |
| division does not apply to any similar service that is not | 72862 |
| otherwise a telecommunications service. | 72863 |
| (C) For the purpose of the proper administration of this | 72864 |
| chapter, and to prevent the evasion of the tax, it is presumed | 72865 |
| that all sales made in this state are subject to the tax until the | 72866 |
| contrary is established. | 72867 |
| | 72868 |
| and sports club service shall not prevent a municipal corporation | 72869 |
| from levying any tax on recreation and sports club dues or on any | 72870 |
| income generated by recreation and sports club dues. | 72871 |
| (E) The tax collected by the vendor from the consumer under | 72872 |
| this chapter is not part of the price, but is a tax collection for | 72873 |
| the benefit of the state, and of counties levying an additional | 72874 |
| sales tax pursuant to section 5739.021 or 5739.026 of the Revised | 72875 |
| Code and of transit authorities levying an additional sales tax | 72876 |
| pursuant to section 5739.023 of the Revised Code. Except for the | 72877 |
| discount authorized under section 5739.12 of the Revised Code and | 72878 |
| the effects of any rounding pursuant to section 5703.055 of the | 72879 |
| Revised Code, no person other than the state or such a county or | 72880 |
| transit authority shall derive any benefit from the collection or | 72881 |
| payment of the tax levied by this section or section 5739.021, | 72882 |
| 5739.023, or 5739.026 of the Revised Code. | 72883 |
| Sec. 5739.021. (A) For the purpose of providing additional | 72884 |
| general revenues for the county or supporting criminal and | 72885 |
| administrative justice services in the county, or both, and to pay | 72886 |
| the expenses of administering such levy, any county may levy a tax | 72887 |
| at the rate of not more than one per cent at any multiple of | 72888 |
| one-fourth of one per cent upon every retail sale made in the | 72889 |
| county, except sales of watercraft and outboard motors required to | 72890 |
| be titled pursuant to Chapter 1548. of the Revised Code and sales | 72891 |
| of motor vehicles, and may increase the rate of an existing tax to | 72892 |
| not more than one per cent at any multiple of one-fourth of one | 72893 |
| per cent. | 72894 |
| The tax shall be levied and the rate increased pursuant to a | 72895 |
| resolution of the board of county commissioners. The resolution | 72896 |
| shall state the purpose for which the tax is to be levied and the | 72897 |
| number of years for which the tax is to be levied, or that it is | 72898 |
| for a continuing period of time. If the tax is to be levied for | 72899 |
| the purpose of providing additional general revenues and for the | 72900 |
| purpose of supporting criminal and administrative justice | 72901 |
| services, the resolution shall state the rate or amount of the tax | 72902 |
| to be apportioned to each such purpose. The rate or amount may be | 72903 |
| different for each year the tax is to be levied, but the rates or | 72904 |
| amounts actually apportioned each year shall not be different from | 72905 |
| that stated in the resolution for that year. Unless the resolution | 72906 |
| is adopted as an emergency measure, or is to be submitted to the | 72907 |
| electors of the county under division (B)(1) of this section, the | 72908 |
| resolution shall be adopted at least one hundred twenty days prior | 72909 |
| to the date on which the tax or the increased rate of tax is to go | 72910 |
| into effect. If the resolution is adopted as an emergency measure | 72911 |
| necessary for the immediate preservation of the public peace, | 72912 |
| health, or safety, it must receive an affirmative vote of all of | 72913 |
| the members of the board of county commissioners and shall state | 72914 |
| the reasons for such necessity. The board shall deliver a | 72915 |
| certified copy of the resolution to the tax commissioner, not | 72916 |
| later than the sixty-fifth day prior to the date on which the tax | 72917 |
| is to become effective, which shall be the first day of the | 72918 |
| calendar quarter. | 72919 |
| Prior to the adoption of any resolution under this section, | 72920 |
| the board of county commissioners shall conduct two public | 72921 |
| hearings on the resolution, the second hearing to be not less than | 72922 |
| three nor more than ten days after the first. Notice of the date, | 72923 |
| time, and place of the hearings shall be given by publication in a | 72924 |
| newspaper of general circulation in the county once a week on the | 72925 |
| same day of the week for two consecutive weeks, the second | 72926 |
| publication being not less than ten nor more than thirty days | 72927 |
| prior to the first hearing. | 72928 |
| Except as provided in division (B)(3) of this section, the | 72929 |
| resolution shall be subject to a referendum as provided in | 72930 |
| sections 305.31 to 305.41 of the Revised Code. | 72931 |
| If a petition for a referendum is filed, the county auditor | 72932 |
| with whom the petition was filed shall, within five days, notify | 72933 |
| the board of county commissioners and the tax commissioner of the | 72934 |
| filing of the petition by certified mail. If the board of | 72935 |
| elections with which the petition was filed declares the petition | 72936 |
| invalid, the board of elections, within five days, shall notify | 72937 |
| the board of county commissioners and the tax commissioner of that | 72938 |
| declaration by certified mail. If the petition is declared to be | 72939 |
| invalid, the effective date of the tax or increased rate of tax | 72940 |
| levied by this section shall be the first day of a calendar | 72941 |
| quarter following the expiration of sixty-five days from the date | 72942 |
| the commissioner receives notice from the board of elections that | 72943 |
| the petition is invalid. | 72944 |
| (B)(1) A resolution that is not adopted as an emergency | 72945 |
| measure may direct the board of elections to submit the question | 72946 |
| of levying the tax or increasing the rate of tax to the electors | 72947 |
| of the county at a special election held on the date specified by | 72948 |
| the board of county commissioners in the resolution, provided that | 72949 |
| the election occurs not less than seventy-five days after a | 72950 |
| certified copy of such resolution is transmitted to the board of | 72951 |
| elections and the election is not held in February or August of | 72952 |
| any year. Upon transmission of the resolution to the board of | 72953 |
| elections, the board of county commissioners shall notify the tax | 72954 |
| commissioner in writing of the levy question to be submitted to | 72955 |
| the electors. No resolution adopted under this division shall go | 72956 |
| into effect unless approved by a majority of those voting upon it, | 72957 |
| and, except as provided in division (B)(3) of this section, shall | 72958 |
| become effective on the first day of a calendar quarter following | 72959 |
| the expiration of sixty-five days from the date the tax | 72960 |
| commissioner receives notice from the board of elections of the | 72961 |
| affirmative vote. | 72962 |
| (2) A resolution that is adopted as an emergency measure | 72963 |
|
shall go into effect as provided in | 72964 |
| of this section, but may direct the board of elections to submit | 72965 |
| the question of repealing the tax or increase in the rate of the | 72966 |
| tax to the electors of the county at the next general election in | 72967 |
| the county occurring not less than seventy-five days after a | 72968 |
| certified copy of the resolution is transmitted to the board of | 72969 |
| elections. Upon transmission of the resolution to the board of | 72970 |
| elections, the board of county commissioners shall notify the tax | 72971 |
| commissioner in writing of the levy question to be submitted to | 72972 |
| the electors. The ballot question shall be the same as that | 72973 |
| prescribed in section 5739.022 of the Revised Code. The board of | 72974 |
| elections shall notify the board of county commissioners and the | 72975 |
| tax commissioner of the result of the election immediately after | 72976 |
| the result has been declared. If a majority of the qualified | 72977 |
| electors voting on the question of repealing the tax or increase | 72978 |
| in the rate of the tax vote for repeal of the tax or repeal of the | 72979 |
| increase, the board of county commissioners, on the first day of a | 72980 |
| calendar quarter following the expiration of sixty-five days after | 72981 |
| the date the board and tax commissioner receive notice of the | 72982 |
| result of the election, shall, in the case of a repeal of the tax, | 72983 |
| cease to levy the tax, or, in the case of a repeal of an increase | 72984 |
| in the rate of the tax, cease to levy the increased rate and levy | 72985 |
| the tax at the rate at which it was imposed immediately prior to | 72986 |
| the increase in rate. | 72987 |
| (3) If a vendor that is registered with the central | 72988 |
| electronic registration system provided for in section 5740.05 of | 72989 |
| the Revised Code makes a sale in this state by printed catalog and | 72990 |
| the consumer computed the tax on the sale based on local rates | 72991 |
| published in the catalog, any tax levied or repealed or rate | 72992 |
| changed under this section shall not apply to such a sale until | 72993 |
| the first day of a calendar quarter following the expiration of | 72994 |
| one hundred twenty days from the date of notice by the tax | 72995 |
| commissioner pursuant to division (H) of this section. | 72996 |
| (C) If a resolution is rejected at a referendum or if a | 72997 |
| resolution adopted after January 1, 1982, as an emergency measure | 72998 |
| is repealed by the electors pursuant to division (B)(2) of this | 72999 |
| section or section 5739.022 of the Revised Code, then for one year | 73000 |
| after the date of the election at which the resolution was | 73001 |
| rejected or repealed the board of county commissioners may not | 73002 |
| adopt any resolution authorized by this section as an emergency | 73003 |
| measure. | 73004 |
| (D) The board of county commissioners, at any time while a | 73005 |
| tax levied under this section is in effect, may by resolution | 73006 |
| reduce the rate at which the tax is levied to a lower rate | 73007 |
| authorized by this section. Any reduction in the rate at which the | 73008 |
| tax is levied shall be made effective on the first day of a | 73009 |
| calendar quarter next following the sixty-fifth day after a | 73010 |
| certified copy of the resolution is delivered to the tax | 73011 |
| commissioner. | 73012 |
| (E) The tax on every retail sale subject to a tax levied | 73013 |
| pursuant to this section shall be in addition to the tax levied by | 73014 |
| section 5739.02 of the Revised Code and any tax levied pursuant to | 73015 |
| section 5739.023 or 5739.026 of the Revised Code. | 73016 |
| A county that levies a tax pursuant to this section shall | 73017 |
| levy a tax at the same rate pursuant to section 5741.021 of the | 73018 |
| Revised Code. | 73019 |
| The additional tax levied by the county shall be collected | 73020 |
| pursuant to section 5739.025 of the Revised Code. If the | 73021 |
| additional tax or some portion thereof is levied for the purpose | 73022 |
| of criminal and administrative justice services, the revenue from | 73023 |
| the tax, or the amount or rate apportioned to that purpose, shall | 73024 |
| be credited to a special fund created in the county treasury for | 73025 |
| receipt of that revenue. | 73026 |
| Any tax levied pursuant to this section is subject to the | 73027 |
| exemptions provided in section 5739.02 of the Revised Code and in | 73028 |
| addition shall not be applicable to sales not within the taxing | 73029 |
| power of a county under the Constitution of the United States or | 73030 |
| the Ohio Constitution. | 73031 |
| (F) For purposes of this section, a copy of a resolution is | 73032 |
| "certified" when it contains a written statement attesting that | 73033 |
| the copy is a true and exact reproduction of the original | 73034 |
| resolution. | 73035 |
| (G) If a board of commissioners intends to adopt a resolution | 73036 |
| to levy a tax in whole or in part for the purpose of criminal and | 73037 |
| administrative justice services, the board shall prepare and make | 73038 |
| available at the first public hearing at which the resolution is | 73039 |
| considered a statement containing the following information: | 73040 |
| (1) For each of the two preceding fiscal years, the amount of | 73041 |
| expenditures made by the county from the county general fund for | 73042 |
| the purpose of criminal and administrative justice services; | 73043 |
| (2) For the fiscal year in which the resolution is adopted, | 73044 |
| the board's estimate of the amount of expenditures to be made by | 73045 |
| the county from the county general fund for the purpose of | 73046 |
| criminal and administrative justice services; | 73047 |
| (3) For each of the two fiscal years after the fiscal year in | 73048 |
| which the resolution is adopted, the board's preliminary plan for | 73049 |
| expenditures to be made from the county general fund for the | 73050 |
| purpose of criminal and administrative justice services, both | 73051 |
| under the assumption that the tax will be imposed for that purpose | 73052 |
| and under the assumption that the tax would not be imposed for | 73053 |
| that purpose, and for expenditures to be made from the special | 73054 |
| fund created under division (E) of this section under the | 73055 |
| assumption that the tax will be imposed for that purpose. | 73056 |
| The board shall prepare the statement and the preliminary | 73057 |
| plan using the best information available to the board at the time | 73058 |
| the statement is prepared. Neither the statement nor the | 73059 |
| preliminary plan shall be used as a basis to challenge the | 73060 |
| validity of the tax in any court of competent jurisdiction, nor | 73061 |
| shall the statement or preliminary plan limit the authority of the | 73062 |
| board to appropriate, pursuant to section 5705.38 of the Revised | 73063 |
| Code, an amount different from that specified in the preliminary | 73064 |
| plan. | 73065 |
| (H) Upon receipt from a board of county commissioners of a | 73066 |
| certified copy of a resolution required by division (A) or (D) of | 73067 |
| this section, or from the board of elections of a notice of the | 73068 |
| results of an election required by division (A) or (B)(1) or (2) | 73069 |
| of this section, the tax commissioner shall provide notice of a | 73070 |
| tax rate change in a manner that is reasonably accessible to all | 73071 |
| affected vendors. The commissioner shall provide this notice at | 73072 |
| least sixty days prior to the effective date of the rate change. | 73073 |
| The commissioner, by rule, may establish the method by which | 73074 |
| notice will be provided. | 73075 |
| (I) As used in this section, "criminal and administrative | 73076 |
| justice services" means the exercise by the county sheriff of all | 73077 |
| powers and duties vested in that office by law; the exercise by | 73078 |
| the county prosecuting attorney of all powers and duties vested in | 73079 |
| that office by law; the exercise by any court in the county of all | 73080 |
| powers and duties vested in that court; the exercise by the clerk | 73081 |
| of the court of common pleas, any clerk of a municipal court | 73082 |
| having jurisdiction throughout the county, or the clerk of any | 73083 |
| county court of all powers and duties vested in the clerk by law | 73084 |
| except, in the case of the clerk of the court of common pleas, the | 73085 |
| titling of motor vehicles or watercraft pursuant to Chapter 1548. | 73086 |
| or 4505. of the Revised Code; the exercise by the county coroner | 73087 |
| of all powers and duties vested in that office by law; making | 73088 |
| payments to any other public agency or a private, nonprofit | 73089 |
| agency, the purposes of which in the county include the diversion, | 73090 |
| adjudication, detention, or rehabilitation of criminals or | 73091 |
| juvenile offenders; the operation and maintenance of any detention | 73092 |
| facility, as defined in section 2921.01 of the Revised Code; and | 73093 |
| the construction, acquisition, equipping, or repair of such a | 73094 |
| detention facility, including the payment of any debt charges | 73095 |
| incurred in the issuance of securities pursuant to Chapter 133. of | 73096 |
| the Revised Code for the purpose of constructing, acquiring, | 73097 |
| equipping, or repairing such a facility. | 73098 |
| Sec. 5739.025. As used in this section, "local tax" means a | 73099 |
| tax imposed pursuant to section 5739.021, 5739.023, 5739.026, | 73100 |
| 5741.021, 5741.022, or 5741.023 of the Revised Code. | 73101 |
| (A) The taxes levied by sections 5739.02 and 5741.02 of the | 73102 |
| Revised Code shall be collected as follows: | 73103 |
| (1) On and after July 1, 2003, and on or before June 30, | 73104 |
| 2005, in accordance with the following schedule: | 73105 |
| If the price | The amount of | 73106 | |||||
| is at least | But not more than | the tax is | 73107 | ||||
| $ .01 | $ .15 | No tax | 73108 | ||||
| .16 | .16 | 1¢ | 73109 | ||||
| .17 | .33 | 2¢ | 73110 | ||||
| .34 | .50 | 3¢ | 73111 | ||||
| .51 | .66 | 4¢ | 73112 | ||||
| .67 | .83 | 5¢ | 73113 | ||||
| .84 | 1.00 | 6¢ | 73114 | ||||
| If the price exceeds one dollar, the tax is six cents on each | 73115 |
| one dollar. If the price exceeds one dollar or a multiple thereof | 73116 |
| by not more than seventeen cents, the amount of tax is six cents | 73117 |
| for each one dollar plus one cent. If the price exceeds one dollar | 73118 |
| or a multiple thereof by more than seventeen cents, the amount of | 73119 |
| tax is six cents for each one dollar plus the amount of tax for | 73120 |
| prices eighteen cents through ninety-nine cents in accordance with | 73121 |
| the schedule above. | 73122 |
| (2) On and after July 1, 2005, and on and before December 31, | 73123 |
| 2005, in accordance with the following schedule: | 73124 |
| If the price | But not | The amount | 73125 | |||||
| is at least | more than | of the tax is | 73126 |
| $ .01 | $ .15 | No tax | 73127 | |||||
| .16 | 1¢ | 73128 | ||||||
| 2¢ | 73129 | |||||||
| 3¢ | 73130 | |||||||
| 4¢ | 73131 | |||||||
| 5¢ | 73132 | |||||||
| .91 | 1.09 | 6¢ | 73133 | |||||
| 1.10 | 1.27 | 7¢ | 73134 | |||||
| 1.28 | 1.46 | 8¢ | 73135 | |||||
| 1.47 | 1.64 | 9¢ | 73136 | |||||
| 1.65 | 1.82 | 10¢ | 73137 | |||||
| 1.83 | 2.00 | 11¢ | 73138 |
| If the price exceeds | 73139 |
| eleven cents on
each | 73140 |
| 73141 | |
| 73142 | |
| each | 73143 |
| 73144 | |
| eighteen cents, the
amount of tax is | 73145 |
| 73146 | |
| 73147 | |
| in accordance with the schedule above. | 73148 |
| (B) On and after July 1, 2003, and on and before June 30, | 73149 |
| 2005, the combined taxes levied by sections 5739.02 and 5741.02 | 73150 |
| and pursuant to sections 5739.021, 5739.023, 5739.026, 5741.021, | 73151 |
| 5741.022, and 5741.023 of the Revised Code shall be collected in | 73152 |
| accordance with the following schedules: | 73153 |
| (1) When the combined rate of state and local tax is six and | 73154 |
| one-fourth per cent: | 73155 |
| If the price | The amount of | 73156 | |||||
| is at least | But not more than | the tax is | 73157 | ||||
| $ .01 | $ .15 | No tax | 73158 | ||||
| .16 | .16 | 1¢ | 73159 | ||||
| .17 | .32 | 2¢ | 73160 | ||||
| .33 | .48 | 3¢ | 73161 | ||||
| .49 | .64 | 4¢ | 73162 | ||||
| .65 | .80 | 5¢ | 73163 | ||||
| .81 | .96 | 6¢ | 73164 | ||||
| .97 | 1.12 | 7¢ | 73165 | ||||
| 1.13 | 1.28 | 8¢ | 73166 | ||||
| 1.29 | 1.44 | 9¢ | 73167 | ||||
| 1.45 | 1.60 | 10¢ | 73168 | ||||
| 1.61 | 1.76 | 11¢ | 73169 | ||||
| 1.77 | 1.92 | 12¢ | 73170 | ||||
| 1.93 | 2.08 | 13¢ | 73171 | ||||
| 2.09 | 2.24 | 14¢ | 73172 | ||||
| 2.25 | 2.40 | 15¢ | 73173 | ||||
| 2.41 | 2.56 | 16¢ | 73174 | ||||
| 2.57 | 2.72 | 17¢ | 73175 | ||||
| 2.73 | 2.88 | 18¢ | 73176 | ||||
| 2.89 | 3.04 | 19¢ | 73177 | ||||
| 3.05 | 3.20 | 20¢ | 73178 | ||||
| 3.21 | 3.36 | 21¢ | 73179 | ||||
| 3.37 | 3.52 | 22¢ | 73180 | ||||
| 3.53 | 3.68 | 23¢ | 73181 | ||||
| 3.69 | 3.84 | 24¢ | 73182 | ||||
| 3.85 | 4.00 | 25¢ | 73183 | ||||
| If the price exceeds four dollars, the tax is twenty-five | 73184 |
| cents on each four dollars. If the price exceeds four dollars or a | 73185 |
| multiple thereof by not more than sixteen cents, the amount of tax | 73186 |
| is twenty-five cents for each four dollars plus one cent. If the | 73187 |
| price exceeds four dollars or a multiple thereof by more than | 73188 |
| sixteen cents, the amount of tax is twenty-five cents for each | 73189 |
| four dollars plus the amount of tax for prices seventeen cents | 73190 |
| through three dollars and ninety-nine cents in accordance with the | 73191 |
| schedule above. | 73192 |
| (2) When the combined rate of state and local tax is six and | 73193 |
| one-half per cent: | 73194 |
| If the price | The amount of | 73195 | |||||
| is at least | But not more than | the tax is | 73196 | ||||
| $ .01 | $ .15 | No tax | 73197 | ||||
| .16 | .30 | 2¢ | 73198 | ||||
| .31 | .46 | 3¢ | 73199 | ||||
| .47 | .61 | 4¢ | 73200 | ||||
| .62 | .76 | 5¢ | 73201 | ||||
| .77 | .92 | 6¢ | 73202 | ||||
| .93 | 1.07 | 7¢ | 73203 | ||||
| 1.08 | 1.23 | 8¢ | 73204 | ||||
| 1.24 | 1.38 | 9¢ | 73205 | ||||
| 1.39 | 1.53 | 10¢ | 73206 | ||||
| 1.54 | 1.69 | 11¢ | 73207 | ||||
| 1.70 | 1.84 | 12¢ | 73208 | ||||
| 1.85 | 2.00 | 13¢ | 73209 | ||||
| If the price exceeds two dollars, the tax is thirteen cents | 73210 |
| on each two dollars. If the price exceeds two dollars or a | 73211 |
| multiple thereof by not more than fifteen cents, the amount of tax | 73212 |
| is thirteen cents for each two dollars plus one cent. If the price | 73213 |
| exceeds two dollars or a multiple thereof by more than fifteen | 73214 |
| cents, the amount of tax is thirteen cents for each two dollars | 73215 |
| plus the amount of tax for prices sixteen cents through one dollar | 73216 |
| and ninety-nine cents in accordance with the schedule above. | 73217 |
| (3) When the combined rate of state and local tax is six and | 73218 |
| three-fourths per cent: | 73219 |
| If the price | The amount of | 73220 | |||||
| is at least | But not more than | the tax is | 73221 | ||||
| $ .01 | $ .15 | No tax | 73222 | ||||
| .16 | .29 | 2¢ | 73223 | ||||
| .30 | .44 | 3¢ | 73224 | ||||
| .45 | .59 | 4¢ | 73225 | ||||
| .60 | .74 | 5¢ | 73226 | ||||
| .75 | .88 | 6¢ | 73227 | ||||
| .89 | 1.03 | 7¢ | 73228 | ||||
| 1.04 | 1.18 | 8¢ | 73229 | ||||
| 1.19 | 1.33 | 9¢ | 73230 | ||||
| 1.34 | 1.48 | 10¢ | 73231 | ||||
| 1.49 | 1.62 | 11¢ | 73232 | ||||
| 1.63 | 1.77 | 12¢ | 73233 | ||||
| 1.78 | 1.92 | 13¢ | 73234 | ||||
| 1.93 | 2.07 | 14¢ | 73235 | ||||
| 2.08 | 2.22 | 15¢ | 73236 | ||||
| 2.23 | 2.37 | 16¢ | 73237 | ||||
| 2.38 | 2.51 | 17¢ | 73238 | ||||
| 2.52 | 2.66 | 18¢ | 73239 | ||||
| 2.67 | 2.81 | 19¢ | 73240 | ||||
| 2.82 | 2.96 | 20¢ | 73241 | ||||
| 2.97 | 3.11 | 21¢ | 73242 | ||||
| 3.12 | 3.25 | 22¢ | 73243 | ||||
| 3.26 | 3.40 | 23¢ | 73244 | ||||
| 3.41 | 3.55 | 24¢ | 73245 | ||||
| 3.56 | 3.70 | 25¢ | 73246 | ||||
| 3.71 | 3.85 | 26¢ | 73247 | ||||
| 3.86 | 4.00 | 27¢ | 73248 | ||||
| If the price exceeds four dollars, the tax is twenty-seven | 73249 |
| cents on each four dollars. If the price exceeds four dollars or a | 73250 |
| multiple thereof by not more than fourteen cents, the amount of | 73251 |
| tax is twenty-seven cents for each four dollars plus one cent. If | 73252 |
| the price exceeds four dollars or a multiple thereof by more than | 73253 |
| fourteen but by not more than twenty-nine cents, the amount of tax | 73254 |
| is twenty-seven cents for each four dollars plus two cents. If the | 73255 |
| price exceeds four dollars or a multiple thereof by more than | 73256 |
| twenty-nine cents the amount of tax is twenty-seven cents for each | 73257 |
| four dollars plus the amount of tax for prices thirty cents | 73258 |
| through three dollars and ninety-nine cents in accordance with the | 73259 |
| schedule above. | 73260 |
| (4) When the combined rate of state and local tax is seven | 73261 |
| per cent: | 73262 |
| If the price | The amount of | 73263 | |||||
| is at least | But not more than | the tax is | 73264 | ||||
| $ .01 | $ .15 | No tax | 73265 | ||||
| .16 | .28 | 2¢ | 73266 | ||||
| .29 | .42 | 3¢ | 73267 | ||||
| .43 | .57 | 4¢ | 73268 | ||||
| .58 | .71 | 5¢ | 73269 | ||||
| .72 | .85 | 6¢ | 73270 | ||||
| .86 | 1.00 | 7¢ | 73271 | ||||
| If the price exceeds one dollar, the tax is seven cents on | 73272 |
| each one dollar. If the price exceeds one dollar or a multiple | 73273 |
| thereof by not more than fifteen cents, the amount of tax is seven | 73274 |
| cents for each one dollar plus one cent. If the price exceeds one | 73275 |
| dollar or a multiple thereof by more than fifteen cents, the | 73276 |
| amount of tax is seven cents for each one dollar plus the amount | 73277 |
| of tax for prices sixteen cents through ninety-nine cents in | 73278 |
| accordance with the schedule above. | 73279 |
| (5) When the combined rate of state and local tax is seven | 73280 |
| and one-fourth per cent: | 73281 |
| If the price | The amount of | 73282 | |||||
| is at least | But not more than | the tax is | 73283 | ||||
| $ .01 | $ .15 | No tax | 73284 | ||||
| .16 | .27 | 2¢ | 73285 | ||||
| .28 | .41 | 3¢ | 73286 | ||||
| .42 | .55 | 4¢ | 73287 | ||||
| .56 | .68 | 5¢ | 73288 | ||||
| .69 | .82 | 6¢ | 73289 | ||||
| .83 | .96 | 7¢ | 73290 | ||||
| .97 | 1.10 | 8¢ | 73291 | ||||
| 1.11 | 1.24 | 9¢ | 73292 | ||||
| 1.25 | 1.37 | 10¢ | 73293 | ||||
| 1.38 | 1.51 | 11¢ | 73294 | ||||
| 1.52 | 1.65 | 12¢ | 73295 | ||||
| 1.66 | 1.79 | 13¢ | 73296 | ||||
| 1.80 | 1.93 | 14¢ | 73297 | ||||
| 1.94 | 2.06 | 15¢ | 73298 | ||||
| 2.07 | 2.20 | 16¢ | 73299 | ||||
| 2.21 | 2.34 | 17¢ | 73300 | ||||
| 2.35 | 2.48 | 18¢ | 73301 | ||||
| 2.49 | 2.62 | 19¢ | 73302 | ||||
| 2.63 | 2.75 | 20¢ | 73303 | ||||
| 2.76 | 2.89 | 21¢ | 73304 | ||||
| 2.90 | 3.03 | 22¢ | 73305 | ||||
| 3.04 | 3.17 | 23¢ | 73306 | ||||
| 3.18 | 3.31 | 24¢ | 73307 | ||||
| 3.32 | 3.44 | 25¢ | 73308 | ||||
| 3.45 | 3.58 | 26¢ | 73309 | ||||
| 3.59 | 3.72 | 27¢ | 73310 | ||||
| 3.73 | 3.86 | 28¢ | 73311 | ||||
| 3.87 | 4.00 | 29¢ | 73312 | ||||
| If the price exceeds four dollars, the tax is twenty-nine | 73313 |
| cents on each four dollars. If the price exceeds four dollars or a | 73314 |
| multiple thereof by not more than thirteen cents, the amount of | 73315 |
| tax is twenty-nine cents for each four dollars plus one cent. If | 73316 |
| the price exceeds four dollars or a multiple thereof by more than | 73317 |
| thirteen cents but by not more than twenty-seven cents, the amount | 73318 |
| of tax is twenty-nine cents for each four dollars plus two cents. | 73319 |
| If the price exceeds four dollars or a multiple thereof by more | 73320 |
| than twenty-seven cents, the amount of tax is twenty-nine cents | 73321 |
| for each four dollars plus the amount of tax for prices | 73322 |
| twenty-eight cents through three dollars and ninety-nine cents in | 73323 |
| accordance with the schedule above. | 73324 |
| (6) When the combined rate of state and local tax is seven | 73325 |
| and one-half per cent: | 73326 |
| If the price | The amount of | 73327 | |||||
| is at least | But not more than | the tax is | 73328 | ||||
| $ .01 | $ .15 | No tax | 73329 | ||||
| .16 | .26 | 2¢ | 73330 | ||||
| .27 | .40 | 3¢ | 73331 | ||||
| .41 | .53 | 4¢ | 73332 | ||||
| .54 | .65 | 5¢ | 73333 | ||||
| .66 | .80 | 6¢ | 73334 | ||||
| .81 | .93 | 7¢ | 73335 | ||||
| .94 | 1.06 | 8¢ | 73336 | ||||
| 1.07 | 1.20 | 9¢ | 73337 | ||||
| 1.21 | 1.33 | 10¢ | 73338 | ||||
| 1.34 | 1.46 | 11¢ | 73339 | ||||
| 1.47 | 1.60 | 12¢ | 73340 | ||||
| 1.61 | 1.73 | 13¢ | 73341 | ||||
| 1.74 | 1.86 | 14¢ | 73342 | ||||
| 1.87 | 2.00 | 15¢ | 73343 | ||||
| If the price exceeds two dollars, the tax is fifteen cents on | 73344 |
| each two dollars. If the price exceeds two dollars or a multiple | 73345 |
| thereof by not more than fifteen cents, the amount of tax is | 73346 |
| fifteen cents for each two dollars plus one cent. If the price | 73347 |
| exceeds two dollars or a multiple thereof by more than fifteen | 73348 |
| cents, the amount of tax is fifteen cents for each two dollars | 73349 |
| plus the amount of tax for prices sixteen cents through one dollar | 73350 |
| and ninety-nine cents in accordance with the schedule above. | 73351 |
| (7) When the combined rate of state and local tax is seven | 73352 |
| and three-fourths per cent: | 73353 |
| If the price | The amount of | 73354 | |||||
| is at least | But not more than | the tax is | 73355 | ||||
| $ .01 | $ .15 | No tax | 73356 | ||||
| .16 | .25 | 2¢ | 73357 | ||||
| .26 | .38 | 3¢ | 73358 | ||||
| .39 | .51 | 4¢ | 73359 | ||||
| .52 | .64 | 5¢ | 73360 | ||||
| .65 | .77 | 6¢ | 73361 | ||||
| .78 | .90 | 7¢ | 73362 | ||||
| .91 | 1.03 | 8¢ | 73363 | ||||
| 1.04 | 1.16 | 9¢ | 73364 | ||||
| 1.17 | 1.29 | 10¢ | 73365 | ||||
| 1.30 | 1.41 | 11¢ | 73366 | ||||
| 1.42 | 1.54 | 12¢ | 73367 | ||||
| 1.55 | 1.67 | 13¢ | 73368 | ||||
| 1.68 | 1.80 | 14¢ | 73369 | ||||
| 1.81 | 1.93 | 15¢ | 73370 | ||||
| 1.94 | 2.06 | 16¢ | 73371 | ||||
| 2.07 | 2.19 | 17¢ | 73372 | ||||
| 2.20 | 2.32 | 18¢ | 73373 | ||||
| 2.33 | 2.45 | 19¢ | 73374 | ||||
| 2.46 | 2.58 | 20¢ | 73375 | ||||
| 2.59 | 2.70 | 21¢ | 73376 | ||||
| 2.71 | 2.83 | 22¢ | 73377 | ||||
| 2.84 | 2.96 | 23¢ | 73378 | ||||
| 2.97 | 3.09 | 24¢ | 73379 | ||||
| 3.10 | 3.22 | 25¢ | 73380 | ||||
| 3.23 | 3.35 | 26¢ | 73381 | ||||
| 3.36 | 3.48 | 27¢ | 73382 | ||||
| 3.49 | 3.61 | 28¢ | 73383 | ||||
| 3.62 | 3.74 | 29¢ | 73384 | ||||
| 3.75 | 3.87 | 30¢ | 73385 | ||||
| 3.88 | 4.00 | 31¢ | 73386 | ||||
| If the price exceeds four dollars, the tax is thirty-one | 73387 |
| cents on each four dollars. If the price exceeds four dollars or a | 73388 |
| multiple thereof by not more than twelve cents, the amount of tax | 73389 |
| is thirty-one cents for each four dollars plus one cent. If the | 73390 |
| price exceeds four dollars or a multiple thereof by more than | 73391 |
| twelve cents but by not more than twenty-five cents, the amount of | 73392 |
| tax is thirty-one cents for each four dollars plus two cents. If | 73393 |
| the price exceeds four dollars or a multiple thereof by more than | 73394 |
| twenty-five cents, the amount of tax is thirty-one cents for each | 73395 |
| four dollars plus the amount of tax for prices twenty-six cents | 73396 |
| through three dollars and ninety-nine cents in accordance with the | 73397 |
| schedule above. | 73398 |
| (8) When the combined rate of state and local tax is eight | 73399 |
| per cent: | 73400 |
| If the price | The amount of | 73401 | |||||
| is at least | But not more than | the tax is | 73402 | ||||
| $ .01 | $ .15 | No tax | 73403 | ||||
| .16 | .25 | 2¢ | 73404 | ||||
| .26 | .37 | 3¢ | 73405 | ||||
| .38 | .50 | 4¢ | 73406 | ||||
| .51 | .62 | 5¢ | 73407 | ||||
| .63 | .75 | 6¢ | 73408 | ||||
| .76 | .87 | 7¢ | 73409 | ||||
| .88 | 1.00 | 8¢ | 73410 | ||||
| If the price exceeds one dollar, the tax is eight cents on | 73411 |
| each one dollar. If the price exceeds one dollar or a multiple | 73412 |
| thereof by not more than twelve cents, the amount of tax is eight | 73413 |
| cents for each one dollar plus one cent. If the price exceeds one | 73414 |
| dollar or a multiple thereof by more than twelve cents but not | 73415 |
| more than twenty-five cents, the amount of tax is eight cents for | 73416 |
| each one dollar plus two cents. If the price exceeds one dollar or | 73417 |
| a multiple thereof by more than twenty-five cents, the amount of | 73418 |
| tax is eight cents for each one dollar plus the amount of tax for | 73419 |
| prices twenty-six cents through ninety-nine cents in accordance | 73420 |
| with the schedule above. | 73421 |
| (9) When the combined rate of state and local tax is eight | 73422 |
| and one-fourth per cent: | 73423 |
| If the price | The amount of | 73424 | |||||
| is at least | But not more than | the tax is | 73425 | ||||
| $ .01 | $ .15 | No tax | 73426 | ||||
| .16 | .24 | 2¢ | 73427 | ||||
| .25 | .36 | 3¢ | 73428 | ||||
| .37 | .48 | 4¢ | 73429 | ||||
| .49 | .60 | 5¢ | 73430 | ||||
| .61 | .72 | 6¢ | 73431 | ||||
| .73 | .84 | 7¢ | 73432 | ||||
| .85 | .96 | 8¢ | 73433 | ||||
| .97 | 1.09 | 9¢ | 73434 | ||||
| 1.10 | 1.21 | 10¢ | 73435 | ||||
| 1.22 | 1.33 | 11¢ | 73436 | ||||
| 1.34 | 1.45 | 12¢ | 73437 | ||||
| 1.46 | 1.57 | 13¢ | 73438 | ||||
| 1.58 | 1.69 | 14¢ | 73439 | ||||
| 1.70 | 1.81 | 15¢ | 73440 | ||||
| 1.82 | 1.93 | 16¢ | 73441 | ||||
| 1.94 | 2.06 | 17¢ | 73442 | ||||
| 2.07 | 2.18 | 18¢ | 73443 | ||||
| 2.19 | 2.30 | 19¢ | 73444 | ||||
| 2.31 | 2.42 | 20¢ | 73445 | ||||
| 2.43 | 2.54 | 21¢ | 73446 | ||||
| 2.55 | 2.66 | 22¢ | 73447 | ||||
| 2.67 | 2.78 | 23¢ | 73448 | ||||
| 2.79 | 2.90 | 24¢ | 73449 | ||||
| 2.91 | 3.03 | 25¢ | 73450 | ||||
| 3.04 | 3.15 | 26¢ | 73451 | ||||
| 3.16 | 3.27 | 27¢ | 73452 | ||||
| 3.28 | 3.39 | 28¢ | 73453 | ||||
| 3.40 | 3.51 | 29¢ | 73454 | ||||
| 3.52 | 3.63 | 30¢ | 73455 | ||||
| 3.64 | 3.75 | 31¢ | 73456 | ||||
| 3.76 | 3.87 | 32¢ | 73457 | ||||
| 3.88 | 4.00 | 33¢ | 73458 | ||||
| If the price exceeds four dollars, the tax is thirty-three | 73459 |
| cents on each four dollars. If the price exceeds four dollars or a | 73460 |
| multiple thereof by not more than eleven cents, the amount of tax | 73461 |
| is thirty-three cents for each four dollars plus one cent. If the | 73462 |
| price exceeds four dollars or a multiple thereof by more than | 73463 |
| eleven cents but by not more than twenty-four cents, the amount of | 73464 |
| tax is thirty-three cents for each four dollars plus two cents. If | 73465 |
| the price exceeds four dollars or a multiple thereof by more than | 73466 |
| twenty-four cents, the amount of tax is thirty-three cents for | 73467 |
| each four dollars plus the amount of tax for prices twenty-six | 73468 |
| cents through three dollars and ninety-nine cents in accordance | 73469 |
| with the schedule above. | 73470 |
| (10) When the combined rate of state and local tax is eight | 73471 |
| and one-half per cent: | 73472 |
| If the price | The amount of | 73473 | |||||
| is at least | But not more than | the tax is | 73474 | ||||
| $ .01 | $ .15 | No tax | 73475 | ||||
| .16 | .23 | 2¢ | 73476 | ||||
| .24 | .35 | 3¢ | 73477 | ||||
| .36 | .47 | 4¢ | 73478 | ||||
| .48 | .58 | 5¢ | 73479 | ||||
| .59 | .70 | 6¢ | 73480 | ||||
| .71 | .82 | 7¢ | 73481 | ||||
| .83 | .94 | 8¢ | 73482 | ||||
| .95 | 1.05 | 9¢ | 73483 | ||||
| 1.06 | 1.17 | 10¢ | 73484 | ||||
| 1.18 | 1.29 | 11¢ | 73485 | ||||
| 1.30 | 1.41 | 12¢ | 73486 | ||||
| 1.42 | 1.52 | 13¢ | 73487 | ||||
| 1.53 | 1.64 | 14¢ | 73488 | ||||
| 1.65 | 1.76 | 15¢ | 73489 | ||||
| 1.77 | 1.88 | 16¢ | 73490 | ||||
| 1.89 | 2.00 | 17¢ | 73491 | ||||
| If the price exceeds two dollars, the tax is seventeen cents | 73492 |
| on each two dollars. If the price exceeds two dollars or a | 73493 |
| multiple thereof by not more than eleven cents, the amount of tax | 73494 |
| is seventeen cents for each two dollars plus one cent. If the | 73495 |
| price exceeds two dollars or a multiple thereof by more than | 73496 |
| eleven cents but by not more than twenty-three cents, the amount | 73497 |
| of tax is seventeen cents for each two dollars plus two cents. If | 73498 |
| the price exceeds two dollars or a multiple thereof by more than | 73499 |
| twenty-three cents, the amount of tax is seventeen cents for each | 73500 |
| two dollars plus the amount of tax for prices twenty-four cents | 73501 |
| through one dollar and ninety-nine cents in accordance with the | 73502 |
| schedule above. | 73503 |
| (11) When the combined rate of state and local tax is eight | 73504 |
| and three-fourths per cent: | 73505 |
| If the price | The amount of | 73506 | |||||
| is at least | But not more than | the tax is | 73507 | ||||
| $ .01 | $ .15 | No tax | 73508 | ||||
| .16 | .22 | 2¢ | 73509 | ||||
| .23 | .34 | 3¢ | 73510 | ||||
| .35 | .45 | 4¢ | 73511 | ||||
| .46 | .57 | 5¢ | 73512 | ||||
| .58 | .68 | 6¢ | 73513 | ||||
| .69 | .80 | 7¢ | 73514 | ||||
| .81 | .91 | 8¢ | 73515 | ||||
| .92 | 1.02 | 9¢ | 73516 | ||||
| 1.03 | 1.14 | 10¢ | 73517 | ||||
| 1.15 | 1.25 | 11¢ | 73518 | ||||
| 1.26 | 1.37 | 12¢ | 73519 | ||||
| 1.38 | 1.48 | 13¢ | 73520 | ||||
| 1.49 | 1.60 | 14¢ | 73521 | ||||
| 1.61 | 1.71 | 15¢ | 73522 | ||||
| 1.72 | 1.82 | 16¢ | 73523 | ||||
| 1.83 | 1.94 | 17¢ | 73524 | ||||
| 1.95 | 2.05 | 18¢ | 73525 | ||||
| 2.06 | 2.17 | 19¢ | 73526 | ||||
| 2.18 | 2.28 | 20¢ | 73527 | ||||
| 2.29 | 2.40 | 21¢ | 73528 | ||||
| 2.41 | 2.51 | 22¢ | 73529 | ||||
| 2.52 | 2.62 | 23¢ | 73530 | ||||
| 2.63 | 2.74 | 24¢ | 73531 | ||||
| 2.75 | 2.85 | 25¢ | 73532 | ||||
| 2.86 | 2.97 | 26¢ | 73533 | ||||
| 2.98 | 3.08 | 27¢ | 73534 | ||||
| 3.09 | 3.20 | 28¢ | 73535 | ||||
| 3.21 | 3.31 | 29¢ | 73536 | ||||
| 3.32 | 3.42 | 30¢ | 73537 | ||||
| 3.43 | 3.54 | 31¢ | 73538 | ||||
| 3.55 | 3.65 | 32¢ | 73539 | ||||
| 3.66 | 3.77 | 33¢ | 73540 | ||||
| 3.78 | 3.88 | 34¢ | 73541 | ||||
| 3.89 | 4.00 | 35¢ | 73542 | ||||
| If the price exceeds four dollars, the tax is thirty-five | 73543 |
| cents on each four dollars. If the price exceeds four dollars or a | 73544 |
| multiple thereof by not more than eleven cents, the amount of tax | 73545 |
| is thirty-five cents for each four dollars plus one cent. If the | 73546 |
| price exceeds four dollars or a multiple thereof by more than | 73547 |
| eleven cents but by not more than twenty-two cents, the amount of | 73548 |
| tax is thirty-five cents for each four dollars plus two cents. If | 73549 |
| the price exceeds four dollars or a multiple thereof by more than | 73550 |
| twenty-two cents, the amount of tax is thirty-five cents for each | 73551 |
| four dollars plus the amount of tax for prices twenty-three cents | 73552 |
| through three dollars and ninety-nine cents in accordance with the | 73553 |
| schedule above. | 73554 |
| (12) When the combined rate of state and local tax is nine | 73555 |
| per cent: | 73556 |
| If the price | The amount of | 73557 | |||||
| is at least | But not more than | the tax is | 73558 | ||||
| $ .01 | $ .15 | No tax | 73559 | ||||
| .16 | .22 | 2¢ | 73560 | ||||
| .23 | .33 | 3¢ | 73561 | ||||
| .34 | .44 | 4¢ | 73562 | ||||
| .45 | .55 | 5¢ | 73563 | ||||
| .56 | .66 | 6¢ | 73564 | ||||
| .67 | .77 | 7¢ | 73565 | ||||
| .78 | .88 | 8¢ | 73566 | ||||
| .89 | 1.00 | 9¢ | 73567 | ||||
| If the price exceeds one dollar, the tax is nine cents on | 73568 |
| each one dollar. If the price exceeds one dollar or a multiple | 73569 |
| thereof by not more than eleven cents, the amount of tax is nine | 73570 |
| cents for each one dollar plus one cent. If the price exceeds one | 73571 |
| dollar or a multiple thereof by more than eleven cents but by not | 73572 |
| more than twenty-two cents, the amount of tax is nine cents for | 73573 |
| each one dollar plus two cents. If the price exceeds one dollar or | 73574 |
| a multiple thereof by more than twenty-two cents, the amount of | 73575 |
| tax is nine cents for each one dollar plus the amount of tax for | 73576 |
| prices twenty-three cents through ninety-nine cents in accordance | 73577 |
| with the schedule above. | 73578 |
| (C) On and after July 1, 2005, and on and before December 31, | 73579 |
| 2005, the combined taxes levied by sections 5739.02 and 5741.02 | 73580 |
| and pursuant to sections 5739.021, 5739.023, 5739.026, 5741.021, | 73581 |
| 5741.022, and 5741.023 of the Revised Code shall be collected in | 73582 |
| accordance with the following schedules: | 73583 |
| (1) When the total rate of local tax is one-fourth per cent: | 73584 |
| 73585 | ||||||||
| 73586 |
| 73587 | ||||||||
| 73588 | ||||||||
| 73589 | ||||||||
| 73590 | ||||||||
| 73591 | ||||||||
| 73592 | ||||||||
| 73593 | ||||||||
| 73594 | ||||||||
| 73595 | ||||||||
| 73596 | ||||||||
| 73597 | ||||||||
| 73598 | ||||||||
| 73599 | ||||||||
| 73600 | ||||||||
| 73601 | ||||||||
| 73602 | ||||||||
| 73603 | ||||||||
| 73604 | ||||||||
| 73605 | ||||||||
| 73606 | ||||||||
| 73607 | ||||||||
| 73608 |
| | 73609 |
| 73610 | |
| 73611 | |
| 73612 | |
| 73613 | |
| 73614 | |
| 73615 | |
| 73616 | |
| 73617 |
| | 73618 |
| 73619 | ||||||||
| 73620 |
| 73621 | ||||||||
| 73622 | ||||||||
| 73623 | ||||||||
| 73624 | ||||||||
| 73625 | ||||||||
| 73626 | ||||||||
| 73627 | ||||||||
| 73628 | ||||||||
| 73629 | ||||||||
| 73630 | ||||||||
| 73631 | ||||||||
| 73632 |
| | 73633 |
| 73634 | |
| 73635 | |
| 73636 | |
| 73637 | |
| 73638 | |
| 73639 | |
| 73640 |
| | 73641 |
| 73642 |
| If the price | But not | The amount | 73643 | |||||
| is at least | more than | of the tax is | 73644 |
| $ .01 | $ .15 | No tax | 73645 | |||||
| .16 | .17 | 1¢ | 73646 | |||||
| .18 | .34 | 2¢ | 73647 | |||||
| .35 | .52 | 3¢ | 73648 | |||||
| .53 | .69 | 4¢ | 73649 | |||||
| .70 | .86 | 5¢ | 73650 | |||||
| .87 | 1.04 | 6¢ | 73651 | |||||
| 1.05 | 1.21 | 7¢ | 73652 | |||||
| 1.22 | 1.39 | 8¢ | 73653 | |||||
| 1.40 | 1.56 | 9¢ | 73654 | |||||
| 1.57 | 1.73 | 10¢ | 73655 | |||||
| 1.74 | 1.91 | 11¢ | 73656 | |||||
| 1.92 | 2.08 | 12¢ | 73657 | |||||
| 2.09 | 2.26 | 13¢ | 73658 | |||||
| 2.27 | 2.43 | 14¢ | 73659 | |||||
| 2.44 | 2.60 | 15¢ | 73660 | |||||
| 2.61 | 2.78 | 16¢ | 73661 | |||||
| 2.79 | 2.95 | 17¢ | 73662 | |||||
| 2.96 | 3.13 | 18¢ | 73663 | |||||
| 3.14 | 3.30 | 19¢ | 73664 | |||||
| 3.31 | 3.47 | 20¢ | 73665 | |||||
| 3.48 | 3.65 | 21¢ | 73666 | |||||
| 3.66 | 3.82 | 22¢ | 73667 | |||||
| 3.83 | 4.00 | 23¢ | 73668 |
| If the price exceeds four dollars, the tax is twenty-three | 73669 |
| cents on each four dollars. If the price exceeds four dollars or a | 73670 |
| multiple thereof by not more than seventeen cents, the amount of | 73671 |
| tax is twenty-three cents for each four dollars plus one cent. If | 73672 |
| the price exceeds four dollars or a multiple thereof by more than | 73673 |
| seventeen cents, the amount of tax is twenty-three cents for each | 73674 |
| four dollars plus the amount of tax for prices eighteen cents | 73675 |
| through three dollars and ninety-nine cents in accordance with the | 73676 |
| schedule above. | 73677 |
| | 73678 |
| per cent: | 73679 |
| If the price | But not | The amount | 73680 | |||||
| is at least | more than | of the tax is | 73681 |
| $ .01 | $ .15 | No tax | 73682 | |||||
| .16 | .17 | 1¢ | 73683 | |||||
| .18 | .34 | 2¢ | 73684 | |||||
| .35 | .50 | 3¢ | 73685 | |||||
| .51 | .67 | 4¢ | 73686 | |||||
| .68 | .83 | 5¢ | 73687 | |||||
| .84 | 1.00 | 6¢ | 73688 |
| If the price exceeds one dollar, the tax is six cents on each | 73689 |
| one dollar. If the price exceeds one dollar or a multiple thereof | 73690 |
| by not more than seventeen cents, the amount of tax is six cents | 73691 |
| for each one dollar plus one cent. If the price exceeds one dollar | 73692 |
| or a multiple thereof by more than seventeen cents, the amount of | 73693 |
| tax is six cents for each one dollar plus the amount of tax for | 73694 |
| prices eighteen cents through ninety-nine cents in accordance with | 73695 |
| the schedule above. | 73696 |
| | 73697 |
| 73698 |
| If the price | But not | The amount | 73699 | |||||
| is at least | more than | of the tax is | 73700 |
| $ .01 | $ .15 | No tax | 73701 | |||||
| .16 | .16 | 1¢ | 73702 | |||||
| .17 | .32 | 2¢ | 73703 | |||||
| .33 | .48 | 3¢ | 73704 | |||||
| .49 | .64 | 4¢ | 73705 | |||||
| .65 | .80 | 5¢ | 73706 | |||||
| .81 | .96 | 6¢ | 73707 | |||||
| .97 | 1.12 | 7¢ | 73708 | |||||
| 1.13 | 1.28 | 8¢ | 73709 | |||||
| 1.29 | 1.44 | 9¢ | 73710 | |||||
| 1.45 | 1.60 | 10¢ | 73711 | |||||
| 1.61 | 1.76 | 11¢ | 73712 | |||||
| 1.77 | 1.92 | 12¢ | 73713 | |||||
| 1.93 | 2.08 | 13¢ | 73714 | |||||
| 2.09 | 2.24 | 14¢ | 73715 | |||||
| 2.25 | 2.40 | 15¢ | 73716 | |||||
| 2.41 | 2.56 | 16¢ | 73717 | |||||
| 2.57 | 2.72 | 17¢ | 73718 | |||||
| 2.73 | 2.88 | 18¢ | 73719 | |||||
| 2.89 | 3.04 | 19¢ | 73720 | |||||
| 3.05 | 3.20 | 20¢ | 73721 | |||||
| 3.21 | 3.36 | 21¢ | 73722 | |||||
| 3.37 | 3.52 | 22¢ | 73723 | |||||
| 3.53 | 3.68 | 23¢ | 73724 | |||||
| 3.69 | 3.84 | 24¢ | 73725 | |||||
| 3.85 | 4.00 | 25¢ | 73726 |
| If the price exceeds four dollars, the tax is twenty-five | 73727 |
| cents on each four dollars. If the price exceeds four dollars or a | 73728 |
| multiple thereof by not more than sixteen cents, the amount of tax | 73729 |
| is twenty-five cents for each four dollars plus one cent. If the | 73730 |
| price exceeds four dollars or a multiple thereof by more than | 73731 |
| sixteen cents, the amount of tax is twenty-five cents for each | 73732 |
| four dollars plus the amount of tax for prices seventeen cents | 73733 |
| through three dollars and ninety-nine cents in accordance with the | 73734 |
| schedule above. | 73735 |
| | 73736 |
| 73737 |
| If the price | But not | The amount | 73738 | |||||
| is at least | more than | of the tax is | 73739 |
| $ .01 | $ .15 | No tax | 73740 | |||||
| .16 | .30 | 2¢ | 73741 | |||||
| .31 | .46 | 3¢ | 73742 | |||||
| .47 | .61 | 4¢ | 73743 | |||||
| .62 | .76 | 5¢ | 73744 | |||||
| .77 | .92 | 6¢ | 73745 | |||||
| .93 | 1.07 | 7¢ | 73746 | |||||
| 1.08 | 1.23 | 8¢ | 73747 | |||||
| 1.24 | 1.38 | 9¢ | 73748 | |||||
| 1.39 | 1.53 | 10¢ | 73749 | |||||
| 1.54 | 1.69 | 11¢ | 73750 | |||||
| 1.70 | 1.84 | 12¢ | 73751 | |||||
| 1.85 | 2.00 | 13¢ | 73752 |
| If the price exceeds two dollars, the tax is thirteen cents | 73753 |
| on each two dollars. If the price exceeds two dollars or a | 73754 |
| multiple thereof by not more than fifteen cents, the amount of tax | 73755 |
| is thirteen cents for each two dollars plus one cent. If the price | 73756 |
| exceeds two dollars or a multiple thereof by more than fifteen | 73757 |
| cents, the amount of tax is thirteen cents for each two dollars | 73758 |
| plus the amount of tax for prices sixteen cents through one dollar | 73759 |
| and ninety-nine cents in accordance with the schedule above. | 73760 |
| | 73761 |
| 73762 |
| If the price | But not | The amount | 73763 | |||||
| is at least | more than | of the tax is | 73764 |
| $ .01 | $ .15 | No tax | 73765 | |||||
| .16 | .29 | 2¢ | 73766 | |||||
| .30 | .44 | 3¢ | 73767 | |||||
| .45 | .59 | 4¢ | 73768 | |||||
| .60 | .74 | 5¢ | 73769 | |||||
| .75 | .88 | 6¢ | 73770 | |||||
| .89 | 1.03 | 7¢ | 73771 | |||||
| 1.04 | 1.18 | 8¢ | 73772 | |||||
| 1.19 | 1.33 | 9¢ | 73773 | |||||
| 1.34 | 1.48 | 10¢ | 73774 | |||||
| 1.49 | 1.62 | 11¢ | 73775 | |||||
| 1.63 | 1.77 | 12¢ | 73776 | |||||
| 1.78 | 1.92 | 13¢ | 73777 | |||||
| 1.93 | 2.07 | 14¢ | 73778 | |||||
| 2.08 | 2.22 | 15¢ | 73779 | |||||
| 2.23 | 2.37 | 16¢ | 73780 | |||||
| 2.38 | 2.51 | 17¢ | 73781 | |||||
| 2.52 | 2.66 | 18¢ | 73782 | |||||
| 2.67 | 2.81 | 19¢ | 73783 | |||||
| 2.82 | 2.96 | 20¢ | 73784 | |||||
| 2.97 | 3.11 | 21¢ | 73785 | |||||
| 3.12 | 3.25 | 22¢ | 73786 | |||||
| 3.26 | 3.40 | 23¢ | 73787 | |||||
| 3.41 | 3.55 | 24¢ | 73788 | |||||
| 3.56 | 3.70 | 25¢ | 73789 | |||||
| 3.71 | 3.85 | 26¢ | 73790 | |||||
| 3.86 | 4.00 | 27¢ | 73791 |
| If the price exceeds four dollars, the tax is twenty-seven | 73792 |
| cents on each four dollars. If the price exceeds four dollars or a | 73793 |
| multiple thereof by not more than fourteen cents, the amount of | 73794 |
| tax is twenty-seven cents for each four dollars plus one cent. If | 73795 |
| the price exceeds four dollars or a multiple thereof by more than | 73796 |
| fourteen but by not more than twenty-nine cents, the amount of tax | 73797 |
| is twenty-seven cents for each four dollars plus two cents. If the | 73798 |
| price exceeds four dollars or a multiple thereof by more than | 73799 |
| twenty-nine cents the amount of tax is twenty-seven cents for each | 73800 |
| four dollars plus the amount of tax for prices thirty cents | 73801 |
| through three dollars and ninety-nine cents in accordance with the | 73802 |
| schedule above. | 73803 |
| | 73804 |
| one-half per cent: | 73805 |
| If the price | But not | The amount | 73806 | |||||
| is at least | more than | of the tax is | 73807 |
| $ .01 | $ .15 | No tax | 73808 | |||||
| .16 | .28 | 2¢ | 73809 | |||||
| .29 | .42 | 3¢ | 73810 | |||||
| .43 | .57 | 4¢ | 73811 | |||||
| .58 | .71 | 5¢ | 73812 | |||||
| .72 | .85 | 6¢ | 73813 | |||||
| .86 | 1.00 | 7¢ | 73814 |
| If the price exceeds one dollar, the tax is seven cents on | 73815 |
| each one dollar. If the price exceeds one dollar or a multiple | 73816 |
| thereof by not more than fifteen cents, the amount of tax is seven | 73817 |
| cents for each one dollar plus one cent. If the price exceeds one | 73818 |
| dollar or a multiple thereof by more than fifteen cents, the | 73819 |
| amount of tax is seven cents for each one dollar plus the amount | 73820 |
| of tax for prices sixteen cents through ninety-nine cents in | 73821 |
| accordance with the schedule above. | 73822 |
| | 73823 |
| 73824 |
| If the price | But not | The amount | 73825 | |||||
| is at least | more than | of the tax is | 73826 |
| $ .01 | $ .15 | No tax | 73827 | |||||
| .16 | .27 | 2¢ | 73828 | |||||
| .28 | .41 | 3¢ | 73829 | |||||
| .42 | .55 | 4¢ | 73830 | |||||
| .56 | .68 | 5¢ | 73831 | |||||
| .69 | .82 | 6¢ | 73832 | |||||
| .83 | .96 | 7¢ | 73833 | |||||
| .97 | 1.10 | 8¢ | 73834 | |||||
| 1.11 | 1.24 | 9¢ | 73835 | |||||
| 1.25 | 1.37 | 10¢ | 73836 | |||||
| 1.38 | 1.51 | 11¢ | 73837 | |||||
| 1.52 | 1.65 | 12¢ | 73838 | |||||
| 1.66 | 1.79 | 13¢ | 73839 | |||||
| 1.80 | 1.93 | 14¢ | 73840 | |||||
| 1.94 | 2.06 | 15¢ | 73841 | |||||
| 2.07 | 2.20 | 16¢ | 73842 | |||||
| 2.21 | 2.34 | 17¢ | 73843 | |||||
| 2.35 | 2.48 | 18¢ | 73844 | |||||
| 2.49 | 2.62 | 19¢ | 73845 | |||||
| 2.63 | 2.75 | 20¢ | 73846 | |||||
| 2.76 | 2.89 | 21¢ | 73847 | |||||
| 2.90 | 3.03 | 22¢ | 73848 | |||||
| 3.04 | 3.17 | 23¢ | 73849 | |||||
| 3.18 | 3.31 | 24¢ | 73850 | |||||
| 3.32 | 3.44 | 25¢ | 73851 | |||||
| 3.45 | 3.58 | 26¢ | 73852 | |||||
| 3.59 | 3.72 | 27¢ | 73853 | |||||
| 3.73 | 3.86 | 28¢ | 73854 | |||||
| 3.87 | 4.00 | 29¢ | 73855 |
| If the price exceeds four dollars, the tax is twenty-nine | 73856 |
| cents on each four dollars. If the price exceeds four dollars or a | 73857 |
| multiple thereof by not more than thirteen cents, the amount of | 73858 |
| tax is twenty-nine cents for each four dollars plus one cent. If | 73859 |
| the price exceeds four dollars or a multiple thereof by more than | 73860 |
| thirteen cents but by not more than twenty-seven cents, the amount | 73861 |
| of tax is twenty-nine cents for each four dollars plus two cents. | 73862 |
| If the price exceeds four dollars or a multiple thereof by more | 73863 |
| than twenty-seven cents, the amount of tax is twenty-nine cents | 73864 |
| for each four dollars plus the amount of tax for prices | 73865 |
| twenty-eight cents through three dollars and ninety-nine cents in | 73866 |
| accordance with the schedule above. | 73867 |
| | 73868 |
| 73869 |
| If the price | But not | The amount | 73870 | |||||
| is at least | more than | of the tax is | 73871 |
| $ .01 | $ .15 | No tax | 73872 | |||||
| .16 | .26 | 2¢ | 73873 | |||||
| .27 | .40 | 3¢ | 73874 | |||||
| .41 | .53 | 4¢ | 73875 | |||||
| .54 | .65 | 5¢ | 73876 | |||||
| .66 | .80 | 6¢ | 73877 | |||||
| .81 | .93 | 7¢ | 73878 | |||||
| .94 | 1.06 | 8¢ | 73879 | |||||
| 1.07 | 1.20 | 9¢ | 73880 | |||||
| 1.21 | 1.33 | 10¢ | 73881 | |||||
| 1.34 | 1.46 | 11¢ | 73882 | |||||
| 1.47 | 1.60 | 12¢ | 73883 | |||||
| 1.61 | 1.73 | 13¢ | 73884 | |||||
| 1.74 | 1.86 | 14¢ | 73885 | |||||
| 1.87 | 2.00 | 15¢ | 73886 |
| If the price exceeds two dollars, the tax is fifteen cents on | 73887 |
| each two dollars. If the price exceeds two dollars or a multiple | 73888 |
| thereof by not more than fifteen cents, the amount of tax is | 73889 |
| fifteen cents for each two dollars plus one cent. If the price | 73890 |
| exceeds two dollars or a multiple thereof by more than fifteen | 73891 |
| cents, the amount of tax is fifteen cents for each two dollars | 73892 |
| plus the amount of tax for prices sixteen cents through one dollar | 73893 |
| and ninety-nine cents in accordance with the schedule above. | 73894 |
| | 73895 |
| 73896 |
| If the price | But not | The amount | 73897 | |||||
| is at least | more than | of the tax is | 73898 |
| $ .01 | $ .15 | No tax | 73899 | |||||
| .16 | .25 | 2¢ | 73900 | |||||
| .26 | .38 | 3¢ | 73901 | |||||
| .39 | .51 | 4¢ | 73902 | |||||
| .52 | .64 | 5¢ | 73903 | |||||
| .65 | .77 | 6¢ | 73904 | |||||
| .78 | .90 | 7¢ | 73905 | |||||
| .91 | 1.03 | 8¢ | 73906 | |||||
| 1.04 | 1.16 | 9¢ | 73907 | |||||
| 1.17 | 1.29 | 10¢ | 73908 | |||||
| 1.30 | 1.41 | 11¢ | 73909 | |||||
| 1.42 | 1.54 | 12¢ | 73910 | |||||
| 1.55 | 1.67 | 13¢ | 73911 | |||||
| 1.68 | 1.80 | 14¢ | 73912 | |||||
| 1.81 | 1.93 | 15¢ | 73913 | |||||
| 1.94 | 2.06 | 16¢ | 73914 | |||||
| 2.07 | 2.19 | 17¢ | 73915 | |||||
| 2.20 | 2.32 | 18¢ | 73916 | |||||
| 2.33 | 2.45 | 19¢ | 73917 | |||||
| 2.46 | 2.58 | 20¢ | 73918 | |||||
| 2.59 | 2.70 | 21¢ | 73919 | |||||
| 2.71 | 2.83 | 22¢ | 73920 | |||||
| 2.84 | 2.96 | 23¢ | 73921 | |||||
| 2.97 | 3.09 | 24¢ | 73922 | |||||
| 3.10 | 3.22 | 25¢ | 73923 | |||||
| 3.23 | 3.35 | 26¢ | 73924 | |||||
| 3.36 | 3.48 | 27¢ | 73925 | |||||
| 3.49 | 3.61 | 28¢ | 73926 | |||||
| 3.62 | 3.74 | 29¢ | 73927 | |||||
| 3.75 | 3.87 | 30¢ | 73928 | |||||
| 3.88 | 4.00 | 31¢ | 73929 |
| If the price exceeds four dollars, the tax is thirty-one | 73930 |
| cents on each four dollars. If the price exceeds four dollars or a | 73931 |
| multiple thereof by not more than twelve cents, the amount of tax | 73932 |
| is thirty-one cents for each four dollars plus one cent. If the | 73933 |
| price exceeds four dollars or a multiple thereof by more than | 73934 |
| twelve cents but not more than twenty-five cents, the amount of | 73935 |
| tax is thirty-one cents for each four dollars plus two cents. If | 73936 |
| the price exceeds four dollars or a multiple thereof by more than | 73937 |
| twenty-five cents, the amount of tax is thirty-one cents for each | 73938 |
| four dollars plus the amount of tax for prices twenty-six cents | 73939 |
| through three dollars and ninety-nine cents in accordance with the | 73940 |
| schedule above. | 73941 |
| | 73942 |
| one-half per cent: | 73943 |
| If the price | But not | The amount | 73944 | |||||
| is at least | more than | of the tax is | 73945 |
| $ .01 | $ .15 | No tax | 73946 | |||||
| .16 | .25 | 2¢ | 73947 | |||||
| .26 | .37 | 3¢ | 73948 | |||||
| .38 | .50 | 4¢ | 73949 | |||||
| .51 | .62 | 5¢ | 73950 | |||||
| .63 | .75 | 6¢ | 73951 | |||||
| .76 | .87 | 7¢ | 73952 | |||||
| .88 | 1.00 | 8¢ | 73953 |
| If the price exceeds one dollar, the tax is eight cents on | 73954 |
| each one dollar. If the price exceeds one dollar or a multiple | 73955 |
| thereof by not more than twelve cents, the amount of tax is eight | 73956 |
| cents for each one dollar plus one cent. If the price exceeds one | 73957 |
| dollar or a multiple thereof by more than twelve cents but not | 73958 |
| more than twenty-five cents, the amount of tax is eight cents for | 73959 |
| each one dollar plus two cents. If the price exceeds one dollar or | 73960 |
| a multiple thereof by more than twenty-five cents, the amount of | 73961 |
| tax is eight cents for each one dollar plus the amount of tax for | 73962 |
| prices twenty-six cents through ninety-nine cents in accordance | 73963 |
| with the schedule above. | 73964 |
| (11) When the combined rate of local tax is two and | 73965 |
| three-fourths per cent: | 73966 |
| If the price | But not | The amount | 73967 | |||||
| is at least | more than | of the tax is | 73968 |
| $ .01 | $ .15 | No tax | 73969 | |||||
| .16 | .24 | 2¢ | 73970 | |||||
| .25 | .36 | 3¢ | 73971 | |||||
| .37 | .48 | 4¢ | 73972 | |||||
| .49 | .60 | 5¢ | 73973 | |||||
| .61 | .72 | 6¢ | 73974 | |||||
| .73 | .84 | 7¢ | 73975 | |||||
| .85 | .96 | 8¢ | 73976 | |||||
| .97 | 1.09 | 9¢ | 73977 | |||||
| 1.10 | 1.21 | 10¢ | 73978 | |||||
| 1.22 | 1.33 | 11¢ | 73979 | |||||
| 1.34 | 1.45 | 12¢ | 73980 | |||||
| 1.46 | 1.57 | 13¢ | 73981 | |||||
| 1.58 | 1.69 | 14¢ | 73982 | |||||
| 1.70 | 1.81 | 15¢ | 73983 | |||||
| 1.82 | 1.93 | 16¢ | 73984 | |||||
| 1.94 | 2.06 | 17¢ | 73985 | |||||
| 2.07 | 2.18 | 18¢ | 73986 | |||||
| 2.19 | 2.30 | 19¢ | 73987 | |||||
| 2.31 | 2.42 | 20¢ | 73988 | |||||
| 2.43 | 2.54 | 21¢ | 73989 | |||||
| 2.55 | 2.66 | 22¢ | 73990 | |||||
| 2.67 | 2.78 | 23¢ | 73991 | |||||
| 2.79 | 2.90 | 24¢ | 73992 | |||||
| 2.91 | 3.03 | 25¢ | 73993 | |||||
| 3.04 | 3.15 | 26¢ | 73994 | |||||
| 3.16 | 3.27 | 27¢ | 73995 | |||||
| 3.28 | 3.39 | 28¢ | 73996 | |||||
| 3.40 | 3.51 | 29¢ | 73997 | |||||
| 3.52 | 3.63 | 30¢ | 73998 | |||||
| 3.64 | 3.75 | 31¢ | 73999 | |||||
| 3.76 | 3.87 | 32¢ | 74000 | |||||
| 3.88 | 4.00 | 33¢ | 74001 |
| If the price exceeds four dollars, the tax is thirty-three | 74002 |
| cents on each four dollars. If the price exceeds four dollars or a | 74003 |
| multiple thereof by not more than eleven cents, the amount of tax | 74004 |
| is thirty-three cents for each four dollars plus one cent. If the | 74005 |
| price exceeds four dollars or a multiple thereof by more than | 74006 |
| eleven cents but not more than twenty-four cents, the amount of | 74007 |
| tax is thirty-three cents for each four dollars plus two cents. If | 74008 |
| the price exceeds four dollars or a multiple thereof by more than | 74009 |
| twenty-four cents, the amount of tax is thirty-three cents for | 74010 |
| each four dollars plus the amount of tax for prices twenty-six | 74011 |
| cents through three dollars and ninety-nine cents in accordance | 74012 |
| with the schedule above. | 74013 |
| (12) When the combined rate of local tax is three per cent: | 74014 |
| If the price | But not | The amount | 74015 | |||||
| is at least | more than | of the tax is | 74016 |
| $ .01 | $ .15 | No tax | 74017 | |||||
| .16 | .23 | 2¢ | 74018 | |||||
| .24 | .35 | 3¢ | 74019 | |||||
| .36 | .47 | 4¢ | 74020 | |||||
| .48 | .58 | 5¢ | 74021 | |||||
| .59 | .70 | 6¢ | 74022 | |||||
| .71 | .82 | 7¢ | 74023 | |||||
| .83 | .94 | 8¢ | 74024 | |||||
| .95 | 1.05 | 9¢ | 74025 | |||||
| 1.06 | 1.17 | 10¢ | 74026 | |||||
| 1.18 | 1.29 | 11¢ | 74027 | |||||
| 1.30 | 1.41 | 12¢ | 74028 | |||||
| 1.42 | 1.52 | 13¢ | 74029 | |||||
| 1.53 | 1.64 | 14¢ | 74030 | |||||
| 1.65 | 1.76 | 15¢ | 74031 | |||||
| 1.77 | 1.88 | 16¢ | 74032 | |||||
| 1.89 | 2.00 | 17¢ | 74033 |
| If the price exceeds two dollars, the tax is seventeen cents | 74034 |
| on each two dollars. If the price exceeds two dollars or a | 74035 |
| multiple thereof by not more than eleven cents, the amount of tax | 74036 |
| is seventeen cents for each two dollars plus one cent. If the | 74037 |
| price exceeds two dollars or a multiple thereof by more than | 74038 |
| eleven cents but not more than twenty-three cents, the amount of | 74039 |
| tax is seventeen cents for each two dollars plus two cents. If the | 74040 |
| price exceeds two dollars or a multiple thereof by more than | 74041 |
| twenty-three cents, the amount of tax is seventeen cents for each | 74042 |
| two dollars plus the amount of tax for prices twenty-four cents | 74043 |
| through one dollar and ninety-nine cents in accordance with the | 74044 |
| schedule above. | 74045 |
| (D) In lieu of collecting the tax pursuant to the schedules | 74046 |
| set forth in divisions (A), (B), and (C) of this section, a vendor | 74047 |
| may compute the tax on each sale as follows: | 74048 |
| (1) On sales of fifteen cents or less, no tax shall apply. | 74049 |
| (2) On sales in excess of fifteen cents, multiply the price | 74050 |
| by the aggregate rate of taxes in effect under sections 5739.02 | 74051 |
| and 5741.02 and sections 5739.021, 5739.023, 5739.026, 5741.021, | 74052 |
| 5741.022, and 5741.023 of the Revised Code. The computation shall | 74053 |
| be carried out to six decimal places. If the result is a | 74054 |
| fractional amount of a cent, the calculated tax shall be increased | 74055 |
| to the next highest cent and that amount shall be collected by the | 74056 |
| vendor. | 74057 |
| (E) On and after January 1, 2006, a vendor shall compute the | 74058 |
| tax on each sale by multiplying the price by the aggregate rate of | 74059 |
| taxes in effect under sections 5739.02 and 5741.02, and sections | 74060 |
| 5739.021, 5739.023, 5739.026, 5741.021, 5741.022, and 5741.023 of | 74061 |
| the Revised Code. The computation shall be carried out to three | 74062 |
| decimal places. If the result is a fractional amount of a cent, | 74063 |
| the calculated tax shall be rounded to a whole cent using a method | 74064 |
| that rounds up to the next cent whenever the third decimal place | 74065 |
| is greater than four. A vendor may elect to compute the tax due on | 74066 |
| a transaction on an item or an invoice basis. | 74067 |
| (F) In auditing a vendor, the tax commissioner shall consider | 74068 |
| the method prescribed by this section that was used by the vendor | 74069 |
| in determining and collecting the tax due under this chapter on | 74070 |
| taxable transactions. If the vendor correctly collects and remits | 74071 |
| the tax due under this chapter in accordance with the schedules in | 74072 |
| divisions (A), (B), and (C) of this section or in accordance with | 74073 |
| the computation prescribed in division (D) or (E) of this section, | 74074 |
| the commissioner shall not assess any additional tax on those | 74075 |
| transactions. | 74076 |
| (G)(1) With respect to a sale of a fractional ownership | 74077 |
| program aircraft used primarily in a fractional aircraft ownership | 74078 |
| program, including all accessories attached to such aircraft, the | 74079 |
| tax shall be calculated pursuant to divisions (A) to (E) of this | 74080 |
| section, provided that the tax commissioner shall modify those | 74081 |
| calculations so that the maximum tax on each program aircraft is | 74082 |
| eight hundred dollars. In the case of a sale of a fractional | 74083 |
| interest that is less than one hundred per cent of the program | 74084 |
| aircraft, the tax charged on the transaction shall be eight | 74085 |
| hundred dollars multiplied by a fraction, the numerator of which | 74086 |
| is the percentage of ownership or possession in the aircraft being | 74087 |
| purchased in the transaction, and the denominator of which is one | 74088 |
| hundred per cent. | 74089 |
| (2) Notwithstanding any other provision of law to the | 74090 |
| contrary, the tax calculated under division (G)(1) of this section | 74091 |
| and paid with respect to the sale of a fractional ownership | 74092 |
| program aircraft used primarily in a fractional aircraft ownership | 74093 |
| program shall be credited to the general revenue fund. | 74094 |
| Sec. 5739.026. (A) A board of county commissioners may levy | 74095 |
| a tax of one-fourth or one-half of one per cent on every retail | 74096 |
| sale in the county, except sales of watercraft and outboard motors | 74097 |
| required to be titled pursuant to Chapter 1548. of the Revised | 74098 |
| Code and sales of motor vehicles, and may increase an existing | 74099 |
| rate of one-fourth of one per cent to one-half of one per cent, to | 74100 |
| pay the expenses of administering the tax and, except as provided | 74101 |
| in division (A)(6) of this section, for any one or more of the | 74102 |
| following purposes provided that the aggregate levy for all such | 74103 |
| purposes does not exceed one-half of one per cent: | 74104 |
| (1) To provide additional revenues for the payment of bonds | 74105 |
| or notes issued in anticipation of bonds issued by a convention | 74106 |
| facilities authority established by the board of county | 74107 |
| commissioners under Chapter 351. of the Revised Code and to | 74108 |
| provide additional operating revenues for the convention | 74109 |
| facilities authority; | 74110 |
| (2) To provide additional revenues for a transit authority | 74111 |
| operating in the county; | 74112 |
| (3) To provide additional revenue for the county's general | 74113 |
| fund; | 74114 |
| (4) To provide additional revenue for permanent improvements | 74115 |
| within the county to be distributed by the community improvements | 74116 |
| board in accordance with section 307.283 and to pay principal, | 74117 |
| interest, and premium on bonds issued under section 307.284 of the | 74118 |
| Revised Code; | 74119 |
| (5) To provide additional revenue for the acquisition, | 74120 |
| construction, equipping, or repair of any specific permanent | 74121 |
| improvement or any class or group of permanent improvements, which | 74122 |
| improvement or class or group of improvements shall be enumerated | 74123 |
| in the resolution required by division (D) of this section, and to | 74124 |
| pay principal, interest, premium, and other costs associated with | 74125 |
| the issuance of bonds or notes in anticipation of bonds issued | 74126 |
| pursuant to Chapter 133. of the Revised Code for the acquisition, | 74127 |
| construction, equipping, or repair of the specific permanent | 74128 |
| improvement or class or group of permanent improvements; | 74129 |
| (6) To provide revenue for the implementation and operation | 74130 |
| of a 9-1-1 system in the county. If the tax is levied or the rate | 74131 |
| increased exclusively for such purpose, the tax shall not be | 74132 |
| levied or the rate increased for more than five years. At the end | 74133 |
| of the last year the tax is levied or the rate increased, any | 74134 |
| balance remaining in the special fund established for such purpose | 74135 |
| shall remain in that fund and be used exclusively for such purpose | 74136 |
| until the fund is completely expended, and, notwithstanding | 74137 |
| section 5705.16 of the Revised Code, the board of county | 74138 |
| commissioners shall not petition for the transfer of money from | 74139 |
| such special fund, and the tax commissioner shall not approve such | 74140 |
| a petition. | 74141 |
| If the tax is levied or the rate increased for such purpose | 74142 |
| for more than five years, the board of county commissioners also | 74143 |
| shall levy the tax or increase the rate of the tax for one or more | 74144 |
| of the purposes described in divisions (A)(1) to (5) of this | 74145 |
| section and shall prescribe the method for allocating the revenues | 74146 |
| from the tax each year in the manner required by division (C) of | 74147 |
| this section. | 74148 |
| (7) To provide additional revenue for the operation or | 74149 |
| maintenance of a detention facility, as that term is defined under | 74150 |
| division (F) of section 2921.01 of the Revised Code; | 74151 |
| (8) To provide revenue to finance the construction or | 74152 |
| renovation of a sports facility, but only if the tax is levied for | 74153 |
| that purpose in the manner prescribed by section 5739.028 of the | 74154 |
| Revised Code. | 74155 |
| As used in division (A)(8) of this section: | 74156 |
| (a) "Sports facility" means a facility intended to house | 74157 |
| major league professional athletic teams. | 74158 |
| (b) "Constructing" or "construction" includes providing | 74159 |
| fixtures, furnishings, and equipment. | 74160 |
| (9) To provide additional revenue for the acquisition of | 74161 |
| agricultural easements, as defined in section 5301.67 of the | 74162 |
| Revised Code; to pay principal, interest, and premium on bonds | 74163 |
| issued under section 133.60 of the Revised Code; and for the | 74164 |
| supervision and enforcement of agricultural easements held by the | 74165 |
| county. | 74166 |
| Pursuant to section 755.171 of the Revised Code, a board of | 74167 |
| county commissioners may pledge and contribute revenue from a tax | 74168 |
| levied for the purpose of division (A)(5) of this section to the | 74169 |
| payment of debt charges on bonds issued under section 755.17 of | 74170 |
| the Revised Code. | 74171 |
| The rate of tax shall be a multiple of one-fourth of one per | 74172 |
| cent, unless a portion of the rate of an existing tax levied under | 74173 |
| section 5739.023 of the Revised Code has been reduced, and the | 74174 |
| rate of tax levied under this section has been increased, pursuant | 74175 |
| to section 5739.028 of the Revised Code, in which case the | 74176 |
| aggregate of the rates of tax levied under this section and | 74177 |
| section 5739.023 of the Revised Code shall be a multiple of | 74178 |
| one-fourth of one per cent. The tax shall be levied and the rate | 74179 |
| increased pursuant to a resolution adopted by a majority of the | 74180 |
| members of the board. The board shall deliver a certified copy of | 74181 |
| the resolution to the tax commissioner, not later than the | 74182 |
| sixty-fifth day prior to the date on which the tax is to become | 74183 |
| effective, which shall be the first day of a calendar quarter. | 74184 |
| Prior to the adoption of any resolution to levy the tax or to | 74185 |
| increase the rate of tax exclusively for the purpose set forth in | 74186 |
| division (A)(3) of this section, the board of county commissioners | 74187 |
| shall conduct two public hearings on the resolution, the second | 74188 |
| hearing to be no fewer than three nor more than ten days after the | 74189 |
| first. Notice of the date, time, and place of the hearings shall | 74190 |
| be given by publication in a newspaper of general circulation in | 74191 |
| the county once a week on the same day of the week for two | 74192 |
| consecutive weeks, the second publication being no fewer than ten | 74193 |
| nor more than thirty days prior to the first hearing. Except as | 74194 |
| provided in division (E) of this section, the resolution shall be | 74195 |
| subject to a referendum as provided in sections 305.31 to 305.41 | 74196 |
| of the Revised Code. Unless the resolution is adopted as an | 74197 |
| emergency measure, or is to be submitted to the electors of the | 74198 |
| county under division (D)(2)(a) of this section, the resolution | 74199 |
| shall be adopted at least one hundred twenty days prior to the | 74200 |
| date on which the tax or the increased rate of tax is to go into | 74201 |
| effect. If the resolution is adopted as an emergency measure | 74202 |
| necessary for the immediate preservation of the public peace, | 74203 |
| health, or safety, it must receive an affirmative vote of all of | 74204 |
| the members of the board of county commissioners and shall state | 74205 |
| the reasons for the necessity. | 74206 |
| If the tax is for more than one of the purposes set forth in | 74207 |
| divisions (A)(1) to (7) and (9) of this section or is exclusively | 74208 |
| for one of the purposes set forth in division (A)(1), (2), (4), | 74209 |
| (5), (6), (7), or (9) of this section, the resolution shall not go | 74210 |
| into effect unless it is approved by a majority of the electors | 74211 |
| voting on the question of the tax. | 74212 |
| (B) The board of county commissioners shall adopt a | 74213 |
| resolution under section 351.02 of the Revised Code creating the | 74214 |
| convention facilities authority, or under section 307.283 of the | 74215 |
| Revised Code creating the community improvements board, before | 74216 |
| adopting a resolution levying a tax for the purpose of a | 74217 |
| convention facilities authority under division (A)(1) of this | 74218 |
| section or for the purpose of a community improvements board under | 74219 |
| division (A)(4) of this section. | 74220 |
| (C)(1) If the tax is to be used for more than one of the | 74221 |
| purposes set forth in divisions (A)(1) to (7) and (9) of this | 74222 |
| section, the board of county commissioners shall establish the | 74223 |
| method that will be used to determine the amount or proportion of | 74224 |
| the tax revenue received by the county during each year that will | 74225 |
| be distributed for each of those purposes, including, if | 74226 |
| applicable, provisions governing the reallocation of a convention | 74227 |
| facilities authority's allocation if the authority is dissolved | 74228 |
| while the tax is in effect. The allocation method may provide that | 74229 |
| different proportions or amounts of the tax shall be distributed | 74230 |
| among the purposes in different years, but it shall clearly | 74231 |
| describe the method that will be used for each year. Except as | 74232 |
| otherwise provided in division (C)(2) of this section, the | 74233 |
| allocation method established by the board is not subject to | 74234 |
| amendment during the life of the tax. | 74235 |
| (2) Subsequent to holding a public hearing on the proposed | 74236 |
| amendment, the board of county commissioners may amend the | 74237 |
| allocation method established under division (C)(1) of this | 74238 |
| section for any year, if the amendment is approved by the | 74239 |
| governing board of each entity whose allocation for the year would | 74240 |
| be reduced by the proposed amendment. In the case of a tax that is | 74241 |
| levied for a continuing period of time, the board may not so amend | 74242 |
| the allocation method for any year before the sixth year that the | 74243 |
| tax is in effect. | 74244 |
| (a) If the additional revenues provided to the convention | 74245 |
| facilities authority are pledged by the authority for the payment | 74246 |
| of convention facilities authority revenue bonds for as long as | 74247 |
| such bonds are outstanding, no reduction of the authority's | 74248 |
| allocation of the tax shall be made for any year except to the | 74249 |
| extent that the reduced authority allocation, when combined with | 74250 |
| the authority's other revenues pledged for that purpose, is | 74251 |
| sufficient to meet the debt service requirements for that year on | 74252 |
| such bonds. | 74253 |
| (b) If the additional revenues provided to the county are | 74254 |
| pledged by the county for the payment of bonds or notes described | 74255 |
| in division (A)(4) or (5) of this section, for as long as such | 74256 |
| bonds or notes are outstanding, no reduction of the county's or | 74257 |
| the community improvements board's allocation of the tax shall be | 74258 |
| made for any year, except to the extent that the reduced county or | 74259 |
| community improvements board allocation is sufficient to meet the | 74260 |
| debt service requirements for that year on such bonds or notes. | 74261 |
| (c) If the additional revenues provided to the transit | 74262 |
| authority are pledged by the authority for the payment of revenue | 74263 |
| bonds issued under section 306.37 of the Revised Code, for as long | 74264 |
| as such bonds are outstanding, no reduction of the authority's | 74265 |
| allocation of tax shall be made for any year, except to the extent | 74266 |
| that the authority's reduced allocation, when combined with the | 74267 |
| authority's other revenues pledged for that purpose, is sufficient | 74268 |
| to meet the debt service requirements for that year on such bonds. | 74269 |
| (d) If the additional revenues provided to the county are | 74270 |
| pledged by the county for the payment of bonds or notes issued | 74271 |
| under section 133.60 of the Revised Code, for so long as the bonds | 74272 |
| or notes are outstanding, no reduction of the county's allocation | 74273 |
| of the tax shall be made for any year, except to the extent that | 74274 |
| the reduced county allocation is sufficient to meet the debt | 74275 |
| service requirements for that year on the bonds or notes. | 74276 |
| (D)(1) The resolution levying the tax or increasing the rate | 74277 |
| of tax shall state the rate of the tax or the rate of the | 74278 |
| increase; the purpose or purposes for which it is to be levied; | 74279 |
| the number of years for which it is to be levied or that it is for | 74280 |
| a continuing period of time; the allocation method required by | 74281 |
| division (C) of this section; and if required to be submitted to | 74282 |
| the electors of the county under division (A) of this section, the | 74283 |
| date of the election at which the proposal shall be submitted to | 74284 |
| the electors of the county, which shall be not less than | 74285 |
| seventy-five days after the certification of a copy of the | 74286 |
| resolution to the board of elections and, if the tax is to be | 74287 |
| levied exclusively for the purpose set forth in division (A)(3) of | 74288 |
| this section, shall not occur in February or August of any year. | 74289 |
| Upon certification of the resolution to the board of elections, | 74290 |
| the board of county commissioners shall notify the tax | 74291 |
| commissioner in writing of the levy question to be submitted to | 74292 |
| the electors. If approved by a majority of the electors, the tax | 74293 |
| shall become effective on the first day of a calendar quarter next | 74294 |
| following the sixty-fifth day following the date the board of | 74295 |
| county commissioners and tax commissioner receive from the board | 74296 |
| of elections the certification of the results of the election, | 74297 |
| except as provided in division (E) of this section. | 74298 |
| (2)(a) A resolution specifying that the tax is to be used | 74299 |
| exclusively for the purpose set forth in division (A)(3) of this | 74300 |
| section that is not adopted as an emergency measure may direct the | 74301 |
| board of elections to submit the question of levying the tax or | 74302 |
| increasing the rate of the tax to the electors of the county at a | 74303 |
| special election held on the date specified by the board of county | 74304 |
| commissioners in the resolution, provided that the election occurs | 74305 |
| not less than seventy-five days after the resolution is certified | 74306 |
| to the board of elections and the election is not held in February | 74307 |
| or August of any year. Upon certification of the resolution to the | 74308 |
| board of elections, the board of county commissioners shall notify | 74309 |
| the tax commissioner in writing of the levy question to be | 74310 |
| submitted to the electors. No resolution adopted under division | 74311 |
| (D)(2)(a) of this section shall go into effect unless approved by | 74312 |
| a majority of those voting upon it and, except as provided in | 74313 |
| division (E) of this section, not until the first day of a | 74314 |
| calendar quarter following the expiration of sixty-five days from | 74315 |
| the date the tax commissioner receives notice from the board of | 74316 |
| elections of the affirmative vote. | 74317 |
| (b) A resolution specifying that the tax is to be used | 74318 |
| exclusively for the purpose set forth in division (A)(3) of this | 74319 |
| section that is adopted as an emergency measure shall become | 74320 |
| effective as provided in division (A) of this section, but may | 74321 |
| direct the board of elections to submit the question of repealing | 74322 |
| the tax or increase in the rate of the tax to the electors of the | 74323 |
| county at the next general election in the county occurring not | 74324 |
| less than seventy-five days after the resolution is certified to | 74325 |
| the board of elections. Upon certification of the resolution to | 74326 |
| the board of elections, the board of county commissioners shall | 74327 |
| notify the tax commissioner in writing of the levy question to be | 74328 |
| submitted to the electors. The ballot question shall be the same | 74329 |
| as that prescribed in section 5739.022 of the Revised Code. The | 74330 |
| board of elections shall notify the board of county commissioners | 74331 |
| and the tax commissioner of the result of the election immediately | 74332 |
| after the result has been declared. If a majority of the qualified | 74333 |
| electors voting on the question of repealing the tax or increase | 74334 |
| in the rate of the tax vote for repeal of the tax or repeal of the | 74335 |
| increase, the board of county commissioners, on the first day of a | 74336 |
| calendar quarter following the expiration of sixty-five days after | 74337 |
| the date the board and tax commissioner received notice of the | 74338 |
| result of the election, shall, in the case of a repeal of the tax, | 74339 |
| cease to levy the tax, or, in the case of a repeal of an increase | 74340 |
| in the rate of the tax, cease to levy the increased rate and levy | 74341 |
| the tax at the rate at which it was imposed immediately prior to | 74342 |
| the increase in rate. | 74343 |
| (c) A board of county commissioners, by resolution, may | 74344 |
| reduce the rate of a tax levied exclusively for the purpose set | 74345 |
| forth in division (A)(3) of this section to a lower rate | 74346 |
| authorized by this section. Any such reduction shall be made | 74347 |
| effective on the first day of the calendar quarter next following | 74348 |
| the sixty-fifth day after the tax commissioner receives a | 74349 |
| certified copy of the resolution from the board. | 74350 |
| (E) If a vendor that is registered with the central | 74351 |
| electronic registration system provided for in section 5740.05 of | 74352 |
| the Revised Code makes a sale in this state by printed catalog and | 74353 |
| the consumer computed the tax on the sale based on local rates | 74354 |
| published in the catalog, any tax levied or repealed or rate | 74355 |
| changed under this section shall not apply to such a sale until | 74356 |
| the first day of a calendar quarter following the expiration of | 74357 |
| one hundred twenty days from the date of notice by the tax | 74358 |
| commissioner pursuant to division (G) of this section. | 74359 |
| (F) The tax levied pursuant to this section shall be in | 74360 |
| addition to the tax levied by section 5739.02 of the Revised Code | 74361 |
| and any tax levied pursuant to section 5739.021 or 5739.023 of the | 74362 |
| Revised Code. | 74363 |
| A county that levies a tax pursuant to this section shall | 74364 |
| levy a tax at the same rate pursuant to section 5741.023 of the | 74365 |
| Revised Code. | 74366 |
| The additional tax levied by the county shall be collected | 74367 |
| pursuant to section 5739.025 of the Revised Code. | 74368 |
| Any tax levied pursuant to this section is subject to the | 74369 |
| exemptions provided in section 5739.02 of the Revised Code and in | 74370 |
| addition shall not be applicable to sales not within the taxing | 74371 |
| power of a county under the Constitution of the United States or | 74372 |
| the Ohio Constitution. | 74373 |
| (G) Upon receipt from a board of county commissioners of a | 74374 |
| certified copy of a resolution required by division (A) of this | 74375 |
| section, or from the board of elections a notice of the results of | 74376 |
| an election required by division (D)(1), (2)(a), (b), or (c) of | 74377 |
| this section, the tax commissioner shall provide notice of a tax | 74378 |
| rate change in a manner that is reasonably accessible to all | 74379 |
| affected vendors. The commissioner shall provide this notice at | 74380 |
| least sixty days prior to the effective date of the rate change. | 74381 |
| The commissioner, by rule, may establish the method by which | 74382 |
| notice will be provided. | 74383 |
| Sec. 5739.03. (A) Except as provided in section 5739.05 of | 74384 |
| the Revised Code, the tax imposed by or pursuant to section | 74385 |
| 5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code shall | 74386 |
| be paid by the consumer to the vendor, and each vendor shall | 74387 |
| collect from the consumer, as a trustee for the state of Ohio, the | 74388 |
| full and exact amount of the tax payable on each taxable sale, in | 74389 |
| the manner and at the times provided as follows: | 74390 |
| (1) If the price is, at or prior to the provision of the | 74391 |
| service or the delivery of possession of the thing sold to the | 74392 |
| consumer, paid in currency passed from hand to hand by the | 74393 |
| consumer or the consumer's agent to the vendor or the vendor's | 74394 |
| agent, the vendor or the vendor's agent shall collect the tax with | 74395 |
| and at the same time as the price; | 74396 |
| (2) If the price is otherwise paid or to be paid, the vendor | 74397 |
| or the vendor's agent shall, at or prior to the provision of the | 74398 |
| service or the delivery of possession of the thing sold to the | 74399 |
| consumer, charge the tax imposed by or pursuant to section | 74400 |
| 5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code to | 74401 |
| the account of the consumer, which amount shall be collected by | 74402 |
| the vendor from the consumer in addition to the price. Such sale | 74403 |
| shall be reported on and the amount of the tax applicable thereto | 74404 |
| shall be remitted with the return for the period in which the sale | 74405 |
| is made, and the amount of the tax shall become a legal charge in | 74406 |
| favor of the vendor and against the consumer. | 74407 |
| (B)(1)(a) If any sale is claimed to be exempt under division | 74408 |
| (E) of section 5739.01 of the Revised Code or under section | 74409 |
| 5739.02 of the Revised Code, with the exception of divisions | 74410 |
| (B)(1) to (11) or (28) of section 5739.02 of the Revised Code, the | 74411 |
| consumer must provide to the vendor, and the vendor must obtain | 74412 |
| from the consumer, a certificate specifying the reason that the | 74413 |
| sale is not legally subject to the tax. The certificate shall be | 74414 |
| in such form, and shall be provided either in a hard copy form or | 74415 |
| electronic form, as
| 74416 |
| 74417 | |
| 74418 | |
| 74419 | |
| 74420 | |
| 74421 | |
| 74422 | |
| 74423 | |
| 74424 |
| (b) A vendor that obtains a fully completed exemption | 74425 |
| certificate from a consumer is relieved of liability for | 74426 |
| collecting and remitting tax on any sale covered by that | 74427 |
| certificate. If it is determined the exemption was improperly | 74428 |
| claimed, the consumer shall be liable for any tax due on that sale | 74429 |
| under section 5739.02, 5739.021, 5739.023, or 5739.026 or Chapter | 74430 |
| 5741. of the Revised Code. Relief under this division from | 74431 |
| liability does not apply to any of the following: | 74432 |
| (i) A vendor that fraudulently fails to collect tax; | 74433 |
| (ii) A vendor that solicits consumers to participate in the | 74434 |
| unlawful claim of an exemption; | 74435 |
| (iii) A vendor that accepts an exemption certificate from a | 74436 |
| consumer that claims an exemption based on who purchases or who | 74437 |
| sells property or a service, when the subject of the transaction | 74438 |
| sought to be covered by the exemption certificate is actually | 74439 |
| received by the consumer at a location operated by the vendor in | 74440 |
| this state, and this state has posted to its web site an exemption | 74441 |
| certificate form that clearly and affirmatively indicates that the | 74442 |
| claimed exemption is not available in this state; | 74443 |
| (iv) A vendor that accepts an exemption certificate from a | 74444 |
| consumer who claims a multiple points of use exemption under | 74445 |
| division (B) of section 5739.033 of the Revised Code, if the item | 74446 |
| purchased is tangible personal property, other than prewritten | 74447 |
| computer software. | 74448 |
| (2) The vendor shall maintain records, including exemption | 74449 |
| certificates, of all sales on which a consumer has claimed an | 74450 |
| exemption, and provide them to the tax commissioner on request. | 74451 |
| (3) The tax commissioner may establish an identification | 74452 |
| system whereby the commissioner issues an identification number to | 74453 |
| a consumer that is exempt from payment of the tax. The consumer | 74454 |
| must present the number to the vendor, if any sale is claimed to | 74455 |
| be exempt as provided in this section. | 74456 |
| (4) If
no certificate is
provided or obtained
within | 74457 |
| 74458 | |
| the date on which such sale is consummated, it shall be presumed | 74459 |
| that the tax applies. Failure to have so provided or obtained a | 74460 |
|
certificate shall
not
| 74461 |
| within one hundred twenty days after the tax commissioner gives | 74462 |
| written notice of intent to levy an assessment, from either | 74463 |
| establishing that the sale
is
not
subject to the tax
| 74464 |
| 74465 | |
| 74466 | |
| 74467 | |
| certificate. | 74468 |
| (5) Certificates need not be obtained nor provided where the | 74469 |
| identity of the consumer is such that the transaction is never | 74470 |
| subject to the tax imposed or where the item of tangible personal | 74471 |
| property sold or the service provided is never subject to the tax | 74472 |
| imposed, regardless of use, or when the sale is in interstate | 74473 |
| commerce. | 74474 |
| (6) If a transaction is claimed to be exempt under division | 74475 |
| (B)(13) of section 5739.02 of the Revised Code, the contractor | 74476 |
| shall obtain certification of the claimed exemption from the | 74477 |
| contractee. This certification shall be in addition to an | 74478 |
| exemption certificate provided by the contractor to the vendor. A | 74479 |
| contractee that provides a certification under this division shall | 74480 |
| be deemed to be the consumer of all items purchased by the | 74481 |
| contractor under the claim of exemption, if it is subsequently | 74482 |
| determined that the exemption is not properly claimed. The | 74483 |
| certification shall be in such form as the tax commissioner | 74484 |
| prescribes. | 74485 |
| (C) As used in this division, "contractee" means a person who | 74486 |
| seeks to enter or enters into a contract or agreement with a | 74487 |
| contractor or vendor for the construction of real property or for | 74488 |
| the sale and installation onto real property of tangible personal | 74489 |
| property. | 74490 |
| Any contractor or vendor may request from any contractee a | 74491 |
| certification of what portion of the property to be transferred | 74492 |
| under such contract or agreement is to be incorporated into the | 74493 |
| realty and what portion will retain its status as tangible | 74494 |
| personal property after installation is completed. The contractor | 74495 |
| or vendor shall request the certification by certified mail | 74496 |
| delivered to the contractee, return receipt requested. Upon | 74497 |
| receipt of such request and prior to entering into the contract or | 74498 |
| agreement, the contractee shall provide to the contractor or | 74499 |
| vendor a certification sufficiently detailed to enable the | 74500 |
| contractor or vendor to ascertain the resulting classification of | 74501 |
| all materials purchased or fabricated by the contractor or vendor | 74502 |
| and transferred to the contractee. This requirement applies to a | 74503 |
| contractee regardless of whether the contractee holds a direct | 74504 |
| payment permit under section 5739.031 of the Revised Code or | 74505 |
| provides to the contractor or vendor an exemption certificate as | 74506 |
| provided under this section. | 74507 |
| For the purposes of the taxes levied by this chapter and | 74508 |
| Chapter 5741. of the Revised Code, the contractor or vendor may in | 74509 |
| good faith rely on the contractee's certification. Notwithstanding | 74510 |
| division (B) of section 5739.01 of the Revised Code, if the tax | 74511 |
| commissioner determines that certain property certified by the | 74512 |
| contractee as tangible personal property pursuant to this division | 74513 |
| is, in fact, real property, the contractee shall be considered to | 74514 |
| be the consumer of all materials so incorporated into that real | 74515 |
| property and shall be liable for the applicable tax, and the | 74516 |
| contractor or vendor shall be excused from any liability on those | 74517 |
| materials. | 74518 |
| If a contractee fails to provide such certification upon the | 74519 |
| request of the contractor or vendor, the contractor or vendor | 74520 |
| shall comply with the provisions of this chapter and Chapter 5741. | 74521 |
| of the Revised Code without the certification. If the tax | 74522 |
| commissioner determines that such compliance has been performed in | 74523 |
| good faith and that certain property treated as tangible personal | 74524 |
| property by the contractor or vendor is, in fact, real property, | 74525 |
| the contractee shall be considered to be the consumer of all | 74526 |
| materials so incorporated into that real property and shall be | 74527 |
| liable for the applicable tax, and the construction contractor or | 74528 |
| vendor shall be excused from any liability on those materials. | 74529 |
| This division does not apply to any contract or agreement | 74530 |
| where the tax commissioner determines as a fact that a | 74531 |
| certification under this division was made solely on the decision | 74532 |
| or advice of the contractor or vendor. | 74533 |
| (D) Notwithstanding division (B) of section 5739.01 of the | 74534 |
| Revised Code, whenever the total rate of tax imposed under this | 74535 |
| chapter is increased after the date after a construction contract | 74536 |
| is entered into, the contractee shall reimburse the construction | 74537 |
| contractor for any additional tax paid on tangible property | 74538 |
| consumed or services received pursuant to the contract. | 74539 |
| (E) A vendor who files a petition for reassessment contesting | 74540 |
| the assessment of tax on sales for which the vendor obtained no | 74541 |
| valid exemption certificates and for which the vendor failed to | 74542 |
| establish that the sales were properly not subject to the tax | 74543 |
| during the one-hundred-twenty-day period allowed under division | 74544 |
| (B) of this section, may present to the tax commissioner | 74545 |
| additional evidence to prove that the sales were properly subject | 74546 |
| to a claim of exception or exemption. The vendor shall file such | 74547 |
| evidence within ninety days of the receipt by the vendor of the | 74548 |
| notice of assessment, except that, upon application and for | 74549 |
| reasonable cause, the period for submitting such evidence shall be | 74550 |
| extended thirty days. | 74551 |
| The commissioner shall consider such additional evidence in | 74552 |
| reaching the final determination on the assessment and petition | 74553 |
| for reassessment. | 74554 |
| (F) Whenever a vendor refunds to the consumer the full price | 74555 |
| of an item of tangible personal property on which the tax imposed | 74556 |
| under this chapter has been paid, the vendor shall also refund the | 74557 |
| full amount of the tax paid. | 74558 |
| Sec. 5739.033. This section applies to sales made on and | 74559 |
| after July 1, 2005. Sales made before July 1, 2005, are subject to | 74560 |
| section 5739.035 of the Revised Code. On and after January 1, | 74561 |
| 2005, any vendor may irrevocably elect to comply with this section | 74562 |
| for all of the vendor's sales and places of business in this | 74563 |
| state. | 74564 |
| The amount of tax due pursuant to sections 5739.02, 5739.021, | 74565 |
| 5739.023, and 5739.026 of the Revised Code is the sum of the taxes | 74566 |
| imposed pursuant to those sections at the sourcing location of the | 74567 |
| sale as determined under this section or, if applicable, under | 74568 |
| division (C) of section 5739.031 or section 5739.034 or 5739.035 | 74569 |
| of the Revised Code. This section applies only to a vendor's or | 74570 |
| seller's obligation to collect and remit sales taxes under section | 74571 |
| 5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code or | 74572 |
| use taxes under section 5741.02, 5741.021, 5741.022, or 5741.023 | 74573 |
| of the Revised Code. This section does not affect the obligation | 74574 |
| of a consumer to remit use taxes on the storage, use, or other | 74575 |
| consumption of tangible personal property or on the benefit | 74576 |
| realized of any service provided, to the jurisdiction of that | 74577 |
| storage, use, or consumption, or benefit realized. | 74578 |
| (A) Except for sales, other than leases, of titled motor | 74579 |
| vehicles, titled watercraft, or titled outboard motors as provided | 74580 |
| in section 5741.05 of the Revised Code, or as otherwise provided | 74581 |
| in this section and section 5739.034 or 5740.10 of the Revised | 74582 |
| Code, all sales shall be sourced as follows: | 74583 |
| (1) If the consumer or a donee designated by the consumer | 74584 |
| receives tangible personal property or a service at a vendor's | 74585 |
| place of business, the sale shall be sourced to that place of | 74586 |
| business. | 74587 |
| (2) When the tangible personal property or service is not | 74588 |
| received at a vendor's place of business, the sale shall be | 74589 |
| sourced to the location known to the vendor where the consumer or | 74590 |
| the donee designated by the consumer receives the tangible | 74591 |
| personal property or service, including the location indicated by | 74592 |
| instructions for delivery to the consumer or the consumer's donee. | 74593 |
| (3) If divisions (A)(1) and (2) of this section do not apply, | 74594 |
| the sale shall be sourced to the location indicated by an address | 74595 |
| for the consumer that is available from the vendor's business | 74596 |
| records that are maintained in the ordinary course of the vendor's | 74597 |
| business, when use of that address does not constitute bad faith. | 74598 |
| (4) If divisions (A)(1), (2), and (3) of this section do not | 74599 |
| apply, the sale shall be sourced to the location indicated by an | 74600 |
| address for the consumer obtained during the consummation of the | 74601 |
| sale, including the address associated with the consumer's payment | 74602 |
| instrument, if no other address is available, when use of that | 74603 |
| address does not constitute bad faith. | 74604 |
| (5) If divisions (A)(1), (2), (3), and (4) of this section do | 74605 |
| not apply, including in the circumstance where the vendor is | 74606 |
| without sufficient information to apply any of those divisions, | 74607 |
| the sale shall be sourced to the address from which tangible | 74608 |
| personal property was shipped, or from which the service was | 74609 |
| provided, disregarding any location that merely provided the | 74610 |
| electronic transfer of the property sold or service provided. | 74611 |
| (6) As used in division (A) of this section, "receive" means | 74612 |
| taking possession of tangible personal property or making first | 74613 |
| use of a service. "Receive" does not include possession by a | 74614 |
| shipping company on behalf of a consumer. | 74615 |
| (B)(1)(a) Notwithstanding divisions (A)(1) to (5) of this | 74616 |
| section, a business consumer that is not a holder of a direct | 74617 |
| payment permit granted under section 5739.031 of the Revised Code, | 74618 |
| that purchases a digital good, computer software | 74619 |
| 74620 | |
| business consumer at a vendor's place of business, or a service | 74621 |
| 74622 | |
| such digital good, software, or service will be concurrently | 74623 |
| available for use in more than one taxing jurisdiction shall | 74624 |
|
deliver to the vendor in conjunction with its purchase | 74625 |
| exemption certificate claiming multiple
points of use | 74626 |
| 74627 | |
| shall meet the requirements of division (B)(2) of this section. On | 74628 |
| receipt of the exemption certificate claiming multiple points of | 74629 |
| use
| 74630 |
| collect, pay, or remit the tax due, and the business consumer must | 74631 |
| pay the tax directly to the state. | 74632 |
| | 74633 |
| exemption certificate claiming multiple points of use to a vendor | 74634 |
| may use any reasonable, consistent, and uniform method of | 74635 |
| apportioning the tax due on the digital good, computer software | 74636 |
| 74637 | |
| supported by the consumer's business records as they existed at | 74638 |
| the time of the sale. The business consumer shall report and pay | 74639 |
| the appropriate tax to each jurisdiction where concurrent use | 74640 |
| occurs. The tax due shall be calculated as if the apportioned | 74641 |
| amount of the digital good, computer software, or service had been | 74642 |
| delivered to each jurisdiction to which the sale is apportioned | 74643 |
| under this division. | 74644 |
| | 74645 |
| use | 74646 |
| the vendor to the business consumer until it is revoked in writing | 74647 |
| by the business consumer, except as to the business consumer's | 74648 |
| specific apportionment of a subsequent sale under division | 74649 |
| (B) | 74650 |
| the sale. | 74651 |
| (2) When the vendor knows that a digital good, computer | 74652 |
| software, or service sold will be concurrently available for use | 74653 |
| by the business consumer in more than one jurisdiction, but the | 74654 |
| business consumer does not provide an exemption certificate | 74655 |
| claiming multiple points of use as required by division (B)(1) of | 74656 |
| this section, the vendor may work with the business consumer to | 74657 |
| produce the correct apportionment. Governed by the principles of | 74658 |
| division (B)(1)(b) of this section, the vendor and business | 74659 |
| consumer may use any reasonable, but consistent and uniform, | 74660 |
| method of apportionment that is supported by the vendor's and | 74661 |
| business consumer's books and records as they exist at the time | 74662 |
| the sale is reported for purposes of the taxes levied under this | 74663 |
| chapter. If the business consumer certifies to the accuracy of the | 74664 |
| apportionment and the vendor accepts the certification, the vendor | 74665 |
| shall collect and remit the tax accordingly. In the absence of bad | 74666 |
| faith, the vendor is relieved of any further obligation to collect | 74667 |
| tax on any transaction where the vendor has collected tax pursuant | 74668 |
| to the information certified by the business consumer. | 74669 |
| (3) When the vendor knows that the digital good, computer | 74670 |
| software, or service will be concurrently available for use in | 74671 |
| more than one jurisdiction, and the business consumer does not | 74672 |
| have a direct pay permit and does not provide to the vendor an | 74673 |
| exemption certificate claiming multiple points of use as required | 74674 |
| in division (B)(1) of this section, or certification pursuant to | 74675 |
| division (B)(2) of this section, the vendor shall collect and | 74676 |
| remit the tax based on division (A) of this section. | 74677 |
| (4) Nothing in this section shall limit a person's obligation | 74678 |
| for sales or use tax to any state in which a digital good, | 74679 |
| computer software, or service is concurrently available for use, | 74680 |
| nor limit a person's ability under local, state, or federal law, | 74681 |
| to claim a credit for sales or use taxes legally due and paid to | 74682 |
| other jurisdictions. | 74683 |
| (C) A person who holds a direct payment permit issued under | 74684 |
|
section 5739.031 of the Revised Code is not required to deliver | 74685 |
| an exemption certificate claiming
multiple points of use | 74686 |
| 74687 | |
| division (B) | 74688 |
| on a digital good, computer software | 74689 |
| a
service | 74690 |
| available for use in more than one taxing jurisdiction. | 74691 |
| (D)(1) Notwithstanding divisions (A)(1) to (5) of this | 74692 |
| section, the | 74693 |
| holder of a direct payment permit shall provide to the vendor in | 74694 |
| conjunction with the | 74695 |
| certificate claiming direct mail | 74696 |
| commissioner, or information to show the jurisdictions to which | 74697 |
| the direct mail is delivered to recipients. | 74698 |
| (2) Upon receipt of | 74699 |
| certificate, the vendor is relieved of all obligations to collect, | 74700 |
| pay, or remit the applicable tax and the | 74701 |
| obligated to pay that tax on a direct pay basis. | 74702 |
| certificate claiming direct mail | 74703 |
| all future sales of direct mail by the vendor to the | 74704 |
| consumer until it is revoked in writing. | 74705 |
| (3) Upon receipt of information from the | 74706 |
| showing the jurisdictions to which the direct mail is delivered to | 74707 |
| recipients, the vendor shall collect the tax according to the | 74708 |
| delivery information provided by the | 74709 |
| absence of bad faith, the vendor is relieved of any further | 74710 |
| obligation to collect tax on any transaction where the vendor has | 74711 |
| collected tax pursuant to the delivery information provided by the | 74712 |
| 74713 |
| (4) If the | 74714 |
| direct payment permit and does not provide the vendor with either | 74715 |
| 74716 | |
| information as required by division (D)(1) of this section, the | 74717 |
| vendor shall collect the tax according to division (A)(5) of this | 74718 |
| section. Nothing in division (D)(4) of this section shall limit a | 74719 |
| 74720 | |
| state to which the direct mail is delivered. | 74721 |
| (5) If a | 74722 |
| vendor with documentation of direct payment authority, the | 74723 |
| 74724 | |
| certificate claiming direct mail | 74725 |
| the vendor. | 74726 |
| (E) If the vendor provides lodging to transient guests as | 74727 |
| specified in division (B)(2) of section 5739.01 of the Revised | 74728 |
| Code, the sale shall be sourced to the location where the lodging | 74729 |
| is located. | 74730 |
| (F)(1) As used in this division and division (G) of this | 74731 |
| section, "transportation equipment" means any of the following: | 74732 |
| (a) Locomotives and railcars that are utilized for the | 74733 |
| carriage of persons or property in interstate commerce. | 74734 |
| (b) Trucks and truck-tractors with a gross vehicle weight | 74735 |
| rating of greater than ten thousand pounds, trailers, | 74736 |
| semi-trailers, or passenger buses that are registered through the | 74737 |
| international registration plan and are operated under authority | 74738 |
| of a carrier authorized and certificated by the United States | 74739 |
| department of transportation or another federal authority to | 74740 |
| engage in the carriage of persons or property in interstate | 74741 |
| commerce. | 74742 |
| (c) Aircraft that are operated by air carriers authorized and | 74743 |
| certificated by the United States department of transportation or | 74744 |
| another federal authority to engage in the carriage of persons or | 74745 |
| property in interstate or foreign commerce. | 74746 |
| (d) Containers designed for use on and component parts | 74747 |
| attached to or secured on the items set forth in division | 74748 |
| (F)(1)(a), (b), or (c) of this section. | 74749 |
| (2) A sale, lease, or rental of transportation equipment | 74750 |
| shall be sourced pursuant to division (A) of this section. | 74751 |
| (G)(1) A lease or rental of tangible personal property that | 74752 |
| does not require recurring periodic payments shall be sourced | 74753 |
| pursuant to division (A) of this section. | 74754 |
| (2) A lease or rental of tangible personal property that | 74755 |
| requires recurring periodic payments shall be sourced as follows: | 74756 |
| (a) In the case of a motor vehicle, other than a motor | 74757 |
| vehicle that is transportation equipment, or an aircraft, other | 74758 |
| than an aircraft that is transportation equipment, such lease or | 74759 |
| rental shall be sourced | 74760 |
| follows: | 74761 |
|
(i) | 74762 |
| pursuant to division (A)(2) of section 5739.02 of the Revised | 74763 |
| Code | 74764 |
| 74765 | |
| 74766 | |
| lease or rental is consummated. Any subsequent taxable charges on | 74767 |
| the lease or rental shall be sourced to the primary property | 74768 |
| location for the period in which the charges are incurred. | 74769 |
| (ii) For a lease or rental taxed pursuant to division (A)(3) | 74770 |
| of section 5739.02 of the Revised Code, | 74771 |
| 74772 | |
| to the primary property location for the period covered by the | 74773 |
| installment. | 74774 |
| | 74775 |
| 74776 | |
| 74777 |
| | 74778 |
| 74779 | |
| 74780 | |
| 74781 |
| | 74782 |
| 74783 | |
| 74784 | |
| 74785 |
| | 74786 |
| 74787 | |
| 74788 | |
| 74789 |
| | 74790 |
| 74791 | |
| 74792 | |
| 74793 |
| | 74794 |
| 74795 | |
| 74796 | |
| 74797 | |
| 74798 | |
| 74799 | |
| 74800 |
| | 74801 |
| personal property, other than transportation equipment, such lease | 74802 |
| or rental shall be sourced as follows: | 74803 |
|
(i) | 74804 |
| is taxed pursuant to division (A)(2) of section 5739.02 of the | 74805 |
| Revised Code | 74806 |
| division (A) of this section at the time the lease or rental is | 74807 |
| consummated. Any subsequent taxable charges on the lease or rental | 74808 |
| shall be sourced to the primary property location for the period | 74809 |
| in which the charges are incurred. | 74810 |
| (ii) For a lease or rental that is taxed pursuant to division | 74811 |
| (A)(3) of section 5739.02 of the Revised Code, the initial lease | 74812 |
| or rental installment shall be sourced pursuant to division (A) of | 74813 |
| this section. Each subsequent installment shall be sourced to the | 74814 |
| primary property location for the period covered by the | 74815 |
| installment. | 74816 |
| (3) As used in division (G) of this section, "primary | 74817 |
| property location" means an address for tangible personal property | 74818 |
| provided by the lessee or renter that is available to the lessor | 74819 |
| or owner from its records maintained in the ordinary course of | 74820 |
| business, when use of that address does not constitute bad faith. | 74821 |
| Sec. 5739.034. (A) As used in this section: | 74822 |
| (1) "Air-to-ground radiotelephone service" means a radio | 74823 |
| service, as defined in 47 C.F.R. 22.99, in which common carriers | 74824 |
| are authorized to offer and provide radio telecommunications | 74825 |
| service for hire to subscribers in aircraft. | 74826 |
| (2) "Call-by-call basis" means any method of charging for | 74827 |
| telecommunications services where the price is measured by | 74828 |
| individual calls. | 74829 |
| (3) "Customer" means the person or entity that contracts with | 74830 |
| a seller of telecommunications service. If the end user of | 74831 |
| telecommunications service is not the contracting party, the end | 74832 |
| user of the telecommunications service is the customer of the | 74833 |
| telecommunications service. "Customer" does not include a reseller | 74834 |
| of telecommunications service or of mobile telecommunications | 74835 |
| service of a serving carrier under an agreement to serve the | 74836 |
| customer outside the home service provider's licensed service | 74837 |
| area. | 74838 |
| (4) "End user" means the person who utilizes the | 74839 |
| telecommunications service. In the case of a person other than an | 74840 |
| individual, "end user" means the individual who utilizes the | 74841 |
| service on behalf of the person. | 74842 |
| (5) "Home service provider" has the same meaning as in the | 74843 |
| "Mobile Telecommunications Sourcing Act," Pub. L. No. 106-252, 114 | 74844 |
| Stat. 631 (2000), 4 U.S.C. 124(5), as amended. | 74845 |
| (6) "Place of primary use" means the street address | 74846 |
| representative of where the customer's use of the | 74847 |
| telecommunications service primarily occurs, which must be the | 74848 |
| residential street address or the primary business street address | 74849 |
| of the customer. In the case of mobile telecommunications | 74850 |
| services, "place of primary use" must be within the licensed | 74851 |
| service area of the home service provider. | 74852 |
| (7) "Post-paid calling service" means the telecommunications | 74853 |
| service obtained by making a payment on a call-by-call basis | 74854 |
| either through the use of a credit card or payment mechanism such | 74855 |
| as a bank card, travel card, credit card, or debit card, or by | 74856 |
| charge made to a telephone number that is not associated with the | 74857 |
| origination or termination of the telecommunications service. | 74858 |
| "Post-paid calling service" includes a telecommunications service, | 74859 |
| except a prepaid wireless calling service, that would be a prepaid | 74860 |
| calling service, but for the fact that it is not exclusively a | 74861 |
| telecommunications service. | 74862 |
| (8) "Prepaid calling service" | 74863 |
| 74864 | |
| 74865 | |
| 74866 | |
| 74867 | |
| 74868 | |
| wireless calling service" have the same meanings as in section | 74869 |
| 5739.01 of the Revised Code. | 74870 |
| (9) "Service address" means: | 74871 |
| (a) The location of the telecommunications equipment to which | 74872 |
| a customer's call is charged and from which the call originates or | 74873 |
| terminates, regardless of where the call is billed or paid. | 74874 |
| (b) If the location in division (A)(9)(a) of this section is | 74875 |
| not known, "service address" means the origination point of the | 74876 |
| signal of the telecommunications service first identified by | 74877 |
| either the seller's telecommunications system or in information | 74878 |
| received by the seller from its service provider, where the system | 74879 |
| used to transport such signals is not that of the seller. | 74880 |
| (c) If the locations in divisions (A)(9)(a) and (b) of this | 74881 |
| section are not known, "service address" means the location of the | 74882 |
| customer's place of primary use. | 74883 |
| (10) "Private communication service" means a | 74884 |
| telecommunications service that entitles a customer to exclusive | 74885 |
| or priority use of a communications channel or group of channels | 74886 |
| between or among termination points, regardless of the manner in | 74887 |
| which the channel or channels are connected, and includes | 74888 |
| switching capacity, extension lines, stations, and any other | 74889 |
| associated services that are provided in connection with the use | 74890 |
| of such channel or channels. | 74891 |
| (B) The amount of tax due pursuant to sections 5739.02, | 74892 |
| 5739.021, 5739.023, and 5739.026 of the Revised Code on sales of | 74893 |
| telecommunications service, information service, or mobile | 74894 |
| telecommunications service, is the sum of the taxes imposed | 74895 |
| pursuant to those sections at the sourcing location of the sale as | 74896 |
| determined under this section. | 74897 |
| (C) Except for the telecommunications services described in | 74898 |
| division (E) of this section, the sale of telecommunications | 74899 |
| service sold on a call-by-call basis shall be sourced to each | 74900 |
| level of taxing jurisdiction where the call originates and | 74901 |
| terminates in that jurisdiction, or each level of taxing | 74902 |
| jurisdiction where the call either originates or terminates and in | 74903 |
| which the service address also is located. | 74904 |
| (D) Except for the telecommunications services described in | 74905 |
| division (E) of this section, a sale of telecommunications | 74906 |
| services sold on a basis other than a call-by-call basis shall be | 74907 |
| sourced to the customer's place of primary use. | 74908 |
| (E) The sale of the following telecommunications services | 74909 |
| shall be sourced to each level of taxing jurisdiction, as follows: | 74910 |
| (1) A sale of mobile telecommunications service, other than | 74911 |
| air-to-ground radiotelephone service and prepaid calling service, | 74912 |
| shall be sourced to the customer's place of primary use as | 74913 |
| required by the Mobile Telecommunications Sourcing Act. | 74914 |
| (2) A sale of post-paid calling service shall be sourced to | 74915 |
| the origination point of the telecommunications signal as first | 74916 |
| identified by the service provider's telecommunications system, or | 74917 |
| information received by the seller from its service provider, | 74918 |
| where the system used to transport such signals is not that of the | 74919 |
| seller. | 74920 |
| (3) A sale of | 74921 |
| prepaid | 74922 |
| calling service shall be sourced under division (A) of section | 74923 |
| 5739.033 of the Revised Code | 74924 |
| wireless calling service, in lieu of sourcing the sale of the | 74925 |
| service under division (A)(5) of | 74926 |
| Revised Code, | 74927 |
| source the sale to the location associated with the mobile | 74928 |
| telephone number. | 74929 |
| (4) A sale of a private communication service shall be | 74930 |
| sourced as follows: | 74931 |
| (a) Service for a separate charge related to a customer | 74932 |
| channel termination point shall be sourced to each level of | 74933 |
| jurisdiction in which the customer channel termination point is | 74934 |
| located; | 74935 |
| (b) Service where all customer channel termination points are | 74936 |
| located entirely within one jurisdiction or level of jurisdiction | 74937 |
| shall be sourced in the jurisdiction in which the customer channel | 74938 |
| termination points are located; | 74939 |
| (c) Service for segments of a channel between two customer | 74940 |
| channel termination points located in different jurisdictions and | 74941 |
| which segments of a channel are separately charged shall be | 74942 |
| sourced fifty per cent in each level of jurisdiction in which the | 74943 |
| customer channel termination points are located; | 74944 |
| (d) Service for segments of a channel located in more than | 74945 |
| one jurisdiction or level of jurisdiction and which segments are | 74946 |
| not separately billed shall be sourced in each jurisdiction based | 74947 |
| on the percentage determined by dividing the number of customer | 74948 |
| channel termination points in the jurisdiction by the total number | 74949 |
| of customer channel termination points. | 74950 |
| Sec. 5739.035. This section only applies to sales that are | 74951 |
| required to be sitused under this section pursuant to section | 74952 |
| 5739.033 of the Revised Code. | 74953 |
| (A) Except as otherwise provided in this section, the situs | 74954 |
| of all sales is the vendor's place of business. | 74955 |
| (1) If the consumer or the consumer's agent takes possession | 74956 |
| of the tangible personal property at a place of business of the | 74957 |
| vendor where the purchase contract or agreement was made, the | 74958 |
| situs of the sale is that place of business. | 74959 |
| (2) If the consumer or the consumer's agent takes possession | 74960 |
| of the tangible personal property other than at a place of | 74961 |
| business of the vendor, or takes possession at a warehouse or | 74962 |
| similar facility of the vendor, the situs of the sale is the | 74963 |
| vendor's place of business where the purchase contract or | 74964 |
| agreement was made or the purchase order was received. | 74965 |
| (3) If the vendor provides a service specified in division | 74966 |
|
(B)(3)(a), (b), (c), (d), (n),
(o), (q), (r), or (s) | 74967 |
| section 5739.01 or makes a sale specified in division (B)(8) of | 74968 |
| section 5739.01 of the Revised Code, the situs of the sale is the | 74969 |
| vendor's place of business where the service is performed or the | 74970 |
| contract or agreement for the service was made or the purchase | 74971 |
| order was received. | 74972 |
| (B) If the vendor is a transient vendor as specified in | 74973 |
| division (B) of section 5739.17 of the Revised Code, the situs of | 74974 |
| the sale is the vendor's temporary place of business or, if the | 74975 |
| transient vendor is the lessor of titled motor vehicles, titled | 74976 |
| watercraft, or titled outboard motors, at the location where the | 74977 |
| lessee keeps the leased property. | 74978 |
| (C) If the vendor makes sales of tangible personal property | 74979 |
| from a stock of goods carried in a motor vehicle, from which the | 74980 |
| purchaser makes selection and takes possession, or from which the | 74981 |
| vendor sells tangible personal property the quantity of which has | 74982 |
| not been determined prior to the time the purchaser takes | 74983 |
| possession, the situs of the sale is the location of the motor | 74984 |
| vehicle when the sale is made. | 74985 |
| (D) If the vendor is a delivery vendor as specified in | 74986 |
| division (D) of section 5739.17 of the Revised Code, the situs of | 74987 |
| the sale is the place where the tangible personal property is | 74988 |
| delivered, where the leased property is used, or where the service | 74989 |
| is performed or received. | 74990 |
| (E) If the vendor provides a service specified in division | 74991 |
|
(B)(3)(e), (g), (h), (j), (k), (l),
(m), | 74992 |
| section 5739.01 of the Revised Code, the situs of the sale is the | 74993 |
| location of the consumer where the service is performed or | 74994 |
| received. | 74995 |
| (F) If the vendor provides lodging to transient guests as | 74996 |
| specified in division (B)(2) of section 5739.01 of the Revised | 74997 |
| Code, the situs of the sale is the location where the lodging is | 74998 |
| located. | 74999 |
| (G) If the vendor sells a warranty, maintenance or service | 75000 |
| contract, or similar agreement as specified in division (B)(7) of | 75001 |
| section 5739.01 of the Revised Code and the vendor is a delivery | 75002 |
| vendor, the situs of the sale is the location of the consumer. If | 75003 |
| the vendor is not a delivery vendor, the situs of the sale is the | 75004 |
| vendor's place of business where the contract or agreement was | 75005 |
| made, unless the warranty or contract is a component of the sale | 75006 |
| of a titled motor vehicle, titled watercraft, or titled outboard | 75007 |
| motor, in which case the situs of the sale is the county of | 75008 |
| titling. | 75009 |
| (H) Except as otherwise provided in this division, if the | 75010 |
| vendor sells a prepaid authorization number or a prepaid telephone | 75011 |
| calling card, the situs of the sale is the vendor's place of | 75012 |
| business and shall be taxed at the time of sale. If the vendor | 75013 |
| sells a prepaid authorization number or prepaid telephone calling | 75014 |
| card through a telephone call, electronic commerce, or any other | 75015 |
| form of remote commerce, the situs of the sale is the consumer's | 75016 |
| shipping address, or, if there is no item shipped, at the | 75017 |
| consumer's billing address. | 75018 |
| Sec. 5739.09. (A)(1) A board of county commissioners may, by | 75019 |
| resolution adopted by a majority of the members of the board, levy | 75020 |
| an excise tax not to exceed three per cent on transactions by | 75021 |
| which lodging by a hotel is or is to be furnished to transient | 75022 |
| guests. The board shall establish all regulations necessary to | 75023 |
| provide for the administration and allocation of the tax. The | 75024 |
| regulations may prescribe the time for payment of the tax, and may | 75025 |
| provide for the imposition of a penalty or interest, or both, for | 75026 |
| late payments, provided that the penalty does not exceed ten per | 75027 |
| cent of the amount of tax due, and the rate at which interest | 75028 |
| accrues does not exceed the rate per annum prescribed pursuant to | 75029 |
| section 5703.47 of the Revised Code. Except as provided in | 75030 |
| divisions (A)(2), (3), (4), and (5) of this section, the | 75031 |
| regulations shall provide, after deducting the real and actual | 75032 |
| costs of administering the tax, for the return to each municipal | 75033 |
| corporation or township that does not levy an excise tax on the | 75034 |
| transactions, a uniform percentage of the tax collected in the | 75035 |
| municipal corporation or in the unincorporated portion of the | 75036 |
| township from each transaction, not to exceed thirty-three and | 75037 |
| one-third per cent. The remainder of the revenue arising from the | 75038 |
| tax shall be deposited in a separate fund and shall be spent | 75039 |
| solely to make contributions to the convention and visitors' | 75040 |
| bureau or community improvement corporation operating within the | 75041 |
| county, including a pledge and contribution of any portion of the | 75042 |
| remainder pursuant to an agreement authorized by section 307.695 | 75043 |
| of the Revised Code. Except as provided in division (A)(2), (3), | 75044 |
| (4), or (5) or (H) of this section, on and after May 10, 1994, a | 75045 |
| board of county commissioners may not levy an excise tax pursuant | 75046 |
| to this division in any municipal corporation or township located | 75047 |
| wholly or partly within the county that has in effect an ordinance | 75048 |
| or resolution levying an excise tax pursuant to division (B) of | 75049 |
| this section. The board of a county that has levied a tax under | 75050 |
| division (C) of this section may, by resolution adopted within | 75051 |
| ninety days after July 15, 1985, by a majority of the members of | 75052 |
| the board, amend the resolution levying a tax under this division | 75053 |
| to provide for a portion of that tax to be pledged and contributed | 75054 |
| in accordance with an agreement entered into under section 307.695 | 75055 |
| of the Revised Code. A tax, any revenue from which is pledged | 75056 |
| pursuant to such an agreement, shall remain in effect at the rate | 75057 |
| at which it is imposed for the duration of the period for which | 75058 |
| the revenue from the tax has been so pledged. | 75059 |
| (2) A board of county commissioners that levies an excise tax | 75060 |
| under division (A)(1) of this section on June 30, 1997, at a rate | 75061 |
| of three per cent, and that has pledged revenue from the tax to an | 75062 |
| agreement entered into under section 307.695 of the Revised Code, | 75063 |
| may amend the resolution levying that tax to provide for an | 75064 |
| increase in the rate of the tax up to five per cent on each | 75065 |
| transaction; to provide that revenue from the increase in the rate | 75066 |
| shall be spent solely to make contributions to the convention and | 75067 |
| visitors' bureau operating within the county to be used | 75068 |
| specifically for promotion, advertising, and marketing of the | 75069 |
| region in which the county is located; to provide that the rate in | 75070 |
| excess of the three per cent levied under division (A)(1) of this | 75071 |
| section shall remain in effect at the rate at which it is imposed | 75072 |
| for the duration of the period during which any agreement is in | 75073 |
| effect that was entered into under section 307.695 of the Revised | 75074 |
| Code by the board of county commissioners levying a tax under | 75075 |
| division (A)(1) of this section; and to provide that no portion of | 75076 |
| that revenue need be returned to townships or municipal | 75077 |
| corporations as would otherwise be required under division (A)(1) | 75078 |
| of this section. | 75079 |
| (3) A board of county commissioners that levies a tax under | 75080 |
| division (A)(1) of this section on March 18, 1999, at a rate of | 75081 |
| three per cent may, by resolution adopted not later than | 75082 |
| forty-five days after March 18, 1999, amend the resolution levying | 75083 |
| the tax to provide for all of the following: | 75084 |
| (a) That the rate of the tax shall be increased by not more | 75085 |
| than an additional four per cent on each transaction; | 75086 |
| (b) That all of the revenue from the increase in the rate | 75087 |
| shall be pledged and contributed to a convention facilities | 75088 |
| authority established by the board of county commissioners under | 75089 |
| Chapter 351. of the Revised Code on or before November 15, 1998, | 75090 |
| and used to pay costs of constructing, maintaining, operating, and | 75091 |
| promoting a facility in the county, including paying bonds, or | 75092 |
| notes issued in anticipation of bonds, as provided by that | 75093 |
| chapter; | 75094 |
| (c) That no portion of the revenue arising from the increase | 75095 |
| in rate need be returned to municipal corporations or townships as | 75096 |
| otherwise required under division (A)(1) of this section; | 75097 |
| (d) That the increase in rate shall not be subject to | 75098 |
| diminution by initiative or referendum or by law while any bonds, | 75099 |
| or notes in anticipation of bonds, issued by the authority under | 75100 |
| Chapter 351. of the Revised Code to which the revenue is pledged, | 75101 |
| remain outstanding in accordance with their terms, unless | 75102 |
| provision is made by law or by the board of county commissioners | 75103 |
| for an adequate substitute therefor that is satisfactory to the | 75104 |
| trustee if a trust agreement secures the bonds. | 75105 |
| Division (A)(3) of this section does not apply to the board | 75106 |
| of county commissioners of any county in which a convention center | 75107 |
| or facility exists or is being constructed on November 15, 1998, | 75108 |
| or of any county in which a convention facilities authority levies | 75109 |
| a tax pursuant to section 351.021 of the Revised Code on that | 75110 |
| date. | 75111 |
| As used in division (A)(3) of this section, "cost" and | 75112 |
| "facility" have the same meanings as in section 351.01 of the | 75113 |
| Revised Code, and "convention center" has the same meaning as in | 75114 |
| section 307.695 of the Revised Code. | 75115 |
| (4) A board of county commissioners that levies a tax under | 75116 |
| division (A)(1) of this section on June 30, 2002, at a rate of | 75117 |
| three per cent may, by resolution adopted not later than September | 75118 |
| 30, 2002, amend the resolution levying the tax to provide for all | 75119 |
| of the following: | 75120 |
| (a) That the rate of the tax shall be increased by not more | 75121 |
| than an additional three and one-half per cent on each | 75122 |
| transaction; | 75123 |
| (b) That all of the revenue from the increase in rate shall | 75124 |
| be pledged and contributed to a convention facilities authority | 75125 |
| established by the board of county commissioners under Chapter | 75126 |
| 351. of the Revised Code on or before May 15, 2002, and be used to | 75127 |
| pay costs of constructing, expanding, maintaining, operating, or | 75128 |
| promoting a convention center in the county, including paying | 75129 |
| bonds, or notes issued in anticipation of bonds, as provided by | 75130 |
| that chapter; | 75131 |
| (c) That no portion of the revenue arising from the increase | 75132 |
| in rate need be returned to municipal corporations or townships as | 75133 |
| otherwise required under division (A)(1) of this section; | 75134 |
| (d) That the increase in rate shall not be subject to | 75135 |
| diminution by initiative or referendum or by law while any bonds, | 75136 |
| or notes in anticipation of bonds, issued by the authority under | 75137 |
| Chapter 351. of the Revised Code to which the revenue is pledged, | 75138 |
| remain outstanding in accordance with their terms, unless | 75139 |
| provision is made by law or by the board of county commissioners | 75140 |
| for an adequate substitute therefor that is satisfactory to the | 75141 |
| trustee if a trust agreement secures the bonds. | 75142 |
| As used in division (A)(4) of this section, "cost" has the | 75143 |
| same meaning as in section 351.01 of the Revised Code, and | 75144 |
| "convention center" has the same meaning as in section 307.695 of | 75145 |
| the Revised Code. | 75146 |
| (5)(a) As used in division (A)(5) of this section: | 75147 |
| (i) "Port authority" means a port authority created under | 75148 |
| Chapter 4582. of the Revised Code. | 75149 |
| (ii) "Port authority military-use facility" means port | 75150 |
| authority facilities on which or adjacent to which is located an | 75151 |
| installation of the armed forces of the United States, a reserve | 75152 |
| component thereof, or the national guard and at least part of | 75153 |
| which is made available for use, for consideration, by the armed | 75154 |
| forces of the United States, a reserve component thereof, or the | 75155 |
| national guard. | 75156 |
| (b) For the purpose of contributing revenue to pay operating | 75157 |
| expenses of a port authority that operates a port authority | 75158 |
| military-use facility, the board of county commissioners of a | 75159 |
| county that created, participated in the creation of, or has | 75160 |
| joined such a port authority may do one or both of the following: | 75161 |
| (i) Amend a resolution previously adopted under division | 75162 |
| (A)(1) of this section to designate some or all of the revenue | 75163 |
| from the tax levied under the resolution to be used for that | 75164 |
| purpose, notwithstanding that division; | 75165 |
| (ii) Amend a resolution previously adopted under division | 75166 |
| (A)(1) of this section to increase the rate of the tax by not more | 75167 |
| than an additional two per cent and use the revenue from the | 75168 |
| increase exclusively for that purpose. | 75169 |
| (c) If a board of county commissioners amends a resolution to | 75170 |
| increase the rate of a tax as authorized in division (A)(5)(b)(ii) | 75171 |
| of this section, the board also may amend the resolution to | 75172 |
| specify that the increase in rate of the tax does not apply to | 75173 |
| "hotels," as otherwise defined in section 5739.01 of the Revised | 75174 |
| Code, having fewer rooms used for the accommodation of guests than | 75175 |
| a number of rooms specified by the board. | 75176 |
| (B)(1) The legislative authority of a municipal corporation | 75177 |
| or the board of trustees of a township that is not wholly or | 75178 |
| partly located in a county that has in effect a resolution levying | 75179 |
| an excise tax pursuant to division (A)(1) of this section may, by | 75180 |
| ordinance or resolution, levy an excise tax not to exceed three | 75181 |
| per cent on transactions by which lodging by a hotel is or is to | 75182 |
| be furnished to transient guests. The legislative authority of the | 75183 |
| municipal corporation or the board of trustees of the township | 75184 |
| shall deposit at least fifty per cent of the revenue from the tax | 75185 |
| levied pursuant to this division into a separate fund, which shall | 75186 |
| be spent solely to make contributions to convention and visitors' | 75187 |
| bureaus operating within the county in which the municipal | 75188 |
| corporation or township is wholly or partly located, and the | 75189 |
| balance of that revenue shall be deposited in the general fund. | 75190 |
| The municipal corporation or township shall establish all | 75191 |
| regulations necessary to provide for the administration and | 75192 |
| allocation of the tax. The regulations may prescribe the time for | 75193 |
| payment of the tax, and may provide for the imposition of a | 75194 |
| penalty or interest, or both, for late payments, provided that the | 75195 |
| penalty does not exceed ten per cent of the amount of tax due, and | 75196 |
| the rate at which interest accrues does not exceed the rate per | 75197 |
| annum prescribed pursuant to section 5703.47 of the Revised Code. | 75198 |
| The levy of a tax under this division is in addition to any tax | 75199 |
| imposed on the same transaction by a municipal corporation or a | 75200 |
| township as authorized by division (A) of section 5739.08 of the | 75201 |
| Revised Code. | 75202 |
| (2) The legislative authority of the most populous municipal | 75203 |
| corporation located wholly or partly in a county in which the | 75204 |
| board of county commissioners has levied a tax under division | 75205 |
| (A)(4) of this section may amend, on or before September 30, 2002, | 75206 |
| that municipal corporation's ordinance or resolution that levies | 75207 |
| an excise tax on transactions by which lodging by a hotel is or is | 75208 |
| to be furnished to transient guests, to provide for all of the | 75209 |
| following: | 75210 |
| (a) That the rate of the tax shall be increased by not more | 75211 |
| than an additional one per cent on each transaction; | 75212 |
| (b) That all of the revenue from the increase in rate shall | 75213 |
| be pledged and contributed to a convention facilities authority | 75214 |
| established by the board of county commissioners under Chapter | 75215 |
| 351. of the Revised Code on or before May 15, 2002, and be used to | 75216 |
| pay costs of constructing, expanding, maintaining, operating, or | 75217 |
| promoting a convention center in the county, including paying | 75218 |
| bonds, or notes issued in anticipation of bonds, as provided by | 75219 |
| that chapter; | 75220 |
| (c) That the increase in rate shall not be subject to | 75221 |
| diminution by initiative or referendum or by law while any bonds, | 75222 |
| or notes in anticipation of bonds, issued by the authority under | 75223 |
| Chapter 351. of the Revised Code to which the revenue is pledged, | 75224 |
| remain outstanding in accordance with their terms, unless | 75225 |
| provision is made by law, by the board of county commissioners, or | 75226 |
| by the legislative authority, for an adequate substitute therefor | 75227 |
| that is satisfactory to the trustee if a trust agreement secures | 75228 |
| the bonds. | 75229 |
| As used in division (B)(2) of this section, "cost" has the | 75230 |
| same meaning as in section 351.01 of the Revised Code, and | 75231 |
| "convention center" has the same meaning as in section 307.695 of | 75232 |
| the Revised Code. | 75233 |
| (C) For the purpose of making the payments authorized by | 75234 |
| section 307.695 of the Revised Code to construct and equip a | 75235 |
| convention center in the county and to cover the costs of | 75236 |
| administering the tax, a board of county commissioners of a county | 75237 |
| where a tax imposed under division (A)(1) of this section is in | 75238 |
|
effect may, by resolution adopted within | 75239 |
| days after
July
| 75240 |
| the board, levy an additional excise tax not to exceed three per | 75241 |
| cent on transactions by which lodging by a hotel is or is to be | 75242 |
| furnished to transient guests. The tax authorized by this division | 75243 |
| shall be in addition to any tax that is levied pursuant to | 75244 |
| division (A) of this section, but it shall not apply to | 75245 |
| transactions subject to a tax levied by a municipal corporation or | 75246 |
| township pursuant to the authorization granted by division (A) of | 75247 |
| section 5739.08 of the Revised Code. The board shall establish all | 75248 |
| regulations necessary to provide for the administration and | 75249 |
| allocation of the tax. The regulations may prescribe the time for | 75250 |
| payment of the tax, and may provide for the imposition of a | 75251 |
| penalty or interest, or both, for late payments, provided that the | 75252 |
| penalty does not exceed ten per cent of the amount of tax due, and | 75253 |
| the rate at which interest accrues does not exceed the rate per | 75254 |
| annum prescribed pursuant to section 5703.47 of the Revised Code. | 75255 |
| All revenues arising from the tax shall be expended in accordance | 75256 |
| with section 307.695 of the Revised Code. A tax imposed under this | 75257 |
| division shall remain in effect at the rate at which it is imposed | 75258 |
| for the duration of the period for which the revenue from the tax | 75259 |
| has been pledged pursuant to that section. | 75260 |
| (D) For the purpose of providing contributions under division | 75261 |
| (B)(1) of section 307.671 of the Revised Code to enable the | 75262 |
| acquisition, construction, and equipping of a port authority | 75263 |
| educational and cultural facility in the county and, to the extent | 75264 |
| provided for in the cooperative agreement authorized by that | 75265 |
| section, for the purpose of paying debt service charges on bonds, | 75266 |
| or notes in anticipation of bonds, described in division (B)(1)(b) | 75267 |
| of that section, a board of county commissioners, by resolution | 75268 |
| adopted within ninety days after December 22, 1992, by a majority | 75269 |
| of the members of the board, may levy an additional excise tax not | 75270 |
| to exceed one and one-half per cent on transactions by which | 75271 |
| lodging by a hotel is or is to be furnished to transient guests. | 75272 |
| The excise tax authorized by this division shall be in addition to | 75273 |
| any tax that is levied pursuant to divisions (A), (B), and (C) of | 75274 |
| this section, to any excise tax levied pursuant to section 5739.08 | 75275 |
| of the Revised Code, and to any excise tax levied pursuant to | 75276 |
| section 351.021 of the Revised Code. The board of county | 75277 |
| commissioners shall establish all regulations necessary to provide | 75278 |
| for the administration and allocation of the tax that are not | 75279 |
| inconsistent with this section or section 307.671 of the Revised | 75280 |
| Code. The regulations may prescribe the time for payment of the | 75281 |
| tax, and may provide for the imposition of a penalty or interest, | 75282 |
| or both, for late payments, provided that the penalty does not | 75283 |
| exceed ten per cent of the amount of tax due, and the rate at | 75284 |
| which interest accrues does not exceed the rate per annum | 75285 |
| prescribed pursuant to section 5703.47 of the Revised Code. All | 75286 |
| revenues arising from the tax shall be expended in accordance with | 75287 |
| section 307.671 of the Revised Code and division (D) of this | 75288 |
| section. The levy of a tax imposed under this division may not | 75289 |
| commence prior to the first day of the month next following the | 75290 |
| execution of the cooperative agreement authorized by section | 75291 |
| 307.671 of the Revised Code by all parties to that agreement. The | 75292 |
| tax shall remain in effect at the rate at which it is imposed for | 75293 |
| the period of time described in division (C) of section 307.671 of | 75294 |
| the Revised Code for which the revenue from the tax has been | 75295 |
| pledged by the county to the corporation pursuant to that section, | 75296 |
| but, to any extent provided for in the cooperative agreement, for | 75297 |
| no lesser period than the period of time required for payment of | 75298 |
| the debt service charges on bonds, or notes in anticipation of | 75299 |
| bonds, described in division (B)(1)(b) of that section. | 75300 |
| (E) For the purpose of paying the costs of acquiring, | 75301 |
| constructing, equipping, and improving a municipal educational and | 75302 |
| cultural facility, including debt service charges on bonds | 75303 |
| provided for in division (B) of section 307.672 of the Revised | 75304 |
| Code, and for any additional purposes determined by the county in | 75305 |
| the resolution levying the tax or amendments to the resolution, | 75306 |
| including subsequent amendments providing for paying costs of | 75307 |
| acquiring, constructing, renovating, rehabilitating, equipping, | 75308 |
| and improving a port authority educational and cultural performing | 75309 |
| arts facility, as defined in section 307.674 of the Revised Code, | 75310 |
| and including debt service charges on bonds provided for in | 75311 |
| division (B) of section 307.674 of the Revised Code, the | 75312 |
| legislative authority of a county, by resolution adopted within | 75313 |
| ninety days after June 30, 1993, by a majority of the members of | 75314 |
| the legislative authority, may levy an additional excise tax not | 75315 |
| to exceed one and one-half per cent on transactions by which | 75316 |
| lodging by a hotel is or is to be furnished to transient guests. | 75317 |
| The excise tax authorized by this division shall be in addition to | 75318 |
| any tax that is levied pursuant to divisions (A), (B), (C), and | 75319 |
| (D) of this section, to any excise tax levied pursuant to section | 75320 |
| 5739.08 of the Revised Code, and to any excise tax levied pursuant | 75321 |
| to section 351.021 of the Revised Code. The legislative authority | 75322 |
| of the county shall establish all regulations necessary to provide | 75323 |
| for the administration and allocation of the tax. The regulations | 75324 |
| may prescribe the time for payment of the tax, and may provide for | 75325 |
| the imposition of a penalty or interest, or both, for late | 75326 |
| payments, provided that the penalty does not exceed ten per cent | 75327 |
| of the amount of tax due, and the rate at which interest accrues | 75328 |
| does not exceed the rate per annum prescribed pursuant to section | 75329 |
| 5703.47 of the Revised Code. All revenues arising from the tax | 75330 |
| shall be expended in accordance with section 307.672 of the | 75331 |
| Revised Code and this division. The levy of a tax imposed under | 75332 |
| this division shall not commence prior to the first day of the | 75333 |
| month next following the execution of the cooperative agreement | 75334 |
| authorized by section 307.672 of the Revised Code by all parties | 75335 |
| to that agreement. The tax shall remain in effect at the rate at | 75336 |
| which it is imposed for the period of time determined by the | 75337 |
| legislative authority of the county, but not to exceed fifteen | 75338 |
| years. | 75339 |
| (F) The legislative authority of a county that has levied a | 75340 |
| tax under division (E) of this section may, by resolution adopted | 75341 |
| within one hundred eighty days after January 4, 2001, by a | 75342 |
| majority of the members of the legislative authority, amend the | 75343 |
| resolution levying a tax under that division to provide for the | 75344 |
| use of the proceeds of that tax, to the extent that it is no | 75345 |
| longer needed for its original purpose as determined by the | 75346 |
| parties to a cooperative agreement amendment pursuant to division | 75347 |
| (D) of section 307.672 of the Revised Code, to pay costs of | 75348 |
| acquiring, constructing, renovating, rehabilitating, equipping, | 75349 |
| and improving a port authority educational and cultural performing | 75350 |
| arts facility, including debt service charges on bonds provided | 75351 |
| for in division (B) of section 307.674 of the Revised Code, and to | 75352 |
| pay all obligations under any guaranty agreements, reimbursement | 75353 |
| agreements, or other credit enhancement agreements described in | 75354 |
| division (C) of section 307.674 of the Revised Code. The | 75355 |
| resolution may also provide for the extension of the tax at the | 75356 |
| same rate for the longer of the period of time determined by the | 75357 |
| legislative authority of the county, but not to exceed an | 75358 |
| additional twenty-five years, or the period of time required to | 75359 |
| pay all debt service charges on bonds provided for in division (B) | 75360 |
| of section 307.672 of the Revised Code and on port authority | 75361 |
| revenue bonds provided for in division (B) of section 307.674 of | 75362 |
| the Revised Code. All revenues arising from the amendment and | 75363 |
| extension of the tax shall be expended in accordance with section | 75364 |
| 307.674 of the Revised Code, this division, and division (E) of | 75365 |
| this section. | 75366 |
| (G) For purposes of a tax levied by a county, township, or | 75367 |
| municipal corporation under this section or section 5739.08 of the | 75368 |
| Revised Code, a board of county commissioners, board of township | 75369 |
| trustees, or the legislative authority of a municipal corporation | 75370 |
| may adopt a resolution or ordinance at any time specifying that | 75371 |
| "hotel," as otherwise defined in section 5739.01 of the Revised | 75372 |
| Code, includes establishments in which fewer than five rooms are | 75373 |
| used for the accommodation of guests. The resolution or ordinance | 75374 |
| may apply to a tax imposed pursuant to this section prior to the | 75375 |
| adoption of the resolution or ordinance if the resolution or | 75376 |
| ordinance so states, but the tax shall not apply to transactions | 75377 |
| by which lodging by such an establishment is provided to transient | 75378 |
| guests prior to the adoption of the resolution or ordinance. | 75379 |
| (H)(1) As used in this division: | 75380 |
| (a) "Convention facilities authority" has the same meaning as | 75381 |
| in section 351.01 of the Revised Code. | 75382 |
| (b) "Convention center" has the same meaning as in section | 75383 |
| 307.695 of the Revised Code. | 75384 |
| (2) Notwithstanding any contrary provision of division (D) of | 75385 |
| this section, the legislative authority of a county with a | 75386 |
| population of one million or more according to the most recent | 75387 |
| federal decennial census that has levied a tax under division (D) | 75388 |
| of this section may, by resolution adopted by a majority of the | 75389 |
| members of the legislative authority, provide for the extension of | 75390 |
| such levy and may provide that the proceeds of that tax, to the | 75391 |
| extent that they are no longer needed for their original purpose | 75392 |
| as defined by a cooperative agreement entered into under section | 75393 |
| 307.671 of the Revised Code, shall be deposited into the county | 75394 |
| general revenue fund. The resolution shall provide for the | 75395 |
| extension of the tax at a rate not to exceed the rate specified in | 75396 |
| division (D) of this section for a period of time determined by | 75397 |
| the legislative authority of the county, but not to exceed an | 75398 |
| additional forty years. | 75399 |
| (3) The legislative authority of a county with a population | 75400 |
| of one million or more that has levied a tax under division (A)(1) | 75401 |
| of this section may, by resolution adopted by a majority of the | 75402 |
| members of the legislative authority, increase the rate of the tax | 75403 |
| levied by such county under division (A)(1) of this section to a | 75404 |
| rate not to exceed five per cent on transactions by which lodging | 75405 |
| by a hotel is or is to be furnished to transient guests. | 75406 |
| Notwithstanding any contrary provision of division (A)(1) of this | 75407 |
| section, the resolution may provide that all collections resulting | 75408 |
| from the rate levied in excess of three per cent, after deducting | 75409 |
| the real and actual costs of administering the tax, shall be | 75410 |
| deposited in the county general fund. | 75411 |
| (4) The legislative authority of a county with a population | 75412 |
| of one million or more that has levied a tax under division (A)(1) | 75413 |
| of this section may, by resolution adopted on or before August 30, | 75414 |
| 2004, by a majority of the members of the legislative authority, | 75415 |
| provide that all or a portion of the proceeds of the tax levied | 75416 |
| under division (A)(1) of this section, after deducting the real | 75417 |
| and actual costs of administering the tax and the amounts required | 75418 |
| to be returned to townships and municipal corporations with | 75419 |
| respect to the first three per cent levied under division (A)(1) | 75420 |
| of this section, shall be deposited in the county general fund, | 75421 |
| provided that such proceeds shall be used to satisfy any pledges | 75422 |
| made in connection with an agreement entered into under section | 75423 |
| 307.695 of the Revised Code. | 75424 |
| (5) No amount collected from a tax levied, extended, or | 75425 |
| required to be deposited in the county general fund under division | 75426 |
| (H) of this section shall be contributed to a convention | 75427 |
| facilities authority, corporation, or other entity created after | 75428 |
| July 1, 2003, for the principal purpose of constructing, | 75429 |
| improving, expanding, equipping, financing, or operating a | 75430 |
| convention center unless the mayor of the municipal corporation in | 75431 |
| which the convention center is to be operated by that convention | 75432 |
| facilities authority, corporation, or other entity has consented | 75433 |
| to the creation of that convention facilities authority, | 75434 |
| corporation, or entity. Notwithstanding any contrary provision of | 75435 |
| section 351.04 of the Revised Code, if a tax is levied by a county | 75436 |
| under division (H) of this section, the board of county | 75437 |
| commissioners of that county may determine the manner of | 75438 |
| selection, the qualifications, the number, and terms of office of | 75439 |
| the members of the board of directors of any convention facilities | 75440 |
| authority, corporation, or other entity described in division | 75441 |
| (H)(5) of this section. | 75442 |
| (6)(a) No amount collected from a tax levied, extended, or | 75443 |
| required to be deposited in the county general fund under division | 75444 |
| (H) of this section may be used for any purpose other than paying | 75445 |
| the direct and indirect costs of constructing, improving, | 75446 |
| expanding, equipping, financing, or operating a convention center | 75447 |
| and for the real and actual costs of administering the tax, | 75448 |
| unless, prior to the adoption of the resolution of the legislative | 75449 |
| authority of the county authorizing the levy, extension, increase, | 75450 |
| or deposit, the county and the mayor of the most populous | 75451 |
| municipal corporation in that county have entered into an | 75452 |
| agreement as to the use of such amounts, provided that such | 75453 |
| agreement has been approved by a majority of the mayors of the | 75454 |
| other municipal corporations in that county. The agreement shall | 75455 |
| provide that the amounts to be used for purposes other than paying | 75456 |
| the convention center or administrative costs described in | 75457 |
| division (H)(6)(a) of this section be used only for the direct and | 75458 |
| indirect costs of capital improvements, including the financing of | 75459 |
| capital improvements. | 75460 |
| (b) If the county in which the tax is levied has an | 75461 |
| association of mayors and city managers, the approval of that | 75462 |
| association of an agreement described in division (H)(6)(a) of | 75463 |
| this section shall be considered to be the approval of the | 75464 |
| majority of the mayors of the other municipal corporations for | 75465 |
| purposes of that division. | 75466 |
| (7) Each year, the auditor of state shall conduct an audit of | 75467 |
| the uses of any amounts collected from taxes levied, extended, or | 75468 |
| deposited under division (H) of this section and shall prepare a | 75469 |
| report of the auditor of state's findings. The auditor of state | 75470 |
| shall submit the report to the legislative authority of the county | 75471 |
| that has levied, extended, or deposited the tax, the speaker of | 75472 |
| the house of representatives, the president of the senate, and the | 75473 |
| leaders of the minority parties of the house of representatives | 75474 |
| and the senate. | 75475 |
| Sec. 5739.10. (A) In addition to the tax levied by section | 75476 |
| 5739.02 of the Revised Code and any tax levied pursuant to section | 75477 |
| 5739.021, 5739.023, or 5739.026 of the Revised Code, and to secure | 75478 |
| the same objectives specified in those sections, there is hereby | 75479 |
| levied upon the privilege of engaging in the business of making | 75480 |
| retail sales, an excise tax | 75481 |
| 75482 | |
| 75483 | |
| section 5739.02 of the Revised Code, or, in the case of retail | 75484 |
| sales subject to a tax levied pursuant to section 5739.021, | 75485 |
| 5739.023, or 5739.026 of the Revised Code, a percentage equal to | 75486 |
| the aggregate rate of such taxes and the tax levied by section | 75487 |
| 5739.02 of the Revised Code of the receipts derived from all | 75488 |
| retail sales, except those to which the excise tax imposed by | 75489 |
| section 5739.02 of the Revised Code is made inapplicable by | 75490 |
| division (B) of that section. | 75491 |
| (B) For the purpose of this section, no vendor shall be | 75492 |
| required to maintain records of sales of food for human | 75493 |
| consumption off the premises where sold, and no assessment shall | 75494 |
| be made against any vendor for sales of food for human consumption | 75495 |
| off the premises where sold, solely because the vendor has no | 75496 |
| records of, or has inadequate records of, such sales; provided | 75497 |
| that where a vendor does not have adequate records of receipts | 75498 |
| from the vendor's sales of food for human consumption on the | 75499 |
| premises where sold, the tax commissioner may refuse to accept the | 75500 |
| vendor's return and, upon the basis of test checks of the vendor's | 75501 |
| business for a representative period, and other information | 75502 |
| relating to the sales made by such vendor, determine the | 75503 |
| proportion that taxable retail sales bear to all of the vendor's | 75504 |
| retail sales. The tax imposed by this section shall be determined | 75505 |
| by deducting from the sum representing five and one-half or six | 75506 |
| per cent, as applicable under division (A) of this section, or, in | 75507 |
| the case of retail sales subject to a tax levied pursuant to | 75508 |
| section 5739.021, 5739.023, or 5739.026 of the Revised Code, a | 75509 |
| percentage equal to the aggregate rate of such taxes and the tax | 75510 |
| levied by section 5739.02 of the Revised Code of the receipts from | 75511 |
| such retail sales, the amount of tax paid to the state or to a | 75512 |
| clerk of a court of common pleas. The section does not affect any | 75513 |
| duty of the vendor under sections 5739.01 to 5739.19 and 5739.26 | 75514 |
| to 5739.31 of the Revised Code, nor the liability of any consumer | 75515 |
| to pay any tax imposed by or pursuant to section 5739.02, | 75516 |
| 5739.021, 5739.023, or 5739.026 of the Revised Code. | 75517 |
| Sec. 5739.12. (A) Each person who has or is required to have | 75518 |
| a vendor's license, on or before the twenty-third day of each | 75519 |
| month, shall make and file a return for the preceding month, on | 75520 |
| forms prescribed by the tax commissioner, and shall pay the tax | 75521 |
| shown on the return to be due. The commissioner may require a | 75522 |
| vendor that operates from multiple locations or has multiple | 75523 |
| vendor's licenses to report all tax liabilities on one | 75524 |
| consolidated return. The return shall show the amount of tax due | 75525 |
| from the vendor to the state for the period covered by the return | 75526 |
| and such other information as the commissioner deems necessary for | 75527 |
| the proper administration of this chapter. The commissioner may | 75528 |
| extend the time for making and filing returns and paying the tax, | 75529 |
| and may require that the return for the last month of any annual | 75530 |
| or semiannual period, as determined by the commissioner, be a | 75531 |
| reconciliation return detailing the vendor's sales activity for | 75532 |
| the preceding annual or semiannual period. The reconciliation | 75533 |
| return shall be filed by the last day of the month following the | 75534 |
| last month of the annual or semiannual period. The commissioner | 75535 |
| may remit all or any part of amounts or penalties that may become | 75536 |
| due under this chapter and may adopt rules relating thereto. Such | 75537 |
| return shall be filed by mailing it to the tax commissioner, | 75538 |
| together with payment of the amount of tax shown to be due thereon | 75539 |
| after deduction of any discount provided for under this section. | 75540 |
| Remittance shall be made payable to the treasurer of state. The | 75541 |
| return shall be considered filed when received by the tax | 75542 |
| commissioner, and the payment shall be considered made when | 75543 |
| received by the tax commissioner or when credited to an account | 75544 |
| designated by the treasurer of state or the tax commissioner. | 75545 |
| (B) If the return is filed and the amount of tax shown | 75546 |
| thereon to be due is paid on or before the date such return is | 75547 |
| required to be
filed, the vendor
shall be entitled to | 75548 |
| 75549 |
| | 75550 |
| 75551 | |
| the return | 75552 |
| | 75553 |
| 75554 |
| A vendor that has selected a certified service provider as | 75555 |
| its agent shall not be entitled to the discount. Amounts paid to | 75556 |
| the clerk of courts pursuant to section 4505.06 of the Revised | 75557 |
| Code shall be subject to the applicable discount. The discount | 75558 |
| shall be in consideration for prompt payment to the clerk of | 75559 |
| courts and for other services performed by the vendor in the | 75560 |
| collection of the tax. | 75561 |
| (C)(1) Upon application to the commissioner, a vendor who is | 75562 |
| required to file monthly returns may be relieved of the | 75563 |
| requirement to report and pay the actual tax due, provided that | 75564 |
| the vendor agrees to remit to the tax commissioner payment of not | 75565 |
| less than an amount determined by the commissioner to be the | 75566 |
| average monthly tax liability of the vendor, based upon a review | 75567 |
| of the returns or other information pertaining to such vendor for | 75568 |
| a period of not less than six months nor more than two years | 75569 |
| immediately preceding the filing of the application. Vendors who | 75570 |
| agree to the above conditions shall make and file an annual or | 75571 |
| semiannual reconciliation return, as prescribed by the | 75572 |
| commissioner. The reconciliation return shall be filed by mailing | 75573 |
| or delivering it to the tax commissioner, together with payment of | 75574 |
| the amount of tax shown to be due thereon after deduction of any | 75575 |
| discount provided in this section. Remittance shall be made | 75576 |
| payable to the treasurer of state. Failure of a vendor to comply | 75577 |
| with any of the above conditions may result in immediate | 75578 |
| reinstatement of the requirement of reporting and paying the | 75579 |
| actual tax liability on each monthly return, and the commissioner | 75580 |
| may at the commissioner's discretion deny the vendor the right to | 75581 |
| report and pay based upon the average monthly liability for a | 75582 |
| period not to exceed two years. The amount ascertained by the | 75583 |
| commissioner to be the average monthly tax liability of a vendor | 75584 |
| may be adjusted, based upon a review of the returns or other | 75585 |
| information pertaining to the vendor for a period of not less than | 75586 |
| six months nor more than two years preceding such adjustment. | 75587 |
| (2) The commissioner may authorize vendors whose tax | 75588 |
| liability is not such as to merit monthly returns, as ascertained | 75589 |
| by the commissioner upon the basis of administrative costs to the | 75590 |
| state, to make and file returns at less frequent intervals. When | 75591 |
| returns are filed at less frequent intervals in accordance with | 75592 |
| such authorization, the vendor shall be allowed the discount | 75593 |
| provided in this section in consideration for prompt payment with | 75594 |
| the return, provided the return is filed together with payment of | 75595 |
| the amount of tax shown to be due thereon, at the time specified | 75596 |
| by the commissioner, but a vendor that has selected a certified | 75597 |
| service provider as its agent shall not be entitled to the | 75598 |
| discount. | 75599 |
| (D) Any vendor who fails to file a return or pay the full | 75600 |
| amount of the tax shown on the return to be due under this section | 75601 |
| and the rules of the commissioner may, for each such return the | 75602 |
| vendor fails to file or each such tax the vendor fails to pay in | 75603 |
| full as shown on the return within the period prescribed by this | 75604 |
| section and the rules of the commissioner, be required to forfeit | 75605 |
| and pay into the state treasury an additional charge not exceeding | 75606 |
| fifty dollars or ten per cent of the tax required to be paid for | 75607 |
| the reporting period, whichever is greater, as revenue arising | 75608 |
| from the tax imposed by this chapter, and such sum may be | 75609 |
| collected by assessment in the manner provided in section 5739.13 | 75610 |
| of the Revised Code. The commissioner may remit all or a portion | 75611 |
| of the additional charge and may adopt rules relating to the | 75612 |
| imposition and remission of the additional charge. | 75613 |
| (E) If the amount required to be collected by a vendor from | 75614 |
| consumers is in excess of the applicable percentage of the | 75615 |
| vendor's receipts from sales that are taxable under section | 75616 |
| 5739.02 of the Revised Code, or in the case of sales subject to a | 75617 |
| tax levied pursuant to section 5739.021, 5739.023, or 5739.026 of | 75618 |
| the Revised Code, in excess of the percentage equal to the | 75619 |
| aggregate rate of such taxes and the tax levied by section 5739.02 | 75620 |
| of the Revised Code, such excess shall be remitted along with the | 75621 |
| remittance of the amount of tax due under section 5739.10 of the | 75622 |
| Revised Code. | 75623 |
| (F) The commissioner, if the commissioner deems it necessary | 75624 |
| in order to insure the payment of the tax imposed by this chapter, | 75625 |
| may require returns and payments to be made for other than monthly | 75626 |
| periods. The returns shall be signed by the vendor or the vendor's | 75627 |
| authorized agent. | 75628 |
| (G) Any vendor required to file a return and pay the tax | 75629 |
| under this section, whose total payment equals or exceeds the | 75630 |
| amount shown in division (A) of section 5739.122 of the Revised | 75631 |
| Code, shall make each payment required by this section in the | 75632 |
| second ensuing and each succeeding year by electronic funds | 75633 |
| transfer as prescribed by, and on or before the dates specified | 75634 |
| in, section 5739.122 of the Revised Code, except as otherwise | 75635 |
| prescribed by that section. For a vendor that operates from | 75636 |
| multiple locations or has multiple vendor's licenses, in | 75637 |
| determining whether the vendor's total payment equals or exceeds | 75638 |
| the amount shown in division (A) of that section, the vendor's | 75639 |
| total payment amount shall be the amount of the vendor's total tax | 75640 |
| liability for the previous calendar year for all of the vendor's | 75641 |
| locations or licenses. | 75642 |
| Sec. 5739.16. (A) | 75643 |
| section, no assessment shall be made or issued against a vendor or | 75644 |
| consumer for any tax imposed by or pursuant to section 5739.02, | 75645 |
| 5739.021, 5739.023, 5739.026, or 5739.10 of the Revised Code more | 75646 |
| than four years after the return date for the period in which the | 75647 |
| sale or purchase was made, or more than four years after the | 75648 |
| return for such period is filed, whichever is later. A consumer | 75649 |
| who provides a fully completed exemption certificate pursuant to | 75650 |
| division (B) of section 5739.03 of the Revised Code may be | 75651 |
| assessed any tax imposed by or pursuant to section 5739.02, | 75652 |
| 5739.021, 5739.023, or 5739.026 of the Revised Code that results | 75653 |
| from denial of the claimed exemption within the later of a period | 75654 |
| otherwise allowed by this section or one year after the date the | 75655 |
| certificate was provided. This division does not bar an | 75656 |
| assessment: | 75657 |
| (1) When the tax commissioner has substantial evidence of | 75658 |
| amounts of taxes collected by a vendor from consumers on retail | 75659 |
| sales, which were not returned to the state; | 75660 |
| (2) When the vendor assessed failed to file a return as | 75661 |
| required by section 5739.12 of the Revised Code; | 75662 |
| (3) When the vendor or consumer and the commissioner waive in | 75663 |
| writing the time limitation. | 75664 |
| (B) No assessment shall be made or issued against a vendor or | 75665 |
| consumer for any tax imposed by or pursuant to section 5739.02, | 75666 |
| 5739.021, 5739.023, 5739.026, or 5739.10 of the Revised Code for | 75667 |
| any period during which there was in full force and effect a rule | 75668 |
| of the tax commissioner under or by virtue of which the collection | 75669 |
| or payment of any such tax was not required. This division does | 75670 |
| not bar an assessment when the tax commissioner has substantial | 75671 |
| evidence of amounts of taxes collected by a vendor from consumers | 75672 |
| on retail sales which were not returned to the state. | 75673 |
| (C) No assessment shall be made or issued against a person | 75674 |
| for any tax imposed pursuant to section 5739.101 of the Revised | 75675 |
| Code more than four years after the return date for the period in | 75676 |
| which the tax is imposed on the person's gross receipts, or more | 75677 |
| than four years after the return for such period is filed, | 75678 |
| whichever is later. This division does not bar an assessment when | 75679 |
| the person assessed failed to file a return as required under | 75680 |
| section 5739.102 of the Revised Code, or when the person and the | 75681 |
| commissioner waive in writing the time limitation. | 75682 |
| Sec. 5739.17. (A) No person shall engage in making retail | 75683 |
| sales subject to a tax imposed by or pursuant to section 5739.02, | 75684 |
| 5739.021, 5739.023, or 5739.026 of the Revised Code as a business | 75685 |
| without having a license therefor, except as otherwise provided in | 75686 |
| divisions (A)(1), (2), and (3) of this section. | 75687 |
| (1) In the dissolution of a partnership by death, the | 75688 |
| surviving partner may operate under the license of the partnership | 75689 |
| for a period of sixty days. | 75690 |
| (2) The heirs or legal representatives of deceased persons, | 75691 |
| and receivers and trustees in bankruptcy, appointed by any | 75692 |
| competent authority, may operate under the license of the person | 75693 |
| so succeeded in possession. | 75694 |
| (3) Two or more persons who are not partners may operate a | 75695 |
| single place of business under one license. In such case neither | 75696 |
| the retirement of any such person from business at that place of | 75697 |
| business, nor the entrance of any person, under an existing | 75698 |
| arrangement, shall affect the license or require the issuance of a | 75699 |
| new license, unless the person retiring from the business is the | 75700 |
| individual named on the vendor's license. | 75701 |
| Except as otherwise provided in this section, each applicant | 75702 |
| for a license shall make out and deliver to the county auditor of | 75703 |
| each county in which the applicant desires to engage in business, | 75704 |
| upon a blank to be furnished by such auditor for that purpose, a | 75705 |
| statement showing the name of the applicant, each place of | 75706 |
| business in the county where the applicant will make retail sales, | 75707 |
| the nature of the business, and any other information the tax | 75708 |
| commissioner reasonably prescribes in the form of a statement | 75709 |
| prescribed by the commissioner. | 75710 |
| At the time of making the application, the applicant shall | 75711 |
| pay into the county treasury a license fee in the sum of | 75712 |
| twenty-five dollars for each fixed place of business in the county | 75713 |
| that will be the situs of retail sales. Upon receipt of the | 75714 |
| application and exhibition of the county treasurer's receipt, | 75715 |
| showing the payment of the license fee, the county auditor shall | 75716 |
| issue to the applicant a license for each fixed place of business | 75717 |
| designated in the application, authorizing the applicant to engage | 75718 |
| in business at that location. If a vendor's identity changes, the | 75719 |
| vendor shall apply for a new license. If a vendor wishes to move | 75720 |
| an existing fixed place of business to a new location within the | 75721 |
| same county, the vendor shall obtain a new vendor's license or | 75722 |
| submit a request to the tax commissioner to transfer the existing | 75723 |
| vendor's license to the new location. When the new location has | 75724 |
| been verified as being within the same county, the commissioner | 75725 |
| shall authorize the transfer and notify the county auditor of the | 75726 |
| change of location. If a vendor wishes to move an existing fixed | 75727 |
| place of business to another county, the vendor's license shall | 75728 |
| not transfer and the vendor shall obtain a new vendor's license | 75729 |
| from the county in which the business is to be located. The form | 75730 |
| of the license shall be prescribed by the commissioner. The fees | 75731 |
| collected shall be credited to the general fund of the county. | 75732 |
| The tax commissioner may establish or participate in a | 75733 |
| registration system whereby any vendor may obtain a vendor's | 75734 |
| license by submitting to the commissioner a vendor's license | 75735 |
| application and a license fee of twenty-five dollars for each | 75736 |
| fixed place of business at which the vendor intends to make retail | 75737 |
| sales. Under this registration system, the commissioner shall | 75738 |
| issue a vendor's license to the applicant on behalf of the county | 75739 |
| auditor of the county in which the applicant desires to engage in | 75740 |
| business, and shall forward a copy of the application and license | 75741 |
| fee to that county. All such license fees received by the | 75742 |
| commissioner for the issuance of vendor's licenses shall be | 75743 |
| deposited into the vendor's license application fund, which is | 75744 |
| hereby created in the state treasury. The commissioner shall | 75745 |
| certify to the director of budget and management within ten | 75746 |
| business days after the close of a month the license fees to be | 75747 |
| transmitted to each county from the vendor's license application | 75748 |
| fund for vendor's license applications received by the | 75749 |
| commissioner during that month. License fees transmitted to a | 75750 |
| county for which payment was not received by the commissioner may | 75751 |
| be netted against a future distribution to that county, including | 75752 |
| distributions made pursuant to section 5739.21 of the Revised | 75753 |
| Code. | 75754 |
| A vendor that makes retail sales subject to tax under Chapter | 75755 |
| 5739. of the Revised Code pursuant to a permit issued by the | 75756 |
| division of liquor control shall obtain a vendor's license in the | 75757 |
| identical name and for the identical address as shown on the | 75758 |
| permit. | 75759 |
| Except as otherwise provided in this section, if a vendor has | 75760 |
| no fixed place of business and sells from a vehicle, each vehicle | 75761 |
| intended to be used within a county constitutes a place of | 75762 |
| business for the purpose of this section. | 75763 |
| (B) As used in this division, "transient vendor" means any | 75764 |
| person who makes sales of tangible personal property from vending | 75765 |
| machines located on land owned by others, who leases titled motor | 75766 |
| vehicles, titled watercraft, or titled outboard motors, who | 75767 |
| effectuates leases that are taxed according to division (A)(2) of | 75768 |
| section 5739.02 of the Revised Code, or who, in the usual course | 75769 |
| of the person's business, transports inventory, stock of goods, or | 75770 |
| similar tangible personal property to a temporary place of | 75771 |
| business or temporary exhibition, show, fair, flea market, or | 75772 |
| similar event in a county in which the person has no fixed place | 75773 |
| of business, for the purpose of making retail sales of such | 75774 |
| property. A "temporary place of business" means any public or | 75775 |
| quasi-public place including, but not limited to, a hotel, rooming | 75776 |
| house, storeroom, building, part of a building, tent, vacant lot, | 75777 |
| railroad car, or motor vehicle that is temporarily occupied for | 75778 |
| the purpose of making retail sales of goods to the public. A place | 75779 |
| of business is not temporary if the same person conducted business | 75780 |
| at the place continuously for more than six months or occupied the | 75781 |
| premises as the person's permanent residence for more than six | 75782 |
| months, or if the person intends it to be a fixed place of | 75783 |
| business. | 75784 |
| Any transient vendor, in lieu of obtaining a vendor's license | 75785 |
| under division (A) of this section for counties in which the | 75786 |
| transient vendor has no fixed place of business, may apply to the | 75787 |
| tax commissioner, on a form prescribed by the commissioner, for a | 75788 |
| transient vendor's license. The transient vendor's license | 75789 |
| authorizes the transient vendor to make retail sales in any county | 75790 |
| in which the transient vendor does not maintain a fixed place of | 75791 |
| business. Any holder of a transient vendor's license shall not be | 75792 |
| required to obtain a separate vendor's license from the county | 75793 |
| auditor in that county. Upon the commissioner's determination that | 75794 |
| an applicant is a transient vendor, the applicant shall pay a | 75795 |
| license fee in the amount of twenty-five dollars, at which time | 75796 |
| the tax commissioner shall issue the license. The tax commissioner | 75797 |
| may require a vendor to be licensed as a transient vendor if, in | 75798 |
| the opinion of the commissioner, such licensing is necessary for | 75799 |
| the efficient administration of the tax. | 75800 |
| Any holder of a valid transient vendor's license may make | 75801 |
| retail sales at a temporary place of business or temporary | 75802 |
| exhibition, show, fair, flea market, or similar event, held | 75803 |
| anywhere in the state without complying with any provision of | 75804 |
| section 311.37 of the Revised Code. Any holder of a valid vendor's | 75805 |
| license may make retail sales as a transient vendor at a temporary | 75806 |
| place of business or temporary exhibition, show, fair, flea | 75807 |
| market, or similar event held in any county in which the vendor | 75808 |
| maintains a fixed place of business for which the vendor holds a | 75809 |
| vendor's license without obtaining a transient vendor's license. | 75810 |
| (C) As used in this division, "service vendor" means any | 75811 |
| person who, in the usual course of the person's business, sells | 75812 |
| services described in division (B)(3)(e), (f), (g), (h), (i), (j), | 75813 |
|
(k), (l), (m), | 75814 |
| Code. | 75815 |
| Every service vendor shall make application to the tax | 75816 |
| commissioner for a service vendor's license. Each applicant shall | 75817 |
| pay a license fee in the amount of twenty-five dollars. Upon the | 75818 |
| commissioner's determination that an applicant is a service vendor | 75819 |
| and payment of the fee, the commissioner shall issue the applicant | 75820 |
| a service vendor's license. | 75821 |
| Only sales described in division (B)(3)(e), (f), (g), (h), | 75822 |
|
(i), (j), (k), (l), (m), | 75823 |
| the Revised Code may be made under authority of a service vendor's | 75824 |
| license, and that license authorizes sales to be made at any place | 75825 |
| in this state. Any service vendor who makes sales of other | 75826 |
| services or tangible personal property subject to the sales tax | 75827 |
| also shall be licensed under division (A), (B), or (D) of this | 75828 |
| section. | 75829 |
| (D) As used in this division, "delivery vendor" means any | 75830 |
| vendor who engages in one or more of the activities described in | 75831 |
| divisions (D)(1) to (4) of this section, and who maintains no | 75832 |
| store, showroom, or similar fixed place of business or other | 75833 |
| location where merchandise regularly is offered for sale or | 75834 |
| displayed or shown in catalogs for selection or pick-up by | 75835 |
| consumers, or where consumers bring goods for repair or other | 75836 |
| service. | 75837 |
| (1) The vendor makes retail sales of tangible personal | 75838 |
| property; | 75839 |
| (2) The vendor rents or leases, at retail, tangible personal | 75840 |
| property, except titled motor vehicles, titled watercraft, or | 75841 |
| titled outboard motors; | 75842 |
| (3) The vendor provides a service, at retail, described in | 75843 |
| division (B)(3)(a), (b), (c), or (d) of section 5739.01 of the | 75844 |
| Revised Code; or | 75845 |
| (4) The vendor makes retail sales of warranty, maintenance or | 75846 |
| service contracts, or similar agreements as described in division | 75847 |
| (B)(7) of section 5739.01 of the Revised Code. | 75848 |
| A transient vendor or a seller registered pursuant to section | 75849 |
| 5741.17 of the Revised Code is not a delivery vendor. | 75850 |
| Delivery vendors shall apply to the tax commissioner, on a | 75851 |
| form prescribed by the commissioner, for a delivery vendor's | 75852 |
| license. Each applicant shall pay a license fee of twenty-five | 75853 |
| dollars for each delivery vendor's license, to be credited to the | 75854 |
| general revenue fund. Upon the commissioner's determination that | 75855 |
| the applicant is a delivery vendor, the commissioner shall issue | 75856 |
| the license. A delivery vendor's license authorizes retail sales | 75857 |
| to be made throughout the state. All sales of the vendor must be | 75858 |
| reported under the delivery license. The commissioner may require | 75859 |
| a vendor to be licensed as a delivery vendor if, in the opinion of | 75860 |
| the commissioner, such licensing is necessary for the efficient | 75861 |
| administration of the tax. The commissioner shall not issue a | 75862 |
| delivery vendor license to a vendor who holds a license issued | 75863 |
| under division (A) of this section. | 75864 |
| (E) Any transient vendor who is issued a license pursuant to | 75865 |
| this section shall display the license or a copy of it | 75866 |
| prominently, in plain view, at every place of business of the | 75867 |
| transient vendor. Every owner, organizer, or promoter who operates | 75868 |
| a fair, flea market, show, exhibition, convention, or similar | 75869 |
| event at which transient vendors are present shall keep a | 75870 |
| comprehensive record of all such vendors, listing the vendor's | 75871 |
| name, permanent address, vendor's license number, and the type of | 75872 |
| goods sold. Such records shall be kept for four years and shall be | 75873 |
| open to inspection by the tax commissioner. | 75874 |
| Sec. 5739.36. (A) For the purpose of tracking the growth and | 75875 |
| overall economic impact of the travel and tourism industry in this | 75876 |
| state, the tax commissioner shall prepare a report summarizing the | 75877 |
| amount of tax revenue collected during each calendar quarter by | 75878 |
| vendors in the travel and tourism industry from the tax levied | 75879 |
| under section 5739.02 of the Revised Code; the taxes levied by | 75880 |
| counties under sections 5739.021, 5739.026, and 5739.09 of the | 75881 |
| Revised Code; and the tax levied by transit authorities under | 75882 |
| section 5739.023 of the Revised Code. | 75883 |
| (B) The quarterly reports required under this section shall | 75884 |
| summarize sales tax collections associated with the travel and | 75885 |
| tourism industry, which includes, but is not limited to: | 75886 |
| (1) Sales made by bars and restaurants; | 75887 |
| (2) Transactions by which lodging by a hotel, motel, or bed | 75888 |
| and breakfast is provided; | 75889 |
| (3) Transactions by which campground facilities are provided; | 75890 |
| (4) Sales made by truck rental and leasing businesses; | 75891 |
| (5) Sales made by passenger car rental and leasing | 75892 |
| businesses; | 75893 |
| (6) Sales made by utility trailer or recreational vehicle | 75894 |
| rental and leasing businesses; | 75895 |
| (7) Transactions by which transportation services are | 75896 |
| provided; | 75897 |
| (8) Sales associated with sporting events; | 75898 |
| (9) Sales associated with amusement and theme parks; | 75899 |
| (10) Sales associated with museums, concerts, and the | 75900 |
| performing arts; | 75901 |
| (11) Transactions by which boats or canoes are rented; | 75902 |
| (12) Transactions by which scenic and sightseeing tours are | 75903 |
| provided; | 75904 |
| (13) Transactions by which travel planning services are | 75905 |
| provided; | 75906 |
| (14) Transactions by which physical fitness facility services | 75907 |
| or recreation and sports club services are provided; | 75908 |
| (15) Sales associated with zoos and botanical gardens; | 75909 |
| (16) Sales associated with historical sites; | 75910 |
| (17) Sales associated with nature parks and conservatories; | 75911 |
| and | 75912 |
| (18) Transactions by which motor vehicle parking services are | 75913 |
| provided. | 75914 |
| (C) In preparing the quarterly reports, the commissioner | 75915 |
| shall place sales associated with the travel and tourism industry | 75916 |
| into categories, which shall be similar to those set forth in | 75917 |
| division (B) of this section and which shall be based upon | 75918 |
| industry codes established under the North American industry | 75919 |
| classification system. Each report shall itemize the amount of | 75920 |
| revenue collected during the quarter with respect to each category | 75921 |
| of sales. For each category of sales, the report shall itemize the | 75922 |
| amount of revenue attributable to taxes levied by counties under | 75923 |
| sections 5739.021, 5739.026, and 5739.09 of the Revised Code and | 75924 |
| the amount attributable to the tax levied by transit authorities | 75925 |
| under section 5739.023 of the Revised Code. The report also shall | 75926 |
| provide cumulative totals across all categories of sales and | 75927 |
| across all taxing jurisdictions. The report shall include a | 75928 |
| narrative description of how sales tax collections during the | 75929 |
| calendar quarter covered by the report differ from sales tax | 75930 |
| collections during the immediately preceding calendar quarter. | 75931 |
| (D) Beginning January 1, 2006, and on the first day of each | 75932 |
| calendar quarter thereafter, the commissioner shall file the | 75933 |
| report required under this section summarizing sales tax | 75934 |
| collections for the second preceding calendar quarter. The | 75935 |
| commissioner shall file a copy of the report with the governor, | 75936 |
| the president of the senate, the speaker of the house of | 75937 |
| representatives, and the legislative service commission. A copy of | 75938 |
| the commissioner's most recent quarterly report shall be made | 75939 |
| available to the public through the department of taxation's | 75940 |
| official internet web site. | 75941 |
| (E) The commissioner shall adopt rules necessary to | 75942 |
| administer this section, including rules establishing: | 75943 |
| (1) The types of sales that, in addition to those specified | 75944 |
| in division (B) of this section, are sufficiently related to the | 75945 |
| travel and tourism industry to warrant inclusion in the | 75946 |
| commissioner's quarterly reports; and | 75947 |
| (2) Categories of sales under division (C) of this section. | 75948 |
| Sec. 5739.99. (A) Whoever violates section 5739.26 or | 75949 |
|
5739.29 of the Revised Code | 75950 |
| 75951 | |
| 75952 | |
| person previously has been convicted of any offense | 75953 |
| Title LVII of the Revised Code, the person | 75954 |
| 75955 | |
| 75956 | |
| 75957 | |
| 75958 | |
| 75959 | |
| third degree. | 75960 |
| (B) Whoever violates division (A) of section 5739.30 of the | 75961 |
|
Revised Code | 75962 |
| 75963 | |
| 75964 |
| (C)(1) Whoever violates division (A)(1) of section 5739.31 of | 75965 |
| the Revised Code | 75966 |
| 75967 | |
| 75968 | |
| 75969 | |
| LVII of the Revised Code,
the | 75970 |
| misdemeanor of the first degree. If the person previously has been | 75971 |
| convicted more than once of any offense under Title LVII of the | 75972 |
| Revised Code, the person is guilty of a
felony
of the | 75973 |
| degree. | 75974 |
| (2) Whoever violates division (A)(2) of section 5739.31 of | 75975 |
|
the Revised Code | 75976 |
| 75977 | |
| 75978 | |
| is guilty of a minor misdemeanor. If the person previously has | 75979 |
| been convicted once of any offense under Title LVII of the Revised | 75980 |
| Code, | 75981 |
| 75982 | |
| 75983 | |
| misdemeanor of the first degree. If the person previously has been | 75984 |
| convicted more than once of any offense under Title LVII of the | 75985 |
| Revised Code, the person is guilty of a felony of the fourth | 75986 |
| degree. The motor vehicles and goods of any person charged with | 75987 |
| violating division (A)(2) of section 5739.31 of the Revised Code | 75988 |
| may be impounded and held pending the disposition of the charge, | 75989 |
| and may be sold at auction by the county sheriff in the manner | 75990 |
| prescribed by law to satisfy any fine imposed by this division. | 75991 |
| (3) Whoever violates division (B) of section 5739.31 of the | 75992 |
| Revised Code is guilty of a misdemeanor of the first degree. If | 75993 |
| the person previously has been convicted of any offense under | 75994 |
| Title LVII of the Revised Code, the person is guilty of a felony | 75995 |
| of the fourth degree. Each day that business is conducted while a | 75996 |
| vendor's license is suspended constitutes a separate offense. | 75997 |
| (D) Except as otherwise provided in this section, whoever | 75998 |
| violates sections 5739.01 to 5739.31 of the Revised Code, or any | 75999 |
| lawful rule promulgated by the department of taxation under | 76000 |
|
authority of such sections, | 76001 |
| 76002 | |
| misdemeanor. If the person previously has been convicted of any | 76003 |
| offense under Title LVII of the Revised Code, the person is guilty | 76004 |
| of a misdemeanor of the first degree. | 76005 |
| (E) Whoever violates section 5739.12 of the Revised Code by | 76006 |
| failing to remit to the state the tax collected under section | 76007 |
| 5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code is | 76008 |
| guilty of a misdemeanor of the first degree if the amount of | 76009 |
| collected tax the offender failed to remit is less than five | 76010 |
| hundred dollars and is
guilty of a felony of the fourth degree | 76011 |
| 76012 | |
| is five hundred dollars or more. In either case, the person may | 76013 |
| suffer the loss of the person's vendor's license as required by | 76014 |
| section 5739.17 of the Revised Code. A person who suffers the loss | 76015 |
| of a vendor's license as the result of a conviction under division | 76016 |
| (E) of this section shall not be eligible for a vendor's license | 76017 |
| for two years following the conviction. | 76018 |
| (F) Whoever violates division (E) of section 5739.17 of the | 76019 |
| Revised Code is guilty of failure to display a transient vendor's | 76020 |
| license, a minor misdemeanor. A sheriff or police officer in a | 76021 |
| municipal corporation may enforce this division. The prosecuting | 76022 |
| attorney of a county shall inform the tax commissioner of any | 76023 |
| instance when a complaint is brought against a transient vendor | 76024 |
| pursuant to this division. | 76025 |
| (G) Whoever violates section 5739.103 of the Revised Code | 76026 |
| 76027 | |
| 76028 | |
| previously has been convicted once
of
| 76029 |
| offense under Title LVII of the Revised Code,
the | 76030 |
| is guilty of a misdemeanor of the first degree. If the person | 76031 |
| previously has been convicted more than once of any offense under | 76032 |
| Title LVII of the Revised Code, the person is guilty of a felony | 76033 |
|
of
the
| 76034 |
| (H) The penalties provided in this section are in addition to | 76035 |
| any penalties imposed by the tax commissioner under section | 76036 |
| 5739.133 of the Revised Code. | 76037 |
| Sec. 5741.02. (A)(1) For the use of the general revenue fund | 76038 |
| of the state, an excise tax is hereby levied on the storage, use, | 76039 |
| or other consumption in this state of tangible personal property | 76040 |
| or the benefit realized in this state of any service provided. The | 76041 |
| tax shall be collected as provided in section 5739.025 of the | 76042 |
| Revised Code, provided that on and after July 1, 2003, and on or | 76043 |
| before June 30, 2005, the rate of the tax shall be six per cent. | 76044 |
| On and after July 1, 2005, the rate of the tax shall be five and | 76045 |
| one-half per cent. | 76046 |
| (2) In the case of the lease or rental, with a fixed term of | 76047 |
| more than thirty days or an indefinite term with a minimum period | 76048 |
| of more than thirty days, of any motor vehicles designed by the | 76049 |
| manufacturer to carry a load of not more than one ton, watercraft, | 76050 |
| outboard motor, or aircraft, or of any tangible personal property, | 76051 |
| other than motor vehicles designed by the manufacturer to carry a | 76052 |
| load of more than one ton, to be used by the lessee or renter | 76053 |
| primarily for business purposes, the tax shall be collected by the | 76054 |
| seller at the time the lease or rental is consummated and shall be | 76055 |
| calculated by the seller on the basis of the total amount to be | 76056 |
| paid by the lessee or renter under the lease or rental agreement. | 76057 |
| If the total amount of the consideration for the lease or rental | 76058 |
| includes amounts that are not calculated at the time the lease or | 76059 |
| rental is executed, the tax shall be calculated and collected by | 76060 |
| the seller at the time such amounts are billed to the lessee or | 76061 |
| renter. In the case of an open-end lease or rental, the tax shall | 76062 |
| be calculated by the seller on the basis of the total amount to be | 76063 |
| paid during the initial fixed term of the lease or rental, and for | 76064 |
| each subsequent renewal period as it comes due. As used in this | 76065 |
| division, "motor vehicle" has the same meaning as in section | 76066 |
| 4501.01 of the Revised Code, and "watercraft" includes an outdrive | 76067 |
| unit attached to the watercraft. | 76068 |
| (3) Except as provided in division (A)(2) of this section, in | 76069 |
| the case of a transaction, the price of which consists in whole or | 76070 |
| part of the lease or rental of tangible personal property, the tax | 76071 |
| shall be measured by the installments of those leases or rentals. | 76072 |
| (B) Each consumer, storing, using, or otherwise consuming in | 76073 |
| this state tangible personal property or realizing in this state | 76074 |
| the benefit of any service provided, shall be liable for the tax, | 76075 |
| and such liability shall not be extinguished until the tax has | 76076 |
| been paid to this state; provided, that the consumer shall be | 76077 |
| relieved from further liability for the tax if the tax has been | 76078 |
| paid to a seller in accordance with section 5741.04 of the Revised | 76079 |
| Code or prepaid by the seller in accordance with section 5741.06 | 76080 |
| of the Revised Code. | 76081 |
| (C) The tax does not apply to the storage, use, or | 76082 |
| consumption in this state of the following described tangible | 76083 |
| personal property or services, nor to the storage, use, or | 76084 |
| consumption or benefit in this state of tangible personal property | 76085 |
| or services purchased under the following described circumstances: | 76086 |
| (1) When the sale of property or service in this state is | 76087 |
| subject to the excise tax imposed by sections 5739.01 to 5739.31 | 76088 |
| of the Revised Code, provided said tax has been paid; | 76089 |
| (2) Except as provided in division (D) of this section, | 76090 |
| tangible personal property or services, the acquisition of which, | 76091 |
| if made in Ohio, would be a sale not subject to the tax imposed by | 76092 |
| sections 5739.01 to 5739.31 of the Revised Code; | 76093 |
| (3) Property or services, the storage, use, or other | 76094 |
| consumption of or benefit from which this state is prohibited from | 76095 |
| taxing by the Constitution of the United States, laws of the | 76096 |
| United States, or the Constitution of this state. This exemption | 76097 |
| shall not exempt from the application of the tax imposed by this | 76098 |
| section the storage, use, or consumption of tangible personal | 76099 |
| property that was purchased in interstate commerce, but that has | 76100 |
| come to rest in this state, provided that fuel to be used or | 76101 |
| transported in carrying on interstate commerce that is stopped | 76102 |
| within this state pending transfer from one conveyance to another | 76103 |
| is exempt from the excise tax imposed by this section and section | 76104 |
| 5739.02 of the Revised Code; | 76105 |
| (4) Transient use of tangible personal property in this state | 76106 |
| by a nonresident tourist or vacationer, or a non-business use | 76107 |
| within this state by a nonresident of this state, if the property | 76108 |
| so used was purchased outside this state for use outside this | 76109 |
| state and is not required to be registered or licensed under the | 76110 |
| laws of this state; | 76111 |
| (5) Tangible personal property or services rendered, upon | 76112 |
| which taxes have been paid to another jurisdiction to the extent | 76113 |
| of the amount of the tax paid to such other jurisdiction. Where | 76114 |
| the amount of the tax imposed by this section and imposed pursuant | 76115 |
| to section 5741.021, 5741.022, or 5741.023 of the Revised Code | 76116 |
| exceeds the amount paid to another jurisdiction, the difference | 76117 |
| shall be allocated between the tax imposed by this section and any | 76118 |
| tax imposed by a county or a transit authority pursuant to section | 76119 |
| 5741.021, 5741.022, or 5741.023 of the Revised Code, in proportion | 76120 |
| to the respective rates of such taxes. | 76121 |
| As used in this subdivision, "taxes paid to another | 76122 |
| jurisdiction" means the total amount of retail sales or use tax or | 76123 |
| similar tax based upon the sale, purchase, or use of tangible | 76124 |
| personal property or services rendered legally, levied by and paid | 76125 |
| to another state or political subdivision thereof, or to the | 76126 |
| District of Columbia, where the payment of such tax does not | 76127 |
| entitle the taxpayer to any refund or credit for such payment. | 76128 |
| (6) The transfer of a used manufactured home or used mobile | 76129 |
| home, as defined by section 5739.0210 of the Revised Code, made on | 76130 |
| or after January 1, 2000; | 76131 |
| (7) Drugs that are or are intended to be distributed free of | 76132 |
| charge to a practitioner licensed to prescribe, dispense, and | 76133 |
| administer drugs to a human being in the course of a professional | 76134 |
| practice and that by law may be dispensed only by or upon the | 76135 |
| order of such a practitioner. | 76136 |
| (8) Computer equipment and related software leased from a | 76137 |
| lessor located outside this state and initially received in this | 76138 |
| state on behalf of the consumer by a third party that will retain | 76139 |
| possession of such property for not more than ninety days and that | 76140 |
| will, within that ninety-day period, deliver such property to the | 76141 |
| consumer at a location outside this state. Division (C)(8) of this | 76142 |
| section does not provide exemption from taxation for any otherwise | 76143 |
| taxable charges associated with such property while it is in this | 76144 |
| state or for any subsequent storage, use, or consumption of such | 76145 |
| property in this state by or on behalf of the consumer. | 76146 |
| (D) The tax applies to the storage, use, or other consumption | 76147 |
| in this state of tangible personal property or services, the | 76148 |
| acquisition of which at the time of sale was excepted under | 76149 |
| division (E) of section 5739.01 of the Revised Code from the tax | 76150 |
| imposed by section 5739.02 of the Revised Code, but which has | 76151 |
| subsequently been temporarily or permanently stored, used, or | 76152 |
| otherwise consumed in a taxable manner. | 76153 |
| (E)(1)(a) If any transaction is claimed to be exempt under | 76154 |
| division (E) of section 5739.01 of the Revised Code or under | 76155 |
| section 5739.02 of the Revised Code, with the exception of | 76156 |
| divisions (B)(1) to (11) or (28) of section 5739.02 of the Revised | 76157 |
| Code, the consumer shall provide to the seller, and the seller | 76158 |
| shall obtain from the consumer, a certificate specifying the | 76159 |
| reason that the transaction is not subject to the tax. The | 76160 |
| certificate shall be in such form, and shall be provided either in | 76161 |
| a hard copy form or
electronic form, as | 76162 |
| commissioner prescribes. | 76163 |
| 76164 | |
| 76165 | |
| 76166 | |
| 76167 | |
| 76168 | |
| 76169 | |
| 76170 | |
| 76171 | |
| 76172 | |
| 76173 |
| | 76174 |
| certificate from a consumer is relieved of liability for | 76175 |
| collecting and remitting tax on any sale covered by that | 76176 |
| certificate. If it is determined the exemption was improperly | 76177 |
| claimed, the consumer shall be liable for any tax due on that sale | 76178 |
| under this chapter. Relief under this division from liability does | 76179 |
| not apply to any of the following: | 76180 |
| (i) A seller that fraudulently fails to collect tax; | 76181 |
| (ii) A seller that solicits consumers to participate in the | 76182 |
| unlawful claim of an exemption; | 76183 |
| (iii) A seller that accepts an exemption certificate from a | 76184 |
| consumer that claims an exemption based on who purchases or who | 76185 |
| sells property or a service, when the subject of the transaction | 76186 |
| sought to be covered by the exemption certificate is actually | 76187 |
| received by the consumer at a location operated by the seller in | 76188 |
| this state, and this state has posted to its web site an exemption | 76189 |
| certificate form that clearly and affirmatively indicates that the | 76190 |
| claimed exemption is not available in this state; | 76191 |
| (iv) A seller that accepts an exemption certificate from a | 76192 |
| consumer who claims a multiple points of use exemption under | 76193 |
| division (B) of section 5739.033 of the Revised Code, if the item | 76194 |
| purchased is tangible personal property, other than prewritten | 76195 |
| computer software. | 76196 |
| (2) The seller shall maintain records, including exemption | 76197 |
| certificates, of all sales on which a consumer has claimed an | 76198 |
| exemption, and provide them to the tax commissioner on request. | 76199 |
| (3) If no
certificate is
provided or obtained
within | 76200 |
| 76201 | |
| the date on which the transaction is consummated, it shall be | 76202 |
|
presumed that the tax
applies. | 76203 |
|
provided
or obtained a
certificate shall not preclude a seller | 76204 |
| 76205 | |
| 76206 | |
| 76207 | |
| either establishing that the transaction is not subject to the | 76208 |
| tax, or obtaining, in good faith, a fully completed exemption | 76209 |
| certificate. | 76210 |
| (4) If a transaction is claimed to be exempt under division | 76211 |
| (B)(13) of section 5739.02 of the Revised Code, the contractor | 76212 |
| shall obtain certification of the claimed exemption from the | 76213 |
| contractee. This certification shall be in addition to an | 76214 |
| exemption certificate provided by the contractor to the seller. A | 76215 |
| contractee that provides a certification under this division shall | 76216 |
| be deemed to be the consumer of all items purchased by the | 76217 |
| contractor under the claim of exemption, if it is subsequently | 76218 |
| determined that the exemption is not properly claimed. The | 76219 |
| certification shall be in such form as the tax commissioner | 76220 |
| prescribes. | 76221 |
| (F) A seller who files a petition for reassessment contesting | 76222 |
| the assessment of tax on transactions for which the seller | 76223 |
| obtained no valid exemption certificates, and for which the seller | 76224 |
| failed to establish that the transactions were not subject to the | 76225 |
| tax during the one-hundred-twenty-day period allowed under | 76226 |
| division (E) of this section, may present to the tax commissioner | 76227 |
| additional evidence to prove that the transactions were exempt. | 76228 |
| The seller shall file such evidence within ninety days of the | 76229 |
| receipt by the seller of the notice of assessment, except that, | 76230 |
| upon application and for reasonable cause, the tax commissioner | 76231 |
| may extend the period for submitting such evidence thirty days. | 76232 |
| (G) For the purpose of the proper administration of sections | 76233 |
| 5741.01 to 5741.22 of the Revised Code, and to prevent the evasion | 76234 |
| of the tax hereby levied, it shall be presumed that any use, | 76235 |
| storage, or other consumption of tangible personal property in | 76236 |
| this state is subject to the tax until the contrary is | 76237 |
| established. | 76238 |
| (H) The tax collected by the seller from the consumer under | 76239 |
| this chapter is not part of the price, but is a tax collection for | 76240 |
| the benefit of the state, and of counties levying an additional | 76241 |
| use tax pursuant to section 5741.021 or 5741.023 of the Revised | 76242 |
| Code and of transit authorities levying an additional use tax | 76243 |
| pursuant to section 5741.022 of the Revised Code. Except for the | 76244 |
| discount authorized under section 5741.12 of the Revised Code and | 76245 |
| the effects of any rounding pursuant to section 5703.055 of the | 76246 |
| Revised Code, no person other than the state or such a county or | 76247 |
| transit authority shall derive any benefit from the collection of | 76248 |
| such tax. | 76249 |
| Sec. 5741.16. | 76250 |
| (C) of this section, no assessment shall be made or issued against | 76251 |
| a seller or consumer for any tax imposed by or pursuant to section | 76252 |
| 5741.02, 5741.021, 5741.022, or 5741.023 of the Revised Code more | 76253 |
| than four years after the return date for the period in which the | 76254 |
| sale or purchase was made, or more than four years after the | 76255 |
| return for such period was filed, whichever date is
later. | 76256 |
| (B) A consumer who provides a fully completed exemption | 76257 |
| certificate pursuant to division (B) of section 5739.03 or | 76258 |
| division (E) of section 5741.02 of the Revised Code may be | 76259 |
| assessed any tax imposed by or pursuant to section 5741.02, | 76260 |
| 5741.021, 5741.022, or 5741.023 of the Revised Code that results | 76261 |
| from denial of the claimed exemption within the later of a period | 76262 |
| allowed by division (A) of this section or one year after the date | 76263 |
| the certificate was provided. | 76264 |
| (C) This section does not bar an assessment: | 76265 |
| | 76266 |
| amounts of taxes collected by a seller from consumers on | 76267 |
| purchases, which were not returned to the state by direct | 76268 |
| remittance; | 76269 |
| | 76270 |
| required by section 5741.12 of the Revised Code; | 76271 |
| | 76272 |
| 76273 |
| Sec. 5741.99. (A) Whoever violates section 5741.19 or | 76274 |
|
5741.21 of the Revised Code | 76275 |
| 76276 | |
| 76277 | |
| person previously has been convicted once of any offense | 76278 |
| under Title LVII of the Revised Code, the person | 76279 |
| 76280 | |
| 76281 | |
| 76282 | |
| 76283 | |
| 76284 | |
| first degree. If the person previously has been convicted more | 76285 |
| than once of any offense under Title LVII of the Revised Code, the | 76286 |
| person is guilty of a felony of the fourth degree. | 76287 |
| (B) Whoever violates section 5741.22 of the Revised Code | 76288 |
| 76289 | |
| misdemeanor of the third degree. | 76290 |
| (C) Whoever violates any provision of sections 5741.01 to | 76291 |
| 5741.22 | 76292 |
| regulation promulgated by the department of taxation under | 76293 |
| authority of said sections, for the violation of which no penalty | 76294 |
| is provided
elsewhere, | 76295 |
| 76296 | |
| misdemeanor. If the person previously has been convicted of any | 76297 |
| offense under Title LVII of the Revised Code, the person is guilty | 76298 |
| of a misdemeanor of the first degree. | 76299 |
| Sec. 5743.01. As used in this chapter: | 76300 |
| (A) "Person" includes individuals, firms, partnerships, | 76301 |
| associations, joint-stock companies, corporations, combinations of | 76302 |
| individuals of any form, and the state and any of its political | 76303 |
| subdivisions. | 76304 |
| (B) "Wholesale dealer" includes only those persons: | 76305 |
| (1) Who bring in or cause to be brought into this state | 76306 |
| unstamped cigarettes purchased directly from the manufacturer, | 76307 |
| producer, or importer of cigarettes for sale in this state but | 76308 |
| does not include persons who bring in or cause to be brought into | 76309 |
| this state cigarettes with respect to which no evidence of tax | 76310 |
| payment is required thereon as provided in section 5743.04 of the | 76311 |
| Revised Code; or | 76312 |
| (2) Who are engaged in the business of selling cigarettes or | 76313 |
| tobacco products to others for the purpose of resale. | 76314 |
| "Wholesale dealer" does not include any cigarette | 76315 |
| manufacturer, export warehouse proprietor, or importer with a | 76316 |
| valid permit under 26 U.S.C. 5713 if that person sells cigarettes | 76317 |
| in this state only to wholesale dealers holding valid and current | 76318 |
| licenses under section 5743.15 of the Revised Code or to an export | 76319 |
| warehouse proprietor or another manufacturer. | 76320 |
| (C) "Retail dealer" includes: | 76321 |
| (1) In reference to dealers in cigarettes, every person other | 76322 |
| than a wholesale dealer engaged in the business of selling | 76323 |
|
cigarettes in this state, | 76324 |
| person is located in this state or elsewhere, and regardless of | 76325 |
| quantity, amount, or number of sales; | 76326 |
| (2) In reference to dealers in tobacco products, any person | 76327 |
| in this state engaged in the business of selling tobacco products | 76328 |
| to ultimate consumers in this state, regardless of quantity, | 76329 |
| amount, or number of sales. | 76330 |
| (D) "Sale" includes exchange, barter, gift, offer for sale, | 76331 |
| and distribution, and | 76332 |
| or foreign commerce. | 76333 |
| (E) "Cigarettes" includes any roll for smoking made wholly or | 76334 |
| in part of tobacco, irrespective of size or shape, and whether or | 76335 |
| not such tobacco is flavored, adulterated, or mixed with any other | 76336 |
| ingredient, the wrapper or cover of which is made of paper, | 76337 |
| reconstituted cigarette tobacco, homogenized cigarette tobacco, | 76338 |
| cigarette tobacco sheet, or any similar materials other than cigar | 76339 |
| tobacco. | 76340 |
| (F) "Package" means the individual package, box, or other | 76341 |
| container in or from which retail sales of cigarettes are normally | 76342 |
| made or intended to be made. | 76343 |
| (G) "Stamp" includes an impression made by a metering device | 76344 |
| as provided for in section 5743.04 of the Revised Code. | 76345 |
| (H) "Storage" includes any keeping or retention of cigarettes | 76346 |
| or tobacco products for use or consumption in this state. | 76347 |
| (I) "Use" includes the exercise of any right or power | 76348 |
| incidental to the ownership of cigarettes or tobacco products. | 76349 |
| (J) "Tobacco product" means any product made from tobacco, | 76350 |
| other than cigarettes, that is made for smoking or chewing, or | 76351 |
| both, and snuff. | 76352 |
| (K) "Wholesale price" means the invoice price, including all | 76353 |
| federal excise taxes, at which the manufacturer of the tobacco | 76354 |
| product sells the tobacco product to unaffiliated distributors, | 76355 |
| excluding any discounts based on the method of payment of the | 76356 |
| invoice or on time of payment of the invoice. If the taxpayer buys | 76357 |
| from other than a manufacturer, "wholesale price" means the | 76358 |
| invoice price, including all federal excise taxes and excluding | 76359 |
| any discounts based on the method of payment of the invoice or on | 76360 |
| time of payment of the invoice. | 76361 |
| (L) "Distributor" means: | 76362 |
| (1) Any manufacturer who sells, barters, exchanges, or | 76363 |
| distributes tobacco products to a retail dealer in the state, | 76364 |
| except when selling to a retail dealer that has filed with the | 76365 |
| manufacturer a signed statement agreeing to pay and be liable for | 76366 |
| the tax imposed by section 5743.51 of the Revised Code; | 76367 |
| (2) Any wholesale dealer located in the state who receives | 76368 |
| tobacco products from a manufacturer, or who receives tobacco | 76369 |
| products on which the tax imposed by this chapter has not been | 76370 |
| paid; | 76371 |
| (3) Any wholesale dealer located outside the state who sells, | 76372 |
| barters, exchanges, or distributes tobacco products to a wholesale | 76373 |
| or retail dealer in the state; or | 76374 |
| (4) Any retail dealer who receives tobacco products on which | 76375 |
| the tax has not or will not be paid by another distributor, | 76376 |
| including a retail dealer that has filed a signed statement with a | 76377 |
| manufacturer in which the retail dealer agrees to pay and be | 76378 |
| liable for the tax that would otherwise be imposed on the | 76379 |
| manufacturer by section 5743.51 of the Revised Code. | 76380 |
| (M) "Taxpayer" means any person liable for the tax imposed by | 76381 |
| section 5743.51, 5743.62, or 5743.63 of the Revised Code. | 76382 |
| (N) "Seller" means any person located outside this state | 76383 |
| engaged in the business of selling tobacco products to consumers | 76384 |
| for storage, use, or other consumption in this state. | 76385 |
| (O) "Manufacturer" means any person who manufactures and | 76386 |
| sells cigarettes or tobacco products. | 76387 |
| (P) "Importer" means any person that imports is authorized, | 76388 |
| under a valid permit issued under Section 5713 of the Internal | 76389 |
| Revenue Code, to import finished cigarettes into the United | 76390 |
| States, either directly or indirectly. | 76391 |
| Sec. 5743.02. To provide revenues for the general revenue | 76392 |
| fund, an excise tax on sales of cigarettes is hereby levied at the | 76393 |
|
rate of
| 76394 |
| each cigarette. | 76395 |
| Only one sale of the same article shall be used in computing | 76396 |
| the amount of tax due. | 76397 |
| The treasurer of state shall place to the credit of the tax | 76398 |
| refund fund created by section 5703.052 of the Revised Code, out | 76399 |
| of receipts from the tax levied by this section, amounts equal to | 76400 |
| the refunds certified by the tax commissioner pursuant to section | 76401 |
| 5743.05 of the Revised Code. The balance of taxes collected under | 76402 |
| such section, after the credits to the tax refund fund, shall be | 76403 |
| paid into the general revenue fund. | 76404 |
| Sec. 5743.03. (A) Except as provided in section 5743.04 of | 76405 |
| the Revised Code, the taxes imposed under sections 5743.02, | 76406 |
| 5743.024, and 5743.026 of the Revised Code shall be paid by the | 76407 |
| purchase of stamps. A stamp shall be affixed to each package of an | 76408 |
| aggregate denomination not less than the amount of the tax upon | 76409 |
| the contents thereof. The stamp, so affixed, shall be prima-facie | 76410 |
|
evidence of payment of the tax. | 76411 |
| Except as is provided in the rules prescribed by the tax | 76412 |
| commissioner under authority of sections 5743.01 to 5743.20 of the | 76413 |
| Revised Code, and
unless | 76414 |
| affixed, they shall be so affixed by each wholesale dealer, and | 76415 |
| canceled by writing or stamping across the face thereof the number | 76416 |
| assigned to such wholesale dealer by the tax commissioner for that | 76417 |
| purpose, prior to the delivery of any cigarettes to any person in | 76418 |
| this state, or in the case of a tax levied pursuant to section | 76419 |
| 5743.024 or 5743.026 of the Revised Code, prior to the delivery of | 76420 |
| cigarettes to any person in the county in which the tax is levied. | 76421 |
| (B) Except as provided in the rules prescribed by the | 76422 |
| commissioner under authority of sections 5743.01 to 5743.20 of the | 76423 |
|
Revised Code, | 76424 |
|
each retail dealer | 76425 |
| receipt of any cigarettes at the retail dealer's place of business | 76426 |
| 76427 | |
| ensure that tax stamps are affixed. The inspection shall be | 76428 |
| completed before the cigarettes are delivered to any person in | 76429 |
| this state, or, in the case of a tax levied pursuant to section | 76430 |
| 5743.024 or
5743.026 of the
Revised
Code | 76431 |
| 76432 | |
| county
in which the tax is levied | 76433 |
| 76434 | |
| 76435 | |
| 76436 |
| (C) Whenever any cigarettes are found in the place of | 76437 |
| business of any retail dealer without proper tax stamps affixed | 76438 |
| thereto and canceled, it is presumed that such cigarettes are kept | 76439 |
| therein in violation of sections 5743.01 to 5743.20 of the Revised | 76440 |
| Code. | 76441 |
| (D) Each wholesale dealer | 76442 |
| purchases cigarettes without proper tax stamps affixed thereto | 76443 |
| shall, on or before the thirty-first day of the month following | 76444 |
| the close of each semiannual period, which period shall end on the | 76445 |
| thirtieth day of June and the thirty-first day of December of each | 76446 |
| year, make and file a return of the preceding semiannual period, | 76447 |
| on such form as is prescribed by the tax commissioner, showing the | 76448 |
| dealer's entire purchases and sales of cigarettes and stamps or | 76449 |
| impressions for such semiannual period and accurate inventories as | 76450 |
| of the beginning and end of each semiannual period of cigarettes, | 76451 |
| stamped or unstamped; cigarette tax stamps affixed or unaffixed | 76452 |
| and unused meter impressions; and such other information as the | 76453 |
| commissioner finds necessary to the proper administration of | 76454 |
| sections 5743.01 to 5743.20 of the Revised Code. The commissioner | 76455 |
| may extend the time for making and filing returns and may remit | 76456 |
| all or any part of amounts of penalties that may become due under | 76457 |
|
sections 5743.01 to 5743.20 of the
Revised Code. The
wholesale | 76458 |
| 76459 | |
| of the tax deficiency reported thereon to the treasurer of state. | 76460 |
| The treasurer of state shall stamp or otherwise mark on the return | 76461 |
| the date it was received and shall also show thereon by stamp or | 76462 |
| otherwise a payment or nonpayment of the deficiency shown by the | 76463 |
| return. Thereafter, the treasurer of state shall immediately | 76464 |
| transmit all returns filed under this section to the commissioner. | 76465 |
| (E) Any wholesale | 76466 |
| under this section and the rules of the commissioner, other than a | 76467 |
| report required pursuant to division (F) of this section, may be | 76468 |
| required, for each day the dealer so fails, to forfeit and pay | 76469 |
| into the state treasury the sum of one dollar as revenue arising | 76470 |
| from the tax imposed by sections 5743.01 to 5743.20 of the Revised | 76471 |
| Code and such sum may be collected by assessment in the manner | 76472 |
| provided in section 5743.081 of the Revised Code. If the | 76473 |
| commissioner finds it necessary in order to insure the payment of | 76474 |
| the tax imposed by sections 5743.01 to 5743.20 of the Revised | 76475 |
| Code, the commissioner may require returns and payments to be made | 76476 |
| other than semiannually. The returns shall be signed by the | 76477 |
|
wholesale | 76478 |
| (F) Each person required to file a tax return under section | 76479 |
| 5743.03, 5743.52, or 5743.62 of the Revised Code shall report to | 76480 |
| the commissioner the quantity of all cigarettes and roll-your-own | 76481 |
| cigarette tobacco sold in Ohio for each brand not covered by the | 76482 |
| tobacco master settlement agreement for which the person is liable | 76483 |
| for the taxes levied under section 5743.02, 5743.51, or 5743.62 of | 76484 |
| the Revised Code. | 76485 |
| As used in this division, "tobacco master settlement | 76486 |
| agreement" has the same meaning as in section 183.01 of the | 76487 |
| Revised Code. | 76488 |
| (G) The report required by division (F) of this section shall | 76489 |
| be made on a form prescribed by the commissioner and shall be | 76490 |
| filed not later than the last day of each month for the previous | 76491 |
| month, except that if the commissioner determines that the | 76492 |
| quantity reported by a person does not warrant monthly reporting, | 76493 |
| the commissioner may authorize reporting at less frequent | 76494 |
| intervals. The commissioner may assess a penalty of not more than | 76495 |
| two hundred fifty dollars for each month or portion thereof that a | 76496 |
| person fails to timely file a required report, and such sum may be | 76497 |
| collected by assessment in the manner provided in section 5743.081 | 76498 |
| of the Revised Code. All money collected under this division shall | 76499 |
| be considered as revenue arising from the taxes imposed by | 76500 |
| sections 5743.01 to 5743.20 of the Revised Code. | 76501 |
| Sec. 5743.031. (A) A wholesale dealer may affix stamps only | 76502 |
| to packages of cigarettes that the dealer received directly from a | 76503 |
| manufacturer or importer of cigarettes that possesses a valid and | 76504 |
| current license under section 5743.15 of the Revised Code, or to | 76505 |
| packages of cigarettes that the dealer received from another | 76506 |
| wholesale dealer that possesses a valid and current license under | 76507 |
| section 5743.15 of the Revised Code, provided that the tax | 76508 |
| commissioner has authorized the sale of the cigarettes between | 76509 |
| those wholesale dealers and that the wholesale dealer that sells | 76510 |
| the cigarettes received them directly from a manufacturer or | 76511 |
| importer of cigarettes that possesses a valid and current license | 76512 |
| under section 5743.15 of the Revised Code. | 76513 |
| (B) Only a wholesale dealer that possesses a valid and | 76514 |
| current license under section 5743.15 of the Revised Code may | 76515 |
| purchase or obtain tax stamps. A wholesale dealer may not sell or | 76516 |
| provide such stamps to any other wholesale dealer or any other | 76517 |
| person. | 76518 |
| (C) Any person shipping unstamped packages of cigarettes into | 76519 |
| this state to a person other than a wholesale dealer licensed | 76520 |
| under section 5743.15 of the Revised Code shall, before such | 76521 |
| shipment, file notice of the shipment with the tax commissioner. | 76522 |
| Any person that transports unstamped packages of cigarettes into | 76523 |
| or within this state shall carry in the vehicle used to convey the | 76524 |
| shipment invoices or equivalent documentation of the shipment for | 76525 |
| all cigarettes in the shipment. The invoices or other | 76526 |
| documentation shall show the true name and address of the | 76527 |
| consignor or seller, the true name and address of the consignee or | 76528 |
| purchaser, and the quantity of the cigarettes being transported. | 76529 |
| This division does not apply to any common or contract carrier | 76530 |
| transporting cigarettes through this state to another location | 76531 |
| under a proper bill of lading or freight bill that states the | 76532 |
| quantity, source, and destination of the cigarettes. | 76533 |
| Sec. 5743.05. All stamps provided for by section 5743.03 of | 76534 |
| the Revised Code, when procured by the tax commissioner, shall be | 76535 |
| immediately delivered to the treasurer of state, who shall execute | 76536 |
| a receipt therefor showing the number and aggregate face value of | 76537 |
| each denomination received by the treasurer of state and any other | 76538 |
| information that the commissioner requires to enforce the | 76539 |
| collection and distribution of all taxes imposed under section | 76540 |
| 5743.024 or 5743.026 of the Revised Code, and deliver the receipt | 76541 |
| to the commissioner. The treasurer of state shall sell the stamps | 76542 |
| and, on the fifth day of each month, make a report showing all | 76543 |
| sales made during the preceding month, with the names of | 76544 |
| purchasers, the number of each denomination, the aggregate face | 76545 |
| value purchased by each, and any other information as the | 76546 |
| commissioner requires to enforce the collection and distribution | 76547 |
| of all taxes imposed under section 5743.024 of the Revised Code, | 76548 |
| and deliver it to the commissioner. The treasurer of state shall | 76549 |
| be accountable for all stamps received and unsold. The stamps | 76550 |
| shall be sold and accounted for at their face value, except the | 76551 |
| commissioner shall, by rule certified to the treasurer of state, | 76552 |
| authorize the sale of stamps and meter impressions to wholesale or | 76553 |
| retail dealers in this state, or to wholesale dealers outside this | 76554 |
| state, at a discount of not less than one and eight-tenths per | 76555 |
| cent or more than ten per cent of their face value, as a | 76556 |
| commission for affixing and canceling the stamps or meter | 76557 |
| impressions. | 76558 |
| The commissioner, by rule certified to the treasurer of | 76559 |
| state, shall authorize the delivery of stamps and meter | 76560 |
|
impressions to wholesale | 76561 |
| wholesale dealers outside this state on credit. If such a dealer | 76562 |
| has not been in good credit standing with this state for five | 76563 |
| consecutive years preceding the purchase, the tax commissioner | 76564 |
| shall require the dealer to file with the commissioner a bond to | 76565 |
| the state in the amount and in the form prescribed by the | 76566 |
| commissioner, with surety to the satisfaction of the commissioner, | 76567 |
| conditioned on payment to the treasurer of state within thirty | 76568 |
| days for stamps or meter impressions delivered within that time. | 76569 |
| If such a dealer has been in good credit standing with this state | 76570 |
| for five consecutive years preceding the purchase, the tax | 76571 |
| commissioner shall not require that the dealer file such a bond | 76572 |
| but shall require payment for the stamps and meter impressions | 76573 |
| within thirty days after purchase of the stamps and meter | 76574 |
| impressions. Stamps and meter impressions sold to a dealer not | 76575 |
| required to file a bond shall be sold at face value. The maximum | 76576 |
| amount that may be sold on credit to a dealer not required to file | 76577 |
| a bond shall equal one hundred ten per cent of the dealer's | 76578 |
| average monthly purchases over the preceding calendar year. The | 76579 |
| maximum amount shall be adjusted to reflect any changes in the tax | 76580 |
| rate and may be adjusted, upon application to the tax commissioner | 76581 |
| by the dealer, to reflect changes in the business operations of | 76582 |
| the dealer. The maximum amount shall be applicable to the period | 76583 |
| of July through April. Payment by a dealer not required to file a | 76584 |
| bond shall be remitted by electronic funds transfer as prescribed | 76585 |
| by section 5743.051 of the Revised Code. If a dealer not required | 76586 |
| to file a bond fails to make the payment in full within the | 76587 |
| thirty-day period, the treasurer of state shall not thereafter | 76588 |
| sell stamps or meter impressions to that dealer until the dealer | 76589 |
| pays the outstanding amount, including penalty and interest on | 76590 |
| that amount as prescribed in this chapter, and the commissioner | 76591 |
| thereafter may require the dealer to file a bond until the dealer | 76592 |
| is restored to good standing. The commissioner shall limit | 76593 |
| delivery of stamps and meter impressions on credit to the period | 76594 |
| running from the first day of July of the fiscal year until the | 76595 |
| first day of the following May. Any discount allowed as a | 76596 |
| commission for affixing and canceling stamps or meter impressions | 76597 |
| shall be allowed with respect to sales of stamps and meter | 76598 |
| impressions on credit. | 76599 |
| The treasurer of state shall redeem and pay for any | 76600 |
| destroyed, unused, or spoiled tax stamps and any unused meter | 76601 |
| impressions at their net value, and shall refund to wholesale | 76602 |
| dealers the net amount of state and county taxes paid erroneously | 76603 |
| or paid on cigarettes that have been sold in interstate or foreign | 76604 |
| commerce or that have become unsalable, and the net amount of | 76605 |
| county taxes that were paid on cigarettes that have been sold at | 76606 |
| retail or for retail sale outside a taxing county. | 76607 |
| An application for a refund of tax shall be filed with the | 76608 |
| tax commissioner, on the form prescribed by the commissioner for | 76609 |
| that purpose, within three years from the date the tax stamps are | 76610 |
| destroyed or spoiled, from the date of the erroneous payment, or | 76611 |
| from the date that cigarettes on which taxes have been paid have | 76612 |
| been sold in interstate or foreign commerce or have become | 76613 |
| unsalable. | 76614 |
| On the filing of the application, the commissioner shall | 76615 |
| determine the amount of refund to which the applicant is entitled, | 76616 |
| payable from receipts of the state tax, and, if applicable, | 76617 |
| payable from receipts of a county tax. If the amount is less than | 76618 |
| that claimed, the commissioner shall certify the amount to the | 76619 |
| director of budget and management and treasurer of state for | 76620 |
| payment from the tax refund fund created by section 5703.052 of | 76621 |
| the Revised Code. If the amount is less than that claimed, the | 76622 |
| commissioner shall proceed in accordance with section 5703.70 of | 76623 |
| the Revised Code. | 76624 |
| If a refund is granted for payment of an illegal or erroneous | 76625 |
| assessment issued by the department, the refund shall include | 76626 |
| interest on the amount of the refund from the date of the | 76627 |
| overpayment. The interest shall be computed at the rate per annum | 76628 |
| prescribed by section 5703.47 of the Revised Code. | 76629 |
| Sec. 5743.071. | 76630 |
| Every person shall maintain complete and accurate records of all | 76631 |
| purchases and sales of cigarettes, and shall procure and retain | 76632 |
| all invoices, bills of lading, and other documents relating to the | 76633 |
| purchases and sales of cigarettes, except that no retail dealer | 76634 |
|
shall be required to issue or maintain invoices relating to | 76635 |
| the retail dealer's sales of cigarettes. The invoices or documents | 76636 |
| shall be maintained for each place of business and shall show the | 76637 |
| name and address of the other party to the purchase or sale and | 76638 |
| shall show the quantity of the cigarettes so sold or purchased. | 76639 |
| The records and documents shall be open during business hours | 76640 |
| to the inspection of the tax commissioner, and shall be preserved | 76641 |
| for a period of three years, unless the commissioner, in writing, | 76642 |
| consents to their destruction within that period, or by order | 76643 |
| requires that they be kept for a longer period. With the tax | 76644 |
| commissioner's consent, a person with multiple places of business | 76645 |
| may keep centralized records but shall transmit duplicates of the | 76646 |
| invoices or documents to each place of business within seventy-two | 76647 |
| hours after the tax commissioner or the tax commissioner's | 76648 |
| designee requests access to the records. | 76649 |
| Sec. 5743.072. Each manufacturer and each importer shipping | 76650 |
| cigarettes into or within this state shall file a monthly report | 76651 |
| with the tax commissioner in accordance with rules adopted by the | 76652 |
| tax commissioner under Chapter 119. of the Revised Code. | 76653 |
| Sec. 5743.08. Whenever the tax commissioner discovers any | 76654 |
| cigarettes which are being shipped, or which have been shipped, or | 76655 |
| transported in violation of section 2927.023 of the Revised Code, | 76656 |
| or discovers cigarettes, subject to the taxes levied under section | 76657 |
| 5743.02, 5743.024, or 5743.026 of the Revised Code, and upon which | 76658 |
| the taxes have not been paid or that are held for sale or | 76659 |
| distribution in violation of any other provision of this chapter, | 76660 |
| the commissioner may seize and take possession of such cigarettes, | 76661 |
| which shall thereupon be forfeited to the state, and the | 76662 |
| commissioner | 76663 |
| destroy the
forfeited cigarettes. | 76664 |
| 76665 | |
| 76666 | |
| 76667 | |
| 76668 | |
| sells cigarettes under this section, the commissioner shall use | 76669 |
| proceeds from the sale to pay the costs incurred in the | 76670 |
| proceedings. Any proceeds remaining after all costs have been paid | 76671 |
| shall be considered revenue arising from the taxes levied under | 76672 |
| this chapter. Seizure and sale shall not be deemed to relieve any | 76673 |
| person from the fine or imprisonment provided for violation of | 76674 |
|
sections 5743.01 to 5743.20 of the
Revised Code. | 76675 |
| be made where it is most convenient and economical. The tax | 76676 |
| commissioner may order the destruction of the forfeited cigarettes | 76677 |
| if the quantity or quality of the cigarettes is not sufficient to | 76678 |
| warrant their sale. | 76679 |
| Sec. 5743.10. No | 76680 |
| person's
possession | 76681 |
| stamps required to be affixed thereto as required by Chapter 5743. | 76682 |
| of the Revised Code. | 76683 |
| Sec. 5743.111. No person shall possess
| 76684 |
| cigarettes not bearing the stamps required by Chapter 5743. of the | 76685 |
| Revised Code, or bearing stamps that have been affixed in | 76686 |
| violation of section 5743.21 of the Revised Code, when the | 76687 |
| 76688 | |
| 76689 |
| Sec. 5743.112. (A) No person shall prepare for shipment, | 76690 |
| ship, transport, deliver, prepare for distribution, or distribute | 76691 |
| cigarettes, or otherwise engage or participate in the wholesale or | 76692 |
| retail business of trafficking in cigarettes, with the intent to | 76693 |
| avoid payment of the tax imposed by this chapter, when the | 76694 |
| 76695 | |
| exceeds | 76696 |
| twelve-month period. | 76697 |
| (B) Any vending machine containing cigarettes which do not | 76698 |
| have affixed the stamps or impressions provided for by sections | 76699 |
| 5743.03 and 5743.04 of the Revised Code shall be seized and | 76700 |
| forfeited to the state in accordance with section 2933.43 of the | 76701 |
| Revised Code. Forfeiture shall not affect the rights of a holder | 76702 |
| of a valid lien. | 76703 |
| (C) A vehicle that is seized as contraband under section | 76704 |
| 2933.43 of the Revised Code because of its use in violation of | 76705 |
| this chapter is subject to the procedures set forth in section | 76706 |
| 2933.43 of the Revised Code. | 76707 |
| Sec. 5743.14. (A) The tax commissioner | 76708 |
| 76709 | |
| 76710 |
| | 76711 |
| the facilities and records of a person selling cigarettes or other | 76712 |
| tobacco products. Such entrance and inspection requires a properly | 76713 |
| issued search warrant if conducted outside the normal business | 76714 |
| hours of the person, but does not require a search warrant if | 76715 |
| conducted during the normal business hours of the person. No | 76716 |
| person shall prevent or hinder the tax commissioner or an agent of | 76717 |
| the tax commissioner
from
| 76718 |
| 76719 | |
| 76720 | |
| 76721 | |
| 76722 | |
| 76723 | |
| division. | 76724 |
| (B) If a peace officer as defined in section 2935.01 of the | 76725 |
| Revised Code knows or has reasonable cause to believe that a motor | 76726 |
| vehicle is transporting cigarettes or other tobacco products in | 76727 |
| violation of this chapter or section 2927.023 of the Revised Code, | 76728 |
| the peace officer may stop the vehicle and inspect the vehicle to | 76729 |
| determine the presence of such cigarettes or other tobacco | 76730 |
| products. | 76731 |
| Sec. 5743.15. (A) No person shall engage in this state in | 76732 |
| the wholesale or retail business of trafficking in cigarettes | 76733 |
| 76734 | |
| of cigarettes
without having a license to | 76735 |
| activity issued by a county auditor under division (B) of this | 76736 |
| section or the tax commissioner under division (E) of this | 76737 |
| section, except that on dissolution of a partnership by death, the | 76738 |
| surviving partner may operate under the license of the partnership | 76739 |
| until expiration of the license, and the heirs or legal | 76740 |
| representatives of deceased persons, and receivers and trustees in | 76741 |
| bankruptcy appointed by any competent authority, may operate under | 76742 |
| the license of the person succeeded in possession by such heir, | 76743 |
| representative, receiver, or trustee in bankruptcy. | 76744 |
| (B) Each applicant for a license to engage in the wholesale | 76745 |
| or retail business of trafficking in cigarettes under this | 76746 |
| section, annually, on or before the fourth Monday of May, shall | 76747 |
| make and deliver to
the county auditor of the county in which | 76748 |
| the applicant desires to engage in the wholesale or retail | 76749 |
| business of trafficking in cigarettes, upon a blank furnished by | 76750 |
| such auditor for that purpose, a statement showing the name of the | 76751 |
| applicant, each place in the county where the applicant's business | 76752 |
| is conducted, the nature of the business, and any other | 76753 |
| information the tax commissioner requires in the form of statement | 76754 |
| prescribed by | 76755 |
| partnership, or association other than a corporation, the | 76756 |
| application shall state the name and address of each of its | 76757 |
| members. If the applicant is a corporation, the application shall | 76758 |
| state the name and address of each of its officers. At the time of | 76759 |
| making the application required by this section, every person | 76760 |
| desiring to engage in the wholesale business of trafficking in | 76761 |
| cigarettes shall pay into the county treasury a license tax in the | 76762 |
| sum of two hundred dollars, or if desiring to engage in the retail | 76763 |
| business of trafficking in cigarettes, a license tax in the sum of | 76764 |
| thirty dollars for each of the first five places where
| 76765 |
| person proposes to carry on such business and twenty-five dollars | 76766 |
| for each additional place. Each place of business shall be deemed | 76767 |
| such space, under lease or license to, or under the control of, or | 76768 |
| under the supervision of the applicant, as is contained in one or | 76769 |
| more contiguous, adjacent, or adjoining buildings constituting an | 76770 |
| industrial plant or a place of business operated by, or under the | 76771 |
| control of, one person, or under one roof and connected by doors, | 76772 |
| halls, stairways, or elevators, which space may contain any number | 76773 |
| of points at which cigarettes are offered for sale, provided that | 76774 |
| each additional point at which cigarettes are offered for sale | 76775 |
| shall be listed in the application. | 76776 |
| Upon receipt of the application | 76777 |
| exhibition of the county treasurer's receipt showing the payment | 76778 |
| of the tax, the county auditor shall issue to the applicant a | 76779 |
| license for each place of business designated in the application, | 76780 |
| authorizing the applicant to engage in such business at such place | 76781 |
| for one year commencing on the fourth Monday of May. Companies | 76782 |
| operating club or dining cars or other cars upon which cigarettes | 76783 |
| are sold shall obtain licenses at railroad terminals within the | 76784 |
| state, under such rules as are prescribed by the commissioner. The | 76785 |
| form of the license shall be prescribed by the commissioner. A | 76786 |
| duplicate license may be obtained from the county auditor upon | 76787 |
| payment of a fifty cent fee if the original license is lost, | 76788 |
| destroyed, or defaced. When an application is filed after the | 76789 |
| fourth Monday of May, the license tax required to be paid shall be | 76790 |
| proportioned in amount to the remainder of the license year, | 76791 |
| except that it shall not be less than one fifth of the whole | 76792 |
| amount in any one year. | 76793 |
| The holder of a wholesale or retail dealer's cigarette | 76794 |
| license may transfer the license to a place of business within the | 76795 |
| same county other than that designated on the license or may | 76796 |
| assign the license to another person for use in the same county on | 76797 |
| condition that the licensee or assignee, whichever is applicable, | 76798 |
| make application to the county auditor therefor, upon forms | 76799 |
| approved by the commissioner and the payment of a fee of one | 76800 |
| dollar into the county treasury. | 76801 |
| | 76802 |
| collected under this section shall be distributed as follows: | 76803 |
| (a) Thirty-seven and one-half per cent shall be paid upon the | 76804 |
| warrant of the county auditor into the treasury of the municipal | 76805 |
| corporation or township in which the place of business for which | 76806 |
| the tax revenue was received is located; | 76807 |
| (b) Fifteen per cent shall be credited to the general fund of | 76808 |
| the county; | 76809 |
| (c) Forty-seven and one-half per cent shall be paid into the | 76810 |
| cigarette tax enforcement fund created by division (C) of this | 76811 |
| section. | 76812 |
| (2) The revenue collected from the thirty dollar tax imposed | 76813 |
| upon the first five places of business of a person engaged in the | 76814 |
| retail business of trafficking in cigarettes shall be distributed | 76815 |
| as follows: | 76816 |
| (a) Sixty-two and one-half per cent shall be paid upon the | 76817 |
| warrant of the county auditor into the treasury of the municipal | 76818 |
| corporation or township in which the places of business for which | 76819 |
| the tax revenue was received are located; | 76820 |
| (b) Twenty-two and one-half per cent shall be credited to the | 76821 |
| general fund of the county; | 76822 |
| (c) Fifteen per cent shall be paid into the cigarette tax | 76823 |
| enforcement fund created by division (C) of this section. | 76824 |
| (3) The remainder of the revenues and fines collected under | 76825 |
| this section and the penal laws relating to cigarettes shall be | 76826 |
| distributed as follows: | 76827 |
| (a) Three-fourths shall be paid upon the warrant of the | 76828 |
| county auditor into the treasury of the municipal corporation or | 76829 |
| township in which the place of business, on account of which the | 76830 |
| revenues and fines were received, is located; | 76831 |
| (b) One-fourth shall be credited to the general fund of the | 76832 |
| county. | 76833 |
| | 76834 |
| cigarette tax enforcement fund for the purpose of providing funds | 76835 |
| to assist in paying the costs of enforcing sections 1333.11 to | 76836 |
| 1333.21 and Chapter 5743. of the Revised Code. | 76837 |
| The portion of cigarette license tax revenues received by a | 76838 |
| county auditor during the annual application period that ends | 76839 |
| before the fourth Monday in May which is required to be deposited | 76840 |
| in the cigarette tax enforcement fund shall be sent to the | 76841 |
| treasurer of state by the thirtieth day of June each year. The | 76842 |
| portion of license tax money received by each county auditor after | 76843 |
| the fourth Monday in May which is required to be deposited in the | 76844 |
| cigarette tax enforcement fund shall be sent to the treasurer of | 76845 |
| state by the thirty-first day of December. | 76846 |
| (E)(1) Every person who desires to engage in the business of | 76847 |
| a manufacturer or importer of cigarettes shall, annually, on or | 76848 |
| before the fourth Monday of May, make and deliver to the tax | 76849 |
| commissioner, upon a blank furnished by the commissioner for that | 76850 |
| purpose, a statement showing the name of the applicant, the nature | 76851 |
| of the applicant's business, and any other information required by | 76852 |
| the commissioner. If the applicant is a firm, partnership, or | 76853 |
| association other than a corporation, the applicant shall state | 76854 |
| the name and address of each of its members. If the applicant is a | 76855 |
| corporation, the applicant shall state the name and address of | 76856 |
| each of its officers. | 76857 |
| Upon receipt of the application, the commissioner shall issue | 76858 |
| to the applicant a license authorizing the applicant to engage in | 76859 |
| the business of manufacturer or importer, whichever the case may | 76860 |
| be, for one year commencing on the fourth Monday of May. | 76861 |
| (2) The issuing of a license under division (E) of this | 76862 |
| section to a manufacturer does not excuse a manufacturer from the | 76863 |
| certification process required under section 1346.05 of the | 76864 |
| Revised Code. A license issued under division (E) of this section | 76865 |
| to a manufacturer who is not listed on the directory required | 76866 |
| under section 1346.05 of the Revised Code shall cease to be valid | 76867 |
| and shall be revoked by the commissioner as provided in section | 76868 |
| 5743.18 of the Revised Code. | 76869 |
| (3) The tax commissioner may adopt rules necessary to | 76870 |
| administer division (E) of this section. | 76871 |
| Sec. 5743.16. On or before the first Monday of June, | 76872 |
| annually, each county auditor shall certify to the tax | 76873 |
| commissioner a list showing the names of all persons licensed in | 76874 |
| 76875 | |
| in cigarettes, and such other information as to each, available | 76876 |
| from the records in the office of the auditor, as the commissioner | 76877 |
| prescribes. As such licenses are issued during the year, the | 76878 |
| auditor shall certify like lists and additions thereto to the | 76879 |
| commissioner. The commissioner shall keep an alphabetical index of | 76880 |
| such licenses certified to | 76881 |
| the index of valid license holders on a regular basis. | 76882 |
| Sec. 5743.18. Upon notice and hearing in accordance with | 76883 |
| sections 119.01 to 119.13 of the Revised Code, the tax | 76884 |
| commissioner may revoke any manufacturer, importer, wholesale, or | 76885 |
| retail cigarette license for violation of sections 5743.01 to | 76886 |
|
5743.21 of the Revised Code. | 76887 |
| retail cigarette license, a certified copy of the order revoking | 76888 |
| such license shall be transmitted to the county auditor of the | 76889 |
| county in which the license was issued. In the case of a license | 76890 |
| issued to a manufacturer, the commissioner shall immediately | 76891 |
| revoke any such license upon the manufacturer's removal from the | 76892 |
| directory under section 1346.05 of the Revised Code. | 76893 |
| Sec. 5743.19. No person shall engage in business as a | 76894 |
| manufacturer or importer, or in the wholesale or retail business | 76895 |
| of
trafficking in cigarettes, without having a license therefor | 76896 |
| as required by section 5743.15 of the Revised Code. | 76897 |
| Sec. 5743.20. No person shall sell any cigarettes both as a | 76898 |
| retail dealer and as a wholesale dealer at the same place of | 76899 |
| business. | 76900 |
| 76901 | |
| person other than a licensed wholesale dealer shall sell | 76902 |
| cigarettes to a licensed retail dealer. No retail dealer shall | 76903 |
| purchase cigarettes from any person other than a licensed | 76904 |
| wholesale dealer. | 76905 |
| Subject to section 5743.031 of the Revised Code, a licensed | 76906 |
| wholesale dealer may not sell cigarettes to any person in this | 76907 |
| state other than a licensed retail dealer, except a licensed | 76908 |
| wholesale dealer may sell cigarettes to another licensed wholesale | 76909 |
| dealer if the tax commissioner has authorized the sale of the | 76910 |
| cigarettes between those wholesale dealers and the wholesale | 76911 |
| dealer that sells the cigarettes received them directly from a | 76912 |
| licensed manufacturer or licensed importer. | 76913 |
| The tax commissioner shall adopt rules governing sales of | 76914 |
| cigarettes between licensed wholesale dealers, including rules | 76915 |
| establishing criteria for authorizing such sales. | 76916 |
| No manufacturer or importer shall sell cigarettes to any | 76917 |
| person in this state other than to a licensed wholesale dealer or | 76918 |
| licensed importer. No importer shall purchase cigarettes from any | 76919 |
| person other than a licensed manufacturer or licensed importer. | 76920 |
| A retail dealer may purchase tobacco products only from a | 76921 |
| licensed distributor. A licensed distributor may sell tobacco | 76922 |
| products only to a retail dealer, except a licensed distributor | 76923 |
| may sell tobacco products to another licensed distributor if the | 76924 |
| tax commissioner has authorized the sale of the tobacco products | 76925 |
| between those distributors and the distributor that sells the | 76926 |
| tobacco products received them directly from a manufacturer or | 76927 |
| importer of tobacco products | 76928 |
| The tax commissioner may adopt rules governing sales of | 76929 |
| tobacco products between licensed distributors, including rules | 76930 |
| establishing criteria for authorizing such sales. | 76931 |
| The identities of licensed distributors are subject to public | 76932 |
| disclosure. The tax commissioner shall maintain an alphabetical | 76933 |
| list of all such distributors, shall post the list on a web site | 76934 |
| accessible to the public through the internet, and shall | 76935 |
| periodically update the web site posting. | 76936 |
| As used in this section, "licensed" means the manufacturer, | 76937 |
| importer, wholesale dealer, retail dealer, or distributor holds a | 76938 |
| current and valid license issued under section 5743.15 or 5743.61 | 76939 |
| of the Revised Code. | 76940 |
| Sec. 5743.32. To provide revenue for the general revenue | 76941 |
| fund of the state, an excise tax is hereby levied on the use, | 76942 |
| consumption, or storage for consumption of cigarettes by consumers | 76943 |
|
in this state at the rate of
| 76944 |
| and one-half mills on each cigarette. The tax shall not apply if | 76945 |
| the tax levied by section 5743.02 of the Revised Code has been | 76946 |
| paid. | 76947 |
| The money received into the state treasury from the excise | 76948 |
| tax levied by this section shall be credited to the general | 76949 |
| revenue fund. | 76950 |
| Sec. 5743.33. Every person who has acquired cigarettes for | 76951 |
| use, storage, or other consumption subject to the tax levied under | 76952 |
| section 5743.32, 5743.323, or 5743.324 of the Revised Code, shall, | 76953 |
| on or before the fifteenth day of the month following receipt of | 76954 |
| such cigarettes, file with the tax commissioner a return showing | 76955 |
| the amount of cigarettes acquired, together with remittance of the | 76956 |
| tax thereon. No such person shall transport
within this state | 76957 |
| 76958 | |
| more than one thousand two hundred cigarettes, unless that person | 76959 |
| has obtained consent to transport the cigarettes from the | 76960 |
| department of taxation prior to such transportation. Such consent | 76961 |
| shall not be required if the applicable taxes levied under | 76962 |
| sections 5743.02, 5743.024, and 5743.026 of the Revised Code have | 76963 |
| been paid. Application for the consent shall be in the form | 76964 |
| prescribed by the tax commissioner. | 76965 |
| Every person transporting such cigarettes shall possess the | 76966 |
| consent while transporting or possessing the cigarettes within | 76967 |
| this state and shall produce the consent upon request of any law | 76968 |
| enforcement officer or authorized agent of the tax commissioner. | 76969 |
| Any person transporting such cigarettes without the consent | 76970 |
| required by this section, shall be subject to the provisions of | 76971 |
| this chapter, including the applicable taxes imposed by sections | 76972 |
| 5743.02, 5743.024, and 5743.026 of the Revised Code. | 76973 |
| Sec. 5743.71. If a person seeks to obtain cigarettes that | 76974 |
| are legal for sale in this state under section 1346.05 of the | 76975 |
| Revised Code or other tobacco products, and such cigarettes or | 76976 |
| other tobacco products are not reasonably available to that person | 76977 |
| at a retail location in this state, the person may apply to the | 76978 |
| tax commissioner for consent for consumer shipment. The consent | 76979 |
| for consumer shipment must be obtained prior to the purchase of | 76980 |
| the cigarettes or other tobacco products. | 76981 |
| The consent for consumer shipment shall be filed with the | 76982 |
| commissioner on a form prescribed by the commissioner showing | 76983 |
| purchase of the cigarettes or other tobacco products as consented | 76984 |
| to, and shall be accompanied by the purchaser's proof of age and | 76985 |
| any other information required by the commissioner. | 76986 |
| Sec. 5743.99. (A) Whoever violates section 5743.10, 5743.11, | 76987 |
| or 5743.12 or division (C) of section 5743.54 of the Revised Code | 76988 |
| is guilty of a misdemeanor of the first degree. If
the | 76989 |
| person previously has been | 76990 |
| under
| 76991 |
| person is guilty of a felony of the fourth degree. | 76992 |
| (B) Whoever violates section 5743.111, 5743.112, 5743.13, | 76993 |
| 5743.14, 5743.59, or 5743.60 of the Revised Code is guilty of a | 76994 |
|
felony of
the fourth degree. If the | 76995 |
| been | 76996 |
| 76997 | |
| a felony of the second degree. | 76998 |
| (C) Whoever violates section 5743.19 of the Revised Code is | 76999 |
| guilty of a misdemeanor of the fourth degree. If the person | 77000 |
| previously has been convicted once of any offense under Title LVII | 77001 |
| of the Revised Code, the person is guilty of a misdemeanor of the | 77002 |
| first degree. If the person previously has been convicted more | 77003 |
| than once of any offense under Title LVII of the Revised Code, the | 77004 |
| person is guilty of a felony of the fourth degree. | 77005 |
| (D) Whoever violates section 5743.41 or 5743.42 of the | 77006 |
| Revised Code is guilty of a misdemeanor of the fourth degree. If | 77007 |
|
the | 77008 |
| any offense under
| 77009 |
| Revised Code, the person is guilty of a misdemeanor of the third | 77010 |
| degree. | 77011 |
| | 77012 |
| is
guilty of a misdemeanor of
the
first degree. If the | 77013 |
| person previously has
been | 77014 |
|
under | 77015 |
| person is guilty of a felony of the fifth degree. | 77016 |
| | 77017 |
| the Revised Code is guilty of a misdemeanor of the fourth degree. | 77018 |
| | 77019 |
| rule promulgated by the tax commissioner under authority of this | 77020 |
| chapter, for the violation of which no penalty is provided | 77021 |
| elsewhere, is guilty of a minor misdemeanor. If the person | 77022 |
| previously has been convicted of any offense under Title LVII of | 77023 |
| the Revised Code, the person is guilty of a misdemeanor of the | 77024 |
| 77025 |
| | 77026 |
| convicted of a violation of section 5743.112 or 5743.60 of the | 77027 |
| Revised Code who was the operator of a motor vehicle used in the | 77028 |
| violation, the court shall suspend for not less than thirty days | 77029 |
| or more than three years the offender's driver's license, | 77030 |
| commercial driver's license, temporary instruction permit, | 77031 |
| probationary license, or nonresident operating privilege. The | 77032 |
| court shall send a copy of its suspension order and determination | 77033 |
| to the registrar of motor vehicles, and the registrar, pursuant to | 77034 |
| the order and determination, shall impose a suspension of the same | 77035 |
| duration. No judge shall suspend the first thirty days of | 77036 |
| suspension of an offender's license, permit, or privilege required | 77037 |
| by this division. | 77038 |
| Sec. 5747.01. Except as otherwise expressly provided or | 77039 |
| clearly appearing from the context, any term used in this chapter | 77040 |
| that is not otherwise defined in this section has the same meaning | 77041 |
| as when used in a comparable context in the laws of the United | 77042 |
| States relating to federal income taxes or if not used in a | 77043 |
| comparable context in those laws, has the same meaning as in | 77044 |
| section 5733.40 of the Revised Code. Any reference in this chapter | 77045 |
| to the Internal Revenue Code includes other laws of the United | 77046 |
| States relating to federal income taxes. | 77047 |
| As used in this chapter: | 77048 |
| (A) "Adjusted gross income" or "Ohio adjusted gross income" | 77049 |
| means federal adjusted gross income, as defined and used in the | 77050 |
| Internal Revenue Code, adjusted as provided in this section: | 77051 |
| (1) Add interest or dividends on obligations or securities of | 77052 |
| any state or of any political subdivision or authority of any | 77053 |
| state, other than this state and its subdivisions and authorities. | 77054 |
| (2) Add interest or dividends on obligations of any | 77055 |
| authority, commission, instrumentality, territory, or possession | 77056 |
| of the United States to the extent that the interest or dividends | 77057 |
| are exempt from federal income taxes but not from state income | 77058 |
| taxes. | 77059 |
| (3) Deduct interest or dividends on obligations of the United | 77060 |
| States and its territories and possessions or of any authority, | 77061 |
| commission, or instrumentality of the United States to the extent | 77062 |
| that the interest or dividends are included in federal adjusted | 77063 |
| gross income but exempt from state income taxes under the laws of | 77064 |
| the United States. | 77065 |
| (4) Deduct disability and survivor's benefits to the extent | 77066 |
| included in federal adjusted gross income. | 77067 |
| (5) Deduct benefits under Title II of the Social Security Act | 77068 |
| and tier 1 railroad retirement benefits to the extent included in | 77069 |
| federal adjusted gross income under section 86 of the Internal | 77070 |
| Revenue Code. | 77071 |
| (6) In the case of a taxpayer who is a beneficiary of a trust | 77072 |
| that makes an accumulation distribution as defined in section 665 | 77073 |
| of the Internal Revenue Code, add, for the beneficiary's taxable | 77074 |
| years
beginning before 2002 | 77075 |
| such distribution that does not exceed the undistributed net | 77076 |
| income of the trust for the three taxable years preceding the | 77077 |
| taxable year in which the distribution is made to the extent that | 77078 |
| the portion was not included in the trust's taxable income for any | 77079 |
| of the trust's taxable years beginning in
2002 | 77080 |
| thereafter. "Undistributed net income of a trust" means the | 77081 |
| taxable income of the trust increased by (a)(i) the additions to | 77082 |
| adjusted gross income required under division (A) of this section | 77083 |
| and (ii) the personal exemptions allowed to the trust pursuant to | 77084 |
| section 642(b) of the Internal Revenue Code, and decreased by | 77085 |
| (b)(i) the deductions to adjusted gross income required under | 77086 |
| division (A) of this section, (ii) the amount of federal income | 77087 |
| taxes attributable to such income, and (iii) the amount of taxable | 77088 |
| income that has been included in the adjusted gross income of a | 77089 |
| beneficiary by reason of a prior accumulation distribution. Any | 77090 |
| undistributed net income included in the adjusted gross income of | 77091 |
| a beneficiary shall reduce the undistributed net income of the | 77092 |
| trust commencing with the earliest years of the accumulation | 77093 |
| period. | 77094 |
| (7) Deduct the amount of wages and salaries, if any, not | 77095 |
| otherwise allowable as a deduction but that would have been | 77096 |
| allowable as a deduction in computing federal adjusted gross | 77097 |
| income for the taxable year, had the targeted jobs credit allowed | 77098 |
| and determined under sections 38, 51, and 52 of the Internal | 77099 |
| Revenue Code not been in effect. | 77100 |
| (8) Deduct any interest or interest equivalent on public | 77101 |
| obligations and purchase obligations to the extent that the | 77102 |
| interest or interest equivalent is included in federal adjusted | 77103 |
| gross income. | 77104 |
| (9) Add any loss or deduct any gain resulting from the sale, | 77105 |
| exchange, or other disposition of public obligations to the extent | 77106 |
| that the loss has been deducted or the gain has been included in | 77107 |
| computing federal adjusted gross income. | 77108 |
| (10) Deduct or add amounts, as provided under section 5747.70 | 77109 |
| of the Revised Code, related to contributions to variable college | 77110 |
| savings program
accounts made or tuition | 77111 |
| pursuant to Chapter 3334. of the Revised Code. | 77112 |
| (11)(a) Deduct, to the extent not otherwise allowable as a | 77113 |
| deduction or exclusion in computing federal or Ohio adjusted gross | 77114 |
| income for the taxable year, the amount the taxpayer paid during | 77115 |
| the taxable year for medical care insurance and qualified | 77116 |
| long-term care insurance for the taxpayer, the taxpayer's spouse, | 77117 |
| and dependents. No deduction for medical care insurance under | 77118 |
| division (A)(11) of this section shall be allowed either to any | 77119 |
| taxpayer who is eligible to participate in any subsidized health | 77120 |
| plan maintained by any employer of the taxpayer or of the | 77121 |
| taxpayer's spouse, or to any taxpayer who is entitled to, or on | 77122 |
| application would be entitled to, benefits under part A of Title | 77123 |
| XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. | 77124 |
| 301, as amended. For the purposes of division (A)(11)(a) of this | 77125 |
| section, "subsidized health plan" means a health plan for which | 77126 |
| the employer pays any portion of the plan's cost. The deduction | 77127 |
| allowed under division (A)(11)(a) of this section shall be the net | 77128 |
| of any related premium refunds, related premium reimbursements, or | 77129 |
| related insurance premium dividends received during the taxable | 77130 |
| year. | 77131 |
| (b) Deduct, to the extent not otherwise deducted or excluded | 77132 |
| in computing federal or Ohio adjusted gross income during the | 77133 |
| taxable year, the amount the taxpayer paid during the taxable | 77134 |
| year, not compensated for by any insurance or otherwise, for | 77135 |
| medical care of the taxpayer, the taxpayer's spouse, and | 77136 |
| dependents, to the extent the expenses exceed seven and one-half | 77137 |
| per cent of the taxpayer's federal adjusted gross income. | 77138 |
| (c) For purposes of division (A)(11) of this section, | 77139 |
| "medical care" has the meaning given in section 213 of the | 77140 |
| Internal Revenue Code, subject to the special rules, limitations, | 77141 |
| and exclusions set forth therein, and "qualified long-term care" | 77142 |
| has the same meaning given in section 7702(B)(b) of the Internal | 77143 |
| Revenue Code. | 77144 |
| (12)(a) Deduct any amount included in federal adjusted gross | 77145 |
| income solely because the amount represents a reimbursement or | 77146 |
| refund of expenses that in any year the taxpayer had deducted as | 77147 |
| an itemized deduction pursuant to section 63 of the Internal | 77148 |
| Revenue Code and applicable United States department of the | 77149 |
| treasury regulations. The deduction otherwise allowed under | 77150 |
| division (A)(12)(a) of this section shall be reduced to the extent | 77151 |
| the reimbursement is attributable to an amount the taxpayer | 77152 |
| deducted under this section in any taxable year. | 77153 |
| (b) Add any amount not otherwise included in Ohio adjusted | 77154 |
| gross income for any taxable year to the extent that the amount is | 77155 |
| attributable to the recovery during the taxable year of any amount | 77156 |
| deducted or excluded in computing federal or Ohio adjusted gross | 77157 |
| income in any taxable year. | 77158 |
| (13) Deduct any portion of the deduction described in section | 77159 |
| 1341(a)(2) of the Internal Revenue Code, for repaying previously | 77160 |
| reported income received under a claim of right, that meets both | 77161 |
| of the following requirements: | 77162 |
| (a) It is allowable for repayment of an item that was | 77163 |
| included in the taxpayer's adjusted gross income for a prior | 77164 |
| taxable year and did not qualify for a credit under division (A) | 77165 |
| or (B) of section 5747.05 of the Revised Code for that year; | 77166 |
| (b) It does not otherwise reduce the taxpayer's adjusted | 77167 |
| gross income for the current or any other taxable year. | 77168 |
| (14) Deduct an amount equal to the deposits made to, and net | 77169 |
| investment earnings of, a medical savings account during the | 77170 |
| taxable year, in accordance with section 3924.66 of the Revised | 77171 |
| Code. The deduction allowed by division (A)(14) of this section | 77172 |
| does not apply to medical savings account deposits and earnings | 77173 |
| otherwise deducted or excluded for the current or any other | 77174 |
| taxable year from the taxpayer's federal adjusted gross income. | 77175 |
| (15)(a) Add an amount equal to the funds withdrawn from a | 77176 |
| medical savings account during the taxable year, and the net | 77177 |
| investment earnings on those funds, when the funds withdrawn were | 77178 |
| used for any purpose other than to reimburse an account holder | 77179 |
| for, or to pay, eligible medical expenses, in accordance with | 77180 |
| section 3924.66 of the Revised Code; | 77181 |
| (b) Add the amounts distributed from a medical savings | 77182 |
| account under division (A)(2) of section 3924.68 of the Revised | 77183 |
| Code during the taxable year. | 77184 |
| (16) Add any amount claimed as a credit under section | 77185 |
| 5747.059 of the Revised Code to the extent that such amount | 77186 |
| satisfies either of the following: | 77187 |
| (a) The amount was deducted or excluded from the computation | 77188 |
| of the taxpayer's federal adjusted gross income as required to be | 77189 |
| reported for the taxpayer's taxable year under the Internal | 77190 |
| Revenue Code; | 77191 |
| (b) The amount resulted in a reduction of the taxpayer's | 77192 |
| federal adjusted gross income as required to be reported for any | 77193 |
| of the taxpayer's taxable years under the Internal Revenue Code. | 77194 |
| (17) Deduct the amount contributed by the taxpayer to an | 77195 |
| individual development account program established by a county | 77196 |
| department of job and family services pursuant to sections 329.11 | 77197 |
| to 329.14 of the Revised Code for the purpose of matching funds | 77198 |
| deposited by program participants. On request of the tax | 77199 |
| commissioner, the taxpayer shall provide any information that, in | 77200 |
| the tax commissioner's opinion, is necessary to establish the | 77201 |
| amount deducted under division (A)(17) of this section. | 77202 |
| (18) Beginning in taxable year 2001 but not for any taxable | 77203 |
| year beginning after December 31, 2005, if the taxpayer is married | 77204 |
| and files a joint return and the combined federal adjusted gross | 77205 |
| income of the taxpayer and the taxpayer's spouse for the taxable | 77206 |
| year does not exceed one hundred thousand dollars, or if the | 77207 |
| taxpayer is single and has a federal adjusted gross income for the | 77208 |
| taxable year not exceeding fifty thousand dollars, deduct amounts | 77209 |
| paid during the taxable year for qualified tuition and fees paid | 77210 |
| to an eligible institution for the taxpayer, the taxpayer's | 77211 |
| spouse, or any dependent of the taxpayer, who is a resident of | 77212 |
| this state and is enrolled in or attending a program that | 77213 |
| culminates in a degree or diploma at an eligible institution. The | 77214 |
| deduction may be claimed only to the extent that qualified tuition | 77215 |
| and fees are not otherwise deducted or excluded for any taxable | 77216 |
| year from federal or Ohio adjusted gross income. The deduction may | 77217 |
| not be claimed for educational expenses for which the taxpayer | 77218 |
| claims a credit under section 5747.27 of the Revised Code. | 77219 |
| (19) Add any reimbursement received during the taxable year | 77220 |
| of any amount the taxpayer deducted under division (A)(18) of this | 77221 |
| section in any previous taxable year to the extent the amount is | 77222 |
| not otherwise included in Ohio adjusted gross income. | 77223 |
| (20)(a)(i) Add five-sixths of the amount of depreciation | 77224 |
| expense allowed by subsection (k) of section 168 of the Internal | 77225 |
| Revenue Code, including the taxpayer's proportionate or | 77226 |
| distributive share of the amount of depreciation expense allowed | 77227 |
| by that subsection to a pass-through entity in which the taxpayer | 77228 |
| has a direct or indirect ownership interest. | 77229 |
| (ii) Add five-sixths of the amount of qualifying section 179 | 77230 |
| depreciation expense, including a person's proportionate or | 77231 |
| distributive share of the amount of qualifying section 179 | 77232 |
| depreciation expense allowed to any pass-through entity in which | 77233 |
| the person has a direct or indirect ownership. For the purposes of | 77234 |
| this division, "qualifying section 179 depreciation expense" means | 77235 |
| the difference between (I) the amount of depreciation expense | 77236 |
| directly or indirectly allowed to the taxpayer under section 179 | 77237 |
| of the Internal Revenue Code, and (II) the amount of depreciation | 77238 |
| expense directly or indirectly allowed to the taxpayer under | 77239 |
| section 179 of the Internal Revenue Code as that section existed | 77240 |
| on December 31, 2002. | 77241 |
| The tax commissioner, under procedures established by the | 77242 |
| commissioner, may waive the add-backs related to a pass-through | 77243 |
| entity if the taxpayer owns, directly or indirectly, less than | 77244 |
| five per cent of the pass-through entity. | 77245 |
| (b) Nothing in division (A)(20) of this section shall be | 77246 |
| construed to adjust or modify the adjusted basis of any asset. | 77247 |
| (c) To the extent the add-back required under division | 77248 |
| (A)(20)(a) of this section is attributable to property generating | 77249 |
| nonbusiness income or loss allocated under section 5747.20 of the | 77250 |
| Revised Code, the add-back shall be sitused to the same location | 77251 |
| as the nonbusiness income or loss generated by the property for | 77252 |
| the purpose of determining the credit under division (A) of | 77253 |
| section 5747.05 of the Revised Code. Otherwise, the add-back shall | 77254 |
| be apportioned, subject to one or more of the four alternative | 77255 |
| methods of apportionment enumerated in section 5747.21 of the | 77256 |
| Revised Code. | 77257 |
| (d) For the purposes of division (A) of this section, net | 77258 |
| operating loss carryback and carryforward shall not include | 77259 |
| five-sixths of the allowance of any net operating loss deduction | 77260 |
| carryback or carryforward to the taxable year to the extent such | 77261 |
| loss resulted from depreciation allowed by section 168(k) of the | 77262 |
| Internal Revenue Code and by the qualifying section 179 | 77263 |
| depreciation expense amount. | 77264 |
| (21)(a) If the taxpayer was required to add an amount under | 77265 |
| division (A)(20)(a) of this section for a taxable year, deduct | 77266 |
| one-fifth of the amount so added for each of the five succeeding | 77267 |
| taxable years. | 77268 |
| (b) If the amount deducted under division (A)(21)(a) of this | 77269 |
| section is attributable to an add-back allocated under division | 77270 |
| (A)(20)(c) of this section, the amount deducted shall be sitused | 77271 |
| to the same location. Otherwise, the add-back shall be apportioned | 77272 |
| using the apportionment factors for the taxable year in which the | 77273 |
| deduction is taken, subject to one or more of the four alternative | 77274 |
| methods of apportionment enumerated in section 5747.21 of the | 77275 |
| Revised Code. | 77276 |
| (c) No deduction is available under division (A)(21)(a) of | 77277 |
| this section with regard to any depreciation allowed by section | 77278 |
| 168(k) of the Internal Revenue Code and by the qualifying section | 77279 |
| 179 depreciation expense amount to the extent that such | 77280 |
| depreciation resulted in or increased a federal net operating loss | 77281 |
| carryback or carryforward to a taxable year to which division | 77282 |
| (A)(20)(d) of this section does not apply. | 77283 |
| (B) "Business income" means income, including gain or loss, | 77284 |
| arising from transactions, activities, and sources in the regular | 77285 |
| course of a trade or business and includes income, gain, or loss | 77286 |
| from real property, tangible property, and intangible property if | 77287 |
| the acquisition, rental, management, and disposition of the | 77288 |
| property constitute integral parts of the regular course of a | 77289 |
| trade or business operation. "Business income" includes income, | 77290 |
| including gain or loss, from a partial or complete liquidation of | 77291 |
| a business, including, but not limited to, gain or loss from the | 77292 |
| sale or other disposition of goodwill. | 77293 |
| (C) "Nonbusiness income" means all income other than business | 77294 |
| income and may include, but is not limited to, compensation, rents | 77295 |
| and royalties from real or tangible personal property, capital | 77296 |
| gains, interest, dividends and distributions, patent or copyright | 77297 |
| royalties, or lottery winnings, prizes, and awards. | 77298 |
| (D) "Compensation" means any form of remuneration paid to an | 77299 |
| employee for personal services. | 77300 |
| (E) "Fiduciary" means a guardian, trustee, executor, | 77301 |
| administrator, receiver, conservator, or any other person acting | 77302 |
| in any fiduciary capacity for any individual, trust, or estate. | 77303 |
| (F) "Fiscal year" means an accounting period of twelve months | 77304 |
| ending on the last day of any month other than December. | 77305 |
| (G) "Individual" means any natural person. | 77306 |
| (H) "Internal Revenue Code" means the "Internal Revenue Code | 77307 |
| of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. | 77308 |
| (I) "Resident" means any of the following, provided that | 77309 |
| division (I)(3) of this section applies only to taxable years of a | 77310 |
|
trust beginning in 2002 | 77311 |
| (1) An individual who is domiciled in this state, subject to | 77312 |
| section 5747.24 of the Revised Code; | 77313 |
| (2) The estate of a decedent who at the time of death was | 77314 |
| domiciled in this state. The domicile tests of section 5747.24 of | 77315 |
| the Revised Code and any election under section 5747.25 of the | 77316 |
| Revised Code are not controlling for purposes of division (I)(2) | 77317 |
| of this section. | 77318 |
| (3) A trust that, in whole or part, resides in this state. If | 77319 |
| only part of a trust resides in this state, the trust is a | 77320 |
| resident only with respect to that part. | 77321 |
| For the purposes of division (I)(3) of this section: | 77322 |
| (a) A trust resides in this state for the trust's current | 77323 |
| taxable year to the extent, as described in division (I)(3)(d) of | 77324 |
| this section, that the trust consists directly or indirectly, in | 77325 |
| whole or in part, of assets, net of any related liabilities, that | 77326 |
| were transferred, or caused to be transferred, directly or | 77327 |
| indirectly, to the trust by any of the following: | 77328 |
| (i) A person, a court, or a governmental entity or | 77329 |
| instrumentality on account of the death of a decedent, but only if | 77330 |
| the trust is described in division (I)(3)(e)(i) or (ii) of this | 77331 |
| section; | 77332 |
| (ii) A person who was domiciled in this state for the | 77333 |
| purposes of this chapter when the person directly or indirectly | 77334 |
| transferred assets to an irrevocable trust, but only if at least | 77335 |
| one of the trust's qualifying beneficiaries is domiciled in this | 77336 |
| state for the purposes of this chapter during all or some portion | 77337 |
| of the trust's current taxable year; | 77338 |
| (iii) A person who was domiciled in this state for the | 77339 |
| purposes of this chapter when the trust document or instrument or | 77340 |
| part of the trust document or instrument became irrevocable, but | 77341 |
| only if at least one of the trust's qualifying beneficiaries is a | 77342 |
| resident domiciled in this state for the purposes of this chapter | 77343 |
| during all or some portion of the trust's current taxable year. If | 77344 |
| a trust document or instrument became irrevocable upon the death | 77345 |
| of a person who at the time of death was domiciled in this state | 77346 |
| for purposes of this chapter, that person is a person described in | 77347 |
| division (I)(3)(a)(iii) of this section. | 77348 |
| (b) A trust is irrevocable to the extent that the transferor | 77349 |
| is not considered to be the owner of the net assets of the trust | 77350 |
| under sections 671 to 678 of the Internal Revenue Code. | 77351 |
| (c) With respect to a trust other than a charitable lead | 77352 |
| trust, "qualifying beneficiary" has the same meaning as "potential | 77353 |
| current beneficiary" as defined in section 1361(e)(2) of the | 77354 |
| Internal Revenue Code, and with respect to a charitable lead trust | 77355 |
| "qualifying beneficiary" is any current, future, or contingent | 77356 |
| beneficiary, but with respect to any trust "qualifying | 77357 |
| beneficiary" excludes a person or a governmental entity or | 77358 |
| instrumentality to any of which a contribution would qualify for | 77359 |
| the charitable deduction under section 170 of the Internal Revenue | 77360 |
| Code. | 77361 |
| (d) For the purposes of division (I)(3)(a) of this section, | 77362 |
| the extent to which a trust consists directly or indirectly, in | 77363 |
| whole or in part, of assets, net of any related liabilities, that | 77364 |
| were transferred directly or indirectly, in whole or part, to the | 77365 |
| trust by any of the sources enumerated in that division shall be | 77366 |
| ascertained by multiplying the fair market value of the trust's | 77367 |
| assets, net of related liabilities, by the qualifying ratio, which | 77368 |
| shall be computed as follows: | 77369 |
| (i) The first time the trust receives assets, the numerator | 77370 |
| of the qualifying ratio is the fair market value of those assets | 77371 |
| at that time, net of any related liabilities, from sources | 77372 |
| enumerated in division (I)(3)(a) of this section. The denominator | 77373 |
| of the qualifying ratio is the fair market value of all the | 77374 |
| trust's assets at that time, net of any related liabilities. | 77375 |
| (ii) Each subsequent time the trust receives assets, a | 77376 |
| revised qualifying ratio shall be computed. The numerator of the | 77377 |
| revised qualifying ratio is the sum of (1) the fair market value | 77378 |
| of the trust's assets immediately prior to the subsequent | 77379 |
| transfer, net of any related liabilities, multiplied by the | 77380 |
| qualifying ratio last computed without regard to the subsequent | 77381 |
| transfer, and (2) the fair market value of the subsequently | 77382 |
| transferred assets at the time transferred, net of any related | 77383 |
| liabilities, from sources enumerated in division (I)(3)(a) of this | 77384 |
| section. The denominator of the revised qualifying ratio is the | 77385 |
| fair market value of all the trust's assets immediately after the | 77386 |
| subsequent transfer, net of any related liabilities. | 77387 |
| (iii) Whether a transfer to the trust is by or from any of | 77388 |
| the sources enumerated in division (I)(3)(a) of this section shall | 77389 |
| be ascertained without regard to the domicile of the trust's | 77390 |
| beneficiaries. | 77391 |
| (e) For the purposes of division (I)(3)(a)(i) of this | 77392 |
| section: | 77393 |
| (i) A trust is described in division (I)(3)(e)(i) of this | 77394 |
| section if the trust is a testamentary trust and the testator of | 77395 |
| that testamentary trust was domiciled in this state at the time of | 77396 |
| the testator's death for purposes of the taxes levied under | 77397 |
| Chapter 5731. of the Revised Code. | 77398 |
| (ii) A trust is described in division (I)(3)(e)(ii) of this | 77399 |
| section if the transfer is a qualifying transfer described in any | 77400 |
| of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an | 77401 |
| irrevocable inter vivos trust, and at least one of the trust's | 77402 |
| qualifying beneficiaries is domiciled in this state for purposes | 77403 |
| of this chapter during all or some portion of the trust's current | 77404 |
| taxable year. | 77405 |
| (f) For the purposes of division (I)(3)(e)(ii) of this | 77406 |
| section, a "qualifying transfer" is a transfer of assets, net of | 77407 |
| any related liabilities, directly or indirectly to a trust, if the | 77408 |
| transfer is described in any of the following: | 77409 |
| (i) The transfer is made to a trust, created by the decedent | 77410 |
| before the decedent's death and while the decedent was domiciled | 77411 |
| in this state for the purposes of this chapter, and, prior to the | 77412 |
| death of the decedent, the trust became irrevocable while the | 77413 |
| decedent was domiciled in this state for the purposes of this | 77414 |
| chapter. | 77415 |
| (ii) The transfer is made to a trust to which the decedent, | 77416 |
| prior to the decedent's death, had directly or indirectly | 77417 |
| transferred assets, net of any related liabilities, while the | 77418 |
| decedent was domiciled in this state for the purposes of this | 77419 |
| chapter, and prior to the death of the decedent the trust became | 77420 |
| irrevocable while the decedent was domiciled in this state for the | 77421 |
| purposes of this chapter. | 77422 |
| (iii) The transfer is made on account of a contractual | 77423 |
| relationship existing directly or indirectly between the | 77424 |
| transferor and either the decedent or the estate of the decedent | 77425 |
| at any time prior to the date of the decedent's death, and the | 77426 |
| decedent was domiciled in this state at the time of death for | 77427 |
| purposes of the taxes levied under Chapter 5731. of the Revised | 77428 |
| Code. | 77429 |
| (iv) The transfer is made to a trust on account of a | 77430 |
| contractual relationship existing directly or indirectly between | 77431 |
| the transferor and another person who at the time of the | 77432 |
| decedent's death was domiciled in this state for purposes of this | 77433 |
| chapter. | 77434 |
| (v) The transfer is made to a trust on account of the will of | 77435 |
| a testator. | 77436 |
| (vi) The transfer is made to a trust created by or caused to | 77437 |
| be created by a court, and the trust was directly or indirectly | 77438 |
| created in connection with or as a result of the death of an | 77439 |
| individual who, for purposes of the taxes levied under Chapter | 77440 |
| 5731. of the Revised Code, was domiciled in this state at the time | 77441 |
| of the individual's death. | 77442 |
| (g) The tax commissioner may adopt rules to ascertain the | 77443 |
| part of a trust residing in this state. | 77444 |
| (J) "Nonresident" means an individual or estate that is not a | 77445 |
| resident. An individual who is a resident for only part of a | 77446 |
| taxable year is a nonresident for the remainder of that taxable | 77447 |
| year. | 77448 |
| (K) "Pass-through entity" has the same meaning as in section | 77449 |
| 5733.04 of the Revised Code. | 77450 |
| (L) "Return" means the notifications and reports required to | 77451 |
| be filed pursuant to this chapter for the purpose of reporting the | 77452 |
| tax due and includes declarations of estimated tax when so | 77453 |
| required. | 77454 |
| (M) "Taxable year" means the calendar year or the taxpayer's | 77455 |
| fiscal year ending during the calendar year, or fractional part | 77456 |
| thereof, upon which the adjusted gross income is calculated | 77457 |
| pursuant to this chapter. | 77458 |
| (N) "Taxpayer" means any person subject to the tax imposed by | 77459 |
| section 5747.02 of the Revised Code or any pass-through entity | 77460 |
| that makes the election under division (D) of section 5747.08 of | 77461 |
| the Revised Code. | 77462 |
| (O) "Dependents" means dependents as defined in the Internal | 77463 |
| Revenue Code and as claimed in the taxpayer's federal income tax | 77464 |
| return for the taxable year or which the taxpayer would have been | 77465 |
| permitted to claim had the taxpayer filed a federal income tax | 77466 |
| return. | 77467 |
| (P) "Principal county of employment" means, in the case of a | 77468 |
| nonresident, the county within the state in which a taxpayer | 77469 |
| performs services for an employer or, if those services are | 77470 |
| performed in more than one county, the county in which the major | 77471 |
| portion of the services are performed. | 77472 |
| (Q) As used in sections 5747.50 to 5747.55 of the Revised | 77473 |
| Code: | 77474 |
| (1) "Subdivision" means any county, municipal corporation, | 77475 |
| park district, or township. | 77476 |
| (2) "Essential local government purposes" includes all | 77477 |
| functions that any subdivision is required by general law to | 77478 |
| exercise, including like functions that are exercised under a | 77479 |
| charter adopted pursuant to the Ohio Constitution. | 77480 |
| (R) "Overpayment" means any amount already paid that exceeds | 77481 |
| the figure determined to be the correct amount of the tax. | 77482 |
| (S) "Taxable income" or "Ohio taxable income" applies only to | 77483 |
| estates and trusts, and means federal taxable income, as defined | 77484 |
| and used in the Internal Revenue Code, adjusted as follows: | 77485 |
| (1) Add interest or dividends, net of ordinary, necessary, | 77486 |
| and reasonable expenses not deducted in computing federal taxable | 77487 |
| income, on obligations or securities of any state or of any | 77488 |
| political subdivision or authority of any state, other than this | 77489 |
| state and its subdivisions and authorities, but only to the extent | 77490 |
| that such net amount is not otherwise includible in Ohio taxable | 77491 |
| income and is described in either division (S)(1)(a) or (b) of | 77492 |
| this section: | 77493 |
| (a) The net amount is not attributable to the S portion of an | 77494 |
| electing small business trust and has not been distributed to | 77495 |
| beneficiaries for the taxable year; | 77496 |
| (b) The net amount is attributable to the S portion of an | 77497 |
| electing small business trust for the taxable year. | 77498 |
| (2) Add interest or dividends, net of ordinary, necessary, | 77499 |
| and reasonable expenses not deducted in computing federal taxable | 77500 |
| income, on obligations of any authority, commission, | 77501 |
| instrumentality, territory, or possession of the United States to | 77502 |
| the extent that the interest or dividends are exempt from federal | 77503 |
| income taxes but not from state income taxes, but only to the | 77504 |
| extent that such net amount is not otherwise includible in Ohio | 77505 |
| taxable income and is described in either division (S)(1)(a) or | 77506 |
| (b) of this section; | 77507 |
| (3) Add the amount of personal exemption allowed to the | 77508 |
| estate pursuant to section 642(b) of the Internal Revenue Code; | 77509 |
| (4) Deduct interest or dividends, net of related expenses | 77510 |
| deducted in computing federal taxable income, on obligations of | 77511 |
| the United States and its territories and possessions or of any | 77512 |
| authority, commission, or instrumentality of the United States to | 77513 |
| the extent that the interest or dividends are exempt from state | 77514 |
| taxes under the laws of the United States, but only to the extent | 77515 |
| that such amount is included in federal taxable income and is | 77516 |
| described in either division (S)(1)(a) or (b) of this section; | 77517 |
| (5) Deduct the amount of wages and salaries, if any, not | 77518 |
| otherwise allowable as a deduction but that would have been | 77519 |
| allowable as a deduction in computing federal taxable income for | 77520 |
| the taxable year, had the targeted jobs credit allowed under | 77521 |
| sections 38, 51, and 52 of the Internal Revenue Code not been in | 77522 |
| effect, but only to the extent such amount relates either to | 77523 |
| income included in federal taxable income for the taxable year or | 77524 |
| to income of the S portion of an electing small business trust for | 77525 |
| the taxable year; | 77526 |
| (6) Deduct any interest or interest equivalent, net of | 77527 |
| related expenses deducted in computing federal taxable income, on | 77528 |
| public obligations and purchase obligations, but only to the | 77529 |
| extent that such net amount relates either to income included in | 77530 |
| federal taxable income for the taxable year or to income of the S | 77531 |
| portion of an electing small business trust for the taxable year; | 77532 |
| (7) Add any loss or deduct any gain resulting from sale, | 77533 |
| exchange, or other disposition of public obligations to the extent | 77534 |
| that such loss has been deducted or such gain has been included in | 77535 |
| computing either federal taxable income or income of the S portion | 77536 |
| of an electing small business trust for the taxable year; | 77537 |
| (8) Except in the case of the final return of an estate, add | 77538 |
| any amount deducted by the taxpayer on both its Ohio estate tax | 77539 |
| return pursuant to section 5731.14 of the Revised Code, and on its | 77540 |
| federal income tax return in determining federal taxable income; | 77541 |
| (9)(a) Deduct any amount included in federal taxable income | 77542 |
| solely because the amount represents a reimbursement or refund of | 77543 |
| expenses that in a previous year the decedent had deducted as an | 77544 |
| itemized deduction pursuant to section 63 of the Internal Revenue | 77545 |
| Code and applicable treasury regulations. The deduction otherwise | 77546 |
| allowed under division (S)(9)(a) of this section shall be reduced | 77547 |
| to the extent the reimbursement is attributable to an amount the | 77548 |
| taxpayer or decedent deducted under this section in any taxable | 77549 |
| year. | 77550 |
| (b) Add any amount not otherwise included in Ohio taxable | 77551 |
| income for any taxable year to the extent that the amount is | 77552 |
| attributable to the recovery during the taxable year of any amount | 77553 |
| deducted or excluded in computing federal or Ohio taxable income | 77554 |
| in any taxable year, but only to the extent such amount has not | 77555 |
| been distributed to beneficiaries for the taxable year. | 77556 |
| (10) Deduct any portion of the deduction described in section | 77557 |
| 1341(a)(2) of the Internal Revenue Code, for repaying previously | 77558 |
| reported income received under a claim of right, that meets both | 77559 |
| of the following requirements: | 77560 |
| (a) It is allowable for repayment of an item that was | 77561 |
| included in the taxpayer's taxable income or the decedent's | 77562 |
| adjusted gross income for a prior taxable year and did not qualify | 77563 |
| for a credit under division (A) or (B) of section 5747.05 of the | 77564 |
| Revised Code for that year. | 77565 |
| (b) It does not otherwise reduce the taxpayer's taxable | 77566 |
| income or the decedent's adjusted gross income for the current or | 77567 |
| any other taxable year. | 77568 |
| (11) Add any amount claimed as a credit under section | 77569 |
| 5747.059 of the Revised Code to the extent that the amount | 77570 |
| satisfies either of the following: | 77571 |
| (a) The amount was deducted or excluded from the computation | 77572 |
| of the taxpayer's federal taxable income as required to be | 77573 |
| reported for the taxpayer's taxable year under the Internal | 77574 |
| Revenue Code; | 77575 |
| (b) The amount resulted in a reduction in the taxpayer's | 77576 |
| federal taxable income as required to be reported for any of the | 77577 |
| taxpayer's taxable years under the Internal Revenue Code. | 77578 |
| (12) Deduct any amount, net of related expenses deducted in | 77579 |
| computing federal taxable income, that a trust is required to | 77580 |
| report as farm income on its federal income tax return, but only | 77581 |
| if the assets of the trust include at least ten acres of land | 77582 |
| satisfying the definition of "land devoted exclusively to | 77583 |
| agricultural use" under section 5713.30 of the Revised Code, | 77584 |
| regardless of whether the land is valued for tax purposes as such | 77585 |
| land under sections 5713.30 to 5713.38 of the Revised Code. If the | 77586 |
| trust is a pass-though entity investor, section 5747.231 of the | 77587 |
| Revised Code applies in ascertaining if the trust is eligible to | 77588 |
| claim the deduction provided by division (S)(12) of this section | 77589 |
| in connection with the pass-through entity's farm income. | 77590 |
| Except for farm income attributable to the S portion of an | 77591 |
| electing small business trust, the deduction provided by division | 77592 |
| (S)(12) of this section is allowed only to the extent that the | 77593 |
| trust has not distributed such farm income. Division (S)(12) of | 77594 |
| this section applies only to taxable years of a trust beginning in | 77595 |
|
2002 | 77596 |
| (13) Add the net amount of income described in section 641(c) | 77597 |
| of the Internal Revenue Code to the extent that amount is not | 77598 |
| included in federal taxable income. | 77599 |
| (14) Add or deduct the amount the taxpayer would be required | 77600 |
| to add or deduct under division (A)(20) or (21) of this section if | 77601 |
| the taxpayer's Ohio taxable income were computed in the same | 77602 |
| manner as an individual's Ohio adjusted gross income is computed | 77603 |
| under this section. In the case of a trust, division (S)(14) of | 77604 |
| this section applies only to any of the trust's taxable years | 77605 |
|
beginning
in
2002 | 77606 |
| (T) "School district income" and "school district income tax" | 77607 |
| have the same meanings as in section 5748.01 of the Revised Code. | 77608 |
| (U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7) | 77609 |
| of this section, "public obligations," "purchase obligations," and | 77610 |
| "interest or interest equivalent" have the same meanings as in | 77611 |
| section 5709.76 of the Revised Code. | 77612 |
| (V) "Limited liability company" means any limited liability | 77613 |
| company formed under Chapter 1705. of the Revised Code or under | 77614 |
| the laws of any other state. | 77615 |
| (W) "Pass-through entity investor" means any person who, | 77616 |
| during any portion of a taxable year of a pass-through entity, is | 77617 |
| a partner, member, shareholder, or equity investor in that | 77618 |
| pass-through entity. | 77619 |
| (X) "Banking day" has the same meaning as in section 1304.01 | 77620 |
| of the Revised Code. | 77621 |
| (Y) "Month" means a calendar month. | 77622 |
| (Z) "Quarter" means the first three months, the second three | 77623 |
| months, the third three months, or the last three months of the | 77624 |
| taxpayer's taxable year. | 77625 |
| (AA)(1) "Eligible institution" means a state university or | 77626 |
| state institution of higher education as defined in section | 77627 |
| 3345.011 of the Revised Code, or a private, nonprofit college, | 77628 |
| university, or other post-secondary institution located in this | 77629 |
| state that possesses a certificate of authorization issued by the | 77630 |
| Ohio board of regents pursuant to Chapter 1713. of the Revised | 77631 |
| Code or a certificate of registration issued by the state board of | 77632 |
| career colleges and schools under Chapter 3332. of the Revised | 77633 |
| Code. | 77634 |
| (2) "Qualified tuition and fees" means tuition and fees | 77635 |
| imposed by an eligible institution as a condition of enrollment or | 77636 |
| attendance, not exceeding two thousand five hundred dollars in | 77637 |
| each of the individual's first two years of post-secondary | 77638 |
| education. If the individual is a part-time student, "qualified | 77639 |
| tuition and fees" includes tuition and fees paid for the academic | 77640 |
| equivalent of the first two years of post-secondary education | 77641 |
| during a maximum of five taxable years, not exceeding a total of | 77642 |
| five thousand dollars. "Qualified tuition and fees" does not | 77643 |
| include: | 77644 |
| (a) Expenses for any course or activity involving sports, | 77645 |
| games, or hobbies unless the course or activity is part of the | 77646 |
| individual's degree or diploma program; | 77647 |
| (b) The cost of books, room and board, student activity fees, | 77648 |
| athletic fees, insurance expenses, or other expenses unrelated to | 77649 |
| the individual's academic course of instruction; | 77650 |
| (c) Tuition, fees, or other expenses paid or reimbursed | 77651 |
| through an employer, scholarship, grant in aid, or other | 77652 |
| educational benefit program. | 77653 |
| (BB)(1) "Modified business income" means the business income | 77654 |
| included in a trust's Ohio taxable income after such taxable | 77655 |
| income is first reduced by the qualifying trust amount, if any. | 77656 |
| (2) "Qualifying trust amount" of a trust means capital gains | 77657 |
| and losses from the sale, exchange, or other disposition of equity | 77658 |
| or ownership interests in, or debt obligations of, a qualifying | 77659 |
| investee to the extent included in the trust's Ohio taxable | 77660 |
| income, but only if the following requirements are satisfied: | 77661 |
| (a) The book value of the qualifying investee's physical | 77662 |
| assets in this state and everywhere, as of the last day of the | 77663 |
| qualifying investee's fiscal or calendar year ending immediately | 77664 |
| prior to the date on which the trust recognizes the gain or loss, | 77665 |
| is available to the trust. | 77666 |
| (b) The requirements of section 5747.011 of the Revised Code | 77667 |
| are satisfied for the trust's taxable year in which the trust | 77668 |
| recognizes the gain or loss. | 77669 |
| Any gain or loss that is not a qualifying trust amount is | 77670 |
| modified business income, qualifying investment income, or | 77671 |
| modified nonbusiness income, as the case may be. | 77672 |
| (3) "Modified nonbusiness income" means a trust's Ohio | 77673 |
| taxable income other than modified business income, other than the | 77674 |
| qualifying trust amount, and other than qualifying investment | 77675 |
| income, as defined in section 5747.012 of the Revised Code, to the | 77676 |
| extent such qualifying investment income is not otherwise part of | 77677 |
| modified business income. | 77678 |
| (4) "Modified Ohio taxable income" applies only to trusts, | 77679 |
| and means the sum of the amounts described in divisions (BB)(4)(a) | 77680 |
| to (c) of this section: | 77681 |
| (a) The fraction, calculated under section 5747.013, and | 77682 |
| applying section 5747.231 of the Revised Code, multiplied by the | 77683 |
| sum of the following amounts: | 77684 |
| (i) The trust's modified business income; | 77685 |
| (ii) The trust's qualifying investment income, as defined in | 77686 |
| section 5747.012 of the Revised Code, but only to the extent the | 77687 |
| qualifying investment income does not otherwise constitute | 77688 |
| modified business income and does not otherwise constitute a | 77689 |
| qualifying trust amount. | 77690 |
| (b) The qualifying trust amount multiplied by a fraction, the | 77691 |
| numerator of which is the sum of the book value of the qualifying | 77692 |
| investee's physical assets in this state on the last day of the | 77693 |
| qualifying investee's fiscal or calendar year ending immediately | 77694 |
| prior to the day on which the trust recognizes the qualifying | 77695 |
| trust amount, and the denominator of which is the sum of the book | 77696 |
| value of the qualifying investee's total physical assets | 77697 |
| everywhere on the last day of the qualifying investee's fiscal or | 77698 |
| calendar year ending immediately prior to the day on which the | 77699 |
| trust recognizes the qualifying trust amount. If, for a taxable | 77700 |
| year, the trust recognizes a qualifying trust amount with respect | 77701 |
| to more than one qualifying investee, the amount described in | 77702 |
| division (BB)(4)(b) of this section shall equal the sum of the | 77703 |
| products so computed for each such qualifying investee. | 77704 |
| (c)(i) With respect to a trust or portion of a trust that is | 77705 |
| a resident as ascertained in accordance with division (I)(3)(d) of | 77706 |
| this section, its modified nonbusiness income. | 77707 |
| (ii) With respect to a trust or portion of a trust that is | 77708 |
| not a resident as ascertained in accordance with division | 77709 |
| (I)(3)(d) of this section, the amount of its modified nonbusiness | 77710 |
| income satisfying the descriptions in divisions (B)(2) to (5) of | 77711 |
| section 5747.20 of the Revised Code. | 77712 |
| If the allocation and apportionment of a trust's income under | 77713 |
| divisions (BB)(4)(a) and (c) of this section do not fairly | 77714 |
| represent the modified Ohio taxable income of the trust in this | 77715 |
| state, the alternative methods described in division (C) of | 77716 |
| section 5747.21 of the Revised Code may be applied in the manner | 77717 |
| and to the same extent provided in that section. | 77718 |
| (5)(a) Except as set forth in division (BB)(5)(b) of this | 77719 |
| section, "qualifying investee" means a person in which a trust has | 77720 |
| an equity or ownership interest, or a person or unit of government | 77721 |
| the debt obligations of either of which are owned by a trust. For | 77722 |
| the purposes of division (BB)(2)(a) of this section and for the | 77723 |
| purpose of computing the fraction described in division (BB)(4)(b) | 77724 |
| of this section, all of the following apply: | 77725 |
| (i) If the qualifying investee is a member of a qualifying | 77726 |
| controlled group on the last day of the qualifying investee's | 77727 |
| fiscal or calendar year ending immediately prior to the date on | 77728 |
| which the trust recognizes the gain or loss, then "qualifying | 77729 |
| investee" includes all persons in the qualifying controlled group | 77730 |
| on such last day. | 77731 |
| (ii) If the qualifying investee, or if the qualifying | 77732 |
| investee and any members of the qualifying controlled group of | 77733 |
| which the qualifying investee is a member on the last day of the | 77734 |
| qualifying investee's fiscal or calendar year ending immediately | 77735 |
| prior to the date on which the trust recognizes the gain or loss, | 77736 |
| separately or cumulatively own, directly or indirectly, on the | 77737 |
| last day of the qualifying investee's fiscal or calendar year | 77738 |
| ending immediately prior to the date on which the trust recognizes | 77739 |
| the qualifying trust amount, more than fifty per cent of the | 77740 |
| equity of a pass-through entity, then the qualifying investee and | 77741 |
| the other members are deemed to own the proportionate share of the | 77742 |
| pass-through entity's physical assets which the pass-through | 77743 |
| entity directly or indirectly owns on the last day of the | 77744 |
| pass-through entity's calendar or fiscal year ending within or | 77745 |
| with the last day of the qualifying investee's fiscal or calendar | 77746 |
| year ending immediately prior to the date on which the trust | 77747 |
| recognizes the qualifying trust amount. | 77748 |
| (iii) For the purposes of division (BB)(5)(a)(iii) of this | 77749 |
| section, "upper level pass-through entity" means a pass-through | 77750 |
| entity directly or indirectly owning any equity of another | 77751 |
| pass-through entity, and "lower level pass-through entity" means | 77752 |
| that other pass-through entity. | 77753 |
| An upper level pass-through entity, whether or not it is also | 77754 |
| a qualifying investee, is deemed to own, on the last day of the | 77755 |
| upper level pass-through entity's calendar or fiscal year, the | 77756 |
| proportionate share of the lower level pass-through entity's | 77757 |
| physical assets that the lower level pass-through entity directly | 77758 |
| or indirectly owns on the last day of the lower level pass-through | 77759 |
| entity's calendar or fiscal year ending within or with the last | 77760 |
| day of the upper level pass-through entity's fiscal or calendar | 77761 |
| year. If the upper level pass-through entity directly and | 77762 |
| indirectly owns less than fifty per cent of the equity of the | 77763 |
| lower level pass-through entity on each day of the upper level | 77764 |
| pass-through entity's calendar or fiscal year in which or with | 77765 |
| which ends the calendar or fiscal year of the lower level | 77766 |
| pass-through entity and if, based upon clear and convincing | 77767 |
| evidence, complete information about the location and cost of the | 77768 |
| physical assets of the lower pass-through entity is not available | 77769 |
| to the upper level pass-through entity, then solely for purposes | 77770 |
| of ascertaining if a gain or loss constitutes a qualifying trust | 77771 |
| amount, the upper level pass-through entity shall be deemed as | 77772 |
| owning no equity of the lower level pass-through entity for each | 77773 |
| day during the upper level pass-through entity's calendar or | 77774 |
| fiscal year in which or with which ends the lower level | 77775 |
| pass-through entity's calendar or fiscal year. Nothing in division | 77776 |
| (BB)(5)(a)(iii) of this section shall be construed to provide for | 77777 |
| any deduction or exclusion in computing any trust's Ohio taxable | 77778 |
| income. | 77779 |
| (b) With respect to a trust that is not a resident for the | 77780 |
| taxable year and with respect to a part of a trust that is not a | 77781 |
| resident for the taxable year, "qualifying investee" for that | 77782 |
| taxable year does not include a C corporation if both of the | 77783 |
| following apply: | 77784 |
| (i) During the taxable year the trust or part of the trust | 77785 |
| recognizes a gain or loss from the sale, exchange, or other | 77786 |
| disposition of equity or ownership interests in, or debt | 77787 |
| obligations of, the C corporation. | 77788 |
| (ii) Such gain or loss constitutes nonbusiness income. | 77789 |
| (6) "Available" means information is such that a person is | 77790 |
| able to learn of the information by the due date plus extensions, | 77791 |
| if any, for filing the return for the taxable year in which the | 77792 |
| trust recognizes the gain or loss. | 77793 |
| (CC) "Qualifying controlled group" has the same meaning as in | 77794 |
| section 5733.04 of the Revised Code. | 77795 |
| (DD) "Related member" has the same meaning as in section | 77796 |
| 5733.042 of the Revised Code. | 77797 |
| (EE) | 77798 |
| 77799 | |
| 77800 | |
| 77801 | |
| 77802 | |
| purposes of division (EE) of this section: | 77803 |
| (a) "Qualifying person" means any person other than a | 77804 |
| qualifying corporation. | 77805 |
| (b) "Qualifying corporation" means any person classified for | 77806 |
| federal income tax purposes as an association taxable as a | 77807 |
| corporation, except either of the following: | 77808 |
| (i) A corporation that has made an election under subchapter | 77809 |
| S, chapter one, subtitle A, of the Internal Revenue Code for its | 77810 |
| taxable year ending within, or on the last day of, the investor's | 77811 |
| taxable year; | 77812 |
| (ii) A subsidiary that is wholly owned by any corporation | 77813 |
| that has made an election under subchapter S, chapter one, | 77814 |
| subtitle A of the Internal Revenue Code for its taxable year | 77815 |
| ending within, or on the last day of, the investor's taxable year. | 77816 |
| (2) For the purposes of this chapter, unless expressly stated | 77817 |
| otherwise, no qualifying person indirectly owns any asset directly | 77818 |
| or indirectly owned by any qualifying corporation. | 77819 |
| Sec. 5747.012. This section applies for the purposes of | 77820 |
| divisions (BB)(3) and (BB)(4)(a)(ii) of section 5747.01 of the | 77821 |
| Revised Code. | 77822 |
| (A) As used in this section: | 77823 |
| (1)(a) Except as set forth in division (A)(1)(b) of this | 77824 |
| section, "qualifying investment income" means the portion of a | 77825 |
| qualifying investment pass-through entity's net income | 77826 |
| attributable to transaction fees in connection with the | 77827 |
| acquisition, ownership, or disposition of intangible property; | 77828 |
| loan fees; financing fees; consent fees; waiver fees; application | 77829 |
| fees; net management fees; dividend income; interest income; net | 77830 |
| capital gains from the sale or exchange or other disposition of | 77831 |
| intangible property; and all types and classifications of income | 77832 |
| attributable to distributive shares of income from other | 77833 |
| pass-through entities. | 77834 |
| (b)(i) Notwithstanding division (A)(1)(a) of this section, | 77835 |
| "qualifying investment income" does not include any part of the | 77836 |
| qualifying investment pass-through entity's net capital gain | 77837 |
| which, after the application of section 5747.231 of the Revised | 77838 |
| Code with respect to a trust, would also constitute a qualifying | 77839 |
| trust amount. | 77840 |
| (ii) Notwithstanding division (A)(1)(a) of this section, | 77841 |
| "qualifying investment income" does not include any part of the | 77842 |
| qualifying investment pass-through entity's net income | 77843 |
| attributable to the portion of a distributive share of income | 77844 |
| directly or indirectly from another pass-through entity to the | 77845 |
| extent such portion constitutes the other pass-through entity's | 77846 |
| net capital gain which, after the application of section 5747.231 | 77847 |
| of the Revised Code with respect to a trust, would also constitute | 77848 |
| a qualifying trust amount. | 77849 |
| (2) "Qualifying investment pass-through entity" means an | 77850 |
| investment pass-through entity, as defined in section 5733.401 of | 77851 |
| the Revised Code, subject to the following qualifications: | 77852 |
| (a) "Forty per cent" shall be substituted for "ninety per | 77853 |
| cent" wherever "ninety per cent" appears in section 5733.401 of | 77854 |
| the Revised Code. | 77855 |
| (b) The pass-through entity must have been formed or | 77856 |
| organized as an entity prior to June 5, 2002, and must exist as a | 77857 |
| pass-through entity for all of the taxable year of the trust. | 77858 |
| (c) The qualifying section 5747.012 trust or related persons | 77859 |
| to the qualifying section 5747.012 trust must directly or | 77860 |
| indirectly own at least five per cent of the equity of the | 77861 |
| investment pass-through entity each day of the entity's fiscal or | 77862 |
| calendar year ending within or with the last day of the qualifying | 77863 |
| section 5747.012 trust's taxable year; | 77864 |
| (d) During the investment pass-through entity's calendar or | 77865 |
| fiscal year ending within or with the last day of the qualifying | 77866 |
| section 5747.012 trust's taxable year, related persons of or to | 77867 |
| the qualifying section 5747.012 trust must, on each day of the | 77868 |
| investment pass-through entity's year, own directly, or own | 77869 |
| through equity investments in other pass-through entities, more | 77870 |
| than sixty per cent of the equity of the investment pass-through | 77871 |
| entity. | 77872 |
| (B) "Qualifying section 5747.012 trust" means a trust | 77873 |
| satisfying one of the following: | 77874 |
| (1) The trust was created prior to, and was irrevocable on, | 77875 |
| June 5, 2002; or | 77876 |
| (2) If the trust was created after June 4, 2002, or if the | 77877 |
| trust became irrevocable after June 4, 2002, then at least eighty | 77878 |
| per cent of the assets transferred to the trust must have been | 77879 |
| previously owned by related persons to the trust or by a trust | 77880 |
| created prior to June 5, 2002, under which the creator did not | 77881 |
| retain the power to change beneficiaries, amend the trust, or | 77882 |
| revoke the trust. For purposes of division (B)(2) of this section, | 77883 |
| the power to substitute property of equal value shall not be | 77884 |
| considered to be a power to change beneficiaries, amend the trust, | 77885 |
| or revoke the trust. | 77886 |
| (C) For the purposes of this section, "related persons" means | 77887 |
| the family of a qualifying individual beneficiary, as defined in | 77888 |
| division (A)(5) of section 5747.011 of the Revised Code. For the | 77889 |
| purposes of this division, "family" has the same meaning as in | 77890 |
| division (A)(6) of section 5747.011 of the Revised Code. | 77891 |
| (D) For the purposes of applying divisions (A)(2)(c), | 77892 |
| (A)(2)(d), and (B)(2) of this section, the related persons or the | 77893 |
| qualifying section 5747.012 trust, as the case may be, shall be | 77894 |
| deemed to own the equity of the investment pass-through entity | 77895 |
| after the application of division (B) of section 5747.011 of the | 77896 |
| Revised Code. | 77897 |
| (E) "Irrevocable" has the same meaning as in division | 77898 |
| (I)(3)(b) of section 5747.01 of the Revised Code. | 77899 |
| (F) Nothing in this section requires any item of income, | 77900 |
| gain, or loss not satisfying the definition of qualifying | 77901 |
| investment income to be treated as modified nonbusiness income. | 77902 |
| Any item of income, gain, or loss that is not qualifying | 77903 |
| investment income is modified business income, modified | 77904 |
| nonbusiness income, or a qualifying trust amount, as the case may | 77905 |
| be. | 77906 |
| Sec. 5747.02. (A) For the purpose of providing revenue for | 77907 |
| the support of schools and local government functions, to provide | 77908 |
| relief to property taxpayers, to provide revenue for the general | 77909 |
| revenue fund, and to meet the expenses of administering the tax | 77910 |
| levied by this chapter, there is hereby levied on every | 77911 |
| individual, trust, and estate residing in or earning or receiving | 77912 |
| income in this state, on every individual, trust, and estate | 77913 |
| earning or receiving lottery winnings, prizes, or awards pursuant | 77914 |
| to Chapter 3770. of the Revised Code, and on every individual, | 77915 |
| trust, and estate otherwise having nexus with or in this state | 77916 |
| under the Constitution of the United States, an annual tax | 77917 |
| measured in the case of individuals by Ohio adjusted gross income | 77918 |
| less an exemption for the taxpayer, the taxpayer's spouse, and | 77919 |
| each dependent as provided in section 5747.025 of the Revised | 77920 |
| Code; measured in the case of trusts by modified Ohio taxable | 77921 |
| income under division (D) of this section; and measured in the | 77922 |
| case of estates by Ohio taxable income. The tax imposed by this | 77923 |
| section on the balance thus obtained is hereby levied as follows: | 77924 |
| (1) For taxable years beginning in 2004: | 77925 |
| OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) | 77926 | ||
| OR | 77927 | ||
| MODIFIED OHIO | 77928 | ||
| TAXABLE INCOME (TRUSTS) | 77929 | ||
| OR | 77930 | ||
| OHIO TAXABLE INCOME (ESTATES) | TAX | 77931 |
| $5,000 or less | .743% | 77932 | ||
| More than $5,000 but not more than $10,000 | $37.15 plus 1.486% of the amount in excess of $5,000 | 77933 | ||
| More than $10,000 but not more than $15,000 | $111.45 plus 2.972% of the amount in excess of $10,000 | 77934 | ||
| More than $15,000 but not more than $20,000 | $260.05 plus 3.715% of the amount in excess of $15,000 | 77935 | ||
| More than $20,000 but not more than $40,000 | $445.80 plus 4.457% of the amount in excess of $20,000 | 77936 | ||
| More than $40,000 but not more than $80,000 | $1,337.20 plus 5.201% of the amount in excess of $40,000 | 77937 | ||
| More than $80,000 but not more than $100,000 | $3,417.60 plus 5.943% of the amount in excess of $80,000 | 77938 | ||
| More than $100,000 but not more than $200,000 | $4,606.20 plus 6.9% of the amount in excess of $100,000 | 77939 | ||
| More than $200,000 | $11,506.20 plus 7.5% of the amount in excess of $200,000 | 77940 |
| (2) For taxable years beginning in 2005: | 77941 |
| OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) | 77942 | ||
| OR | 77943 | ||
| MODIFIED OHIO | 77944 | ||
| TAXABLE INCOME (TRUSTS) | 77945 | ||
| OR | 77946 | ||
| OHIO TAXABLE INCOME (ESTATES) | TAX | 77947 |
| $5,000 or less | .712% | 77948 | ||
| More than $5,000 but not more than $10,000 | $35.60 plus 1.424% of the amount in excess of $5,000 | 77949 | ||
| More than $10,000 but not more than $15,000 | $106.80 plus 2.847% of the amount in excess of $10,000 | 77950 | ||
| More than $15,000 but not more than $20,000 | $249.15 plus 3.559% of the amount in excess of $15,000 | 77951 | ||
| More than $20,000 but not more than $40,000 | $427.10 plus 4.27% of the amount in excess of $20,000 | 77952 | ||
| More than $40,000 but not more than $80,000 | $1,281.10 plus 4.983% of the amount in excess of $40,000 | 77953 | ||
| More than $80,000 but not more than $100,000 | $3,274.30 plus 5.693% of the amount in excess of $80,000 | 77954 | ||
| More than $100,000 but not more than $200,000 | $4,412.90 plus 6.61% of the amount in excess of $100,000 | 77955 | ||
| More than $200,000 | $11,022.90 plus 7.185% of the amount in excess of $200,000 | 77956 |
| (3) For taxable years beginning in 2006: | 77957 |
| OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) | 77958 | ||
| OR | 77959 | ||
| MODIFIED OHIO | 77960 | ||
| TAXABLE INCOME (TRUSTS) | 77961 | ||
| OR | 77962 | ||
| OHIO TAXABLE INCOME (ESTATES) | TAX | 77963 |
| $5,000 or less | .681% | 77964 | ||
| More than $5,000 but not more than $10,000 | $34.05 plus 1.361% of the amount in excess of $5,000 | 77965 | ||
| More than $10,000 but not more than $15,000 | $102.10 plus 2.722% of the amount in excess of $10,000 | 77966 | ||
| More than $15,000 but not more than $20,000 | $238.20 plus 3.403% of the amount in excess of $15,000 | 77967 | ||
| More than $20,000 but not more than $40,000 | $408.35 plus 4.083% of the amount in excess of $20,000 | 77968 | ||
| More than $40,000 but not more than $80,000 | $1,224.95 plus 4.764% of the amount in excess of $40,000 | 77969 | ||
| More than $80,000 but not more than $100,000 | $3,130.55 plus 5.444% of the amount in excess of $80,000 | 77970 | ||
| More than $100,000 but not more than $200,000 | $4,219.35 plus 6.32% of the amount in excess of $100,000 | 77971 | ||
| More than $200,000 | $10,539.35 plus 6.87% of the amount in excess of $200,000 | 77972 |
| (4) For taxable years beginning in 2007: | 77973 |
| OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) | 77974 | ||
| OR | 77975 | ||
| MODIFIED OHIO | 77976 | ||
| TAXABLE INCOME (TRUSTS) | 77977 | ||
| OR | 77978 | ||
| OHIO TAXABLE INCOME (ESTATES) | TAX | 77979 |
| $5,000 or less | .649% | 77980 | ||
| More than $5,000 but not more than $10,000 | $32.45 plus 1.299% of the amount in excess of $5,000 | 77981 | ||
| More than $10,000 but not more than $15,000 | $97.40 plus 2.598% of the amount in excess of $10,000 | 77982 | ||
| More than $15,000 but not more than $20,000 | $227.30 plus 3.247% of the amount in excess of $15,000 | 77983 | ||
| More than $20,000 but not more than $40,000 | $389.65 plus 3.895% of the amount in excess of $20,000 | 77984 | ||
| More than $40,000 but not more than $80,000 | $1,168.65 plus 4.546% of the amount in excess of $40,000 | 77985 | ||
| More than $80,000 but not more than $100,000 | $2,987.05 plus 5.194% of the amount in excess of $80,000 | 77986 | ||
| More than $100,000 but not more than $200,000 | $4,025.85 plus 6.031% of the amount in excess of $100,000 | 77987 | ||
| More than $200,000 | $10,056.85 plus 6.555% of the amount in excess of $200,000 | 77988 |
| (5) For taxable years beginning in 2008: | 77989 |
| OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) | 77990 | ||
| OR | 77991 | ||
| MODIFIED OHIO | 77992 | ||
| TAXABLE INCOME (TRUSTS) | 77993 | ||
| OR | 77994 | ||
| OHIO TAXABLE INCOME (ESTATES) | TAX | 77995 |
| $5,000 or less | .618% | 77996 | ||
| More than $5,000 but not more than $10,000 | $30.90 plus 1.236% of the amount in excess of $5,000 | 77997 | ||
| More than $10,000 but not more than $15,000 | $92.70 plus 2.473% of the amount in excess of $10,000 | 77998 | ||
| More than $15,000 but not more than $20,000 | $216.35 plus 3.091% of the amount in excess of $15,000 | 77999 | ||
| More than $20,000 but not more than $40,000 | $370.90 plus 3.708% of the amount in excess of $20,000 | 78000 | ||
| More than $40,000 but not more than $80,000 | $1,112.50 plus 4.327% of the amount in excess of $40,000 | 78001 | ||
| More than $80,000 but not more than $100,000 | $2,843.30 plus 4.945% of the amount in excess of $80,000 | 78002 | ||
| More than $100,000 but not more than $200,000 | $3,832.30 plus 5.741% of the amount in excess of $100,000 | 78003 | ||
| More than $200,000 | $9,573.30 plus 6.24% of the amount in excess of $200,000 | 78004 |
| (6) For taxable years beginning in 2009 or thereafter: | 78005 |
| OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS) | 78006 | ||
| OR | 78007 | ||
| MODIFIED OHIO | 78008 | ||
| TAXABLE INCOME (TRUSTS) | 78009 | ||
| OR | 78010 | ||
| OHIO TAXABLE INCOME (ESTATES) | TAX | 78011 |
| $5,000 or less | .587% | 78012 | ||
| More than $5,000 but not more than $10,000 | $29.35 plus 1.174% of the amount in excess of $5,000 | 78013 | ||
| More than $10,000 but not more than $15,000 | $88.05 plus 2.348% of the amount in excess of $10,000 | 78014 | ||
| More than $15,000 but not more than $20,000 | $205.45 plus 2.935% of the amount in excess of $15,000 | 78015 | ||
| More than $20,000 but not more than $40,000 | $352.20 plus 3.521% of the amount in excess of $20,000 | 78016 | ||
| More than $40,000 but not more than $80,000 | $1,056.40 plus 4.109% of the amount in excess of $40,000 | 78017 | ||
| More than $80,000 but not more than $100,000 | $2,700.00 plus 4.695% of the amount in excess of $80,000 | 78018 | ||
| More than $100,000 but not more than $200,000 | $3,639.00 plus 5.451% of the amount in excess of $100,000 | 78019 | ||
| More than $200,000 | $9,090.00 plus 5.925% of the amount in excess of $200,000 | 78020 |
| In July of each year, beginning in | 78021 |
| commissioner shall adjust the income amounts prescribed in this | 78022 |
| division by multiplying the percentage increase in the gross | 78023 |
| domestic product deflator computed that year under section | 78024 |
| 5747.025 of the Revised Code by each of the income amounts | 78025 |
| resulting from the adjustment under this division in the preceding | 78026 |
| year, adding the resulting product to the corresponding income | 78027 |
| amount resulting from the adjustment in the preceding year, and | 78028 |
| rounding the resulting sum to the nearest multiple of fifty | 78029 |
| dollars. The tax commissioner also shall recompute each of the tax | 78030 |
| dollar amounts to the extent necessary to reflect the adjustment | 78031 |
| of the income amounts. The rates of taxation shall not be | 78032 |
| adjusted. | 78033 |
| The adjusted amounts apply to taxable years beginning in the | 78034 |
| calendar year in which the adjustments are made. The tax | 78035 |
| commissioner shall not make such adjustments in any year in which | 78036 |
| the amount resulting from the adjustment would be less than the | 78037 |
| amount resulting from the adjustment in the preceding year. | 78038 |
| (B) If the director of budget and management makes a | 78039 |
| certification to the tax commissioner under division (B) of | 78040 |
| section 131.44 of the Revised Code, the amount of tax as | 78041 |
| determined under division (A) of this section shall be reduced by | 78042 |
| the percentage prescribed in that certification for taxable years | 78043 |
| beginning in the calendar year in which that certification is | 78044 |
| made. | 78045 |
| (C) The levy of this tax on income does not prevent a | 78046 |
| municipal corporation, a joint economic development zone created | 78047 |
| under section 715.691, or a joint economic development district | 78048 |
| created under section 715.70 or 715.71 or sections 715.72 to | 78049 |
| 715.81 of the Revised Code from levying a tax on income. | 78050 |
| (D) This division applies only to taxable years of a trust | 78051 |
| beginning in 2002 | 78052 |
| (1) The tax imposed by this section on a trust shall be | 78053 |
| computed by multiplying the Ohio modified taxable income of the | 78054 |
| trust by the rates prescribed by division (A) of this section. | 78055 |
| (2) A credit is allowed against the tax computed under | 78056 |
| division (D) of this section equal to the lesser of (1) the tax | 78057 |
| paid to another state or the District of Columbia on the trust's | 78058 |
| modified nonbusiness income, other than the portion of the trust's | 78059 |
| nonbusiness income that is qualifying investment income as defined | 78060 |
| in section 5747.012 of the Revised Code, or (2) the effective tax | 78061 |
| rate, based on modified Ohio taxable income, multiplied by the | 78062 |
| trust's modified nonbusiness income other than the portion of | 78063 |
| trust's nonbusiness income that is qualifying investment income. | 78064 |
| The credit applies before any other applicable credits. | 78065 |
| (3) The credits enumerated in divisions (A)(1) to (13) of | 78066 |
| section 5747.98 of the Revised Code do not apply to a trust | 78067 |
| subject to this division. Any credits enumerated in other | 78068 |
| divisions of section 5747.98 of the Revised Code apply to a trust | 78069 |
| subject to this division. To the extent that the trust distributes | 78070 |
| income for the taxable year for which a credit is available to the | 78071 |
| trust, the credit shall be shared by the trust and its | 78072 |
| beneficiaries. The tax commissioner and the trust shall be guided | 78073 |
| by applicable regulations of the United States treasury regarding | 78074 |
| the sharing of credits. | 78075 |
| (E) For the purposes of this section, "trust" means any trust | 78076 |
| described in Subchapter J of Chapter 1 of the Internal Revenue | 78077 |
| Code, excluding trusts that are not irrevocable as defined in | 78078 |
| division (I)(3)(b) of section 5747.01 of the Revised Code and that | 78079 |
| have no modified Ohio taxable income for the taxable year, | 78080 |
| charitable remainder trusts, qualified funeral trusts and preneed | 78081 |
| funeral contract trusts established pursuant to section 1111.19 of | 78082 |
| the Revised Code that are not qualified funeral trusts, endowment | 78083 |
| and perpetual care trusts, qualified settlement trusts and funds, | 78084 |
| designated settlement trusts and funds, and trusts exempted from | 78085 |
| taxation under section 501(a) of the Internal Revenue Code. | 78086 |
| Sec. 5747.05. As used in this section, "income tax" includes | 78087 |
| both a tax on net income and a tax measured by net income. | 78088 |
| The following credits shall be allowed against the income tax | 78089 |
| imposed by section 5747.02 of the Revised Code on individuals and | 78090 |
| estates: | 78091 |
| (A)(1) The amount of tax otherwise due under section 5747.02 | 78092 |
| of the Revised Code on such portion of the adjusted gross income | 78093 |
| of any nonresident taxpayer that is not allocable to this state | 78094 |
| pursuant to sections 5747.20 to 5747.23 of the Revised Code; | 78095 |
| (2) The credit provided under this division shall not exceed | 78096 |
| the portion of the total tax due under section 5747.02 of the | 78097 |
| Revised Code that the amount of the nonresident taxpayer's | 78098 |
| adjusted gross income not allocated to this state pursuant to | 78099 |
| sections 5747.20 to 5747.23 of the Revised Code bears to the total | 78100 |
| adjusted gross income of the nonresident taxpayer derived from all | 78101 |
| sources everywhere. | 78102 |
| (3) The tax commissioner may enter into an agreement with the | 78103 |
| taxing authorities of any state or of the District of Columbia | 78104 |
| that imposes an income tax to provide that compensation paid in | 78105 |
| this state to a nonresident taxpayer shall not be subject to the | 78106 |
| tax levied in section 5747.02 of the Revised Code so long as | 78107 |
| compensation paid in such other state or in the District of | 78108 |
| Columbia to a resident taxpayer shall likewise not be subject to | 78109 |
| the income tax of such other state or of the District of Columbia. | 78110 |
| (B) The lesser of division (B)(1) or (2) of this section: | 78111 |
| (1) The amount of tax otherwise due under section 5747.02 of | 78112 |
| the Revised Code on such portion of the adjusted gross income of a | 78113 |
| resident taxpayer that in another state or in the District of | 78114 |
| Columbia is subjected to an income tax. The credit provided under | 78115 |
| division (B)(1) of this section shall not exceed the portion of | 78116 |
| the total tax due under section 5747.02 of the Revised Code that | 78117 |
| the amount of the resident taxpayer's adjusted gross income | 78118 |
| subjected to an income tax in the other state or in the District | 78119 |
| of Columbia bears to the total adjusted gross income of the | 78120 |
| resident taxpayer derived from all sources everywhere. | 78121 |
| (2) The amount of income tax liability to another state or | 78122 |
| the District of Columbia on the portion of the adjusted gross | 78123 |
| income of a resident taxpayer that in another state or in the | 78124 |
| District of Columbia is subjected to an income tax. The credit | 78125 |
| provided under division (B)(2) of this section shall not exceed | 78126 |
| the amount of tax otherwise due under section 5747.02 of the | 78127 |
| Revised Code. | 78128 |
| (3) If the credit provided under division (B) of this section | 78129 |
| is affected by a change in either the portion of adjusted gross | 78130 |
| income of a resident taxpayer subjected to an income tax in | 78131 |
| another state or the District of Columbia or the amount of income | 78132 |
| tax liability that has been paid to another state or the District | 78133 |
| of Columbia, the taxpayer shall report the change to the tax | 78134 |
| commissioner within sixty days of the change in such form as the | 78135 |
| commissioner requires. | 78136 |
| (a) In the case of an underpayment, the report shall be | 78137 |
| accompanied by payment of any additional tax due as a result of | 78138 |
| the reduction in credit together with interest on the additional | 78139 |
| tax and is a return subject to assessment under section 5747.13 of | 78140 |
| the Revised Code solely for the purpose of assessing any | 78141 |
| additional tax due under this division, together with any | 78142 |
| applicable penalty and interest. It shall not reopen the | 78143 |
| computation of the taxpayer's tax liability under this chapter | 78144 |
| from a previously filed return no longer subject to assessment | 78145 |
| except to the extent that such liability is affected by an | 78146 |
| adjustment to the credit allowed by division (B) of this section. | 78147 |
| (b) In the case of an overpayment, an application for refund | 78148 |
| may be filed under this division within the sixty day period | 78149 |
| prescribed for filing the report even if it is beyond the period | 78150 |
| prescribed in section 5747.11 of the Revised Code if it otherwise | 78151 |
| conforms to the requirements of such section. An application filed | 78152 |
| under this division shall only claim refund of overpayments | 78153 |
| resulting from an adjustment to the credit allowed by division (B) | 78154 |
| of this section unless it is also filed within the time prescribed | 78155 |
| in section 5747.11 of the Revised Code. It shall not reopen the | 78156 |
| computation of the taxpayer's tax liability except to the extent | 78157 |
| that such liability is affected by an adjustment to the credit | 78158 |
| allowed by division (B) of this section. | 78159 |
| (4) No credit shall be allowed under division (B) of this | 78160 |
| section to the extent that for any taxable year the taxpayer has | 78161 |
| directly or indirectly deducted, or was required to directly or | 78162 |
| indirectly deduct, the amount of income tax liability to another | 78163 |
| state or the District of Columbia in computing federal adjusted | 78164 |
| gross income. | 78165 |
| (C) For a taxpayer sixty-five years of age or older during | 78166 |
| the taxable year, a credit for such year equal to fifty dollars | 78167 |
| for each return required to be filed under section 5747.08 of the | 78168 |
| Revised Code. | 78169 |
| (D) A taxpayer sixty-five years of age or older during the | 78170 |
| taxable year who has received a lump-sum distribution from a | 78171 |
| pension, retirement, or profit-sharing plan in the taxable year | 78172 |
| may elect to receive a credit under this division in lieu of the | 78173 |
| credit to which the taxpayer is entitled under division (C) of | 78174 |
| this section. A taxpayer making such election shall receive a | 78175 |
| credit for the taxable year equal to fifty dollars times the | 78176 |
| taxpayer's expected remaining life as shown by annuity tables | 78177 |
| issued under the provisions of the Internal Revenue Code and in | 78178 |
| effect for the calendar year which includes the last day of the | 78179 |
| taxable year. A taxpayer making an election under this division is | 78180 |
| not entitled to the credit authorized under division (C) of this | 78181 |
| section in subsequent taxable years except that if such election | 78182 |
| was made prior to July 1, 1983, the taxpayer is entitled to | 78183 |
| one-half the credit authorized under such division in subsequent | 78184 |
| taxable years but may not make another election under this | 78185 |
| division. | 78186 |
| (E) A taxpayer who is not sixty-five years of age or older | 78187 |
| during the taxable year who has received a lump-sum distribution | 78188 |
| from a pension, retirement, or profit-sharing plan in a taxable | 78189 |
| year ending on or before July 31, 1991, may elect to take a credit | 78190 |
| against the tax otherwise due under this chapter for such year | 78191 |
| equal to fifty dollars times the expected remaining life of a | 78192 |
| taxpayer sixty-five years of age as shown by annuity tables issued | 78193 |
| under the provisions of the Internal Revenue Code and in effect | 78194 |
| for the calendar year which includes the last day of the taxable | 78195 |
| year. A taxpayer making an election under this division is not | 78196 |
| entitled to a credit under division (C) or (D) of this section in | 78197 |
| any subsequent year except that if such election was made prior to | 78198 |
| July 1, 1983, the taxpayer is entitled to one-half the credit | 78199 |
| authorized under division (C) of this section in subsequent years | 78200 |
| but may not make another election under this division. No taxpayer | 78201 |
| may make an election under this division for a taxable year ending | 78202 |
| on or after August 1, 1991. | 78203 |
| (F) A taxpayer making an election under either division (D) | 78204 |
| or (E) of this section may make only one such election in the | 78205 |
| taxpayer's lifetime. | 78206 |
| (G)(1) On a joint return filed by a husband and wife, each of | 78207 |
| whom had adjusted gross income of at least five hundred dollars, | 78208 |
| exclusive of interest, dividends and distributions, royalties, | 78209 |
| rent, and capital gains, a credit equal to the percentage shown in | 78210 |
| the table contained in this division of the amount of tax due | 78211 |
| after allowing for any other credit that precedes the credit under | 78212 |
| this division in the order required under section 5747.98 of the | 78213 |
| Revised Code. | 78214 |
| (2) The credit to which a taxpayer is entitled under this | 78215 |
| division in any taxable year is the percentage shown in column B | 78216 |
| that corresponds with the taxpayer's adjusted gross income, less | 78217 |
| exemptions for the taxable year: | 78218 |
| A. | B. | 78219 |
| IF THE ADJUSTED GROSS INCOME, LESS EXEMPTIONS, FOR THE TAX YEAR IS: | THE CREDIT FOR THE TAXABLE YEAR IS: | 78220 |
| $25,000 or less | 20% | 78221 | ||
| More than $25,000 but not more than $50,000 | 15% | 78222 | ||
| More than $50,000 but not more than $75,000 | 10% | 78223 | ||
| More than $75,000 | 5% | 78224 |
| (3) The credit allowed under this division shall not exceed | 78225 |
| six hundred fifty dollars in any taxable year. | 78226 |
| (H) No claim for credit under this section shall be allowed | 78227 |
| unless the claimant furnishes such supporting information as the | 78228 |
| tax commissioner prescribes by rules. Each credit under this | 78229 |
| section shall be claimed in the order required under section | 78230 |
| 5747.98 of the Revised Code. | 78231 |
| (I) An individual who is a resident for part of a taxable | 78232 |
| year and a nonresident for the remainder of the taxable year is | 78233 |
| allowed the credits under divisions (A) and (B) of this section in | 78234 |
| accordance with rules prescribed by the tax commissioner. In no | 78235 |
| event shall the same income be subject to both credits. | 78236 |
| (J) The credit allowed under division (A) of this section | 78237 |
| shall be calculated based upon the amount of tax due under section | 78238 |
| 5747.02 of the Revised Code after subtracting any other credits | 78239 |
| that precede the credit under that division in the order required | 78240 |
| under section 5747.98 of the Revised Code. The credit allowed | 78241 |
| under division (B) of this section shall be calculated based upon | 78242 |
| the amount of tax due under section 5747.02 of the Revised Code | 78243 |
| after subtracting any other credits that precede the credit under | 78244 |
| that division in the order required under section 5747.98 of the | 78245 |
| Revised Code. | 78246 |
| (K) No credit shall be allowed under division (B) of this | 78247 |
| section unless the taxpayer furnishes such proof as the tax | 78248 |
| commissioner shall require that the income tax liability has been | 78249 |
| paid to another state or the District of Columbia. | 78250 |
| (L) No credit shall be allowed under division (B) of this | 78251 |
| section for compensation that is not subject to the income tax of | 78252 |
| another state or the District of Columbia as the result of an | 78253 |
| agreement entered into by the tax commissioner under division | 78254 |
| (A)(3) of this section. | 78255 |
| Sec. 5747.056. For taxable years beginning in 2005 or | 78256 |
| thereafter, a credit shall be allowed against the tax imposed by | 78257 |
| section 5747.02 of the Revised Code for an individual whose Ohio | 78258 |
| adjusted gross income less exemptions is ten thousand dollars or | 78259 |
| less. For taxable years beginning in 2005, the credit shall equal | 78260 |
| one hundred seven dollars. For taxable years beginning in 2006, | 78261 |
| the credit shall equal one hundred two dollars. For taxable years | 78262 |
| beginning in 2007, the credit shall equal ninety-eight dollars. | 78263 |
| For taxable years beginning in 2008, the credit shall equal | 78264 |
| ninety-three dollars. For taxable years beginning in 2009 or | 78265 |
| thereafter, the credit shall equal eighty-eight dollars. The | 78266 |
| credit shall be claimed in the order required under section | 78267 |
| 5747.98 of the Revised Code. | 78268 |
| Sec. 5747.08. An annual return with respect to the tax | 78269 |
| imposed by section 5747.02 of the Revised Code and each tax | 78270 |
| imposed under Chapter 5748. of the Revised Code shall be made by | 78271 |
| every taxpayer for any taxable year for which the taxpayer is | 78272 |
| liable for the tax imposed by that section or under that chapter, | 78273 |
| unless the total credits allowed under divisions (E), (F), and (G) | 78274 |
| of section 5747.05 of the Revised Code for the year are equal to | 78275 |
| or exceed the tax imposed by section 5747.02 of the Revised Code, | 78276 |
| in which case no return shall be required unless the taxpayer is | 78277 |
| liable for a tax imposed pursuant to Chapter 5748. of the Revised | 78278 |
| Code. | 78279 |
| (A) If an individual is deceased, any return or notice | 78280 |
| required of that individual under this chapter shall be made and | 78281 |
| filed by that decedent's executor, administrator, or other person | 78282 |
| charged with the property of that decedent. | 78283 |
| (B) If an individual is unable to make a return or notice | 78284 |
| required by this chapter, the return or notice required of that | 78285 |
| individual shall be made and filed by the individual's duly | 78286 |
| authorized agent, guardian, conservator, fiduciary, or other | 78287 |
| person charged with the care of the person or property of that | 78288 |
| individual. | 78289 |
| (C) Returns or notices required of an estate or a trust shall | 78290 |
| be made and filed by the fiduciary of the estate or trust. | 78291 |
| (D)(1)(a) Except as otherwise provided in division (D)(1)(b) | 78292 |
| of this section, any pass-through entity may file a single return | 78293 |
| on behalf of one or more of the entity's investors other than an | 78294 |
| investor that is a person subject to the tax imposed under section | 78295 |
| 5733.06 of the Revised Code. The single return shall set forth the | 78296 |
| name, address, and social security number or other identifying | 78297 |
| number of each of those pass-through entity investors and shall | 78298 |
| indicate the distributive share of each of those pass-through | 78299 |
| entity investor's income taxable in this state in accordance with | 78300 |
| sections 5747.20 to 5747.231 of the Revised Code. Such | 78301 |
| pass-through entity investors for whom the pass-through entity | 78302 |
| elects to file a single return are not entitled to the exemption | 78303 |
| or credit provided for by sections 5747.02 and 5747.022 of the | 78304 |
| Revised Code; shall calculate the tax before business credits at | 78305 |
| the highest rate of tax set forth in section 5747.02 of the | 78306 |
| Revised Code for the taxable year for which the return is filed; | 78307 |
| and are entitled to only their distributive share of the business | 78308 |
| credits as defined in division (D)(2) of this section. A single | 78309 |
| check drawn by the pass-through entity shall accompany the return | 78310 |
| in full payment of the tax due, as shown on the single return, for | 78311 |
| such investors, other than investors who are persons subject to | 78312 |
| the tax imposed under section 5733.06 of the Revised Code. | 78313 |
| (b)(i) A pass-through entity shall not include in such a | 78314 |
| single return any investor that is a trust to the extent that any | 78315 |
| direct or indirect current, future, or contingent beneficiary of | 78316 |
| the trust is a person subject to the tax imposed under section | 78317 |
| 5733.06 of the Revised Code. | 78318 |
| (ii) A pass-through entity shall not include in such a single | 78319 |
| return any investor that is itself a pass-through entity to the | 78320 |
| extent that any direct or indirect investor in the second | 78321 |
| pass-through entity is a person subject to the tax imposed under | 78322 |
| section 5733.06 of the Revised Code. | 78323 |
| (c) Nothing in division (D) of this section precludes the tax | 78324 |
| commissioner from requiring such investors to file the return and | 78325 |
| make the payment of taxes and related interest, penalty, and | 78326 |
| interest penalty required by this section or section 5747.02, | 78327 |
| 5747.09, or 5747.15 of the Revised Code. Nothing in division (D) | 78328 |
| of this section shall be construed to provide to such an investor | 78329 |
| or pass-through entity any additional deduction or credit, other | 78330 |
| than the credit provided by division (J) of this section, solely | 78331 |
| on account of the entity's filing a return in accordance with this | 78332 |
| section. Such a pass-through entity also shall make the filing and | 78333 |
| payment of estimated taxes on behalf of the pass-through entity | 78334 |
| investors other than an investor that is a person subject to the | 78335 |
| tax imposed under section 5733.06 of the Revised Code. | 78336 |
| (2) For the purposes of this section, "business credits" | 78337 |
| means the credits listed in section 5747.98 of the Revised Code | 78338 |
| excluding the following credits: | 78339 |
| (a) The retirement credit under division (B) of section | 78340 |
| 5747.055 of the Revised Code; | 78341 |
| (b) The senior citizen credit under division (C) of section | 78342 |
| 5747.05 of the Revised Code; | 78343 |
| (c) The lump sum distribution credit under division (D) of | 78344 |
| section 5747.05 of the Revised Code; | 78345 |
| (d) The dependent care credit under section 5747.054 of the | 78346 |
| Revised Code; | 78347 |
| (e) The lump sum retirement income credit under division (C) | 78348 |
| of section 5747.055 of the Revised Code; | 78349 |
| (f) The lump sum retirement income credit under division (D) | 78350 |
| of section 5747.055 of the Revised Code; | 78351 |
| (g) The lump sum retirement income credit under division (E) | 78352 |
| of section 5747.055 of the Revised Code; | 78353 |
| (h) The credit for displaced workers who pay for job training | 78354 |
| under section 5747.27 of the Revised Code; | 78355 |
| (i) The twenty-dollar personal exemption credit under section | 78356 |
| 5747.022 of the Revised Code; | 78357 |
| (j) The joint filing credit under division (G) of section | 78358 |
| 5747.05 of the Revised Code; | 78359 |
| (k) The nonresident credit under division (A) of section | 78360 |
| 5747.05 of the Revised Code; | 78361 |
| (l) The credit for a resident's out-of-state income under | 78362 |
| division (B) of section 5747.05 of the Revised Code; | 78363 |
| (m) The low-income credit under section 5747.056 of the | 78364 |
| Revised Code. | 78365 |
| (3) The election provided for under division (D) of this | 78366 |
| section applies only to the taxable year for which the election is | 78367 |
| made by the pass-through entity. Unless the tax commissioner | 78368 |
| provides otherwise, this election, once made, is binding and | 78369 |
| irrevocable for the taxable year for which the election is made. | 78370 |
| Nothing in this division shall be construed to provide for any | 78371 |
| deduction or credit that would not be allowable if a nonresident | 78372 |
| pass-through entity investor were to file an annual return. | 78373 |
| (4) If a pass-through entity makes the election provided for | 78374 |
| under division (D) of this section, the pass-through entity shall | 78375 |
| be liable for any additional taxes, interest, interest penalty, or | 78376 |
| penalties imposed by this chapter if the commissioner finds that | 78377 |
| the single return does not reflect the correct tax due by the | 78378 |
| pass-through entity investors covered by that return. Nothing in | 78379 |
| this division shall be construed to limit or alter the liability, | 78380 |
| if any, imposed on pass-through entity investors for unpaid or | 78381 |
| underpaid taxes, interest, interest penalty, or penalties as a | 78382 |
| result of the pass-through entity's making the election provided | 78383 |
| for under division (D) of this section. For the purposes of | 78384 |
| division (D) of this section, "correct tax due" means the tax that | 78385 |
| would have been paid by the pass-through entity had the single | 78386 |
| return been filed in a manner reflecting the commissioner's | 78387 |
| findings. Nothing in division (D) of this section shall be | 78388 |
| construed to make or hold a pass-through entity liable for tax | 78389 |
| attributable to a pass-through entity investor's income from a | 78390 |
| source other than the pass-through entity electing to file the | 78391 |
| single return. | 78392 |
| (E) If a husband and wife file a joint federal income tax | 78393 |
| return for a taxable year, they shall file a joint return under | 78394 |
| this section for that taxable year, and their liabilities are | 78395 |
| joint and several, but, if the federal income tax liability of | 78396 |
| either spouse is determined on a separate federal income tax | 78397 |
| return, they shall file separate returns under this section. | 78398 |
| If either spouse is not required to file a federal income tax | 78399 |
| return and either or both are required to file a return pursuant | 78400 |
| to this chapter, they may elect to file separate or joint returns, | 78401 |
| and, pursuant to that election, their liabilities are separate or | 78402 |
| joint and several. If a husband and wife file separate returns | 78403 |
| pursuant to this chapter, each must claim the taxpayer's own | 78404 |
| exemption, but not both, as authorized under section 5747.02 of | 78405 |
| the Revised Code on the taxpayer's own return. | 78406 |
| (F) Each return or notice required to be filed under this | 78407 |
| section shall contain the signature of the taxpayer or the | 78408 |
| taxpayer's duly authorized agent and of the person who prepared | 78409 |
| the return for the taxpayer, and shall include the taxpayer's | 78410 |
| social security number. Each return shall be verified by a | 78411 |
| declaration under the penalties of perjury. The tax commissioner | 78412 |
| shall prescribe the form that the signature and declaration shall | 78413 |
| take. | 78414 |
| (G) Each return or notice required to be filed under this | 78415 |
| section shall be made and filed as required by section 5747.04 of | 78416 |
| the Revised Code, on or before the fifteenth day of April of each | 78417 |
| year, on forms that the tax commissioner shall prescribe, together | 78418 |
| with remittance made payable to the treasurer of state in the | 78419 |
| combined amount of the state and all school district income taxes | 78420 |
| shown to be due on the form, unless the combined amount shown to | 78421 |
| be due is one dollar or less, in which case that amount need not | 78422 |
| be remitted. | 78423 |
| Upon good cause shown, the commissioner may extend the period | 78424 |
| for filing any notice or return required to be filed under this | 78425 |
| section and may adopt rules relating to extensions. If the | 78426 |
| extension results in an extension of time for the payment of any | 78427 |
| state or school district income tax liability with respect to | 78428 |
| which the return is filed, the taxpayer shall pay at the time the | 78429 |
| tax liability is paid an amount of interest computed at the rate | 78430 |
| per annum prescribed by section 5703.47 of the Revised Code on | 78431 |
| that liability from the time that payment is due without extension | 78432 |
| to the time of actual payment. Except as provided in section | 78433 |
| 5747.132 of the Revised Code, in addition to all other interest | 78434 |
| charges and penalties, all taxes imposed under this chapter or | 78435 |
| Chapter 5748. of the Revised Code and remaining unpaid after they | 78436 |
| become due, except combined amounts due of one dollar or less, | 78437 |
| bear interest at the rate per annum prescribed by section 5703.47 | 78438 |
| of the Revised Code until paid or until the day an assessment is | 78439 |
| issued under section 5747.13 of the Revised Code, whichever occurs | 78440 |
| first. | 78441 |
| If the commissioner considers it necessary in order to ensure | 78442 |
| the payment of the tax imposed by section 5747.02 of the Revised | 78443 |
| Code or any tax imposed under Chapter 5748. of the Revised Code, | 78444 |
| the commissioner may require returns and payments to be made | 78445 |
| otherwise than as provided in this section. | 78446 |
| (H) If any report, claim, statement, or other document | 78447 |
| required to be filed, or any payment required to be made, within a | 78448 |
| prescribed period or on or before a prescribed date under this | 78449 |
| chapter is delivered after that period or that date by United | 78450 |
| States mail to the agency, officer, or office with which the | 78451 |
| report, claim, statement, or other document is required to be | 78452 |
| filed, or to which the payment is required to be made, the date of | 78453 |
| the postmark stamped on the cover in which the report, claim, | 78454 |
| statement, or other document, or payment is mailed shall be deemed | 78455 |
| to be the date of delivery or the date of payment. | 78456 |
| If a payment is required to be made by electronic funds | 78457 |
| transfer pursuant to section 5747.072 of the Revised Code, the | 78458 |
| payment is considered to be made when the payment is received by | 78459 |
| the treasurer of state or credited to an account designated by the | 78460 |
| treasurer of state for the receipt of tax payments. | 78461 |
| "The date of the postmark" means, in the event there is more | 78462 |
| than one date on the cover, the earliest date imprinted on the | 78463 |
| cover by the United States postal service. | 78464 |
| (I) The amounts withheld by the employer pursuant to section | 78465 |
| 5747.06 of the Revised Code shall be allowed to the recipient of | 78466 |
| the compensation as credits against payment of the appropriate | 78467 |
| taxes imposed on the recipient by section 5747.02 and under | 78468 |
| Chapter 5748. of the Revised Code. | 78469 |
| (J) If, in accordance with division (D) of this section, a | 78470 |
| pass-through entity elects to file a single return and if any | 78471 |
| investor is required to file the return and make the payment of | 78472 |
| taxes required by this chapter on account of the investor's other | 78473 |
| income that is not included in a single return filed by a | 78474 |
| pass-through entity, the investor is entitled to a refundable | 78475 |
| credit equal to the investor's proportionate share of the tax paid | 78476 |
| by the pass-through entity on behalf of the investor. The investor | 78477 |
| shall claim the credit for the investor's taxable year in which or | 78478 |
| with which ends the taxable year of the pass-through entity. | 78479 |
| Nothing in this chapter shall be construed to allow any credit | 78480 |
| provided in this chapter to be claimed more than once. For the | 78481 |
| purposes of computing any interest, penalty, or interest penalty, | 78482 |
| the investor shall be deemed to have paid the refundable credit | 78483 |
| provided by this division on the day that the pass-through entity | 78484 |
| paid the estimated tax or the tax giving rise to the credit. | 78485 |
| Sec. 5747.212. (A) This section applies solely for the | 78486 |
| purpose of computing the credit allowed under division (A) of | 78487 |
| section 5747.05 of the Revised Code, computing income taxable in | 78488 |
| this state under division (D) of section 5747.08 of the Revised | 78489 |
| Code, and computing the credit allowed under section 5747.057 of | 78490 |
| the Revised Code. | 78491 |
| (B) A | 78492 |
| directly or indirectly, owning at any time during the three-year | 78493 |
| period ending on the last day of the taxpayer's taxable year at | 78494 |
| least twenty per cent of the | 78495 |
| a section 5747.212 entity | 78496 |
| 78497 | |
| any income, including gain
or loss, realized from | 78498 |
| exchange, or other disposition of
a debt or equity interest in | 78499 |
| that entity as prescribed in this section. For such purposes, in | 78500 |
| lieu of using the method prescribed by sections 5747.20 and | 78501 |
| 5747.21 of the Revised Code, the investor shall apportion the | 78502 |
| income using the average of the
| 78503 |
| entity's apportionment fractions otherwise applicable under | 78504 |
| section 5733.05, 5733.056, or 5747.21 of the Revised Code for the | 78505 |
| current and two
preceding taxable years. If the | 78506 |
| section 5747.212 entity was not in business for one or more of | 78507 |
| those years, each year that the entity was not in business shall | 78508 |
| be excluded in determining the average. | 78509 |
| (C) For the purposes of this section: | 78510 |
| (1) A "section 5747.212 entity" is any qualifying person if, | 78511 |
| on at least one day of the three-year period ending on the last | 78512 |
| day of the taxpayer's taxable year, any of the following apply: | 78513 |
| (a) The qualifying person is a pass-through entity; | 78514 |
| (b) Five or fewer persons directly or indirectly own all the | 78515 |
| equity interests, with voting rights, of the qualifying person; | 78516 |
| (c) One person directly or indirectly owns at least fifty per | 78517 |
| cent of the qualifying person's equity interests with voting | 78518 |
| rights. | 78519 |
| (2) A "qualifying person" is any person other than an | 78520 |
| individual, estate, or trust. | 78521 |
| (3) "Estate" and "trust" do not include any person classified | 78522 |
| for federal income tax purposes as an association taxable as a | 78523 |
| corporation. | 78524 |
| Sec. 5747.331. (A) As used in this section: | 78525 |
| (1) "Borrower" means any person that receives a loan from the | 78526 |
| director of development under section 166.21 of the Revised Code, | 78527 |
| regardless of whether the borrower is subject to the tax imposed | 78528 |
| by section 5747.02 of the Revised Code. | 78529 |
| (2) "Related member" has the same meaning as in section | 78530 |
| 5733.042 of the Revised Code. | 78531 |
| (3) "Qualified research and development loan payments" has | 78532 |
| the same meaning as in division (D) of section 166.21 of the | 78533 |
| Revised Code. | 78534 |
|
(B) Beginning | 78535 |
| taxable years beginning in 2007, a nonrefundable credit is allowed | 78536 |
| against the tax imposed by section 5747.02 of the Revised Code | 78537 |
| equal to a borrower's qualified research and development loan | 78538 |
| payments made during the calendar year that includes the last day | 78539 |
| of the taxable year for which the credit is claimed. The amount of | 78540 |
| the credit for a taxable year shall not exceed one hundred fifty | 78541 |
| thousand dollars. No taxpayer is entitled to claim a credit under | 78542 |
| this section unless it has obtained a certificate issued by the | 78543 |
| director of development under division (D) of section 166.21 of | 78544 |
| the Revised Code. The credit shall be claimed in the order | 78545 |
| required under section 5747.98 of the Revised Code. The credit, to | 78546 |
| the extent it exceeds the taxpayer's tax liability for the taxable | 78547 |
| year after allowance for any other credits that precede the credit | 78548 |
| under this section in that order, shall be carried forward to the | 78549 |
| next succeeding taxable year or years until fully used. Any credit | 78550 |
| not fully utilized by the taxable year beginning in 2007 may be | 78551 |
| carried forward and applied against the tax levied by Chapter | 78552 |
| 5751. of the Revised Code to the extent allowed by section 5751.52 | 78553 |
| of the Revised Code. | 78554 |
| (C) A borrower entitled to a credit under this section may | 78555 |
| assign the credit, or a portion thereof, to any of the following: | 78556 |
| (1) A related member of that borrower; | 78557 |
| (2) The owner or lessee of the eligible research and | 78558 |
| development project; | 78559 |
| (3) A related member of the owner or lessee of the eligible | 78560 |
| research and development project. | 78561 |
| A borrower making an assignment under this division shall | 78562 |
| provide written notice of the assignment to the tax commissioner | 78563 |
| and the director of development, in such form as the tax | 78564 |
| commissioner prescribes, before the credit that was assigned is | 78565 |
| used. The assignor may not claim the credit to the extent it was | 78566 |
| assigned to an assignee. The assignee may claim the credit only to | 78567 |
| the extent the assignor has not claimed it. | 78568 |
| (D) If any taxpayer is a shareholder in an S corporation, a | 78569 |
| partner in a partnership, or a member in a limited liability | 78570 |
| company treated as a partnership for federal income tax purposes, | 78571 |
| the taxpayer shall be allowed the taxpayer's distributive or | 78572 |
| proportionate share of the credit available through the S | 78573 |
| corporation, partnership, or limited liability company. | 78574 |
| (E) The aggregate credit against the taxes imposed by | 78575 |
| sections 5733.06, 5733.065, 5733.066, and 5747.02 of the Revised | 78576 |
| Code that may be claimed under this section and section 5733.352 | 78577 |
| of the Revised Code by a borrower as a result of qualified | 78578 |
| research and development loan payments attributable during a | 78579 |
| calendar year to any one loan shall not exceed one hundred fifty | 78580 |
| thousand dollars. | 78581 |
| Sec. 5747.70. (A) In computing Ohio adjusted gross income, a | 78582 |
| deduction from federal adjusted gross income is allowed to a | 78583 |
| contributor for the amount contributed during the taxable year to | 78584 |
| a variable college savings program account and to a purchaser of | 78585 |
|
tuition
| 78586 |
| created by Chapter 3334. of the Revised Code to the extent that | 78587 |
| the amounts of such contributions and purchases were not deducted | 78588 |
| in determining the contributor's or purchaser's federal adjusted | 78589 |
| gross income for the taxable year. The combined amount of | 78590 |
| contributions and purchases deducted in any taxable year by a | 78591 |
| taxpayer or the taxpayer and the taxpayer's spouse, regardless of | 78592 |
| whether the taxpayer and the taxpayer's spouse file separate | 78593 |
| returns or a joint return, is limited to two thousand dollars for | 78594 |
| each beneficiary for whom contributions or purchases are made. If | 78595 |
| the combined annual contributions and purchases for a beneficiary | 78596 |
| exceed two thousand dollars, the excess may be carried forward and | 78597 |
| deducted in future taxable years until the contributions and | 78598 |
| purchases have been fully deducted. | 78599 |
| (B) In computing Ohio adjusted gross income, a deduction from | 78600 |
| federal adjusted gross income is allowed for: | 78601 |
| (1) Income related to tuition
| 78602 |
| that as of the end of the taxable year have not been refunded | 78603 |
| pursuant to the termination of a tuition payment contract or | 78604 |
| variable college savings program account under section 3334.10 of | 78605 |
| the Revised Code, to the extent that such income is included in | 78606 |
| federal adjusted gross income. | 78607 |
| (2) The excess of the total purchase price of tuition
| 78608 |
| units refunded during the taxable year pursuant to the termination | 78609 |
| of a tuition payment contract under section 3334.10 of the Revised | 78610 |
| Code over the amount of the refund, to the extent the amount of | 78611 |
| the excess was not deducted in determining federal adjusted gross | 78612 |
|
income. Division
(B)(2) of this section applies
only to
| 78613 |
| units for which no deduction was allowable under division (A) of | 78614 |
| this section. | 78615 |
| (C) In computing Ohio adjusted gross income, there shall be | 78616 |
| added to federal adjusted gross income the amount of loss related | 78617 |
|
to
tuition
| 78618 |
| the taxable year have not been refunded pursuant to the | 78619 |
| termination of a tuition payment contract or variable college | 78620 |
| savings program account under section 3334.10 of the Revised Code, | 78621 |
| to the extent that such loss was deducted in determining federal | 78622 |
| adjusted gross income. | 78623 |
| (D) For taxable years in which distributions or refunds are | 78624 |
| made under a tuition payment or variable college savings program | 78625 |
| contract for any reason other than payment of tuition or other | 78626 |
| higher education expenses, or the beneficiary's death, disability, | 78627 |
| or receipt of a scholarship as described in section 3334.10 of the | 78628 |
| Revised Code: | 78629 |
| (1) If the distribution or refund is paid to the purchaser or | 78630 |
| contributor or beneficiary, any portion of the distribution or | 78631 |
| refund not included in the recipient's federal adjusted gross | 78632 |
| income shall be added to the recipient's federal adjusted gross | 78633 |
| income in determining the recipient's Ohio adjusted gross income, | 78634 |
| except that the amount added shall not exceed amounts previously | 78635 |
| deducted under division (A) of this section less any amounts added | 78636 |
| under division (D)(1) of this section in a prior taxable year. | 78637 |
| (2) If amounts paid by a purchaser or contributor on or after | 78638 |
| January 1, 2000, are distributed or refunded to someone other than | 78639 |
| the purchaser or contributor or beneficiary, the amount of the | 78640 |
| payment not included in the recipient's federal adjusted gross | 78641 |
| income, less any amounts added under division (D) of this section | 78642 |
| in a prior taxable year, shall be added to the recipient's federal | 78643 |
| adjusted gross income in determining the recipient's Ohio adjusted | 78644 |
| gross income. | 78645 |
| Sec. 5747.80. (A) Upon the issuance of a tax credit | 78646 |
| certificate by the Ohio venture capital authority under section | 78647 |
| 150.07 of the Revised Code, a credit may be claimed against the | 78648 |
| tax imposed by section 5747.02 of the Revised Code. The credit | 78649 |
| shall be claimed for the taxable year specified in the certificate | 78650 |
| issued by the authority and in the order required under section | 78651 |
| 5747.98 of the Revised Code. | 78652 |
| (B) If the taxpayer elected a refundable credit under section | 78653 |
| 150.07 of the Revised Code and the amount of the credit shown on | 78654 |
| the certificate does not exceed the tax otherwise due under | 78655 |
| section 5747.02 of the Revised Code after all nonrefundable | 78656 |
| credits are deducted, then the taxpayer shall claim a refundable | 78657 |
| credit equal to the amount of the credit shown on the certificate. | 78658 |
| (C) If the taxpayer elected a refundable credit under section | 78659 |
| 150.07 of the Revised Code, and the amount of the credit shown on | 78660 |
| the certificate exceeds the tax otherwise due under section | 78661 |
| 5747.02 of the Revised Code after all nonrefundable credits | 78662 |
| 78663 | |
| 78664 | |
| 78665 | |
| 78666 | |
| 78667 | |
| 78668 | |
| refundable credit equal to the sum of the following: | 78669 |
| (1) The amount, if any, of the tax otherwise due under | 78670 |
| section 5747.02 of the Revised Code after all nonrefundable | 78671 |
| credits are deducted; | 78672 |
| (2) Seventy-five per cent of the difference between the | 78673 |
| amount of the refundable credit shown on the certificate and the | 78674 |
| tax otherwise due under section 5747.02 of the Revised Code after | 78675 |
| all nonrefundable credits are deducted. | 78676 |
| (D) If the taxpayer elected a nonrefundable credit and the | 78677 |
| credit to which the taxpayer would otherwise be entitled under | 78678 |
| this section for any taxable year is greater than the tax | 78679 |
| otherwise due under section 5747.02 of the Revised Code, after | 78680 |
| allowing for any other credits that, under section 5747.98 of the | 78681 |
| Revised Code, precede the credit allowed under this section, the | 78682 |
| excess shall be allowed as a nonrefundable credit in each of the | 78683 |
| ensuing ten taxable years, but the amount of any excess credit | 78684 |
| allowed in the ensuing taxable year shall be deducted from the | 78685 |
| balance carried forward to the next taxable year. | 78686 |
| Sec. 5747.98. (A) To provide a uniform procedure for | 78687 |
| calculating the amount of tax due under section 5747.02 of the | 78688 |
| Revised Code, a taxpayer shall claim any credits to which the | 78689 |
| taxpayer is entitled in the following order: | 78690 |
| (1) The retirement income credit under division (B) of | 78691 |
| section 5747.055 of the Revised Code; | 78692 |
| (2) The senior citizen credit under division (C) of section | 78693 |
| 5747.05 of the Revised Code; | 78694 |
| (3) The lump sum distribution credit under division (D) of | 78695 |
| section 5747.05 of the Revised Code; | 78696 |
| (4) The dependent care credit under section 5747.054 of the | 78697 |
| Revised Code; | 78698 |
| (5) The lump sum retirement income credit under division (C) | 78699 |
| of section 5747.055 of the Revised Code; | 78700 |
| (6) The lump sum retirement income credit under division (D) | 78701 |
| of section 5747.055 of the Revised Code; | 78702 |
| (7) The lump sum retirement income credit under division (E) | 78703 |
| of section 5747.055 of the Revised Code; | 78704 |
| (8) The low-income credit under section 5747.056 of the | 78705 |
| Revised Code; | 78706 |
| (9) The credit for displaced workers who pay for job training | 78707 |
| under section 5747.27 of the Revised Code; | 78708 |
| | 78709 |
| 5747.29 of the Revised Code; | 78710 |
| | 78711 |
| section 5747.022 of the Revised Code; | 78712 |
| | 78713 |
| section 5747.05 of the Revised Code; | 78714 |
| | 78715 |
| 5747.05 of the Revised Code; | 78716 |
| | 78717 |
| under division (B) of section 5747.05 of the Revised Code; | 78718 |
| | 78719 |
| with child day-care centers under section 5747.34 of the Revised | 78720 |
| Code; | 78721 |
| | 78722 |
| child care expenses under section 5747.36 of the Revised Code; | 78723 |
| | 78724 |
| section 5747.37 of the Revised Code; | 78725 |
| | 78726 |
| under section 5747.38 of the Revised Code; | 78727 |
| | 78728 |
| section 5747.058 of the Revised Code; | 78729 |
| | 78730 |
| venture capital program under sections 150.01 to 150.10 of the | 78731 |
| Revised Code if the taxpayer elected a nonrefundable credit under | 78732 |
| section 150.07 of the Revised Code; | 78733 |
| | 78734 |
| machinery and equipment under section 5747.26 or section 5747.261 | 78735 |
| of the Revised Code; | 78736 |
| | 78737 |
| machinery and equipment and the credit for using Ohio coal under | 78738 |
| section 5747.31 of the Revised Code; | 78739 |
| | 78740 |
| Revised Code; | 78741 |
| | 78742 |
| the Revised Code; | 78743 |
| | 78744 |
| voluntary action under section 5747.32 of the Revised Code; | 78745 |
| | 78746 |
| child day-care centers under section 5747.35 of the Revised Code; | 78747 |
| | 78748 |
| 5747.75 of the Revised Code; | 78749 |
| | 78750 |
| production property under section 5747.28 of the Revised Code; | 78751 |
| | 78752 |
| the Revised Code; | 78753 |
| | 78754 |
| technology transfer investors under section 5747.33 of the Revised | 78755 |
| Code; | 78756 |
| | 78757 |
| the Revised Code; | 78758 |
| | 78759 |
| 5747.331 of the Revised Code; | 78760 |
| | 78761 |
| (A) of section 5747.058 of the Revised Code; | 78762 |
| | 78763 |
| entity granted under section 5747.059 of the Revised Code; | 78764 |
| | 78765 |
| qualifying pass-through entity granted under division (J) of | 78766 |
| section 5747.08 of the Revised Code; | 78767 |
| | 78768 |
| division (B)(1) of section 5747.062 of the Revised Code; | 78769 |
| | 78770 |
| venture capital program under sections 150.01 to 150.10 of the | 78771 |
| Revised Code if the taxpayer elected a refundable credit under | 78772 |
| section 150.07 of the Revised Code. | 78773 |
| (B) For any credit, except the credits enumerated in | 78774 |
| divisions (A) | 78775 |
| granted under division (I) of section 5747.08 of the Revised Code, | 78776 |
| the amount of the credit for a taxable year shall not exceed the | 78777 |
| tax due after allowing for any other credit that precedes it in | 78778 |
| the order required under this section. Any excess amount of a | 78779 |
| particular credit may be carried forward if authorized under the | 78780 |
| section creating that credit. Nothing in this chapter shall be | 78781 |
| construed to allow a taxpayer to claim, directly or indirectly, a | 78782 |
| credit more than once for a taxable year. | 78783 |
| Sec. 5747.99. (A) Whoever violates section 5747.19 of the | 78784 |
|
Revised Code | 78785 |
| 78786 | |
| 78787 | |
| If the person previously has been convicted of any offense under | 78788 |
| Title LVII of the Revised Code, the person is guilty of a felony | 78789 |
| of the | 78790 |
| (B) Whoever violates section 5747.06 or 5747.07 of the | 78791 |
| Revised Code by failing to remit to the state the tax collected | 78792 |
| under section 5747.06 or 5747.07 of the Revised Code is guilty of | 78793 |
| a misdemeanor of the first degree if the amount of collected tax | 78794 |
| the person failed to remit is less than five hundred dollars and | 78795 |
| is guilty of a felony of the fourth degree if the amount of | 78796 |
| collected tax the person failed to remit is five hundred dollars | 78797 |
| or more. | 78798 |
| (C) Whoever violates any provision of sections 5747.01 to | 78799 |
| 5747.19 of the Revised Code, or any lawful rule promulgated by the | 78800 |
| tax commissioner under authority of any provision of those | 78801 |
| sections, for the violation of which no other penalty is provided | 78802 |
| in this section, | 78803 |
| 78804 | |
| the person previously has been convicted of any offense under | 78805 |
| Title LVII of the Revised Code, the person is guilty of a | 78806 |
| misdemeanor of the first degree. | 78807 |
| | 78808 |
| shall be fined not more than five dollars for each day that | 78809 |
| elapses between the date specified by law for performance and the | 78810 |
| date when the duty is actually performed. | 78811 |
| Sec. 5749.02. (A) For the purpose of providing revenue to | 78812 |
| administer the state's coal mining and reclamation regulatory | 78813 |
| program, to meet the environmental and resource management needs | 78814 |
| of this state, and to reclaim land affected by mining, an excise | 78815 |
| tax is hereby levied on the privilege of engaging in the severance | 78816 |
| of natural resources from the soil or water of this state. The tax | 78817 |
| shall be imposed upon the severer and shall be: | 78818 |
| (1) Seven cents per ton of coal; | 78819 |
| (2) Four cents per ton of salt; | 78820 |
| (3) Two cents per ton of limestone or dolomite; | 78821 |
| (4) Two cents per ton of sand and gravel; | 78822 |
| (5) Ten cents per barrel of oil; | 78823 |
| (6) Two and one-half cents per thousand cubic feet of natural | 78824 |
| gas; | 78825 |
| (7) One cent per ton of clay, sandstone or conglomerate, | 78826 |
| shale, gypsum, or quartzite. | 78827 |
| (B) Of the moneys received by the treasurer of state from the | 78828 |
| tax levied in division (A)(1) of this section, six and | 78829 |
| three-tenths per cent shall be credited to the geological mapping | 78830 |
| fund created in section 1505.09 of the Revised Code, fourteen and | 78831 |
| two-tenths per cent shall be credited to the reclamation | 78832 |
| forfeiture fund created in section 1513.18 of the Revised Code, | 78833 |
| fifty-seven and nine-tenths per cent shall be credited to the coal | 78834 |
| mining administration and reclamation reserve fund created in | 78835 |
| section 1513.181 of the Revised Code, and the remainder shall be | 78836 |
| credited to the unreclaimed lands fund created in section 1513.30 | 78837 |
| of the Revised Code. When, at any time during a fiscal year, the | 78838 |
| chief of the division of mineral resources management finds that | 78839 |
| the balance of the coal mining administration and reclamation | 78840 |
| reserve fund is below two million dollars, the chief shall certify | 78841 |
| that fact to the director of budget and management. Upon receipt | 78842 |
| of the chief's certification, the director shall direct the | 78843 |
| 78844 | |
| mining administration and reclamation reserve fund during the | 78845 |
| remainder of the fiscal year for which the certification is made | 78846 |
| the fourteen and two-tenths per cent of the moneys collected from | 78847 |
| the tax levied in division (A)(1) of this section and otherwise | 78848 |
| required by this division to be credited to the reclamation | 78849 |
| forfeiture fund. | 78850 |
| Fifteen per cent of the moneys received by the treasurer of | 78851 |
| state from the tax levied in division (A)(2) of this section shall | 78852 |
| be credited to the geological mapping fund and the remainder shall | 78853 |
| be credited to the unreclaimed lands fund. | 78854 |
| Of the moneys received by the treasurer of state from the tax | 78855 |
| levied in divisions (A)(3) and (4) of this section, seven and | 78856 |
| five-tenths per cent shall be credited to the geological mapping | 78857 |
| fund, forty-two and five-tenths per cent shall be credited to the | 78858 |
| unreclaimed lands fund, and the remainder shall be credited to the | 78859 |
| surface mining fund created in section 1514.06 of the Revised | 78860 |
| Code. | 78861 |
| Of the moneys received by the treasurer of state from the tax | 78862 |
| levied in divisions (A)(5) and (6) of this section, ninety per | 78863 |
| cent shall be credited to the oil and gas well fund created in | 78864 |
| section 1509.02 of the Revised Code and ten per cent shall be | 78865 |
| credited to the geological mapping fund. All of the moneys | 78866 |
| received by the treasurer of state from the tax levied in division | 78867 |
| (A)(7) of this section shall be credited to the surface mining | 78868 |
| fund. | 78869 |
| (C) For the purpose of paying the state's expenses for | 78870 |
| reclaiming mined lands that the operator failed to reclaim under a | 78871 |
| coal mining and reclamation permit issued under Chapter 1513. of | 78872 |
| the Revised Code, or under a surface mining permit issued under | 78873 |
| Chapter 1514. of the Revised Code, for which the operator's bond | 78874 |
| is not sufficient to pay the state's expense for reclamation, | 78875 |
| there is hereby levied an excise tax on the privilege of engaging | 78876 |
| in the severance of coal from the soil or water of this state in | 78877 |
| addition to the taxes levied by divisions (A)(1) and (D) of this | 78878 |
| section. The tax shall be imposed at the rate of one cent per ton | 78879 |
| of coal. Moneys received by the treasurer of state from the tax | 78880 |
| levied under this division shall be credited to the reclamation | 78881 |
| forfeiture fund created in section 1513.18 of the Revised Code. | 78882 |
| (D) For the purpose of paying the state's expenses for | 78883 |
| reclaiming coal mined lands that the operator failed to reclaim in | 78884 |
| accordance with Chapter 1513. of the Revised Code under a coal | 78885 |
| mining and reclamation permit issued after April 10, 1972, but | 78886 |
| before September 1, 1981, for which the operator's bond is not | 78887 |
| sufficient to pay the state's expense for reclamation and paying | 78888 |
| the expenses for administering the state's coal mining and | 78889 |
| reclamation regulatory program, there is hereby levied an excise | 78890 |
| tax on the privilege of engaging in the severance of coal from the | 78891 |
| soil or water of this state in addition to the taxes levied by | 78892 |
| divisions (A)(1) and (C) of this section. The tax shall be imposed | 78893 |
| at the rate of one cent per ton of coal as prescribed in this | 78894 |
| division. Moneys received by the treasurer of state from the tax | 78895 |
| levied by this division shall be credited to the reclamation | 78896 |
| forfeiture fund created in section 1513.18 of the Revised Code. | 78897 |
| When, at the close of any fiscal year, the chief finds that | 78898 |
| the balance of the reclamation forfeiture fund, plus estimated | 78899 |
| transfers to it from the coal mining and reclamation reserve fund | 78900 |
| under section 1513.181 of the Revised Code, plus the estimated | 78901 |
| revenues from the tax levied by this division for the remainder of | 78902 |
| the calendar year that includes the close of the fiscal year, are | 78903 |
| sufficient to complete the reclamation of such lands, the purposes | 78904 |
| for which the tax under this division is levied shall be deemed | 78905 |
| accomplished at the end of that calendar year. The chief, within | 78906 |
| thirty days after the close of the fiscal year, shall certify | 78907 |
| those findings to the tax commissioner, and the tax shall cease to | 78908 |
| be imposed after the last day of that calendar year. | 78909 |
| (E) On the day fixed for the payment of the severance taxes | 78910 |
| required to be paid by this section, the taxes with any penalties | 78911 |
| or interest on them shall become a lien on all property of the | 78912 |
| taxpayer in this state whether the property is employed by the | 78913 |
| taxpayer in the prosecution of its business or is in the hands of | 78914 |
| an assignee, trustee, or receiver for the benefit of creditors or | 78915 |
| stockholders. The lien shall continue until the taxes and any | 78916 |
| penalties or interest thereon are paid. | 78917 |
| Upon failure of the taxpayer to pay a tax on the day fixed | 78918 |
| for payment, the tax commissioner may file, for which no filing | 78919 |
| fee shall be charged, in the office of the county recorder in each | 78920 |
| county in this state in which the taxpayer owns or has a | 78921 |
| beneficial interest in real estate, notice of the lien containing | 78922 |
| a brief description of the real estate. The lien shall not be | 78923 |
| valid as against any mortgagee, purchaser, or judgment creditor | 78924 |
| whose rights have attached prior to the time the notice is filed | 78925 |
| in the county in which the real estate that is the subject of the | 78926 |
| mortgage, purchase, or judgment lien is located. The notice shall | 78927 |
| be recorded in a book kept by the recorder called the "severance | 78928 |
| tax lien record" and indexed under the name of the taxpayer | 78929 |
| charged with the tax. When the tax has been paid, the tax | 78930 |
| commissioner shall furnish to the taxpayer an acknowledgement of | 78931 |
| payment, which the taxpayer may record with the recorder of each | 78932 |
| county in which notice of the lien has been filed. | 78933 |
| Sec. 5751.01. As used in this chapter: | 78934 |
| (A) "Person" means, but is not limited to, individuals, | 78935 |
| combinations of individuals of any form, receivers, assignees, | 78936 |
| trustees in bankruptcy, firms, companies, joint-stock companies, | 78937 |
| business trusts, estates, partnerships, limited liability | 78938 |
| partnerships, limited liability companies, associations, joint | 78939 |
| ventures, clubs, societies, for-profit and nonprofit corporations, | 78940 |
| S corporations, qualified subchapter S subsidiaries, qualified | 78941 |
| subchapter S trusts, trusts, entities that are disregarded for | 78942 |
| federal income tax purposes, and any other entities. "Person" does | 78943 |
| not include the state, its agencies, its instrumentalities, and | 78944 |
| its political subdivisions. | 78945 |
| (B) "Consolidated elected taxpayer" means a group of two or | 78946 |
| more persons treated as a single taxpayer for purposes of this | 78947 |
| chapter as the result of an election made under section 5751.011 | 78948 |
| of the Revised Code. | 78949 |
| (C) "Combined taxpayer" means a group of two or more persons | 78950 |
| treated as a single taxpayer for purposes of this chapter under | 78951 |
| section 5751.012 of the Revised Code. | 78952 |
| (D) "Taxpayer" means any person, or any group of persons in | 78953 |
| the case of a consolidated elected taxpayer or combined taxpayer | 78954 |
| treated as one taxpayer, required to register or pay tax under | 78955 |
| this chapter. "Taxpayer" does not include excluded persons. | 78956 |
| (E) "Excluded person" means any of the following: | 78957 |
| (1) Any person with not more than two hundred thousand | 78958 |
| dollars of taxable gross receipts during the calendar year. | 78959 |
| Division (E)(1) of this section does not apply to a person that is | 78960 |
| a member of a group that is a consolidated elected taxpayer or a | 78961 |
| combined taxpayer; | 78962 |
| (2) A public utility that paid the excise tax imposed by | 78963 |
| section 5727.24 or 5727.30 of the Revised Code based on one or | 78964 |
| more measurement periods that include the entire tax period under | 78965 |
| this chapter, except that a public utility that is a combined | 78966 |
| company is a taxpayer with regard to the following gross receipts: | 78967 |
| (a) Taxable gross receipts directly attributed to a public | 78968 |
| utility activity, but not directly attributed to an activity that | 78969 |
| is subject to the excise tax imposed by section 5727.24 or 5727.30 | 78970 |
| of the Revised Code; | 78971 |
| (b) Taxable gross receipts that cannot be directly attributed | 78972 |
| to any activity, multiplied by a fraction whose numerator is the | 78973 |
| taxable gross receipts described in division (E)(2)(a) of this | 78974 |
| section and whose denominator is the total taxable gross receipts | 78975 |
| that can be directly attributed to any activity; | 78976 |
| (c) Except for any differences resulting from the use of an | 78977 |
| accrual basis method of accounting for purposes of determining | 78978 |
| gross receipts under this chapter and the use of the cash basis | 78979 |
| method of accounting for purposes of determining gross receipts | 78980 |
| under section 5727.24 of the Revised Code, the gross receipts | 78981 |
| directly attributed to the activity of a natural gas company shall | 78982 |
| be determined in a manner consistent with division (D) of section | 78983 |
| 5727.03 of the Revised Code. | 78984 |
| As used in division (E)(2) of this section, "combined | 78985 |
| company" and "public utility" have the same meanings as in section | 78986 |
| 5727.01 of the Revised Code. | 78987 |
| (3) A financial institution, as defined in section 5725.01 of | 78988 |
| the Revised Code, that paid the corporation franchise tax charged | 78989 |
| by division (D) of section 5733.06 of the Revised Code based on | 78990 |
| one or more taxable years that include the entire tax period under | 78991 |
| this chapter; | 78992 |
| (4) A dealer in intangibles, as defined in section 5725.01 of | 78993 |
| the Revised Code, that paid the dealer in intangibles tax levied | 78994 |
| by division (D) of section 5707.03 of the Revised Code based on | 78995 |
| one or more measurement periods that include the entire tax period | 78996 |
| under this chapter; | 78997 |
| (5) A financial holding company as defined in the "Bank | 78998 |
| Holding Company Act," 12 U.S.C. 1841(p); | 78999 |
| (6) A bank holding company as defined in the "Bank Holding | 79000 |
| Company Act," 12 U.S.C. 1841(a); | 79001 |
| (7) A savings and loan holding company as defined in the | 79002 |
| "Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D) that is engaging | 79003 |
| only in activities or investments permissible for a financial | 79004 |
| holding company under 12 U.S.C. 1843(k); | 79005 |
| (8) A person directly or indirectly owned by one or more | 79006 |
| financial institutions, financial holding companies, bank holding | 79007 |
| companies, or savings and loan holding companies described in | 79008 |
| division (E)(3), (5), (6), or (7) of this section that is engaged | 79009 |
| in activities permissible for a financial holding company under 12 | 79010 |
| U.S.C. 1843(k), except that any such person held pursuant to | 79011 |
| merchant banking authority under 12 U.S.C. 1843(k)(4)(H) or 12 | 79012 |
| U.S.C. 1843(k)(4)(I) is not an excluded person, or a person | 79013 |
| directly or indirectly owned by one or more insurance companies | 79014 |
| described in division (E)(9) of this section that is authorized to | 79015 |
| do the business of insurance in this state. | 79016 |
| For the purposes of division (E)(8) of this section, a person | 79017 |
| owns another person under the following circumstances: | 79018 |
| (a) In the case of corporations issuing capital stock, one | 79019 |
| corporation owns another corporation if it owns fifty per cent or | 79020 |
| more of the other corporation's capital stock with current voting | 79021 |
| rights; | 79022 |
| (b) In the case of a limited liability company, one person | 79023 |
| owns the company if that person's membership interest, as defined | 79024 |
| in section 1705.01 of the Revised Code, is fifty per cent or more | 79025 |
| of the combined membership interests of all persons owning such | 79026 |
| interests in the company; | 79027 |
| (c) In the case of a partnership, trust, or other | 79028 |
| unincorporated business organization other than a limited | 79029 |
| liability company, one person owns the organization if, under the | 79030 |
| articles of organization or other instrument governing the affairs | 79031 |
| of the organization, that person has a beneficial interest in the | 79032 |
| organization's profits, surpluses, losses, or distributions of | 79033 |
| fifty per cent or more of the combined beneficial interests of all | 79034 |
| persons having such an interest in the organization; | 79035 |
| (d) In the case of multiple ownership, the ownership | 79036 |
| interests of more than one person may be aggregated to meet the | 79037 |
| fifty per cent ownership tests in this division only when each | 79038 |
| such owner is described in division (E)(3), (5), (6), (7), or (9) | 79039 |
| of this section and is engaged in activities permissible for a | 79040 |
| financial holding company under 12 U.S.C. 1843(k); | 79041 |
| (9) A domestic insurance company or foreign insurance | 79042 |
| company, as defined in section 5725.01 of the Revised Code, that | 79043 |
| paid the insurance company premiums tax imposed by section 5725.18 | 79044 |
| or Chapter 5729. of the Revised Code based on one or more | 79045 |
| measurement periods that include the entire tax period under this | 79046 |
| chapter; | 79047 |
| (10) A person that solely facilitates or services one or more | 79048 |
| securitizations or similar transactions for any person described | 79049 |
| in division (E)(3), (5), (6), (7), (8), or (9) of this section. | 79050 |
| For purposes of this division, "securitization" means transferring | 79051 |
| one or more assets to one or more persons and then issuing | 79052 |
| securities backed by the right to receive payment from the asset | 79053 |
| or assets so transferred. | 79054 |
| (F) Except as otherwise provided in divisions (F)(2), (3), | 79055 |
| (4), and (5) of this section, "gross receipts" means the total | 79056 |
| amount realized by a person, without deduction for the cost of | 79057 |
| goods sold or other expenses incurred, in a transaction or | 79058 |
| transactions that contribute to the production of gross income of | 79059 |
| the person, including the fair market value of any property and | 79060 |
| any services received, and any debt transferred or forgiven as | 79061 |
| consideration, and including the total amount realized with regard | 79062 |
| to unrelated business taxable income of tax-exempt organizations | 79063 |
| under the Internal Revenue Code. | 79064 |
| (1) The following are examples of gross receipts: | 79065 |
| (a) Amounts realized from the sale, exchange, or other | 79066 |
| disposition of the taxpayer's property to or with another; | 79067 |
| (b) Amounts realized from the taxpayer's performance of | 79068 |
| services for another; | 79069 |
| (c) Amounts realized from another's use or possession of the | 79070 |
| taxpayer's property or capital; | 79071 |
| (d) Amounts realized with regard to the taxpayer's unrelated | 79072 |
| business taxable income; | 79073 |
| (e) Any combination of the foregoing amounts. | 79074 |
| (2) "Gross receipts" excludes the following amounts: | 79075 |
| (a) Interest income not generated in the ordinary course of | 79076 |
| business except interest on credit sales; | 79077 |
| (b) Dividend income, distributions from corporations | 79078 |
| received, and distributive or proportionate shares of receipts and | 79079 |
| income from a pass-through entity as defined under section 5733.04 | 79080 |
| of the Revised Code, except when generated in the ordinary course | 79081 |
| of business; | 79082 |
| (c) Receipts from the sale, exchange, or other disposition of | 79083 |
| an asset described in section 1221 or 1231 of the Internal Revenue | 79084 |
| Code, without regard to the length of time the person held the | 79085 |
| asset, except when generated in ordinary course of business; | 79086 |
| (d) Proceeds received attributable to the repayment, | 79087 |
| maturity, or redemption of the principal of a loan, bond, mutual | 79088 |
| fund, certificate of deposit, or marketable instrument; | 79089 |
| (e) The principal amount received under a repurchase | 79090 |
| agreement or on account of any transaction properly characterized | 79091 |
| as a loan to the person; | 79092 |
| (f) Contributions received by a trust, plan, or other | 79093 |
| arrangement, any of which is described in section 501(a) of the | 79094 |
| Internal Revenue Code, or to which Title 26, Subtitle A, Chapter | 79095 |
| 1, Subchapter (D) of the Internal Revenue Code applies; | 79096 |
| (g) Compensation, whether current or deferred, and whether in | 79097 |
| cash or in kind, received or to be received by an employee, former | 79098 |
| employee, or the employee's legal successor for services rendered | 79099 |
| to or for an employer, including reimbursements received by or for | 79100 |
| an individual for medical or education expenses, health insurance | 79101 |
| premiums, or employee expenses, or on account of a dependent care | 79102 |
| spending account, legal services plan, any cafeteria plan | 79103 |
| described in section 125 of the Internal Revenue Code, or any | 79104 |
| similar employee reimbursement; | 79105 |
| (h) Proceeds received from the issuance of the taxpayer's own | 79106 |
| stock, options, warrants, puts, or calls, or from the sale of the | 79107 |
| taxpayer's treasury stock; | 79108 |
| (i) Proceeds received on the account of payments from life | 79109 |
| insurance policies; | 79110 |
| (j) Gifts or charitable contributions received, membership | 79111 |
| dues received, and payments received for educational courses, | 79112 |
| meetings, meals, or similar payments to a trade, professional, or | 79113 |
| other similar association; fundraising receipts received by any | 79114 |
| person when any excess receipts are donated or used exclusively | 79115 |
| for charitable purposes; and proceeds received by a nonprofit | 79116 |
| organization except those proceeds realized with regard to its | 79117 |
| unrelated business taxable income; | 79118 |
| (k) Damages received as the result of litigation in excess of | 79119 |
| amounts that, if received without litigation, would be gross | 79120 |
| receipts; | 79121 |
| (l) Property, money, and other amounts received or acquired | 79122 |
| by an agent on behalf of another in excess of the agent's | 79123 |
| commission, fee, or other remuneration; | 79124 |
| (m) Tax refunds and other tax benefit recoveries; | 79125 |
| (n) Pension reversions; | 79126 |
| (o) Contributions to capital; | 79127 |
| (p) Sales or use taxes collected as a vendor or an | 79128 |
| out-of-state seller on behalf of the taxing jurisdiction from a | 79129 |
| consumer; | 79130 |
| (q) In the case of receipts from the sale of cigarettes or | 79131 |
| tobacco products by a wholesale dealer, retail dealer, | 79132 |
| distributor, manufacturer, or seller, all as defined in section | 79133 |
| 5743.01 of the Revised Code, an amount equal to the federal and | 79134 |
| state excise taxes paid by any person on or for such cigarettes or | 79135 |
| tobacco products under subtitle E of the Internal Revenue Code or | 79136 |
| Chapter 5743. of the Revised Code; | 79137 |
| (r) In the case of receipts from the sale of motor fuel by a | 79138 |
| licensed motor fuel dealer, licensed retail dealer, or licensed | 79139 |
| permissive motor fuel dealer, all as defined in section 5735.01 of | 79140 |
| the Revised Code, an amount equal to federal and state excise | 79141 |
| taxes paid by any person on such motor fuel under section 4081 of | 79142 |
| the Internal Revenue Code or Chapter 5735. of the Revised Code; | 79143 |
| (s) In the case of receipts from the sale of beer or | 79144 |
| intoxicating liquor, as defined in section 4301.01 of the Revised | 79145 |
| Code, by a person holding a permit issued under Chapter 4301. or | 79146 |
| 4303. of the Revised Code, an amount equal to federal and state | 79147 |
| excise taxes paid by any person on or for such beer or | 79148 |
| intoxicating liquor under subtitle E of the Internal Revenue Code | 79149 |
| or Chapter 4301. or 4305. of the Revised Code; | 79150 |
| (t) Receipts realized by a person engaged in selling | 79151 |
| securities in excess of the gain on the sale of those securities; | 79152 |
| (u) Receipts realized by a new motor vehicle dealer or used | 79153 |
| motor vehicle dealer, as defined in section 4517.01 of the Revised | 79154 |
| Code, from the sale or other transfer of a motor vehicle, as | 79155 |
| defined in that section, to another motor vehicle dealer for the | 79156 |
| purpose of resale by the transferee motor vehicle dealer, but only | 79157 |
| if the sale or other transfer was based upon the transferee's need | 79158 |
| to meet a specific customer's preference for a motor vehicle; | 79159 |
| (v) Receipts from a financial institution described in | 79160 |
| division (E)(3) of this section for services provided to the | 79161 |
| financial institution in connection with the issuance, processing, | 79162 |
| servicing, and management of loans or credit accounts, if such | 79163 |
| financial institution and the recipient of such receipts have at | 79164 |
| least fifty per cent of their ownership interests owned or | 79165 |
| controlled, directly or constructively through related interests, | 79166 |
| by common owners; | 79167 |
| (w) Receipts realized from administering anti-neoplastic | 79168 |
| drugs and other cancer chemotherapy, biologicals, therapeutic | 79169 |
| agents, and supportive drugs in a physician's office to patients | 79170 |
| with cancer; | 79171 |
| (x) Funds received by a mortgage broker from a lender, other | 79172 |
| than fees or other consideration, pursuant to a table-funding | 79173 |
| mortgage loan or warehouse-lending mortgage loan. Terms used in | 79174 |
| division (F)(2)(x) of this section have the same meanings as in | 79175 |
| section 1322.01 of the Revised Code, except "mortgage broker" | 79176 |
| means a person assisting a buyer in obtaining a mortgage loan for | 79177 |
| a fee or other consideration paid by the buyer or a lender, or a | 79178 |
| person engaged in table-funding or warehouse-lending mortgage | 79179 |
| loans that are first lien mortgage loans. | 79180 |
| (y) Property, money, and other amounts received by a | 79181 |
| professional employer organization, as defined in 4125.01 of the | 79182 |
| Revised Code, from a client employer, as defined in that section, | 79183 |
| in excess of the administrative fee charged by the professional | 79184 |
| employer organization to the client employer; | 79185 |
| (z) In the case of amounts retained as commissions by a | 79186 |
| permit holder under Chapter 3769. of the Revised Code, an amount | 79187 |
| equal to the amounts specified under that chapter that must be | 79188 |
| paid to or collected by the tax commissioner as a tax and the | 79189 |
| amounts specified under that chapter to be used as purse money; | 79190 |
| (aa) Any receipts for which the tax imposed by this chapter | 79191 |
| is prohibited by the constitution or laws of the United States or | 79192 |
| the constitution of this state. | 79193 |
| For the purposes of divisions (F)(2)(a), (b), and (c) of this | 79194 |
| section, an amount described in any of those divisions arising | 79195 |
| from the investment of a taxpayer's capital shall be considered to | 79196 |
| be not generated in the ordinary course of business. | 79197 |
| (3) "Gross receipts" excludes amounts received from the sale | 79198 |
| of tangible personal property that is delivered into or shipped | 79199 |
| from a qualified foreign trade zone area that includes a qualified | 79200 |
| intermodal facility. | 79201 |
| As used in division (F)(3) of this section: | 79202 |
| (a) "Qualified foreign trade zone area" means a warehouse or | 79203 |
| other place of delivery or shipment that is: | 79204 |
| (i) Located within one mile of the nearest boundary of an | 79205 |
| international airport; and | 79206 |
| (ii) Located, in whole or in part, within a foreign trade | 79207 |
| zone as defined in division (A)(2) of section 5709.44 of the | 79208 |
| Revised Code. | 79209 |
| (b) "Qualified intermodal facility" means a transshipment | 79210 |
| station that is capable of receiving and shipping freight through | 79211 |
| rail transportation, highway transportation, and air | 79212 |
| transportation. A transshipment station is "capable of receiving | 79213 |
| and shipping freight" after the commencement of the construction | 79214 |
| of each of the rail, highway, and air transportation components of | 79215 |
| the facility. | 79216 |
| (4) In the case of a taxpayer when acting as a real estate | 79217 |
| broker, "gross receipts" includes only the portion of any fee for | 79218 |
| the service of a real estate broker, or service of a real estate | 79219 |
| salesperson associated with that broker, that is retained by the | 79220 |
| broker and not paid to an associated real estate salesperson or | 79221 |
| another real estate broker. For the purposes of this division, | 79222 |
| "real estate broker" and "real estate salesperson" have the same | 79223 |
| meanings as in section 4735.01 of the Revised Code. | 79224 |
| (5) A taxpayer's method of accounting for gross receipts for | 79225 |
| a tax period shall be the same as the taxpayer's method of | 79226 |
| accounting for federal income tax purposes for the taxpayer's | 79227 |
| federal taxable year that includes the tax period. If a taxpayer's | 79228 |
| method of accounting for federal income tax purposes changes, its | 79229 |
| method of accounting for gross receipts under this chapter shall | 79230 |
| be changed accordingly. | 79231 |
| In calculating gross receipts, the following shall be | 79232 |
| deducted: | 79233 |
| (a) Cash discounts allowed and taken; | 79234 |
| (b) Returns and allowances; | 79235 |
| (c) Bad debts from receipts upon which the tax imposed by | 79236 |
| this chapter was paid in a prior quarterly tax payment period. For | 79237 |
| the purposes of this division, "bad debts" mean any debts that | 79238 |
| have become worthless or uncollectible between the preceding and | 79239 |
| current quarterly tax payment periods, have been uncollected for | 79240 |
| at least six months, and may be claimed as a deduction under | 79241 |
| section 166 of the Internal Revenue Code and the regulations | 79242 |
| adopted pursuant thereto, or that could be claimed as such if the | 79243 |
| taxpayer kept its accounts on the accrual basis. "Bad debts" does | 79244 |
| not include uncollectible amounts on property that remains in the | 79245 |
| possession of the taxpayer until the full purchase price is paid, | 79246 |
| expenses in attempting to collect any account receivable or for | 79247 |
| any portion of the debt recovered, and repossessed property; | 79248 |
| (d) Any amount realized from the sale of an account | 79249 |
| receivable but only to the extent the receipts from the underlying | 79250 |
| transaction giving rise to the account receivable were included in | 79251 |
| the gross receipts of the taxpayer. | 79252 |
| (G) "Taxable gross receipts" means gross receipts sitused to | 79253 |
| this state under section 5751.033 of the Revised Code. | 79254 |
| (H) A person has "substantial nexus with this state" if any | 79255 |
| of the following applies. The person: | 79256 |
| (1) Owns or uses a part or all of its capital in this state; | 79257 |
| (2) Holds a certificate of compliance with the laws of this | 79258 |
| state authorizing the person to do business in this state; | 79259 |
| (3) Has bright-line presence in this state; | 79260 |
| (4) Otherwise has nexus with this state to an extent that the | 79261 |
| person can be required to remit the tax imposed under this chapter | 79262 |
| under the constitution of the United States. | 79263 |
| (I) A person has "bright-line presence" in this state for a | 79264 |
| reporting period and for the remaining portion of the calendar | 79265 |
| year if any of the following applies. The person: | 79266 |
| (1) Has at any time during the calendar year property in this | 79267 |
| state with an aggregate value of at least fifty thousand dollars. | 79268 |
| For the purpose of division (I)(1) of this section, owned property | 79269 |
| is valued at original cost and rented property is valued at eight | 79270 |
| times the net annual rental charge. | 79271 |
| (2) Has during the calendar year payroll in this state of at | 79272 |
| least fifty thousand dollars. Payroll in this state includes all | 79273 |
| of the following: | 79274 |
| (a) Any amount subject to withholding by the person under | 79275 |
| section 5747.06 of the Revised Code; | 79276 |
| (b) Any other amount the person pays as compensation to an | 79277 |
| individual under the supervision or control of the person for work | 79278 |
| done in this state; and | 79279 |
| (c) Any amount the person pays for services performed in this | 79280 |
| state on its behalf by another. | 79281 |
| (3) Has during the calendar year taxable gross receipts in | 79282 |
| this state of at least five hundred thousand dollars. | 79283 |
| (4) Has at any time during the calendar year within this | 79284 |
| state at least twenty-five per cent of the person's total | 79285 |
| property, total payroll, or total sales. | 79286 |
| (5) Is domiciled in this state as an individual or for | 79287 |
| corporate, commercial, or other business purposes. | 79288 |
| (J) "Tangible personal property" has the same meaning as in | 79289 |
| section 5739.01 of the Revised Code. | 79290 |
| (K) "Internal Revenue Code" means the Internal Revenue Code | 79291 |
| of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in | 79292 |
| this chapter that is not otherwise defined has the same meaning as | 79293 |
| when used in a comparable context in the laws of the United States | 79294 |
| relating to federal income taxes unless a different meaning is | 79295 |
| clearly required. Any reference in this chapter to the Internal | 79296 |
| Revenue Code includes other laws of the United States relating to | 79297 |
| federal income taxes. | 79298 |
| (L) "Calendar quarter" means a three-month period ending on | 79299 |
| the thirty-first day of March, the thirtieth day of June, the | 79300 |
| thirtieth day of September, or the thirty-first day of December. | 79301 |
| (M) "Tax period" means the calendar quarter or calendar year | 79302 |
| on the basis of which a taxpayer is required to pay the tax | 79303 |
| imposed under this chapter. | 79304 |
| (N) "Calendar year taxpayer" means a taxpayer for which the | 79305 |
| tax period is a calendar year. | 79306 |
| (O) "Calendar quarter taxpayer" means a taxpayer for which | 79307 |
| the tax period is a calendar quarter. | 79308 |
| (P) "Agent" means a person authorized by another person to | 79309 |
| act on its behalf to undertake a transaction for the other, | 79310 |
| including, but not limited to, any of the following: | 79311 |
| (1) A person receiving a fee to sell financial instruments; | 79312 |
| (2) A person retaining only a commission from a transaction | 79313 |
| with the other proceeds from the transaction being remitted to | 79314 |
| another person; | 79315 |
| (3) A person issuing licenses and permits under section | 79316 |
| 1533.13 of the Revised Code; | 79317 |
| (4) A lottery sales agent holding a valid license issued | 79318 |
| under section 3770.05 of the Revised Code; | 79319 |
| (5) A person acting as an agent of the division of liquor | 79320 |
| control under section 4301.17 of the Revised Code. | 79321 |
| (Q) "Received" includes amounts accrued under the accrual | 79322 |
| method of accounting. | 79323 |
| Sec. 5751.011. (A) A group of two or more persons may elect | 79324 |
| to be a consolidated elected taxpayer for the purposes of this | 79325 |
| chapter if the group satisfies all of the following requirements: | 79326 |
| (1) The group elects to include all persons, including | 79327 |
| persons enumerated in divisions (E)(2) to (10) of section 5751.01 | 79328 |
| of the Revised Code, having at least eighty per cent, or all | 79329 |
| persons having more than fifty per cent, of the value of their | 79330 |
| ownership interests owned or controlled, directly or | 79331 |
| constructively through related interests, by common owners during | 79332 |
| all or any portion of the tax period, together with the common | 79333 |
| owners. At the election of the group, all foreign corporations | 79334 |
| meeting the elected ownership test shall either be included in the | 79335 |
| group or all shall be excluded from the group. The group shall | 79336 |
| notify the tax commissioner of the foregoing elections at the time | 79337 |
| of filing the initial registration required under section 5751.04 | 79338 |
| of the Revised Code. Division (A)(3) of this section applies with | 79339 |
| respect to the elections described in this division. | 79340 |
| (2) The group applies to the tax commissioner for approval to | 79341 |
| be treated as a consolidated elected taxpayer pursuant to division | 79342 |
| (D) of this section. | 79343 |
| (3) The group agrees that if the commissioner approves the | 79344 |
| election, all of the following apply: | 79345 |
| (a) The group shall file reports as a single taxpayer for at | 79346 |
| least the next eight calendar quarters following the election so | 79347 |
| long as at least two or more of the members of the group meet the | 79348 |
| requirements of division (A)(1) of this section. | 79349 |
| (b) Before the expiration of the eighth such calendar | 79350 |
| quarter, the group shall notify the commissioner if it elects to | 79351 |
| cancel its designation as a consolidated elected taxpayer. If the | 79352 |
| group does not so notify the tax commissioner, the election | 79353 |
| remains in effect for another eight calendar quarters. | 79354 |
| (c) If, at any time during any of those eight calendar | 79355 |
| quarters following the election, a former member of the group no | 79356 |
| longer meets the requirements under division (A)(1) of this | 79357 |
| section, that member shall report and pay the tax imposed under | 79358 |
| this chapter separately, as a member of a combined taxpayer, or, | 79359 |
| if the former member satisfies such requirements with respect to | 79360 |
| another consolidated elected group, as a member of that | 79361 |
| consolidated elected group. | 79362 |
| (d) The group agrees to the application of division (B) of | 79363 |
| this section. | 79364 |
| (B) A group of persons making the election under this section | 79365 |
| shall report and pay tax on all of the group's taxable gross | 79366 |
| receipts even if substantial nexus with this state does not exist | 79367 |
| for one or more persons in the group. | 79368 |
| (C)(1) A consolidated elected taxpayer shall exclude taxable | 79369 |
| gross receipts between its members except for taxable gross | 79370 |
| receipts received by a member described in division (E)(4) of | 79371 |
| section 5751.01 of the Revised Code that is not a qualifying | 79372 |
| dealer in intangibles as defined in section 5725.24 of the Revised | 79373 |
| Code. Except as provided in division (C)(2) of this section, | 79374 |
| nothing in this section shall have the effect of excluding taxable | 79375 |
| gross receipts received from persons that are not members of the | 79376 |
| group. | 79377 |
| (2) Gross receipts related to the sale or transmission of | 79378 |
| electricity through the use of an intermediary regional | 79379 |
| transmission organization approved by the federal energy | 79380 |
| regulatory commission shall be excluded from taxable gross | 79381 |
| receipts under division (C)(1) of this section if all other | 79382 |
| requirements of that division are met, even if the receipts are | 79383 |
| from and to the same member of the group. | 79384 |
| (D) To make the election to be a consolidated elected | 79385 |
| taxpayer, a group of persons shall apply to the tax commissioner | 79386 |
| and pay the commissioner a registration fee equal to the lesser of | 79387 |
| two hundred dollars or twenty dollars for each person in the | 79388 |
| group. No additional fee shall be imposed for the addition of new | 79389 |
| members to the group once the group has remitted a fee in the | 79390 |
| amount of two hundred dollars. The application shall be filed and | 79391 |
| the fee paid before the later of the beginning of the first | 79392 |
| calendar quarter to which the election applies or November 15, | 79393 |
| 2005. The fee shall be collected and used in the same manner as | 79394 |
| provided in section 5751.04 of the Revised Code. | 79395 |
| The election shall be made on a form prescribed by the tax | 79396 |
| commissioner for that purpose and shall be signed by one or more | 79397 |
| individuals with authority, separately or together, to make a | 79398 |
| binding election on behalf of all persons in the group. The tax | 79399 |
| commissioner shall approve a group's election if the group | 79400 |
| satisfies the requirements of division (A) of this section. | 79401 |
| Any person acquired or formed after the filing of the | 79402 |
| registration shall be included in the group if the person meets | 79403 |
| the requirements of division (A)(1) of this section, and the group | 79404 |
| shall notify the tax commissioner of any additions to the group | 79405 |
| with the next tax return it files with the commissioner. | 79406 |
| (E) Each member of a consolidated elected taxpayer is jointly | 79407 |
| and severally liable for the tax imposed by this chapter and any | 79408 |
| penalties or interest thereon. The tax commissioner may require | 79409 |
| one person in the group to be the taxpayer for purposes of | 79410 |
| registration and remittance of the tax, but all members of the | 79411 |
| group are subject to assessment under section 5751.09 of the | 79412 |
| Revised Code. | 79413 |
| Sec. 5751.012. (A) All persons, other than persons | 79414 |
| enumerated in divisions (E)(2) to (10) of section 5751.01 of the | 79415 |
| Revised Code, having more than fifty per cent of the value of | 79416 |
| their ownership interest owned or controlled, directly or | 79417 |
| constructively through related interests, by common owners during | 79418 |
| all or any portion of the tax period, together with the common | 79419 |
| owners, shall be members of a combined taxpayer if those persons | 79420 |
| are not members of a consolidated elected taxpayer pursuant to an | 79421 |
| election under section 5751.011 of the Revised Code. | 79422 |
| (B) A combined taxpayer shall register, file returns, and pay | 79423 |
| taxes under this chapter as a single taxpayer. | 79424 |
| (C) A combined taxpayer shall neither exclude taxable gross | 79425 |
| receipts between its members nor from others that are not members. | 79426 |
| (D) A combined taxpayer shall pay to the tax commissioner a | 79427 |
| registration fee equal to the lesser of two hundred dollars or | 79428 |
| twenty dollars for each person in the group. No additional fee | 79429 |
| shall be imposed for the addition of new members to the group once | 79430 |
| the group has remitted a fee in the amount of two hundred dollars. | 79431 |
| The fee shall be timely paid before the later of the beginning of | 79432 |
| the first calendar quarter or November 15, 2005. The fee shall be | 79433 |
| collected and used in the same manner as provided in section | 79434 |
| 5751.04 of the Revised Code. | 79435 |
| Any person acquired or formed after the filing of the | 79436 |
| registration shall be included in the group if the person meets | 79437 |
| the requirements of division (A) of this section, and the group | 79438 |
| must notify the tax commissioner of any additions with the next | 79439 |
| quarterly tax return it files with the commissioner. | 79440 |
| (E) Each member of a combined taxpayer is jointly and | 79441 |
| severally liable for the tax imposed by this chapter and any | 79442 |
| penalties or interest thereon. The tax commissioner may require | 79443 |
| one person in the group to be the taxpayer for purposes of | 79444 |
| registration and remittance of the tax, but all members of the | 79445 |
| group are subject to assessment under section 5751.09 of the | 79446 |
| Revised Code. | 79447 |
| Sec. 5751.013. (A) Except as provided in division (B) of this | 79448 |
| section: | 79449 |
| (1) A person shall include as taxable gross receipts the | 79450 |
| value of property the person transfers into this state for the | 79451 |
| person's own use within one year after the person receives the | 79452 |
| property outside this state; and | 79453 |
| (2) In the case of an elected consolidated taxpayer or a | 79454 |
| combined taxpayer, the taxpayer shall include as taxable gross | 79455 |
| receipts the value of property that any of the taxpayer's members | 79456 |
| transferred into this state for the use of any of the taxpayer's | 79457 |
| members within one year after the taxpayer receives the property | 79458 |
| outside this state. | 79459 |
| (B) Property brought into this state within one year after it | 79460 |
| is received outside this state by a person or group described in | 79461 |
| division (A)(1) or (2) of this section shall not be included as | 79462 |
| taxable gross receipts as required under those divisions if the | 79463 |
| tax commissioner ascertains that the property's receipt outside | 79464 |
| this state by the person or group followed by its transfer into | 79465 |
| this state within one year was not intended in whole or in part to | 79466 |
| avoid in whole or in part the tax imposed under this chapter. | 79467 |
| (C) The tax commissioner may adopt rules necessary to | 79468 |
| administer this section. | 79469 |
| Sec. 5751.02. (A) For the purpose of funding the needs of | 79470 |
| this state and its local governments beginning with the tax period | 79471 |
| that commences July 1, 2005, and continuing for every tax period | 79472 |
| thereafter, there is hereby levied a commercial activity tax on | 79473 |
| each person with taxable gross receipts for the privilege of | 79474 |
| engaging in this state in any activity, whether legal or illegal, | 79475 |
| that is conducted for, or results in, gain, profit, or income, at | 79476 |
| any time during the calendar year. Such persons include, but are | 79477 |
| not limited to, persons with substantial nexus with this state. | 79478 |
| The tax imposed under this section is not a transactional tax and | 79479 |
| is not subject to Public Law No. 86-272, 73 Stat. 555. The tax | 79480 |
| imposed under this section is in addition to any other taxes or | 79481 |
| fees imposed under the Revised Code. The tax levied under this | 79482 |
| section is imposed on the person receiving the gross receipts and | 79483 |
| is not a tax imposed directly on a purchaser. | 79484 |
| (B) The tax imposed by this section is a tax on the taxpayer | 79485 |
| and shall not be billed or invoiced to another person. Even if the | 79486 |
| tax or any portion thereof is billed or invoiced and separately | 79487 |
| stated, such amounts remain part of the price for purposes of the | 79488 |
| sales and use taxes levied under Chapters 5739. and 5741. of the | 79489 |
| Revised Code. Nothing in division (B) of this section prohibits a | 79490 |
| person from including in the price charged for a good or service | 79491 |
| an amount sufficient to recover the tax imposed by this section. | 79492 |
| Sec. 5751.03. (A) Except as provided in division (B) of this | 79493 |
| section and in section 5751.031 of the Revised Code, the tax | 79494 |
| levied under this section for each tax period shall be the product | 79495 |
| of two and six-tenths mills per dollar times the remainder of the | 79496 |
| taxpayer's taxable gross receipts for the tax period after | 79497 |
| subtracting the exclusion amount provided for in division (C) of | 79498 |
| this section. | 79499 |
| (B) Notwithstanding division (C) of this section, the tax on | 79500 |
| the first one million dollars in taxable gross receipts each | 79501 |
| calendar year shall be one hundred seventy-five dollars. For | 79502 |
| calendar year 2006, the tax imposed under this division shall be | 79503 |
| paid not later than May 10, 2006, by both calendar year taxpayers | 79504 |
| and calendar quarter taxpayers. For calendar year 2007 and | 79505 |
| thereafter, the tax imposed under this division shall be paid with | 79506 |
| the fourth-quarter tax return or annual tax return for the prior | 79507 |
| calendar year by both calendar year taxpayers and calendar quarter | 79508 |
| taxpayers. | 79509 |
| (C)(1) Each calendar quarter taxpayer may exclude the first | 79510 |
| two hundred fifty thousand dollars of taxable gross receipts for a | 79511 |
| calendar quarter and may carry forward and apply any unused | 79512 |
| exclusion amount to the three subsequent calendar quarters. Each | 79513 |
| calendar year taxpayer may exclude the first one million dollars | 79514 |
| of taxable gross receipts for a calendar year. | 79515 |
| (2) A taxpayer switching from a calendar year tax period to a | 79516 |
| calendar quarter tax period may, for the first quarter of the | 79517 |
| change, apply the prior calendar quarter exclusion amounts to the | 79518 |
| first calendar quarter return the taxpayer files that calendar | 79519 |
| year. The tax rate shall be based on the rate imposed that | 79520 |
| calendar quarter when the taxpayer switches from a calendar year | 79521 |
| to a calendar quarter tax period. | 79522 |
| Sec. 5751.031. This section applies only to calendar quarter | 79523 |
| taxpayers. The tax imposed per calendar quarter under division (A) | 79524 |
| of section 5751.03 of the Revised Code shall be computed as | 79525 |
| follows: | 79526 |
| (A) From January 1, 2006, to March 31, 2006, by multiplying | 79527 |
| the tax otherwise due under that division by twenty-three per | 79528 |
| cent; | 79529 |
| (B) From April 1, 2006, to March 31, 2007, by multiplying the | 79530 |
| tax otherwise due under that division by forty per cent; | 79531 |
| (C) From April 1, 2007, to March 31, 2008, by multiplying the | 79532 |
| tax otherwise due under that division by sixty per cent; | 79533 |
| (D) From April 1, 2008, to March 31, 2009, by multiplying the | 79534 |
| tax otherwise due under that division by eighty per cent; | 79535 |
| (E) After March 31, 2008, one hundred per cent of the tax due | 79536 |
| under that division. | 79537 |
| Sec. 5751.032. (A) From its inception through February 28, | 79538 |
| 2007, the commercial activity tax levied under this chapter is | 79539 |
| intended to generate six hundred seventy-seven million dollars. | 79540 |
| Not later than March 15, 2007, the tax commissioner shall provide | 79541 |
| a report to the general assembly reporting the total amount of tax | 79542 |
| paid under this chapter that was collected from the inception of | 79543 |
| the tax through February 28, 2007, and the adjustment in the rate | 79544 |
| of tax imposed under this chapter that would have been required to | 79545 |
| generate six hundred seventy-seven million dollars of tax from the | 79546 |
| inception of the tax through February 28, 2007. If the total | 79547 |
| amount of tax paid during that period exceeds six hundred | 79548 |
| seventy-seven million dollars, the tax commissioner, not later | 79549 |
| than March 15, 2007, shall certify the excess amount to the | 79550 |
| director of budget and management, who shall transfer the excess | 79551 |
| amount from the general revenue fund to the commercial activity | 79552 |
| tax reduction fund, which is hereby created in the state treasury. | 79553 |
| (B) From March 1, 2008, through February 28, 2009, the | 79554 |
| commercial activity tax levied under this chapter is intended to | 79555 |
| generate one billion one hundred seven million dollars. Not later | 79556 |
| than March 15, 2009, the tax commissioner shall provide a report | 79557 |
| to the general assembly reporting the total amount of tax paid | 79558 |
| under this chapter that was collected during that period, the | 79559 |
| amount by which taxes were reduced during that period under | 79560 |
| division (E) of this section, and the adjustment in the rate of | 79561 |
| tax imposed under this chapter that would have been required to | 79562 |
| generate the sum of those amounts. If the sum of such amounts | 79563 |
| exceeds one billion one hundred seven million dollars, the tax | 79564 |
| commissioner, not later than March 31, 2009, shall certify the | 79565 |
| excess amount to the director of budget and management, who shall | 79566 |
| transfer the excess amount from the general revenue fund to the | 79567 |
| commercial activity tax reduction fund between the first and | 79568 |
| fifteenth day of October. | 79569 |
| (C) During fiscal year 2010, the commercial activity tax | 79570 |
| levied under this chapter is intended to generate one billion five | 79571 |
| hundred forty-eight million dollars. Not later than September 30, | 79572 |
| 2010, the tax commissioner shall provide a report to the general | 79573 |
| assembly reporting the total amount of tax paid under this chapter | 79574 |
| that was collected during fiscal year 2010, the amount by which | 79575 |
| taxes were reduced during that period under division (E) of this | 79576 |
| section, and the adjustment in the rate of tax imposed under this | 79577 |
| chapter that would have been required to generate the sum of those | 79578 |
| amounts. If the sum of such amounts exceeds one billion five | 79579 |
| hundred forty-eight million dollars, the tax commissioner, not | 79580 |
| later than September 30, 2010, shall certify the excess amount to | 79581 |
| the director of budget and management, who shall transfer the | 79582 |
| excess amount from the general revenue fund to the commercial | 79583 |
| activity tax reduction fund between the first and fifteenth day of | 79584 |
| October. | 79585 |
| (D) During fiscal year 2011 and each succeeding fiscal year, | 79586 |
| the commercial activity tax levied under this chapter is intended | 79587 |
| to generate one billion five hundred ninety-four million dollars. | 79588 |
| Not later than the thirtieth day of September each fiscal year | 79589 |
| beginning in fiscal year 2012, the tax commissioner shall provide | 79590 |
| a report to the general assembly reporting the total amount of tax | 79591 |
| paid under this chapter that was collected during the preceding | 79592 |
| fiscal year, the amount by which taxes were reduced during that | 79593 |
| period under division (E) of this section, and the adjustment in | 79594 |
| the rate of tax imposed under this chapter that would have been | 79595 |
| required to generate the sum of those amounts. If the sum of such | 79596 |
| amounts exceeds one billion five hundred ninety-four million | 79597 |
| dollars, the tax commissioner, not later than the thirtieth day of | 79598 |
| September of the current fiscal year, shall certify the excess | 79599 |
| amount to the director of budget and management, who shall | 79600 |
| transfer the excess amount from the general revenue fund to the | 79601 |
| commercial activity tax reduction fund between the first and | 79602 |
| fifteenth day of October. | 79603 |
| (E) All money credited to the commercial activity tax | 79604 |
| reduction fund in any year, including all investment earnings on | 79605 |
| balances in the fund, shall be applied to reduce the rate of tax | 79606 |
| imposed under section 5751.03 of the Revised Code as provided in | 79607 |
| this division. Each year after making the transfer under division | 79608 |
| (A), (B), (C), or (D) of this section, the director of budget and | 79609 |
| management shall compute the percentage that the excess amount | 79610 |
| transferred under that division is of the intended revenue amount | 79611 |
| for the fiscal year in which the transfer is made, and certify | 79612 |
| that amount to the tax commissioner. The tax rate imposed under | 79613 |
| section 5751.03 of the Revised Code for the tax year beginning on | 79614 |
| the first day of January in the fiscal year in which the transfer | 79615 |
| is made shall be reduced by the percentage certified by the | 79616 |
| director. The tax commissioner shall certify the adjusted tax rate | 79617 |
| to the governor, the president of the senate, the speaker of the | 79618 |
| house of representatives, and all members of the general assembly. | 79619 |
| The commissioner shall publish the revised rate by journal entry | 79620 |
| and provide notice to taxpayers of the revised rate. | 79621 |
| (F) Before the last day of March, June, September, and | 79622 |
| December of each tax year in which the rate of tax imposed by | 79623 |
| section 5751.03 of the Revised Code is reduced under division (E) | 79624 |
| of this section, the director of budget and management shall | 79625 |
| transfer from the commercial activity tax reduction fund to the | 79626 |
| general revenue fund one-fourth of the excess amount transferred | 79627 |
| under division (A), (B), (C), or (D) of this section, as | 79628 |
| applicable, in October of the preceding calendar year. | 79629 |
| (G) It is the intent of the General Assembly to conduct a | 79630 |
| review of the dollar revenue limitations and rate reductions | 79631 |
| provided for under divisions (A) to (E) of this section every two | 79632 |
| years in conjunction with its biennial budget deliberations, and | 79633 |
| to establish lower dollar revenue limitations or reduce the rate | 79634 |
| of tax levied under section 5751.023 of the Revised Code on the | 79635 |
| basis of the following three factors: | 79636 |
| (1) The revenue yield of the tax; | 79637 |
| (2) The condition of the Ohio economy; | 79638 |
| (3) Savings realized by ongoing reform to medicaid and other | 79639 |
| policy initiatives. | 79640 |
| Sec. 5751.033. For the purposes of this chapter, gross | 79641 |
| receipts shall be sitused to this state as follows: | 79642 |
| (A) Gross rents and royalties from real property located in | 79643 |
| this state shall be sitused to this state. | 79644 |
| (B) Gross rents and royalties from tangible personal property | 79645 |
| shall be sitused to this state to the extent the tangible personal | 79646 |
| property is located or used in this state. | 79647 |
| (C) Gross receipts from the sale of electricity and electric | 79648 |
| transmission and distribution services shall be sitused to this | 79649 |
| state in the manner provided under section 5733.059 of the Revised | 79650 |
| Code. | 79651 |
| (D) Gross receipts from the sale of real property located in | 79652 |
| this state shall be sitused to this state. | 79653 |
| (E) Gross receipts from the sale of tangible personal | 79654 |
| property shall be sitused to this state if the property is | 79655 |
| received in this state by the purchaser. In the case of delivery | 79656 |
| of tangible personal property by common carrier or by other means | 79657 |
| of transportation, the place at which such property is ultimately | 79658 |
| received after all transportation has been completed shall be | 79659 |
| considered the place where the purchaser receives the property. | 79660 |
| For purposes of this section, the phrase "delivery of tangible | 79661 |
| personal property by common carrier or by other means of | 79662 |
| transportation" includes the situation in which a purchaser | 79663 |
| accepts the property in this state and then transports the | 79664 |
| property directly or by other means to a location outside this | 79665 |
| state. Direct delivery in this state, other than for purposes of | 79666 |
| transportation, to a person or firm designated by a purchaser | 79667 |
| constitutes delivery to the purchaser in this state, and direct | 79668 |
| delivery outside this state to a person or firm designated by a | 79669 |
| purchaser does not constitute delivery to the purchaser in this | 79670 |
| state, regardless of where title passes or other conditions of | 79671 |
| sale. | 79672 |
| (F) Gross receipts from the sale, exchange, disposition, or | 79673 |
| other grant of the right to use trademarks, trade names, patents, | 79674 |
| copyrights, and similar intellectual property shall be sitused to | 79675 |
| this state to the extent that the receipts are based on the amount | 79676 |
| of use of the property in this state. If the receipts are not | 79677 |
| based on the amount of use of the property, but rather on the | 79678 |
| right to use the property, and the payor has the right to use the | 79679 |
| property in this state, then the receipts from the sale, exchange, | 79680 |
| disposition, or other grant of the right to use such property | 79681 |
| shall be sitused to this state to the extent the receipts are | 79682 |
| based on the right to use the property in this state. | 79683 |
| (G) Gross receipts from the sale of transportation services | 79684 |
| by a common or contract carrier shall be sitused to this state in | 79685 |
| proportion to the mileage traveled by the carrier during the tax | 79686 |
| period on roadways, waterways, airways, and railways in this state | 79687 |
| to the mileage traveled by the carrier during the tax period on | 79688 |
| roadways, waterways, airways, and railways everywhere. With prior | 79689 |
| written approval of the tax commissioner, a common or contract | 79690 |
| carrier may use an alternative situsing procedure for | 79691 |
| transportation services. | 79692 |
| (H) Gross receipts from dividends, interest, and other | 79693 |
| sources of income from financial instruments described in division | 79694 |
| (F)(4), (5), (6), (7), (8), (9), (10), (11), and (13) of section | 79695 |
| 5733.056 of the Revised Code shall be sitused to this state in | 79696 |
| accordance with the situsing provisions set forth in those | 79697 |
| divisions. When applying the provisions of divisions (F)(6), (8), | 79698 |
| and (13) of section 5733.056 of the Revised Code, "gross receipts" | 79699 |
| shall be substituted for "net gains" wherever "net gains" appears | 79700 |
| in those divisions. Nothing in this division limits or modifies | 79701 |
| the exclusions enumerated in divisions (E) and (F)(2) of section | 79702 |
| 5751.01 of the Revised Code. The tax commissioner may promulgate | 79703 |
| rules to further specify the manner in which to situs gross | 79704 |
| receipts subject to this division. | 79705 |
| (I) Gross receipts from the sale of all other services, and | 79706 |
| all other gross receipts not otherwise sitused under this section, | 79707 |
| shall be sitused to this state in the proportion that the | 79708 |
| purchaser's benefit in this state with respect to what was | 79709 |
| purchased bears to the purchaser's benefit everywhere with respect | 79710 |
| to what was purchased. The physical location where the purchaser | 79711 |
| ultimately uses or receives the benefit of what was purchased | 79712 |
| shall be paramount in determining the proportion of the benefit in | 79713 |
| this state to the benefit everywhere. | 79714 |
| (J) If the situsing provisions of divisions (A) to (H) of | 79715 |
| this section do not fairly represent the extent of a person's | 79716 |
| activity in this state, the person may request, or the tax | 79717 |
| commissioner may require or permit, an alternative method. Such | 79718 |
| request by a person must be made within the applicable statute of | 79719 |
| limitations set forth in this chapter. | 79720 |
| (K) The tax commissioner may adopt rules to provide | 79721 |
| additional guidance to the application of this section, and | 79722 |
| provide alternative methods of situsing gross receipts that apply | 79723 |
| to all persons, or subset of persons, that are engaged in similar | 79724 |
| business or trade activities. | 79725 |
| Sec. 5751.04. (A) Not later than the later of November 15, | 79726 |
| 2005, or thirty days after a person first has more than two | 79727 |
| hundred thousand dollars in taxable gross receipts in a calendar | 79728 |
| year, each person subject to this chapter shall register with the | 79729 |
| tax commissioner on the form prescribed by the commissioner. The | 79730 |
| form shall include the following: | 79731 |
| (1) The person's name; | 79732 |
| (2) If applicable, the name of the state or country under the | 79733 |
| laws of which the person is incorporated; | 79734 |
| (3) If applicable, the location of a person's principal | 79735 |
| office, and, in the case of a foreign corporation, the location of | 79736 |
| its principal place of business in this state and the name and | 79737 |
| address of the officer or agent of the corporation in charge of | 79738 |
| the business in this state; | 79739 |
| (4) If applicable, the names of the person's president, | 79740 |
| secretary, treasurer, and statutory agent designated pursuant to | 79741 |
| section 1703.041 of the Revised Code, with the post office address | 79742 |
| of each; | 79743 |
| (5) The kind of business in which the person is engaged, | 79744 |
| including applicable business or industry codes; | 79745 |
| (6) The date of the beginning of the person's annual | 79746 |
| accounting period that includes the first day of January of the | 79747 |
| taxable calendar year; | 79748 |
| (7) If the person is not a corporation or a sole proprietor, | 79749 |
| the names of all the person's owners and officers; | 79750 |
| (8) The person's federal employer identification number or | 79751 |
| numbers or, if those are not applicable, the person's social | 79752 |
| security number or equivalent; | 79753 |
| (9) All other information that the commissioner requires to | 79754 |
| administer and enforce this chapter. | 79755 |
| (B) Except as otherwise provided in this division, each | 79756 |
| person registering with the tax commissioner as required by | 79757 |
| division (A) of this section shall pay a registration fee. The fee | 79758 |
| shall be in the amount of fifteen dollars if a person registers | 79759 |
| electronically and twenty dollars if a person does not register | 79760 |
| electronically. The registration fee shall be paid in the manner | 79761 |
| prescribed by the tax commissioner at the same time the | 79762 |
| registration is due if a person is subject to the tax imposed | 79763 |
| under this chapter before January 1, 2006. If a person first | 79764 |
| becomes subject to the tax after that date, the registration fee | 79765 |
| is payable with the first tax period return the person is required | 79766 |
| to file as prescribed by section 5751.051 of the Revised Code. If | 79767 |
| a registration fee is not paid when due, an additional fee is | 79768 |
| imposed in the amount of one hundred dollars per month or part | 79769 |
| thereof the fee is outstanding, not to exceed one thousand | 79770 |
| dollars. The tax commissioner may abate the additional fee. The | 79771 |
| fee imposed under this division may be assessed in the same manner | 79772 |
| as the tax imposed under this chapter. Proceeds from the fee shall | 79773 |
| be credited to the commercial activity tax administrative fund, | 79774 |
| which is hereby created in the state treasury for the commissioner | 79775 |
| to use in implementing and administering the tax imposed under | 79776 |
| this chapter. | 79777 |
| No registration fee is payable by a person for a calendar | 79778 |
| year if the person first begins business operations in this state | 79779 |
| after the thirtieth day of November of that calendar year or if | 79780 |
| the person's taxable gross receipts for the calendar year exceed | 79781 |
| two hundred thousand dollars but do not exceed two hundred | 79782 |
| thousand dollars as of the first day of December of the calendar | 79783 |
| year. | 79784 |
| Registration fees paid under this section, excluding any | 79785 |
| additional fee imposed for late payment of the registration fee, | 79786 |
| shall be credited against the first payment of tax payable under | 79787 |
| section 5751.03 of the Revised Code after the registration fee is | 79788 |
| paid. | 79789 |
| (C) If a person that has registered under this section is no | 79790 |
| longer a taxpayer subject to this chapter, including no longer | 79791 |
| being a taxpayer because of the application of division (E)(1) of | 79792 |
| section 5751.01 of the Revised Code, the person shall notify the | 79793 |
| commissioner that the person's registration should be cancelled. | 79794 |
| Sec. 5751.05. (A) If a person subject to this chapter | 79795 |
| anticipates that the person's taxable gross receipts will be less | 79796 |
| than one million dollars in calendar year 2006, the person may | 79797 |
| elect to be a calendar year taxpayer. If a person is not required | 79798 |
| to be registered under this section for calendar year 2006 and | 79799 |
| anticipates that the person's taxable gross receipts will be less | 79800 |
| than one million dollars in the first calendar year the person is | 79801 |
| required to register under this section, the person may elect to | 79802 |
| be a calendar year taxpayer. | 79803 |
| (B) Any person that is a calendar year taxpayer pursuant to | 79804 |
| an election under division (A) of this section shall become a | 79805 |
| calendar quarter taxpayer in the subsequent calendar year if the | 79806 |
| person's taxable gross receipts for the prior calendar year are | 79807 |
| one million dollars or more, and shall remain a calendar quarter | 79808 |
| taxpayer until the person notifies the tax commissioner, and | 79809 |
| receives approval in writing from the tax commissioner, to switch | 79810 |
| back to being a calendar year taxpayer. Nothing in this division | 79811 |
| prohibits a person that has elected to be a calendar year taxpayer | 79812 |
| from notifying the tax commissioner, using the procedures | 79813 |
| prescribed by the commissioner, that it is switching back to being | 79814 |
| a calendar quarter taxpayer. | 79815 |
| (C) Any taxpayer that is not a calendar year taxpayer | 79816 |
| pursuant to this section is a calendar quarter taxpayer. The tax | 79817 |
| commissioner may grant written approval for a calendar quarter | 79818 |
| taxpayer to use an alternative reporting schedule or estimate the | 79819 |
| amount of tax due for a calendar quarter if the taxpayer | 79820 |
| demonstrates to the commissioner the need for such a deviation. | 79821 |
| The commissioner may adopt a rule to apply division (C) of this | 79822 |
| section to a group of taxpayers without the taxpayers having to | 79823 |
| receive written approval from the commissioner. | 79824 |
| Sec. 5751.051. (A)(1) Not later than forty days after the | 79825 |
| end of each calendar quarter, every taxpayer other than a calendar | 79826 |
| year taxpayer shall file with the tax commissioner a tax return in | 79827 |
| such form as the commissioner prescribes. The return shall | 79828 |
| include, but is not limited to, the amount of the taxpayer's | 79829 |
| taxable gross receipts for the calendar quarter and shall indicate | 79830 |
| the amount of tax due under section 5751.03 of the Revised Code | 79831 |
| for the calendar quarter. | 79832 |
| (2) Not later than forty days after the end of each calendar | 79833 |
| year, every calendar year taxpayer shall file with the tax | 79834 |
| commissioner a tax return in such form as the commissioner | 79835 |
| prescribes. The return shall include, but is not limited to, the | 79836 |
| amount of the taxpayer's taxable gross receipts for the calendar | 79837 |
| year and shall indicate the amount of tax due under section | 79838 |
| 5751.03 of the Revised Code for the calendar year. | 79839 |
| (B) A person that first becomes subject to this chapter | 79840 |
| during a calendar quarter on or after January 1, 2006, shall pay | 79841 |
| the minimum tax imposed under division (B) of section 5751.03 of | 79842 |
| the Revised Code along with the registration fee imposed under | 79843 |
| this section on or before the day the return is required to be | 79844 |
| filed for that quarter under division (A)(1) of this section, | 79845 |
| regardless of whether the person elects to be a calendar year | 79846 |
| taxpayer under section 5751.05 of the Revised Code. | 79847 |
| The amount of the minimum tax shall be reduced to fifty | 79848 |
| dollars if the registration is timely filed after the first day of | 79849 |
| May and before the first day of December of the calendar year. | 79850 |
| Sec. 5751.06. (A) Any taxpayer that fails to file a return | 79851 |
| or pay the full amount of the tax due within the period prescribed | 79852 |
| therefor under this chapter shall pay a penalty in an amount not | 79853 |
| exceeding the greater of fifty dollars or ten per cent of the tax | 79854 |
| required to be paid for the tax period. | 79855 |
| (B)(1) If any additional tax is found to be due, the tax | 79856 |
| commissioner may impose an additional penalty of up to fifteen per | 79857 |
| cent on the additional tax found to be due. | 79858 |
| (2) Any delinquent payments of the tax made after a taxpayer | 79859 |
| is notified of an audit or a tax discrepancy by the commissioner | 79860 |
| is subject to the penalty imposed by division (B) of this section. | 79861 |
| If an assessment is issued under section 5751.10 of the Revised | 79862 |
| Code in connection with such delinquent payments, the payments | 79863 |
| shall be credited to the assessment. | 79864 |
| (C) After calendar year 2008, the tax commissioner may impose | 79865 |
| an additional penalty against a taxpayer that fails to switch to | 79866 |
| being a calendar quarter taxpayer at the time it had over two | 79867 |
| million in taxable gross receipts in the calendar year, as | 79868 |
| required under section 5751.04 of the Revised Code. The penalty | 79869 |
| may be imposed in an amount not to exceed ten per cent of the tax | 79870 |
| due above two million dollars in taxable gross receipts for the | 79871 |
| calendar year. Any penalty imposed under this division is in | 79872 |
| addition to any other penalties imposed under this section. | 79873 |
| (D) If the tax commissioner notifies a person required to | 79874 |
| register under section 5751.05 of the Revised Code of such | 79875 |
| requirement and of the requirement to remit the tax due under this | 79876 |
| chapter, and the person fails to so register and remit the tax | 79877 |
| within sixty days after such notice, the tax commissioner may | 79878 |
| impose an additional penalty of up to thirty-five per cent of the | 79879 |
| tax due. The penalty imposed under this division is in addition to | 79880 |
| any other penalties imposed under this section. | 79881 |
| (E) The tax commissioner may collect any penalty or interest | 79882 |
| imposed by this section in the same manner as the tax imposed | 79883 |
| under this chapter. Penalties and interest so collected shall be | 79884 |
| considered as revenue arising from the tax imposed under this | 79885 |
| chapter. | 79886 |
| (F) The tax commissioner may abate all or a portion of any | 79887 |
| penalties imposed under this section and may adopt rules governing | 79888 |
| such abatements. | 79889 |
| (G) If any tax due is not timely paid in accordance with this | 79890 |
| chapter, the taxpayer shall pay interest, calculated at the rate | 79891 |
| per annum prescribed by section 5703.47 of the Revised Code, from | 79892 |
| the date the tax payment was due to the date of payment or to the | 79893 |
| date an assessment was issued, whichever occurs first. | 79894 |
| Sec. 5751.07. (A) Any person required to file returns for a | 79895 |
| calendar quarter shall remit each tax payment, and, if required by | 79896 |
| the tax commissioner, file the tax return or the annual report, | 79897 |
| electronically. The commissioner may require taxpayers to use the | 79898 |
| Ohio business gateway as defined in section 718.051 of the Revised | 79899 |
| Code to file returns and remit the tax, or may provide another | 79900 |
| means for taxpayers to file and remit the tax electronically. | 79901 |
| (B) A person required by this section to remit taxes or file | 79902 |
| returns electronically may apply to the tax commissioner, on the | 79903 |
| form prescribed by the commissioner, to be excused from that | 79904 |
| requirement. The commissioner may excuse a person from the | 79905 |
| requirements of this division for good cause. | 79906 |
| (C)(1) If a person required to remit taxes or file a return | 79907 |
| electronically under this section fails to do so, the commissioner | 79908 |
| may impose a penalty not to exceed the following: | 79909 |
| (a) For either of the first two calendar quarters the person | 79910 |
| so fails, five per cent of the amount of the payment that was | 79911 |
| required to be remitted; | 79912 |
| (b) For the third and any subsequent calendar quarters the | 79913 |
| person so fails, ten per cent of the amount of the payment that | 79914 |
| was required to be remitted. | 79915 |
| (2) The penalty imposed under division (C)(1) of this section | 79916 |
| is in addition to any other penalty imposed under this chapter and | 79917 |
| shall be considered as revenue arising from the tax imposed under | 79918 |
| this chapter. A penalty may be collected by assessment in the | 79919 |
| manner prescribed by section 5751.09 of the Revised Code. The tax | 79920 |
| commissioner may abate all or a portion of such a penalty. | 79921 |
| Sec. 5751.08. (A) An application for refund to the taxpayer | 79922 |
| of the amount of taxes imposed under this chapter that are | 79923 |
| overpaid, paid illegally or erroneously, or paid on any illegal or | 79924 |
| erroneous assessment shall be filed with the tax commissioner, on | 79925 |
| the form prescribed by the commissioner, within four years after | 79926 |
| the date of the illegal or erroneous payment of the tax. The | 79927 |
| applicant shall provide the amount of the requested refund along | 79928 |
| with the claimed reasons for, and documentation to support, the | 79929 |
| issuance of a refund. | 79930 |
| (B) On the filing of the refund application, the tax | 79931 |
| commissioner shall determine the amount of refund to which the | 79932 |
| applicant is entitled. If the amount is not less than that | 79933 |
| claimed, the commissioner shall certify the amount to the director | 79934 |
| of budget and management and treasurer of state for payment from | 79935 |
| the tax refund fund created under section 5703.052 of the Revised | 79936 |
| Code. If the amount is less than that claimed, the commissioner | 79937 |
| shall proceed in accordance with section 5703.70 of the Revised | 79938 |
| Code. | 79939 |
| (C) Interest on a refund applied for under this section, | 79940 |
| computed at the rate provided for in section 5703.47 of the | 79941 |
| Revised Code, shall be allowed from the later of the date the tax | 79942 |
| was paid or when the tax payment was due. | 79943 |
| (D) A calendar quarter taxpayer with more than one million | 79944 |
| dollars in taxable gross receipts in a calendar year other than | 79945 |
| calendar year 2005 and that is not able to exclude one million | 79946 |
| dollars in taxable gross receipts because of the operation of the | 79947 |
| taxpayer's business in that calendar year may file for a refund | 79948 |
| under this section to obtain the full exclusion of one million | 79949 |
| dollars in taxable gross receipts for that calendar year. | 79950 |
| (E) No person with an active registration as a taxpayer under | 79951 |
| this chapter may claim a refund under this section for the tax | 79952 |
| imposed under division (B) of section 5751.03 of the Revised Code | 79953 |
| unless the person cancelled the registration before the tenth day | 79954 |
| of February of the current calendar year pursuant to division (C) | 79955 |
| of section 5751.04 of the Revised Code. | 79956 |
| (F) Except as provided in section 5751.091 of the Revised | 79957 |
| Code, the tax commissioner may, with the consent of the taxpayer, | 79958 |
| provide for the crediting against tax due for a tax year the | 79959 |
| amount of any refund due the taxpayer under this chapter for a | 79960 |
| preceding tax year. | 79961 |
| Sec. 5751.081. As used in this section, "debt to this state" | 79962 |
| means unpaid taxes due the state, unpaid workers' compensation | 79963 |
| premiums due under section 4123.35 of the Revised Code, unpaid | 79964 |
| unemployment compensation contributions due under section 4141.25 | 79965 |
| of the Revised Code, unpaid unemployment compensation payment in | 79966 |
| lieu of contribution under section 4141.241 of the Revised Code, | 79967 |
| unpaid fee payable to the state or to the clerk of courts pursuant | 79968 |
| to section 4505.06 of the Revised Code, incorrect medical | 79969 |
| assistance payments under section 5111.02 of the Revised Code, or | 79970 |
| any unpaid charge, penalty, or interest arising from any of the | 79971 |
| foregoing. | 79972 |
| If a taxpayer entitled to a refund under section 5751.08 of | 79973 |
| the Revised Code owes any debt to this state, the amount | 79974 |
| refundable may be applied in satisfaction of the debt. If the | 79975 |
| amount refundable is less than the amount of the debt, it may be | 79976 |
| applied in partial satisfaction of the debt. If the amount | 79977 |
| refundable is greater than the amount of the debt, the amount | 79978 |
| remaining after satisfaction of the debt shall be refunded. This | 79979 |
| section applies only to debts that have become final. For the | 79980 |
| purposes of this section, a debt becomes final when, under the | 79981 |
| applicable law, any time provided for petition for reassessment, | 79982 |
| request for reconsideration, or other appeal of the legality or | 79983 |
| validity of the amount giving rise to the debt expires without an | 79984 |
| appeal having been filed in the manner provided by law. | 79985 |
| Sec. 5751.09. (A) The tax commissioner may make an | 79986 |
| assessment, based on any information in the commissioner's | 79987 |
| possession, against any person that fails to file a return or pay | 79988 |
| any tax as required by this chapter. The commissioner shall give | 79989 |
| the person assessed written notice of the assessment as provided | 79990 |
| in section 5703.37 of the Revised Code. With the notice, the | 79991 |
| commissioner shall provide instructions on the manner in which to | 79992 |
| petition for reassessment and request a hearing with respect to | 79993 |
| the petition. | 79994 |
| (B) Unless the person assessed, within sixty days after | 79995 |
| service of the notice of assessment, files with the tax | 79996 |
| commissioner, either personally or by certified mail, a written | 79997 |
| petition signed by the person or the person's authorized agent | 79998 |
| having knowledge of the facts, the assessment becomes final, and | 79999 |
| the amount of the assessment is due and payable from the person | 80000 |
| assessed to the treasurer of state. The petition shall indicate | 80001 |
| the objections of the person assessed, but additional objections | 80002 |
| may be raised in writing if received by the commissioner prior to | 80003 |
| the date shown on the final determination. | 80004 |
| If a petition for reassessment has been properly filed, the | 80005 |
| commissioner shall proceed under section 5703.60 of the Revised | 80006 |
| Code. | 80007 |
| (C)(1) After an assessment becomes final, if any portion of | 80008 |
| the assessment, including accrued interest, remains unpaid, a | 80009 |
| certified copy of the tax commissioner's entry making the | 80010 |
| assessment final may be filed in the office of the clerk of the | 80011 |
| court of common pleas in the county in which the person resides or | 80012 |
| has its principal place of business in this state, or in the | 80013 |
| office of the clerk of court of common pleas of Franklin county. | 80014 |
| (2) Immediately upon the filing of the entry, the clerk shall | 80015 |
| enter judgment for the state against the person assessed in the | 80016 |
| amount shown on the entry. The judgment may be filed by the clerk | 80017 |
| in a loose-leaf book entitled, "special judgments for the | 80018 |
| commercial activity tax" and shall have the same effect as other | 80019 |
| judgments. Execution shall issue upon the judgment at the request | 80020 |
| of the tax commissioner, and all laws applicable to sales on | 80021 |
| execution shall apply to sales made under the judgment. | 80022 |
| (3) The portion of the assessment not paid within sixty days | 80023 |
| after the day the assessment was issued shall bear interest at the | 80024 |
| rate per annum prescribed by section 5703.47 of the Revised Code | 80025 |
| from the day the tax commissioner issues the assessment until it | 80026 |
| is paid. Interest shall be paid in the same manner as the tax and | 80027 |
| may be collected by the issuance of an assessment under this | 80028 |
| section. | 80029 |
| (D) If the tax commissioner believes that collection of the | 80030 |
| tax will be jeopardized unless proceedings to collect or secure | 80031 |
| collection of the tax are instituted without delay, the | 80032 |
| commissioner may issue a jeopardy assessment against the person | 80033 |
| liable for the tax. Immediately upon the issuance of the jeopardy | 80034 |
| assessment, the commissioner shall file an entry with the clerk of | 80035 |
| the court of common pleas in the manner prescribed by division (C) | 80036 |
| of this section. Notice of the jeopardy assessment shall be served | 80037 |
| on the person assessed or the person's authorized agent in the | 80038 |
| manner provided in section 5703.37 of the Revised Code within five | 80039 |
| days of the filing of the entry with the clerk. The total amount | 80040 |
| assessed is immediately due and payable, unless the person | 80041 |
| assessed files a petition for reassessment in accordance with | 80042 |
| division (B) of this section and provides security in a form | 80043 |
| satisfactory to the commissioner and in an amount sufficient to | 80044 |
| satisfy the unpaid balance of the assessment. Full or partial | 80045 |
| payment of the assessment does not prejudice the commissioner's | 80046 |
| consideration of the petition for reassessment. | 80047 |
| (E) The tax commissioner shall immediately forward to the | 80048 |
| treasurer of state all amounts the commissioner receives under | 80049 |
| this section, and such amounts shall be considered as revenue | 80050 |
| arising from the tax imposed under this chapter. | 80051 |
| (F) Except as otherwise provided in this division, no | 80052 |
| assessment shall be made or issued against a taxpayer for the tax | 80053 |
| imposed under this chapter more than four years after the due date | 80054 |
| for the filing of the return for the tax period for which the tax | 80055 |
| was reported, or more than four years after the return for the tax | 80056 |
| period was filed, whichever is later. Nothing in this division | 80057 |
| bars an assessment against a taxpayer that fails to file a return | 80058 |
| required by this chapter or that files a fraudulent return. | 80059 |
| (G) If the tax commissioner possesses information that | 80060 |
| indicates that the amount of tax a taxpayer is required to pay | 80061 |
| under this chapter exceeds the amount the taxpayer paid, the tax | 80062 |
| commissioner may audit a sample of the taxpayer's sales or | 80063 |
| receipts over a representative period of time to ascertain the | 80064 |
| amount of tax due, and may issue an assessment based on the audit. | 80065 |
| The tax commissioner shall make a good faith effort to reach | 80066 |
| agreement with the taxpayer in selecting a representative sample. | 80067 |
| The tax commissioner may apply a sampling method only if the | 80068 |
| commissioner has prescribed the method by rule. | 80069 |
| (H) If the whereabouts of a person subject to this chapter is | 80070 |
| not known to the tax commissioner, the secretary of state is | 80071 |
| hereby deemed to be that person's agent for purposes of service of | 80072 |
| process of notice of any assessment, action, or proceedings | 80073 |
| instituted in this state against the person under this chapter. | 80074 |
| Such process or notice shall be served on such person by the | 80075 |
| commissioner or by one of the commissioner's agents by leaving at | 80076 |
| the office of the secretary of state, at least fifteen days before | 80077 |
| the return day of such process or notice, a true and attested copy | 80078 |
| of the notice, and by sending to such person by ordinary mail, | 80079 |
| with an endorsement thereon of the service upon the secretary of | 80080 |
| state, addressed to such person at the person's last known | 80081 |
| address. | 80082 |
| Sec. 5751.10. If any person liable for the tax imposed under | 80083 |
| this chapter sells the trade or business, disposes in any manner | 80084 |
| other than in the regular course of business at least seventy-five | 80085 |
| per cent of assets of the trade or business, or quits the trade or | 80086 |
| business, any tax owed by such person shall become due and payable | 80087 |
| immediately, and the person shall pay the tax under this section, | 80088 |
| including any applicable penalties and interest, within fifteen | 80089 |
| days after the date of selling or quitting the trade or business. | 80090 |
| The person's successor shall withhold a sufficient amount of the | 80091 |
| purchase money to cover the amount due and unpaid until the former | 80092 |
| owner produces a receipt from the tax commissioner showing that | 80093 |
| the amounts are paid or a certificate indicating that no taxes are | 80094 |
| due. If a purchaser fails to withhold purchase money, that person | 80095 |
| is personally liable up to the purchase money amount, for such | 80096 |
| amounts that are unpaid during the operation of the business by | 80097 |
| the former owner. | 80098 |
| The tax commissioner may adopt rules regarding the issuance | 80099 |
| of certificates under this section, including the waiver of the | 80100 |
| need for a certificate if certain criteria are met. | 80101 |
| Sec. 5751.11. (A) If any person subject to this chapter fails | 80102 |
| to report or pay the tax as required under this chapter, or fails | 80103 |
| to pay any penalty imposed under this chapter within ninety days | 80104 |
| after the time prescribed for payment of the penalty, the tax | 80105 |
| commissioner shall provide such person at least thirty days' | 80106 |
| notice either personally or by certified mail of the | 80107 |
| commissioner's intent to revoke the person's registration under | 80108 |
| section 5751.04 of the Revised Code. The revocation shall be | 80109 |
| stayed if the taxpayer objects, in writing, to the revocation | 80110 |
| within thirty days from the receipt of the notice of revocation. | 80111 |
| It shall be unlawful for such person to engage in business in this | 80112 |
| state after such registration is revoked. A final determination | 80113 |
| revoking a registration shall be served in the manner provided by | 80114 |
| section 5703.37 of the Revised Code. The commissioner's final | 80115 |
| determination may be appealed to the board of tax appeals pursuant | 80116 |
| to section 5717.02 of the Revised Code. The revocation shall | 80117 |
| become effective immediately upon the expiration of all time | 80118 |
| limits for appeal. The commissioner shall certify the revocation | 80119 |
| to the secretary of state. | 80120 |
| (B) Upon receiving notification of the commissioner's | 80121 |
| revocation under division (A) of this section, the secretary of | 80122 |
| state shall: | 80123 |
| (1) Cancel the articles of incorporation of any corporation | 80124 |
| that is organized under the laws of the state by appropriate entry | 80125 |
| upon the margin thereof; | 80126 |
| (2) Cancel by proper entry the certificate of authority of | 80127 |
| any foreign corporation to do business in this state; | 80128 |
| (3) Cancel the registration of a domestic limited liability | 80129 |
| partnership by making a notation of the cancellation on the | 80130 |
| secretary of state's records of those persons that are the subject | 80131 |
| of the revocation. | 80132 |
| Upon a cancellation under division (B) of this section, all | 80133 |
| the powers, privileges, and franchises conferred upon a | 80134 |
| corporation by its articles of incorporation or conferred upon a | 80135 |
| foreign corporation by its certificate of authority, and all | 80136 |
| powers and privileges of a registered domestic limited liability | 80137 |
| partnership cease, subject to Title XVII of the Revised Code. | 80138 |
| Upon making a cancellation under division (B) of this | 80139 |
| section, the secretary of state shall immediately notify such | 80140 |
| domestic or foreign corporation or domestic limited liability | 80141 |
| partnership of the action taken by the secretary of state, and | 80142 |
| shall forward for filing a certification of the action to the | 80143 |
| county recorder of the county in which the principal place of | 80144 |
| business of the corporation or partnership in this state is | 80145 |
| located. No fee shall be charged by the county recorder for the | 80146 |
| filing. | 80147 |
| (C) No person shall exercise or attempt to exercise any | 80148 |
| powers, privileges, or franchises under its articles of | 80149 |
| incorporation or its certificate of authority, whichever the case | 80150 |
| may be, after its articles or certificate is canceled for failure | 80151 |
| to make a report or return or to pay any tax or fee under this | 80152 |
| chapter. | 80153 |
| (D) A person whose registration has been revoked under this | 80154 |
| section may not reregister for a new registration under section | 80155 |
| 5751.04 of the Revised Code unless and until all applicable taxes, | 80156 |
| penalties, and interest are paid. In addition, no individual | 80157 |
| having a ten per cent or greater direct or constructive ownership | 80158 |
| interest in such person may reregister as an owner of a trade or | 80159 |
| business registering under section 5751.04 of the Revised Code | 80160 |
| unless and until all applicable taxes, penalties, and interest are | 80161 |
| paid. | 80162 |
| (E) Upon a corporation's or partnership's paying any fees | 80163 |
| required by the secretary of state and filing with the secretary | 80164 |
| of state a certificate from the tax commissioner specifying that | 80165 |
| it has complied with all the requirements of this chapter and has | 80166 |
| paid all applicable taxes, penalties, and interest, the secretary | 80167 |
| of state shall cancel the entry of cancellation of the | 80168 |
| corporation's or partnership's rights, privileges, and franchises. | 80169 |
| Sec. 5751.12. The tax commissioner may prescribe | 80170 |
| requirements for the keeping of records and other pertinent | 80171 |
| documents, the filing of copies of federal income tax returns and | 80172 |
| determinations, and computations reconciling federal income tax | 80173 |
| returns with the returns and reports required by section 5751.05 | 80174 |
| of the Revised Code. The commissioner may require any person, by | 80175 |
| rule or notice served on that person, to keep those records that | 80176 |
| the commissioner considers necessary to show whether, and the | 80177 |
| extent to which, a person is subject to this chapter. Those | 80178 |
| records and other documents shall be open during business hours to | 80179 |
| the inspection of the commissioner, and shall be preserved for a | 80180 |
| period of four years unless the commissioner, in writing, consents | 80181 |
| to their destruction within that period, or by order requires that | 80182 |
| they be kept longer. If such records are normally kept by the | 80183 |
| person electronically, the person shall provide such records to | 80184 |
| the commissioner electronically at the commissioner's request. | 80185 |
| Any information required by the tax commissioner under this | 80186 |
| chapter is confidential as provided for in section 5703.21 of the | 80187 |
| Revised Code. However, the commissioner shall make public an | 80188 |
| electronic list of all actively registered persons required to | 80189 |
| remit the tax under this chapter, including legal names, trade | 80190 |
| names, addresses, and account numbers. In addition, such list | 80191 |
| shall include all persons that cancelled their registration at any | 80192 |
| time during the preceding four calendar years, including the date | 80193 |
| the registration was cancelled. | 80194 |
| Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of | 80195 |
| the Revised Code: | 80196 |
| (1) "School district," "joint vocational school district," | 80197 |
| "local taxing unit," "state education aid," "recognized | 80198 |
| valuation," "fixed-rate levy," and "fixed-sum levy" have the same | 80199 |
| meanings as used in section 5727.84 of the Revised Code. | 80200 |
| (2) "State education aid offset" means the amount determined | 80201 |
| for each school district or joint vocational school district under | 80202 |
| division (A)(1) of section 5751.21 of the Revised Code. | 80203 |
| (3) "Machinery and equipment property tax value loss" means | 80204 |
| the amount determined under division (C)(1) of this section. | 80205 |
| (4) "Inventory property tax value loss" means the amount | 80206 |
| determined under division (C)(2) of this section. | 80207 |
| (5) "Furniture and fixtures property tax value loss" means | 80208 |
| the amount determined under division (C)(3) of this section. | 80209 |
| (6) "Machinery and equipment fixed-rate levy loss" means the | 80210 |
| amount determined under division (D)(1) of this section. | 80211 |
| (7) "Inventory fixed-rate levy loss" means the amount | 80212 |
| determined under division (D)(2) of this section. | 80213 |
| (8) "Furniture and fixtures fixed-rate levy loss" means the | 80214 |
| amount determined under division (D)(3) of this section. | 80215 |
| (9) "Total fixed-rate levy loss" means the sum of the | 80216 |
| machinery and equipment fixed-rate levy loss, the inventory | 80217 |
| fixed-rate levy loss, and the furniture and fixtures fixed-rate | 80218 |
| levy loss. | 80219 |
| (10) "Fixed-sum levy loss" means the amount determined under | 80220 |
| division (E) of this section. | 80221 |
| (11) "Machinery and equipment" means personal property | 80222 |
| subject to the assessment rate specified in division (F) of | 80223 |
| section 5711.22 of the Revised Code. | 80224 |
| (12) "Inventory" means personal property subject to the | 80225 |
| assessment rate specified in division (E) of section 5711.22 of | 80226 |
| the Revised Code. | 80227 |
| (13) "Furniture and fixtures" means personal property subject | 80228 |
| to the assessment rate specified in division (G) of section | 80229 |
| 5711.22 of the Revised Code. | 80230 |
| (14) "Qualifying levies" are levies in effect for tax year | 80231 |
| 2004 or applicable to tax year 2005 or approved at an election | 80232 |
| conducted before September 1, 2005, and first levied in tax year | 80233 |
| 2006. | 80234 |
| (B) The commercial activities tax receipts fund is hereby | 80235 |
| created in the state treasury and shall consist of money arising | 80236 |
| from the tax imposed under this chapter. All money in that fund | 80237 |
| shall be credited for each fiscal year in the following | 80238 |
| percentages to the general revenue fund, to the school district | 80239 |
| tangible property tax replacement fund, which is hereby created in | 80240 |
| the state treasury for the purpose of making the payments | 80241 |
| described in section 5751.21 of the Revised Code, and to the local | 80242 |
| government tangible property tax replacement fund, which is hereby | 80243 |
| created in the state treasury for the purpose of making the | 80244 |
| payments described in section 5751.22 of the Revised Code, in the | 80245 |
| following percentages: | 80246 |
| Fiscal year | General Revenue Fund | School District Tangible Property Tax Replacement Fund | Local Government Tangible Property Tax Replacement Fund | 80247 | |
| 2006 | 67.7% | 22.6% | 9.7% | 80248 | |
| 2007 | 0% | 70.0% | 30.0% | 80249 | |
| 2008 | 0% | 70.0% | 30.0% | 80250 | |
| 2009 | 0% | 70.0% | 30.0% | 80251 | |
| 2010 | 0% | 70.0% | 30.0% | 80252 | |
| 2011 | 3.6% | 67.5% | 28.9% | 80253 | |
| 2012 | 9.5% | 67.5% | 23.0% | 80254 | |
| 2013 | 14.4% | 67.5% | 18.1% | 80255 | |
| 2014 | 17.7% | 67.5% | 14.8% | 80256 | |
| 2015 | 20.6% | 67.5% | 11.9% | 80257 | |
| 2016 | 24.0% | 67.5% | 8.5% | 80258 | |
| 2017 | 27.4% | 67.5% | 5.1% | 80259 | |
| 2018 | 30.8% | 67.5% | 1.7% | 80260 | |
| 2019 and thereafter | 100% | 0% | 0% | 80261 |
| (C) Not later than September 15, 2005, the tax commissioner | 80262 |
| shall determine for each school district, joint vocational school | 80263 |
| district, and local taxing unit its machinery and equipment, | 80264 |
| inventory property, and furniture and fixtures property tax value | 80265 |
| losses, which are the applicable amounts described in divisions | 80266 |
| (C)(1), (2), and (3) of this section: | 80267 |
| (1) Machinery and equipment property tax value loss is the | 80268 |
| taxable value of machinery and equipment property as reported by | 80269 |
| taxpayers for tax year 2004 multiplied by: | 80270 |
| (a) For tax year 2006, thirty-three and eight-tenths per | 80271 |
| cent; | 80272 |
| (b) For tax year 2007, sixty-one and three-tenths per cent; | 80273 |
| (c) For tax year 2008, eighty-three per cent; | 80274 |
| (d) For tax year 2009 and thereafter, one hundred per cent. | 80275 |
| (2) Inventory property tax value loss is the taxable value of | 80276 |
| inventory property as reported by taxpayers for tax year 2004 | 80277 |
| multiplied by: | 80278 |
| (a) For tax year 2006, a fraction, the numerator of which is | 80279 |
| five and three-fourths and the denominator of which is | 80280 |
| twenty-three; | 80281 |
| (b) For tax year 2007, a fraction, the numerator of which is | 80282 |
| nine and one-half and the denominator of which is twenty-three; | 80283 |
| (c) For tax year 2008, a fraction, the numerator of which is | 80284 |
| thirteen and one-fourth and the denominator of which is | 80285 |
| twenty-three; | 80286 |
| (d) For tax year 2009 and thereafter a fraction, the | 80287 |
| numerator of which is seventeen and the denominator of which is | 80288 |
| twenty-three. | 80289 |
| (3) Furniture and fixtures property tax value loss is the | 80290 |
| taxable value of furniture and fixture property as reported by | 80291 |
| taxpayers for tax year 2004 multiplied by: | 80292 |
| (a) For tax year 2006, twenty-five per cent; | 80293 |
| (b) For tax year 2007, fifty per cent; | 80294 |
| (c) For tax year 2008, seventy-five per cent; | 80295 |
| (d) For tax year 2009 and thereafter, one hundred per cent. | 80296 |
| To facilitate the calculations required under division (C) of | 80297 |
| this section, the county auditor, upon request from the tax | 80298 |
| commissioner, shall provide by August 1, 2005, the values of | 80299 |
| machinery and equipment, inventory, and furniture and fixtures for | 80300 |
| all single-county personal property taxpayers for tax year 2004. | 80301 |
| (D) Not later than September 15, 2005, the tax commissioner | 80302 |
| shall determine for each tax year from 2006 through 2010 for each | 80303 |
| school district, joint vocational school district, and local | 80304 |
| taxing unit its machinery and equipment, inventory, and furniture | 80305 |
| and fixtures fixed-rate levy losses, which are the applicable | 80306 |
| amounts described in divisions (D)(1), (2), and (3) of this | 80307 |
| section: | 80308 |
| (1) The machinery and equipment fixed-rate levy loss is the | 80309 |
| machinery and equipment property tax value loss multiplied by the | 80310 |
| sum of the tax rates of fixed-rate qualifying levies. | 80311 |
| (2) The inventory fixed-rate loss is the inventory property | 80312 |
| tax value loss multiplied by the sum of the tax rates of | 80313 |
| fixed-rate qualifying levies. | 80314 |
| (3) The furniture and fixtures fixed-rate levy loss is the | 80315 |
| furniture and fixture property tax value loss multiplied by the | 80316 |
| sum of the tax rates of fixed-rate qualifying levies. | 80317 |
| (E) Not later than September 15, 2005, the tax commissioner | 80318 |
| shall determine for each school district, joint vocational school | 80319 |
| district, and local taxing unit its fixed-sum levy loss. The | 80320 |
| fixed-sum levy loss is the amount obtained by subtracting the | 80321 |
| amount described in division (E)(2) of this section from the | 80322 |
| amount described in division (E)(1) of this section: | 80323 |
| (1) The sum of the machinery and equipment property tax value | 80324 |
| loss, the inventory property tax value loss, and the furniture and | 80325 |
| fixtures property tax value loss of the district or unit | 80326 |
| multiplied by the sum of the fixed-sum tax rates of qualifying | 80327 |
| levies. For 2006 through 2010, this computation shall include all | 80328 |
| qualifying levies remaining in effect for the current tax year and | 80329 |
| any school district emergency levies that are qualifying levies | 80330 |
| not remaining in effect for the current year. For 2011 through | 80331 |
| 2017, this computation shall include only qualifying levies | 80332 |
| remaining in effect for the current year. For purposes of this | 80333 |
| computation, a qualifying school district emergency levy remains | 80334 |
| in effect in a year after 2010 only if, for that year, the board | 80335 |
| of education levies a school district emergency levy for an annual | 80336 |
| sum at least equal to the annual sum levied by the board in tax | 80337 |
| year 2004 less the amount of the payment certified under this | 80338 |
| division for 2006. | 80339 |
| (2) The total taxable value in tax year 2004 less the sum of | 80340 |
| the machinery and equipment, inventory, and furniture and fixtures | 80341 |
| property tax value losses in each school district, joint | 80342 |
| vocational school district, and local taxing unit multiplied by | 80343 |
| one-half of one mill per dollar. | 80344 |
| (3) For the calculations in divisions (E)(1) and (2) of this | 80345 |
| section, the tax value losses are those that would be calculated | 80346 |
| for tax year 2010 under divisions (C)(1), (2), and (3) of this | 80347 |
| section. | 80348 |
| (4) To facilitate the calculation under divisions (D) and (E) | 80349 |
| of this section, not later than September 1, 2005, any school | 80350 |
| district, joint vocational school district, or local taxing unit | 80351 |
| that has a qualifying levy that was approved at an election | 80352 |
| conducted during 2005 before September 1, 2005, shall certify to | 80353 |
| the tax commissioner a copy of the county auditor's certificate of | 80354 |
| estimated property tax millage for such levy as required under | 80355 |
| division (B) of section 5705.03 of the Revised Code, which is the | 80356 |
| rate that shall be used in the calculations under such divisions. | 80357 |
| If the amount determined under division (E) of this section | 80358 |
| for any school district, joint vocational school district, or | 80359 |
| local taxing unit is greater than zero, that amount shall equal | 80360 |
| the reimbursement to be paid pursuant to division (D) of section | 80361 |
| 5751.21 or division (A)(2) of section 5751.22 of the Revised Code, | 80362 |
| and the one-half of one mill that is subtracted under division | 80363 |
| (E)(2) of this section shall be apportioned among all contributing | 80364 |
| fixed-sum levies in the proportion that each levy bears to the sum | 80365 |
| of all fixed-sum levies within each school district, joint | 80366 |
| vocational school district, or local taxing unit. | 80367 |
| (F) Not later than October 1, 2005, the tax commissioner | 80368 |
| shall certify to the department of education for every school | 80369 |
| district and joint vocational school district the machinery and | 80370 |
| equipment, inventory, and furniture and fixtures property tax | 80371 |
| value losses determined under division (C) of this section, the | 80372 |
| machinery and equipment, inventory, and furniture and fixtures | 80373 |
| property fixed-rate levy losses determined under division (D) of | 80374 |
| this section, and the fixed-sum levy losses calculated under | 80375 |
| division (E) of this section. The calculations under divisions (D) | 80376 |
| and (E) of this section shall separately display the levy loss for | 80377 |
| each levy eligible for reimbursement. | 80378 |
| (G) Not later than October 1, 2005, the tax commissioner | 80379 |
| shall certify the amount of the fixed-sum levy losses to the | 80380 |
| county auditor of each county in which a school district, joint | 80381 |
| vocational school district, or local taxing unit with a fixed-sum | 80382 |
| levy loss reimbursement has territory. | 80383 |
| Sec. 5751.21. (A) Not later than the thirty-first day of | 80384 |
| July of 2007 through 2017, the department of education shall | 80385 |
| determine the following for each school district and each joint | 80386 |
| vocational school district eligible for payment under division (B) | 80387 |
| of this section: | 80388 |
| (1) The state education aid offset, which is the difference | 80389 |
| obtained by subtracting the amount described in division (A)(1)(b) | 80390 |
| of this section from the amount described in division (A)(1)(a) of | 80391 |
| this section: | 80392 |
| (a) The state education aid computed for the school district | 80393 |
| or joint vocational school district for the current fiscal year as | 80394 |
| of the thirty-first day of July; | 80395 |
| (b) The state education aid that would be computed for the | 80396 |
| school district or joint vocational school district for the | 80397 |
| current fiscal year as of the thirty-first day of July if the | 80398 |
| recognized valuation included the machinery and equipment, | 80399 |
| inventory, and furniture and fixtures property tax value losses | 80400 |
| for the school district or joint vocational school district for | 80401 |
| the second preceding tax year. | 80402 |
| (2) The greater of zero or the difference obtained by | 80403 |
| subtracting the state education aid offset determined under | 80404 |
| division (A)(1) of this section from the sum of the machinery and | 80405 |
| equipment fixed-rate levy loss, the inventory fixed-rate levy | 80406 |
| loss, and furniture and fixtures fixed-rate levy loss certified | 80407 |
| under division (F) of section 5751.20 of the Revised Code for all | 80408 |
| taxing districts in each school district and joint vocational | 80409 |
| school district for the second preceding tax year. | 80410 |
| By the fifth day of August of each such year, the department | 80411 |
| of education shall certify the amount so determined under division | 80412 |
| (A)(1) of this section to the director of budget and management. | 80413 |
| (B) The department of education shall pay from the school | 80414 |
| district tangible property tax replacement fund to each school | 80415 |
| district and joint vocational school district all of the following | 80416 |
| for fixed-rate levy losses certified under division (F) of section | 80417 |
| 5751.20 of the Revised Code: | 80418 |
| (1) On or before May 31, 2006, one-sixth of the total | 80419 |
| fixed-rate levy loss for tax year 2006; | 80420 |
| (2) On or before August 31, 2006, November 30, 2006, and | 80421 |
| February 28, 2007, one-third of five-sixths of the total | 80422 |
| fixed-rate levy loss fox tax year 2006; | 80423 |
| (3) On or before May 31, 2007, one-sixth of the total | 80424 |
| fixed-rate levy loss for tax year 2007; | 80425 |
| (4) On or before August 31, 2007, November 30, 2007, and | 80426 |
| February 29, 2008, one-fourth of the amount determined under | 80427 |
| division (A)(2) of this section for fiscal year 2008, but not less | 80428 |
| than zero, plus one-third of five-sixths of the difference between | 80429 |
| the total fixed-rate levy loss for tax year 2007 and the total | 80430 |
| fixed-rate levy loss for tax year 2006. | 80431 |
| (5) On or before May 31, 2008, one-fourth of the amount | 80432 |
| determined under division (A)(2) of this section for fiscal year | 80433 |
| 2008, but not less than zero, plus one-sixth of the difference | 80434 |
| between the total fixed-rate levy loss for tax year 2008 and the | 80435 |
| total fixed-rate levy loss for tax year 2006. | 80436 |
| (6) On or before August 31, 2008, November 30, 2008, and | 80437 |
| February 28, 2009, one-fourth of the amount determined under | 80438 |
| division (A)(2) of this section for fiscal year 2009, but not less | 80439 |
| than zero, plus one-third of five-sixths of the difference between | 80440 |
| the total fixed-rate levy loss in tax year 2008 and the total | 80441 |
| fixed-rate levy loss in tax year 2007. | 80442 |
| (7) On or before May 31, 2009, one-fourth of the amount | 80443 |
| determined under division (A)(2) of this section for fiscal year | 80444 |
| 2009, but not less than zero, plus one-sixth of the difference | 80445 |
| between the total fixed-rate levy loss for tax year 2009 and the | 80446 |
| total fixed-rate levy loss for tax year 2007. | 80447 |
| (8) On or before August 31, 2009, November 30, 2009, and | 80448 |
| February 28, 2010, one-fourth of the amount determined under | 80449 |
| division (A)(2) of this section for fiscal year 2010, but not less | 80450 |
| than zero, plus one-third of five-sixths of the difference between | 80451 |
| the total fixed-rate levy loss in tax year 2009 and the total | 80452 |
| fixed-rate levy loss in tax year 2008. | 80453 |
| (9) On or before May 31, 2010, one-fourth of the amount | 80454 |
| determined under division (A)(2) of this section for fiscal year | 80455 |
| 2010, but not less than zero, plus one-sixth of the difference | 80456 |
| between the total fixed-rate levy loss in tax year 2010 and the | 80457 |
| total fixed-rate levy loss in tax year 2008. | 80458 |
| (10) On or before August 31, 2010, November 30, 2010, | 80459 |
| February 28, 2011, and May 31, 2011, one-fourth of the amount | 80460 |
| determined under division (A)(2) of this section for fiscal year | 80461 |
| 2011, but not less than zero. | 80462 |
| (11) On or before August 31, 2011, November 30, 2011, | 80463 |
| February 29, 2012, and May 31, 2012, the amount determined under | 80464 |
| division (A)(2) of this section multiplied by a fraction, the | 80465 |
| numerator of which is fourteen and the denominator of which is | 80466 |
| seventeen, but not less than zero, multiplied by one-fourth. | 80467 |
| (12) On or before August 31, 2012, November 30, 2012, | 80468 |
| February 28, 2013, and May 31, 2013, the amount determined under | 80469 |
| division (A)(2) of this section multiplied by a fraction, the | 80470 |
| numerator of which is eleven and the denominator of which is | 80471 |
| seventeen, but not less than zero, multiplied by one-fourth. | 80472 |
| (13) On or before August 31, 2013, November 30, 2013, | 80473 |
| February 28, 2014, and May 31, 2014, the amount determined under | 80474 |
| division (A)(2) of this section multiplied by a fraction, the | 80475 |
| numerator of which is nine and the denominator of which is | 80476 |
| seventeen, but not less than zero, multiplied by one-fourth. | 80477 |
| (14) On or before August 31, 2014, November 30, 2014, | 80478 |
| February 28, 2015, and May 31, 2015, the amount determined under | 80479 |
| division (A)(2) of this section multiplied by a fraction, the | 80480 |
| numerator of which is seven and the denominator of which is | 80481 |
| seventeen, but not less than zero, multiplied by one-fourth. | 80482 |
| (15) On or before August 31, 2015, November 30, 2015, | 80483 |
| February 29, 2016, and May 31, 2016, the amount determined under | 80484 |
| division (A)(2) of this section multiplied by a fraction, the | 80485 |
| numerator of which is five and the denominator of which is | 80486 |
| seventeen, but not less than zero, multiplied by one-fourth. | 80487 |
| (16) On or before August 31, 2016, November 30, 2016, | 80488 |
| February 28, 2017, and May 31, 2017, the amount determined under | 80489 |
| division (A)(2) of this section multiplied by a fraction, the | 80490 |
| numerator of which is three and the denominator of which is | 80491 |
| seventeen, but not less than zero, multiplied by one-fourth. | 80492 |
| (17) On or before August 31, 2017, November 30, 2017, | 80493 |
| February 28, 2018, and May 31, 2018, the amount determined under | 80494 |
| division (A)(2) of this section multiplied by a fraction, the | 80495 |
| numerator of which is one and the denominator of which is | 80496 |
| seventeen, but not less than zero, multiplied by one-fourth. | 80497 |
| (18) After May 31, 2018, no payments shall be made under this | 80498 |
| section. | 80499 |
| The department of education shall report to each school | 80500 |
| district and joint vocational school district the apportionment of | 80501 |
| the payments among the school district's or joint vocational | 80502 |
| school district's funds based on the certifications under division | 80503 |
| (F) of section 5751.20 of the Revised Code. | 80504 |
| Any qualifying levy that is a fixed-rate levy that is not | 80505 |
| applicable to a tax year after 2010 does not qualify for any | 80506 |
| reimbursement after the tax year to which it is last applicable. | 80507 |
| (C) For taxes levied within the ten-mill limitation for debt | 80508 |
| purposes in tax year 2005, payments shall be made equal to one | 80509 |
| hundred per cent of the loss computed as if the tax were a | 80510 |
| fixed-rate levy, but those payments shall extend from fiscal year | 80511 |
| 2006 through fiscal year 2018, as long as the qualifying levy | 80512 |
| continues to be used for debt purposes. If the purpose of such a | 80513 |
| qualifying levy is changed, that levy becomes subject to the | 80514 |
| payments determined in division (B) of this section. | 80515 |
| (D)(1) Not later than January 1, 2006, for each fixed-sum | 80516 |
| levy of each school district or joint vocational school district | 80517 |
| and for each year for which a determination is made under division | 80518 |
| (F) of section 5751.20 of the Revised Code that a fixed-sum levy | 80519 |
| loss is to be reimbursed, the tax commissioner shall certify to | 80520 |
| the department of education the fixed-sum levy loss determined | 80521 |
| under that division. The certification shall cover a time period | 80522 |
| sufficient to include all fixed-sum levies for which the | 80523 |
| commissioner made such a determination. The department shall pay | 80524 |
| from the school district property tax replacement fund to the | 80525 |
| school district or joint vocational school district one-fourth of | 80526 |
| the fixed-sum levy loss so certified for each year on or before | 80527 |
| the last day of May, August, and November of the current year and | 80528 |
| of February of the following year. | 80529 |
| (2) Beginning in 2006, by the first day of January of each | 80530 |
| year, the tax commissioner shall review the certification | 80531 |
| originally made under division (D)(1) of this section. If the | 80532 |
| commissioner determines that a debt levy that had been scheduled | 80533 |
| to be reimbursed in the current year has expired, a revised | 80534 |
| certification for that and all subsequent years shall be made to | 80535 |
| the department of education. | 80536 |
| (E) Beginning in September 2007 and through June 2018, the | 80537 |
| director of budget and management shall transfer from the school | 80538 |
| district tangible property tax replacement fund to the general | 80539 |
| revenue fund each of the following: | 80540 |
| (1) On the first day of September, the lesser of one-fourth | 80541 |
| of the amount certified for that fiscal year under division (A)(1) | 80542 |
| of this section or the balance in the school district tangible | 80543 |
| property tax replacement fund; | 80544 |
| (2) On the first day of December, the lesser of one-fourth of | 80545 |
| the amount certified for that fiscal year under division (A)(1) of | 80546 |
| this section or the balance in the school district tangible | 80547 |
| property tax replacement fund; | 80548 |
| (3) On the first day of March, the lesser of one-fourth of | 80549 |
| the amount certified for that fiscal year under division (A)(1) of | 80550 |
| this section or the balance in the school district tangible | 80551 |
| property tax replacement fund; | 80552 |
| (4) On the first day of June, the lesser of one-fourth of the | 80553 |
| amount certified for that fiscal year under division (A)(1) of | 80554 |
| this section or the balance in the school district tangible | 80555 |
| property tax replacement fund. | 80556 |
| (F) For each of the fiscal years 2006 through 2018, if the | 80557 |
| total amount in the school district tangible property tax | 80558 |
| replacement fund is insufficient to make all payments under | 80559 |
| divisions (B), (C), or (D) of this section at the times the | 80560 |
| payments are to be made, the director of budget and management | 80561 |
| shall transfer from the general revenue fund to the school | 80562 |
| district tangible property tax replacement fund the difference | 80563 |
| between the total amount to be paid and the amount in the school | 80564 |
| district tangible property tax replacement fund. For each fiscal | 80565 |
| year after 2018, at the time payments under division (D) of this | 80566 |
| section are to be made, the director of budget and management | 80567 |
| shall transfer from the general revenue fund to the school | 80568 |
| district property tax replacement fund the amount necessary to | 80569 |
| make such payments. | 80570 |
| (G) On the fifteenth day of June of 2006 through 2011, the | 80571 |
| director of budget and management may transfer any balance in the | 80572 |
| school district tangible property tax replacement fund to the | 80573 |
| general revenue fund. At the end of fiscal years 2012 through | 80574 |
| 2018, any balance in the school district tangible property tax | 80575 |
| replacement fund shall remain in the fund to be used in future | 80576 |
| fiscal years for school purposes. | 80577 |
| (H) If all of the territory of a school district or joint | 80578 |
| vocational school district is merged with another district, or if | 80579 |
| a part of the territory of a school district or joint vocational | 80580 |
| school district is transferred to an existing or newly created | 80581 |
| district, the department of education, in consultation with the | 80582 |
| tax commissioner, shall adjust the payments made under this | 80583 |
| section as follows: | 80584 |
| (1) For a merger of two or more districts, the machinery and | 80585 |
| equipment, inventory, and furniture and fixture fixed-rate levy | 80586 |
| losses and the fixed-sum levy losses of the successor district | 80587 |
| shall be equal to the sum of the machinery and equipment, | 80588 |
| inventory, and furniture and fixtures fixed-rate levy losses as | 80589 |
| determined in section 5751.20 of the Revised Code, for each of the | 80590 |
| districts involved in the merger. | 80591 |
| (2) If property is transferred from one district to a | 80592 |
| previously existing district, the amount of machinery and | 80593 |
| equipment, inventory, and furniture and fixtures fixed-rate levy | 80594 |
| losses that shall be transferred to the recipient district shall | 80595 |
| be an amount equal to the total machinery and equipment, | 80596 |
| inventory, and furniture and fixtures fixed-rate levy losses times | 80597 |
| a fraction, the numerator of which is the value of business | 80598 |
| tangible personal property on the land being transferred in the | 80599 |
| most recent year for which data are available, and the denominator | 80600 |
| of which is the total value of business tangible personal property | 80601 |
| in the district from which the land is being transferred in the | 80602 |
| most recent year for which data are available. | 80603 |
| (3) After December 31, 2004, if property is transferred from | 80604 |
| one or more districts to a district that is newly created out of | 80605 |
| the transferred property, the newly created district shall be | 80606 |
| deemed not to have any machinery and equipment, inventory, or | 80607 |
| furniture and fixtures fixed-rate levy losses and the districts | 80608 |
| from which the property was transferred shall have no reduction in | 80609 |
| their machinery and equipment, inventory, and furniture and | 80610 |
| fixtures fixed-rate levy losses. | 80611 |
| (4) If the recipient district under division (H)(2) of this | 80612 |
| section or the newly created district under divisions (H)(3) of | 80613 |
| this section is assuming debt from one or more of the districts | 80614 |
| from which the property was transferred and any of the districts | 80615 |
| losing the property had fixed-sum levy losses, the department of | 80616 |
| education, in consultation with the tax commissioner, shall make | 80617 |
| an equitable division of the fixed-sum levy loss reimbursements. | 80618 |
| Sec. 5751.22. (A) Not later than January 1, 2006, the tax | 80619 |
| commissioner shall compute the payments to be made to each local | 80620 |
| taxing unit for each year according to divisions (A)(1), (2), and | 80621 |
| (3) of this section, and shall distribute the payments in the | 80622 |
| manner prescribed by division (C) of this section. The calculation | 80623 |
| of the fixed-sum levy loss shall cover a time period sufficient to | 80624 |
| include all fixed-sum levies for which the commissioner | 80625 |
| determined, pursuant to division (E) of section 5751.20 of the | 80626 |
| Revised Code, that a fixed-sum levy loss is to be reimbursed. | 80627 |
| (1) Except as provided in division (A)(3) of this section, | 80628 |
| for machinery and equipment, inventory, and furniture and fixtures | 80629 |
| fixed-rate levy losses determined under division (D) of section | 80630 |
| 5751.20 of the Revised Code, payments shall be made in an amount | 80631 |
| equal to each of those losses multiplied by the following: | 80632 |
| (a) For tax years 2006 through 2010, one hundred per cent; | 80633 |
| (b) For tax year 2011, a fraction, the numerator of which is | 80634 |
| fourteen and the denominator of which is seventeen; | 80635 |
| (c) For tax year 2012, a fraction, the numerator of which is | 80636 |
| eleven and the denominator of which is seventeen; | 80637 |
| (d) For tax year 2013, a fraction, the numerator of which is | 80638 |
| nine and the denominator of which is seventeen; | 80639 |
| (e) For tax year 2014, a fraction, the numerator of which is | 80640 |
| seven and the denominator of which is seventeen; | 80641 |
| (f) For tax year 2015, a fraction, the numerator of which is | 80642 |
| five and the denominator of which is seventeen; | 80643 |
| (g) For tax year 2016, a fraction, the numerator of which is | 80644 |
| three and the denominator of which is seventeen; | 80645 |
| (h) For tax year 2017, a fraction, the numerator of which is | 80646 |
| one and the denominator of which is seventeen; | 80647 |
| (i) For tax years 2018 and thereafter, no fixed-rate payments | 80648 |
| shall be made. | 80649 |
| Any qualifying levy that is a fixed-rate levy that is not | 80650 |
| applicable to a tax year after 2010 shall not qualify for any | 80651 |
| reimbursement after the tax year to which it is last applicable. | 80652 |
| (2) For fixed-sum levy losses determined under division (E) | 80653 |
| of section 5751.20 of the Revised Code, payments shall be made in | 80654 |
| the amount of one hundred per cent of the fixed-sum levy loss for | 80655 |
| payments required to be made in 2006 and thereafter. | 80656 |
| (3) For taxes levied within the ten-mill limitation for debt | 80657 |
| purposes in tax year 2005, payments shall be made based on the | 80658 |
| schedule in division (A)(1) of this section for each of the | 80659 |
| calendar years 2006 through 2010. For each of the calendar years | 80660 |
| 2011 through 2017, the percentages for calendar year 2010 shall be | 80661 |
| used, as long as the qualifying levy continues to be used for debt | 80662 |
| purposes. If the purpose of such a qualifying levy is changed, | 80663 |
| that levy becomes subject to the payment schedules in divisions | 80664 |
| (A)(1)(a) to (h) of this section. No payments shall be made for | 80665 |
| such levies after calendar year 2017. | 80666 |
| (B) Beginning in 2007, by the thirty-first day of January of | 80667 |
| each year, the tax commissioner shall review the calculation | 80668 |
| originally made under division (A) of this section of the | 80669 |
| fixed-sum levy losses determined under division (E) of section | 80670 |
| 5751.20 of the Revised Code. If the commissioner determines that a | 80671 |
| fixed-sum levy that had been scheduled to be reimbursed in the | 80672 |
| current year has expired, a revised calculation for that and all | 80673 |
| subsequent years shall be made. | 80674 |
| (C) Payments to local taxing units required to be made under | 80675 |
| division (A) of this section shall be paid from the local | 80676 |
| government tangible property tax replacement fund to the county | 80677 |
| undivided income tax fund in the proper county treasury. Beginning | 80678 |
| in May 2006, one-third of the amount certified under that division | 80679 |
| shall be paid by the last day of May, August, and October. Within | 80680 |
| forty-five days after receipt of such payments, the county | 80681 |
| treasurer shall distribute amounts determined under division (A) | 80682 |
| of this section to the proper local taxing unit as if they had | 80683 |
| been levied and collected as taxes, and the local taxing unit | 80684 |
| shall apportion the amounts so received among its funds in the | 80685 |
| same proportions as if those amounts had been levied and collected | 80686 |
| as taxes. | 80687 |
| (D) For each of the fiscal years 2006 through 2018, if the | 80688 |
| total amount in the local government tangible property tax | 80689 |
| replacement fund is insufficient to make all payments under | 80690 |
| division (C) of this section at the times the payments are to be | 80691 |
| made, the director of budget and management shall transfer from | 80692 |
| the general revenue fund to the local government tangible property | 80693 |
| tax replacement fund the difference between the total amount to be | 80694 |
| paid and the amount in the local government tangible property tax | 80695 |
| replacement fund. For each fiscal year after 2018, at the time | 80696 |
| payments under division (A)(2) of this section are to be made, the | 80697 |
| director of budget and management shall transfer from the general | 80698 |
| revenue fund to the local government property tax replacement fund | 80699 |
| the amount necessary to make such payments. | 80700 |
| (E) On the fifteenth day of June of each year from 2006 | 80701 |
| through 2018, the director of budget and management may transfer | 80702 |
| any balance in the local government tangible property tax | 80703 |
| replacement fund to the general revenue fund. | 80704 |
| (F) If all or a part of the territories of two or more local | 80705 |
| taxing units are merged, or unincorporated territory of a township | 80706 |
| is annexed by a municipal corporation, the tax commissioner shall | 80707 |
| adjust the payments made under this section to each of the local | 80708 |
| taxing units in proportion to the tax value loss apportioned to | 80709 |
| the merged or annexed territory, or as otherwise provided by a | 80710 |
| written agreement between the legislative authorities of the local | 80711 |
| taxing units certified to the commissioner not later than the | 80712 |
| first day of June of the calendar year in which the payment is to | 80713 |
| be made. | 80714 |
| Sec. 5751.23. (A) As used in this section: | 80715 |
| (1) "Administrative fees" means the dollar percentages | 80716 |
| allowed by the county auditor for services or by the county | 80717 |
| treasurer as fees, or paid to the credit of the real estate | 80718 |
| assessment fund, under divisions (A) and (B) of section 319.54 and | 80719 |
| division (A) of section 321.26 of the Revised Code. | 80720 |
| (2) "Administrative fee loss" means a county's loss of | 80721 |
| administrative fees due to its tax value loss, determined as | 80722 |
| follows: | 80723 |
| (a) For purposes of the determination made under division (B) | 80724 |
| of this section in the years 2006 through 2010, the administrative | 80725 |
| fee loss shall be computed by multiplying the amounts determined | 80726 |
| for all taxing districts in the county under divisions (D) and (E) | 80727 |
| of section 5751.20 of the Revised Code by nine thousand six | 80728 |
| hundred fifty-nine ten-thousandths of one per cent if total taxes | 80729 |
| collected in the county in 2004 exceeded one hundred fifty million | 80730 |
| dollars, or one and one thousand one hundred fifty-nine | 80731 |
| ten-thousandths of one per cent if total taxes collected in the | 80732 |
| county in 2004 were one hundred fifty million dollars or less; | 80733 |
| (b) For purposes of the determination under division (B) of | 80734 |
| this section in the years after 2010, the administrative fee | 80735 |
| losses shall be determined by multiplying the administrative fee | 80736 |
| losses calculated for 2010 by the fractions in divisions (A)(1)(b) | 80737 |
| to (i) of section 5751.22 of the Revised Code. | 80738 |
| (3) "Total taxes collected" means all money collected on any | 80739 |
| tax duplicate of the county, other than the estate tax duplicates. | 80740 |
| "Total taxes collected" does not include amounts received pursuant | 80741 |
| to divisions (F) and (G) of section 321.24 or section 323.156 of | 80742 |
| the Revised Code. | 80743 |
| (B) Not later than December 31, 2005, the tax commissioner | 80744 |
| shall certify to each county auditor the tax levy losses | 80745 |
| calculated under divisions (D) and (E) of section 5751.20 of the | 80746 |
| Revised Code for each school district, joint vocational school | 80747 |
| district, and local taxing unit in the county. Not later than the | 80748 |
| thirty-first day of January of 2006 through 2017, the county | 80749 |
| auditor shall determine the administrative fee loss for the county | 80750 |
| and apportion that loss ratably among the school districts, joint | 80751 |
| vocational school districts, and local taxing units on the basis | 80752 |
| of the tax levy losses certified under this division. | 80753 |
| (C) On or before each of the days prescribed for the | 80754 |
| settlements under divisions (A) and (C) of section 321.24 of the | 80755 |
| Revised Code in the years 2006 through 2017, the county treasurer | 80756 |
| shall deduct one-half of the amount apportioned to each school | 80757 |
| district, joint vocational school district, and local taxing unit | 80758 |
| from the portions of revenue payable to them. | 80759 |
| (D) On or before each of the days prescribed for settlements | 80760 |
| under divisions (A) and (C) of section 321.24 of the Revised Code | 80761 |
| in the years 2006 through 2017, the county auditor shall cause to | 80762 |
| be deposited an amount equal to one-half of the amount of the | 80763 |
| administrative fee loss in the same funds as if allowed as | 80764 |
| administrative fees. | 80765 |
| Sec. 5751.31. (A) Notwithstanding any section of law to the | 80766 |
| contrary, the tax commissioner may issue one or more final | 80767 |
| determinations under section 5703.60 of the Revised Code for which | 80768 |
| any appeal must be made directly to the supreme court within | 80769 |
| thirty days after the date the commissioner issued the | 80770 |
| determination if the primary issue raised by the petitioner is an | 80771 |
| issue arising under Section 3, 5a, or 13 of Article XII, Ohio | 80772 |
| Constitution. Such final determination shall clearly indicate that | 80773 |
| any appeal thereof must be made directly to the supreme court | 80774 |
| within the thirty-day period prescribed in this division. | 80775 |
| (B) If division (H)(3) of section 5751.01 of the Revised Code | 80776 |
| is determined to be unconstitutional under the Ohio Constitution | 80777 |
| or the Constitution of the United States, the commissioner may | 80778 |
| require taxpayers with taxable gross receipts in this state to | 80779 |
| provide a report as part of the tax returns the taxpayers file | 80780 |
| detailing the purchases they make from persons not registered to | 80781 |
| collect the tax imposed under this chapter. The commissioner shall | 80782 |
| adopt rules to enforce this division. The rules shall not require | 80783 |
| a taxpayer located in this state to file a report for purchases | 80784 |
| from a seller that total less than two million dollars in a | 80785 |
| calendar year. | 80786 |
| Sec. 5751.50. (A) For tax periods beginning on or after | 80787 |
| January 1, 2008, a refundable credit granted by the tax credit | 80788 |
| authority under section 122.17 of the Revised Code may be claimed | 80789 |
| under this chapter in the order required under section 5751.98 of | 80790 |
| the Revised Code. For purposes of making tax payments under this | 80791 |
| chapter, taxes equal to the amount of the refundable credit shall | 80792 |
| be considered to be paid to this state on the first day of the tax | 80793 |
| period. A credit claimed in calendar year 2008 may not be applied | 80794 |
| against the tax otherwise due for a tax period beginning before | 80795 |
| July 1, 2008. The refundable credit shall not be claimed against | 80796 |
| the tax otherwise due for any tax period beginning after the date | 80797 |
| on which a relocation of employment positions occurs in violation | 80798 |
| of an agreement entered into under sections 122.17 or 122.171 of | 80799 |
| the Revised Code. | 80800 |
| (B) For tax periods beginning on or after January 1, 2008, a | 80801 |
| nonrefundable credit granted by the tax credit authority under | 80802 |
| section 122.171 of the Revised Code may be claimed under this | 80803 |
| chapter in the order required under section 5751.98 of the Revised | 80804 |
| Code. A credit claimed in calendar year 2008 may not be applied | 80805 |
| against the tax otherwise due under this chapter for a tax period | 80806 |
| beginning before July 1, 2008. The credit shall not be claimed | 80807 |
| against the tax otherwise due for any tax period beginning after | 80808 |
| the date on which a relocation of employment positions occurs in | 80809 |
| violation of an agreement entered into under sections 122.17 or | 80810 |
| 122.171 of the Revised Code. No credit shall be allowed under this | 80811 |
| chapter if the credit was available against the tax imposed by | 80812 |
| section 5733.06 or 5747.02 of the Revised Code, except to the | 80813 |
| extent the credit was not applied against such tax. | 80814 |
| Sec. 5751.51. (A) As used in this section, "qualified | 80815 |
| research expenses" has the same meaning as in section 41 of the | 80816 |
| Internal Revenue Code. | 80817 |
| (B)(1) For tax periods beginning on or after January 1, 2008, | 80818 |
| a nonrefundable credit may be claimed under this chapter equal to | 80819 |
| seven per cent of the excess of (a) qualified research expenses | 80820 |
| incurred in this state by the taxpayer in the tax period for which | 80821 |
| the credit is claimed over (b) the taxpayer's average annual | 80822 |
| qualified research expenses incurred in this state for the three | 80823 |
| preceding tax periods. | 80824 |
| (2) The taxpayer shall claim the credit allowed under | 80825 |
| division (B)(1) of this section in the order required by section | 80826 |
| 5751.98 of the Revised Code. A credit claimed in tax year 2008 may | 80827 |
| not be applied against the tax otherwise due under this chapter | 80828 |
| for a tax period beginning before July 1, 2008. Any credit amount | 80829 |
| in excess of the tax due under section 5751.03 of the Revised | 80830 |
| Code, after allowing for any other credits that precede the credit | 80831 |
| under this section in the order required under that section, may | 80832 |
| be carried forward for seven tax years, but the amount of the | 80833 |
| excess credit claimed against the tax for any tax period shall be | 80834 |
| deducted from the balance carried forward to the next tax period. | 80835 |
| (3) No credit shall be allowed under this chapter if the | 80836 |
| credit was available against the tax imposed by section 5733.06 of | 80837 |
| the Revised Code, except to the extent the credit was not applied | 80838 |
| against such tax. | 80839 |
| Sec. 5751.52. (A) As used in this section: | 80840 |
| (1) "Borrower" means any person that receives a loan from the | 80841 |
| director of development under section 166.21 of the Revised Code, | 80842 |
| regardless of whether the borrower is subject to the tax imposed | 80843 |
| by this chapter. | 80844 |
| (2) "Qualified research and development loan payments" has | 80845 |
| the same meaning as in section 166.21 of the Revised Code. | 80846 |
| (3) "Related member" has the same meaning as in section | 80847 |
| 5733.042 of the Revised Code. | 80848 |
| (B) For tax periods beginning on or after January 1, 2008, a | 80849 |
| nonrefundable credit may be claimed under this chapter equal to a | 80850 |
| borrower's qualified research and development loan payments made | 80851 |
| during the calendar year immediately preceding the tax period for | 80852 |
| which the credit is claimed. The amount of the credit for a | 80853 |
| calendar year shall not exceed one hundred fifty thousand dollars. | 80854 |
| No taxpayer is entitled to claim a credit under this section | 80855 |
| unless the taxpayer has obtained a certificate issued by the | 80856 |
| director of development under division (D) of section 166.21 of | 80857 |
| the Revised Code. The credit shall be claimed in the order | 80858 |
| required under section 5151.98 of the Revised Code. A credit | 80859 |
| claimed in calendar year 2008 may not be applied against the tax | 80860 |
| otherwise due under this chapter for a tax period beginning before | 80861 |
| July 1, 2008. No credit shall be allowed under this chapter if the | 80862 |
| credit was available against the tax imposed by section 5733.06 or | 80863 |
| 5747.02 of the Revised Code except to the extent the credit was | 80864 |
| not applied against such tax. The credit, to the extent it exceeds | 80865 |
| the taxpayer's tax liability for a tax period after allowance for | 80866 |
| any other credits that precede the credit under this section in | 80867 |
| that order, shall be carried forward to the next succeeding tax | 80868 |
| period or periods, but the amount of the excess credit claimed | 80869 |
| against the tax for any tax period shall be deducted from the | 80870 |
| balance carried forward to the next tax period. | 80871 |
| (C) A borrower entitled to a credit under this section may | 80872 |
| assign the credit, or a portion thereof, to any of the following: | 80873 |
| (1) A related member of that borrower; | 80874 |
| (2) The owner or lessee of the eligible research and | 80875 |
| development project; | 80876 |
| (3) A related member of the owner or lessee of the eligible | 80877 |
| research and development project. | 80878 |
| A borrower making an assignment under this division shall | 80879 |
| provide written notice of the assignment to the tax commissioner | 80880 |
| and the director of development, in such form as the commissioner | 80881 |
| prescribes, before the credit that was assigned is used. The | 80882 |
| assignor may not claim the credit to the extent it was assigned to | 80883 |
| an assignee. The assignee may claim the credit only to the extent | 80884 |
| the assignor has not claimed it. | 80885 |
| (D) If any taxpayer is a partner in a partnership or a member | 80886 |
| in a limited liability company treated as a partnership for | 80887 |
| federal income tax purposes, the taxpayer shall be allowed the | 80888 |
| taxpayer's distributive or proportionate share of the credit | 80889 |
| available through the partnership or limited liability company. | 80890 |
| Sec. 5751.53. (A) As used in this section: | 80891 |
| (1) "Net income" and "taxable year" have the same meanings as | 80892 |
| in section 5733.04 of the Revised Code. | 80893 |
| (2) "Franchise tax year" means "tax year" as defined in | 80894 |
| section 5733.04 of the Revised Code. | 80895 |
| (3) "Deductible temporary differences" and "taxable temporary | 80896 |
| differences" have the same meanings as those terms have for | 80897 |
| purposes of paragraph 13 of the statement of financial accounting | 80898 |
| standards, number 109. | 80899 |
| (4) "Qualifying taxpayer" means a taxpayer under this chapter | 80900 |
| that has a qualifying Ohio net operating loss carryforward equal | 80901 |
| to or greater than the qualifying amount. | 80902 |
| (5) "Qualifying Ohio net operating loss carryforward" means | 80903 |
| an Ohio net operating loss carryforward that the taxpayer could | 80904 |
| deduct in whole or in part for franchise tax year 2006 under | 80905 |
| section 5733.04 of the Revised Code but for the application of | 80906 |
| division (H) of this section. A qualifying Ohio net operating loss | 80907 |
| carryforward shall not exceed the amount of loss carryforward from | 80908 |
| franchise tax year 2005 as reported by the taxpayer either on a | 80909 |
| franchise tax report for franchise tax year 2005 pursuant to | 80910 |
| section 5733.02 of the Revised Code or on an amended franchise tax | 80911 |
| report prepared in good faith for such year and filed before July | 80912 |
| 1, 2006. | 80913 |
| (6) "Disallowed Ohio net operating loss carryforward" means | 80914 |
| the lesser of the amounts described in division (A)(6)(a) or (b) | 80915 |
| of this section, but the amounts described in divisions (A)(6)(a) | 80916 |
| and (b) of this section shall each be reduced by the qualifying | 80917 |
| amount. | 80918 |
| (a) The qualifying taxpayer's qualifying Ohio net operating | 80919 |
| loss carryforward; | 80920 |
| (b) The Ohio net operating loss carryforward amount that the | 80921 |
| qualifying taxpayer used to compute the related deferred tax asset | 80922 |
| reflected on its books and records on the last day of its taxable | 80923 |
| year ending in 2004, adjusted for return to accrual, but this | 80924 |
| amount shall be reduced by the qualifying related valuation | 80925 |
| allowance amount. For the purposes of this section, the | 80926 |
| "qualifying related valuation allowance amount" is the amount of | 80927 |
| Ohio net operating loss reflected in the qualifying taxpayer's | 80928 |
| computation of the valuation allowance account, as shown on its | 80929 |
| books and records on the last day of its taxable year ending in | 80930 |
| 2004, with respect to the deferred tax asset relating to its Ohio | 80931 |
| net operating loss carryforward amount. | 80932 |
| (7) "Other net deferred tax items apportioned to this state" | 80933 |
| is the product of (a) the amount of net deferred tax items and (b) | 80934 |
| the fraction described in division (B)(2) of section 5733.05 for | 80935 |
| the qualifying taxpayer's franchise tax year 2005. | 80936 |
| (8)(a) Subject to divisions (A)(8)(b) to (d) of this section, | 80937 |
| the "amount of other net deferred tax items" is the difference | 80938 |
| between (i) the qualifying taxpayer's deductible temporary | 80939 |
| differences, net of related valuation allowance amounts, shown on | 80940 |
| the qualifying taxpayer's books and records on the last day of its | 80941 |
| taxable year ending in 2004, and (ii) the qualifying taxpayer's | 80942 |
| taxable temporary differences as shown on those books and records | 80943 |
| on that date. The amount of other net deferred tax items may be | 80944 |
| less than zero. | 80945 |
| (b) For the purposes of computing the amount of the | 80946 |
| qualifying taxpayer's other net deferred tax items described in | 80947 |
| division (A)(8)(a) of this section, any credit carryforward | 80948 |
| allowed under Chapter 5733. of the Revised Code shall be excluded | 80949 |
| from the amount of deductible temporary differences to the extent | 80950 |
| such credit carryforward amount, net of any related valuation | 80951 |
| allowance amount, is otherwise included in the qualifying | 80952 |
| taxpayer's deductible temporary differences, net of related | 80953 |
| valuation allowance amounts, shown on the qualifying taxpayer's | 80954 |
| books and records on the last day of the qualifying taxpayer's | 80955 |
| taxable year ending in 2004. | 80956 |
| (c) No portion of the disallowed Ohio net operating loss | 80957 |
| carryforward shall be included in the computation of the amount of | 80958 |
| the qualifying taxpayer's net deferred tax items described in | 80959 |
| division (A)(8)(a) of this section. | 80960 |
| (d) In no event shall the amount of other net deferred tax | 80961 |
| items exceed twenty-five per cent of the qualifying Ohio net | 80962 |
| operating loss carryforward. | 80963 |
| (9) "Amortizable amount" means: | 80964 |
| (a) If the qualifying taxpayer's other net deferred tax items | 80965 |
| apportioned to this state is equal to or greater than zero, eight | 80966 |
| per cent of the sum of the qualifying taxpayer's disallowed Ohio | 80967 |
| net operating loss carryforward and the qualifying taxpayer's | 80968 |
| other net deferred tax items apportioned to this state; | 80969 |
| (b) If the amount of the qualifying taxpayer's other net | 80970 |
| deferred tax items apportioned to this state is less than zero and | 80971 |
| if the absolute value of the amount of qualifying taxpayer's other | 80972 |
| net deferred tax items apportioned to this state is less than the | 80973 |
| qualifying taxpayer's disallowed net operating loss, eight per | 80974 |
| cent of the difference between the qualifying taxpayer's | 80975 |
| disallowed net operating loss carryforward and the absolute value | 80976 |
| of the qualifying taxpayer's other net deferred tax items | 80977 |
| apportioned to this state; | 80978 |
| (c) If the amount of the qualifying taxpayer's other net | 80979 |
| deferred tax items apportioned to this state is less than zero and | 80980 |
| if the absolute value of the amount of qualifying taxpayer's other | 80981 |
| net deferred tax items apportioned to this state is equal to or | 80982 |
| greater than the qualifying taxpayer's disallowed net operating | 80983 |
| loss, zero. | 80984 |
| (10) "Books and records" means the qualifying taxpayer's | 80985 |
| books, records, and all other information, all of which the | 80986 |
| qualifying taxpayer maintains and uses to prepare and issue its | 80987 |
| financial statements in accordance with generally accepted | 80988 |
| accounting principles. | 80989 |
| (11)(a) Except as modified by division (A)(11)(b) of this | 80990 |
| section, "qualifying amount" means fifty million dollars per | 80991 |
| person. | 80992 |
| (b) If for franchise tax year 2005 the person was a member of | 80993 |
| a combined franchise tax report, as provided by section 5733.052 | 80994 |
| of the Revised Code, the "qualifying amount" is, in the aggregate, | 80995 |
| fifty million dollars for all members of that combined franchise | 80996 |
| tax report, and for purposes of divisions (A)(6)(a) and (b) of | 80997 |
| this section, those members shall allocate to each member any | 80998 |
| portion of the fifty million dollar amount. The total amount | 80999 |
| allocated to the members who are qualifying taxpayers shall equal | 81000 |
| fifty million dollars. | 81001 |
| (B) For each calendar period beginning prior to January 1, | 81002 |
| 2030, there is hereby allowed a nonrefundable tax credit against | 81003 |
| the tax levied each year by this chapter on each qualifying | 81004 |
| taxpayer, on each consolidated elected taxpayer having one or more | 81005 |
| qualifying taxpayers as a member, and on each combined taxpayer | 81006 |
| having one or more qualifying taxpayers as a member. The credit | 81007 |
| shall be claimed in the order specified in section 5751.98 of the | 81008 |
| Revised Code and is allowed only to reduce the first one-half of | 81009 |
| any tax remaining after allowance of the credits that precede it | 81010 |
| in section 5751.98 of the Revised Code. No credit under division | 81011 |
| (B) of this section shall be allowed against the second one-half | 81012 |
| of such remaining tax. | 81013 |
| Except as otherwise limited by divisions (C) and (D) of this | 81014 |
| section, the maximum amount of the nonrefundable credit that may | 81015 |
| be used against the first one-half of the remaining tax for each | 81016 |
| calendar year is as follows: | 81017 |
| (1) For calendar year 2010, ten per cent of the amortizable | 81018 |
| amount; | 81019 |
| (2) For calendar year 2011, twenty per cent of the | 81020 |
| amortizable amount, less all amounts previously used; | 81021 |
| (3) For calendar year 2012, thirty per cent of the | 81022 |
| amortizable amount, less all amounts previously used; | 81023 |
| (4) For calendar year 2013, forty per cent of the amortizable | 81024 |
| amount, less all amounts previously used; | 81025 |
| (5) For calendar year 2014, fifty per cent of the amortizable | 81026 |
| amount, less all amounts previously used; | 81027 |
| (6) For calendar year 2015, sixty per cent of the amortizable | 81028 |
| amount, less all amounts previously used; | 81029 |
| (7) For calendar year 2016, seventy per cent of the | 81030 |
| amortizable amount, less all amounts previously used; | 81031 |
| (8) For calendar year 2017, eighty per cent of the | 81032 |
| amortizable amount, less all amounts previously used; | 81033 |
| (9) For calendar year 2018, ninety per cent of the | 81034 |
| amortizable amount, less all amounts previously used; | 81035 |
| (10) For each of calendar years 2019 through 2029, one | 81036 |
| hundred per cent of the amortizable amount, less all amounts used | 81037 |
| in all previous years. | 81038 |
| In no event shall the cumulative credit used for calendar | 81039 |
| years 2010 through 2029 exceed one hundred per cent of the | 81040 |
| amortizable amount. | 81041 |
| (C)(1) Except as otherwise set forth in division (C)(2) of | 81042 |
| this section, a refundable credit is allowed in calendar year 2030 | 81043 |
| for any portion of the qualifying taxpayer's amortizable amount | 81044 |
| that is not used in accordance with division (B) of this section | 81045 |
| against the tax levied by this chapter on all taxpayers. | 81046 |
| (2) Division (C)(1) of this section shall not apply and no | 81047 |
| refundable credit shall be available to any person if during any | 81048 |
| portion of the calendar year 2030 the person is not subject to the | 81049 |
| tax imposed by this chapter. | 81050 |
| (D) Not later than June 30, 2006, each qualifying taxpayer, | 81051 |
| consolidated elected taxpayer, or combined taxpayer that will | 81052 |
| claim for any commercial activity tax year the credit allowed in | 81053 |
| divisions (B) and (C) of this section shall file with the tax | 81054 |
| commissioner a report setting forth the amortizable amount | 81055 |
| available to such taxpayer and all other related information that | 81056 |
| the commissioner, by rule, requires. If the taxpayer does not | 81057 |
| timely file the report or fails to provide timely all information | 81058 |
| required by this division, the taxpayer is precluded from claiming | 81059 |
| any credit amounts described in divisions (B) and (C) of this | 81060 |
| section. | 81061 |
| (E) For the purpose of calculating the amortizable amount, if | 81062 |
| the tax commissioner ascertains that any portion of that amount is | 81063 |
| the result of a sham transaction as described in section 5703.56 | 81064 |
| of the Revised Code, the commissioner shall reduce the amortizable | 81065 |
| amount by two times the adjustment. | 81066 |
| (F) If one entity transfers all or a portion of its assets | 81067 |
| and equity to another entity as part of an entity organization or | 81068 |
| reorganization or subsequent entity organization or reorganization | 81069 |
| for which no gain or loss is recognized in whole or in part for | 81070 |
| federal income tax purposes under the Internal Revenue Code, the | 81071 |
| credits allowed by this section shall be computed in a manner | 81072 |
| consistent with that used to compute the portion, if any, of | 81073 |
| federal net operating losses allowed to the respective entities | 81074 |
| under the Internal Revenue Code. The tax commissioner may | 81075 |
| prescribe forms or rules for making the computations required by | 81076 |
| this division. | 81077 |
| (G)(1) Except as provided in division (F) of this section, no | 81078 |
| person shall pledge, collateralize, hypothecate, assign, convey, | 81079 |
| sell, exchange, or otherwise dispose of any or all tax credits, or | 81080 |
| any portion of any or all tax credits allowed under this section. | 81081 |
| (2) No credit allowed under this section is subject to | 81082 |
| execution, attachment, lien, levy, or other judicial proceeding. | 81083 |
| (H)(1)(a) Except as set forth in division (H)(1)(b) of this | 81084 |
| section and notwithstanding division (I)(1) of section 5733.04 of | 81085 |
| the Revised Code to the contrary, each person timely and fully | 81086 |
| complying with the reporting requirements set forth in division | 81087 |
| (E) of this section shall not claim, and shall not be entitled to | 81088 |
| claim, any deduction or adjustment for any Ohio net operating loss | 81089 |
| carried forward to any one or more franchise tax years after | 81090 |
| franchise tax year 2005. | 81091 |
| (b) Division (H)(1)(a) of this section applies only to the | 81092 |
| portion of the Ohio net operating loss represented by the | 81093 |
| disallowed Ohio net operating loss carryforward. | 81094 |
| (2) Notwithstanding division (I) of section 5733.04 of the | 81095 |
| Revised Code to the contrary, with respect to all franchise tax | 81096 |
| years after franchise tax year 2005, each person timely and fully | 81097 |
| complying with the reporting requirements set forth in division | 81098 |
| (D) of this section shall not claim, and shall not be entitled to | 81099 |
| claim, any deduction, exclusion, or adjustment with respect to | 81100 |
| deductible temporary differences reflected on the person's books | 81101 |
| and records on the last day of its taxable year ending in 2004. | 81102 |
| (3)(a) Except as set forth in division (H)(3)(b) of this | 81103 |
| section and notwithstanding division (I) of section 5733.04 of the | 81104 |
| Revised Code to the contrary, with respect to all franchise tax | 81105 |
| years after franchise tax year 2005, each person timely and fully | 81106 |
| complying with the reporting requirements set forth in division | 81107 |
| (D) of this section shall exclude from Ohio net income all taxable | 81108 |
| temporary differences reflected on the person's books and records | 81109 |
| on the last day of its taxable year ending in 2004. | 81110 |
| (b) In no event shall the exclusion provided by division | 81111 |
| (H)(3)(a) of this section for any franchise tax year exceed the | 81112 |
| amount of the taxable temporary differences otherwise included in | 81113 |
| Ohio net income for that year. | 81114 |
| (4) Divisions (H)(2) and (3) of this section shall apply only | 81115 |
| to the extent such items were used in the calculations of the | 81116 |
| credit provided by this section. | 81117 |
| Sec. 5751.98. (A) To provide a uniform procedure for | 81118 |
| calculating the amount of tax due under this chapter, a taxpayer | 81119 |
| shall claim any credits to which it is entitled in the following | 81120 |
| order: | 81121 |
| (1) The nonrefundable jobs retention credit under division | 81122 |
| (B) of section 5751.50 of the Revised Code; | 81123 |
| (2) The nonrefundable credit for qualified research expenses | 81124 |
| under division (B) of section 5751.51 of the Revised Code; | 81125 |
| (3) The nonrefundable credit for a borrower's qualified | 81126 |
| research and development loan payments under division (B) of | 81127 |
| section 5751.52 of the Revised Code; | 81128 |
| (4) The nonrefundable credit for calendar years 2010 to 2029 | 81129 |
| for unused net operating losses under division (B) of section | 81130 |
| 5751.53 of the Revised Code; | 81131 |
| (5) The refundable credit for calendar year 2030 for unused | 81132 |
| net operating losses under division (C) of section 5751.53 of the | 81133 |
| Revised Code; | 81134 |
| (6) The refundable jobs creation credit under division (A) of | 81135 |
| section 5751.50 of the Revised Code. | 81136 |
| (B) For any credit except the credit enumerated in division | 81137 |
| (A)(4) of this section, the amount of the credit for a tax period | 81138 |
| shall not exceed the tax due after allowing for any other credit | 81139 |
| that precedes it in the order required under this section. Any | 81140 |
| excess amount of a particular credit may be carried forward if | 81141 |
| authorized under the section creating the credit. | 81142 |
| Sec. 5751.99. (A) Whoever files a fraudulent refund claim | 81143 |
| under section 5751.08 of the Revised Code shall be fined the | 81144 |
| greater of not more than one thousand dollars or the amount of the | 81145 |
| fraudulent refund requested or imprisoned not more than sixty | 81146 |
| days, or both. | 81147 |
| (B) Except as provided in this section, whoever violates any | 81148 |
| section of this chapter, or any rule adopted by the tax | 81149 |
| commissioner under this chapter, shall be fined not more than five | 81150 |
| hundred dollars or imprisoned not more than thirty days, or both. | 81151 |
| (C) The penalties provided in this section are in addition to | 81152 |
| any penalties imposed by the tax commissioner under section | 81153 |
| 5751.06 of the Revised Code. | 81154 |
| Sec. 5907.15. There is hereby created in the state treasury | 81155 |
| the Ohio veterans' homes rental, service, and medicare | 81156 |
| reimbursement fund. Revenue generated from temporary use | 81157 |
| agreements of a veterans' home, from the sale of meals at a home's | 81158 |
| dining halls, from rental, lease, or sharing agreements for the | 81159 |
| use of facilities, supplies, equipment, utilities, or services | 81160 |
| provided by a home, and from medicare reimbursements shall be | 81161 |
| credited to the fund. The fund shall be used only for maintenance | 81162 |
| costs of the homes and for the purchase of medications, medication | 81163 |
| services, medical supplies, and medical equipment by the homes. | 81164 |
| Sec. 5919.31. (A) If an active duty member of the Ohio | 81165 |
| national guard chooses to purchase life insurance pursuant to the | 81166 |
| "Servicemembers' Group Life Insurance Act," 79 Stat. 880 et seq. | 81167 |
| (1965), 38 U.S.C. 1965 et seq., the adjutant general shall | 81168 |
| reimburse the member in an amount equal to the monthly premium | 81169 |
| paid for each month or part of a month by the member pursuant to | 81170 |
| the act while being an active duty member. | 81171 |
| (B) The adjutant general may request additional money from | 81172 |
| the controlling board if the adjutant general does not have | 81173 |
| sufficient available unencumbered funds to reimburse active duty | 81174 |
| members for life insurance premiums pursuant to this section. | 81175 |
| (C) The adjutant general may prescribe and enforce | 81176 |
| regulations to implement the requirements of this section. In | 81177 |
| prescribing and enforcing those regulations, the adjutant general | 81178 |
| need not comply with section 111.15 or Chapter 119. of the Revised | 81179 |
| Code. | 81180 |
| (D) As used in this section, "active duty member" means a | 81181 |
| member of the Ohio national guard on active duty pursuant to an | 81182 |
| executive order of the president of the United States, the "Act of | 81183 |
| October 28, 2004," 118 Stat. 1878, 32 U.S.C. 901 to 908, as | 81184 |
| amended, another act of the congress of the United States, or a | 81185 |
| proclamation of the governor. | 81186 |
| Sec. 5919.33. | 81187 |
| 81188 | |
| general shall pay a death benefit of
| 81189 |
| dollars from the appropriations | 81190 |
| the purpose to the beneficiary or beneficiaries of any active duty | 81191 |
| member of the Ohio national guard who dies
while performing | 81192 |
| active duty | 81193 |
| 81194 | |
| been so designated in a written statement as prescribed by the | 81195 |
| adjutant general. | 81196 |
| (C) As used in this section, "active duty member" means a | 81197 |
| member of the Ohio national guard on active duty pursuant to an | 81198 |
| executive order of the president of the United States, the "Act of | 81199 |
| October 28, 2004," 118 Stat. 1878, 32 U.S.C. 901 to 908, as | 81200 |
| amended, another act of the congress of the United States, or a | 81201 |
| proclamation of the governor. | 81202 |
| Sec. 5919.341. There is hereby created in the state treasury | 81203 |
| the national guard scholarship reserve fund. Not later than the | 81204 |
| first day of July of each fiscal year, the Ohio board of regents | 81205 |
| shall certify to the director of budget and management the | 81206 |
| unencumbered balance of the general revenue fund appropriations | 81207 |
| made in the immediately preceding fiscal year for purposes of the | 81208 |
| Ohio national guard scholarship program created under division (B) | 81209 |
| of section 5919.34 of the Revised Code. Upon receipt of the | 81210 |
| certification, the director may transfer an amount not exceeding | 81211 |
| the certified amount from the general revenue fund to the national | 81212 |
| guard scholarship reserve fund. Moneys in the national guard | 81213 |
| scholarship reserve fund shall be used to pay scholarship | 81214 |
| obligations in excess of the general revenue fund appropriations | 81215 |
| made for that purpose. Upon request of the adjutant general, the | 81216 |
| Ohio board of regents shall seek controlling board approval to | 81217 |
| establish appropriations as necessary. | 81218 |
| The director may transfer any unencumbered balance from the | 81219 |
| national guard scholarship reserve fund to the general revenue | 81220 |
| fund. | 81221 |
| Sec. 5920.01. (A) The governor shall organize and maintain | 81222 |
| within this state on a cadre or reserve basis military forces | 81223 |
| capable of being expanded and trained to defend this state | 81224 |
| whenever the Ohio national guard, or a part thereof, is employed | 81225 |
| so as to leave this state without adequate defense. In case of an | 81226 |
| emergency proclaimed by the president, or the Congress of the | 81227 |
| United States, or the governor, or caused by enemy action or | 81228 |
| imminent danger thereof, the governor, as commander in chief, | 81229 |
| shall expand such forces as the exigency of the occasion requires. | 81230 |
| Such forces shall be organized and maintained under regulations | 81231 |
| which shall not be inconsistent with such regulations as the | 81232 |
| secretary of defense prescribes for discipline and training and | 81233 |
| shall be composed of officers commissioned and assigned, and such | 81234 |
| able-bodied citizens of the state as are accepted therein. Such | 81235 |
| forces shall be equipped with suitable uniforms not in violation | 81236 |
| of federal laws or contrary to the regulations of the secretary of | 81237 |
| defense. Such forces shall be known as the Ohio military reserve. | 81238 |
| During the period of organization on a cadre or reserve basis the | 81239 |
| commander in chief may fix lesser rates of pay for armory drill | 81240 |
| purposes or for service in encampments and maneuvers. In the event | 81241 |
| that the regulations of the department of defense are modified so | 81242 |
| as to recognize the Ohio military reserve as a part of the Ohio | 81243 |
| national guard not subject to induction into federal service, the | 81244 |
| laws pertaining to the Ohio national guard shall apply to the Ohio | 81245 |
| military reserve and it shall be known as a component of the Ohio | 81246 |
| national guard. | 81247 |
| (B) The commander of the Ohio military reserve shall report | 81248 |
| all expenditures and the use of all funds by the Ohio military | 81249 |
| reserve to the general assembly. The commander annually shall | 81250 |
| deliver the report, in writing, within three months of the end of | 81251 |
| the state fiscal year. | 81252 |
| Sec. 6109.21. (A) Except as provided in divisions (D) and | 81253 |
| (E) of this section, on and after January 1, 1994, no person shall | 81254 |
| operate or maintain a public water system in this state without a | 81255 |
| license issued by the director of environmental protection. A | 81256 |
| person who operates or maintains a public water system on January | 81257 |
| 1, 1994, shall obtain an initial license under this section in | 81258 |
| accordance with the following schedule: | 81259 |
| (1) If the public water system is a community water system, | 81260 |
| not later than January 31, 1994; | 81261 |
| (2) If the public water system is not a community water | 81262 |
| system and serves a nontransient population, not later than | 81263 |
| January 31, 1994; | 81264 |
| (3) If the public water system is not a community water | 81265 |
| system and serves a transient population, not later than January | 81266 |
| 31, 1995. | 81267 |
| A person proposing to operate or maintain a new public water | 81268 |
| system after January 1, 1994, in addition to complying with | 81269 |
| section 6109.07 of the Revised Code and rules adopted under it, | 81270 |
| shall submit an application for an initial license under this | 81271 |
| section to the director prior to commencing operation of the | 81272 |
| system. | 81273 |
| A license or license renewal issued under this section shall | 81274 |
| be renewed annually. Such a license or license renewal shall | 81275 |
| expire on the thirtieth day of January in the year following its | 81276 |
| issuance. A license holder that proposes to continue operating the | 81277 |
| public water system for which the license or license renewal was | 81278 |
| issued shall apply for a license renewal at least thirty days | 81279 |
| prior to that expiration date. | 81280 |
| The director shall adopt, and may amend and rescind, rules in | 81281 |
| accordance with Chapter 119. of the Revised Code establishing | 81282 |
| procedures governing and information to be included on | 81283 |
| applications for licenses and license renewals under this section. | 81284 |
|
Through June 30,
| 81285 |
| by the appropriate fee established under division (M) of section | 81286 |
| 3745.11 of the Revised Code, provided that an applicant for an | 81287 |
| initial license who is proposing to operate or maintain a new | 81288 |
| public water system after January 1, 1994, shall submit a fee that | 81289 |
| equals a prorated amount of the appropriate fee established under | 81290 |
| that division for the remainder of the licensing year. | 81291 |
| (B) Not later than thirty days after receiving a completed | 81292 |
| application and the appropriate license fee for an initial license | 81293 |
| under division (A) of this section, the director shall issue the | 81294 |
| license for the public water system. Not later than thirty days | 81295 |
| after receiving a completed application and the appropriate | 81296 |
| license fee for a license renewal under division (A) of this | 81297 |
| section, the director shall do one of the following: | 81298 |
| (1) Issue the license renewal for the public water system; | 81299 |
| (2) Issue the license renewal subject to terms and conditions | 81300 |
| that the director determines are necessary to ensure compliance | 81301 |
| with this chapter and rules adopted under it; | 81302 |
| (3) Deny the license renewal if the director finds that the | 81303 |
| public water system was not operated in substantial compliance | 81304 |
| with this chapter and rules adopted under it. | 81305 |
| (C) The director may suspend or revoke a license or license | 81306 |
| renewal issued under this section if the director finds that the | 81307 |
| public water system was not operated in substantial compliance | 81308 |
| with this chapter and rules adopted under it. The director shall | 81309 |
| adopt, and may amend and rescind, rules in accordance with Chapter | 81310 |
| 119. of the Revised Code governing such suspensions and | 81311 |
| revocations. | 81312 |
| (D)(1) As used in division (D) of this section, "church" | 81313 |
| means a fellowship of believers, congregation, society, | 81314 |
| corporation, convention, or association that is formed primarily | 81315 |
| or exclusively for religious purposes and that is not formed or | 81316 |
| operated for the private profit of any person. | 81317 |
| (2) This section does not apply to a church that operates or | 81318 |
| maintains a public water system solely to provide water for that | 81319 |
| church or for a campground that is owned by the church and | 81320 |
| operated primarily or exclusively for members of the church and | 81321 |
| their families. A church that, on or before March 5, 1996, has | 81322 |
| obtained a license under this section for such a public water | 81323 |
| system need not obtain a license renewal under this section. | 81324 |
| (E) This section does not apply to any public or nonpublic | 81325 |
| school that meets minimum standards of the state board of | 81326 |
| education that operates or maintains a public water system solely | 81327 |
| to provide water for that school. | 81328 |
| Sec. 6111.30. (A) Applications for a section 401 water | 81329 |
| quality certification required under division (P) of section | 81330 |
| 6111.03 of the Revised Code shall be submitted on forms provided | 81331 |
| by the director of environmental protection and shall include all | 81332 |
| information required on those forms as well as all of the | 81333 |
| following: | 81334 |
| (1) A copy of a letter from the United States army corps of | 81335 |
| engineers documenting its jurisdiction over the wetlands, streams, | 81336 |
| or other waters of the state that are the subject of the section | 81337 |
| 401 water quality certification application; | 81338 |
| (2) If the project involves impacts to a wetland, a wetland | 81339 |
| characterization analysis consistent with the Ohio rapid | 81340 |
| assessment method; | 81341 |
| (3) If the project involves a stream for which a specific | 81342 |
| aquatic life use designation has not been made, a use | 81343 |
| attainability analysis; | 81344 |
| (4) A specific and detailed mitigation proposal, including | 81345 |
| the location and proposed legal mechanism for protecting the | 81346 |
| property in perpetuity; | 81347 |
| (5) Applicable fees; | 81348 |
| (6) Site photographs; | 81349 |
| (7) Adequate documentation confirming that the applicant has | 81350 |
| requested comments from the department of natural resources and | 81351 |
| the United States fish and wildlife service regarding threatened | 81352 |
| and endangered species, including the presence or absence of | 81353 |
| critical habitat; | 81354 |
| (8) Descriptions, schematics, and appropriate economic | 81355 |
| information concerning the applicant's preferred alternative, | 81356 |
| nondegradation alternatives, and minimum degradation alternatives | 81357 |
| for the design and operation of the project; | 81358 |
| (9) The applicant's investigation report of the waters of the | 81359 |
| United States in support of a section 404 permit application | 81360 |
| concerning the project; | 81361 |
| (10) A copy of the United States army corps of engineers' | 81362 |
| public notice regarding the section 404 permit application | 81363 |
| concerning the project. | 81364 |
| (B) Not later than fifteen business days after the receipt of | 81365 |
| an application for a section 401 water quality certification, the | 81366 |
| director shall review the application to determine if it is | 81367 |
| complete and shall notify the applicant in writing as to whether | 81368 |
| the application is complete. If the director fails to notify the | 81369 |
| applicant within fifteen business days regarding the completeness | 81370 |
| of the application, the application is considered complete. If the | 81371 |
| director determines that the application is not complete, the | 81372 |
| director shall include with the written notification an itemized | 81373 |
| list of the information or materials that are necessary to | 81374 |
| complete the application. If the applicant fails to provide the | 81375 |
| information or materials within sixty days after the director's | 81376 |
| receipt of the application, the director may return the incomplete | 81377 |
| application to the applicant and take no further action on the | 81378 |
| application. If the application is withdrawn or returned to the | 81379 |
| applicant because it is incomplete, the director shall return the | 81380 |
| review fee levied under division (A)(1), (2), or (3) of section | 81381 |
| 3745.114 of the Revised Code to the applicant, but shall retain | 81382 |
| the application fee levied under that section. | 81383 |
| The time period specified in division (G) of this section | 81384 |
| does not apply until the application is determined to be complete | 81385 |
| by the director. Determining that an application is complete does | 81386 |
| not constitute a technical review or approval of the application. | 81387 |
| (C) Not later than twenty-one days after a determination that | 81388 |
| an application is complete under division (B) of this section, the | 81389 |
| applicant shall publish public notice of the director's receipt of | 81390 |
| the complete application in a newspaper of general circulation in | 81391 |
| the county in which the project that is the subject of the | 81392 |
| application is located. The public notice shall be in a form | 81393 |
| acceptable to the director. The applicant shall promptly provide | 81394 |
| the director with proof of publication. The applicant may choose, | 81395 |
| subject to review by and approval of the director, to include in | 81396 |
| the public notice an advertisement for an antidegradation public | 81397 |
| hearing on the application pursuant to section 6111.12 of the | 81398 |
| Revised Code. There shall be a public comment period of thirty | 81399 |
| days following the publication of the public notice. | 81400 |
| (D) If the director determines that there is significant | 81401 |
| public interest in a public hearing as evidenced by the public | 81402 |
| comments received concerning the application and by other requests | 81403 |
| for a public hearing on the application, the director or the | 81404 |
| director's representative shall conduct a public hearing | 81405 |
| concerning the application. Notice of the public hearing shall be | 81406 |
| published by the applicant, subject to review and approval by the | 81407 |
| director, at least thirty days prior to the date of the hearing in | 81408 |
| a newspaper of general circulation in the county in which the | 81409 |
| project that is the subject of the application is to take place. | 81410 |
| If a public hearing is requested concerning an application, the | 81411 |
| director shall accept comments concerning the application until | 81412 |
| five business days after the public hearing. A public hearing | 81413 |
| conducted under this division shall take place not later than one | 81414 |
| hundred days after the application is determined to be complete. | 81415 |
| (E) The director shall forward all public comments concerning | 81416 |
| an application submitted under this section that are received | 81417 |
| through the public involvement process required by rules adopted | 81418 |
| under this chapter to the applicant not later than five business | 81419 |
| days after receipt of the comments by the director. | 81420 |
| (F) The applicant shall respond in writing to written | 81421 |
| comments or to deficiencies identified by the director during the | 81422 |
| course of reviewing the application not later than fifteen days | 81423 |
| after receiving or being notified of them. | 81424 |
| (G) The director shall issue or deny a section 401 water | 81425 |
| quality certification not later than one hundred fifty days after | 81426 |
| the application for the certification is received. The director | 81427 |
| shall provide an applicant for a section 401 water quality | 81428 |
| certification with an opportunity to review the certification | 81429 |
| prior to its issuance. | 81430 |
| (H) The director shall maintain an accessible database that | 81431 |
| includes environmentally beneficial water restoration and | 81432 |
| protection projects that may serve as potential mitigation | 81433 |
| projects for projects in the state for which a section 401 water | 81434 |
| quality certification is required. A project's inclusion in the | 81435 |
| database does not constitute an approval of the project. | 81436 |
| (I) As used in this section and sections 6111.31 and 6111.32 | 81437 |
| of the Revised Code, "section 401 water quality certification" | 81438 |
| means certification pursuant to section 401 of the Federal Water | 81439 |
| Pollution Control Act and this chapter and rules adopted under it | 81440 |
| that any discharge, as set forth in section 401, will comply with | 81441 |
| sections 301, 302, 303, 306, and 307 of the Federal Water | 81442 |
| Pollution Control Act. | 81443 |
| Sec. 6111.31. All substantive wetland, stream, or lake | 81444 |
| mitigation standards, criteria, scientific methods, processes, or | 81445 |
| other procedures or policies that are used in a uniform manner by | 81446 |
| the director of environmental protection in evaluating the | 81447 |
| adequacy of a mitigation proposal contained in an application for | 81448 |
| a section 401 water quality certification shall be adopted and | 81449 |
| reviewed in accordance with sections 119.03 and 119.032 of the | 81450 |
| Revised Code before those standards, criteria, or scientific | 81451 |
| methods have the force of law. Until that time, any such | 81452 |
| mitigation standards, criteria, scientific methods, processes, or | 81453 |
| other procedures or policies that are used by or approved for use | 81454 |
| by the director to evaluate, measure, or determine the success, | 81455 |
| approval, or denial of a mitigation proposal, but that have not | 81456 |
| been subject to review under sections 119.03 and 119.032 or the | 81457 |
| Revised Code shall not be used as the basis for any certification | 81458 |
| or permit denial or as a standard applied to mitigation unless the | 81459 |
| applicant has been notified in advance that additional mitigation | 81460 |
| standards, criteria, scientific methods, processes, or procedures | 81461 |
| will be considered as part of the review process. | 81462 |
| Sec. 6111.32. (A) Mitigation for wetland or stream impacts | 81463 |
| for which a section 401 water quality certification has been | 81464 |
| issued under section 6111.30 of the Revised Code shall be | 81465 |
| conducted by the applicant for the certification in accordance | 81466 |
| with the following requirements: | 81467 |
| (1) For impacts to one acre or less of category 1 or category | 81468 |
| 2 wetlands, the applicant shall conduct mitigation within the same | 81469 |
| United States army corps of engineers district as the impacts. | 81470 |
| (2) For all other wetland or stream impacts, mitigation shall | 81471 |
| occur in the following preferred order: | 81472 |
| (a) On-site mitigation, provided that it is practicable and, | 81473 |
| if applicable, will provide wetland functions and values; | 81474 |
| (b) Mitigation within the eight-digit United States | 81475 |
| geological survey watershed or within the service area of a | 81476 |
| mitigation bank approved by a mitigation bank review team | 81477 |
| appointed by the director of environmental protection; | 81478 |
| (c) Mitigation in an adjacent eight-digit United States | 81479 |
| geological survey watershed; | 81480 |
| (d) Mitigation within the same United States army corps of | 81481 |
| engineers district as the impacts. | 81482 |
| (B) As used in this section, "category 1 wetland" and | 81483 |
| "category 2 wetland" have the same meanings as in section 6111.02 | 81484 |
| of the Revised Code. | 81485 |
| Sec. 6121.04. The Ohio water development authority may do | 81486 |
| any or all of the following: | 81487 |
| (A) Adopt bylaws for the regulation of its affairs and the | 81488 |
| conduct of its business; | 81489 |
| (B) Adopt an official seal; | 81490 |
| (C) Maintain a principal office and suboffices at places | 81491 |
| within the state that it designates; | 81492 |
| (D) Sue and plead in its own name and be sued and impleaded | 81493 |
| in its own name with respect to its contracts or torts of its | 81494 |
| members, employees, or agents acting within the scope of their | 81495 |
| employment, or to enforce its obligations and covenants made under | 81496 |
| sections 6121.06, 6121.08, and 6121.13 of the Revised Code. Any | 81497 |
| such actions against the authority shall be brought in the court | 81498 |
| of common pleas of the county in which the principal office of the | 81499 |
| authority is located or in the court of common pleas of the county | 81500 |
| in which the cause of action arose, provided that the county is | 81501 |
| located within this state, and all summonses, exceptions, and | 81502 |
| notices of every kind shall be served on the authority by leaving | 81503 |
| a copy thereof at the principal office with the person in charge | 81504 |
| thereof or with the secretary-treasurer of the authority. | 81505 |
| (E) Make loans and grants to governmental agencies for the | 81506 |
| acquisition or construction of water development projects by any | 81507 |
| such governmental agency and adopt rules and procedures for making | 81508 |
| such loans and grants; | 81509 |
| (F) Acquire, construct, reconstruct, enlarge, improve, | 81510 |
| furnish, equip, maintain, repair, operate, or lease or rent to, or | 81511 |
| contract for operation by, a governmental agency or person, water | 81512 |
| development projects, and establish rules for the use of those | 81513 |
| projects; | 81514 |
| (G) Make available the use or services of any water | 81515 |
| development project to one or more persons, one or more | 81516 |
| governmental agencies, or any combination thereof; | 81517 |
| (H) Issue water development revenue bonds and notes and water | 81518 |
| development revenue refunding bonds of the state, payable solely | 81519 |
| from revenues as provided in section 6121.06 of the Revised Code, | 81520 |
| unless the bonds are refunded by refunding bonds, for the purpose | 81521 |
| of paying any part of the cost of one or more water development | 81522 |
| projects or parts thereof; | 81523 |
| (I) Acquire by gift or purchase, hold, and dispose of real | 81524 |
| and personal property in the exercise of its powers and the | 81525 |
| performance of its duties under this chapter; | 81526 |
| (J) Acquire, in the name of the state, by purchase or | 81527 |
| otherwise, on terms and in the manner that it considers proper, or | 81528 |
| by the exercise of the right of condemnation in the manner | 81529 |
| provided by section 6121.18 of the Revised Code, public or private | 81530 |
| lands, including public parks, playgrounds, or reservations, or | 81531 |
| parts thereof or rights therein, rights-of-way, property, rights, | 81532 |
| easements, and interests that it considers necessary for carrying | 81533 |
| out this chapter, but excluding the acquisition by the exercise of | 81534 |
| the right of condemnation of any waste water facility or water | 81535 |
| management facility owned by any person or governmental agency, | 81536 |
| and compensation shall be paid for public or private lands so | 81537 |
| taken, except that a government-owned waste water facility may be | 81538 |
| appropriated in accordance with section 6121.041 of the Revised | 81539 |
| Code; | 81540 |
| (K) Adopt rules to protect augmented flow in waters of the | 81541 |
| state, to the extent augmented by a water development project, | 81542 |
| from depletion so it will be available for beneficial use, and to | 81543 |
| provide standards for the withdrawal from waters of the state of | 81544 |
| the augmented flow created by a water development project that is | 81545 |
| not returned to the waters of the state so augmented and to | 81546 |
| establish reasonable charges therefor if considered necessary by | 81547 |
| the authority; | 81548 |
| (L) Make and enter into all contracts and agreements and | 81549 |
| execute all instruments necessary or incidental to the performance | 81550 |
| of its duties and the execution of its powers under this chapter | 81551 |
| in accordance with the following requirements: | 81552 |
| (1) When the cost under any such contract or agreement, other | 81553 |
| than compensation for personal services, involves an expenditure | 81554 |
| of more than | 81555 |
| make a written contract with the lowest responsive and responsible | 81556 |
| bidder, in accordance with section 9.312 of the Revised Code, | 81557 |
| after advertisement for not less than two consecutive weeks in a | 81558 |
| newspaper of general circulation in Franklin county, and in other | 81559 |
| publications that the authority determines, which shall state the | 81560 |
| general character of the work and the general character of the | 81561 |
| materials to be furnished, the place where plans and | 81562 |
| specifications therefor may be examined, and the time and place of | 81563 |
| receiving bids, provided that a contract or lease for the | 81564 |
| operation of a water development project constructed and owned by | 81565 |
| the authority or an agreement for cooperation in the acquisition | 81566 |
| or construction of a water development project pursuant to section | 81567 |
| 6121.13 of the Revised Code or any contract for the construction | 81568 |
| of a water development project that is to be leased by the | 81569 |
| authority to, and operated by, persons who are not governmental | 81570 |
| agencies and the cost of the project is to be amortized | 81571 |
| exclusively from rentals or other charges paid to the authority by | 81572 |
| persons who are not governmental agencies is not subject to the | 81573 |
| foregoing requirements and the authority may enter into such a | 81574 |
| contract or lease or such an agreement pursuant to negotiation and | 81575 |
| upon terms and conditions and for the period that it finds to be | 81576 |
| reasonable and proper in the circumstances and in the best | 81577 |
| interests of proper operation or of efficient acquisition or | 81578 |
| construction of the project. | 81579 |
| (2) Each bid for a contract for the construction, demolition, | 81580 |
| alteration, repair, or reconstruction of an improvement shall | 81581 |
| contain the full name of every person interested in it and shall | 81582 |
| meet the requirements of section 153.54 of the Revised Code. | 81583 |
| (3) Each bid for a contract except as provided in division | 81584 |
| (L)(2) of this section shall contain the full name of every person | 81585 |
| or company interested in it and shall be accompanied by a | 81586 |
| sufficient bond or certified check on a solvent bank that if the | 81587 |
| bid is accepted, a contract will be entered into and the | 81588 |
| performance thereof secured. | 81589 |
| (4) The authority may reject any and all bids. | 81590 |
| (5) A bond with good and sufficient surety, approved by the | 81591 |
| authority, shall be required of every contractor awarded a | 81592 |
| contract except as provided in division (L)(2) of this section, in | 81593 |
| an amount equal to at least fifty per cent of the contract price, | 81594 |
| conditioned upon the faithful performance of the contract. | 81595 |
| (M) Employ managers, superintendents, and other employees and | 81596 |
| retain or contract with consulting engineers, financial | 81597 |
| consultants, accounting experts, architects, attorneys, and other | 81598 |
| consultants and independent contractors that are necessary in its | 81599 |
| judgment to carry out this chapter, and fix the compensation | 81600 |
| thereof. All expenses thereof shall be payable solely from the | 81601 |
| proceeds of water development revenue bonds or notes issued under | 81602 |
| this chapter, from revenues, or from funds appropriated for that | 81603 |
| purpose by the general assembly. | 81604 |
| (N) Receive and accept from any federal agency, subject to | 81605 |
| the approval of the governor, grants for or in aid of the | 81606 |
| construction of any water development project or for research and | 81607 |
| development with respect to waste water or water management | 81608 |
| facilities, and receive and accept aid or contributions from any | 81609 |
| source of money, property, labor, or other things of value, to be | 81610 |
| held, used, and applied only for the purposes for which the grants | 81611 |
| and contributions are made; | 81612 |
| (O) Engage in research and development with respect to waste | 81613 |
| water or water management facilities; | 81614 |
| (P) Purchase fire and extended coverage and liability | 81615 |
| insurance for any water development project and for the principal | 81616 |
| office and suboffices of the authority, insurance protecting the | 81617 |
| authority and its officers and employees against liability for | 81618 |
| damage to property or injury to or death of persons arising from | 81619 |
| its operations, and any other insurance the authority may agree to | 81620 |
| provide under any resolution authorizing its water development | 81621 |
| revenue bonds or in any trust agreement securing the same; | 81622 |
| (Q) Charge, alter, and collect rentals and other charges for | 81623 |
| the use or services of any water development project as provided | 81624 |
| in section 6121.13 of the Revised Code; | 81625 |
| (R) Provide coverage for its employees under Chapters 145., | 81626 |
| 4123., and 4141. of the Revised Code; | 81627 |
| (S) Assist in the implementation and administration of the | 81628 |
| drinking water assistance fund and program created in section | 81629 |
| 6109.22 of the Revised Code and the water pollution control loan | 81630 |
| fund and program created in section 6111.036 of the Revised Code, | 81631 |
| including, without limitation, performing or providing fiscal | 81632 |
| management for the funds and investing and disbursing moneys in | 81633 |
| the funds, and enter into all necessary and appropriate agreements | 81634 |
| with the director of environmental protection for those purposes; | 81635 |
| (T) Issue water development revenue bonds and notes of the | 81636 |
| state in principal amounts that are necessary for the purpose of | 81637 |
| raising moneys for the sole benefit of the water pollution control | 81638 |
| loan fund created in section 6111.036 of the Revised Code, | 81639 |
| including moneys to meet the requirement for providing matching | 81640 |
| moneys under division (D) of that section. The bonds and notes may | 81641 |
| be secured by appropriate trust agreements and repaid from moneys | 81642 |
| credited to the fund from payments of principal and interest on | 81643 |
| loans made from the fund, as provided in division (F) of section | 81644 |
| 6111.036 of the Revised Code. | 81645 |
| (U) Issue water development revenue bonds and notes of the | 81646 |
| state in principal amounts that are necessary for the purpose of | 81647 |
| raising moneys for the sole benefit of the drinking water | 81648 |
| assistance fund created in section 6109.22 of the Revised Code, | 81649 |
| including moneys to meet the requirement for providing matching | 81650 |
| moneys under divisions (B) and (F) of that section. The bonds and | 81651 |
| notes may be secured by appropriate trust agreements and repaid | 81652 |
| from moneys credited to the fund from payments of principal and | 81653 |
| interest on loans made from the fund, as provided in division (F) | 81654 |
| of section 6109.22 of the Revised Code. | 81655 |
| (V) Make loans to and enter into agreements with boards of | 81656 |
| county commissioners for the purposes of section 1521.26 of the | 81657 |
| Revised Code and adopt rules establishing requirements and | 81658 |
| procedures for making the loans and entering into the agreements; | 81659 |
| (W) Do all acts necessary or proper to carry out the powers | 81660 |
| expressly granted in this chapter. | 81661 |
| Any instrument by which real property is acquired pursuant to | 81662 |
| this section shall identify the agency of the state that has the | 81663 |
| use and benefit of the real property as specified in section | 81664 |
| 5301.012 of the Revised Code. | 81665 |
| " Sec. 6111.30. (A) Applications for a section 401 water | 81666 |
| quality certification required under division (P) of section | 81667 |
| 6111.03 of the Revised Code shall be submitted on forms provided | 81668 |
| by the director of environmental protection and shall include all | 81669 |
| information required on those forms as well as all of the | 81670 |
| following: | 81671 |
| (1) A copy of a letter from the United States army corps of | 81672 |
| engineers documenting its jurisdiction over the wetlands, streams, | 81673 |
| or other waters of the state that are the subject of the section | 81674 |
| 401 water quality certification application; | 81675 |
| (2) If the project involves impacts to a wetland, a wetland | 81676 |
| characterization analysis consistent with the Ohio rapid | 81677 |
| assessment method; | 81678 |
| (3) If the project involves a stream for which a specific | 81679 |
| aquatic life use designation has not been made, a use | 81680 |
| attainability analysis; | 81681 |
| (4) A specific and detailed mitigation proposal, including | 81682 |
| the location and proposed legal mechanism for protecting the | 81683 |
| property in perpetuity; | 81684 |
| (5) Applicable fees; | 81685 |
| (6) Site photographs; | 81686 |
| (7) Adequate documentation confirming that the applicant has | 81687 |
| requested comments from the department of natural resources and | 81688 |
| the United States fish and wildlife service regarding threatened | 81689 |
| and endangered species, including the presence or absence of | 81690 |
| critical habitat; | 81691 |
| (8) Descriptions, schematics, and appropriate economic | 81692 |
| information concerning the applicant's preferred alternative, | 81693 |
| nondegradation alternatives, and minimum degradation alternatives | 81694 |
| for the design and operation of the project; | 81695 |
| (9) The applicant's investigation report of the waters of the | 81696 |
| United States in support of a section 404 permit application | 81697 |
| concerning the project; | 81698 |
| (10) A copy of the United States army corps of engineers' | 81699 |
| public notice regarding the section 404 permit application | 81700 |
| concerning the project. | 81701 |
| (B) Not later than fifteen business days after the receipt of | 81702 |
| an application for a section 401 water quality certification, the | 81703 |
| director shall review the application to determine if it is | 81704 |
| complete and shall notify the applicant in writing as to whether | 81705 |
| the application is complete. If the director fails to notify the | 81706 |
| applicant within fifteen business days regarding the completeness | 81707 |
| of the application, the application is considered complete. If the | 81708 |
| director determines that the application is not complete, the | 81709 |
| director shall include with the written notification an itemized | 81710 |
| list of the information or materials that are necessary to | 81711 |
| complete the application. If the applicant fails to provide the | 81712 |
| information or materials within sixty days after the director's | 81713 |
| receipt of the application, the director may return the incomplete | 81714 |
| application to the applicant and take no further action on the | 81715 |
| application. If the application is withdrawn or returned to the | 81716 |
| applicant because it is incomplete, the director shall return the | 81717 |
| review fee levied under division (A)(1), (2), or (3) of section | 81718 |
| 3745.114 of the Revised Code to the applicant, but shall retain | 81719 |
| the application fee levied under that section. | 81720 |
| The time period specified in division (G) of this section | 81721 |
| does not apply until the application is determined to be complete | 81722 |
| by the director. Determining that an application is complete does | 81723 |
| not constitute a technical review or approval of the application. | 81724 |
| (C) Not later than twenty-one days after a determination that | 81725 |
| an application is complete under division (B) of this section, the | 81726 |
| applicant shall publish public notice of the director's receipt of | 81727 |
| the complete application in a newspaper of general circulation in | 81728 |
| the county in which the project that is the subject of the | 81729 |
| application is located. The public notice shall be in a form | 81730 |
| acceptable to the director. The applicant shall promptly provide | 81731 |
| the director with proof of publication. The applicant may choose, | 81732 |
| subject to review by and approval of the director, to include in | 81733 |
| the public notice an advertisement for an antidegradation public | 81734 |
| hearing on the application pursuant to section 6111.12 of the | 81735 |
| Revised Code. There shall be a public comment period of thirty | 81736 |
| days following the publication of the public notice. | 81737 |
| (D) If the director determines that there is significant | 81738 |
| public interest in a public hearing as evidenced by the public | 81739 |
| comments received concerning the application and by other requests | 81740 |
| for a public hearing on the application, the director or the | 81741 |
| director's representative shall conduct a public hearing | 81742 |
| concerning the application. Notice of the public hearing shall be | 81743 |
| published by the applicant, subject to review and approval by the | 81744 |
| director, at least thirty days prior to the date of the hearing in | 81745 |
| a newspaper of general circulation in the county in which the | 81746 |
| project that is the subject of the application is to take place. | 81747 |
| If a public hearing is requested concerning an application, the | 81748 |
| director shall accept comments concerning the application until | 81749 |
| five business days after the public hearing. A public hearing | 81750 |
| conducted under this division shall take place not later than one | 81751 |
| hundred days after the application is determined to be complete. | 81752 |
| (E) The director shall forward all public comments concerning | 81753 |
| an application submitted under this section that are received | 81754 |
| through the public involvement process required by rules adopted | 81755 |
| under this chapter to the applicant not later than five business | 81756 |
| days after receipt of the comments by the director. | 81757 |
| (F) The applicant shall respond in writing to written | 81758 |
| comments or to deficiencies identified by the director during the | 81759 |
| course of reviewing the application not later than fifteen days | 81760 |
| after receiving or being notified of them. | 81761 |
| (G) The director shall issue or deny a section 401 water | 81762 |
| quality certification not later than one hundred fifty days after | 81763 |
| the application for the certification is received. The director | 81764 |
| shall provide an applicant for a section 401 water quality | 81765 |
| certification with an opportunity to review the certification | 81766 |
| prior to its issuance. | 81767 |
| (H) The director shall maintain an accessible database that | 81768 |
| includes environmentally beneficial water restoration and | 81769 |
| protection projects that may serve as potential mitigation | 81770 |
| projects for projects in the state for which a section 401 water | 81771 |
| quality certification is required. A project's inclusion in the | 81772 |
| database does not constitute an approval of the project. | 81773 |
| (I) As used in this section and sections 6111.31 and 6111.32 | 81774 |
| of the Revised Code, "section 401 water quality certification" | 81775 |
| means certification pursuant to section 401 of the Federal Water | 81776 |
| Pollution Control Act and this chapter and rules adopted under it | 81777 |
| that any discharge, as set forth in section 401, will comply with | 81778 |
| sections 301, 302, 303, 306, and 307 of the Federal Water | 81779 |
| Pollution Control Act. | 81780 |
| Sec. 6111.31. All substantive wetland, stream, or lake | 81781 |
| mitigation standards, criteria, scientific methods, processes, or | 81782 |
| other procedures or policies that are used in a uniform manner by | 81783 |
| the director of environmental protection in evaluating the | 81784 |
| adequacy of a mitigation proposal contained in an application for | 81785 |
| a section 401 water quality certification shall be adopted and | 81786 |
| reviewed in accordance with sections 119.03 and 119.032 of the | 81787 |
| Revised Code before those standards, criteria, or scientific | 81788 |
| methods have the force of law. Until that time, any such | 81789 |
| mitigation standards, criteria, scientific methods, processes, or | 81790 |
| other procedures or policies that are used by or approved for use | 81791 |
| by the director to evaluate, measure, or determine the success, | 81792 |
| approval, or denial of a mitigation proposal, but that have not | 81793 |
| been subject to review under sections 119.03 and 119.032 or the | 81794 |
| Revised Code shall not be used as the basis for any certification | 81795 |
| or permit denial or as a standard applied to mitigation unless the | 81796 |
| applicant has been notified in advance that additional mitigation | 81797 |
| standards, criteria, scientific methods, processes, or procedures | 81798 |
| will be considered as part of the review process. | 81799 |
| Sec. 6111.32. (A) Mitigation for wetland or stream impacts | 81800 |
| for which a section 401 water quality certification has been | 81801 |
| issued under section 6111.30 of the Revised Code shall be | 81802 |
| conducted by the applicant for the certification in accordance | 81803 |
| with the following requirements: | 81804 |
| (1) For impacts to one acre or less of category 1 or category | 81805 |
| 2 wetlands, the applicant shall conduct mitigation within the same | 81806 |
| United States army corps of engineers district as the impacts. | 81807 |
| (2) For all other wetland or stream impacts, mitigation shall | 81808 |
| occur in the following preferred order: | 81809 |
| (a) On-site mitigation, provided that it is practicable and, | 81810 |
| if applicable, will provide wetland functions and values; | 81811 |
| (b) Mitigation within the eight-digit United States | 81812 |
| geological survey watershed or within the service area of a | 81813 |
| mitigation bank approved by a mitigation bank review team | 81814 |
| appointed by the director of environmental protection; | 81815 |
| (c) Mitigation in an adjacent eight-digit United States | 81816 |
| geological survey watershed; | 81817 |
| (d) Mitigation within the same United States army corps of | 81818 |
| engineers district as the impacts. | 81819 |
| (B) As used in this section, "category 1 wetland" and | 81820 |
| "category 2 wetland" have the same meanings as in section 6111.02 | 81821 |
| of the Revised Code." | 81822 |
| Sec. 6123.04. For the purposes of this chapter, the Ohio | 81823 |
| water development authority may: | 81824 |
| (A) Adopt bylaws for the regulation of its affairs and the | 81825 |
| conduct of its business under this chapter; | 81826 |
| (B) Sue and plead in its own name; be sued and impleaded in | 81827 |
| its own name with respect to its contracts or torts of its | 81828 |
| members, employees, or agents acting within the scope of their | 81829 |
| employment, or to enforce its obligations and covenants made under | 81830 |
| sections 6123.06, 6123.08, and 6123.13 of the Revised Code. Any | 81831 |
| such actions against the authority shall be brought in the court | 81832 |
| of common pleas of the county in which the principal office of the | 81833 |
| authority is located, or in the court of common pleas of the | 81834 |
| county in which the cause of action arose, provided such county is | 81835 |
| located within this state, and all summonses, exceptions, and | 81836 |
| notices of every kind shall be served on the authority by leaving | 81837 |
| a copy thereof at the principal office with the person in charge | 81838 |
| thereof or with the secretary-treasurer of the authority. | 81839 |
| (C) Make loans and grants to governmental agencies for the | 81840 |
| acquisition or construction of development projects by any such | 81841 |
| governmental agency and adopt rules and procedures for making such | 81842 |
| loans and grants; | 81843 |
| (D) Acquire, construct, reconstruct, enlarge, improve, | 81844 |
| furnish, equip, maintain, repair, operate, lease or rent to, or | 81845 |
| contract for operation by, a person or governmental agency, | 81846 |
| development projects, and establish rules for the use of such | 81847 |
| projects; | 81848 |
| (E) Make available the use or services of any development | 81849 |
| project to one or more persons, one or more governmental agencies, | 81850 |
| or any combination thereof; | 81851 |
| (F) Issue development revenue bonds and notes and development | 81852 |
| revenue refunding bonds of the state, payable solely from revenues | 81853 |
| as provided in section 6123.06 of the Revised Code, unless the | 81854 |
| bonds be refunded by refunding bonds, for the purpose of paying | 81855 |
| any part of the cost of one or more development projects or parts | 81856 |
| thereof; | 81857 |
| (G) Acquire by gift or purchase, hold, and dispose of real | 81858 |
| and personal property in the exercise of the powers of the | 81859 |
| authority and the performance of its duties under this chapter; | 81860 |
| (H) Acquire, in the name of the state, by purchase or | 81861 |
| otherwise, on such terms and in such manner as the authority | 81862 |
| determines proper, public or private lands, or parts thereof or | 81863 |
| rights therein, rights-of-way, property, rights, easements, and | 81864 |
| interests as it finds necessary for carrying out this chapter; and | 81865 |
| compensation shall be paid for public or private lands so taken; | 81866 |
| (I) Make and enter into all contracts and agreements and | 81867 |
| execute all instruments necessary or incidental to the performance | 81868 |
| of its duties and the execution of its powers under this chapter: | 81869 |
| (1) When the cost under any such contract or agreement, other | 81870 |
| than compensation for personal services, involves an expenditure | 81871 |
| of more than | 81872 |
| make a written contract with the lowest responsive and responsible | 81873 |
| bidder, in accordance with section 9.312 of the Revised Code, | 81874 |
| after advertisement for not less than two consecutive weeks in a | 81875 |
| newspaper of general circulation in Franklin county, and in such | 81876 |
| other publications as the authority determines, such notice shall | 81877 |
| state the general character of the work and materials to be | 81878 |
| furnished, the place where plans and specifications therefor may | 81879 |
| be examined, and the time and place of receiving bids. Provided, | 81880 |
| that a contract or lease for the operation of a development | 81881 |
| project constructed and owned by the authority or an agreement for | 81882 |
| cooperation in the acquisition or construction of a development | 81883 |
| project pursuant to section 6123.13 of the Revised Code or any | 81884 |
| contract for the construction of a development project that is to | 81885 |
| be leased by the authority to, and operated by, persons who are | 81886 |
| not governmental agencies and the cost of such project is to be | 81887 |
| amortized exclusively from rentals or other charges paid to the | 81888 |
| authority by persons who are not governmental agencies or by | 81889 |
| governmental agencies that receive the use or services of such | 81890 |
| project, including governmental agencies that are parties to an | 81891 |
| agreement for cooperation in the acquisition or construction of | 81892 |
| such development project pursuant to section 6123.13 of the | 81893 |
| Revised Code, is not subject to the foregoing requirements and the | 81894 |
| authority may enter into such contract or lease or such agreement | 81895 |
| pursuant to negotiation and upon such terms and conditions and for | 81896 |
| such period as it finds to be reasonable and proper in the | 81897 |
| circumstances and in the best interests of proper operation or of | 81898 |
| efficient acquisition or construction of such project. | 81899 |
| (2) Each bid for a contract for the construction, demolition, | 81900 |
| alteration, repair, or reconstruction of an improvement shall | 81901 |
| contain the full name of every person interested in it and who | 81902 |
| meets the requirements of section 153.54 of the Revised Code. | 81903 |
| (3) Each bid for a contract, except as provided in division | 81904 |
| (I)(2) of this section, shall contain the full name of every | 81905 |
| person or company interested in it and shall be accompanied by a | 81906 |
| sufficient bond or certified check on a solvent bank that if the | 81907 |
| bid is accepted a contract will be entered into and the | 81908 |
| performance thereof secured. | 81909 |
| (4) The authority may reject any and all bids. | 81910 |
| (5) A bond with good and sufficient surety, approved by the | 81911 |
| authority, shall be required of every contractor awarded a | 81912 |
| contract except as provided in division (I)(2) of this section, in | 81913 |
| an amount equal to at least fifty per cent of the contract price, | 81914 |
| conditioned upon the faithful performance of the contract. | 81915 |
| (J) Employ managers, superintendents, and other employees and | 81916 |
| retain or contract with consulting engineers, financial | 81917 |
| consultants, accounting experts, architects, attorneys, and such | 81918 |
| other consultants and independent contractors as are necessary in | 81919 |
| its judgment to carry out this chapter, and fix the compensation | 81920 |
| thereof. All expenses thereof shall be payable solely from the | 81921 |
| proceeds of development revenue bonds or notes issued under this | 81922 |
| chapter, from revenues, or from funds appropriated for such | 81923 |
| purpose by the general assembly. | 81924 |
| (K) Receive and accept from any federal agency, subject to | 81925 |
| the approval of the governor, grants for or in aid of the | 81926 |
| construction of any development project or for research and | 81927 |
| development with respect to solid waste facilities or energy | 81928 |
| resource development facilities, and receive and accept aid or | 81929 |
| contributions from any source of money, property, labor, or other | 81930 |
| things of value, to be held, used, and applied only for the | 81931 |
| purposes for which such grants and contributions are made; | 81932 |
| (L) Engage in research and development with respect to solid | 81933 |
| waste facilities or energy resource development facilities; | 81934 |
| (M) Purchase fire and extended coverage and liability | 81935 |
| insurance for any development project and for the principal office | 81936 |
| and sub-offices of the authority, insurance protecting the | 81937 |
| authority and its officers and employees against liability for | 81938 |
| damage to property or injury to or death of persons arising from | 81939 |
| its operations, and any other insurance the authority may agree to | 81940 |
| provide under any resolution authorizing its development revenue | 81941 |
| bonds or in any trust agreement securing the same; | 81942 |
| (N) Charge, alter, and collect rentals and other charges for | 81943 |
| the use or services of any development project as provided in | 81944 |
| section 6123.13 of the Revised Code; | 81945 |
| (O) Provide coverage for its employees under Chapters 145., | 81946 |
| 4123., and 4141. of the Revised Code; | 81947 |
| (P) Do all acts necessary or proper to carry out the powers | 81948 |
| expressly granted in this chapter. | 81949 |
| Any instrument by which real property is acquired pursuant to | 81950 |
| this section shall identify the agency of the state that has the | 81951 |
| use and benefit of the real property as specified in section | 81952 |
| 5301.012 of the Revised Code. | 81953 |
| Section 101.02. That existing sections 9.24, 101.68, 102.02, | 81954 |
| 102.06, 105.41, 108.05, 109.54, 109.57, 109.60, 109.79, 109.91, | 81955 |
| 109.98, 117.10, 120.06, 120.13, 120.23, 120.52, 120.53, 121.37, | 81956 |
| 121.38, 122.011, 122.17, 122.171, 122.18, 122.40, 122.603, 122.71, | 81957 |
| 122.72, 122.73, 122.74, 122.75, 122.751, 122.76, 122.77, 122.78, | 81958 |
| 122.79, 122.82, 122.83, 122.95, 122.951, 123.01, 123.152, 123.17, | 81959 |
| 124.01, 124.02, 124.04, 124.07, 124.09, 124.11, 124.133, 124.14, | 81960 |
| 124.15, 124.20, 124.23, 124.231, 124.241, 124.25, 124.26, 124.27, | 81961 |
| 124.29, 124.30, 124.31, 124.311, 124.32, 124.321, 124.322, | 81962 |
| 124.323, 124.324, 124.325, 124.328, 124.33, 124.34, 125.041, | 81963 |
| 125.05, 125.09, 125.11, 125.831, 125.832, 126.25, 127.16, 131.02, | 81964 |
| 131.23, 133.09, 140.01, 140.08, 141.011, 141.04, 147.05, 147.10, | 81965 |
| 147.11, 147.12, 147.371, 149.30, 150.07, 150.10, 173.26, 173.40, | 81966 |
| 173.99, 181.251, 181.51, 181.52, 181.54, 181.55, 181.56, 183.28, | 81967 |
| 184.02, 305.171, 307.37, 307.695, 307.76, 307.86, 307.88, 317.08, | 81968 |
| 317.36, 319.20, 319.302, 321.24, 323.01, 323.152, 325.31, 329.04, | 81969 |
| 329.051, 339.72, 339.88, 340.03, 340.16, 731.14, 731.141, 742.59, | 81970 |
| 901.43, 903.05, 905.32, 905.33, 905.331, 905.36, 905.37, 905.38, | 81971 |
| 905.381, 905.50, 905.501, 905.66, 907.16, 913.02, 913.23, 915.02, | 81972 |
| 915.16, 915.24, 921.02, 921.16, 923.44, 923.45, 923.46, 926.01, | 81973 |
| 927.69, 1111.04, 1327.511, 1502.02, 1509.06, 1509.072, 1509.31, | 81974 |
| 1515.14, 1517.02, 1521.062, 1531.27, 1533.10, 1533.11, 1533.111, | 81975 |
| 1533.112, 1533.12, 1533.32, 1533.99, 1541.03, 1548.06, 1707.01, | 81976 |
| 1707.17, 1707.19, 1707.20, 1707.22, 1707.23, 1707.25, 1707.261, | 81977 |
| 1707.431, 1707.44, 1707.46, 1711.52, 1711.53, 1713.03, 1751.03, | 81978 |
| 1751.04, 1751.05, 1751.89, 1901.26, 1901.31, 1907.24, 2113.041, | 81979 |
| 2117.061, 2151.352, 2151.416, 2152.43, 2152.44, 2152.74, 2303.201, | 81980 |
| 2305.234, 2329.66, 2743.191, 2744.05, 2744.08, 2901.07, 2913.40, | 81981 |
| 2921.13, 2923.25, 2971.051, 3107.10, 3111.04, 3119.54, 3121.12, | 81982 |
| 3121.50, 3125.18, 3301.079, 3301.0710, 3301.0711, 3301.0714, | 81983 |
| 3301.0715, 3301.12, 3301.16, 3301.311, 3301.32, 3301.56, 3301.86, | 81984 |
| 3301.88, 3302.03, 3311.059, 3313.207, 3313.208, 3313.209, | 81985 |
| 3313.489, 3313.975, 3313.976, 3313.977, 3313.978, 3313.98, | 81986 |
| 3314.01, 3314.013, 3314.015, 3314.02, 3314.021, 3314.03, 3314.031, | 81987 |
| 3314.032, 3314.033, 3314.034, 3314.06, 3314.074, 3314.08, 3314.13, | 81988 |
| 3314.17, 3315.17, 3315.18, 3315.37, 3316.06, 3316.16, 3317.013, | 81989 |
| 3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.026, | 81990 |
| 3317.027, 3317.028, 3317.029, 3317.0216, 3317.0217, 3317.03, | 81991 |
| 3317.031, 3317.05, 3317.052, 3317.053, 3317.06, 3317.063, 3317.07, | 81992 |
| 3317.081, 3317.09, 3317.10, 3317.16, 3317.20, 3317.21, 3317.22, | 81993 |
| 3317.23, 3317.50, 3317.51, 3318.091, 3318.33, 3319.081, 3319.17, | 81994 |
| 3319.22, 3319.235, 3319.55, 3323.021, 3323.091, 3323.14, 3323.16, | 81995 |
| 3327.01, 3332.092, 3333.04, 3333.044, 3333.12, 3333.121, 3333.27, | 81996 |
| 3333.28, 3333.36, 3333.38, 3334.01, 3334.02, 3334.03, 3334.07, | 81997 |
| 3334.08, 3334.09, 3334.10, 3334.11, 3334.12, 3334.15, 3334.16, | 81998 |
| 3334.17, 3334.18, 3334.19, 3335.02, 3345.10, 3345.19, 3345.32, | 81999 |
| 3353.01, 3353.04, 3353.06, 3353.07, 3362.02, 3365.01, 3365.02, | 82000 |
| 3375.48, 3375.49, 3375.54, 3375.55, 3381.02, 3381.04, 3381.05, | 82001 |
| 3381.06, 3381.07, 3381.15, 3383.02, 3383.09, 3501.17, 3517.13, | 82002 |
| 3517.151, 3701.023, 3701.146, 3701.65, 3702.141, 3702.51, 3702.68, | 82003 |
| 3702.71, 3702.74, 3703.01, 3703.03, 3703.04, 3703.05, 3703.06, | 82004 |
| 3703.07, 3703.08, 3703.10, 3703.99, 3704.035, 3704.143, 3704.99, | 82005 |
| 3705.24, 3709.29, 3709.34, 3712.03, 3714.07, 3721.01, 3721.011, | 82006 |
| 3721.02, 3721.03, 3721.07, 3721.15, 3721.19, 3721.21, 3721.50, | 82007 |
| 3721.51, 3721.52, 3721.56, 3721.58, 3722.01, 3722.02, 3722.04, | 82008 |
| 3734.01, 3734.20, 3734.21, 3734.22, 3734.23, 3734.28, 3734.57, | 82009 |
| 3734.573, 3734.85, 3734.901, 3734.9010, 3735.27, 3743.01, 3743.02, | 82010 |
| 3743.04, 3743.05, 3743.06, 3743.15, 3743.17, 3743.18, 3743.19, | 82011 |
| 3743.57, 3743.59, 3743.65, 3743.75, 3745.11, 3745.12, 3746.04, | 82012 |
| 3746.071, 3748.07, 3748.13, 3773.34, 3773.38, 3773.39, 3773.40, | 82013 |
| 3773.57, 3781.07, 3781.10, 3781.102, 3793.09, 3901.021, 3901.17, | 82014 |
| 3901.3814, 3901.78, 3903.14, 3903.42, 3905.04, 3905.36, 3905.40, | 82015 |
| 3923.27, 4112.12, 4115.03, 4115.032, 4115.071, 4115.21, 4115.32, | 82016 |
| 4115.34, 4117.10, 4117.24, 4121.12, 4121.121, 4121.125, 4123.27, | 82017 |
| 4123.44, 4123.47, 4301.10, 4301.43, 4303.182, 4501.01, 4501.37, | 82018 |
| 4503.103, 4503.471, 4503.48, 4503.50, 4503.53, 4503.571, 4503.59, | 82019 |
| 4503.73, 4503.85, 4503.91, 4505.06, 4506.03, 4506.07, 4511.191, | 82020 |
| 4511.75, 4517.01, 4519.01, 4519.02, 4519.09, 4561.17, 4561.18, | 82021 |
| 4561.21, 4703.15, 4705.09, 4709.05, 4713.02, 4717.05, 4723.32, | 82022 |
| 4723.63, 4731.65, 4731.71, 4736.11, 4736.12, 4740.14, 4753.03, | 82023 |
| 4753.06, 4753.071, 4753.08, 4753.09, 4755.03, 4755.48, 4766.09, | 82024 |
| 4905.10, 4905.54, 4905.95, 4911.18, 4973.171, 5101.16, 5101.181, | 82025 |
| 5101.21, 5101.241, 5101.26, 5101.31, 5101.35, 5101.36, 5101.46, | 82026 |
| 5101.47, 5101.75, 5101.752, 5101.80, 5101.801, 5101.821, 5104.01, | 82027 |
| 5104.02, 5104.30, 5104.32, 5104.38, 5107.05, 5107.10, 5107.26, | 82028 |
| 5107.30, 5107.58, 5110.01, 5110.05, 5110.352, 5110.39, 5111.011, | 82029 |
| 5111.019, 5111.0112, 5111.02, 5111.021, 5111.022, 5111.023, | 82030 |
| 5111.025, 5111.042, 5111.06, 5111.082, 5111.11, 5111.111, | 82031 |
| 5111.113, 5111.16, 5111.17, 5111.172, 5111.19, 5111.20, 5111.204, | 82032 |
| 5111.21, 5111.22, 5111.221, 5111.23, 5111.231, 5111.235, 5111.241, | 82033 |
| 5111.25, 5111.251, 5111.255, 5111.257, 5111.26, 5111.261, | 82034 |
| 5111.263, 5111.264, 5111.27, 5111.28, 5111.29, 5111.291, 5111.30, | 82035 |
| 5111.31, 5111.32, 5111.33, 5111.62, 5111.81, 5111.85, 5111.87, | 82036 |
| 5111.871, 5111.88, 5111.911, 5111.97, 5111.99, 5112.03, 5112.08, | 82037 |
| 5112.17, 5112.30, 5112.31, 5115.20, 5115.22, 5115.23, 5119.61, | 82038 |
| 5120.09, 5120.51, 5121.01, 5121.02, 5121.03, 5121.04, 5121.05, | 82039 |
| 5121.06, 5121.061, 5121.07, 5121.08, 5121.09, 5121.10, 5121.11, | 82040 |
| 5121.12, 5121.21, 5122.03, 5122.31, 5123.01, 5123.045, 5123.046, | 82041 |
| 5123.047, 5123.049, 5123.0412, 5123.34, 5123.41, 5123.701, | 82042 |
| 5123.71, 5123.76, 5126.01, 5126.035, 5126.042, 5126.054, 5126.055, | 82043 |
| 5126.056, 5126.057, 5126.12, 5139.01, 5139.36, 5153.16, 5502.01, | 82044 |
| 5531.10, 5540.01, 5540.09, 5552.01, 5703.052, 5703.053, 5703.26, | 82045 |
| 5703.50, 5703.70, 5703.80, 5703.99, 5705.091, 5705.19, 5705.391, | 82046 |
| 5711.21, 5711.22, 5711.28, 5715.01, 5715.24, 5725.01, 5725.19, | 82047 |
| 5727.01, 5727.02, 5727.06, 5727.08, 5727.10, 5727.11, 5727.111, | 82048 |
| 5727.12, 5727.23, 5727.47, 5727.81, 5727.82, 5727.84, 5727.85, | 82049 |
| 5727.99, 5728.01, 5728.02, 5728.03, 5728.04, 5728.06, 5728.08, | 82050 |
| 5728.99, 5729.08, 5731.01, 5731.05, 5731.131, 5731.14, 5731.18, | 82051 |
| 5731.181, 5731.39, 5731.41, 5731.99, 5733.01, 5733.065, 5733.066, | 82052 |
| 5733.33, 5733.351, 5733.352, 5733.40, 5733.41, 5733.49, 5733.98, | 82053 |
| 5733.99, 5735.99, 5737.03, 5739.01, 5739.02, 5739.021, 5739.025, | 82054 |
| 5739.026, 5739.03, 5739.033, 5739.034, 5739.035, 5739.09, 5739.10, | 82055 |
| 5739.12, 5739.16, 5739.17, 5739.99, 5741.02, 5741.16, 5741.99, | 82056 |
| 5743.01, 5743.02, 5743.03, 5743.05, 5743.071, 5743.08, 5743.10, | 82057 |
| 5743.111, 5743.112, 5743.14, 5743.15, 5743.16, 5743.18, 5743.19, | 82058 |
| 5743.20, 5743.32, 5743.33, 5743.99, 5747.01, 5747.012, 5747.02, | 82059 |
| 5747.05, 5747.08, 5747.212, 5747.331, 5747.70, 5747.80, 5747.98, | 82060 |
| 5747.99, 5749.02, 5907.15, 5919.33, 5920.01, 6109.21, 6121.04, and | 82061 |
| 6123.04 of the Revised Code are hereby repealed. Existing Section | 82062 |
| 41.36 of Am. Sub. H.B. 95 of the 125th General Assembly is hereby | 82063 |
| repealed. | 82064 |
| Section 105.01. That sections 181.53, 339.77, 742.36, | 82065 |
| 1541.221, 3301.31, 3301.33, 3301.34, 3301.35, 3301.36, 3301.37, | 82066 |
| 3301.38, 3301.80, 3301.85, 3301.87, 3311.40, 3317.012, 3317.0212, | 82067 |
| 3317.0213, 3353.02, 3353.03, 3501.141, 3506.17, 3704.14, 3704.142, | 82068 |
| 3704.17, 3721.511, 3901.41, 3901.781, 3901.782, 3901.783, | 82069 |
| 3901.784, 4115.16, 4519.06, 4519.07, 5101.751, 5101.753, 5101.754, | 82070 |
| 5111.041, 5111.205, 5111.24, 5111.262, 5111.34, 5115.10, 5115.11, | 82071 |
| 5115.12, 5115.13, 5115.14, 5123.041, 5123.048, 5731.20, 5733.122, | 82072 |
| and 6111.028 of the Revised Code are hereby repealed. | 82073 |
| Section 200.01. Except as otherwise provided, all | 82074 |
| appropriation items (AI) in this act are appropriated out of any | 82075 |
| moneys in the state treasury to the credit of the designated fund | 82076 |
| that are not otherwise appropriated. For all appropriations made | 82077 |
| in this act, the amounts in the first column are for fiscal year | 82078 |
| 2006 and the amounts in the second column are for fiscal year | 82079 |
| 2007. | 82080 |
| FND | AI | AI TITLE | APPROPRIATIONS | 82081 |
| Section 203.03. ACC ACCOUNTANCY BOARD OF OHIO | 82082 |
| General Services Fund Group | 82083 |
| 4J8 | 889-601 | CPA Education Assistance | $ | 209,510 | $ | 209,510 | 82084 | ||||
| 4K9 | 889-609 | Operating Expenses | $ | 1,069,776 | $ | 1,069,776 | 82085 | ||||
| TOTAL GSF General Services Fund | 82086 | ||||||||||
| Group | $ | 1,279,286 | $ | 1,279,286 | 82087 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,279,286 | $ | 1,279,286 | 82088 | ||||||
| Section 203.06. PAY ACCRUED LEAVE LIABILITY | 82090 |
| Accrued Leave Liability Fund Group | 82091 |
| 806 | 995-666 | Accrued Leave Fund | $ | 68,846,630 | $ | 77,950,372 | 82092 | ||||
| 807 | 995-667 | Disability Fund | $ | 48,057,723 | $ | 50,955,496 | 82093 | ||||
| TOTAL ALF Accrued Leave Liability | 82094 | ||||||||||
| Fund Group | $ | 116,904,353 | $ | 128,905,868 | 82095 | ||||||
| Agency Fund Group | 82096 |
| 808 | 995-668 | State Employee Health Benefit Fund | $ | 480,879,258 | $ | 550,922,742 | 82097 | ||||
| 809 | 995-669 | Dependent Care Spending Account | $ | 2,801,543 | $ | 2,969,635 | 82098 | ||||
| 810 | 995-670 | Life Insurance Investment Fund | $ | 1,943,789 | $ | 2,031,381 | 82099 | ||||
| 811 | 995-671 | Parental Leave Benefit Fund | $ | 4,040,434 | $ | 4,282,860 | 82100 | ||||
| 813 | 995-672 | Health Care Spending Account | $ | 8,000,000 | $ | 12,000,000 | 82101 | ||||
| TOTAL AGY Agency Fund Group | $ | 497,665,024 | $ | 572,206,618 | 82102 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 614,569,377 | $ | 701,112,486 | 82103 |
| ACCRUED LEAVE LIABILITY FUND | 82104 |
| The foregoing appropriation item 995-666, Accrued Leave Fund, | 82105 |
| shall be used to make payments from the Accrued Leave Liability | 82106 |
| Fund (Fund 806), pursuant to section 125.211 of the Revised Code. | 82107 |
| If it is determined by the Director of Budget and Management that | 82108 |
| additional amounts are necessary, the amounts are appropriated. | 82109 |
| STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND | 82110 |
| The foregoing appropriation item 995-667, Disability Fund, | 82111 |
| shall be used to make payments from the State Employee Disability | 82112 |
| Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the | 82113 |
| Revised Code. If it is determined by the Director of Budget and | 82114 |
| Management that additional amounts are necessary, the amounts are | 82115 |
| appropriated. | 82116 |
| STATE EMPLOYEE HEALTH BENEFIT FUND | 82117 |
| The foregoing appropriation item 995-668, State Employee | 82118 |
| Health Benefit Fund, shall be used to make payments from the State | 82119 |
| Employee Health Benefit Fund (Fund 808), pursuant to section | 82120 |
| 124.87 of the Revised Code. If it is determined by the Director of | 82121 |
| Budget and Management that additional amounts are necessary, the | 82122 |
| amounts are appropriated. | 82123 |
| Effective July 1, 2005, or as soon thereafter as possible, | 82124 |
| the Director of Budget and Management may transfer up to $70,000 | 82125 |
| in cash from the General Revenue Fund to the State Employee Health | 82126 |
| Benefit Fund (Fund 808). The amount of the transfer shall not | 82127 |
| exceed the amount of cash transferred from the State Employee | 82128 |
| Health Benefit Fund to the Health Care Spending Account Fund (Fund | 82129 |
| 813) during fiscal year 2005. | 82130 |
| DEPENDENT CARE SPENDING ACCOUNT | 82131 |
| The foregoing appropriation item 995-669, Dependent Care | 82132 |
| Spending Account, shall be used to make payments from the | 82133 |
| Dependent Care Spending Account (Fund 809) to employees eligible | 82134 |
| for dependent care expenses. If it is determined by the Director | 82135 |
| of Budget and Management that additional amounts are necessary, | 82136 |
| the amounts are appropriated. | 82137 |
| LIFE INSURANCE INVESTMENT FUND | 82138 |
| The foregoing appropriation item 995-670, Life Insurance | 82139 |
| Investment Fund, shall be used to make payments from the Life | 82140 |
| Insurance Investment Fund (Fund 810) for the costs and expenses of | 82141 |
| the state's life insurance benefit program pursuant to section | 82142 |
| 125.212 of the Revised Code. If it is determined by the Director | 82143 |
| of Budget and Management that additional amounts are necessary, | 82144 |
| the amounts are appropriated. | 82145 |
| PARENTAL LEAVE BENEFIT FUND | 82146 |
| The foregoing appropriation item 995-671, Parental Leave | 82147 |
| Benefit Fund, shall be used to make payments from the Parental | 82148 |
| Leave Benefit Fund (Fund 811) to employees eligible for parental | 82149 |
| leave benefits pursuant to section 124.137 of the Revised Code. If | 82150 |
| it is determined by the Director of Budget and Management that | 82151 |
| additional amounts are necessary, the amounts are appropriated. | 82152 |
| HEALTH CARE SPENDING ACCOUNT | 82153 |
| There is hereby established in the State Treasury the Health | 82154 |
| Care Spending Account Fund (Fund 813). The foregoing appropriation | 82155 |
| item 995-672, Health Care Spending Account, shall be used to make | 82156 |
| payments from the fund. The fund shall be under the supervision of | 82157 |
| the Department of Administrative Services and shall be used to | 82158 |
| make payments pursuant to state employees' participation in a | 82159 |
| flexible spending account for non-reimbursed health care expenses | 82160 |
| and pursuant to Section 125 of the Internal Revenue Code. All | 82161 |
| income derived from the investment of the fund shall accrue to the | 82162 |
| fund. If it is determined by the Director of Administrative | 82163 |
| Services that additional appropriation amounts are necessary, the | 82164 |
| Director of Administrative Services may request that the Director | 82165 |
| of Budget and Management increase such amounts. Such amounts are | 82166 |
| hereby appropriated. | 82167 |
| At the request of the Director of Administrative Services, | 82168 |
| the Director of Budget and Management shall transfer up to | 82169 |
| $400,000 from the State Employee Health Benefit Fund (Fund 808) to | 82170 |
| the Health Care Spending Account Fund during fiscal years 2006 and | 82171 |
| 2007. This cash shall be transferred as needed to provide adequate | 82172 |
| cash flow for the Health Care Spending Account Fund during fiscal | 82173 |
| year 2006 and fiscal year 2007. At the end of fiscal years 2006 | 82174 |
| and 2007, the Director of Budget and Management shall transfer | 82175 |
| cash up to the amount previously transferred in the respective | 82176 |
| year back from the Health Care Spending Account (Fund 813) to the | 82177 |
| State Employee Health Benefit Fund (Fund 808). If funds are not | 82178 |
| available in the Health Care Spending Account Fund, the Director | 82179 |
| of Administrative Services may request, and the Director of Budget | 82180 |
| and Management may transfer, the balance of the funds needed from | 82181 |
| the General Revenue Fund. | 82182 |
| Section 203.09. ADJ ADJUTANT GENERAL | 82183 |
| General Revenue Fund | 82184 |
| GRF | 745-401 | Ohio Military Reserve | $ | 15,188 | $ | 15,188 | 82185 | ||||
| GRF | 745-404 | Air National Guard | $ | 1,939,762 | $ | 1,939,762 | 82186 | ||||
| GRF | 745-407 | National Guard Benefits | $ | 1,400,000 | $ | 1,400,000 | 82187 | ||||
| GRF | 745-409 | Central Administration | $ | 3,899,590 | $ | 3,899,590 | 82188 | ||||
| GRF | 745-499 | Army National Guard | $ | 4,086,222 | $ | 4,086,222 | 82189 | ||||
| GRF | 745-502 | Ohio National Guard Unit Fund | $ | 102,973 | $ | 102,973 | 82190 | ||||
| TOTAL GRF General Revenue Fund | $ | 11,443,735 | $ | 11,443,735 | 82191 | ||||||
| General Services Fund Group | 82192 |
| 534 | 745-612 | Armory Improvements | $ | 534,304 | $ | 534,304 | 82193 | ||||
| 536 | 745-620 | Camp Perry/Buckeye Inn Operations | $ | 1,094,970 | $ | 1,094,970 | 82194 | ||||
| 537 | 745-604 | Ohio National Guard Facility Maintenance | $ | 219,826 | $ | 219,826 | 82195 | ||||
| TOTAL GSF General Services Fund Group | $ | 1,849,100 | $ | 1,849,100 | 82196 | ||||||
| Federal Special Revenue Fund Group | 82197 |
| 3E8 | 745-628 | Air National Guard Agreement | $ | 12,174,760 | $ | 12,174,760 | 82198 | ||||
| 3R8 | 745-603 | Counter Drug Operations | $ | 25,000 | $ | 25,000 | 82199 | ||||
| 341 | 745-615 | Air National Guard Base Security | $ | 2,424,740 | $ | 2,424,740 | 82200 | ||||
| 342 | 745-616 | Army National Guard Agreement | $ | 8,686,893 | $ | 8,686,893 | 82201 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 23,311,393 | $ | 23,311,393 | 82202 | ||||||
| State Special Revenue Fund Group | 82203 |
| 5U8 | 745-613 | Community Match Armories | $ | 90,000 | $ | 91,800 | 82204 | ||||
| 528 | 745-605 | Marksmanship Activities | $ | 126,078 | $ | 128,600 | 82205 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 216,078 | $ | 220,400 | 82206 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 36,820,306 | $ | 36,824,628 | 82207 |
| NATIONAL GUARD BENEFITS | 82208 |
| The foregoing appropriation item 745-407, National Guard | 82209 |
| Benefits, shall be used for purposes of sections 5919.31 and | 82210 |
| 5919.33 of the Revised Code, and for administrative costs of the | 82211 |
| associated programs. | 82212 |
| For active duty members of the Ohio National Guard who died | 82213 |
| after October 7, 2001, while performing active duty, the death | 82214 |
| benefit, pursuant to section 5919.33 of the Revised Code, shall be | 82215 |
| paid to the beneficiary or beneficiaries designated on the | 82216 |
| member's Servicemembers' Group Life Insurance Policy. | 82217 |
| Section 203.12. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES | 82218 |
| General Revenue Fund | 82219 |
| GRF | 100-403 | Public School Employee Benefits | $ | 750,000 | $ | 0 | 82220 | ||||
| GRF | 100-404 | CRP Procurement Program | $ | 248,040 | $ | 268,040 | 82221 | ||||
| GRF | 100-405 | Agency Audit Expenses | $ | 329,000 | $ | 329,000 | 82222 | ||||
| GRF | 100-406 | County & University Human Resources Services | $ | 60,000 | $ | 60,000 | 82223 | ||||
| GRF | 100-410 | Veterans' Records Conversion | $ | 69,000 | $ | 48,600 | 82224 | ||||
| GRF | 100-418 | Web Sites and Business Gateway | $ | 3,275,280 | $ | 3,275,280 | 82225 | ||||
| GRF | 100-419 | IT Security Infrastructure | $ | 1,636,247 | $ | 1,636,247 | 82226 | ||||
| GRF | 100-421 | OAKS Project Implementation | $ | 484,000 | $ | 410,839 | 82227 | ||||
| GRF | 100-433 | State of Ohio Computer Center | $ | 4,991,719 | $ | 4,991,719 | 82228 | ||||
| GRF | 100-439 | Equal Opportunity Certification Programs | $ | 726,481 | $ | 728,384 | 82229 | ||||
| GRF | 100-447 | OBA - Building Rent Payments | $ | 115,740,400 | $ | 116,091,300 | 82230 | ||||
| GRF | 100-448 | OBA - Building Operating Payments | $ | 25,393,250 | $ | 25,647,183 | 82231 | ||||
| GRF | 100-449 | DAS - Building Operating Payments | $ | 4,160,383 | $ | 4,170,623 | 82232 | ||||
| GRF | 100-451 | Minority Affairs | $ | 47,000 | $ | 47,000 | 82233 | ||||
| GRF | 100-734 | Major Maintenance - State Bldgs | $ | 50,000 | $ | 50,000 | 82234 | ||||
| GRF | 102-321 | Construction Compliance | $ | 1,190,959 | $ | 1,206,779 | 82235 | ||||
| GRF | 130-321 | State Agency Support Services | $ | 2,693,788 | $ | 2,668,986 | 82236 | ||||
| TOTAL GRF General Revenue Fund | $ | 161,845,547 | $ | 161,629,980 | 82237 | ||||||
| General Services Fund Group | 82238 |
| 112 | 100-616 | DAS Administration | $ | 5,221,393 | $ | 5,299,427 | 82239 | ||||
| 115 | 100-632 | Central Service Agency | $ | 466,517 | $ | 485,178 | 82240 | ||||
| 117 | 100-644 | General Services Division - Operating | $ | 6,834,247 | $ | 7,245,772 | 82241 | ||||
| 122 | 100-637 | Fleet Management | $ | 4,025,043 | $ | 4,032,968 | 82242 | ||||
| 125 | 100-622 | Human Resources Division - Operating | $ | 18,864,179 | $ | 19,220,614 | 82243 | ||||
| 127 | 100-627 | Vehicle Liability Insurance | $ | 3,344,644 | $ | 3,344,644 | 82244 | ||||
| 128 | 100-620 | Collective Bargaining | $ | 3,410,952 | $ | 3,410,952 | 82245 | ||||
| 130 | 100-606 | Risk Management Reserve | $ | 223,904 | $ | 223,904 | 82246 | ||||
| 131 | 100-639 | State Architect's Office | $ | 6,977,274 | $ | 7,047,427 | 82247 | ||||
| 132 | 100-631 | DAS Building Management | $ | 10,721,430 | $ | 11,066,228 | 82248 | ||||
| 133 | 100-607 | IT Services Delivery | $ | 81,418,432 | $ | 80,345,564 | 82249 | ||||
| 188 | 100-649 | Equal Opportunity Division - Operating | $ | 993,378 | $ | 1,010,256 | 82250 | ||||
| 201 | 100-653 | General Services Resale Merchandise | $ | 1,553,000 | $ | 1,553,000 | 82251 | ||||
| 210 | 100-612 | State Printing | $ | 5,931,421 | $ | 5,931,421 | 82252 | ||||
| 229 | 100-630 | IT Governance | $ | 18,531,812 | $ | 17,601,712 | 82253 | ||||
| 4N6 | 100-617 | Major IT Purchases | $ | 10,617,166 | $ | 10,617,166 | 82254 | ||||
| 4P3 | 100-603 | DAS Information Services | $ | 5,902,099 | $ | 6,117,004 | 82255 | ||||
| 427 | 100-602 | Investment Recovery | $ | 5,580,208 | $ | 5,683,564 | 82256 | ||||
| 5C2 | 100-605 | MARCS Administration | $ | 9,268,178 | $ | 9,268,178 | 82257 | ||||
| 5C3 | 100-608 | Skilled Trades | $ | 1,406,278 | $ | 1,434,982 | 82258 | ||||
| 5D7 | 100-621 | Workforce Development | $ | 12,000,000 | $ | 12,000,000 | 82259 | ||||
| 5L7 | 100-610 | Professional Development | $ | 2,700,000 | $ | 2,700,000 | 82260 | ||||
| 5V6 | 100-619 | Employee Educational Development | $ | 936,129 | $ | 936,129 | 82261 | ||||
| TOTAL GSF General Services Fund | 82262 | ||||||||||
| Group | $ | 216,927,684 | $ | 216,576,090 | 82263 | ||||||
| Federal Special Revenue Fund Group | 82264 |
| 3AJ | 100-623 | Information Technology Grants | $ | 82,048 | $ | 82,048 | 82265 | ||||
| TOTAL FSR Federal Special Revenue Fund Group | $ | 82,048 | $ | 82,048 | 82266 | ||||||
| Agency Fund Group | 82267 |
| 124 | 100-629 | Payroll Deductions | $ | 2,050,000,000 | $ | 2,050,000,000 | 82268 | ||||
| TOTAL AGY Agency Fund Group | $ | 2,050,000,000 | $ | 2,050,000,000 | 82269 | ||||||
| Holding Account Redistribution Fund Group | 82270 |
| R08 | 100-646 | General Services Refunds | $ | 20,000 | $ | 20,000 | 82271 | ||||
| TOTAL 090 Holding Account | 82272 | ||||||||||
| Redistribution Fund Group | $ | 20,000 | $ | 20,000 | 82273 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,428,875,279 | $ | 2,428,308,118 | 82274 | ||||||
| Section 203.12.01. TRANSFERS OF STATE USE PROGRAM FROM THE | 82276 |
| DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES | 82277 |
| Effective July 1, 2005, or the earliest date thereafter | 82278 |
| permitted by law, the State Committee for the Purchase of Products | 82279 |
| and Services Provided by Persons with Severe Disabilities created | 82280 |
| by sections 4115.31 to 4115.35 of the Revised Code is part of the | 82281 |
| Department of Administrative Services. The committee's functions, | 82282 |
| assets, and liabilities, including, but not limited to, records | 82283 |
| regardless of form or medium, are transferred to the Department of | 82284 |
| Administrative Services. The Department of Administrative Services | 82285 |
| is thereupon and thereafter successor to, assumes the obligations | 82286 |
| of, and otherwise constitutes the continuation of the State | 82287 |
| Committee for the Purchase of Products and Services Provided by | 82288 |
| Persons with Severe Disabilities. The functions of the Executive | 82289 |
| Director of the committee are thereupon and thereafter transferred | 82290 |
| to the Department of Administrative Services. | 82291 |
| Any business commenced but not completed by the committee on | 82292 |
| June 30, 2005, shall be completed by the Department of | 82293 |
| Administrative Services, in the same manner, and with the same | 82294 |
| effect, as if completed by the committee. No validation, cure, | 82295 |
| right, privilege, remedy, obligation, or liability is lost or | 82296 |
| impaired by reason of the transfer required under this section and | 82297 |
| shall be administered by the Department of Administrative | 82298 |
| Services. All of the committee's rules, orders, and determinations | 82299 |
| continue in effect as rules, orders, and determinations of the | 82300 |
| Department of Administrative Services, until modified or rescinded | 82301 |
| by the Department of Administrative Services. If necessary to | 82302 |
| ensure the integrity of the Administrative Code numbering system, | 82303 |
| the Director of the Legislative Service Commission shall renumber | 82304 |
| the committee's rules to reflect their transfer to the Department | 82305 |
| of Administrative Services. | 82306 |
| Employees of the Department of Mental Retardation and | 82307 |
| Developmental Disabilities designated as staff for the committee | 82308 |
| shall be transferred to the Department of Administrative Services | 82309 |
| as necessary. Subject to lay-off provisions of sections 124.321 to | 82310 |
| 124.328 of the Revised Code, as well as provisions of the contract | 82311 |
| between the state and all bargaining units affected, those | 82312 |
| employees so transferred to the Department of Administrative | 82313 |
| Services retain their positions and all benefits accruing thereto. | 82314 |
| No judicial or administrative action or proceeding to which | 82315 |
| the committee is a party that is pending on July 1, 2005, is | 82316 |
| affected by the transfer of functions. Such action or proceeding | 82317 |
| shall be prosecuted or defended in the name of the Director of the | 82318 |
| Department of Administrative Services. On application to the court | 82319 |
| or other tribunal, the Director of Administrative Services shall | 82320 |
| be substituted for the Director of Mental Retardation and | 82321 |
| Developmental Disabilities as a party to such action or | 82322 |
| proceeding. | 82323 |
| On and after July 1, 2005, notwithstanding any provision of | 82324 |
| law to the contrary, the Director of Budget and Management shall | 82325 |
| take the actions with respect to budget changes made necessary by | 82326 |
| the transfer, including administrative reorganization, program | 82327 |
| transfers, the creation of new funds, and the consolidation of | 82328 |
| funds as authorized by this section. The Director may cancel | 82329 |
| encumbrances and re-establish encumbrances or parts of | 82330 |
| encumbrances as needed in fiscal year 2006 in the appropriate fund | 82331 |
| and appropriation item for the same purpose and to the same | 82332 |
| vendor. The Director, as determined necessary, may re-establish | 82333 |
| such encumbrances in fiscal year 2006 in a different fund or | 82334 |
| appropriation item within an agency or between agencies. The | 82335 |
| re-established encumbrances are here by appropriated. The Director | 82336 |
| shall reduce each year's appropriation balances by the amount of | 82337 |
| the encumbrance canceled in their respective funds and | 82338 |
| appropriation item. | 82339 |
| Not later than sixty days after the transfer of the committee | 82340 |
| to the Department of Administrative Services, the Director of | 82341 |
| Mental Retardation and Developmental Disabilities shall certify to | 82342 |
| the Director of Budget and Management the amount of any unexpended | 82343 |
| balance of General Revenue Fund appropriations made to GRF | 82344 |
| appropriation item 322-405, State Use Program. Upon receipt of the | 82345 |
| certification, the Director of Budget and Management shall | 82346 |
| transfer the appropriations from GRF appropriation item 322-405, | 82347 |
| State Use Program, to GRF appropriation item 100-404, CRP | 82348 |
| Procurement Program. | 82349 |
| Section 203.12.02. PUBLIC SCHOOL EMPLOYEE BENEFITS | 82350 |
| The foregoing appropriation item 100-403, Public School | 82351 |
| Employee Benefits, shall be used by the Department of | 82352 |
| Administrative Services to contract with a third party to | 82353 |
| investigate the most cost-effective method for funding school | 82354 |
| districts' health benefits pursuant to division (A) of Section | 82355 |
| 206.10.07 of this act. | 82356 |
| Section 203.12.03. AGENCY AUDIT EXPENSES | 82357 |
| The foregoing appropriation item 100-405, Agency Audit | 82358 |
| Expenses, shall be used for auditing expenses designated in | 82359 |
| division (A)(1) of section 117.13 of the Revised Code for those | 82360 |
| state agencies audited on a biennial basis. | 82361 |
| Section 203.12.06. OHIO BUILDING AUTHORITY | 82362 |
| The foregoing appropriation item 100-447, OBA - Building Rent | 82363 |
| Payments, shall be used to meet all payments at the times they are | 82364 |
| required to be made during the period from July 1, 2005, to June | 82365 |
| 30, 2007, by the Department of Administrative Services to the Ohio | 82366 |
| Building Authority pursuant to leases and agreements under Chapter | 82367 |
| 152. of the Revised Code, but limited to the aggregate amount of | 82368 |
| $231,831,700. These appropriations are the source of funds pledged | 82369 |
| for bond service charges on obligations issued pursuant to Chapter | 82370 |
| 152. of the Revised Code. | 82371 |
| The foregoing appropriation item 100-448, OBA - Building | 82372 |
| Operating Payments, shall be used to meet all payments at the | 82373 |
| times that they are required to be made during the period from | 82374 |
| July 1, 2005, to June 30, 2007, by the Department of | 82375 |
| Administrative Services to the Ohio Building Authority pursuant to | 82376 |
| leases and agreements under Chapter 152. of the Revised Code, but | 82377 |
| limited to the aggregate amount of $51,040,433. | 82378 |
| The payments to the Ohio Building Authority are for the | 82379 |
| purpose of paying the expenses of agencies that occupy space in | 82380 |
| the various state facilities. The Department of Administrative | 82381 |
| Services may enter into leases and agreements with the Ohio | 82382 |
| Building Authority providing for the payment of these expenses. | 82383 |
| The Ohio Building Authority shall report to the Department of | 82384 |
| Administrative Services and the Office of Budget and Management | 82385 |
| not later than five months after the start of a fiscal year the | 82386 |
| actual expenses incurred by the Ohio Building Authority in | 82387 |
| operating the facilities and any balances remaining from payments | 82388 |
| and rentals received in the prior fiscal year. The Department of | 82389 |
| Administrative Services shall reduce subsequent payments by the | 82390 |
| amount of the balance reported to it by the Ohio Building | 82391 |
| Authority. | 82392 |
| Section 203.12.09. DAS - BUILDING OPERATING PAYMENTS | 82393 |
| The foregoing appropriation item 100-449, DAS - Building | 82394 |
| Operating Payments, shall be used to pay the rent expenses of | 82395 |
| veterans organizations pursuant to section 123.024 of the Revised | 82396 |
| Code in fiscal years 2006 and 2007. | 82397 |
| The foregoing appropriation item, 100-449, DAS - Building | 82398 |
| Operating Payments, may be used to provide funding for the cost of | 82399 |
| property appraisals or building studies that the Department of | 82400 |
| Administrative Services may be required to obtain for property | 82401 |
| that is being sold by the state or property under consideration to | 82402 |
| be renovated or purchased by the state. | 82403 |
| Notwithstanding section 125.28 of the Revised Code, the | 82404 |
| remaining portion of the appropriation may be used to pay the | 82405 |
| operating expenses of state facilities maintained by the | 82406 |
| Department of Administrative Services that are not billed to | 82407 |
| building tenants. These expenses may include, but are not limited | 82408 |
| to, the costs for vacant space and space undergoing renovation, | 82409 |
| and the rent expenses of tenants that are relocated due to | 82410 |
| building renovations. These payments shall be processed by the | 82411 |
| Department of Administrative Services through intrastate transfer | 82412 |
| vouchers and placed in the Building Management Fund (Fund 132). | 82413 |
| Section 203.12.12. CENTRAL SERVICE AGENCY FUND | 82414 |
| The Director of Budget and Management may transfer up to | 82415 |
| $363,851 in fiscal year 2006 from the Occupational Licensing and | 82416 |
| Regulatory Fund (Fund 4K9) to the Central Service Agency Fund | 82417 |
| (Fund 115). The Director of Budget and Management may transfer up | 82418 |
| to $45,184 in fiscal year 2006 from the State Medical Board | 82419 |
| Operating Fund (Fund 5C6) to the Central Service Agency Fund (Fund | 82420 |
| 115). The Director of Budget and Management may transfer up to | 82421 |
| $625 in fiscal year 2006 from the Motor Vehicle Collision Repair | 82422 |
| Registration Fund (Fund 5H9) to the Central Service Agency Fund | 82423 |
| (Fund 115). The appropriation item 100-632, Central Service | 82424 |
| Agency, shall be used to purchase the necessary equipment, | 82425 |
| products, and services to maintain an automated application for | 82426 |
| the professional licensing boards, and to support their licensing | 82427 |
| functions in fiscal year 2006. The amount of the cash transfers is | 82428 |
| appropriated to appropriation item 100-632, Central Service | 82429 |
| Agency. | 82430 |
| Section 203.12.15. COLLECTIVE BARGAINING ARBITRATION | 82431 |
| EXPENSES | 82432 |
| With approval of the Director of Budget and Management, the | 82433 |
| Department of Administrative Services may seek reimbursement from | 82434 |
| state agencies for the actual costs and expenses the department | 82435 |
| incurs in the collective bargaining arbitration process. The | 82436 |
| reimbursements shall be processed through intrastate transfer | 82437 |
| vouchers and placed in the Collective Bargaining Fund (Fund 128). | 82438 |
| Section 203.12.18. OFFICE OF INFORMATION TECHNOLOGY | 82439 |
| The foregoing appropriation item 100-607, IT Service | 82440 |
| Delivery, shall be used by the Office of Information Technology to | 82441 |
| carry out its responsibilities under section 125.29 of the Revised | 82442 |
| Code. The foregoing appropriation item 100-630, IT Governance, | 82443 |
| shall be used by the Office of Information Technology to carry out | 82444 |
| its responsibilities under section 125.29 of the Revised Code. | 82445 |
| As soon as possible on or after July 1, 2005, the Director of | 82446 |
| Administrative Services shall certify to the Director of Budget | 82447 |
| and Management the amount of cash up to $5,000,000 to be | 82448 |
| transferred from the IT Service Delivery Fund (Fund 133) to the IT | 82449 |
| Governance Fund (Fund 229). This amount represents a portion of | 82450 |
| the cash balance in the IT Service Delivery Fund attributable to | 82451 |
| IT Governance programs. The Director of Budget and Management | 82452 |
| shall transfer the certified amount. | 82453 |
| After final payments are made from fiscal year 2005 | 82454 |
| encumbrances in the IT Service Delivery Fund (Fund 133), the | 82455 |
| Department of Administrative Services shall reconcile fiscal year | 82456 |
| 2005 financial activity in the IT Service Delivery Fund and | 82457 |
| determine the amount of the fund cash balance due to the IT | 82458 |
| Governance Fund (Fund 229). The reconciliation shall be done in | 82459 |
| accordance with federal cost accounting regulations. Not later | 82460 |
| than June 30, 2006, the Director of Administrative Services shall | 82461 |
| make a determination of any additional transfers of cash necessary | 82462 |
| for reconciliation purposes. Upon concurrence with this | 82463 |
| determination, the Director of Budget and Management may transfer | 82464 |
| such cash between the IT Service Delivery Fund and the IT | 82465 |
| Governance Fund. | 82466 |
| Section 203.12.21. EQUAL OPPORTUNITY PROGRAM | 82467 |
| The Department of Administrative Services, with the approval | 82468 |
| of the Director of Budget and Management, shall establish charges | 82469 |
| for recovering the costs of administering the activities supported | 82470 |
| by the State EEO Fund (Fund 188). These charges shall be deposited | 82471 |
| to the credit of the State EEO Fund (Fund 188) upon payment made | 82472 |
| by state agencies, state-supported or state-assisted institutions | 82473 |
| of higher education, and tax-supported agencies, municipal | 82474 |
| corporations, and other political subdivisions of the state, for | 82475 |
| services rendered. | 82476 |
| Section 203.12.24. MERCHANDISE FOR RESALE | 82477 |
| The foregoing appropriation item 100-653, General Services | 82478 |
| Resale Merchandise, shall be used to account for merchandise for | 82479 |
| resale, which is administered by the General Services Division. | 82480 |
| Deposits to the fund may comprise the cost of merchandise for | 82481 |
| resale and shipping fees. | 82482 |
| Section 203.12.27. DAS INFORMATION SERVICES | 82483 |
| There is hereby established in the State Treasury the DAS | 82484 |
| Information Services Fund. The foregoing appropriation item | 82485 |
| 100-603, DAS Information Services, shall be used to pay the costs | 82486 |
| of providing information systems and services in the Department of | 82487 |
| Administrative Services. | 82488 |
| The Department of Administrative Services shall establish | 82489 |
| user charges for all information systems and services that are | 82490 |
| allowable in the statewide indirect cost allocation plan submitted | 82491 |
| annually to the United States Department of Health and Human | 82492 |
| Services. These charges shall comply with federal regulations and | 82493 |
| shall be deposited to the credit of the DAS Information Services | 82494 |
| Fund (Fund 4P3). | 82495 |
| Section 203.12.30. INVESTMENT RECOVERY FUND | 82496 |
| Notwithstanding division (B) of section 125.14 of the Revised | 82497 |
| Code, cash balances in the Investment Recovery Fund (Fund 427) may | 82498 |
| be used to support the operating expenses of the Federal Surplus | 82499 |
| Operating Program created in sections 125.84 to 125.90 of the | 82500 |
| Revised Code. | 82501 |
| Notwithstanding division (B) of section 125.14 of the Revised | 82502 |
| Code, cash balances in the Investment Recovery Fund may be used to | 82503 |
| support the operating expenses of the State Property Inventory and | 82504 |
| Fixed Assets Management System Program. | 82505 |
| Of the foregoing appropriation item 100-602, Investment | 82506 |
| Recovery, up to $2,147,024 in fiscal year 2006 and up to | 82507 |
| $2,205,594 in fiscal year 2007 shall be used to pay the operating | 82508 |
| expenses of the State Surplus Property Program, the Surplus | 82509 |
| Federal Property Program, and the State Property Inventory and | 82510 |
| Fixed Assets Management System Program under Chapter 125. of the | 82511 |
| Revised Code and this section. If additional appropriations are | 82512 |
| necessary for the operations of these programs, the Director of | 82513 |
| Administrative Services shall seek increased appropriations from | 82514 |
| the Controlling Board under section 131.35 of the Revised Code. | 82515 |
| Of the foregoing appropriation item 100-602, Investment | 82516 |
| Recovery, $3,433,184 in fiscal year 2006 and $3,477,970 in fiscal | 82517 |
| year 2007 shall be used to transfer proceeds from the sale of | 82518 |
| surplus property from the Investment Recovery Fund to non-General | 82519 |
| Revenue Funds under division (A)(2) of section 125.14 of the | 82520 |
| Revised Code. If it is determined by the Director of | 82521 |
| Administrative Services that additional appropriations are | 82522 |
| necessary for the transfer of such sale proceeds, the Director of | 82523 |
| Administrative Services may request the Director of Budget and | 82524 |
| Management to increase the amounts. Such amounts are hereby | 82525 |
| appropriated. | 82526 |
| Notwithstanding division (B) of section 125.14 of the Revised | 82527 |
| Code, the Director of Budget and Management, at the request of the | 82528 |
| Director of Administrative Services, shall transfer up to $500,000 | 82529 |
| of the amounts held for transfer to the General Revenue Fund from | 82530 |
| the Investment Recovery Fund to the State Architect's Fund (Fund | 82531 |
| 131) to provide operating cash. | 82532 |
| Section 203.12.33. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM | 82533 |
| Effective with the implementation of the Multi-Agency Radio | 82534 |
| Communications System, the Director of Administrative Services | 82535 |
| shall collect user fees from participants in the system. The | 82536 |
| Director of Administrative Services, with the advice of the | 82537 |
| Multi-Agency Radio Communications System Steering Committee and | 82538 |
| the Director of Budget and Management, shall determine the amount | 82539 |
| of the fees and the manner by which the fees shall be collected. | 82540 |
| Such user charges shall comply with the applicable cost principles | 82541 |
| issued by the federal Office of Management and Budget. All moneys | 82542 |
| from user charges and fees shall be deposited in the state | 82543 |
| treasury to the credit of the Multi-Agency Radio Communications | 82544 |
| System Administration Fund (Fund 5C2), which is hereby established | 82545 |
| in the state treasury. All interest income derived from the | 82546 |
| investment of the fund shall accrue to the fund. | 82547 |
| Section 203.12.36. WORKFORCE DEVELOPMENT FUND | 82548 |
| There is hereby established in the state treasury the | 82549 |
| Workforce Development Fund (Fund 5D7). The foregoing appropriation | 82550 |
| item 100-621, Workforce Development, shall be used to make | 82551 |
| payments from the fund. The fund shall be under the supervision of | 82552 |
| the Department of Administrative Services, which may adopt rules | 82553 |
| with regard to administration of the fund. The fund shall be used | 82554 |
| to pay the costs of the Workforce Development Program, established | 82555 |
| by Article 37 of the contract between the State of Ohio and | 82556 |
| OCSEA/AFSCME, Local 11, effective March 1, 2003, and as modified | 82557 |
| by any successor labor contract between the State of Ohio and | 82558 |
| OCSEA/AFSCME. The program shall be administered in accordance with | 82559 |
| the contract. Revenues shall accrue to the fund as specified in | 82560 |
| the contract. The fund may be used to pay direct and indirect | 82561 |
| costs of the program that are attributable to staff, consultants, | 82562 |
| and service providers. All income derived from the investment of | 82563 |
| the fund shall accrue to the fund. | 82564 |
| If it is determined by the Director of Administrative | 82565 |
| Services that additional appropriation amounts are necessary, the | 82566 |
| Director of Administrative Services may request that the Director | 82567 |
| of Budget and Management increase such amounts. Such amounts are | 82568 |
| hereby appropriated. | 82569 |
| Section 203.12.39. PROFESSIONAL DEVELOPMENT FUND | 82570 |
| The foregoing appropriation item 100-610, Professional | 82571 |
| Development, shall be used to make payments from the Professional | 82572 |
| Development Fund (Fund 5L7) under section 124.182 of the Revised | 82573 |
| Code. | 82574 |
| Section 203.12.42. EMPLOYEE EDUCATIONAL DEVELOPMENT | 82575 |
| There is hereby established in the state treasury the | 82576 |
| Employee Educational Development Fund (Fund 5V6). The foregoing | 82577 |
| appropriation item 100-619, Employee Educational Development, | 82578 |
| shall be used to make payments from the fund. The fund shall be | 82579 |
| used to pay the costs of the administration of educational | 82580 |
| programs per existing collective bargaining agreements with | 82581 |
| District 1199, the Health Care and Social Service Union; State | 82582 |
| Council of Professional Educators; Ohio Education Association and | 82583 |
| National Education Association; the Fraternal Order of Police Ohio | 82584 |
| Labor Council, Unit 2; and the Ohio State Troopers Association, | 82585 |
| Units 1 and 15. The fund shall be under the supervision of the | 82586 |
| Department of Administrative Services, which may adopt rules with | 82587 |
| regard to administration of the fund. The fund shall be | 82588 |
| administered in accordance with the applicable sections of the | 82589 |
| collective bargaining agreements between the State and the | 82590 |
| aforementioned unions. The Department of Administrative Services, | 82591 |
| with the approval of the Director of Budget and Management, shall | 82592 |
| establish charges for recovering the costs of administering the | 82593 |
| educational programs. Receipts for these charges shall be | 82594 |
| deposited into the Employee Educational Development Fund. All | 82595 |
| income derived from the investment of the funds shall accrue to | 82596 |
| the fund. | 82597 |
| If it is determined by the Director of Administrative | 82598 |
| Services that additional appropriation amounts are necessary, the | 82599 |
| Director of Administrative Services may request that the Director | 82600 |
| of Budget and Management increase such amounts. Such amounts are | 82601 |
| hereby appropriated with the approval of the Director of Budget | 82602 |
| and Management. | 82603 |
| Section 203.12.45. MAJOR IT PURCHASES | 82604 |
| The Director of Administrative Services shall compute the | 82605 |
| amount of revenue attributable to the amortization of all | 82606 |
| equipment purchases and capitalized systems from appropriation | 82607 |
| item 100-607, IT Service Delivery; appropriation item 100-617, | 82608 |
| Major IT Purchases; and appropriation item CAP-837, Major IT | 82609 |
| Purchases, which is recovered by the Department of Administrative | 82610 |
| Services as part of the rates charged by the IT Service Delivery | 82611 |
| Fund (Fund 133) created in section 125.15 of the Revised Code. The | 82612 |
| Director of Budget and Management may transfer cash in an amount | 82613 |
| not to exceed the amount of amortization computed from the IT | 82614 |
| Service Delivery Fund (Fund 133) to the Major IT Purchases Fund | 82615 |
| (Fund 4N6). | 82616 |
| Section 203.12.48. INFORMATION TECHNOLOGY ASSESSMENT | 82617 |
| The Director of Administrative Services, with the approval of | 82618 |
| the Director of Budget and Management, may establish an | 82619 |
| information technology assessment for the purpose of recovering | 82620 |
| the cost of selected infrastructure and statewide programs. Such | 82621 |
| assessment shall comply with applicable cost principles issued by | 82622 |
| the federal Office of Management and Budget. The information | 82623 |
| technology assessment shall be charged to all organized bodies, | 82624 |
| offices, or agencies established by the laws of the state for the | 82625 |
| exercise of any function of state government except for the | 82626 |
| General Assembly, any legislative agency, the Supreme Court, the | 82627 |
| other courts of record in Ohio, or any judicial agency, the | 82628 |
| Adjutant General, the Bureau of Workers' Compensation, and | 82629 |
| institutions administered by a board of trustees. Any state-entity | 82630 |
| exempted by this section may utilize the infrastructure or | 82631 |
| statewide program by participating in the information technology | 82632 |
| assessment. All charges for the information technology assessment | 82633 |
| shall be deposited to the credit of the IT Service Delivery Fund | 82634 |
| (Fund 133) created in section 125.15 of the Revised Code. | 82635 |
| Section 203.12.51. UNEMPLOYMENT COMPENSATION FUND | 82636 |
| Within thirty days after the effective date of this section, | 82637 |
| or as soon as possible thereafter, the Director of Administrative | 82638 |
| Services shall certify the remaining cash in the Unemployment | 82639 |
| Compensation Fund (Fund 113) to the Director of Budget and | 82640 |
| Management who shall transfer that amount to the General Revenue | 82641 |
| Fund and abolish the Unemployment Compensation Fund (Fund 113). | 82642 |
| Section 203.12.54. PAYROLL WITHHOLDING FUND | 82643 |
| The foregoing appropriation item 100-629, Payroll Deductions, | 82644 |
| shall be used to make payments from the Payroll Withholding Fund | 82645 |
| (Fund 124). If it is determined by the Director of Budget and | 82646 |
| Management that additional appropriation amounts are necessary, | 82647 |
| such amounts are hereby appropriated. | 82648 |
| Section 203.12.57. GENERAL SERVICES REFUNDS | 82649 |
| The foregoing appropriation item 100-646, General Services | 82650 |
| Refunds, shall be used to hold bid guarantee and building plans | 82651 |
| and specifications deposits until they are refunded. The Director | 82652 |
| of Administrative Services may request that the Director of Budget | 82653 |
| and Management transfer cash received for the costs of providing | 82654 |
| the building plans and specifications to contractors from the | 82655 |
| General Services Refunds Fund to the State Architect's Office Fund | 82656 |
| (Fund 131). Prior to the transfer of cash, the Director of | 82657 |
| Administrative Services shall certify that such amounts are in | 82658 |
| excess of amounts required for refunding deposits and are directly | 82659 |
| related to costs of producing building plans and specifications. | 82660 |
| If it is determined that additional appropriations are necessary, | 82661 |
| such amounts are hereby appropriated. | 82662 |
| Section 203.12.60. MULTI-AGENCY RADIO COMMUNICATION SYSTEM | 82663 |
| DEBT SERVICE PAYMENTS | 82664 |
| The Director of Administrative Services, in consultation with | 82665 |
| the Multi-Agency Radio Communication System (MARCS) Steering | 82666 |
| Committee and the Director of Budget and Management, shall | 82667 |
| determine the share of debt service payments attributable to | 82668 |
| spending for MARCS components that are not specific to any one | 82669 |
| agency and that shall be charged to agencies supported by the | 82670 |
| motor fuel tax. Such share of debt service payments shall be | 82671 |
| calculated for MARCS capital disbursements made beginning July 1, | 82672 |
| 1997. Within thirty days of any payment made from appropriation | 82673 |
| item 100-447, OBA - Building Rent Payments, the Director of | 82674 |
| Administrative Services shall certify to the Director of Budget | 82675 |
| and Management the amount of this share. The Director of Budget | 82676 |
| and Management shall transfer such amounts to the General Revenue | 82677 |
| Fund from the State Highway Safety Fund (Fund 036) established in | 82678 |
| section 4501.06 of the Revised Code. | 82679 |
| The Director of Administrative Services shall consider | 82680 |
| renting or leasing existing tower sites at reasonable or current | 82681 |
| market rates, so long as these existing sites are equipped with | 82682 |
| the technical capabilities to support the MARCS project. | 82683 |
| Section 203.12.63. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY | 82684 |
| Whenever the Director of Administrative Services declares a | 82685 |
| "public exigency," as provided in division (C) of section 123.15 | 82686 |
| of the Revised Code, the Director shall also notify the members of | 82687 |
| the Controlling Board. | 82688 |
| Section 203.12.66. GENERAL SERVICE CHARGES | 82689 |
| The Department of Administrative Services, with the approval | 82690 |
| of the Director of Budget and Management, shall establish charges | 82691 |
| for recovering the costs of administering the programs in the | 82692 |
| General Services Fund (Fund 117) and the State Printing Fund (Fund | 82693 |
| 210). | 82694 |
| Section 203.12.69. MEDICAID INORMATION TECHNOLOGY SYSTEM | 82695 |
| (A) The Department of Administrative Services shall conduct a | 82696 |
| study to do both of the following: | 82697 |
| (1) Comprehensively analyze the technology needs of all | 82698 |
| governmental agencies that administer components of the Medicaid | 82699 |
| program. | 82700 |
| (2) Determine how to ensure that the technology needs of | 82701 |
| those governmental agencies can be integrated into a Medicaid | 82702 |
| information technology system. | 82703 |
| (B) The Department of Administrative Services shall seek the | 82704 |
| most federal participation available for the conduct of the study, | 82705 |
| and the Department of Job and Family Services shall seek the most | 82706 |
| federal participation available for the development and | 82707 |
| implementation of a Medicaid information technology system. | 82708 |
| Section 203.15. AAM COMMISSION ON AFRICAN AMERICAN MALES | 82709 |
| General Revenue Fund | 82710 |
| GRF | 036-100 | Personal Services | $ | 220,091 | $ | 220,091 | 82711 | ||||
| GRF | 036-200 | Maintenance | $ | 39,909 | $ | 39,909 | 82712 | ||||
| GRF | 036-300 | Equipment | $ | 1,000 | $ | 1,000 | 82713 | ||||
| GRF | 036-501 | CAAM Awards and Scholarships | $ | 1,000 | $ | 1,000 | 82714 | ||||
| GRF | 036-502 | Community Projects | $ | 20,000 | $ | 20,000 | 82715 | ||||
| TOTAL GRF General Revenue Fund | $ | 282,000 | $ | 282,000 | 82716 | ||||||
| State Special Revenue Fund Group | 82717 |
| 4H3 | 036-601 | Commission on African American Males - Gifts/Grants | $ | 10,000 | $ | 10,000 | 82718 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 10,000 | $ | 10,000 | 82719 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 292,000 | $ | 292,000 | 82720 | ||||||
| COMMISSION ON AFRICAN AMERICAN MALES PROGRESS REVIEW | 82721 |
| Annually, not later than the thirty-first day of December, | 82722 |
| the Commission on African American Males shall internally prepare | 82723 |
| and submit to the chairperson and ranking minority member of the | 82724 |
| Human Services Subcommittee of the Finance and Appropriations | 82725 |
| Committee of the House of Representatives a report that | 82726 |
| demonstrates the progress that has been made toward meeting the | 82727 |
| Commission's mission statement. | 82728 |
| Section 203.18. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW | 82729 |
| General Revenue Fund | 82730 |
| GRF | 029-321 | Operating Expenses | $ | 379,769 | $ | 387,364 | 82731 | ||||
| TOTAL GRF General Revenue Fund | $ | 379,769 | $ | 387,364 | 82732 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 379,769 | $ | 387,364 | 82733 | ||||||
| OPERATING | 82734 |
| The Chief Administrative Officer of the House of | 82735 |
| Representatives and the Clerk of the Senate shall determine, by | 82736 |
| mutual agreement, which of them shall act as fiscal agent for the | 82737 |
| Joint Committee on Agency Rule Review. | 82738 |
| OPERATING EXPENSES | 82739 |
| The unencumbered balance of appropriation item 029-321, | 82740 |
| Operating Expenses, at the end of fiscal year 2006 shall be | 82741 |
| transferred to fiscal year 2007 for use under the same | 82742 |
| appropriation item. | 82743 |
| Section 203.21. AGE DEPARTMENT OF AGING | 82744 |
| General Revenue Fund | 82745 |
| GRF | 490-321 | Operating Expenses | $ | 2,579,867 | $ | 2,308,867 | 82746 | ||||
| GRF | 490-403 | PASSPORT | $ | 112,045,715 | $ | 121,009,372 | 82747 | ||||
| GRF | 490-405 | Golden Buckeye Card | $ | 467,614 | $ | 467,614 | 82748 | ||||
| GRF | 490-406 | Senior Olympics | $ | 15,638 | $ | 15,638 | 82749 | ||||
| GRF | 490-409 | Ohio Community Service Council Operations | $ | 203,647 | $ | 193,465 | 82750 | ||||
| GRF | 490-410 | Long-Term Care Ombudsman | $ | 689,437 | $ | 689,437 | 82751 | ||||
| GRF | 490-411 | Senior Community Services | $ | 10,630,988 | $ | 10,630,988 | 82752 | ||||
| GRF | 490-412 | Residential State Supplement | $ | 9,156,771 | $ | 9,156,771 | 82753 | ||||
| GRF | 490-414 | Alzheimers Respite | $ | 4,085,888 | $ | 4,085,888 | 82754 | ||||
| GRF | 490-416 | JCFS Elderly Transportation | $ | 100,000 | $ | 100,000 | 82755 | ||||
| GRF | 490-421 | PACE | $ | 11,354,145 | $ | 10,214,809 | 82756 | ||||
| GRF | 490-422 | Assisted Living Waiver | $ | 0 | $ | 359,919 | 82757 | ||||
| GRF | 490-506 | National Senior Service Corps | $ | 352,943 | $ | 352,943 | 82758 | ||||
| TOTAL GRF General Revenue Fund | $ | 151,682,653 | $ | 159,585,711 | 82759 | ||||||
| General Services Fund Group | 82760 |
| 480 | 490-606 | Senior Community Outreach and Education | $ | 372,677 | $ | 372,677 | 82761 | ||||
| TOTAL GSF General Services Fund | 82762 | ||||||||||
| Group | $ | 372,677 | $ | 372,677 | 82763 | ||||||
| Federal Special Revenue Fund Group | 82764 |
| 3C4 | 490-607 | PASSPORT | $ | 198,683,143 | $ | 218,196,387 | 82765 | ||||
| 3C4 | 490-621 | PACE-Federal | $ | 10,854,083 | $ | 14,586,135 | 82766 | ||||
| 3C4 | 490-622 | Assisted Living-Federal | $ | 0 | $ | 5,687,374 | 82767 | ||||
| 3M3 | 490-611 | Federal Aging Nutrition | $ | 27,622,693 | $ | 28,037,034 | 82768 | ||||
| 3M4 | 490-612 | Federal Independence Services | $ | 27,907,287 | $ | 28,325,896 | 82769 | ||||
| 3R7 | 490-617 | Ohio Community Service Council Programs | $ | 9,170,000 | $ | 9,170,000 | 82770 | ||||
| 322 | 490-618 | Federal Aging Grants | $ | 14,834,354 | $ | 15,014,494 | 82771 | ||||
| TOTAL FED Federal Special Revenue | 82772 | ||||||||||
| Fund Group | $ | 289,071,560 | $ | 319,017,320 | 82773 | ||||||
| State Special Revenue Fund Group | 82774 |
| 4C4 | 490-609 | Regional Long-Term Care Ombudsman Program | $ | 910,000 | $ | 935,000 | 82775 | ||||
| 4J4 | 490-610 | PASSPORT/Residential State Supplement | $ | 33,263,984 | $ | 33,263,984 | 82776 | ||||
| 4U9 | 490-602 | PASSPORT Fund | $ | 4,424,969 | $ | 4,424,969 | 82777 | ||||
| 5BA | 490-620 | Ombudsman Support | $ | 615,000 | $ | 0 | 82778 | ||||
| 5CE | 490-624 | Special Projects | $ | 350,000 | $ | 0 | 82779 | ||||
| 5K9 | 490-613 | Long Term Care Consumers Guide | $ | 298,400 | $ | 820,400 | 82780 | ||||
| 5W1 | 490-616 | Resident Services Coordinator Program | $ | 262,500 | $ | 262,500 | 82781 | ||||
| 624 | 490-604 | OCSC Community Support | $ | 2,500 | $ | 2,500 | 82782 | ||||
| TOTAL SSR State Special Revenue | 82783 | ||||||||||
| Fund Group | $ | 40,127,353 | $ | 39,709,353 | 82784 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 481,254,243 | $ | 518,685,061 | 82785 | ||||||
| Section 203.21.03. PRE-ADMISSION REVIEW FOR NURSING FACILITY | 82787 |
| ADMISSION | 82788 |
| Pursuant to an interagency agreement, the Department of Job | 82789 |
| and Family Services shall designate the Department of Aging to | 82790 |
| perform assessments under sections 173.42 and 5111.204 of the | 82791 |
| Revised Code. Of the foregoing appropriation item 490-403, | 82792 |
| PASSPORT, the Department of Aging may use not more than $2,586,648 | 82793 |
| in fiscal year 2006 and $2,651,315 in fiscal year 2007 to perform | 82794 |
| the assessments for persons not eligible for Medicaid under the | 82795 |
| department's interagency agreement with the Department of Job and | 82796 |
| Family Services and to assist individuals in planning for their | 82797 |
| long-term health care needs. | 82798 |
| Section 203.21.06. PASSPORT | 82799 |
| Of the foregoing appropriation item 490-607, PASSPORT, Fund | 82800 |
| 3C4, up to $125,000 per fiscal year shall be used for an | 82801 |
| evaluation of the PASSPORT Program. | 82802 |
| (A) There is hereby created the PASSPORT Evaluation Panel to | 82803 |
| oversee the performance of an evaluation of the PASSPORT Home and | 82804 |
| Community Based Waiver Program conducted by an independent | 82805 |
| contractor. The Panel shall be composed of the following members: | 82806 |
| (1) The Director of Aging or the Director's designee; | 82807 |
| (2) The Director of Job and Family Services or the Director's | 82808 |
| designee; | 82809 |
| (3) A representative of the Central Ohio Area Agency on | 82810 |
| Aging, appointed by the Agency; | 82811 |
| (4) A representative of the Ohio Association of Area Agencies | 82812 |
| on Aging, appointed by the Agency; | 82813 |
| (5) A representative of PASSPORT providers, appointed by the | 82814 |
| Director of Aging; | 82815 |
| (6) A representative of the Ohio Academy of Nursing Homes, | 82816 |
| appointed by the Academy; | 82817 |
| (7) A representative of the Ohio Health Care Association, | 82818 |
| appointed by the Association; | 82819 |
| (8) A representative of the Association for Ohio | 82820 |
| Philanthropic Homes and Housing for the Aging, appointed by the | 82821 |
| Association; | 82822 |
| (9) A representative of the Ohio Council for Home Care, | 82823 |
| appointed by the Council; | 82824 |
| (10) A representative of the Ohio Association of Adult Day | 82825 |
| Services, appointed by the Association; | 82826 |
| (11) The State Long-Term Care Ombudsperson or the | 82827 |
| Ombudperson's designee; | 82828 |
| (12) A representative of the Ohio Association of Regional | 82829 |
| Long-Term Care Ombudsman, appointed by the Association; | 82830 |
| (13) A representative of the American Association of Retired | 82831 |
| Persons, appointed by the Association; | 82832 |
| (14) The Chair of the Long-Term Care Committee of the Ohio | 82833 |
| Commission to Reform Medicaid; | 82834 |
| (15) Three individuals to represent PASSPORT program | 82835 |
| participants, appointed by the Director of Aging. | 82836 |
| Panel members shall serve without compensation. The | 82837 |
| Department of Aging shall provide assistance to the PASSPORT | 82838 |
| Evaluation Panel, including support services and meeting space. | 82839 |
| The Panel shall convene not later than sixty days after the | 82840 |
| effective date of this section. | 82841 |
| (B) The Panel shall do all of the following: | 82842 |
| (1) Establish criteria to be used in selecting an independent | 82843 |
| contractor to evaluate the PASSPORT Program. The criteria shall | 82844 |
| specify that the independent contractor must not be affiliated | 82845 |
| with any state agency. | 82846 |
| (2) In accordance with the request for proposal process | 82847 |
| administered by the Department of Administrative Services, accept | 82848 |
| and evaluate bids from potential contractors; | 82849 |
| (3) Select to evaluate the PASSPORT Program an independent | 82850 |
| contractor that meets the criteria established by the Panel and | 82851 |
| the Department. | 82852 |
| (C) The independent contractor selected by the PASSPORT | 82853 |
| Evaluation Panel shall, in conducting the evaluation of the | 82854 |
| PASSPORT Program, do all of the following: | 82855 |
| (1) Examine the implementation by the existing PASSPORT | 82856 |
| system of the long-term care recommendations of the Ohio | 82857 |
| Commission to Reform Medicaid and coordinate the work of the | 82858 |
| PASSPORT evaluation with the Medicaid Transition Council and the | 82859 |
| Medicaid Care Management Work Group; | 82860 |
| (2) Evaluate the cost-effectiveness of services provided | 82861 |
| under the program; | 82862 |
| (3) Evaluate the population served and the appropriateness of | 82863 |
| the program for that population; | 82864 |
| (4) Evaluate program outcomes to determine the program's | 82865 |
| effectiveness in preventing nursing home admissions; | 82866 |
| (5) Evaluate the effectiveness of area agencies on aging in | 82867 |
| efficiently linking older Ohioans to the appropriate level of | 82868 |
| assistance based on the screening and assessment activities of the | 82869 |
| PASSPORT system; | 82870 |
| (6) Examine the cost effectiveness of increasing the care | 82871 |
| management responsibilities of area agencies on aging to include | 82872 |
| the management of the Medicaid state plan services; | 82873 |
| (7) Evaluate the effectiveness of client-to-case management | 82874 |
| ratios of area agencies on aging to assess whether clients receive | 82875 |
| quality outcomes in a cost-effective manner; | 82876 |
| (8) Evaluate and assess the effectiveness of the PASSPORT | 82877 |
| program's authority to provide interventions that increase | 82878 |
| enrollment and decrease disenrollment and increase flexibility to | 82879 |
| provide quality, timely service to clients with special service | 82880 |
| needs; | 82881 |
| (9) Evaluate the PASSPORT program's rate structure and | 82882 |
| contracting process to determine fair market rates and quality | 82883 |
| incentive indicators; | 82884 |
| (10) Evaluate the effectiveness of the PASSPORT program's | 82885 |
| current provider procurement process; | 82886 |
| (11) Determine elements of the program that may be vulnerable | 82887 |
| to fraud; | 82888 |
| (12) Any additional action requested by the PASSPORT | 82889 |
| Evaluation Panel. | 82890 |
| The independent contractor shall issue to the Panel quarterly | 82891 |
| reports and, by not later than May 15, 2007, a final report, of | 82892 |
| its findings. By not later than June 30, 2007, the PASSPORT | 82893 |
| Evaluation Panel shall approve a final report. | 82894 |
| Appropriation item 490-403, PASSPORT, and the amounts set | 82895 |
| aside for the PASSPORT Waiver Program in appropriation item | 82896 |
| 490-610, PASSPORT/Residential State Supplement, may be used to | 82897 |
| assess clients regardless of Medicaid eligibility. | 82898 |
| The Director of Aging shall adopt rules under section 111.15 | 82899 |
| of the Revised Code governing the nonwaiver funded PASSPORT | 82900 |
| program, including client eligibility. | 82901 |
| The Department of Aging shall administer the Medicaid | 82902 |
| waiver-funded PASSPORT Home Care Program as delegated by the | 82903 |
| Department of Job and Family Services in an interagency agreement. | 82904 |
| The foregoing appropriation item 490-403, PASSPORT, and the | 82905 |
| amounts set aside for the PASSPORT Waiver Program in appropriation | 82906 |
| item 490-610, PASSPORT/Residential State Supplement, shall be used | 82907 |
| to provide the required state match for federal Medicaid funds | 82908 |
| supporting the Medicaid Waiver-funded PASSPORT Home Care Program. | 82909 |
| Appropriation item 490-403, PASSPORT, and the amounts set aside | 82910 |
| for the PASSPORT Waiver Program in appropriation item 490-610, | 82911 |
| PASSPORT/Residential State Supplement, may also be used to support | 82912 |
| the Department of Aging's administrative costs associated with | 82913 |
| operating the PASSPORT program. | 82914 |
| The foregoing appropriation item 490-607, PASSPORT, shall be | 82915 |
| used to provide the federal matching share for all PASSPORT | 82916 |
| program costs determined by the Department of Job and Family | 82917 |
| Services to be eligible for Medicaid reimbursement. | 82918 |
| OHIO COMMUNITY SERVICE COUNCIL | 82919 |
| The foregoing appropriation items 490-409, Ohio Community | 82920 |
| Service Council Operations, and 490-617, Ohio Community Service | 82921 |
| Council Programs, shall be used in accordance with section 121.40 | 82922 |
| of the Revised Code. | 82923 |
| TRANSFER OF RESIDENT PROTECTION FUNDS | 82924 |
| The Director of Budget and Management shall transfer, by | 82925 |
| intrastate transfer voucher, in fiscal year 2006, $615,000 from | 82926 |
| Fund 4E3, Resident Protection Fund, in the Department of Job and | 82927 |
| Family Services, to Fund 5BA in the Department of Aging, to be | 82928 |
| used for program management for the Office of the State Long-Term | 82929 |
| Care Ombudsman created by the Department of Aging under division | 82930 |
| (M) of section 173.01 of the Revised Code. | 82931 |
| The Director of Budget and Management shall transfer, by | 82932 |
| intrastate transfer voucher, in fiscal year 2006, $350,000 from | 82933 |
| Fund 4E3, Resident Protection Fund, in the Department of Job and | 82934 |
| Family Services to Fund 5CE in the Department of Aging to be used | 82935 |
| by the Alzheimer's Association to develop a pilot training program | 82936 |
| on person-centered dementia care for long term care staff who | 82937 |
| interact with people with dementia. | 82938 |
| SENIOR COMMUNITY SERVICES | 82939 |
| Appropriation item 490-411, Senior Community Services, shall | 82940 |
| be used for services designated by the Department of Aging, | 82941 |
| including, but not limited to, home-delivered and congregate | 82942 |
| meals, transportation services, personal care services, respite | 82943 |
| services, adult day services, home repair, care coordination, and | 82944 |
| decision support systems. Service priority shall be given to low | 82945 |
| income, frail, and cognitively impaired persons 60 years of age | 82946 |
| and over. The department shall promote cost sharing by service | 82947 |
| recipients for those services funded with block grant funds, | 82948 |
| including, when possible, sliding-fee scale payment systems based | 82949 |
| on the income of service recipients. | 82950 |
| ALZHEIMERS RESPITE | 82951 |
| The foregoing appropriation item 490-414, Alzheimers Respite, | 82952 |
| shall be used to fund only Alzheimer's disease services under | 82953 |
| section 173.04 of the Revised Code. | 82954 |
| JCFS ELDERLY TRANSPORTATION | 82955 |
| The foregoing appropriation item 490-416, JCFS Elderly | 82956 |
| Transportation, shall be used for noncapital expenses related to | 82957 |
| transportation services for the elderly that provide access to | 82958 |
| such things as healthcare services, congregate meals, | 82959 |
| socialization programs, and grocery shopping. The funds shall pass | 82960 |
| through and shall be administered by the Area Agencies on Aging. | 82961 |
| Agencies receiving funding from appropriation item 490-416, | 82962 |
| JCFS Elderly Transportation, shall coordinate services with other | 82963 |
| local service agencies. The appropriation shall be allocated to | 82964 |
| the following agencies: | 82965 |
| (A) $30,000 in both fiscal years to Cincinnati Jewish | 82966 |
| Vocational Services; | 82967 |
| (B) $20,000 in both fiscal years to Wexner Heritage Village; | 82968 |
| (C) $20,000 in both fiscal years to Yassenoff Jewish | 82969 |
| Community Center; | 82970 |
| (D) $30,000 in both fiscal years to Cleveland Jewish | 82971 |
| Community Center. | 82972 |
| RESIDENTIAL STATE SUPPLEMENT | 82973 |
| Under the Residential State Supplement Program, the amount | 82974 |
| used to determine whether a resident is eligible for payment and | 82975 |
| for determining the amount per month the eligible resident will | 82976 |
| receive shall be as follows: | 82977 |
| (A) $900 for a residential care facility, as defined in | 82978 |
| section 3721.01 of the Revised Code; | 82979 |
| (B) $900 for an adult group home, as defined in Chapter 3722. | 82980 |
| of the Revised Code; | 82981 |
| (C) $800 for an adult foster home, as defined in Chapter 173. | 82982 |
| of the Revised Code; | 82983 |
| (D) $800 for an adult family home, as defined in Chapter | 82984 |
| 3722. of the Revised Code; | 82985 |
| (E) $800 for an adult community alternative home, as defined | 82986 |
| in Chapter 3724. of the Revised Code; | 82987 |
| (F) $800 for an adult residential facility, as defined in | 82988 |
| Chapter 5119. of the Revised Code; | 82989 |
| (G) $600 for adult community mental health housing services, | 82990 |
| as defined in division (B)(5) of section 173.35 of the Revised | 82991 |
| Code. | 82992 |
| The Departments of Aging and Job and Family Services shall | 82993 |
| reflect these amounts in any applicable rules the departments | 82994 |
| adopt under section 173.35 of the Revised Code. | 82995 |
| LONG-TERM CARE OMBUDSMAN | 82996 |
| The foregoing appropriation item 490-410, Long-Term Care | 82997 |
| Ombudsman, shall be used for a program to fund ombudsman program | 82998 |
| activities in nursing homes, adult care facilities, boarding | 82999 |
| homes, and home and community care services. | 83000 |
| TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS | 83001 |
| The Department of Aging may transfer cash by intrastate | 83002 |
| transfer vouchers from the foregoing appropriation items 490-412, | 83003 |
| Residential State Supplement, and 490-610, PASSPORT/Residential | 83004 |
| State Supplement, to the Department of Job and Family Services' | 83005 |
| Fund 4J5, Home and Community-Based Services for the Aged Fund. The | 83006 |
| funds shall be used to make benefit payments to Residential State | 83007 |
| Supplement recipients. | 83008 |
| TRANSFER OF APPROPRIATIONS - FEDERAL AGING NUTRITION, FEDERAL | 83009 |
| INDEPENDENCE SERVICES, AND FEDERAL AGING GRANTS | 83010 |
| Upon written request of the Director of Aging, the Director | 83011 |
| of Budget and Management may transfer appropriation authority | 83012 |
| among appropriation items 490-611, Federal Aging Nutrition, | 83013 |
| 490-612, Federal Independence Services, and 490-618, Federal Aging | 83014 |
| Grants, in amounts not to exceed 30 per cent of the appropriation | 83015 |
| from which the transfer is made. The Department of Aging shall | 83016 |
| report a transfer to the Controlling Board at the next regularly | 83017 |
| scheduled meeting of the board. | 83018 |
| REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM | 83019 |
| The foregoing appropriation item 490-609, Regional Long-Term | 83020 |
| Care Ombudsman Program, shall be used solely to pay the costs of | 83021 |
| operating the regional long-term care ombudsman programs. | 83022 |
| PASSPORT/RESIDENTIAL STATE SUPPLEMENT | 83023 |
| Of the foregoing appropriation item 490-610, | 83024 |
| PASSPORT/Residential State Supplement, up to $2,835,000 each | 83025 |
| fiscal year may be used to fund the Residential State Supplement | 83026 |
| Program. The remaining available funds shall be used to fund the | 83027 |
| PASSPORT program. | 83028 |
| TRANSITION PLAN FOR RESIDENTIAL STATE SUPPLEMENT | 83029 |
| Subject to approval by the Social Security Administration, of | 83030 |
| the foregoing appropriation items 490-412, Residential State | 83031 |
| Supplement, and 490-610, PASSPORT/Residential State Supplement, | 83032 |
| Fund 4J4, in fiscal year 2007 the Department of Aging shall | 83033 |
| transfer to the Ohio Department of Mental Health sufficient funds | 83034 |
| to make benefit payments for all Residential State Supplement | 83035 |
| recipients who are less than 60 years of age diagnosed with mental | 83036 |
| illness, mental retardation, or a developmental disability and are | 83037 |
| enrolled in the program on June 30, 2006. Upon the request of the | 83038 |
| Directors of Aging and of Mental Health, the Director of Budget | 83039 |
| and Management may transfer appropriations from GRF appropriation | 83040 |
| item 490-412, Residential State Supplement, in the Department of | 83041 |
| Aging to GRF appropriation item 335-505, Local Mental Health | 83042 |
| Systems of Care, in the Department of Mental Health. In addition, | 83043 |
| upon the request of the Directors of Aging and Mental Health, the | 83044 |
| Director of Budget and Management may transfer cash from Fund 4J4, | 83045 |
| PASSPORT Fund, into the General Revenue Fund and increase the | 83046 |
| appropriation in Department of Mental Health GRF appropriation | 83047 |
| item 335-505, Local Mental Health Systems of Care, by an equal | 83048 |
| amount. | 83049 |
| The departments of Aging and Mental Health shall jointly | 83050 |
| petition the Social Security Administration to approve changes to | 83051 |
| the Residential State Supplement program. Changes proposed by the | 83052 |
| two departments shall ensure that Residential State Supplement | 83053 |
| program recipients on June 30, 2006, continue to receive benefit | 83054 |
| payments as long as they remain in the program. Changes proposed | 83055 |
| by the departments of Aging and Mental Health may include | 83056 |
| provisions that improve local accountability to county boards of | 83057 |
| mental health, maximize available funding, and improve the quality | 83058 |
| of residential settings approved for recipients. If the Social | 83059 |
| Security Administration does not approve these changes, the | 83060 |
| Department of Aging shall continue to be responsible for the | 83061 |
| Residential State Supplement Program. | 83062 |
| Section 203.21.09. AGING AND DISABILITY RESOURCE CENTERS | 83063 |
| The Department of Aging shall apply for the 2005 Aging and | 83064 |
| Disability Resource Center Grant Initiative of the Administration | 83065 |
| on Aging and the Centers for Medicare and Medicaid Services. If | 83066 |
| the application is accepted, the Department shall create an Aging | 83067 |
| and Disability Resource Center beginning in fiscal year 2006. The | 83068 |
| Department of Job and Family Services shall endorse the | 83069 |
| Department's application to the extent required by the invitation | 83070 |
| to apply. | 83071 |
| Section 203.24. AGR DEPARTMENT OF AGRICULTURE | 83072 |
| General Revenue Fund | 83073 |
| GRF | 700-321 | Operating Expenses | $ | 2,605,330 | $ | 2,605,330 | 83074 | ||||
| GRF | 700-401 | Animal Disease Control | $ | 3,574,506 | $ | 3,574,506 | 83075 | ||||
| GRF | 700-403 | Dairy Division | $ | 1,304,504 | $ | 1,304,504 | 83076 | ||||
| GRF | 700-404 | Ohio Proud | $ | 185,395 | $ | 185,395 | 83077 | ||||
| GRF | 700-405 | Animal Damage Control | $ | 60,000 | $ | 60,000 | 83078 | ||||
| GRF | 700-406 | Consumer Analytical Lab | $ | 819,907 | $ | 819,907 | 83079 | ||||
| GRF | 700-407 | Food Safety | $ | 939,099 | $ | 939,099 | 83080 | ||||
| GRF | 700-409 | Farmland Preservation | $ | 241,573 | $ | 241,573 | 83081 | ||||
| GRF | 700-410 | Plant Industry | $ | 391,216 | $ | 50,000 | 83082 | ||||
| GRF | 700-411 | International Trade and Market Development | $ | 617,524 | $ | 517,524 | 83083 | ||||
| GRF | 700-412 | Weights and Measures | $ | 1,100,000 | $ | 1,300,000 | 83084 | ||||
| GRF | 700-413 | Gypsy Moth Prevention | $ | 200,000 | $ | 200,000 | 83085 | ||||
| GRF | 700-415 | Poultry Inspection | $ | 325,000 | $ | 325,000 | 83086 | ||||
| GRF | 700-418 | Livestock Regulation Program | $ | 1,428,496 | $ | 1,428,496 | 83087 | ||||
| GRF | 700-424 | Livestock Testing and Inspections | $ | 115,946 | $ | 115,946 | 83088 | ||||
| GRF | 700-499 | Meat Inspection Program - State Share | $ | 4,696,889 | $ | 4,696,889 | 83089 | ||||
| GRF | 700-501 | County Agricultural Societies | $ | 358,226 | $ | 358,226 | 83090 | ||||
| TOTAL GRF General Revenue Fund | $ | 18,963,611 | $ | 18,722,395 | 83091 | ||||||
| Federal Special Revenue Fund Group | 83092 |
| 3J4 | 700-607 | Indirect Cost | $ | 1,500,027 | $ | 1,500,027 | 83093 | ||||
| 3R2 | 700-614 | Federal Plant Industry | $ | 4,800,000 | $ | 4,800,000 | 83094 | ||||
| 326 | 700-618 | Meat Inspection Program - Federal Share | $ | 5,201,291 | $ | 5,201,291 | 83095 | ||||
| 336 | 700-617 | Ohio Farm Loan Revolving Fund | $ | 43,793 | $ | 44,679 | 83096 | ||||
| 382 | 700-601 | Cooperative Contracts | $ | 4,300,000 | $ | 4,300,000 | 83097 | ||||
| TOTAL FED Federal Special Revenue | 83098 | ||||||||||
| Fund Group | $ | 15,845,111 | $ | 15,845,997 | 83099 | ||||||
| State Special Revenue Fund Group | 83100 |
| 4C9 | 700-605 | Feed, Fertilizer, Seed, and Lime Inspection | $ | 1,922,857 | $ | 1,891,395 | 83101 | ||||
| 4D2 | 700-609 | Auction Education | $ | 23,885 | $ | 24,601 | 83102 | ||||
| 4E4 | 700-606 | Utility Radiological Safety | $ | 73,059 | $ | 73,059 | 83103 | ||||
| 4P7 | 700-610 | Food Safety Inspection | $ | 816,096 | $ | 858,096 | 83104 | ||||
| 4R0 | 700-636 | Ohio Proud Marketing | $ | 38,300 | $ | 38,300 | 83105 | ||||
| 4R2 | 700-637 | Dairy Industry Inspection | $ | 1,541,466 | $ | 1,621,460 | 83106 | ||||
| 4T6 | 700-611 | Poultry and Meat Inspection | $ | 47,294 | $ | 47,294 | 83107 | ||||
| 4T7 | 700-613 | International Trade and Market Development | $ | 52,000 | $ | 54,000 | 83108 | ||||
| 494 | 700-612 | Agricultural Commodity Marketing Program | $ | 170,220 | $ | 170,220 | 83109 | ||||
| 496 | 700-626 | Ohio Grape Industries | $ | 1,071,099 | $ | 1,071,054 | 83110 | ||||
| 497 | 700-627 | Commodity Handlers Regulatory Program | $ | 515,820 | $ | 529,978 | 83111 | ||||
| 5B8 | 700-629 | Auctioneers | $ | 365,390 | $ | 365,390 | 83112 | ||||
| 5H2 | 700-608 | Metrology Lab and Scale Certification | $ | 351,526 | $ | 362,526 | 83113 | ||||
| 5L8 | 700-604 | Livestock Management Program | $ | 30,000 | $ | 30,000 | 83114 | ||||
| 578 | 700-620 | Ride Inspection Fees | $ | 1,105,436 | $ | 1,115,436 | 83115 | ||||
| 652 | 700-634 | Animal Health and Food Safety | $ | 1,876,624 | $ | 1,831,232 | 83116 | ||||
| 669 | 700-635 | Pesticide Program | $ | 2,993,232 | $ | 3,354,448 | 83117 | ||||
| TOTAL SSR State Special Revenue | 83118 | ||||||||||
| Fund Group | $ | 12,994,304 | $ | 13,438,489 | 83119 | ||||||
| Clean Ohio Fund Group | 83120 |
| 057 | 700-632 | Clean Ohio Agricultural Easement | $ | 149,000 | $ | 149,000 | 83121 | ||||
| TOTAL CLR Clean Ohio Fund Group | $ | 149,000 | $ | 149,000 | 83122 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 47,952,026 | $ | 48,155,881 | 83123 |
| OHIO - ISRAEL AGRICULTURAL INITIATIVE | 83124 |
| Of the foregoing General Revenue Fund appropriation item | 83125 |
| 700-411, International Trade and Market Development, $100,000 | 83126 |
| shall be used in fiscal year 2006 for the Ohio - Israel | 83127 |
| Agricultural Initiative. | 83128 |
| FAMILY FARM LOAN PROGRAM | 83129 |
| Notwithstanding Chapter 166. of the Revised Code, up to | 83130 |
| $1,000,000 in each fiscal year shall be transferred from moneys in | 83131 |
| the Facilities Establishment Fund (Fund 037) to the Family Farm | 83132 |
| Loan Fund (Fund 5H1) in the Department of Development. These | 83133 |
| moneys shall be used for loan guarantees. The transfer is subject | 83134 |
| to Controlling Board approval. | 83135 |
| Financial assistance from the Family Farm Loan Fund (Fund | 83136 |
| 5H1) shall be repaid to Fund 5H1. This fund is established in | 83137 |
| accordance with sections 166.031, 901.80, 901.81, 901.82, and | 83138 |
| 901.83 of the Revised Code. | 83139 |
| When the Family Farm Loan Fund (Fund 5H1) ceases to exist, | 83140 |
| all outstanding balances, all loan repayments, and any other | 83141 |
| outstanding obligations shall revert to the Facilities | 83142 |
| Establishment Fund (Fund 037). | 83143 |
| Section 203.24.03. FERTILIZER-RELATED LICENSURE AND | 83144 |
| REGISTRATION | 83145 |
| To facilitate implementation of the new schedule for | 83146 |
| fertilizer-related licensure, registration, and reporting | 83147 |
| established under sections 905.32, 905.33, 905.331, and 905.36 of | 83148 |
| the Revised Code, as amended by this act, all of the following | 83149 |
| apply: | 83150 |
| (A) With regard to licenses for which applications for the | 83151 |
| license period beginning July 1, 2005, have been submitted under | 83152 |
| sections 905.32 and 905.331 of the Revised Code as those sections | 83153 |
| existed prior to their amendment by this act, a license shall be | 83154 |
| issued for a period beginning on July 1, 2005, and ending on | 83155 |
| November 30, 2005, and shall expire on November 30, 2005. | 83156 |
| (B) With regard to registrations of a specialty fertilizer | 83157 |
| for which applications for the registration period beginning July | 83158 |
| 1, 2005, have been submitted under section 905.33 of the Revised | 83159 |
| Code as that section existed prior to its amendment by this act, a | 83160 |
| registration shall be issued for the period beginning on July 1, | 83161 |
| 2005, and ending on November 30, 2005, and shall expire on | 83162 |
| November 30, 2005. | 83163 |
| (C) A person who is required to submit a tonnage report | 83164 |
| within thirty days of June 30, 2005, under section 905.36 of the | 83165 |
| Revised Code as that section existed prior to its amendments by | 83166 |
| this act shall submit the report by that date. However, the person | 83167 |
| also shall submit a tonnage report by November 30, 2005, for the | 83168 |
| period beginning on July 1, 2005, and ending on October 31, 2005 | 83169 |
| as required by section 905.36 of the Revised Code as amended by | 83170 |
| this act. | 83171 |
| COMMERCIAL FEED, FERTILIZER, SEED, AND LIME INSPECTION AND | 83172 |
| LABORATORY FUND | 83173 |
| The Commercial Feed, Fertilizer, Seed, and Lime Inspection | 83174 |
| and Laboratory Fund created in section 905.38 of the Revised Code, | 83175 |
| as amended by this act, is a continuation of the Commerical Feed, | 83176 |
| Fertilizer, and Lime Inspection and Laboratory Fund that was | 83177 |
| created in that section prior to its amendment by this act. | 83178 |
| Notwithstanding any other provision of law to the contrary, the | 83179 |
| Seed Fund (5Z4) created in section 907.16 of the Revised Code | 83180 |
| shall cease to exist, effective July 1, 2005. All assets, | 83181 |
| liabilities, revenues, and obligations associated with the Seed | 83182 |
| Fund (5Z4) are hereby transferred to the Commerical Feed, | 83183 |
| Fertilizer, Seed, and Lime Inspection and Laboratory Fund (Fund | 83184 |
| 4C9) on July 1, 2005. | 83185 |
| Effective July 1, 2005, or as soon thereafter as possible, | 83186 |
| the Director of Agriculture shall certify to the Director of | 83187 |
| Budget and Management the cash balance in the Seed Fund (5Z4), | 83188 |
| which was merged in section 907.16 of the Revised Code, as amended | 83189 |
| by this act. The Director of Budget and Management shall transfer | 83190 |
| the certified amount to the Commercial Feed, Fertilizer, Seed, and | 83191 |
| Lime Inspection and Laboratory Fund (Fund 4C9), which is created | 83192 |
| in section 907.16 of the Revised Code, formerly named the Seed | 83193 |
| Fund. The Director shall cancel any existing encumbrances against | 83194 |
| appropriation item 700-642, Seed Program, and re-establish them | 83195 |
| against appropriation item 700-605, Feed, Fertilizer, Seed, and | 83196 |
| Lime Inspection. The amounts of the re-established encumbrances | 83197 |
| are hereby appropriated. | 83198 |
| METROLOGY LAB AND SCALE CERTIFICATION FUND | 83199 |
| The Metrology and Scale Certification Fund created in section | 83200 |
| 1327.511 of the Revised Code, as amended by this act, is a | 83201 |
| continuation of the Scale Certification Fund that was created in | 83202 |
| that section prior to its amendment by this act. Notwithstanding | 83203 |
| any other provision of law to the contrary, the Scale | 83204 |
| Certification Fund (Fund 579) created in section 1327.511 of the | 83205 |
| Revised Code shall cease to exist, effective July 1, 2005. All | 83206 |
| assets, liabilities, revenues, and obligations associated with the | 83207 |
| Scale Certification Fund (Fund 579) are hereby transferred to the | 83208 |
| Metrology Lab and Scale Certification Fund (Fund 5H2) on July 1, | 83209 |
| 2005. | 83210 |
| Effective July 1, 2005, or as soon thereafter as possible, | 83211 |
| the Director of Agriculture shall certify to the Director of | 83212 |
| Budget and Management the cash balance in the Scale Certification | 83213 |
| Fund (Fund 579), which was merged in section 1327.511 of the | 83214 |
| Revised Code, as amended by this act. The Director of Budget and | 83215 |
| Management shall transfer the certified amount to the Metrology | 83216 |
| Laboratory and Scale Certification Fund (Fund 5H2) which is | 83217 |
| created in section 1327.511 of the Revised Code, formerly named | 83218 |
| the Scale Certification Laboratory Fund. The Director shall cancel | 83219 |
| any existing encumbrances against appropriation item 700-630, | 83220 |
| Scale Certification, and re-establish them against appropriation | 83221 |
| item 700-608, Metrology Lab. The amounts of the re-established | 83222 |
| encumbrances are hereby appropriated. | 83223 |
| ANIMAL HEALTH AND FOOD SAFETY | 83224 |
| Notwithstanding any other provision of law to the contrary, | 83225 |
| the Animal Industry Laboratory Fees Fund (Fund 4V5) created in | 83226 |
| division (E)(1) of section 901.43 of the Revised Code shall cease | 83227 |
| to exist, effective July 1, 2005. All assets, liabilities, | 83228 |
| revenues, and obligations associated with the Animal Industry | 83229 |
| Laboratory Fund (Fund 4V5) are hereby transferred to the Animal | 83230 |
| Health and Food Safety Fund (Fund 652) on July 1, 2005. | 83231 |
| Effective July 1, 2005, or as soon thereafter as possible, | 83232 |
| the Director of Agriculture shall certify to the Director of | 83233 |
| Budget and Management the cash balance in the Animal Industry | 83234 |
| Laboratory Fund (Fund 4V5), which was merged in division (E)(1) of | 83235 |
| section 901.43 of the Revised Code, as amended by this act. The | 83236 |
| Director of Budget and Management shall transfer the certified | 83237 |
| amount to the Animal Health and Food Safety Fund (Fund 652) which | 83238 |
| is created in division (E)(2) of section 901.43 of the Revised | 83239 |
| Code, formerly named the Animal Industry Laboratory Fund. The | 83240 |
| Director of Budget and Management shall cancel any existing | 83241 |
| encumbrances against appropriation item 700-615, Animal Industry | 83242 |
| Lab Fees, and re-establish them against appropriation item | 83243 |
| 700-634, Laboratory Services. The amounts of the re-established | 83244 |
| encumbrances are hereby appropriated. | 83245 |
| PESTICIDE REGISTRATION AND INSPECTION FEE | 83246 |
| The registration and inspection fee established in rules | 83247 |
| adopted under section 921.16 of Revised Code for the purposes of | 83248 |
| section 921.02 of the Revised Code, as that section existed prior | 83249 |
| to its amendment by this act, that are in effect on January 1, | 83250 |
| 2005, shall remain in effect until the new fees established in | 83251 |
| section 921.02 of the Revised Code as amended by this act take | 83252 |
| effect on January 1, 2007. | 83253 |
| CLEAN OHIO AGRICULTURAL EASEMENT | 83254 |
| The foregoing appropriation item 700-632, Clean Ohio | 83255 |
| Agricultural Easement, shall be used by the Department of | 83256 |
| Agriculture in administering sections 901.21, 901.22, and 5301.67 | 83257 |
| to 5301.70 of the Revised Code. | 83258 |
| TRANSFER BETWEEN FUNDS | 83259 |
| For fiscal years 2006 and 2007, if the cash credited to the | 83260 |
| Commercial Feed, Fertilizer, Seed, and Lime Inspection and | 83261 |
| Laboratory Fund (Fund 4C9) or the Pesticide Program Fund (Fund | 83262 |
| 669) exceeds the amount necessary to administer the programs for | 83263 |
| which they were intended, the Director of Agriculture may certify | 83264 |
| the amount to the Director of Budget and Management. The Director | 83265 |
| of Budget and Management may transfer the cash to any other fund | 83266 |
| administered by the Director of Agriculture. | 83267 |
| UNCLAIMED FUNDS TRANSFER | 83268 |
| Notwithstanding division (A) of section 169.05 of the Revised | 83269 |
| Code, upon the request of the Director of Budget and Management, | 83270 |
| the Director of Commerce, prior to June 30, 2006, shall transfer | 83271 |
| to the Food Safety Fund (Fund 4P7) up to $21,790 of the unclaimed | 83272 |
| funds that have been reported by the holders of unclaimed funds | 83273 |
| under section 169.05 of the Revised Code, regardless of the | 83274 |
| allocation of the unclaimed funds described in that section. | 83275 |
| Notwithstanding division (A) of section 169.05 of the Revised | 83276 |
| Code, upon the request of the Director of Budget and Management, | 83277 |
| the Director of Commerce, prior to June 30, 2007, shall transfer | 83278 |
| to the Food Safety Fund (Fund 4P7) up to $21,790 of the unclaimed | 83279 |
| funds that have been reported by the holders of unclaimed funds | 83280 |
| under section 169.05 of the Revised Code, regardless of the | 83281 |
| allocation of the unclaimed funds described in that section. | 83282 |
| Section 203.27. AIR AIR QUALITY DEVELOPMENT AUTHORITY | 83283 |
| General Revenue Fund | 83284 |
| GRF | 898-402 | Coal Development Office | $ | 568,814 | $ | 573,814 | 83285 | ||||
| GRF | 898-901 | Coal R&D General Obligation Debt Service | $ | 7,071,100 | $ | 8,980,800 | 83286 | ||||
| TOTAL GRF General Revenue Fund | $ | 7,639,914 | $ | 9,554,614 | 83287 | ||||||
| Agency Fund Group | 83288 |
| 4Z9 | 898-602 | Small Business Ombudsman | $ | 263,165 | $ | 264,196 | 83289 | ||||
| 5A0 | 898-603 | Small Business Assistance | $ | 71,087 | $ | 71,087 | 83290 | ||||
| 570 | 898-601 | Operating Expenses | $ | 256,875 | $ | 263,693 | 83291 | ||||
| TOTAL AGY Agency Fund Group | $ | 591,127 | $ | 598,976 | 83292 | ||||||
| Coal Research/Development Fund | 83293 |
| 046 | 898-604 | Coal Research and Development Fund | $ | 10,000,000 | $ | 10,000,000 | 83294 | ||||
| TOTAL 046 Coal Research/Development Fund | $ | 10,000,000 | $ | 10,000,000 | 83295 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 18,231,041 | $ | 20,153,590 | 83296 | ||||||
| COAL DEVELOPMENT OFFICE | 83297 |
| The foregoing appropriation item GRF 898-402, Coal | 83298 |
| Development Office, shall be used for the administrative costs of | 83299 |
| the Coal Development Office. | 83300 |
| COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE | 83301 |
| The foregoing appropriation item GRF 898-901, Coal R & D | 83302 |
| General Obligation Debt Service, shall be used to pay all debt | 83303 |
| service and related financing costs at the times they are required | 83304 |
| to be made under sections 151.01 and 151.07 of the Revised Code | 83305 |
| during the period from July 1, 2005, to June 30, 2007. The Office | 83306 |
| of the Sinking Fund or the Director of Budget and Management shall | 83307 |
| effectuate the required payments by intrastate transfer voucher. | 83308 |
| SCIENCE AND TECHNOLOGY COLLABORATION | 83309 |
| The Air Quality Development Authority shall work in close | 83310 |
| collaboration with the Department of Development, the Board of | 83311 |
| Regents, and the Third Frontier Commission in relation to | 83312 |
| appropriation items and programs referred to as Alignment Programs | 83313 |
| in the following paragraph, and other technology-related | 83314 |
| appropriations and programs in the Department of Development, Air | 83315 |
| Quality Development Authority, and the Board of Regents as those | 83316 |
| agencies may designate, to ensure implementation of a coherent | 83317 |
| state strategy with respect to science and technology. | 83318 |
| To the extent permitted by law, the Air Quality Development | 83319 |
| Authority shall assure that coal research and development | 83320 |
| programs, proposals, and projects consider or incorporate | 83321 |
| appropriate collaborations with Third Frontier Project programs | 83322 |
| and grantees and with Alignment Programs and grantees. | 83323 |
| "Alignment Programs" means: appropriation items 195-401, | 83324 |
| Thomas Edison Program; 898-402, Coal Development Office; 195-422, | 83325 |
| Third Frontier Action Fund; 898-604, Coal Research and Development | 83326 |
| Fund; 235-433, Economic Growth Challenge; 235-508, Air Force | 83327 |
| Institute of Technology; 235-510, Ohio Supercomputer Center; | 83328 |
| 235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute; | 83329 |
| 235-535, Ohio Agricultural Research and Development Center; | 83330 |
| 235-553, Dayton Area Graduate Studies Institute; 235-554, | 83331 |
| Priorities in Collaborative Graduate Education; 235-556, Ohio | 83332 |
| Academic Resources Network; and 195-435, Biomedical Research and | 83333 |
| Technology Transfer Trust. | 83334 |
| Consistent with the recommendations of the Governor's | 83335 |
| Commission on Higher Education and the Economy, Alignment Programs | 83336 |
| shall be managed and administered (1) to build on existing | 83337 |
| competitive research strengths, (2) to encourage new and emerging | 83338 |
| discoveries and commercialization of ideas and products that will | 83339 |
| benefit the Ohio economy, and (3) to assure improved collaboration | 83340 |
| among Alignment Programs, with programs administered by the Third | 83341 |
| Frontier Commission, and with other state programs that are | 83342 |
| intended to improve economic growth and job creation. | 83343 |
| As directed by the Third Frontier Commission, Alignment | 83344 |
| Program managers shall report to the Commission or to the Third | 83345 |
| Frontier Advisory Board on the contributions of their programs to | 83346 |
| achieving the objectives stated in the preceding paragraph. | 83347 |
| Each alignment program shall be reviewed annually by the | 83348 |
| Third Frontier Commission with respect to its development of | 83349 |
| complementary relationships within a combined state science and | 83350 |
| technology investment portfolio and its overall contribution to | 83351 |
| the state's science and technology strategy, including the | 83352 |
| adoption of appropriately consistent criteria for: (1) the | 83353 |
| scientific merit of activities supported by the program; (2) the | 83354 |
| relevance of the program's activities to commercial opportunities | 83355 |
| in the private sector; (3) the private sector's involvement in a | 83356 |
| process that continually evaluates commercial opportunities to use | 83357 |
| the work supported by the program; and (4) the ability of the | 83358 |
| program and recipients of grant funding from the program to engage | 83359 |
| in activities that are collaborative, complementary, and efficient | 83360 |
| with respect to the expenditure of state funds. Each alignment | 83361 |
| program shall provide annual reports to the Third Frontier | 83362 |
| Commission discussing existing, planned, or possible | 83363 |
| collaborations between programs and recipients of grant funding | 83364 |
| related to technology, development, commercialization, and | 83365 |
| supporting Ohio's economic development. The annual review by the | 83366 |
| Third Frontier Commission shall be a comprehensive review of the | 83367 |
| entire state science and technology program portfolio rather than | 83368 |
| a review of individual programs. | 83369 |
| Applicants for Third Frontier and Alignment Program funding | 83370 |
| shall identify their requirements for high-performance computing | 83371 |
| facilities and services, including both hardware and software, in | 83372 |
| all proposals. If an applicant's requirements exceed approximately | 83373 |
| $100,000 for a proposal, the Ohio Supercomputer Center shall | 83374 |
| convene a panel of experts. The panel shall review the proposal to | 83375 |
| determine whether the proposal's requirements can be met through | 83376 |
| Ohio Supercomputer Center facilities or through other means and | 83377 |
| report its conclusion to the Third Frontier Commission. | 83378 |
| To ensure that the state receives the maximum benefit from | 83379 |
| its investment in the Third Frontier Project and the Third | 83380 |
| Frontier Network, organizations receiving Third Frontier awards | 83381 |
| and Alignment Program awards shall, as appropriate, be expected to | 83382 |
| have a connection to the Third Frontier Network that enables them | 83383 |
| and their collaborators to achieve award objectives through the | 83384 |
| Third Frontier Network. | 83385 |
| Section 203.30. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION | 83386 |
| SERVICES | 83387 |
| General Revenue Fund | 83388 |
| GRF | 038-321 | Operating Expenses | $ | 1,128,275 | $ | 1,128,275 | 83389 | ||||
| GRF | 038-401 | Treatment Services | $ | 35,593,265 | $ | 36,661,063 | 83390 | ||||
| GRF | 038-404 | Prevention Services | $ | 1,021,483 | $ | 1,052,127 | 83391 | ||||
| TOTAL GRF General Revenue Fund | $ | 37,743,023 | $ | 38,841,465 | 83392 | ||||||
| General Services Fund | 83393 |
| 5T9 | 038-616 | Problem Gambling Services | $ | 285,000 | $ | 285,000 | 83394 | ||||
| TOTAL GSF General Services Fund Group | $ | 285,000 | $ | 285,000 | 83395 | ||||||
| Federal Special Revenue Fund Group | 83396 |
| 3G3 | 038-603 | Drug Free Schools | $ | 3,500,000 | $ | 3,500,000 | 83397 | ||||
| 3G4 | 038-614 | Substance Abuse Block Grant | $ | 73,000,000 | $ | 73,000,000 | 83398 | ||||
| 3H8 | 038-609 | Demonstration Grants | $ | 7,093,075 | $ | 7,093,075 | 83399 | ||||
| 3J8 | 038-610 | Medicaid | $ | 42,000,000 | $ | 46,000,000 | 83400 | ||||
| 3N8 | 038-611 | Administrative Reimbursement | $ | 500,000 | $ | 500,000 | 83401 | ||||
| TOTAL FED Federal Special Revenue | 83402 | ||||||||||
| Fund Group | $ | 126,093,075 | $ | 130,093,075 | 83403 | ||||||
| State Special Revenue Fund Group | 83404 |
| 475 | 038-621 | Statewide Treatment and Prevention | $ | 17,500,000 | $ | 18,000,000 | 83405 | ||||
| 5BR | 038-406 | Tobacco Use Prevention and Control Program | $ | 265,000 | $ | 205,000 | 83406 | ||||
| 689 | 038-604 | Education and Conferences | $ | 350,000 | $ | 350,000 | 83407 | ||||
| TOTAL SSR State Special Revenue | 83408 | ||||||||||
| Fund Group | $ | 18,115,000 | $ | 18,555,000 | 83409 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 182,236,098 | $ | 187,774,540 | 83410 | ||||||
| TREATMENT SERVICES | 83411 |
| Of the foregoing appropriation item 038-401, Treatment | 83412 |
| Services, not more than $8,190,000 shall be used by the Department | 83413 |
| of Alcohol and Drug Addiction Services for program grants for | 83414 |
| priority populations in each year of the biennium. | 83415 |
| SUBSTANCE ABUSE SERVICES FOR FAMILIES OF AT RISK CHILDREN | 83416 |
| Of the foregoing appropriation item 038-401, Treatment | 83417 |
| Services, $4 million in each fiscal year shall be used to provide | 83418 |
| substance abuse services to families involved in the child welfare | 83419 |
| system under the requirements of Am. Sub. H.B. 484 of the 122nd | 83420 |
| General Assembly. | 83421 |
| SERVICES FOR TANF-ELIGIBLE INDIVIDUALS | 83422 |
| Of the foregoing appropriation item 038-401, Treatment | 83423 |
| Services, $5 million each year shall be used to fund TANF-eligible | 83424 |
| expenditures for substance abuse prevention and treatment services | 83425 |
| to children, or their families, whose income is at or below 200 | 83426 |
| per cent of the official income poverty guideline. The Director of | 83427 |
| Alcohol and Drug Addiction Services and the Director of Job and | 83428 |
| Family Services shall develop operating and reporting guidelines | 83429 |
| for these programs. | 83430 |
| THERAPEUTIC COMMUNITIES | 83431 |
| Of the foregoing appropriation item 038-401, Treatment | 83432 |
| Services, $750,000 shall be used in each fiscal year for expansion | 83433 |
| of the Therapeutic Communities Program in the Department of | 83434 |
| Rehabilitation and Correction. | 83435 |
| PARENT AWARENESS TASK FORCE | 83436 |
| The Parent Awareness Task Force shall study ways to engage | 83437 |
| more parents in activities, coalitions, and educational programs | 83438 |
| in Ohio relating to alcohol and other drug abuse prevention. Of | 83439 |
| the foregoing appropriation item 038-404, Prevention Services, | 83440 |
| $30,000 in each fiscal year may be used to support the functions | 83441 |
| of the Parent Awareness Task Force. | 83442 |
| Section 203.36. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS | 83443 |
| General Services Fund Group | 83444 |
| 4K9 | 891-609 | Operating Expenses | $ | 489,197 | $ | 489,197 | 83445 | ||||
| TOTAL GSF General Services Fund | 83446 | ||||||||||
| Group | $ | 489,197 | $ | 489,197 | 83447 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 489,197 | $ | 489,197 | 83448 | ||||||
| Section 203.39. ART OHIO ARTS COUNCIL | 83450 |
| General Revenue Fund | 83451 |
| GRF | 370-100 | Personal Services | $ | 1,798,235 | $ | 1,798,235 | 83452 | ||||
| GRF | 370-200 | Maintenance | $ | 459,746 | $ | 459,746 | 83453 | ||||
| GRF | 370-300 | Equipment | $ | 4,700 | $ | 4,700 | 83454 | ||||
| GRF | 370-502 | Program Subsidies | $ | 8,975,480 | $ | 8,975,480 | 83455 | ||||
| TOTAL GRF General Revenue Fund | $ | 11,238,161 | $ | 11,238,161 | 83456 | ||||||
| General Services Fund Group | 83457 |
| 4B7 | 370-603 | Per Cent for Art Acquisitions | $ | 86,366 | $ | 86,366 | 83458 | ||||
| 460 | 370-602 | Gifts and Donations | $ | 400,000 | $ | 400,000 | 83459 | ||||
| TOTAL GSF General Services Fund Group | $ | 486,366 | $ | 486,366 | 83460 | ||||||
| Federal Special Revenue Fund Group | 83461 |
| 314 | 370-601 | Federal Programs | $ | 1,537,200 | $ | 1,537,200 | 83462 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 1,537,200 | $ | 1,537,200 | 83463 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 13,261,727 | $ | 13,261,727 | 83464 | ||||||
| PROGRAM SUBSIDIES | 83465 |
| A museum is not eligible to receive funds from appropriation | 83466 |
| item 370-502, Program Subsidies, if $8,000,000 or more in capital | 83467 |
| appropriations were appropriated by the state for the museum | 83468 |
| between January 1, 1986, and December 31, 2002. | 83469 |
| Section 203.45. ATH ATHLETIC COMMISSION | 83470 |
| General Services Fund Group | 83471 |
| 4K9 | 175-609 | Operating Expenses | $ | 248,150 | $ | 0 | 83472 | ||||
| TOTAL GSF General Services Fund Group | $ | 248,150 | $ | 0 | 83473 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 248,150 | $ | 0 | 83474 | ||||||
| Section 203.48. AGO ATTORNEY GENERAL | 83476 |
| General Revenue Fund | 83477 |
| GRF | 055-321 | Operating Expenses | $ | 42,118,150 | $ | 52,610,156 | 83478 | ||||
| GRF | 055-411 | County Sheriffs' Pay Supplement | $ | 760,495 | $ | 779,509 | 83479 | ||||
| GRF | 055-415 | County Prosecutors' Pay Supplement | $ | 740,704 | $ | 759,222 | 83480 | ||||
| TOTAL GRF General Revenue Fund | $ | 43,619,349 | $ | 54,148,887 | 83481 | ||||||
| General Services Fund Group | 83482 |
| 106 | 055-612 | General Reimbursement | $ | 21,370,196 | $ | 21,370,196 | 83483 | ||||
| 107 | 055-624 | Employment Services | $ | 850,000 | $ | 850,000 | 83484 | ||||
| 195 | 055-660 | Workers' Compensation Section | $ | 7,769,628 | $ | 7,769,628 | 83485 | ||||
| 4Y7 | 055-608 | Title Defect Rescission | $ | 250,000 | $ | 250,000 | 83486 | ||||
| 4Z2 | 055-609 | BCI Asset Forfeiture and Cost Reimbursement | $ | 1,332,109 | $ | 1,332,109 | 83487 | ||||
| 418 | 055-615 | Charitable Foundations | $ | 4,899,066 | $ | 4,899,066 | 83488 | ||||
| 420 | 055-603 | Attorney General Antitrust | $ | 446,449 | $ | 446,449 | 83489 | ||||
| 421 | 055-617 | Police Officers' Training Academy Fee | $ | 1,693,213 | $ | 1,693,213 | 83490 | ||||
| 5A9 | 055-618 | Telemarketing Fraud Enforcement | $ | 7,500 | $ | 7,500 | 83491 | ||||
| 590 | 055-633 | Peace Officer Private Security Fund | $ | 98,370 | $ | 98,370 | 83492 | ||||
| 629 | 055-636 | Corrupt Activity Investigation and Prosecution | $ | 15,000 | $ | 15,000 | 83493 | ||||
| 631 | 055-637 | Consumer Protection Enforcement | $ | 1,373,832 | $ | 1,373,832 | 83494 | ||||
| TOTAL GSF General Services Fund | 83495 | ||||||||||
| Group | $ | 40,105,363 | $ | 40,105,363 | 83496 | ||||||
| Federal Special Revenue Fund Group | 83497 |
| 3E5 | 055-638 | Attorney General Pass-Through Funds | $ | 1,981,102 | $ | 1,981,102 | 83498 | ||||
| 3R6 | 055-613 | Attorney General Federal Funds | $ | 3,842,097 | $ | 3,842,097 | 83499 | ||||
| 306 | 055-620 | Medicaid Fraud Control | $ | 2,799,000 | $ | 2,799,000 | 83500 | ||||
| 381 | 055-611 | Civil Rights Legal Service | $ | 390,815 | $ | 390,815 | 83501 | ||||
| 383 | 055-634 | Crime Victims Assistance | $ | 18,439,313 | $ | 18,439,313 | 83502 | ||||
| TOTAL FED Federal Special Revenue | 83503 | ||||||||||
| Fund Group | $ | 27,452,327 | $ | 27,452,327 | 83504 | ||||||
| State Special Revenue Fund Group | 83505 |
| 4L6 | 055-606 | DARE | $ | 3,927,962 | $ | 3,927,962 | 83506 | ||||
| 402 | 055-616 | Victims of Crime | $ | 30,000,000 | $ | 30,000,000 | 83507 | ||||
| 419 | 055-623 | Claims Section | $ | 23,671,954 | $ | 15,149,954 | 83508 | ||||
| 659 | 055-641 | Solid and Hazardous Waste Background Investigations | $ | 621,159 | $ | 621,159 | 83509 | ||||
| TOTAL SSR State Special Revenue | 83510 | ||||||||||
| Fund Group | $ | 58,221,075 | $ | 49,699,075 | 83511 | ||||||
| Holding Account Redistribution Fund Group | 83512 |
| R04 | 055-631 | General Holding Account | $ | 275,000 | $ | 275,000 | 83513 | ||||
| R05 | 055-632 | Antitrust Settlements | $ | 1,000 | $ | 1,000 | 83514 | ||||
| R18 | 055-630 | Consumer Frauds | $ | 300,000 | $ | 300,000 | 83515 | ||||
| R42 | 055-601 | Organized Crime Commission Account | $ | 25,025 | $ | 25,025 | 83516 | ||||
| TOTAL 090 Holding Account | 83517 | ||||||||||
| Redistribution Fund Group | $ | 601,025 | $ | 601,025 | 83518 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 169,999,139 | $ | 172,006,677 | 83519 | ||||||
| COUNTY SHERIFFS' PAY SUPPLEMENT | 83520 |
| The foregoing appropriation item 055-411, County Sheriffs' | 83521 |
| Pay Supplement, shall be used for the purpose of supplementing the | 83522 |
| annual compensation of county sheriffs as required by section | 83523 |
| 325.06 of the Revised Code. | 83524 |
| COUNTY PROSECUTORS' PAY SUPPLEMENT | 83525 |
| The foregoing appropriation item 055-415, County Prosecutors' | 83526 |
| Pay Supplement, shall be used for the purpose of supplementing the | 83527 |
| annual compensation of certain county prosecutors as required by | 83528 |
| section 325.111 of the Revised Code. | 83529 |
| WORKERS' COMPENSATION SECTION | 83530 |
| The Workers' Compensation Section Fund (Fund 195) is entitled | 83531 |
| to receive payments from the Bureau of Workers' Compensation and | 83532 |
| the Ohio Industrial Commission at the beginning of each quarter of | 83533 |
| each fiscal year to fund legal services to be provided to the | 83534 |
| Bureau of Workers' Compensation and the Ohio Industrial Commission | 83535 |
| during the ensuing quarter. The advance payment shall be subject | 83536 |
| to adjustment. | 83537 |
| In addition, the Bureau of Workers' Compensation shall | 83538 |
| transfer payments at the beginning of each quarter for the support | 83539 |
| of the Workers' Compensation Fraud Unit. | 83540 |
| All amounts shall be mutually agreed upon by the Attorney | 83541 |
| General, the Bureau of Workers' Compensation, and the Ohio | 83542 |
| Industrial Commission. | 83543 |
| CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION | 83544 |
| The foregoing appropriation item 055-636, Corrupt Activity | 83545 |
| Investigation and Prosecution, shall be used as provided by | 83546 |
| division (D)(2) of section 2923.35 of the Revised Code to dispose | 83547 |
| of the proceeds, fines, and penalties credited to the Corrupt | 83548 |
| Activity Investigation and Prosecution Fund, which is created in | 83549 |
| division (D)(1)(b) of section 2923.35 of the Revised Code. If it | 83550 |
| is determined that additional amounts are necessary for this | 83551 |
| purpose, the amounts are hereby appropriated. | 83552 |
| ATTORNEY GENERAL PASS-THROUGH FUNDS | 83553 |
| The foregoing appropriation item 055-638, Attorney General | 83554 |
| Pass-Through Funds, shall be used to receive federal grant funds | 83555 |
| provided to the Attorney General by other state agencies, | 83556 |
| including, but not limited to, the Department of Youth Services | 83557 |
| and the Department of Public Safety. | 83558 |
| ANTITRUST SETTLEMENTS | 83559 |
| The foregoing appropriation item 055-632, Antitrust | 83560 |
| Settlements, shall be used to distribute court-ordered antitrust | 83561 |
| settlements in which the Office of Attorney General represents the | 83562 |
| state or a political subdivision under section 109.81 of the | 83563 |
| Revised Code. If it is determined that additional amounts are | 83564 |
| necessary for this purpose, the amounts are hereby appropriated. | 83565 |
| CONSUMER FRAUDS | 83566 |
| The foregoing appropriation item 055-630, Consumer Frauds, | 83567 |
| shall be used for distribution of moneys from court-ordered | 83568 |
| judgments against sellers in actions brought by the Office of | 83569 |
| Attorney General under sections 1334.08 and 4549.48 and division | 83570 |
| (B) of section 1345.07 of the Revised Code. These moneys shall be | 83571 |
| used to provide restitution to consumers victimized by the fraud | 83572 |
| that generated the court-ordered judgments. If it is determined | 83573 |
| that additional amounts are necessary for this purpose, the | 83574 |
| amounts are hereby appropriated. | 83575 |
| ORGANIZED CRIME COMMISSION ACCOUNT | 83576 |
| The foregoing appropriation item 055-601, Organized Crime | 83577 |
| Commission Account, shall be used by the Organized Crime | 83578 |
| Investigations Commission, as provided by section 177.011 of the | 83579 |
| Revised Code, to reimburse political subdivisions for the expenses | 83580 |
| the political subdivisions incur when their law enforcement | 83581 |
| officers participate in an organized crime task force. If it is | 83582 |
| determined that additional amounts are necessary for this purpose, | 83583 |
| the amounts are hereby appropriated. | 83584 |
| Section 203.51. AUD AUDITOR OF STATE | 83585 |
| General Revenue Fund | 83586 |
| GRF | 070-321 | Operating Expenses | $ | 29,014,425 | $ | 28,964,425 | 83587 | ||||
| GRF | 070-403 | Fiscal Watch/Emergency Technical Assistance | $ | 500,000 | $ | 500,000 | 83588 | ||||
| GRF | 070-405 | Electronic Data Processing - Auditing and Administration | $ | 823,193 | $ | 823,193 | 83589 | ||||
| GRF | 070-406 | Uniform Accounting Network/Technology Improvements Fund | $ | 1,588,538 | $ | 1,588,538 | 83590 | ||||
| TOTAL GRF General Revenue Fund | $ | 31,926,156 | $ | 31,876,156 | 83591 | ||||||
| Auditor of State Fund Group | 83592 |
| R06 | 070-604 | Continuous Receipts | $ | 35,000 | $ | 35,000 | 83593 | ||||
| 109 | 070-601 | Public Audit Expense - Intra-State | $ | 9,300,000 | $ | 9,300,000 | 83594 | ||||
| 422 | 070-601 | Public Audit Expense - Local Government | $ | 31,104,840 | $ | 31,104,840 | 83595 | ||||
| 584 | 070-603 | Training Program | $ | 131,250 | $ | 131,250 | 83596 | ||||
| 675 | 070-605 | Uniform Accounting Network | $ | 3,317,336 | $ | 3,317,336 | 83597 | ||||
| TOTAL AUS Auditor of State Fund | 83598 | ||||||||||
| Group | $ | 43,888,426 | $ | 43,888,426 | 83599 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 75,814,582 | $ | 75,764,582 | 83600 | ||||||
| BILLING PRACTICES PILOT REVIEW | 83601 |
| Of the foregoing appropriation item 070-321, Operating | 83602 |
| Expenses, $50,000 shall be used by the Auditor of State to conduct | 83603 |
| a pilot review of the billing practices of facilities licensed by | 83604 |
| the Department of Mental Health and the Department of Job and | 83605 |
| Family Services that serve children in a residential setting for | 83606 |
| whom mental health treatment services are provided. In conducting | 83607 |
| this review, the Auditor of State shall have access to any | 83608 |
| information, records, or other data that would otherwise be | 83609 |
| available to any federal, state, or local public agency that | 83610 |
| provides funding to the facility. | 83611 |
| The Auditor of State shall prepare a report on the | 83612 |
| conclusions of the pilot review, and shall furnish copies of the | 83613 |
| report to the Governor, the Speaker of the House of | 83614 |
| Representatives, and the President of the Senate, as well as to | 83615 |
| the majority and minority leaders of the House of Representatives | 83616 |
| and the Senate, by June 30, 2006. | 83617 |
| FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE | 83618 |
| The foregoing appropriation item 070-403, Fiscal | 83619 |
| Watch/Emergency Technical Assistance, shall be used for all | 83620 |
| expenses incurred by the Office of the Auditor of State in its | 83621 |
| role relating to fiscal watch or fiscal emergency activities under | 83622 |
| Chapters 118. and 3316. of the Revised Code. Expenses include, but | 83623 |
| are not limited to, the following: duties related to the | 83624 |
| determination or termination of fiscal watch or fiscal emergency | 83625 |
| of municipal corporations, counties, or townships as outlined in | 83626 |
| Chapter 118. of the Revised Code and of school districts as | 83627 |
| outlined in Chapter 3316. of the Revised Code; development of | 83628 |
| preliminary accounting reports; performance of annual forecasts; | 83629 |
| provision of performance audits; and supervisory, accounting, or | 83630 |
| auditing services for the mentioned public entities and school | 83631 |
| districts. The unencumbered balance of appropriation item 070-403, | 83632 |
| Fiscal Watch/Emergency Technical Assistance, at the end of fiscal | 83633 |
| year 2006 is transferred to fiscal year 2007 for use under the | 83634 |
| same appropriation item. | 83635 |
| ELECTRONIC DATA PROCESSING | 83636 |
| The unencumbered balance of appropriation item 070-405, | 83637 |
| Electronic Data Processing - Auditing and Administration, at the | 83638 |
| end of fiscal year 2006 is transferred to fiscal year 2007 for use | 83639 |
| under the same appropriation item. | 83640 |
| UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND | 83641 |
| The foregoing appropriation item 070-406, Uniform Accounting | 83642 |
| Network/Technology Improvements Fund, shall be used to pay the | 83643 |
| costs of developing and implementing the Uniform Accounting | 83644 |
| Network and technology improvements for the Office of the Auditor | 83645 |
| of State. The unencumbered balance of the appropriation at the end | 83646 |
| of fiscal year 2006 is transferred to fiscal year 2007 to pay the | 83647 |
| costs of developing and implementing the Uniform Accounting | 83648 |
| Network and technology improvements for the Office of the Auditor | 83649 |
| of State. | 83650 |
| Section 203.54. BRB BOARD OF BARBER EXAMINERS | 83651 |
| General Services Fund Group | 83652 |
| 4K9 | 877-609 | Operating Expenses | $ | 568,126 | $ | 0 | 83653 | ||||
| TOTAL GSF General Services Fund | 83654 | ||||||||||
| Group | $ | 568,126 | $ | 0 | 83655 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 568,126 | $ | 0 | 83656 | ||||||
| Section 203.57. OBM OFFICE OF BUDGET AND MANAGEMENT | 83658 |
| General Revenue Fund | 83659 |
| GRF | 042-321 | Budget Development and Implementation | $ | 2,143,886 | $ | 2,143,886 | 83660 | ||||
| GRF | 042-410 | National Association Dues | $ | 27,089 | $ | 28,173 | 83661 | ||||
| GRF | 042-412 | Audit of Auditor of State | $ | 55,900 | $ | 58,700 | 83662 | ||||
| GRF | 042-435 | Gubernatorial Transition | $ | 0 | $ | 250,000 | 83663 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,226,875 | $ | 2,480,759 | 83664 | ||||||
| General Services Fund Group | 83665 |
| 105 | 042-603 | Accounting and Budgeting | $ | 9,781,085 | $ | 9,976,689 | 83666 | ||||
| TOTAL GSF General Services Fund Group | $ | 9,781,085 | $ | 9,976,689 | 83667 | ||||||
| State Special Revenue Fund Group | 83668 |
| 5N4 | 042-602 | OAKS Project Implementation | $ | 2,262,441 | $ | 2,272,595 | 83669 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 2,262,441 | $ | 2,272,595 | 83670 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 14,270,401 | $ | 14,730,043 | 83671 | ||||||
| AUDIT COSTS | 83672 |
| Of the foregoing appropriation item 042-603, Accounting and | 83673 |
| Budgeting, not more than $420,000 in fiscal year 2006 and $425,000 | 83674 |
| in fiscal year 2007 shall be used to pay for centralized audit | 83675 |
| costs associated with either Single Audit Schedules or financial | 83676 |
| statements prepared in conformance with generally accepted | 83677 |
| accounting principles for the state. | 83678 |
| OAKS PROJECT IMPLEMENTATION | 83679 |
| Notwithstanding section 126.25 of the Revised Code, in fiscal | 83680 |
| years 2006 and 2007, rebates or revenue shares received from any | 83681 |
| state payment card program established under division (B) of | 83682 |
| section 126.21 of the Revised Code may be deposited into the OAKS | 83683 |
| Project Implementation Fund (Fund 5N4). | 83684 |
| Section 203.60. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD | 83685 |
| General Revenue Fund | 83686 |
| GRF | 874-100 | Personal Services | $ | 1,900,000 | $ | 1,900,000 | 83687 | ||||
| GRF | 874-320 | Maintenance and Equipment | $ | 992,269 | $ | 952,269 | 83688 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,892,269 | $ | 2,852,269 | 83689 | ||||||
| General Services Fund Group | 83690 |
| 4G5 | 874-603 | Capitol Square Maintenance Expenses | $ | 15,000 | $ | 15,000 | 83691 | ||||
| 4S7 | 874-602 | Statehouse Gift Shop/Events | $ | 770,484 | $ | 770,484 | 83692 | ||||
| TOTAL GSF General Services | 83693 | ||||||||||
| Fund Group | $ | 785,484 | $ | 785,484 | 83694 | ||||||
| Underground Parking Garage | 83695 |
| 208 | 874-601 | Underground Parking Garage Operating | $ | 2,959,721 | $ | 2,959,721 | 83696 | ||||
| TOTAL UPG Underground Parking | 83697 | ||||||||||
| Garage | $ | 2,959,721 | $ | 2,959,721 | 83698 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 6,637,474 | $ | 6,597,474 | 83699 | ||||||
| EXPANSION OF COMMITTEE HEARING ROOMS | 83700 |
| Of the foregoing appropriation item 874-320, Maintenance and | 83701 |
| Equipment, $40,000 in fiscal year 2006 shall be used to expand the | 83702 |
| House of Representatives committee hearing rooms, numbers 119 and | 83703 |
| 121. | 83704 |
| Section 203.63. SCR STATE BOARD OF CAREER COLLEGES AND | 83705 |
| SCHOOLS | 83706 |
| General Services Fund Group | 83707 |
| 4K9 | 233-601 | Operating Expenses | $ | 486,700 | $ | 508,600 | 83708 | ||||
| TOTAL GSF General Services Fund Group | $ | 486,700 | $ | 508,600 | 83709 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 486,700 | $ | 508,600 | 83710 | ||||||
| Section 203.66. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD | 83712 |
| General Services Fund Group | 83713 |
| 4K9 | 930-609 | Operating Expenses | $ | 452,976 | $ | 0 | 83714 | ||||
| TOTAL GSF General Services Fund Group | $ | 452,976 | $ | 0 | 83715 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 452,976 | $ | 0 | 83716 | ||||||
| Section 203.69. CHR STATE CHIROPRACTIC BOARD | 83718 |
| General Services Fund Group | 83719 |
| 4K9 | 878-609 | Operating Expenses | $ | 605,278 | $ | 0 | 83720 | ||||
| TOTAL GSF General Services Fund | 83721 | ||||||||||
| Group | $ | 605,278 | $ | 0 | 83722 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 605,278 | $ | 0 | 83723 | ||||||
| Section 203.72. CIV OHIO CIVIL RIGHTS COMMISSION | 83725 |
| General Revenue Fund | 83726 |
| GRF | 876-321 | Operating Expenses | $ | 7,253,075 | $ | 7,470,667 | 83727 | ||||
| TOTAL GRF General Revenue Fund | $ | 7,253,075 | $ | 7,470,667 | 83728 | ||||||
| Federal Special Revenue Fund Group | 83729 |
| 334 | 876-601 | Investigations | $ | 3,760,000 | $ | 3,560,000 | 83730 | ||||
| TOTAL FED Federal Special Revenue | 83731 | ||||||||||
| Fund Group | $ | 3,760,000 | $ | 3,560,000 | 83732 | ||||||
| State Special Revenue Fund Group | 83733 |
| 217 | 876-604 | Operations Support | $ | 50,951 | $ | 50,951 | 83734 | ||||
| TOTAL SSR State Special | 83735 | ||||||||||
| Revenue Fund Group | $ | 50,951 | $ | 50,951 | 83736 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 11,064,026 | $ | 11,081,618 | 83737 | ||||||
| Section 203.75. COM DEPARTMENT OF COMMERCE | 83739 |
| General Revenue Fund | 83740 |
| GRF | 800-410 | Labor and Worker Safety | $ | 2,086,477 | $ | 2,032,397 | 83741 | ||||
| Total GRF General Revenue Fund | $ | 2,086,477 | $ | 2,032,397 | 83742 | ||||||
| General Services Fund Group | 83743 |
| 163 | 800-620 | Division of Administration | $ | 4,262,314 | $ | 4,368,037 | 83744 | ||||
| 163 | 800-637 | Information Technology | $ | 2,733,853 | $ | 2,785,045 | 83745 | ||||
| 5F1 | 800-635 | Small Government Fire Departments | $ | 250,000 | $ | 250,000 | 83746 | ||||
| 543 | 800-602 | Unclaimed Funds-Operating | $ | 7,351,051 | $ | 7,351,051 | 83747 | ||||
| 543 | 800-625 | Unclaimed Funds-Claims | $ | 52,000,000 | $ | 55,000,000 | 83748 | ||||
| TOTAL GSF General Services Fund | 83749 | ||||||||||
| Group | $ | 66,597,218 | $ | 69,754,133 | 83750 | ||||||
| Federal Special Revenue Fund Group | 83751 |
| 348 | 800-622 | Underground Storage Tanks | $ | 195,008 | $ | 195,008 | 83752 | ||||
| 348 | 800-624 | Leaking Underground Storage Tanks | $ | 1,850,000 | $ | 1,850,000 | 83753 | ||||
| TOTAL FED Federal Special Revenue | 83754 | ||||||||||
| Fund Group | $ | 2,045,008 | $ | 2,045,008 | 83755 | ||||||
| State Special Revenue Fund Group | 83756 |
| 4B2 | 800-631 | Real Estate Appraisal Recovery | $ | 35,000 | $ | 35,000 | 83757 | ||||
| 4H9 | 800-608 | Cemeteries | $ | 273,465 | $ | 273,465 | 83758 | ||||
| 4X2 | 800-619 | Financial Institutions | $ | 2,400,843 | $ | 2,400,843 | 83759 | ||||
| 5K7 | 800-621 | Penalty Enforcement | $ | 50,000 | $ | 50,000 | 83760 | ||||
| 544 | 800-612 | Banks | $ | 6,757,197 | $ | 6,759,197 | 83761 | ||||
| 545 | 800-613 | Savings Institutions | $ | 2,678,248 | $ | 2,669,774 | 83762 | ||||
| 546 | 800-610 | Fire Marshal | $ | 12,187,994 | $ | 12,292,994 | 83763 | ||||
| 546 | 800-639 | Fire Department Grants | $ | 1,647,140 | $ | 1,647,140 | 83764 | ||||
| 547 | 800-603 | Real Estate Education/Research | $ | 250,000 | $ | 250,000 | 83765 | ||||
| 548 | 800-611 | Real Estate Recovery | $ | 50,000 | $ | 50,000 | 83766 | ||||
| 549 | 800-614 | Real Estate | $ | 3,605,892 | $ | 3,605,892 | 83767 | ||||
| 550 | 800-617 | Securities | $ | 4,300,000 | $ | 4,400,000 | 83768 | ||||
| 552 | 800-604 | Credit Union | $ | 2,936,852 | $ | 2,941,852 | 83769 | ||||
| 553 | 800-607 | Consumer Finance | $ | 4,300,445 | $ | 4,300,445 | 83770 | ||||
| 556 | 800-615 | Industrial Compliance | $ | 25,037,257 | $ | 25,037,257 | 83771 | ||||
| 6A4 | 800-630 | Real Estate Appraiser-Operating | $ | 664,006 | $ | 664,006 | 83772 | ||||
| 653 | 800-629 | UST Registration/Permit Fee | $ | 1,249,632 | $ | 1,249,632 | 83773 | ||||
| TOTAL SSR State Special Revenue | 83774 | ||||||||||
| Fund Group | $ | 68,423,971 | $ | 68,627,497 | 83775 | ||||||
| Liquor Control Fund Group | 83776 |
| 043 | 800-601 | Merchandising | $ | 382,595,409 | $ | 397,839,347 | 83777 | ||||
| 043 | 800-627 | Liquor Control Operating | $ | 16,873,183 | $ | 15,981,346 | 83778 | ||||
| 043 | 800-633 | Development Assistance Debt Service | $ | 32,158,300 | $ | 39,230,000 | 83779 | ||||
| 043 | 800-636 | Revitalization Debt Service | $ | 9,740,500 | $ | 13,485,800 | 83780 | ||||
| TOTAL LCF Liquor Control | 83781 | ||||||||||
| Fund Group | $ | 441,367,392 | $ | 466,536,493 | 83782 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 580,520,066 | $ | 608,995,528 | 83783 | ||||||
| SMALL GOVERNMENT FIRE DEPARTMENTS | 83784 |
| Notwithstanding section 3737.17 of the Revised Code, the | 83785 |
| foregoing appropriation item 800-635, Small Government Fire | 83786 |
| Departments, may be used to provide loans to private fire | 83787 |
| departments. | 83788 |
| PENALTY ENFORCEMENT | 83789 |
| The foregoing appropriation item 800-621, Penalty | 83790 |
| Enforcement, shall be used to enforce sections 4115.03 to 4115.16 | 83791 |
| of the Revised Code. | 83792 |
| UNCLAIMED FUNDS PAYMENTS | 83793 |
| The foregoing appropriation item 800-625, Unclaimed | 83794 |
| Funds-Claims, shall be used to pay claims under section 169.08 of | 83795 |
| the Revised Code. If it is determined that additional amounts are | 83796 |
| necessary, the amounts are hereby appropriated. | 83797 |
| UNCLAIMED FUNDS TRANSFERS | 83798 |
| Notwithstanding division (A) of section 169.05 of the Revised | 83799 |
| Code, prior to June 30, 2006, and upon the request of the Director | 83800 |
| of Budget and Management, the Director of Commerce shall transfer | 83801 |
| to the General Revenue Fund up to $50,000,000 of unclaimed funds | 83802 |
| that have been reported by holders of unclaimed funds under | 83803 |
| section 169.05 of the Revised Code, irrespective of the allocation | 83804 |
| of the unclaimed funds under that section. | 83805 |
| Notwithstanding division (A) of section 169.05 of the Revised | 83806 |
| Code, prior to June 30, 2007, and upon the request of the Director | 83807 |
| of Budget and Management, the Director of Commerce shall transfer | 83808 |
| to the General Revenue Fund up to $50,000,000 of unclaimed funds | 83809 |
| that have been reported by holders of unclaimed funds under | 83810 |
| section 169.05 of the Revised Code, irrespective of the allocation | 83811 |
| of the unclaimed funds under that section. | 83812 |
| CASH TRANSFER TO STATE FIRE MARSHAL FUND (FUND 546) | 83813 |
| Effective July 1, 2005, or as soon thereafter as possible, | 83814 |
| the Director of Budget and Management shall transfer the cash | 83815 |
| balance in the Fire Marshal's Fireworks Training and Education | 83816 |
| Fund (Fund 4L5), which is abolished in division (B) of section | 83817 |
| 3743.57 of the Revised Code as amended by this act, to the State | 83818 |
| Fire Marshal's Fund (Fund 546), which is created in section | 83819 |
| 3737.71 of the Revised Code. The director shall cancel any | 83820 |
| existing encumbrances against appropriation item 800-609, | 83821 |
| Fireworks Training and Education, in Fund 4L5, and re-establish | 83822 |
| them against appropriation item 800-610, Fire Marshal, in Fund | 83823 |
| 546. The amounts of the re-established encumbrances are hereby | 83824 |
| appropriated. | 83825 |
| CASH TRANSFER TO BUDGET STABILIZATION FUND | 83826 |
| Notwithstanding any other law to the contrary, the Director | 83827 |
| of Budget and Management shall transfer up to $1,700,000 in cash | 83828 |
| in fiscal year 2006 and up to $1,600,000 in cash in fiscal year | 83829 |
| 2007 from the State Fire Marshal Fund (Fund 546) to the Budget | 83830 |
| Stabilization Fund. | 83831 |
| FIRE DEPARTMENT GRANTS | 83832 |
| Of the foregoing appropriation item 800-639, Fire Department | 83833 |
| Grants, up to $760,000 in each fiscal year shall be used to make | 83834 |
| annual grants to volunteer fire departments of up to $10,000, or | 83835 |
| up to $25,000 if the volunteer fire department provides service | 83836 |
| for an area affected by a natural disaster. The grant program | 83837 |
| shall be administered by the Fire Marshal under the Department of | 83838 |
| Commerce. The Fire Marshal shall adopt rules as are necessary for | 83839 |
| the administration and operation of the grant program. | 83840 |
| Of the foregoing appropriation item 800-639, Fire Department | 83841 |
| Grants, up to $687,140 in each fiscal year shall be used as full | 83842 |
| or partial reimbursement to local units of government and fire | 83843 |
| departments for the cost of firefighter training and equipment or | 83844 |
| gear. Under rules that the department shall adopt, a local unit of | 83845 |
| government or fire department may apply to the department for a | 83846 |
| grant to cover all documented costs that are incurred to provide | 83847 |
| firefighter training and equipment or gear. The department shall | 83848 |
| make grants within the limits of the funding provided, with | 83849 |
| priority given to fire departments that serve small villages and | 83850 |
| townships. | 83851 |
| Of the foregoing appropriation item 800-639, Fire Department | 83852 |
| Grants, up to $200,000 in each fiscal year shall be used to make | 83853 |
| grants to fire departments to assist in the conversion of existing | 83854 |
| data systems to the NFIRS 5 electronic fire reporting system. | 83855 |
| Under rules that the department shall adopt, awards shall have a | 83856 |
| maximum of $50,000 per fire department and shall be based on a | 83857 |
| point system that includes factors such as consideration of the | 83858 |
| fire department's information technology and operating budgets, | 83859 |
| population and area served, number of incidents, data conversion | 83860 |
| and implementation methods, and readiness. | 83861 |
| CASH TRANSFER TO REAL ESTATE OPERATING FUND | 83862 |
| At the request of the Director of Commerce, the Director of | 83863 |
| Budget and Management may transfer up to $100,000 in cash from the | 83864 |
| Real Estate Recovery Fund (Fund 548) and up to $350,000 in cash | 83865 |
| from the Real Estate Appraiser Recovery Fund (Fund 4B2) to the | 83866 |
| Real Estate Operating Fund (Fund 549) during the 2005-2007 | 83867 |
| biennium. | 83868 |
| INCREASED APPROPRIATION AUTHORITY - MERCHANDISING | 83869 |
| The foregoing appropriation item 800-601, Merchandising, | 83870 |
| shall be used under section 4301.12 of the Revised Code. If it is | 83871 |
| determined that additional amounts are necessary, the amounts are | 83872 |
| hereby appropriated. | 83873 |
| DEVELOPMENT ASSISTANCE DEBT SERVICE | 83874 |
| The foregoing appropriation item 800-633, Development | 83875 |
| Assistance Debt Service, shall be used to meet all payments at the | 83876 |
| times they are required to be made during the period from July 1, | 83877 |
| 2005, to June 30, 2007, for bond service charges on obligations | 83878 |
| issued under Chapter 166. of the Revised Code. If it is determined | 83879 |
| that additional appropriations are necessary for this purpose, | 83880 |
| such amounts are hereby appropriated, subject to the limitations | 83881 |
| set forth in section 166.11 of the Revised Code. The General | 83882 |
| Assembly acknowledges that an appropriation for this purpose is | 83883 |
| not required, but is made in this form and in this act for record | 83884 |
| purposes only. | 83885 |
| REVITALIZATION DEBT SERVICE | 83886 |
| The foregoing appropriation item 800-636, Revitalization Debt | 83887 |
| Service, shall be used to pay debt service and related financing | 83888 |
| costs under sections 151.01 and 151.40 of the Revised Code during | 83889 |
| the period from July 1, 2005, to June 30, 2007. If it is | 83890 |
| determined that additional appropriations are necessary for this | 83891 |
| purpose, such amounts are hereby appropriated. The General | 83892 |
| Assembly acknowledges the priority of the pledge of a portion of | 83893 |
| receipts from that source to obligations issued and to be issued | 83894 |
| under Chapter 166. of the Revised Code. | 83895 |
| ADMINISTRATIVE ASSESSMENTS | 83896 |
| Notwithstanding any other provision of law to the contrary, | 83897 |
| Fund 163, Division of Administration, is entitled to receive | 83898 |
| assessments from all operating funds of the department in | 83899 |
| accordance with procedures prescribed by the Director of Commerce | 83900 |
| and approved by the Director of Budget and Management. | 83901 |
| Section 203.78. OCC OFFICE OF CONSUMERS' COUNSEL | 83902 |
| General Services Fund Group | 83903 |
| 5F5 | 053-601 | Operating Expenses | $ | 7,770,000 | $ | 7,770,000 | 83904 | ||||
| TOTAL GSF General Services Fund Group | $ | 7,770,000 | $ | 7,770,000 | 83905 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 7,770,000 | $ | 7,770,000 | 83906 | ||||||
| Section 203.81. CEB CONTROLLING BOARD | 83908 |
| General Revenue Fund | 83909 |
| GRF | 911-401 | Emergency Purposes/Contingencies | $ | 5,000,000 | $ | 5,000,000 | 83910 | ||||
| GRF | 911-404 | Mandate Assistance | $ | 650,000 | $ | 650,000 | 83911 | ||||
| GRF | 911-441 | Ballot Advertising Costs | $ | 300,000 | $ | 300,000 | 83912 | ||||
| TOTAL GRF General Revenue Fund | $ | 5,950,000 | $ | 5,950,000 | 83913 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 5,950,000 | $ | 5,950,000 | 83914 | ||||||
| FEDERAL SHARE | 83915 |
| In transferring appropriations to or from appropriation items | 83916 |
| that have federal shares identified in this act, the Controlling | 83917 |
| Board shall add or subtract corresponding amounts of federal | 83918 |
| matching funds at the percentages indicated by the state and | 83919 |
| federal division of the appropriations in this act. Such changes | 83920 |
| are hereby appropriated. | 83921 |
| DISASTER ASSISTANCE | 83922 |
| Pursuant to requests submitted by the Department of Public | 83923 |
| Safety, the Controlling Board may approve transfers from | 83924 |
| appropriation item 911-401, Emergency Purposes/Contingencies, to | 83925 |
| Department of Public Safety appropriation items to provide funding | 83926 |
| for assistance to political subdivisions and individuals made | 83927 |
| necessary by natural disasters or emergencies. Such transfers may | 83928 |
| be requested and approved prior to or following the occurrence of | 83929 |
| any specific natural disasters or emergencies in order to | 83930 |
| facilitate the provision of timely assistance. | 83931 |
| DISASTER SERVICES | 83932 |
| Pursuant to requests submitted by the Department of Public | 83933 |
| Safety, the Controlling Board may approve transfers from the | 83934 |
| Disaster Services Fund (5E2) to a Department of Public Safety | 83935 |
| General Revenue Fund appropriation item to provide for assistance | 83936 |
| to political subdivisions made necessary by natural disasters or | 83937 |
| emergencies. These transfers may be requested and approved prior | 83938 |
| to the occurrence of any specific natural disasters or emergencies | 83939 |
| in order to facilitate the provision of timely assistance. The | 83940 |
| Emergency Management Agency of the Department of Public Safety | 83941 |
| shall use the funding for disaster aid requests that meet the | 83942 |
| Emergency Management Agency's criteria for assistance. | 83943 |
| The Disaster Services Fund (5E2) shall be used by the | 83944 |
| Controlling Board, pursuant to requests submitted by state | 83945 |
| agencies, to transfer cash and appropriation authority to any fund | 83946 |
| and appropriation item for the payment of state agency program | 83947 |
| expenses as follows: | 83948 |
| (A) The Southern Ohio flooding, referred to as | 83949 |
| FEMA-DR-1164-OH; | 83950 |
| (B) The flood and storm disaster referred to as | 83951 |
| FEMA-DR-1227-OH; | 83952 |
| (C) The Southern Ohio flooding, referred to as | 83953 |
| FEMA-DR-1321-OH; | 83954 |
| (D) The flooding referred to as FEMA-DR-1339-OH; | 83955 |
| (E) The tornado and storms referred to as FEMA-DR-1343-OH; | 83956 |
| (F) Other disasters declared by the Governor, if the Director | 83957 |
| of Budget and Management determines that sufficient funds exist | 83958 |
| beyond the expected program costs of these other disasters. | 83959 |
| The unencumbered balance of the Disaster Services Fund (5E2) | 83960 |
| at the end of fiscal year 2006 is transferred to fiscal year 2007 | 83961 |
| for use for the same purposes as in fiscal year 2006. | 83962 |
| SOUTHERN OHIO CORRECTIONAL FACILITY COST | 83963 |
| The Division of Criminal Justice Services in the Department | 83964 |
| of Public Safety and the Public Defender Commission may each | 83965 |
| request, upon approval of the Director of Budget and Management, | 83966 |
| additional funds from appropriation item 911-401, Emergency | 83967 |
| Purposes/Contingencies, for costs related to the disturbance that | 83968 |
| occurred on April 11, 1993, at the Southern Ohio Correctional | 83969 |
| Facility in Lucasville, Ohio. | 83970 |
| MANDATE ASSISTANCE | 83971 |
| (A) The foregoing appropriation item 911-404, Mandate | 83972 |
| Assistance, shall be used to provide financial assistance to local | 83973 |
| units of government and school districts for the cost of the | 83974 |
| following two unfunded state mandates: | 83975 |
| (1) The cost to county prosecutors for prosecuting certain | 83976 |
| felonies that occur on the grounds of state institutions operated | 83977 |
| by the Department of Rehabilitation and Correction and the | 83978 |
| Department of Youth Services; | 83979 |
| (2) The cost to school districts of in-service training for | 83980 |
| child abuse detection. | 83981 |
| (B) The Division of Criminal Justice Services in the | 83982 |
| Department of Public Safety and the Department of Education may | 83983 |
| prepare and submit to the Controlling Board one or more requests | 83984 |
| to transfer appropriations from appropriation item 911-404, | 83985 |
| Mandate Assistance. The state agencies charged with this | 83986 |
| administrative responsibility are listed below, as well as the | 83987 |
| estimated annual amounts that may be used for each program of | 83988 |
| state financial assistance. | 83989 |
| ADMINISTERING | ESTIMATED ANNUAL | 83990 | ||||
| PROGRAM | AGENCY | AMOUNT | 83991 |
| Prosecution Costs | Division of Criminal | $150,000 | 83992 | |||
| Justice Services | 83993 | |||||
| Child Abuse Detection Training Costs | Department of Education | $500,000 | 83994 |
| (C) Subject to the total amount appropriated in each fiscal | 83995 |
| year for appropriation item 911-404, Mandate Assistance, the | 83996 |
| Division of Criminal Justice Services in the Department of Public | 83997 |
| Safety and the Department of Education may request from the | 83998 |
| Controlling Board that amounts smaller or larger than these | 83999 |
| estimated annual amounts be transferred to each program. | 84000 |
| (D) In addition to making the initial transfers requested by | 84001 |
| the Division of Criminal Justice Services in the Department of | 84002 |
| Public Safety and the Department of Education, the Controlling | 84003 |
| Board may transfer appropriations received by a state agency under | 84004 |
| this section back to appropriation item 911-404, Mandate | 84005 |
| Assistance, or to the other program of state financial assistance | 84006 |
| identified under this section. | 84007 |
| (E) It is expected that not all costs incurred by local units | 84008 |
| of government and school districts under each of the two programs | 84009 |
| of state financial assistance identified in this section will be | 84010 |
| fully reimbursed by the state. Reimbursement levels may vary by | 84011 |
| program and shall be based on: the relationship between the | 84012 |
| appropriation transfers requested by the Division of Criminal | 84013 |
| Justice Services in the Department of Public Safety and the | 84014 |
| Department of Education and provided by the Controlling Board for | 84015 |
| each of the programs; the rules and procedures established for | 84016 |
| each program by the administering state agency; and the actual | 84017 |
| costs incurred by local units of government and school districts. | 84018 |
| (F) Each of these programs of state financial assistance | 84019 |
| shall be carried out as follows: | 84020 |
| (1) PROSECUTION COSTS | 84021 |
| (a) Appropriations may be transferred to the Division of | 84022 |
| Criminal Justice Services in the Department of Public Safety to | 84023 |
| cover local prosecution costs for aggravated murder, murder, | 84024 |
| felonies of the first degree, and felonies of the second degree | 84025 |
| that occur on the grounds of institutions operated by the | 84026 |
| Department of Rehabilitation and Correction and the Department of | 84027 |
| Youth Services. | 84028 |
| (b) Upon a delinquency filing in juvenile court or the return | 84029 |
| of an indictment for aggravated murder, murder, or any felony of | 84030 |
| the first or second degree that was committed at a Department of | 84031 |
| Youth Services or a Department of Rehabilitation and Correction | 84032 |
| institution, the affected county may, in accordance with rules | 84033 |
| that the Division of Criminal Justice Services in the Department | 84034 |
| of Public Safety shall adopt, apply to the Division of Criminal | 84035 |
| Justice Services for a grant to cover all documented costs that | 84036 |
| are incurred by the county prosecutor's office. | 84037 |
| (c) Twice each year, the Division of Criminal Justice | 84038 |
| Services in the Department of Public Safety shall designate | 84039 |
| counties to receive grants from those counties that have submitted | 84040 |
| one or more applications in compliance with the rules that have | 84041 |
| been adopted by the Division of Criminal Justice Services for the | 84042 |
| receipt of such grants. In each year's first round of grant | 84043 |
| awards, if sufficient appropriations have been made, up to a total | 84044 |
| of $100,000 may be awarded. In each year's second round of grant | 84045 |
| awards, the remaining appropriations available for this purpose | 84046 |
| may be awarded. | 84047 |
| (d) If for a given round of grants there are insufficient | 84048 |
| appropriations to make grant awards to all the eligible counties, | 84049 |
| the first priority shall be given to counties with cases involving | 84050 |
| aggravated murder and murder; second priority shall be given to | 84051 |
| counties with cases involving a felony of the first degree; and | 84052 |
| third priority shall be given to counties with cases involving a | 84053 |
| felony of the second degree. Within these priorities, the grant | 84054 |
| awards shall be based on the order in which the applications were | 84055 |
| received, except that applications for cases involving a felony of | 84056 |
| the first or second degree shall not be considered in more than | 84057 |
| two consecutive rounds of grant awards. | 84058 |
| (2) CHILD ABUSE DETECTION TRAINING COSTS | 84059 |
| Appropriations may be transferred to the Department of | 84060 |
| Education for disbursement to local school districts as full or | 84061 |
| partial reimbursement for the cost of providing in-service | 84062 |
| training for child abuse detection. In accordance with rules that | 84063 |
| the department shall adopt, a local school district may apply to | 84064 |
| the department for a grant to cover all documented costs that are | 84065 |
| incurred to provide in-service training for child abuse detection. | 84066 |
| The department shall make grants within the limits of the funding | 84067 |
| provided. | 84068 |
| (G) Any moneys allocated within appropriation item 911-404, | 84069 |
| Mandate Assistance, not fully utilized may, upon application of | 84070 |
| the Ohio Public Defender Commission, and with the approval of the | 84071 |
| Controlling Board, be disbursed to boards of county commissioners | 84072 |
| to provide additional reimbursement for the costs incurred by | 84073 |
| counties in providing defense to indigent defendants pursuant to | 84074 |
| Chapter 120. of the Revised Code. Application for the unutilized | 84075 |
| funds shall be made by the Ohio Public Defender Commission at the | 84076 |
| first June meeting of the Controlling Board. | 84077 |
| The amount to be disbursed to each county shall be allocated | 84078 |
| proportionately on the basis of the total amount of reimbursement | 84079 |
| paid to each county as a percentage of the amount of reimbursement | 84080 |
| paid to all of the counties during the most recent state fiscal | 84081 |
| year for which data is available and as calculated by the Ohio | 84082 |
| Public Defender Commission. | 84083 |
| BALLOT ADVERTISING COSTS | 84084 |
| Pursuant to requests submitted by the Ohio Ballot Board, the | 84085 |
| Controlling Board shall approve transfers from the foregoing | 84086 |
| appropriation item 911-441, Ballot Advertising Costs, to an Ohio | 84087 |
| Ballot Board appropriation item in order to reimburse county | 84088 |
| boards of elections for the cost of public notices associated with | 84089 |
| statewide ballot initiatives. | 84090 |
| Section 203.84. COS STATE BOARD OF COSMETOLOGY | 84091 |
| General Services Fund Group | 84092 |
| 4K9 | 879-609 | Operating Expenses | $ | 2,929,630 | $ | 0 | 84093 | ||||
| TOTAL GSF General Services Fund | 84094 | ||||||||||
| Group | $ | 2,929,630 | $ | 0 | 84095 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,929,630 | $ | 0 | 84096 | ||||||
| Section 203.87. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE | 84098 |
| AND FAMILY THERAPIST BOARD | 84099 |
| General Services Fund Group | 84100 |
| 4K9 | 899-609 | Operating Expenses | $ | 1,058,445 | $ | 0 | 84101 | ||||
| TOTAL GSF General Services Fund | 84102 | ||||||||||
| Group | $ | 1,058,445 | $ | 0 | 84103 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,058,445 | $ | 0 | 84104 | ||||||
| Section 203.90. CLA COURT OF CLAIMS | 84106 |
| General Revenue Fund | 84107 |
| GRF | 015-321 | Operating Expenses | $ | 2,598,040 | $ | 2,678,331 | 84108 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,598,040 | $ | 2,678,331 | 84109 | ||||||
| State Special Revenue Fund Group | 84110 |
| 5K2 | 015-603 | CLA Victims of Crime | $ | 1,582,684 | $ | 1,582,684 | 84111 | ||||
| TOTAL SSR State Special Revenue | 84112 | ||||||||||
| Fund Group | $ | 1,582,684 | $ | 1,582,684 | 84113 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 4,180,724 | $ | 4,261,015 | 84114 | ||||||
| Section 203.91. AFC OHIO CULTURAL FACILITIES COMMISSION | 84116 |
| General Revenue Fund | 84117 |
| GRF | 371-321 | Operating Expenses | $ | 198,406 | $ | 195,707 | 84118 | ||||
| GRF | 371-401 | Lease Rental Payments | $ | 38,126,600 | $ | 38,246,500 | 84119 | ||||
| TOTAL GRF General Revenue Fund | $ | 38,325,006 | $ | 38,442,207 | 84120 | ||||||
| State Special Revenue Fund Group | 84121 |
| 4T8 | 371-601 | Riffe Theatre Equipment Maintenance | $ | 81,000 | $ | 81,000 | 84122 | ||||
| 4T8 | 371-603 | Project Administration | $ | 920,448 | $ | 983,295 | 84123 | ||||
| TOTAL SSR State Special Revenue Group | $ | 1,001,448 | $ | 1,064,295 | 84124 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 39,326,454 | $ | 39,506,502 | 84125 | ||||||
| LEASE RENTAL PAYMENTS | 84126 |
| The foregoing appropriation item 371-401, Lease Rental | 84127 |
| Payments, shall be used for payments to the Ohio Building | 84128 |
| Authority and the Treasurer of State for the period from July 1, | 84129 |
| 2005, to June 30, 2007, under the primary leases and agreements | 84130 |
| for those arts and sports facilities made under Chapters 152. and | 84131 |
| 154. of the Revised Code, but limited to the aggregate amount of | 84132 |
| $76,373,100. This appropriation is the source of funds pledged for | 84133 |
| bond service charges on related obligations issued pursuant to | 84134 |
| Chapter 152. of the Revised Code. | 84135 |
| OPERATING EXPENSES | 84136 |
| The foregoing appropriation item 371-321, Operating Expenses, | 84137 |
| shall be used by the Ohio Cultural Facilities Commission to carry | 84138 |
| out its responsibilities under this section and Chapter 3383. of | 84139 |
| the Revised Code. | 84140 |
| By July 10, 2005, or as soon as possible thereafter, the | 84141 |
| Director of Budget and Management shall determine the amount of | 84142 |
| cash from interest earnings to be transferred from the Ohio | 84143 |
| Cultural Facilities Building Fund (Fund 030) to the AFC | 84144 |
| Administration Fund (Fund 4T8). | 84145 |
| By July 10, 2006, or as soon as possible thereafter, the | 84146 |
| Director of Budget and Management shall determine the amount of | 84147 |
| cash from interest earnings to be transferred from the Ohio | 84148 |
| Cultural Facilities Building Fund (Fund 030) to the AFC | 84149 |
| Administration Fund (Fund 4T8). | 84150 |
| As soon as possible after each bond issuance made on behalf | 84151 |
| of the Cultural Facilities Commission, the Director of Budget and | 84152 |
| Management shall determine the amount of cash from the premium | 84153 |
| paid on each issuance to be transferred from the Ohio Cultural and | 84154 |
| Sports Facilities Building Fund (Fund 030) to the AFC | 84155 |
| Administration Fund (Fund 4T8). | 84156 |
| Section 203.93. DEN STATE DENTAL BOARD | 84157 |
| General Services Fund Group | 84158 |
| 4K9 | 880-609 | Operating Expenses | $ | 1,424,791 | $ | 1,424,791 | 84159 | ||||
| TOTAL GSF General Services Fund | 84160 | ||||||||||
| Group | $ | 1,424,791 | $ | 1,424,791 | 84161 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,424,791 | $ | 1,424,791 | 84162 | ||||||
| Section 203.96. BDP BOARD OF DEPOSIT | 84164 |
| General Services Fund Group | 84165 |
| 4M2 | 974-601 | Board of Deposit | $ | 1,676,000 | $ | 1,676,000 | 84166 | ||||
| TOTAL GSF General Services Fund | 84167 | ||||||||||
| Group | $ | 1,676,000 | $ | 1,676,000 | 84168 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,676,000 | $ | 1,676,000 | 84169 | ||||||
| BOARD OF DEPOSIT EXPENSE FUND | 84170 |
| Upon receiving certification of expenses from the Treasurer | 84171 |
| of State, the Director of Budget and Management shall transfer | 84172 |
| cash from the Investment Earnings Redistribution Fund (Fund 608) | 84173 |
| to the Board of Deposit Expense Fund (Fund 4M2). The latter fund | 84174 |
| shall be used to pay for banking charges and fees required for the | 84175 |
| operation of the State of Ohio Regular Account. | 84176 |
| Section 203.99. DEV DEPARTMENT OF DEVELOPMENT | 84177 |
| General Revenue Fund | 84178 |
| GRF | 195-321 | Operating Expenses | $ | 2,688,908 | $ | 2,688,908 | 84179 | ||||
| GRF | 195-401 | Thomas Edison Program | $ | 15,554,838 | $ | 15,454,838 | 84180 | ||||
| GRF | 195-404 | Small Business Development | $ | 1,740,722 | $ | 1,740,722 | 84181 | ||||
| GRF | 195-405 | Minority Business Development Division | $ | 1,580,291 | $ | 1,580,291 | 84182 | ||||
| GRF | 195-407 | Travel and Tourism | $ | 6,812,845 | $ | 6,712,845 | 84183 | ||||
| GRF | 195-410 | Defense Conversion Assistance | $ | 300,000 | $ | 200,000 | 84184 | ||||
| GRF | 195-412 | Business Development Grants | $ | 10,000,000 | $ | 10,000,000 | 84185 | ||||
| GRF | 195-415 | Economic Development Division and Regional Offices | $ | 5,794,975 | $ | 5,894,975 | 84186 | ||||
| GRF | 195-416 | Governor's Office of Appalachia | $ | 4,122,372 | $ | 4,122,372 | 84187 | ||||
| GRF | 195-422 | Third Frontier Action Fund | $ | 16,790,000 | $ | 16,790,000 | 84188 | ||||
| GRF | 195-426 | Clean Ohio Implementation | $ | 300,000 | $ | 300,000 | 84189 | ||||
| GRF | 195-432 | International Trade | $ | 4,223,787 | $ | 4,223,787 | 84190 | ||||
| GRF | 195-434 | Investment in Training Grants | $ | 12,227,500 | $ | 12,227,500 | 84191 | ||||
| GRF | 195-436 | Labor/Management Cooperation | $ | 811,869 | $ | 811,869 | 84192 | ||||
| GRF | 195-497 | CDBG Operating Match | $ | 1,040,956 | $ | 1,040,956 | 84193 | ||||
| GRF | 195-498 | State Match Energy | $ | 94,000 | $ | 94,000 | 84194 | ||||
| GRF | 195-501 | Appalachian Local Development Districts | $ | 380,080 | $ | 380,080 | 84195 | ||||
| GRF | 195-502 | Appalachian Regional Commission Dues | $ | 246,803 | $ | 246,803 | 84196 | ||||
| GRF | 195-507 | Travel and Tourism Grants | $ | 1,282,500 | $ | 1,157,500 | 84197 | ||||
| GRF | 195-515 | Economic Development Contingency | $ | 10,000,000 | $ | 0 | 84198 | ||||
| GRF | 195-905 | Third Frontier Research & Commercialization General Obligation Debt Service | $ | 0 | $ | 13,910,000 | 84199 | ||||
| TOTAL GRF General Revenue Fund | $ | 95,992,446 | $ | 99,577,446 | 84200 | ||||||
| General Services Fund Group | 84201 |
| 135 | 195-605 | Supportive Services | $ | 7,450,000 | $ | 7,539,686 | 84202 | ||||
| 5AD | 195-667 | Investment in Training Expansion | $ | 5,000,000 | $ | 5,000,000 | 84203 | ||||
| 5AD | 195-668 | Worker Guarantee Program | $ | 3,000,000 | $ | 3,000,000 | 84204 | ||||
| 5AD | 195-677 | Economic Development Contingency | $ | 0 | $ | 10,000,000 | 84205 | ||||
| 685 | 195-636 | General Reimbursements | $ | 1,000,000 | $ | 1,000,000 | 84206 | ||||
| TOTAL GSF General Services Fund | 84207 | ||||||||||
| Group | $ | 16,450,000 | $ | 26,539,686 | 84208 | ||||||
| Federal Special Revenue Fund Group | 84209 |
| 3AE | 195-643 | Workforce Development Initiatives | $ | 5,800,000 | $ | 5,800,000 | 84210 | ||||
| 3K8 | 195-613 | Community Development Block Grant | $ | 65,000,000 | $ | 65,000,000 | 84211 | ||||
| 3K9 | 195-611 | Home Energy Assistance Block Grant | $ | 90,500,000 | $ | 90,500,000 | 84212 | ||||
| 3K9 | 195-614 | HEAP Weatherization | $ | 16,219,478 | $ | 16,219,478 | 84213 | ||||
| 3L0 | 195-612 | Community Services Block Grant | $ | 25,235,000 | $ | 25,235,000 | 84214 | ||||
| 3V1 | 195-601 | HOME Program | $ | 40,000,000 | $ | 40,000,000 | 84215 | ||||
| 308 | 195-602 | Appalachian Regional Commission | $ | 600,660 | $ | 600,660 | 84216 | ||||
| 308 | 195-603 | Housing and Urban Development | $ | 5,000,000 | $ | 5,000,000 | 84217 | ||||
| 308 | 195-605 | Federal Projects | $ | 15,300,249 | $ | 15,300,249 | 84218 | ||||
| 308 | 195-609 | Small Business Administration | $ | 4,296,381 | $ | 4,296,381 | 84219 | ||||
| 308 | 195-618 | Energy Federal Grants | $ | 3,397,659 | $ | 3,397,659 | 84220 | ||||
| 335 | 195-610 | Oil Overcharge | $ | 3,000,000 | $ | 3,000,000 | 84221 | ||||
| TOTAL FED Federal Special Revenue | 84222 | ||||||||||
| Fund Group | $ | 274,349,427 | $ | 274,349,427 | 84223 | ||||||
| State Special Revenue Fund Group | 84224 |
| 4F2 | 195-639 | State Special Projects | $ | 290,183 | $ | 290,183 | 84225 | ||||
| 4F2 | 195-676 | Promote Ohio | $ | 4,978,210 | $ | 4,978,210 | 84226 | ||||
| 4S0 | 195-630 | Enterprise Zone Operating | $ | 275,000 | $ | 275,000 | 84227 | ||||
| 4S1 | 195-634 | Job Creation Tax Credit Operating | $ | 375,800 | $ | 375,800 | 84228 | ||||
| 4W1 | 195-646 | Minority Business Enterprise Loan | $ | 2,580,597 | $ | 2,580,597 | 84229 | ||||
| 444 | 195-607 | Water and Sewer Commission Loans | $ | 523,775 | $ | 523,775 | 84230 | ||||
| 450 | 195-624 | Minority Business Bonding Program Administration | $ | 53,967 | $ | 53,967 | 84231 | ||||
| 451 | 195-625 | Economic Development Financing Operating | $ | 2,358,311 | $ | 2,358,311 | 84232 | ||||
| 5CA | 195-678 | Shovel Ready Sites | $ | 5,000,000 | $ | 5,000,000 | 84233 | ||||
| 5CG | 195-679 | Alternative Fuel Transportation | $ | 150,000 | $ | 150,000 | 84234 | ||||
| XXX | 195-XXX | Defense Conversion Assistance | $ | 1,000,000 | $ | 0 | 84235 | ||||
| 5M4 | 195-659 | Universal Service | $ | 210,000,000 | $ | 210,000,000 | 84236 | ||||
| 5M5 | 195-660 | Energy Efficiency Loan and Grant | $ | 12,000,000 | $ | 12,000,000 | 84237 | ||||
| 5X1 | 195-651 | Exempt Facility Inspection | $ | 25,000 | $ | 25,000 | 84238 | ||||
| 611 | 195-631 | Water and Sewer Administration | $ | 15,713 | $ | 15,713 | 84239 | ||||
| 617 | 195-654 | Volume Cap Administration | $ | 200,000 | $ | 200,000 | 84240 | ||||
| 646 | 195-638 | Low- and Moderate- Income Housing Trust Fund | $ | 53,000,000 | $ | 53,000,000 | 84241 | ||||
| TOTAL SSR State Special Revenue | 84242 | ||||||||||
| Fund Group | $ | 292,826,556 | $ | 291,826,556 | 84243 | ||||||
| Facilities Establishment Fund Group | 84244 |
| 009 | 195-664 | Innovation Ohio | $ | 50,000,000 | $ | 50,000,000 | 84245 | ||||
| 010 | 195-665 | Research and Development | $ | 50,000,000 | $ | 50,000,000 | 84246 | ||||
| 037 | 195-615 | Facilities Establishment | $ | 63,931,149 | $ | 63,931,149 | 84247 | ||||
| 4Z6 | 195-647 | Rural Industrial Park Loan | $ | 3,000,000 | $ | 3,000,000 | 84248 | ||||
| 5D2 | 195-650 | Urban Redevelopment Loans | $ | 5,475,000 | $ | 5,475,000 | 84249 | ||||
| 5H1 | 195-652 | Family Farm Loan Guarantee | $ | 1,000,000 | $ | 1,000,000 | 84250 | ||||
| 5S8 | 195-627 | Rural Development Initiative | $ | 3,000,000 | $ | 3,000,000 | 84251 | ||||
| 5S9 | 195-628 | Capital Access Loan Program | $ | 3,000,000 | $ | 3,000,000 | 84252 | ||||
| TOTAL 037 Facilities | 84253 | ||||||||||
| Establishment Fund Group | $ | 179,406,149 | $ | 179,406,149 | 84254 | ||||||
| Clean Ohio Revitalization Fund | 84255 |
| 003 | 195-663 | Clean Ohio Operating | $ | 350,000 | $ | 350,000 | 84256 | ||||
| TOTAL 003 Clean Ohio Revitalization Fund | $ | 350,000 | $ | 350,000 | 84257 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 859,374,578 | $ | 872,049,264 | 84258 |
| Section 203.99.03. THOMAS EDISON PROGRAM | 84260 |
| The foregoing appropriation item 195-401, Thomas Edison | 84261 |
| Program, shall be used for the purposes of sections 122.28 to | 84262 |
| 122.38 of the Revised Code in order to provide funds for | 84263 |
| cooperative public and private efforts in technological innovation | 84264 |
| to promote the development and transfer of technology by and to | 84265 |
| Ohio businesses that will lead to the creation of jobs, and to | 84266 |
| provide for the administration of the program by the Technology | 84267 |
| Division. | 84268 |
| Of the foregoing appropriation item 195-401, Thomas Edison | 84269 |
| Program, not more than $2,000,000 in fiscal year 2006 and | 84270 |
| $2,300,000 in fiscal year 2007 shall be used for operating | 84271 |
| expenditures in administering the programs of the Technology | 84272 |
| Division. | 84273 |
| The Department of Development, in consultation with the Third | 84274 |
| Frontier Commission, shall develop a plan providing for | 84275 |
| appropriate, value-added participation of Edison Centers and | 84276 |
| Incubators in Third Frontier Project proposals and grants. | 84277 |
| The Department of Development shall work with Edison Centers | 84278 |
| and Incubators and the Third Frontier Network, when appropriate, | 84279 |
| to provide for Third Frontier Network connections to Edison | 84280 |
| Centers and Incubators and their tenants and, as appropriate, | 84281 |
| clients. | 84282 |
| Of the foregoing appropriation item 195-401, Thomas Edison | 84283 |
| Program, $100,000 in fiscal year 2006 shall be used for technology | 84284 |
| recruitment, development, and construction. | 84285 |
| Section 203.99.06. SMALL BUSINESS DEVELOPMENT | 84286 |
| The foregoing appropriation item 195-404, Small Business | 84287 |
| Development, shall be used to ensure that the unique needs and | 84288 |
| concerns of small businesses are addressed. | 84289 |
| The foregoing appropriation item 195-404, Small Business | 84290 |
| Development, may be used to provide grants to local organizations | 84291 |
| to support the operation of Small Business Development Centers and | 84292 |
| other local economic development activity promoting small | 84293 |
| business, and for the cost of administering the small business | 84294 |
| development center program. The centers shall provide technical, | 84295 |
| financial, and management consultation for small business and | 84296 |
| shall facilitate access to state and federal programs. These funds | 84297 |
| shall be used as matching funds for grants from the United States | 84298 |
| Small Business Administration and other federal agencies, pursuant | 84299 |
| to Public Law No. 96-302 (1980) as amended by Public Law No. | 84300 |
| 98-395 (1984), and regulations and policy guidelines for the | 84301 |
| programs under this law. | 84302 |
| In addition, the Office of Small Business may operate the | 84303 |
| 1st-Stop Business Connection and implement and coordinate the | 84304 |
| duties imposed on the Department of Development by Am. Sub. S.B. | 84305 |
| 239 of the 115th General Assembly. | 84306 |
| MINORITY BUSINESS DEVELOPMENT DIVISION | 84307 |
| Of the foregoing appropriation item 195-405, Minority | 84308 |
| Business Development Division, up to $1,060,000 but not less than | 84309 |
| $954,000 in each fiscal year shall be used to fund minority | 84310 |
| contractors and business assistance organizations. The Minority | 84311 |
| Business Development Division shall determine which cities need | 84312 |
| minority contractors and business assistance organizations by | 84313 |
| utilizing United States Census Bureau data and zip codes to locate | 84314 |
| the highest concentrations of minority businesses. The Minority | 84315 |
| Business Development Division also shall determine the numbers of | 84316 |
| minority contractors and business assistance organizations | 84317 |
| necessary and the amount of funding to be provided each. In | 84318 |
| addition, the Minority Business Development Division shall | 84319 |
| continue to plan and implement business conferences. | 84320 |
| Section 203.99.09. BUSINESS DEVELOPMENT | 84321 |
| The foregoing appropriation item 195-412, Business | 84322 |
| Development Grants, shall be used as an incentive for attracting | 84323 |
| and retaining business opportunities for the state. Any such | 84324 |
| business opportunity, whether new, expanding, or relocating in | 84325 |
| Ohio, is eligible for funding. The project must create or retain a | 84326 |
| significant number of jobs for Ohioans. Grant awards may be | 84327 |
| considered only when (1) the project's viability hinges on an | 84328 |
| award of funds from appropriation item 195-412, Business | 84329 |
| Development Grants; (2) all other public or private sources of | 84330 |
| financing have been considered; or (3) the funds act as a catalyst | 84331 |
| for the infusion into the project of other financing sources. | 84332 |
| The department's primary goal shall be to award funds to | 84333 |
| political subdivisions of the state for off-site infrastructure | 84334 |
| improvements. In order to meet the particular needs of economic | 84335 |
| development in a region, the department may elect to award funds | 84336 |
| directly to a business for on-site infrastructure improvements. | 84337 |
| "Infrastructure improvements" mean improvements to water system | 84338 |
| facilities, sewer and sewage treatment facilities, electric or gas | 84339 |
| service facilities, fiber optic facilities, rail facilities, site | 84340 |
| preparation, and parking facilities. The Director of Development | 84341 |
| may recommend the funds be used in an alternative manner when | 84342 |
| considered appropriate to meet an extraordinary economic | 84343 |
| development opportunity or need. | 84344 |
| The foregoing appropriation item 195-412, Business | 84345 |
| Development Grants, may be expended only after the submission of a | 84346 |
| request to the Controlling Board by the Department of Development | 84347 |
| outlining the planned use of the funds, and the subsequent | 84348 |
| approval of the request by the Controlling Board. | 84349 |
| The foregoing appropriation item 195-412, Business | 84350 |
| Development Grants, may be used for, but is not limited to, | 84351 |
| construction, rehabilitation, and acquisition projects for rail | 84352 |
| freight assistance as requested by the Department of | 84353 |
| Transportation. The Director of Transportation shall submit the | 84354 |
| proposed projects to the Director of Development for an evaluation | 84355 |
| of potential economic benefit. | 84356 |
| Section 203.99.12. ECONOMIC DEVELOPMENT DIVISION AND REGIONAL | 84357 |
| OFFICES | 84358 |
| The foregoing appropriation item 195-415, Economic | 84359 |
| Development Division and Regional Offices, shall be used for the | 84360 |
| operating expenses of the Economic Development Division and the | 84361 |
| regional economic development offices and for grants for | 84362 |
| cooperative economic development ventures. | 84363 |
| Section 203.99.15. GOVERNOR'S OFFICE OF APPALACHIA | 84364 |
| The foregoing appropriation item 195-416, Governor's Office | 84365 |
| of Appalachia, shall be used for the administrative costs of | 84366 |
| planning and liaison activities for the Governor's Office of | 84367 |
| Appalachia. Funds not expended for planning and liaison activities | 84368 |
| may be expended for special project grants within the Appalachian | 84369 |
| Region. | 84370 |
| Of the foregoing appropriation item 195-416, Governor's | 84371 |
| Office of Appalachia, up to $250,000 each fiscal year shall be | 84372 |
| used to match federal funds from the Appalachian Regional | 84373 |
| Commission to provide job training to impact the Appalachian | 84374 |
| Region. | 84375 |
| Of the foregoing appropriation item 195-416, Governor's | 84376 |
| Office of Appalachia, up to $4,122,372 in each fiscal year shall | 84377 |
| be used in conjunction with other federal and state funds to | 84378 |
| provide financial assistance to projects in Ohio's Appalachian | 84379 |
| counties in order to further the goals of the Appalachian Regional | 84380 |
| Commission. The projects and project sponsors shall meet | 84381 |
| Appalachian Regional Commission eligibility requirements. Grants | 84382 |
| shall be administered by the Department of Development. | 84383 |
| Section 203.99.18. THIRD FRONTIER ACTION FUND | 84384 |
| The foregoing appropriation item 195-422, Third Frontier | 84385 |
| Action Fund, shall be used to make grants under sections 184.01 | 84386 |
| and 184.02 of the Revised Code. Prior to the release of funds from | 84387 |
| appropriation item 195-422, Third Frontier Action Fund, each grant | 84388 |
| award shall be recommended for funding by the Third Frontier | 84389 |
| Commission and obtain approval from the Controlling Board. | 84390 |
| Of the foregoing appropriation item 195-422, Third Frontier | 84391 |
| Action Fund, not more than six per cent in each fiscal year shall | 84392 |
| be used for operating expenditures in administering the program. | 84393 |
| In addition to the six per cent for operating expenditures, | 84394 |
| an additional administrative amount, not to exceed $1,500,000 | 84395 |
| within the biennium, shall be available for proposal evaluation, | 84396 |
| research and analyses, and marketing efforts considered necessary | 84397 |
| to receive and disseminate information about science and | 84398 |
| technology-related opportunities in the state. | 84399 |
| SCIENCE AND TECHNOLOGY COLLABORATION | 84400 |
| The Department of Development shall work in close | 84401 |
| collaboration with the Board of Regents, the Air Quality | 84402 |
| Development Authority, and the Third Frontier Commission in | 84403 |
| relation to appropriation items and programs referred to as | 84404 |
| Alignment Programs in the following paragraph, and other | 84405 |
| technology-related appropriations and programs in the Department | 84406 |
| of Development, Air Quality Development Authority, and the Board | 84407 |
| of Regents as these agencies may designate, to ensure | 84408 |
| implementation of a coherent state strategy with respect to | 84409 |
| science and technology. | 84410 |
| "Alignment Programs" means appropriation items 195-401, | 84411 |
| Thomas Edison Program; 898-402, Coal Development Office; 195-422, | 84412 |
| Third Frontier Action Fund; 898-604, Coal Research and Development | 84413 |
| Fund; 235-433, Economic Growth Challenge; 235-508, Air Force | 84414 |
| Institute of Technology; 235-510, Ohio Supercomputer Center; | 84415 |
| 235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute; | 84416 |
| 235-535, Ohio Agricultural Research and Development Center; | 84417 |
| 235-553, Dayton Area Graduate Studies Institute; 235-554, | 84418 |
| Priorities in Collaborative Graduate Education; 235-556, Ohio | 84419 |
| Academic Resources Network; and 195-435, Biomedical Research and | 84420 |
| Technology Transfer Trust. | 84421 |
| Consistent with the recommendations of the Governor's | 84422 |
| Commission on Higher Education and the Economy, Alignment Programs | 84423 |
| shall be managed and administered in accordance with the following | 84424 |
| objectives: (1) to build on existing competitive research | 84425 |
| strengths; (2) to encourage new and emerging discoveries and | 84426 |
| commercialization of products and ideas that will benefit the Ohio | 84427 |
| economy; (3) and to assure improved collaboration among Alignment | 84428 |
| Programs with programs administered by the Third Frontier | 84429 |
| Commission and with other state programs that are intended to | 84430 |
| improve economic growth and job creation. As directed by the Third | 84431 |
| Frontier Commission, Alignment Program managers shall report to | 84432 |
| the Commission or the Third Frontier Advisory Board regarding the | 84433 |
| contributions of their programs to achieving these objectives. | 84434 |
| Each Alignment Program shall be reviewed annually by the | 84435 |
| Third Frontier Commission with respect to its development of | 84436 |
| complementary relationships within a combined state science and | 84437 |
| technology investment portfolio, and with respect to its overall | 84438 |
| contribution to the state's science and technology strategy, | 84439 |
| including the adoption of appropriately consistent criteria for: | 84440 |
| (1) the scientific merit of activities supported by the program; | 84441 |
| (2) the relevance of the program's activities to commercial | 84442 |
| opportunities in the private sector; (3) the private sector's | 84443 |
| involvement in a process that continually evaluates commercial | 84444 |
| opportunities to use the work supported by the program; and (4) | 84445 |
| the ability of the program and recipients of grant funding from | 84446 |
| the program to engage in activities that are collaborative, | 84447 |
| complementary, and efficient with respect to the expenditures of | 84448 |
| state funds. Each Alignment Program shall provide an annual report | 84449 |
| to the Third Frontier Commission that discusses existing, planned, | 84450 |
| or possible collaborations between programs and between recipients | 84451 |
| of grant funding related to technology, development, | 84452 |
| commercialization, and the support of Ohio's economic development. | 84453 |
| The annual review conducted by the Third Frontier Commission shall | 84454 |
| be a comprehensive review of the entire state science and | 84455 |
| technology program portfolio rather than a review of individual | 84456 |
| programs. | 84457 |
| Applicants for Third Frontier and Alignment Programs funding | 84458 |
| shall identify their requirements for high-performance computing | 84459 |
| facilities and services, including both hardware and software, in | 84460 |
| all proposals. If an applicant's requirements exceed approximately | 84461 |
| $100,000 for a proposal, the Ohio Supercomputer Center shall | 84462 |
| convene a panel of experts. The panel shall review the proposal to | 84463 |
| determine whether the proposal's requirements can be met through | 84464 |
| Ohio Supercomputer Center facilities or through other means and | 84465 |
| report such information to the Third Frontier Commission. | 84466 |
| To ensure that the state receives the maximum benefit from | 84467 |
| its investment in the Third Frontier Project and the Third | 84468 |
| Frontier Network, organizations receiving Third Frontier awards | 84469 |
| and Alignment Programs awards shall, as appropriate, be expected | 84470 |
| to have a connection to the Third Frontier Network that enables | 84471 |
| them and their collaborators to achieve award objectives through | 84472 |
| the Third Frontier Network. | 84473 |
| Section 203.99.21. INTERNATIONAL TRADE | 84474 |
| The foregoing appropriation item 195-432, International | 84475 |
| Trade, shall be used to operate and to maintain Ohio's | 84476 |
| out-of-state trade offices. | 84477 |
| The Director of Development may enter into contracts with | 84478 |
| foreign nationals to staff foreign offices. The contracts may be | 84479 |
| paid in local currency or United States currency and shall be | 84480 |
| exempt from section 127.16 of the Revised Code. The director also | 84481 |
| may establish foreign currency accounts under section 122.05 of | 84482 |
| the Revised Code for the payment of expenses related to the | 84483 |
| operation and maintenance of the foreign trade offices. | 84484 |
| The foregoing appropriation item 195-432, International | 84485 |
| Trade, shall be used to fund the International Trade Division and | 84486 |
| to assist Ohio manufacturers and agricultural producers in | 84487 |
| exporting to foreign countries in conjunction with the Department | 84488 |
| of Agriculture. | 84489 |
| Of the foregoing appropriation item 195-432, International | 84490 |
| Trade, up to $35,000 may be used to purchase gifts for | 84491 |
| representatives of foreign governments or dignitaries of foreign | 84492 |
| countries. | 84493 |
| Section 203.99.24. OHIO INVESTMENT IN TRAINING PROGRAM | 84494 |
| The foregoing appropriation items 195-434, Investment in | 84495 |
| Training Grants, and 195-667, Investment in Training Expansion, | 84496 |
| shall be used to promote training through grants for the | 84497 |
| reimbursement of eligible training expenses. | 84498 |
| Section 203.99.27. CDBG OPERATING MATCH | 84499 |
| The foregoing appropriation item 195-497, CDBG Operating | 84500 |
| Match, shall be used to provide matching funds as requested by the | 84501 |
| United States Department of Housing and Urban Development to | 84502 |
| administer the federally funded Community Development Block Grant | 84503 |
| (CDBG) program. | 84504 |
| STATE OPERATING MATCH | 84505 |
| The foregoing appropriation item 195-498, State Match Energy, | 84506 |
| shall be used to provide matching funds as required by the United | 84507 |
| States Department of Energy to administer the federally funded | 84508 |
| State Energy Plan. | 84509 |
| Section 203.99.30. TRAVEL AND TOURISM GRANTS | 84510 |
| The foregoing appropriation item 195-507, Travel and Tourism | 84511 |
| Grants, shall be used to provide grants to local organizations to | 84512 |
| support various local travel and tourism events in Ohio. | 84513 |
| Of the foregoing appropriation item 195-507, Travel and | 84514 |
| Tourism Grants, $25,000 in each fiscal year shall be used for the | 84515 |
| Lorain County Visitors Bureau. | 84516 |
| Of the foregoing appropriation item 195-507, Travel and | 84517 |
| Tourism Grants, $25,000 in each fiscal year shall be used for the | 84518 |
| Sandusky/Erie County Visitors and Convention Bureau. | 84519 |
| Of the foregoing appropriation item 195-507, Travel and | 84520 |
| Tourism Grants, $25,000 in each fiscal year shall be used for the | 84521 |
| Ottawa County Convention and Visitors Bureau. | 84522 |
| Of the foregoing appropriation item 195-507, Travel and | 84523 |
| Tourism Grants, $50,000 in each fiscal year shall be used for the | 84524 |
| Greene County Convention and Visitors Bureau. | 84525 |
| Of the foregoing appropriation item 195-507, Travel and | 84526 |
| Tourism Grants, $45,000 in each fiscal year shall be used for the | 84527 |
| Warren County Convention and Visitors Bureau. | 84528 |
| Of the foregoing appropriation item 195-507, Travel and | 84529 |
| Tourism Grants, $25,000 in each fiscal year shall be used for | 84530 |
| grants to the Wood County Economic Development Commission. | 84531 |
| Of the foregoing appropriation item 195-507, Travel and | 84532 |
| Tourism Grants, $50,000 in each fiscal year shall be used for the | 84533 |
| Wright Dunbar Historical Site. | 84534 |
| Of the foregoing appropriation item 195-507, Travel and | 84535 |
| Tourism Grants, up to $120,000 in each fiscal year may be used to | 84536 |
| support the outdoor dramas "Trumpet in the Land," "Blue Jacket," | 84537 |
| and "Tecumseh!". | 84538 |
| Of the foregoing appropriation item 195-507, Travel and | 84539 |
| Tourism Grants, $40,000 in each fiscal year shall be used for the | 84540 |
| Cincinnati Film Commission and $40,000 in each fiscal year shall | 84541 |
| be used for the Cleveland Film Commission. | 84542 |
| Of the foregoing appropriation item 195-507, Travel and | 84543 |
| Tourism Grants, $100,000 in each fiscal year shall be used for the | 84544 |
| Cleveland Institute of Art. | 84545 |
| Of the foregoing appropriation item 195-507, Travel and | 84546 |
| Tourism Grants, up to $500,000 in each fiscal year shall be used | 84547 |
| for grants to The International Center for the Preservation of | 84548 |
| Wild Animals. | 84549 |
| Of the foregoing appropriation item 195-507, Travel and | 84550 |
| Tourism Grants, $50,000 in each fiscal year shall be used for the | 84551 |
| Lake Shore Railway Association, Inc. | 84552 |
| Of the foregoing appropriation item 195-507, Travel and | 84553 |
| Tourism Grants, $50,000 in each fiscal year shall be used for the | 84554 |
| Ohio River Trails program. | 84555 |
| Of the foregoing appropriation item 195-507, Travel and | 84556 |
| Tourism Grants, $12,500 in each fiscal year shall be used for the | 84557 |
| Morgan County Community Improvement Corporation. | 84558 |
| Of the foregoing appropriation item 195-507, Travel and | 84559 |
| Tourism Grants, $25,000 in fiscal year 2006 shall be used for the | 84560 |
| Ohio Buckeye Junior Hereford Association. | 84561 |
| Of the foregoing appropriation item 195-507, Travel and | 84562 |
| Tourism Grants, $100,000 in fiscal year 2006 shall be used for | 84563 |
| grants to the NCR U.S. Senior Open. | 84564 |
| Section 203.99.33. THIRD FRONTIER RESEARCH & | 84565 |
| COMMERCIALIZATION GENERAL OBLIGATION DEBT SERVICE | 84566 |
| The foregoing appropriation item 195-905, Third Frontier | 84567 |
| Research & Commercialization General Obligation Debt Service, | 84568 |
| shall be used to pay all debt service and related financing costs | 84569 |
| during the period from July 1, 2005, to June 30, 2007, on | 84570 |
| obligations to be issued for research and development purposes, as | 84571 |
| authorized by the Ohio Constitution and implementing statutes. The | 84572 |
| Office of the Sinking Fund or the Director of Budget and | 84573 |
| Management shall effectuate the required payments by intrastate | 84574 |
| transfer voucher. | 84575 |
| Section 203.99.36. SUPPORTIVE SERVICES | 84576 |
| The Director of Development may assess divisions of the | 84577 |
| department for the cost of central service operations. An | 84578 |
| assessment shall be based on a plan submitted to and approved by | 84579 |
| the Office of Budget and Management by August 1, 2005, and shall | 84580 |
| contain the characteristics of administrative ease and uniform | 84581 |
| application. | 84582 |
| A division's payments shall be credited to the Supportive | 84583 |
| Services Fund (Fund 135) using an intrastate transfer voucher. | 84584 |
| GENERAL REIMBURSEMENT | 84585 |
| The foregoing appropriation item 195-636, General | 84586 |
| Reimbursements, shall be used for conference and subscription fees | 84587 |
| and other reimbursable costs. Revenues to the General | 84588 |
| Reimbursement Fund (Fund 685) shall consist of fees and other | 84589 |
| moneys charged for conferences, subscriptions, and other | 84590 |
| administrative costs that are not central service costs. | 84591 |
| WORKER GUARANTEE PROGRAM | 84592 |
| The foregoing appropriation item 195-668, Worker Guarantee | 84593 |
| Program, shall be used for the Worker Guarantee Program. | 84594 |
| Benefited employers must create at least 100 high-paying, | 84595 |
| full-time jobs over a three-year period and must demonstrate prior | 84596 |
| to the commitment of state funds that the availability of those | 84597 |
| skilled workers is a major factor in the employer's decision to | 84598 |
| locate or expand in Ohio. Activities eligible for funding through | 84599 |
| the Worker Guarantee Program include job assessment services, | 84600 |
| screening and testing of potential employees, customized training | 84601 |
| activities, and any other training or related service determined | 84602 |
| by the Director. | 84603 |
| A local workforce development service provider may include, | 84604 |
| but is not limited to, a community college, technical or | 84605 |
| vocational school, one-stop center, or any other entity designated | 84606 |
| by the Director of Development to provide services under the | 84607 |
| program. | 84608 |
| State matching funds totaling one-third of a project's cost | 84609 |
| shall be provided for each approved project when an employer and | 84610 |
| any local workforce development service provider, in conjunction | 84611 |
| with the local community, contracts with the Department of | 84612 |
| Development to provide services under the program. The employer | 84613 |
| and the local community each shall provide matching funds totaling | 84614 |
| one-third of a project's cost, and each portion of the matching | 84615 |
| funds shall be equal to state funding, which also shall be | 84616 |
| one-third of a project's cost. | 84617 |
| The state shall count in-kind contributions when determining | 84618 |
| a contribution from entities associated with the local community. | 84619 |
| The Director of Development, under Chapter 119. of the | 84620 |
| Revised Code, shall adopt, and may amend or rescind, rules the | 84621 |
| Director finds necessary for the implementation and successful | 84622 |
| operation of the Worker Guarantee Program. | 84623 |
| Section 203.99.37. TRAINING SERVICES | 84624 |
| Of the foregoing appropriation item 195-605, Federal | 84625 |
| Projects, $400,000 in each fiscal year shall be used for grants to | 84626 |
| the Ohio Weatherization Training Center, administered by the | 84627 |
| Corporation for Ohio Appalachian Development, for training and | 84628 |
| technical assistance services. | 84629 |
| Section 203.99.39. HEAP WEATHERIZATION | 84630 |
| Fifteen per cent of the federal funds received by the state | 84631 |
| for the Home Energy Assistance Block Grant shall be deposited in | 84632 |
| appropriation item 195-614, HEAP Weatherization (Fund 3K9), and | 84633 |
| shall be used to provide home weatherization services in the | 84634 |
| state. | 84635 |
| Of the foregoing appropriation item 195-614, HEAP | 84636 |
| Weatherization, $200,000 in each fiscal year shall be used for | 84637 |
| grants to the Ohio Weatherization Training Center, administered by | 84638 |
| the Corporation for Ohio Appalachian Development, for training and | 84639 |
| technical assistance services. | 84640 |
| STATE SPECIAL PROJECTS | 84641 |
| The foregoing fund, Fund 4F2, State Special Projects, shall | 84642 |
| be used for the deposit of private-sector funds from utility | 84643 |
| companies and for the deposit of other miscellaneous state funds. | 84644 |
| Private-sector moneys shall be used to (1) pay the expenses of | 84645 |
| verifying the income-eligibility of HEAP applicants, (2) market | 84646 |
| economic development opportunities in the state, and (3) leverage | 84647 |
| additional federal funds. State funds shall be used to match | 84648 |
| federal housing grants for the homeless and to market economic | 84649 |
| development opportunities in the state. | 84650 |
| Section 203.99.42. MINORITY BUSINESS ENTERPRISE LOAN | 84651 |
| All repayments from the Minority Development Financing | 84652 |
| Advisory Board Loan Program and the Ohio Mini-Loan Guarantee | 84653 |
| Program shall be deposited in the State Treasury to the credit of | 84654 |
| the Minority Business Enterprise Loan Fund (Fund 4W1). | 84655 |
| All operating costs of administering the Minority Business | 84656 |
| Enterprise Loan Fund shall be paid from the Minority Business | 84657 |
| Enterprise Loan Fund (Fund 4WI). | 84658 |
| MINORITY BUSINESS BONDING FUND | 84659 |
| Notwithstanding Chapters 122., 169., and 175. of the Revised | 84660 |
| Code and other provisions of Am. Sub. H.B. 283 of the 123rd | 84661 |
| General Assembly, the Director of Development may, upon the | 84662 |
| recommendation of the Minority Development Financing Advisory | 84663 |
| Board, pledge up to $10,000,000 in the FY 2006-2007 biennium of | 84664 |
| unclaimed funds administered by the Director of Commerce and | 84665 |
| allocated to the Minority Business Bonding Program under section | 84666 |
| 169.05 of the Revised Code. The transfer of any cash by the | 84667 |
| Director of Budget and Management from the Department of | 84668 |
| Commerce's Unclaimed Funds Fund (Fund 543) to the Department of | 84669 |
| Development's Minority Business Bonding Fund (Fund 449) shall | 84670 |
| occur, if requested by the Director of Development, only if such | 84671 |
| funds are needed for payment of losses arising from the Minority | 84672 |
| Business Bonding Program, and only after proceeds of the initial | 84673 |
| transfer of $2,700,000 by the Controlling Board to the Minority | 84674 |
| Business Bonding Program has been used for that purpose. Moneys | 84675 |
| transferred by the Director of Budget and Management from the | 84676 |
| Department of Commerce for this purpose may be moneys in custodial | 84677 |
| funds held by the Treasurer of State. If expenditures are required | 84678 |
| for payment of losses arising from the Minority Business Bonding | 84679 |
| Program, such expenditures shall be made from appropriation item | 84680 |
| 195-623, Minority Business Bonding Contingency in the Minority | 84681 |
| Business Bonding Fund, and such amounts are appropriated. | 84682 |
| Section 203.99.45. ECONOMIC DEVELOPMENT FINANCING OPERATING | 84683 |
| The foregoing appropriation item 195-625, Economic | 84684 |
| Development Financing Operating, shall be used for the operating | 84685 |
| expenses of financial assistance programs authorized under Chapter | 84686 |
| 166. of the Revised Code and under sections 122.43 and 122.45 of | 84687 |
| the Revised Code. | 84688 |
| VOLUME CAP ADMINISTRATION | 84689 |
| The foregoing appropriation item 195-654, Volume Cap | 84690 |
| Administration, shall be used for expenses related to the | 84691 |
| administration of the Volume Cap Program. Revenues received by the | 84692 |
| Volume Cap Administration Fund (Fund 617) shall consist of | 84693 |
| application fees, forfeited deposits, and interest earned from the | 84694 |
| custodial account held by the Treasurer of State. | 84695 |
| UNIVERSAL SERVICE FUND | 84696 |
| The foregoing appropriation item 195-659, Universal Service, | 84697 |
| shall be used to provide payments to regulated electric utility | 84698 |
| companies for low-income customers enrolled in Percentage of | 84699 |
| Income Payment Plan (PIPP) electric accounts, to fund targeted | 84700 |
| energy efficiency and customer education services to PIPP | 84701 |
| customers, and to cover the department's administrative costs | 84702 |
| related to Universal Service Fund Programs. | 84703 |
| SHOVEL READY SITES | 84704 |
| The foregoing appropriation item 195-678, Shovel Ready Sites, | 84705 |
| shall be used to administer the Shovel Ready Sites Program under | 84706 |
| section 122.083 of the Revised Code. | 84707 |
| ALTERNATIVE FUEL TRANSPORTATION | 84708 |
| The foregoing appropriation item 195-679, Alternative Fuel | 84709 |
| Transportation, shall be used by the Director of Development to | 84710 |
| make grants under the Alternative Fuel Transportation Grant Fund | 84711 |
| Program in accordance with section 122.075 of the Revised Code, | 84712 |
| and for administrative costs associated with the program. | 84713 |
| TRANSFER OF UNCLAIMED FUNDS TO THE DEFENSE CONVERSION | 84714 |
| ASSISTANCE FUND FOR BASE REALIGNMENT AND CLOSURE GRANTS | 84715 |
| (A) There is hereby created in the State Treasury the Defense | 84716 |
| Conversion Assistance Fund (Fund XXX). The fund shall consist of | 84717 |
| all cash deposited to it pursuant to division (C) of this section. | 84718 |
| (B) The foregoing appropriation item 195-XXX, Defense | 84719 |
| Conversion Assistance, shall be used by the Director of | 84720 |
| Development to provide grants to local communities for costs | 84721 |
| associated with the preparation and redevelopment of military | 84722 |
| installations in Ohio that are slated for realignment or closure | 84723 |
| under the United States Department of Defense Base Realignment and | 84724 |
| Closure Program. | 84725 |
| (C) Notwithstanding division (A) of section 169.05 of the | 84726 |
| Revised Code, upon the request of the Director of Budget and | 84727 |
| Management, the Director of Commerce, prior to June 30, 2006, | 84728 |
| shall transfer to the Defense Conversion Assistance Fund (Fund | 84729 |
| XXX) $1,000,000 of the unclaimed funds that have been reported by | 84730 |
| the holders of unclaimed funds under section 169.05 of the Revised | 84731 |
| Code regardless of the allocation of the unclaimed funds described | 84732 |
| in that section. | 84733 |
| (D) On or before June 30, 2006, the unencumbered balance of | 84734 |
| the foregoing appropriation item 195-XXX, Defense Conversion | 84735 |
| Assistance, for fiscal year 2006 is hereby appropriated for the | 84736 |
| same purpose for fiscal year 2007. | 84737 |
| ENERGY EFFICIENCY REVOLVING LOAN FUND | 84738 |
| The foregoing appropriation item 195-660, Energy Efficiency | 84739 |
| Loan and Grant, shall be used to provide financial assistance to | 84740 |
| customers for eligible energy efficiency projects for residential, | 84741 |
| commercial and industrial business, local government, educational | 84742 |
| institution, nonprofit, and agriculture customers, and to pay for | 84743 |
| the program's administrative costs as provided in the Revised Code | 84744 |
| and rules adopted by the Director of Development. | 84745 |
| TRANSFER FROM THE ENERGY EFFICIENCY REVOLVING LOAN FUND TO | 84746 |
| THE INDUSTRIAL SITE IMPROVEMENTS FUND | 84747 |
| Notwithstanding Chapters 122. and 4928. of the Revised Code | 84748 |
| and any other law to the contrary, the Director of Budget and | 84749 |
| Management shall transfer $2,500,000 in cash in fiscal year 2006 | 84750 |
| and $2,500,000 in cash in fiscal year 2007 from the Energy | 84751 |
| Efficiency Revolving Loan Fund (Fund 5M5) to the Industrial Site | 84752 |
| Improvements Fund (Fund 5AR). | 84753 |
| Moneys in Fund 5AR, Industrial Site Improvements, shall be | 84754 |
| used by the Director of Development to make grants to eligible | 84755 |
| counties for the improvement of commercial or industrial areas | 84756 |
| within those counties under section 122.951 of the Revised Code. | 84757 |
| TRANSFER FROM THE ENERGY EFFICIENCY REVOLVING LOAN FUND TO | 84758 |
| THE RAIL TRANSLOAD FACILITIES FUND | 84759 |
| Notwithstanding Chapters 122. and 4928. of the Revised Code | 84760 |
| and any other law to the contrary, the Director of Budget and | 84761 |
| Management shall transfer $500,000 in cash in fiscal year 2006 | 84762 |
| from the Energy Efficiency Revolving Loan Fund (Fund 5M5) in the | 84763 |
| Department of Development to the Rail Transload Facilities Fund | 84764 |
| (Fund 5CF) in the Department of Transportation. | 84765 |
| TRANSFER FROM THE ENERGY EFFICIENCY REVOLVING LOAN FUND TO | 84766 |
| THE ALTERNATIVE FUEL TRANSPORTATION GRANT FUND | 84767 |
| Notwithstanding Chapter 4928. of the Revised Code and any | 84768 |
| other law to the contrary, the Director of Budget and Management | 84769 |
| shall transfer $150,000 in cash in fiscal year 2006 and $150,000 | 84770 |
| in cash in fiscal year 2007 from the Energy Efficiency Revolving | 84771 |
| Loan Fund (Fund 5M5) to the Alternative Fuel Transportation Grant | 84772 |
| Fund (Fund 5CG). | 84773 |
| GLOBAL ANALYST SETTLEMENT AGREEMENTS PAYMENTS | 84774 |
| All payments received by the state pursuant to a series of | 84775 |
| settlements with ten brokerage firms reached with the United | 84776 |
| States Securities and Exchange Commission, the National | 84777 |
| Association of Securities Dealers, the New York Stock Exchange, | 84778 |
| the New York Attorney General, and other state regulators | 84779 |
| (henceforth referred to as the "Global Analysts Settlement | 84780 |
| Agreements"), shall be deposited into the state treasury to the | 84781 |
| credit of the Economic Development Contingency Fund (Fund 5Y6), | 84782 |
| which is hereby created in the state treasury. The fund shall be | 84783 |
| used by the Director of Development to support economic | 84784 |
| development projects for which appropriations would not otherwise | 84785 |
| be available, and shall be subject to the submission of a request | 84786 |
| to the Controlling Board by the Director outlining the planned use | 84787 |
| of the funds, and the subsequent approval of the request by the | 84788 |
| Controlling Board. | 84789 |
| Section 203.99.46. TRANSFER FROM THE LOW- AND MODERATE-INCOME | 84790 |
| HOUSING TRUST FUND TO THE RESIDENTIAL STATE SUPPLEMENT FUND | 84791 |
| Notwithstanding Chapter 175. of the Revised Code and any | 84792 |
| other law to the contrary, the Director of Budget and Management | 84793 |
| shall transfer $1,500,000 in cash in fiscal year 2006 and | 84794 |
| $1,500,000 in cash in fiscal year 2007 from the Low- and | 84795 |
| Moderate-Income Housing Trust Fund (Fund 646) in the Department of | 84796 |
| Development to the Residential State Supplement Fund (Fund 5CH) in | 84797 |
| the Department of Mental Health. | 84798 |
| Section 203.99.48. FACILITIES ESTABLISHMENT FUND | 84799 |
| The foregoing appropriation item 195-615, Facilities | 84800 |
| Establishment (Fund 037), shall be used for the purposes of the | 84801 |
| Facilities Establishment Fund under Chapter 166. of the Revised | 84802 |
| Code. | 84803 |
| Notwithstanding Chapter 166. of the Revised Code, up to | 84804 |
| $1,800,000 in cash each fiscal year may be transferred from the | 84805 |
| Facilities Establishment Fund (Fund 037) to the Economic | 84806 |
| Development Financing Operating Fund (Fund 451). The transfer is | 84807 |
| subject to Controlling Board approval under division (B) of | 84808 |
| section 166.03 of the Revised Code. | 84809 |
| Notwithstanding Chapter 166. of the Revised Code, up to | 84810 |
| $5,000,000 in cash each fiscal year may be transferred from the | 84811 |
| Facilities Establishment Fund (Fund 037) to the Shovel Ready Sites | 84812 |
| Fund (Fund 5CA). The transfer is subject to Controlling Board | 84813 |
| approval under division (B) of section 166.03 of the Revised Code. | 84814 |
| Notwithstanding Chapter 166. of the Revised Code, up to | 84815 |
| $10,950,000 in cash may be transferred during the biennium from | 84816 |
| the Facilities Establishment Fund (Fund 037) to the Urban | 84817 |
| Redevelopment Loans Fund (Fund 5D2) for the purpose of removing | 84818 |
| barriers to urban core redevelopment. The Director of Development | 84819 |
| shall develop program guidelines for the transfer and release of | 84820 |
| funds, including, but not limited to, the completion of all | 84821 |
| appropriate environmental assessments before state assistance is | 84822 |
| committed to a project. | 84823 |
| Notwithstanding Chapter 166. of the Revised Code, up to | 84824 |
| $3,000,000 each fiscal year in cash may be transferred from the | 84825 |
| Facilities Establishment Fund (Fund 037) to the Rural Industrial | 84826 |
| Park Loan Fund (Fund 4Z6). The transfer is subject to Controlling | 84827 |
| Board approval under section 166.03 of the Revised Code. | 84828 |
| FAMILY FARM LOAN PROGRAM | 84829 |
| Notwithstanding Chapter 166. of the Revised Code, up to | 84830 |
| $1,000,000 in each fiscal year shall be transferred from moneys in | 84831 |
| the Facilities Establishment Fund (Fund 037) to the Family Farm | 84832 |
| Loan Guarantee Fund (Fund 5H1) in the Department of Development. | 84833 |
| The moneys shall be used for loan guarantees. The transfer is | 84834 |
| subject to Controlling Board approval. | 84835 |
| Financial assistance from the Family Farm Loan Guarantee Fund | 84836 |
| (Fund 5H1) shall be repaid to Fund 5H1. This fund is established | 84837 |
| under sections 166.031, 901.80, 901.81, 901.82, and 901.83 of the | 84838 |
| Revised Code. | 84839 |
| When the Family Farm Loan Guarantee Fund (Fund 5H1) ceases to | 84840 |
| exist, all outstanding balances, all loan repayments, and any | 84841 |
| other outstanding obligations shall revert to the Facilities | 84842 |
| Establishment Fund (Fund 037). | 84843 |
| RURAL DEVELOPMENT INITIATIVE FUND | 84844 |
| (A)(1) The Rural Development Initiative Fund (Fund 5S8) is | 84845 |
| entitled to receive moneys from the Facilities Establishment Fund | 84846 |
| (Fund 037). The Director of Development may make grants from the | 84847 |
| Rural Development Initiative Fund as specified in division (A)(2) | 84848 |
| of this section to eligible applicants in Appalachian counties and | 84849 |
| in rural counties in the state that are designated as distressed | 84850 |
| under section 122.25 of the Revised Code. Preference shall be | 84851 |
| given to eligible applicants located in Appalachian counties | 84852 |
| designated as distressed by the federal Appalachian Regional | 84853 |
| Commission. The Rural Development Initiative Fund (Fund 5S8) shall | 84854 |
| cease to exist after June 30, 2007. All moneys remaining in the | 84855 |
| Fund after that date shall revert to the Facilities Establishment | 84856 |
| Fund (Fund 037). | 84857 |
| (2) The Director of Development shall make grants from the | 84858 |
| Rural Development Initiative Fund (Fund 5S8) only to eligible | 84859 |
| applicants who also qualify for and receive funding under the | 84860 |
| Rural Industrial Park Loan Program as specified in sections 122.23 | 84861 |
| to 122.27 of the Revised Code. Eligible applicants shall use the | 84862 |
| grants for the purposes specified in section 122.24 of the Revised | 84863 |
| Code. All projects supported by grants from the fund are subject | 84864 |
| to Chapter 4115. of the Revised Code as specified in division (E) | 84865 |
| of section 166.02 of the Revised Code. The Director shall develop | 84866 |
| program guidelines for the transfer and release of funds. The | 84867 |
| release of grant moneys to an eligible applicant is subject to | 84868 |
| Controlling Board approval. | 84869 |
| (B) Notwithstanding Chapter 166. of the Revised Code, the | 84870 |
| Director of Budget and Management may transfer up to $3,000,000 | 84871 |
| each fiscal year in cash on an as needed basis at the request of | 84872 |
| the Director of Development from the Facilities Establishment Fund | 84873 |
| (Fund 037) to the Rural Development Initiative Fund (Fund 5S8). | 84874 |
| The transfer is subject to Controlling Board approval under | 84875 |
| section 166.03 of the Revised Code. | 84876 |
| CAPITAL ACCESS LOAN PROGRAM | 84877 |
| The foregoing appropriation item 195-628, Capital Access Loan | 84878 |
| Program, shall be used for operating, program, and administrative | 84879 |
| expenses of the program. Funds of the Capital Access Loan Program | 84880 |
| shall be used to assist participating financial institutions in | 84881 |
| making program loans to eligible businesses that face barriers in | 84882 |
| accessing working capital and obtaining fixed asset financing. | 84883 |
| Notwithstanding Chapter 166. of the Revised Code, the | 84884 |
| Director of Budget and Management may transfer up to $3,000,000 | 84885 |
| each fiscal year in cash on an as needed basis at the request of | 84886 |
| the Director of Development from the Facilities Establishment Fund | 84887 |
| (Fund 037) to the Capital Access Loan Program Fund (Fund 5S9). The | 84888 |
| transfer is subject to Controlling Board approval under section | 84889 |
| 166.03 of the Revised Code. | 84890 |
| INNOVATION OHIO LOAN FUND | 84891 |
| The foregoing appropriation item 195-664, Innovation Ohio, | 84892 |
| shall be used to provide for innovation Ohio purposes, including | 84893 |
| loan guarantees and loans under Chapter 166. and particularly | 84894 |
| sections 166.12 to 166.16 of the Revised Code. | 84895 |
| RESEARCH AND DEVELOPMENT | 84896 |
| The foregoing appropriation item 195-665, Research and | 84897 |
| Development, shall be used to provide for research and development | 84898 |
| purposes, including loans, under Chapter 166. and particularly | 84899 |
| sections 166.17 to 166.21 of the Revised Code. | 84900 |
| Section 203.99.51. CLEAN OHIO OPERATING EXPENSES | 84901 |
| The foregoing appropriation item 195-663, Clean Ohio | 84902 |
| Operating, shall be used by the Department of Development in | 84903 |
| administering sections 122.65 to 122.658 of the Revised Code. | 84904 |
| Section 203.99.54. UNCLAIMED FUNDS TRANSFER | 84905 |
| (A) Notwithstanding division (A) of section 169.05 of the | 84906 |
| Revised Code, upon the request of the Director of Budget and | 84907 |
| Management, the Director of Commerce, prior to June 30, 2006, | 84908 |
| shall transfer to the Job Development Initiatives Fund (Fund 5AD) | 84909 |
| up to $8,000,000 of the unclaimed funds that have been reported by | 84910 |
| the holders of unclaimed funds under section 169.05 of the Revised | 84911 |
| Code, regardless of the allocation of the unclaimed funds | 84912 |
| described under that section. | 84913 |
| Notwithstanding division (A) of section 169.05 of the Revised | 84914 |
| Code, upon the request of the Director of Budget and Management, | 84915 |
| the Director of Commerce, prior to June 30, 2007, shall transfer | 84916 |
| to the Job Development Initiatives Fund (Fund 5AD) up to | 84917 |
| $18,000,000 of the unclaimed funds that have been reported by the | 84918 |
| holders of unclaimed funds under section 169.05 of the Revised | 84919 |
| Code, regardless of the allocation of the unclaimed funds | 84920 |
| described under that section. | 84921 |
| (B) Notwithstanding division (A) of section 169.05 of the | 84922 |
| Revised Code, upon the request of the Director of Budget and | 84923 |
| Management, the Director of Commerce, prior to June 30, 2006, | 84924 |
| shall transfer to the State Special Projects Fund (Fund 4F2) up to | 84925 |
| $4,978,210 of the unclaimed funds that have been reported by the | 84926 |
| holders of unclaimed funds under section 169.05 of the Revised | 84927 |
| Code, regardless of the allocation of the unclaimed funds | 84928 |
| described under that section. | 84929 |
| Notwithstanding division (A) of section 169.05 of the Revised | 84930 |
| Code, upon the request of the Director of Budget and Management, | 84931 |
| the Director of Commerce, prior to June 30, 2007, shall transfer | 84932 |
| to the State Special Projects Fund (Fund 4F2) up to $4,978,210 of | 84933 |
| the unclaimed funds that have been reported by the holders of | 84934 |
| unclaimed funds under section 169.05 of the Revised Code, | 84935 |
| regardless of the allocation of the unclaimed funds described | 84936 |
| under that section. | 84937 |
| Section 206.03. OBD OHIO BOARD OF DIETETICS | 84938 |
| General Services Fund Group | 84939 |
| 4K9 | 860-609 | Operating Expenses | $ | 332,495 | $ | 0 | 84940 | ||||
| TOTAL GSF General Services Fund | 84941 | ||||||||||
| Group | $ | 332,495 | $ | 0 | 84942 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 332,495 | $ | 0 | 84943 | ||||||
| Section 206.06. CDR COMMISSION ON DISPUTE RESOLUTION AND | 84945 |
| CONFLICT MANAGEMENT | 84946 |
| General Revenue Fund | 84947 |
| GRF | 145-401 | Commission on Dispute Resolution/Management | $ | 470,000 | $ | 470,000 | 84948 | ||||
| TOTAL GRF General Revenue Fund | $ | 470,000 | $ | 470,000 | 84949 | ||||||
| General Services Fund Group | 84950 |
| 4B6 | 145-601 | Gifts and Grants | $ | 140,000 | $ | 140,000 | 84951 | ||||
| TOTAL GSF General Services Fund Group | $ | 140,000 | $ | 140,000 | 84952 | ||||||
| Federal Special Revenue Fund Group | 84953 |
| 3S6 | 145-602 | Dispute Resolution: Federal | $ | 140,000 | $ | 140,000 | 84954 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 140,000 | $ | 140,000 | 84955 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 750,000 | $ | 750,000 | 84956 | ||||||
| Section 206.09. EDU DEPARTMENT OF EDUCATION | 84958 |
| General Revenue Fund | 84959 |
| GRF | 200-100 | Personal Services | $ | 9,880,406 | $ | 10,880,655 | 84960 | ||||
| GRF | 200-320 | Maintenance and Equipment | $ | 4,344,235 | $ | 4,344,235 | 84961 | ||||
| GRF | 200-408 | Early Childhood Education | $ | 19,002,195 | $ | 19,002,195 | 84962 | ||||
| GRF | 200-410 | Educator Training | $ | 19,513,057 | $ | 20,088,057 | 84963 | ||||
| GRF | 200-416 | Career-Technical Education Match | $ | 2,233,195 | $ | 2,233,195 | 84964 | ||||
| GRF | 200-420 | Computer/Application/ Network Development | $ | 5,361,525 | $ | 5,361,525 | 84965 | ||||
| GRF | 200-421 | Alternative Education Programs | $ | 13,907,665 | $ | 13,732,665 | 84966 | ||||
| GRF | 200-422 | School Management Assistance | $ | 2,683,208 | $ | 2,710,572 | 84967 | ||||
| GRF | 200-424 | Policy Analysis | $ | 556,687 | $ | 556,687 | 84968 | ||||
| GRF | 200-425 | Tech Prep Consortia Support | $ | 2,069,217 | $ | 2,069,217 | 84969 | ||||
| GRF | 200-426 | Ohio Educational Computer Network | $ | 30,446,197 | $ | 30,446,197 | 84970 | ||||
| GRF | 200-427 | Academic Standards | $ | 11,607,753 | $ | 11,679,181 | 84971 | ||||
| GRF | 200-431 | School Improvement Initiatives | $ | 20,763,649 | $ | 23,792,828 | 84972 | ||||
| GRF | 200-433 | Reading/Writing Improvement-Professional Development | $ | 16,165,000 | $ | 16,165,000 | 84973 | ||||
| GRF | 200-437 | Student Assessment | $ | 54,445,234 | $ | 60,011,935 | 84974 | ||||
| GRF | 200-439 | Accountability/Report Cards | $ | 3,878,850 | $ | 7,457,290 | 84975 | ||||
| GRF | 200-442 | Child Care Licensing | $ | 1,302,495 | $ | 1,302,495 | 84976 | ||||
| GRF | 200-445 | OhioReads Volunteer Support | $ | 3,905,000 | $ | 3,905,000 | 84977 | ||||
| GRF | 200-446 | Education Management Information System | $ | 15,674,805 | $ | 15,674,805 | 84978 | ||||
| GRF | 200-447 | GED Testing | $ | 1,544,360 | $ | 1,544,360 | 84979 | ||||
| GRF | 200-448 | Educator Preparation | $ | 1,651,000 | $ | 1,651,000 | 84980 | ||||
| GRF | 200-455 | Community Schools | $ | 2,942,094 | $ | 2,942,094 | 84981 | ||||
| GRF | 200-502 | Pupil Transportation | $ | 412,330,728 | $ | 420,577,343 | 84982 | ||||
| GRF | 200-503 | Bus Purchase Allowance | $ | 8,600,000 | $ | 14,000,000 | 84983 | ||||
| GRF | 200-505 | School Lunch Match | $ | 8,998,025 | $ | 8,998,025 | 84984 | ||||
| GRF | 200-509 | Adult Literacy Education | $ | 8,669,738 | $ | 8,669,738 | 84985 | ||||
| GRF | 200-511 | Auxiliary Services | $ | 127,903,356 | $ | 127,903,356 | 84986 | ||||
| GRF | 200-514 | Postsecondary Adult Career-Technical Education | $ | 19,481,875 | $ | 19,481,875 | 84987 | ||||
| GRF | 200-521 | Gifted Pupil Program | $ | 46,910,068 | $ | 47,157,293 | 84988 | ||||
| GRF | 200-532 | Nonpublic Administrative Cost Reimbursement | $ | 56,762,916 | $ | 58,068,463 | 84989 | ||||
| GRF | 200-540 | Special Education Enhancements | $ | 133,754,606 | 135,015,125 | 84990 | |||||
| GRF | 200-545 | Career-Technical Education Enhancements | $ | 10,169,442 | $ | 9,225,569 | 84991 | ||||
| GRF | 200-550 | Foundation Funding | $ | 5,585,820,663 | $ | 5,701,771,366 | 84992 | ||||
| GRF | 200-558 | Emergency Loan Interest Subsidy | $ | 1,388,164 | $ | 651,404 | 84993 | ||||
| GRF | 200-566 | Reading/Writing Improvement-Classroom Grants | $ | 12,062,336 | $ | 12,062,336 | 84994 | ||||
| GRF | 200-578 | Safe and Supportive Schools | $ | 1,218,555 | $ | 1,218,555 | 84995 | ||||
| GRF | 200-901 | Property Tax Allocation - Education | $ | 764,626,987 | $ | 728,793,318 | 84996 | ||||
| GRF | 200-906 | Tangible Tax Exemption - Education | $ | 42,830,487 | $ | 32,122,865 | 84997 | ||||
| TOTAL GRF General Revenue Fund | $ | 7,485,405,773 | $ | 7,583,267,819 | 84998 | ||||||
| General Services Fund Group | 84999 |
| 138 | 200-606 | Computer Services-Operational Support | $ | 7,600,091 | $ | 7,600,091 | 85000 | ||||
| 4D1 | 200-602 | Ohio Prevention/Education Resource Center | $ | 832,000 | $ | 832,000 | 85001 | ||||
| 4L2 | 200-681 | Teacher Certification and Licensure | $ | 5,497,158 | $ | 5,628,332 | 85002 | ||||
| 452 | 200-638 | Miscellaneous Educational Services | $ | 400,000 | $ | 400,000 | 85003 | ||||
| 5H3 | 200-687 | School District Solvency Assistance | $ | 18,000,000 | $ | 18,000,000 | 85004 | ||||
| 596 | 200-656 | Ohio Career Information System | $ | 529,761 | $ | 529,761 | 85005 | ||||
| TOTAL GSF General Services | 85006 | ||||||||||
| Fund Group | $ | 32,859,010 | $ | 32,990,184 | 85007 | ||||||
| Federal Special Revenue Fund Group | 85008 |
| 3AF | 200-603 | Schools Medicaid Administrative Claims | $ | 1,000,000 | $ | 1,000,000 | 85009 | ||||
| 3C5 | 200-661 | Early Childhood Education | $ | 23,874,338 | $ | 23,874,338 | 85010 | ||||
| 3D1 | 200-664 | Drug Free Schools | $ | 13,347,966 | $ | 13,347,966 | 85011 | ||||
| 3D2 | 200-667 | Honors Scholarship Program | $ | 5,812,903 | $ | 5,833,965 | 85012 | ||||
| 3H9 | 200-605 | Head Start Collaboration Project | $ | 275,000 | $ | 275,000 | 85013 | ||||
| 3L6 | 200-617 | Federal School Lunch | $ | 220,256,132 | $ | 227,583,653 | 85014 | ||||
| 3L7 | 200-618 | Federal School Breakfast | $ | 56,382,851 | $ | 58,405,608 | 85015 | ||||
| 3L8 | 200-619 | Child/Adult Food Programs | $ | 66,590,622 | $ | 67,915,843 | 85016 | ||||
| 3L9 | 200-621 | Career-Technical Education Basic Grant | $ | 48,029,701 | $ | 48,029,701 | 85017 | ||||
| 3M0 | 200-623 | ESEA Title 1A | $ | 440,260,178 | $ | 461,026,070 | 85018 | ||||
| 3M1 | 200-678 | Innovative Education | $ | 11,800,000 | $ | 11,800,000 | 85019 | ||||
| 3M2 | 200-680 | Individuals with Disabilities Education Act | $ | 513,058,569 | $ | 605,581,547 | 85020 | ||||
| 3S2 | 200-641 | Education Technology | $ | 20,800,000 | $ | 20,800,000 | 85021 | ||||
| 3T4 | 200-613 | Public Charter Schools | $ | 22,000,000 | $ | 22,000,000 | 85022 | ||||
| 3U2 | 200-662 | Teacher Quality Enhancement Grants | $ | 795,280 | $ | 795,280 | 85023 | ||||
| 3X5 | 200-684 | School Renovation/IDEA | $ | 2,200,000 | $ | 0 | 85024 | ||||
| 3Y2 | 200-688 | 21st Century Community Learning Centers | $ | 30,681,554 | $ | 30,681,554 | 85025 | ||||
| 3Y4 | 200-632 | Reading First | $ | 50,775,637 | $ | 31,215,798 | 85026 | ||||
| 3Y5 | 200-634 | Community Service Grants | $ | 1,000,000 | $ | 0 | 85027 | ||||
| 3Y6 | 200-635 | Improving Teacher Quality | $ | 107,000,000 | $ | 107,000,000 | 85028 | ||||
| 3Y7 | 200-689 | English Language Acquisition | $ | 8,500,000 | $ | 9,000,000 | 85029 | ||||
| 3Y8 | 200-639 | Rural and Low Income | $ | 1,700,000 | $ | 1,700,000 | 85030 | ||||
| 3Z2 | 200-690 | State Assessments | $ | 12,681,031 | $ | 12,883,799 | 85031 | ||||
| 3Z3 | 200-645 | Consolidated USDE Administration | $ | 9,200,000 | $ | 9,200,000 | 85032 | ||||
| 309 | 200-601 | Educationally Disadvantaged | $ | 19,658,846 | $ | 19,658,846 | 85033 | ||||
| 366 | 200-604 | Adult Basic Education | $ | 18,500,000 | $ | 18,500,000 | 85034 | ||||
| 367 | 200-607 | School Food Services | $ | 11,383,637 | $ | 11,666,732 | 85035 | ||||
| 368 | 200-614 | Veterans' Training | $ | 672,961 | $ | 691,130 | 85036 | ||||
| 369 | 200-616 | Career-Technical Education Federal Enhancement | $ | 6,500,000 | $ | 6,500,000 | 85037 | ||||
| 370 | 200-624 | Education of Exceptional Children | $ | 2,386,610 | $ | 2,386,610 | 85038 | ||||
| 371 | 200-631 | Immigrant Education Opportunities | $ | 400,000 | $ | 400,000 | 85039 | ||||
| 374 | 200-647 | Troops to Teachers | $ | 1,600,000 | $ | 0 | 85040 | ||||
| 378 | 200-660 | Learn and Serve | $ | 1,200,000 | $ | 1,200,000 | 85041 | ||||
| TOTAL FED Federal Special | 85042 | ||||||||||
| Revenue Fund Group | $ | 1,730,323,816 | $ | 1,830,953,440 | 85043 | ||||||
| State Special Revenue Fund Group | 85044 |
| 4R7 | 200-695 | Indirect Operational Support | $ | 5,382,864 | $ | 5,449,748 | 85045 | ||||
| 4V7 | 200-633 | Interagency Operational Support | $ | 500,000 | $ | 500,000 | 85046 | ||||
| 454 | 200-610 | Guidance and Testing | $ | 400,000 | $ | 400,000 | 85047 | ||||
| 455 | 200-608 | Commodity Foods | $ | 24,000,000 | $ | 24,000,000 | 85048 | ||||
| 5BB | 200-696 | State Action for Education Leadership | $ | 1,200,000 | $ | 1,200,000 | 85049 | ||||
| 5BJ | 200-626 | Half-Mill Maintenance Equalization | $ | 0 | $ | 10,700,000 | 85050 | ||||
| 5U2 | 200-685 | National Education Statistics | $ | 300,000 | $ | 300,000 | 85051 | ||||
| 5W2 | 200-663 | Early Learning Initiative | $ | 106,580,000 | $ | 127,456,000 | 85052 | ||||
| 598 | 200-659 | Auxiliary Services Reimbursement | $ | 1,328,910 | $ | 1,328,910 | 85053 | ||||
| 620 | 200-615 | Educational Improvement Grants | $ | 1,000,000 | $ | 1,000,000 | 85054 | ||||
| TOTAL SSR State Special Revenue | 85055 | ||||||||||
| Fund Group | $ | 140,691,774 | $ | 172,334,658 | 85056 | ||||||
| Lottery Profits Education Fund Group | 85057 |
| 017 | 200-612 | Foundation Funding | $ | 606,208,300 | $ | 606,296,800 | 85058 | ||||
| 017 | 200-682 | Lease Rental Payment Reimbursement | $ | 31,691,700 | $ | 31,603,200 | 85059 | ||||
| TOTAL LPE Lottery Profits | 85060 | ||||||||||
| Education Fund Group | $ | 637,900,000 | $ | 637,900,000 | 85061 | ||||||
| Revenue Distribution Fund Group | 85062 |
| 047 | 200-900 | School District Property Tax Replacement-Business | $ | 38,810,000 | $ | 291,010,000 | 85063 | ||||
| 053 | 200-900 | School District Property Tax Replacement-Utility | $ | 116,647,522 | $ | 101,647,522 | 85064 | ||||
| TOTAL RDF Revenue Distribution | 85065 | ||||||||||
| Fund Group | $ | 155,457,522 | $ | 392,657,522 | 85066 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 10,182,637,895 | $ | 10,650,103,623 | 85067 | ||||||
| Section 206.09.03. MAINTENANCE AND EQUIPMENT | 85069 |
| Of the foregoing appropriation item 200-320, Maintenance and | 85070 |
| Equipment, up to $25,000 may be expended in each fiscal year for | 85071 |
| State Board of Education out-of-state travel. | 85072 |
| Section 206.09.06. EARLY CHILDHOOD EDUCATION | 85073 |
| The Department of Education shall distribute the foregoing | 85074 |
| appropriation item 200-408, Early Childhood Education, to pay the | 85075 |
| costs of comprehensive early childhood education programs. As used | 85076 |
| in this section, "provider" means a city, local, exempted village, | 85077 |
| or joint vocational school district, or an educational service | 85078 |
| center. | 85079 |
| (A) In each fiscal year, up to two per cent of the total | 85080 |
| appropriation may be used by the Department for program support | 85081 |
| and technical assistance. The Department shall distribute the | 85082 |
| remainder of the appropriation in each fiscal year to serve | 85083 |
| children from families earning not more than 200 per cent of the | 85084 |
| federal poverty guidelines. | 85085 |
| (B) The Department shall provide an annual report to the | 85086 |
| Governor, the Speaker of the House of Representatives, and the | 85087 |
| President of the Senate and post the report to the Department's | 85088 |
| web site, regarding early childhood education programs operated | 85089 |
| under this section and the early learning program guidelines for | 85090 |
| school readiness. | 85091 |
| (C) For purposes of this section, "eligible child" means a | 85092 |
| child who is at least three years of age, is not of the age to be | 85093 |
| eligible for kindergarten, and whose family earns not more than | 85094 |
| 200 per cent of the federal poverty guidelines. | 85095 |
| (D) After setting aside the amounts to make payments due from | 85096 |
| the previous fiscal year, in fiscal year 2006, the Department | 85097 |
| shall distribute funds first to recipients of funds for public | 85098 |
| preschool programs under Section 41.02 of Am. Sub. H.B. 95 of the | 85099 |
| 125th General Assembly in the previous fiscal year and the balance | 85100 |
| to new providers of early childhood education programs under this | 85101 |
| section. After setting aside the amounts to make payments due from | 85102 |
| the previous fiscal year, in fiscal year 2007, the Department | 85103 |
| shall distribute funds first to providers of early childhood | 85104 |
| education programs under this section in the previous fiscal year | 85105 |
| and the balance to new providers. Awards under this section shall | 85106 |
| be distributed on a per-pupil basis, which the Department may | 85107 |
| adjust so that the per-pupil amount multiplied by the number of | 85108 |
| eligible children enrolled and receiving services, as defined by | 85109 |
| the Department, reported on the first day of December or the first | 85110 |
| business day following that date equals the amount allocated under | 85111 |
| division (A) of this section. The Department may increase the | 85112 |
| per-pupil amount by a reasonable percentage for inflation, to be | 85113 |
| determined by the Department. | 85114 |
| The Department may reallocate unobligated or unspent money to | 85115 |
| participating providers for purposes of program expansion, | 85116 |
| improvement, or special projects to promote quality and | 85117 |
| innovation. | 85118 |
| (E) Costs for developing and administering an early childhood | 85119 |
| education program may not exceed fifteen per cent of the total | 85120 |
| approved costs of the program. | 85121 |
| All providers shall maintain such fiscal control and | 85122 |
| accounting procedures as may be necessary to ensure the | 85123 |
| disbursement of, and accounting for, these funds. The control of | 85124 |
| funds provided in this program, and title to property obtained | 85125 |
| therefrom, shall be under the authority of the approved provider | 85126 |
| for purposes provided in the program unless, as described in | 85127 |
| division (I) of this section, the program waives its right for | 85128 |
| funding or a program's funding is eliminated or reduced due to its | 85129 |
| inability to meet financial or early learning program guidelines | 85130 |
| for school readiness. The approved provider shall administer and | 85131 |
| use such property and funds for the purposes specified. | 85132 |
| (F) The Department may examine a provider's financial and | 85133 |
| program records. If the financial practices of the program are not | 85134 |
| in accordance with standard accounting principles or do not meet | 85135 |
| financial standards outlined under division (E) of this section, | 85136 |
| or if the program fails to substantially meet the early learning | 85137 |
| program guidelines for school readiness or exhibits below average | 85138 |
| performance as measured against the guidelines, the early | 85139 |
| childhood education program shall propose and implement a | 85140 |
| corrective action plan that has been approved by the Department. | 85141 |
| The approved corrective action plan shall be signed by the chief | 85142 |
| executive officer and the executive of the official governing body | 85143 |
| of the provider. The corrective action plan shall include a | 85144 |
| schedule for monitoring by the Department. Such monitoring may | 85145 |
| include monthly reports, inspections, a timeline for correction of | 85146 |
| deficiencies, and technical assistance to be provided by the | 85147 |
| Department or obtained by the early childhood education program. | 85148 |
| The Department may withhold funding pending corrective action. If | 85149 |
| an early childhood education program fails to satisfactorily | 85150 |
| complete a corrective action plan, the Department may deny | 85151 |
| expansion funding to the program or withdraw all or part of the | 85152 |
| funding to the program and establish a new provider through a | 85153 |
| competitive bidding process established by the Department. | 85154 |
| (G) Each early childhood education program shall do all of | 85155 |
| the following: | 85156 |
| (1) Meet teacher qualification requirements prescribed by | 85157 |
| section 3301.311 of the Revised Code; | 85158 |
| (2) Align curriculum to the early learning program guidelines | 85159 |
| for school readiness; | 85160 |
| (3) Meet any assessment requirements prescribed by section | 85161 |
| 3301.0715 of the Revised Code that are applicable to the program; | 85162 |
| (4) Require teachers, including teachers enrolled and working | 85163 |
| to obtain a degree pursuant to section 3301.311 of the Revised | 85164 |
| Code, to attend a minimum of twenty hours per year of professional | 85165 |
| development as prescribed by the Department regarding the | 85166 |
| implementation of content standards and assessments; | 85167 |
| (5) Document and report child progress in meeting the early | 85168 |
| learning program guidelines for school readiness. | 85169 |
| (H) Each provider shall develop a sliding fee scale based on | 85170 |
| family incomes and shall charge families who earn more than the | 85171 |
| federal poverty guidelines for the early childhood education | 85172 |
| program. | 85173 |
| (I) If an early childhood education program voluntarily | 85174 |
| waives its right for funding, or has its funding eliminated for | 85175 |
| not meeting financial standards or the early learning program | 85176 |
| guidelines for school readiness, the provider shall transfer | 85177 |
| control of title to property, equipment, and remaining supplies | 85178 |
| obtained through the program to providers designated by the | 85179 |
| Department and return any unexpended funds to the Department along | 85180 |
| with any reports prescribed by the Department. The funding made | 85181 |
| available from a program that waives its right for funding or has | 85182 |
| its funding eliminated or reduced may be used by the Department | 85183 |
| for new grant awards or expansion grants. The Department may award | 85184 |
| new grants or expansion grants to eligible providers who apply. | 85185 |
| The eligible providers who apply must do so in accordance with the | 85186 |
| competitive bidding process established by the Department. | 85187 |
| (J) As used in this section, "early learning program | 85188 |
| guidelines for school readiness" means the guidelines established | 85189 |
| by the Department pursuant to division (C)(3) of Section 206.09.54 | 85190 |
| of this act. | 85191 |
| Section 206.09.09. EDUCATOR TRAINING | 85192 |
| The foregoing appropriation item 200-410, Educator Training, | 85193 |
| shall be used to fund professional development programs in Ohio. | 85194 |
| The Department of Education shall, when possible, incorporate | 85195 |
| cultural competency as a component of professional development and | 85196 |
| actively promote the development of cultural competency in the | 85197 |
| operation of its professional development programs. As used in | 85198 |
| this section, "cultural competency" has the meaning specified by | 85199 |
| the Educator Standards Board under section 3319.61 of the Revised | 85200 |
| Code. | 85201 |
| Of the foregoing appropriation item 200-410, Educator | 85202 |
| Training, up to $7,850,000 in fiscal year 2006 and up to | 85203 |
| $8,250,000 in fiscal year 2007 shall be used by the Department of | 85204 |
| Education to provide grants to pay $2,000 of the application fee | 85205 |
| in order to assist teachers from public and chartered nonpublic | 85206 |
| schools applying for the first time to the National Board for | 85207 |
| Professional Teaching Standards for professional teaching | 85208 |
| certificates or licenses that the board offers. This set aside | 85209 |
| shall also be used to recognize and reward teachers who become | 85210 |
| certified by the National Board for Professional Teaching | 85211 |
| Standards under section 3319.55 of the Revised Code. Up to | 85212 |
| $300,000 in each fiscal year of this set aside may be used by the | 85213 |
| Department to pay for costs associated with activities to support | 85214 |
| candidates through the application and certification process. | 85215 |
| These moneys shall be used to pay up to the first 400 | 85216 |
| applications in each fiscal year received by the Department. | 85217 |
| Of the foregoing appropriation item 200-410, Educator | 85218 |
| Training, up to $9,515,817 in each fiscal year shall be allocated | 85219 |
| for entry year programs. These funds shall be used to support | 85220 |
| mentoring services and performance assessments of beginning | 85221 |
| teachers in school districts and chartered nonpublic schools. | 85222 |
| Of the foregoing appropriation item 200-410, Educator | 85223 |
| Training, up to $200,000 in each fiscal year shall be used to | 85224 |
| provide technical assistance and grants for districts to develop | 85225 |
| local knowledge/skills-based compensation systems (Teacher | 85226 |
| Advancement Program). Each district receiving grants shall issue | 85227 |
| an annual report to the Department of Education detailing the use | 85228 |
| of the funds and the impact of the system developed by the | 85229 |
| district. | 85230 |
| Of the foregoing appropriation item 200-410, Educator | 85231 |
| Training, up to $350,000 in each fiscal year shall be used for | 85232 |
| training and professional development of school administrators, | 85233 |
| school treasurers, and school business officials. | 85234 |
| Of the foregoing appropriation item 200-410, Educator | 85235 |
| Training, up to $100,000 in fiscal year 2007 shall be used by the | 85236 |
| Department of Education to develop a supply and demand report that | 85237 |
| describes the availability of quality educators and critical | 85238 |
| educator shortage areas in Ohio. | 85239 |
| Of the foregoing appropriation item 200-410, Educator | 85240 |
| Training, up to $885,740 in each fiscal year shall be used for | 85241 |
| educator recruitment programs targeting shortage areas, including | 85242 |
| recruiting highly qualified minority candidates into teaching and | 85243 |
| recruiting prospective mathematics and science teachers. The funds | 85244 |
| also may be used to provide an alternative route to licensure for | 85245 |
| principals and other administrators. | 85246 |
| Of the foregoing appropriation item 200-410, Educator | 85247 |
| Training, up to $187,500 in each fiscal year shall be used by the | 85248 |
| Department of Education to identify hard-to-staff schools and to | 85249 |
| provide incentives for highly qualified teachers to teach in these | 85250 |
| schools. Stipends shall be provided to teachers with at least | 85251 |
| three years of experience who teach in the areas of special | 85252 |
| education or middle or high school mathematics or science. | 85253 |
| Of the foregoing appropriation item 200-410, Educator | 85254 |
| Training, up to $63,000 in each fiscal year shall be used to | 85255 |
| support the Ohio University Leadership Program. | 85256 |
| Of the foregoing appropriation item 200-410, Educator | 85257 |
| Training, $250,000 in each fiscal year shall be used to support | 85258 |
| the Ohio School Leadership Institute. | 85259 |
| Section 206.09.10. CAREER-TECHNICAL EDUCATION MATCH | 85260 |
| The foregoing appropriation item 200-416, Career-Technical | 85261 |
| Education Match, shall be used by the Department of Education to | 85262 |
| provide vocational administration matching funds under 20 U.S.C. | 85263 |
| 2311. | 85264 |
| Section 206.09.12. COMPUTER/APPLICATION/NETWORK DEVELOPMENT | 85265 |
| The foregoing appropriation item 200-420, | 85266 |
| Computer/Application/Network Development, shall be used to support | 85267 |
| the development and implementation of information technology | 85268 |
| solutions designed to improve the performance and services of the | 85269 |
| Department of Education. Funds may be used for personnel, | 85270 |
| maintenance, and equipment costs related to the development and | 85271 |
| implementation of these technical system projects. Implementation | 85272 |
| of these systems shall allow the Department to provide greater | 85273 |
| levels of assistance to school districts and to provide more | 85274 |
| timely information to the public, including school districts, | 85275 |
| administrators, and legislators. | 85276 |
| ALTERNATIVE EDUCATION PROGRAMS | 85277 |
| There is hereby created the Alternative Education Advisory | 85278 |
| Council, which shall consist of one representative from each of | 85279 |
| the following agencies: the Ohio Department of Education; the | 85280 |
| Department of Youth Services; the Ohio Department of Alcohol and | 85281 |
| Drug Addiction Services; the Department of Mental Health; the | 85282 |
| Office of the Governor or, at the Governor's discretion, the | 85283 |
| Office of the Lieutenant Governor; the Office of the Attorney | 85284 |
| General; and the Office of the Auditor of State. | 85285 |
| Of the foregoing appropriation item 200-421, Alternative | 85286 |
| Education Programs, up to $6,227,310 in each fiscal year shall be | 85287 |
| used for the renewal of successful implementation grants and for | 85288 |
| competitive matching grants to the 21 urban school districts as | 85289 |
| defined in division (O) of section 3317.02 of the Revised Code as | 85290 |
| it existed prior to July 1, 1998, and up to $6,408,074 in each | 85291 |
| fiscal year shall be used for the renewal of successful | 85292 |
| implementation grants and for competitive matching grants to rural | 85293 |
| and suburban school districts for alternative educational programs | 85294 |
| for existing and new at-risk and delinquent youth. Programs shall | 85295 |
| be focused on youth in one or more of the following categories: | 85296 |
| those who have been expelled or suspended, those who have dropped | 85297 |
| out of school or who are at risk of dropping out of school, those | 85298 |
| who are habitually truant or disruptive, or those on probation or | 85299 |
| on parole from a Department of Youth Services facility. Grants | 85300 |
| shall be awarded according to the criteria established by the | 85301 |
| Alternative Education Advisory Council in 1999. Grants shall be | 85302 |
| awarded only to programs in which the grant will not serve as the | 85303 |
| program's primary source of funding. These grants shall be | 85304 |
| administered by the Department of Education. | 85305 |
| The Department of Education may waive compliance with any | 85306 |
| minimum education standard established under section 3301.07 of | 85307 |
| the Revised Code for any alternative school that receives a grant | 85308 |
| under this section on the grounds that the waiver will enable the | 85309 |
| program to more effectively educate students enrolled in the | 85310 |
| alternative school. | 85311 |
| Of the foregoing appropriation item 200-421, Alternative | 85312 |
| Education Programs, up to $422,281 in each fiscal year may be used | 85313 |
| for program administration, monitoring, technical assistance, | 85314 |
| support, research, and evaluation. Any unexpended balance may be | 85315 |
| used to provide additional matching grants to urban, suburban, or | 85316 |
| rural school districts as outlined above. | 85317 |
| Of the foregoing appropriation item 200-421, Alternative | 85318 |
| Education Programs, up to $675,000 in fiscal year 2006 and up to | 85319 |
| $500,000 in fiscal year 2007 may be used by the Department of | 85320 |
| Education to administer the Educational Choice Scholarship Pilot | 85321 |
| Program established under section 3310.02 of the Revised Code. | 85322 |
| Of the foregoing appropriation item 200-421, Alternative | 85323 |
| Education Programs, $75,000 in each fiscal year shall be used to | 85324 |
| support the Toledo Tech Academy. | 85325 |
| Of the foregoing appropriation item 200-421, Alternative | 85326 |
| Education Programs, $100,000 in each fiscal year shall be used for | 85327 |
| the Youth Opportunities United, Inc. | 85328 |
| SCHOOL MANAGEMENT ASSISTANCE | 85329 |
| Of the foregoing appropriation item 200-422, School | 85330 |
| Management Assistance, up to $1,315,000 in each fiscal year shall | 85331 |
| be used by the Auditor of State in consultation with the | 85332 |
| Department of Education for expenses incurred in the Auditor of | 85333 |
| State's role relating to fiscal caution, fiscal watch, and fiscal | 85334 |
| emergency activities as defined in Chapter 3316. of the Revised | 85335 |
| Code and may also be used to conduct performance audits consistent | 85336 |
| with the recommendations of the Governor's Blue Ribbon Task Force | 85337 |
| on Financing Student Success, with priority given to districts in | 85338 |
| fiscal distress. Expenses include duties related to the completion | 85339 |
| of performance audits for school districts that the Superintendent | 85340 |
| of Public Instruction determines are employing fiscal practices or | 85341 |
| experiencing budgetary conditions that could produce a state of | 85342 |
| fiscal watch or fiscal emergency. | 85343 |
| The remainder of foregoing appropriation item 200-422, School | 85344 |
| Management Assistance, shall be used by the Department of | 85345 |
| Education to provide fiscal technical assistance and inservice | 85346 |
| education for school district management personnel and to | 85347 |
| administer, monitor, and implement the fiscal watch and fiscal | 85348 |
| emergency provisions under Chapter 3316. of the Revised Code. | 85349 |
| POLICY ANALYSIS | 85350 |
| The foregoing appropriation item 200-424, Policy Analysis, | 85351 |
| shall be used by the Department of Education to support a system | 85352 |
| of administrative, statistical, and legislative education | 85353 |
| information to be used for policy analysis. Staff supported by | 85354 |
| this appropriation shall administer the development of reports, | 85355 |
| analyses, and briefings to inform education policymakers of | 85356 |
| current trends in education practice, efficient and effective use | 85357 |
| of resources, and evaluation of programs to improve education | 85358 |
| results. The database shall be kept current at all times. These | 85359 |
| research efforts shall be used to supply information and analysis | 85360 |
| of data to the General Assembly and other state policymakers, | 85361 |
| including the Office of Budget and Management and the Legislative | 85362 |
| Service Commission. | 85363 |
| The Department of Education may use funding from this | 85364 |
| appropriation item to purchase or contract for the development of | 85365 |
| software systems or contract for policy studies that will assist | 85366 |
| in the provision and analysis of policy-related information. | 85367 |
| Funding from this appropriation item also may be used to monitor | 85368 |
| and enhance quality assurance for research-based policy analysis | 85369 |
| and program evaluation to enhance the effective use of education | 85370 |
| information to inform education policymakers. | 85371 |
| TECH PREP CONSORTIA SUPPORT | 85372 |
| The foregoing appropriation item 200-425, Tech Prep Consortia | 85373 |
| Support, shall be used by the Department of Education to support | 85374 |
| state-level activities designed to support, promote, and expand | 85375 |
| tech prep programs. Use of these funds shall include, but not be | 85376 |
| limited to, administration of grants, program evaluation, | 85377 |
| professional development, curriculum development, assessment | 85378 |
| development, program promotion, communications, and statewide | 85379 |
| coordination of tech prep consortia. | 85380 |
| OHIO EDUCATIONAL COMPUTER NETWORK | 85381 |
| The foregoing appropriation item 200-426, Ohio Educational | 85382 |
| Computer Network, shall be used by the Department of Education to | 85383 |
| maintain a system of information technology throughout Ohio and to | 85384 |
| provide technical assistance for such a system in support of the | 85385 |
| State Education Technology Plan under section 3301.07 of the | 85386 |
| Revised Code. | 85387 |
| Of the foregoing appropriation item 200-426, Ohio Educational | 85388 |
| Computer Network, up to $18,136,691 in each fiscal year shall be | 85389 |
| used by the Department of Education to support connection of all | 85390 |
| public school buildings and participating chartered nonpublic | 85391 |
| schools to the state's education network, to each other, and to | 85392 |
| the Internet. In each fiscal year the Department of Education | 85393 |
| shall use these funds to assist data acquisition sites or school | 85394 |
| districts with the operational costs associated with this | 85395 |
| connectivity. The Department of Education shall develop a formula | 85396 |
| and guidelines for the distribution of these funds to the data | 85397 |
| acquisition sites or individual school districts. As used in this | 85398 |
| section, "public school building" means a school building of any | 85399 |
| city, local, exempted village, or joint vocational school | 85400 |
| district, any community school established under Chapter 3314. of | 85401 |
| the Revised Code, any educational service center building used for | 85402 |
| instructional purposes, the Ohio School for the Deaf and the Ohio | 85403 |
| School for the Blind, or high schools chartered by the Ohio | 85404 |
| Department of Youth Services and high schools operated by Ohio | 85405 |
| Department of Rehabilitation and Corrections' Ohio Central School | 85406 |
| System. | 85407 |
| Of the foregoing appropriation item 200-426, Ohio Educational | 85408 |
| Computer Network, up to $1,700,000 in each fiscal year shall be | 85409 |
| used for the Union Catalog and InfOhio Network. | 85410 |
| Of the foregoing appropriation item 200-426, Ohio Educational | 85411 |
| Computer Network, up to $8,338,468 in each fiscal year shall be | 85412 |
| used, through a formula and guidelines devised by the department, | 85413 |
| to subsidize the activities of designated data acquisition sites, | 85414 |
| as defined by State Board of Education rules, to provide school | 85415 |
| districts and chartered nonpublic schools with computer-based | 85416 |
| student and teacher instructional and administrative information | 85417 |
| services, including approved computerized financial accounting, | 85418 |
| and to ensure the effective operation of local automated | 85419 |
| administrative and instructional systems. | 85420 |
| Of the foregoing appropriation item 200-426, Ohio Educational | 85421 |
| Computer Network, up to $769,223 in each fiscal year shall be used | 85422 |
| for the INFOhio Network to support the provision of electronic | 85423 |
| resources with priority given to resources that support the | 85424 |
| teaching of state academic content standards to all public | 85425 |
| schools. Consideration shall be given by the Department of | 85426 |
| Education to coordinating the allocation of these moneys with the | 85427 |
| efforts of Libraries Connect Ohio, whose members include OhioLINK, | 85428 |
| the Ohio Public Information Network, and the State Library of | 85429 |
| Ohio. | 85430 |
| The remainder of appropriation item 200-426, Ohio Educational | 85431 |
| Computer Network, shall be used to support development, | 85432 |
| maintenance, and operation of a network of uniform and compatible | 85433 |
| computer-based information and instructional systems. This | 85434 |
| technical assistance shall include, but not be restricted to, | 85435 |
| development and maintenance of adequate computer software systems | 85436 |
| to support network activities. In order to improve the efficiency | 85437 |
| of network activities, the Department and data acquisition sites | 85438 |
| may jointly purchase equipment, materials, and services from funds | 85439 |
| provided under this appropriation for use by the network and, when | 85440 |
| considered practical by the Department, may utilize the services | 85441 |
| of appropriate state purchasing agencies. | 85442 |
| ACADEMIC STANDARDS | 85443 |
| Of the foregoing appropriation item 200-427, Academic | 85444 |
| Standards, up to $747,912 in each fiscal year shall be used to | 85445 |
| provide funds to school districts that have one or more teachers | 85446 |
| participating in the teachers-on-loan program. | 85447 |
| Of the foregoing appropriation item 200-427, Academic | 85448 |
| Standards, $150,000 in each fiscal year shall be used by the | 85449 |
| Department in combination with funding earmarked for this purpose | 85450 |
| in the Board of Regents' budget under appropriation item 235-321, | 85451 |
| Operating Expenses. Such funding shall be used to support Ohio's | 85452 |
| Partnership for Continued Learning at the direction of the Office | 85453 |
| of the Governor. Ohio's Partnership for Continued Learning | 85454 |
| replaces and broadens the former Joint Council of the Department | 85455 |
| of Education and the Board of Regents. The Partnership shall | 85456 |
| advise and make recommendations to promote collaboration among | 85457 |
| relevant state entities in an effort to help local communities | 85458 |
| develop coherent and successful "P-16" learning systems. The | 85459 |
| Governor, or the Governor's designee, shall serve as the | 85460 |
| chairperson. | 85461 |
| Of the foregoing appropriation item 200-427, Academic | 85462 |
| Standards, $1,000,000 in each fiscal year shall be used for | 85463 |
| Project Lead the Way leadership and management oversight and | 85464 |
| initial and continuing support of Project Lead the Way workforce | 85465 |
| development programs in participating school districts. Project | 85466 |
| Lead the Way is a program that supports students interested in | 85467 |
| pursuing engineering professions and stimulates growth of career | 85468 |
| pathways that meet business and industry workforce needs. | 85469 |
| Of the foregoing appropriation item 200-427, Academic | 85470 |
| Standards, up to $2,600,000 in each fiscal year shall be used for | 85471 |
| intensive teacher professional development institutes that focus | 85472 |
| on classroom implementation of the mathematics standards. | 85473 |
| Of the foregoing appropriation item 200-427, Academic | 85474 |
| Standards, $200,000 in each fiscal year may be used to support the | 85475 |
| Ohio Resource Center for Math and Science. | 85476 |
| Of the foregoing appropriation item 200-427, Academic | 85477 |
| Standards, up to $282,000 in each fiscal year shall be used for | 85478 |
| the JASON Expedition project that provides statewide access to | 85479 |
| JASON Expedition content. Funds shall be used to provide | 85480 |
| professional development training for teachers participating in | 85481 |
| the project, statewide management, and a seventy-five per cent | 85482 |
| subsidy for statewide licensing of JASON Expedition content with | 85483 |
| priority given to content aligned with state academic content | 85484 |
| standards for approximately 90,000 middle school students | 85485 |
| statewide. | 85486 |
| Of the foregoing appropriation item 200-427, Academic | 85487 |
| Standards, $285,000 in each fiscal year shall be used for the Ohio | 85488 |
| Science Institute (OSCI). | 85489 |
| The remainder of appropriation item 200-427, Academic | 85490 |
| Standards, shall be used by the Department of Education to develop | 85491 |
| and communicate to school districts academic content standards and | 85492 |
| curriculum models. | 85493 |
| Section 206.09.15. SCHOOL IMPROVEMENT INITIATIVES | 85494 |
| Of the foregoing appropriation item 200-431, School | 85495 |
| Improvement Initiatives, $300,000 in fiscal year 2006 and $450,000 | 85496 |
| in fiscal year 2007 shall be used for Ohio's Rural Appalachian | 85497 |
| Leadership Development Initiative. | 85498 |
| Of the foregoing appropriation item 200-431, School | 85499 |
| Improvement Initiatives, up to $601,165 in each fiscal year shall | 85500 |
| be used by the Department of Education to contract with | 85501 |
| educational media centers to provide Ohio public schools with | 85502 |
| instructional resources and services with priority given to | 85503 |
| resources and services aligned with state academic content | 85504 |
| standards. | 85505 |
| Of the foregoing appropriation item 200-431, School | 85506 |
| Improvement Initiatives, up to $13,972,949 in fiscal year 2006 and | 85507 |
| $13,672,678 in fiscal year 2007 shall be used to provide technical | 85508 |
| assistance to school districts that are declared to be in a state | 85509 |
| of academic watch or academic emergency under section 3302.03 of | 85510 |
| the Revised Code, to provide support to districts in the | 85511 |
| development and implementation of their continuous improvement | 85512 |
| plans as required in section 3302.04 of the Revised Code, to | 85513 |
| support a statewide comprehensive system of field relations that | 85514 |
| support local educators' abilities to foster academic achievement | 85515 |
| in the students they serve, and to provide technical assistance | 85516 |
| and support in accordance with Title I of the "No Child Left | 85517 |
| Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317. The field | 85518 |
| relations system shall include training that assists educators, | 85519 |
| school leadership, and technical assistance providers in | 85520 |
| understanding and implementing standards-based education, data | 85521 |
| analysis, and development of assessment systems for quality | 85522 |
| instruction. | 85523 |
| Of the foregoing appropriation item 200-431, School | 85524 |
| Improvement Initiatives, up to $315,000 in each fiscal year shall | 85525 |
| be used to reduce the dropout rate by addressing the academic and | 85526 |
| social problems of inner-city students through Project GRAD. | 85527 |
| Of the foregoing appropriation item 200-431, School | 85528 |
| Improvement Initiatives, $1,574,535 in fiscal year 2006 and | 85529 |
| $2,753,985 in fiscal year 2007 shall be used in conjunction with | 85530 |
| funding provided in the Board of Regents' budget under | 85531 |
| appropriation item 235-434, College Readiness and Access, to | 85532 |
| create early college high schools, which are small, autonomous | 85533 |
| schools that blend high school and college into a coherent | 85534 |
| educational program. | 85535 |
| Of the foregoing appropriation item 200-431, School | 85536 |
| Improvement Initiatives, up to $2,935,000 in fiscal year 2006 and | 85537 |
| up to $4,935,000 in fiscal year 2007 shall be used in partnership | 85538 |
| with nonprofit groups with expertise in converting existing large | 85539 |
| urban high schools into small, personalized high schools. | 85540 |
| Districts eligible for such funding include the Urban 21 high | 85541 |
| schools, as defined in division (O) of section 3317.02 of the | 85542 |
| Revised Code as it existed prior to July 1, 1998. | 85543 |
| Of the foregoing appropriation item 200-431, School | 85544 |
| Improvement Initiatives, up to $65,000 in each fiscal year shall | 85545 |
| be provided to Southern State Community College for the Pilot | 85546 |
| Post-Secondary Enrollment Options Program with Miami Trace High | 85547 |
| School. | 85548 |
| Of the foregoing appropriation item 200-431, School | 85549 |
| Improvement Initiatives, $1,000,000 in each fiscal year shall be | 85550 |
| used to support Jobs for Ohio Graduates (JOG). The Department of | 85551 |
| Education shall require a two-to-one match of local funding to | 85552 |
| state funding before releasing these funds to JOG. | 85553 |
| READING/WRITING IMPROVEMENT-PROFESSIONAL DEVELOPMENT | 85554 |
| Of the foregoing appropriation item 200-433, Reading/Writing | 85555 |
| Improvement-Professional Development, up to $9,790,000 in each | 85556 |
| fiscal year shall be used for educator training in literacy for | 85557 |
| classroom teachers, administrators, and literacy specialists. | 85558 |
| Of the foregoing appropriation item 200-433, Reading/Writing | 85559 |
| Improvement-Professional Development, up to $5,000,000 in each | 85560 |
| fiscal year shall be used to support literacy professional | 85561 |
| development partnerships between the Department of Education, | 85562 |
| higher education institutions, literacy networks, and school | 85563 |
| districts. | 85564 |
| Of the foregoing appropriation item 200-433, Reading/Writing | 85565 |
| Improvement–Professional Development, up to $900,000 in each | 85566 |
| fiscal year shall be used by the Department of Education to fund | 85567 |
| the Reading Recovery Training Network, to cover the cost of | 85568 |
| release time for the teacher trainers, and to provide grants to | 85569 |
| districts to implement other reading improvement programs on a | 85570 |
| pilot basis. Funds from this set-aside also may be used to conduct | 85571 |
| evaluations of the impact and effectiveness of Reading Recovery | 85572 |
| and other reading improvement programs. | 85573 |
| Of the foregoing appropriation item 200-433, Reading/Writing | 85574 |
| Improvement-Professional Development, up to $250,000 in each | 85575 |
| fiscal year shall be used for the Waterford Early Reading Program. | 85576 |
| The remainder of appropriation item 200-433, Reading/Writing | 85577 |
| Improvement-Professional Development, shall be used by the | 85578 |
| Department of Education to provide administrative support of | 85579 |
| literacy professional development programs. | 85580 |
| STUDENT ASSESSMENT | 85581 |
| The foregoing appropriation item 200-437, Student Assessment, | 85582 |
| shall be used to develop, field test, print, distribute, score, | 85583 |
| report results, and support other associated costs for the tests | 85584 |
| required under sections 3301.0710 and 3301.0711 of the Revised | 85585 |
| Code and for similar purposes as required by section 3301.27 of | 85586 |
| the Revised Code. | 85587 |
| ACCOUNTABILITY/REPORT CARDS | 85588 |
| Of the foregoing appropriation item 200-439, | 85589 |
| Accountability/Report Cards, up to $200,100 in fiscal year 2006 | 85590 |
| and up to $3,778,540 in fiscal year 2007 shall be used by the | 85591 |
| Department of Education to incorporate a statewide pilot | 85592 |
| value-added progress dimension into performance ratings for school | 85593 |
| districts and to train regional specialists. This funding shall be | 85594 |
| used in consultation with a credible nonprofit organization with | 85595 |
| expertise in value-added progress dimensions. | 85596 |
| The remainder of the appropriation item 200-439, | 85597 |
| Accountability/Report Cards, shall be used for the development of | 85598 |
| an accountability system that includes the preparation and | 85599 |
| distribution of school report cards under section 3302.03 of the | 85600 |
| Revised Code. | 85601 |
| CHILD CARE LICENSING | 85602 |
| The foregoing appropriation item 200-442, Child Care | 85603 |
| Licensing, shall be used by the Department of Education to license | 85604 |
| and to inspect preschool and school-age child care programs under | 85605 |
| sections 3301.52 to 3301.59 of the Revised Code. | 85606 |
| OHIOREADS VOLUNTEER SUPPORT | 85607 |
| The foregoing appropriation item 200-445, OhioReads Volunteer | 85608 |
| Support, may be allocated by the Department of Education for | 85609 |
| volunteer coordinators in public school buildings, for background | 85610 |
| checks for volunteers, to evaluate programs, and to develop, | 85611 |
| implement, and support literacy improvement activities and | 85612 |
| interventions for students in grades kindergarten through twelve. | 85613 |
| Section 206.09.18. EDUCATION MANAGEMENT INFORMATION SYSTEM | 85614 |
| The foregoing appropriation item 200-446, Education | 85615 |
| Management Information System, shall be used by the Department of | 85616 |
| Education to improve the Education Management Information System | 85617 |
| (EMIS). | 85618 |
| Of the foregoing appropriation item 200-446, Education | 85619 |
| Management Information System, up to $1,295,857 in each fiscal | 85620 |
| year shall be distributed to designated data acquisition sites for | 85621 |
| costs relating to processing, storing, and transferring data for | 85622 |
| the effective operation of the EMIS. These costs may include, but | 85623 |
| are not limited to, personnel, hardware, software development, | 85624 |
| communications connectivity, professional development, and support | 85625 |
| services, and to provide services to participate in the State | 85626 |
| Education Technology Plan pursuant to section 3301.07 of the | 85627 |
| Revised Code. | 85628 |
| Of the foregoing appropriation item 200-446, Education | 85629 |
| Management Information System, up to $8,055,189 in each fiscal | 85630 |
| year shall be distributed on a per-pupil basis to school | 85631 |
| districts, community schools established under Chapter 3314. of | 85632 |
| the Revised Code, educational service centers, joint vocational | 85633 |
| school districts, and any other education entity that reports data | 85634 |
| through EMIS. From this funding, each school district or community | 85635 |
| school established under Chapter 3314. of the Revised Code with | 85636 |
| enrollment greater than 100 students and each vocational school | 85637 |
| district shall receive a minimum of $5,000 in each fiscal year. | 85638 |
| Each school district or community school established under Chapter | 85639 |
| 3314. of the Revised Code with enrollment between one and one | 85640 |
| hundred and each educational service center and each county board | 85641 |
| of MR/DD that submits data through EMIS shall receive $3,000 in | 85642 |
| each fiscal year. This subsidy shall be used for costs relating to | 85643 |
| reporting, processing, storing, transferring, and exchanging data | 85644 |
| necessary to meet requirements of the Department of Education's | 85645 |
| data system. | 85646 |
| The remainder of appropriation item 200-446, Education | 85647 |
| Management Information System, shall be used to develop and | 85648 |
| support a common core of data definitions and standards as adopted | 85649 |
| by the Education Data Advisory Council, including the ongoing | 85650 |
| development and maintenance of the data dictionary and data | 85651 |
| warehouse. In addition, such funds shall be used to support the | 85652 |
| development and implementation of data standards and the design, | 85653 |
| development, and implementation of a new data exchange system. | 85654 |
| Any provider of software meeting the standards approved by | 85655 |
| the Education Data Advisory Council shall be designated as an | 85656 |
| approved vendor and may enter into contracts with local school | 85657 |
| districts, community schools, data acquisition centers, or other | 85658 |
| educational entities for the purpose of collecting and managing | 85659 |
| data required under Ohio's education management information system | 85660 |
| (EMIS) laws. On an annual basis, the Department of Education shall | 85661 |
| convene an advisory group of school districts, community schools, | 85662 |
| and other education-related entities to review the Education | 85663 |
| Management Information System data definitions and data format | 85664 |
| standards. The advisory group shall recommend changes and | 85665 |
| enhancements based upon surveys of its members, education agencies | 85666 |
| in other states, and current industry practices, to reflect best | 85667 |
| practices, align with federal initiatives, and meet the needs of | 85668 |
| school districts. | 85669 |
| School districts and community schools not implementing a | 85670 |
| common and uniform set of data definitions and data format | 85671 |
| standards for Education Management Information System purposes | 85672 |
| shall have all EMIS funding withheld until they are in compliance. | 85673 |
| GED TESTING | 85674 |
| The foregoing appropriation item 200-447, GED Testing, shall | 85675 |
| be used to provide General Educational Development (GED) testing | 85676 |
| at no cost to applicants, under rules adopted by the State Board | 85677 |
| of Education. The Department of Education shall reimburse school | 85678 |
| districts and community schools, created under Chapter 3314. of | 85679 |
| the Revised Code, for a portion of the costs incurred in providing | 85680 |
| summer instructional or intervention services to students who have | 85681 |
| not graduated because of their inability to pass one or more parts | 85682 |
| of the state's Ohio Graduation Test or ninth grade proficiency | 85683 |
| test. School districts shall also provide such services to | 85684 |
| students who are residents of the district under section 3313.64 | 85685 |
| of the Revised Code, but who are enrolled in chartered, nonpublic | 85686 |
| schools. The services shall be provided in the public school, in | 85687 |
| nonpublic schools, in public centers, or in mobile units located | 85688 |
| on or off the nonpublic school premises. No school district shall | 85689 |
| provide summer instructional or intervention services to nonpublic | 85690 |
| school students as authorized by this section unless such services | 85691 |
| are available to students attending the public schools within the | 85692 |
| district. No school district shall provide services for use in | 85693 |
| religious courses, devotional exercises, religious training, or | 85694 |
| any other religious activity. Chartered, nonpublic schools shall | 85695 |
| pay for any unreimbursed costs incurred by school districts for | 85696 |
| providing summer instruction or intervention services to students | 85697 |
| enrolled in chartered, nonpublic schools. School districts may | 85698 |
| provide these services to students directly or contract with | 85699 |
| postsecondary or nonprofit community-based institutions in | 85700 |
| providing instruction. | 85701 |
| EDUCATOR PREPARATION | 85702 |
| Of the foregoing appropriation item 200-448, Educator | 85703 |
| Preparation, $100,000 in each fiscal year shall be provided in | 85704 |
| conjunction with funding in the Board of Regents' budget under | 85705 |
| appropriation item 235-435, Teacher Improvement Initiatives, to | 85706 |
| the Teacher Quality Partnership project. The Teacher Quality | 85707 |
| Partnership is a research consortium of Ohio's fifty colleges and | 85708 |
| universities providing teacher preparation programs. Funds shall | 85709 |
| be used to support a comprehensive longitudinal study of the | 85710 |
| preparation, in-school support, and effectiveness of Ohio | 85711 |
| teachers. | 85712 |
| Of the foregoing appropriation item 200-448, Educator | 85713 |
| Preparation, up to $1,551,000 in each fiscal year shall be used by | 85714 |
| the Department to support the Educator Standards Board under | 85715 |
| section 3319.61 of the Revised Code as it develops and recommends | 85716 |
| to the State Board of Education standards for educator training | 85717 |
| and standards for teacher and other school leadership positions. | 85718 |
| COMMUNITY SCHOOLS | 85719 |
| Of the foregoing appropriation item 200-455, Community | 85720 |
| Schools, up to $1,308,661 in each fiscal year may be used by the | 85721 |
| Department of Education for additional services and | 85722 |
| responsibilities under section 3314.11 of the Revised Code. | 85723 |
| Of the foregoing appropriation item 200-455, Community | 85724 |
| Schools, up to $225,000 in each fiscal year may be used by the | 85725 |
| Department of Education for developing and conducting training | 85726 |
| sessions for sponsors and prospective sponsors of community | 85727 |
| schools as prescribed in division (A)(1) of section 3314.015 of | 85728 |
| the Revised Code. In developing the training sessions, the | 85729 |
| Department shall collect and disseminate examples of best | 85730 |
| practices used by sponsors of independent charter schools in Ohio | 85731 |
| and other states. | 85732 |
| The remaining appropriation may be used by the Department of | 85733 |
| Education to make grants of up to $50,000 to each proposing group | 85734 |
| with a preliminary agreement obtained under division (C)(2) of | 85735 |
| section 3314.02 of the Revised Code in order to defray planning | 85736 |
| and initial start-up costs. In the first year of operation of a | 85737 |
| community school, the Department of Education may make a grant of | 85738 |
| not more than $100,000 to the governing authority of the school to | 85739 |
| partially defray additional start-up costs. The amount of the | 85740 |
| grant shall be based on a thorough examination of the needs of the | 85741 |
| community school. The Department of Education shall not utilize | 85742 |
| moneys received under this section for any other purpose other | 85743 |
| than those specified under this section. | 85744 |
| A community school awarded start-up grants from appropriation | 85745 |
| item 200-613, Public Charter Schools (Fund 3T4), shall not be | 85746 |
| eligible for grants under this section. | 85747 |
| Section 206.09.21. PUPIL TRANSPORTATION | 85748 |
| Of the foregoing appropriation item 200-502, Pupil | 85749 |
| Transportation, up to $822,400 in each fiscal year may be used by | 85750 |
| the Department of Education for training prospective and | 85751 |
| experienced school bus drivers in accordance with training | 85752 |
| programs prescribed by the Department. Up to $58,115,428 in fiscal | 85753 |
| year 2006 and up to $59,277,737 in fiscal year 2007 may be used by | 85754 |
| the Department of Education for special education transportation | 85755 |
| reimbursements to school districts and county MR/DD boards for | 85756 |
| transportation operating costs as provided in division (M) of | 85757 |
| section 3317.024 of the Revised Code. The remainder of | 85758 |
| appropriation item 200-502, Pupil Transportation, shall be used | 85759 |
| for the state reimbursement of public school districts' costs in | 85760 |
| transporting pupils to and from the school they attend in | 85761 |
| accordance with the district's policy, State Board of Education | 85762 |
| standards, and the Revised Code. | 85763 |
| Notwithstanding the distribution formula outlined in division | 85764 |
| (D) of section 3317.022 of the Revised Code, each school district | 85765 |
| shall receive an additional two per cent in state funding for | 85766 |
| transportation in fiscal year 2006 over what was received in | 85767 |
| fiscal year 2005, and the local share of transportation costs that | 85768 |
| is used in the calculation of the charge-off supplement and excess | 85769 |
| cost supplement for each school district in fiscal year 2006 shall | 85770 |
| be increased by two per cent from that used in calculations in | 85771 |
| fiscal year 2005. | 85772 |
| Notwithstanding the distribution formula outlined in division | 85773 |
| (D) of section 3317.022 of the Revised Code, each school district | 85774 |
| shall receive an additional two per cent in state funding for | 85775 |
| transportation in fiscal year 2007 over what was received in | 85776 |
| fiscal year 2006, and the local share of transportation costs that | 85777 |
| is used in the calculation of the charge-off supplement and excess | 85778 |
| cost supplement for each school district in fiscal year 2007 shall | 85779 |
| be increased by two per cent from that used in calculations in | 85780 |
| fiscal year 2006. | 85781 |
| The Department of Education shall recommend a new formula for | 85782 |
| allocating state funds for transportation costs. The Department | 85783 |
| shall submit the recommendation to the Director of Budget and | 85784 |
| Management, the Speaker of the House of Representatives, and the | 85785 |
| President of the Senate not later than July 1, 2006. | 85786 |
| School districts not receiving state funding for | 85787 |
| transportation in fiscal year 2005 under division (D) of section | 85788 |
| 3317.022 of the Revised Code shall not receive state funding for | 85789 |
| transportation in fiscal year 2006 or fiscal year 2007. | 85790 |
| BUS PURCHASE ALLOWANCE | 85791 |
| The foregoing appropriation item 200-503, Bus Purchase | 85792 |
| Allowance, shall be distributed to school districts, educational | 85793 |
| service centers, and county MR/DD boards pursuant to rules adopted | 85794 |
| under section 3317.07 of the Revised Code. Up to 28 per cent of | 85795 |
| the amount appropriated may be used to reimburse school districts | 85796 |
| and educational service centers for the purchase of buses to | 85797 |
| transport handicapped and nonpublic school students and to county | 85798 |
| MR/DD boards, the Ohio School for the Deaf, and the Ohio School | 85799 |
| for the Blind for the purchase of buses to transport handicapped | 85800 |
| students. | 85801 |
| SCHOOL LUNCH MATCH | 85802 |
| The foregoing appropriation item 200-505, School Lunch Match, | 85803 |
| shall be used to provide matching funds to obtain federal funds | 85804 |
| for the school lunch program. | 85805 |
| Section 206.09.24. ADULT LITERACY EDUCATION | 85806 |
| The foregoing appropriation item 200-509, Adult Literacy | 85807 |
| Education, shall be used to support adult basic and literacy | 85808 |
| education instructional programs and the State Literacy Resource | 85809 |
| Center Program. | 85810 |
| Of the foregoing appropriation item 200-509, Adult Literacy | 85811 |
| Education, up to $488,037 in each fiscal year shall be used for | 85812 |
| the support and operation of the State Literacy Resource Center. | 85813 |
| Of the foregoing appropriation item 200-509, Adult Literacy | 85814 |
| Education, up to $175,000 in each fiscal year shall be used for | 85815 |
| state reimbursement to school districts for adult high school | 85816 |
| continuing education programs under section 3313.531 of the | 85817 |
| Revised Code or for costs associated with awarding adult high | 85818 |
| school diplomas under section 3313.611 of the Revised Code. | 85819 |
| Of the foregoing appropriation item 200-509, Adult Literacy | 85820 |
| Education, $130,000 in each fiscal year shall be used to support | 85821 |
| initiatives for English as a Second Language programs. Funding | 85822 |
| shall be distributed as follows: $60,000 in each fiscal year for | 85823 |
| Jewish Community Federation of Cleveland, $25,000 in each fiscal | 85824 |
| year for Yassenoff Jewish Community Center of Columbus, $30,000 in | 85825 |
| each fiscal year for Jewish Family Services of Cincinnati, and | 85826 |
| $15,000 in each fiscal year for Jewish Family Services of Dayton. | 85827 |
| The remainder of the appropriation shall be used to continue | 85828 |
| to satisfy the state match and maintenance of effort requirements | 85829 |
| for the support and operation of the Department of | 85830 |
| Education-administered instructional grant program for adult basic | 85831 |
| and literacy education in accordance with the Department's state | 85832 |
| plan for adult basic and literacy education as approved by the | 85833 |
| State Board of Education and the Secretary of the United States | 85834 |
| Department of Education. | 85835 |
| AUXILIARY SERVICES | 85836 |
| The foregoing appropriation item 200-511, Auxiliary Services, | 85837 |
| shall be used by the Department of Education for the purpose of | 85838 |
| implementing section 3317.06 of the Revised Code. Of the | 85839 |
| appropriation, up to $2,000,000 in each fiscal year may be used | 85840 |
| for payment of the Post-Secondary Enrollment Options Program for | 85841 |
| nonpublic students under section 3365.10 of the Revised Code. | 85842 |
| POSTSECONDARY ADULT CAREER-TECHNICAL EDUCATION | 85843 |
| Of the foregoing appropriation item 200-514, Postsecondary | 85844 |
| Adult Career-Technical Education, $40,000 in each fiscal year | 85845 |
| shall be used for statewide coordination of the activities of the | 85846 |
| Ohio Young Farmers. | 85847 |
| The remainder of appropriation item 200-514, Postsecondary | 85848 |
| Adult Career-Technical Education, shall be used by the State Board | 85849 |
| of Education to provide postsecondary adult career-technical | 85850 |
| education under sections 3313.52 and 3313.53 of the Revised Code. | 85851 |
| Section 206.09.27. GIFTED PUPIL PROGRAM | 85852 |
| The foregoing appropriation item 200-521, Gifted Pupil | 85853 |
| Program, shall be used for gifted education units not to exceed | 85854 |
| 1,110 in each fiscal year under division (P) of section 3317.024 | 85855 |
| and division (F) of section 3317.05 of the Revised Code. | 85856 |
| Of the foregoing appropriation item 200-521, Gifted Pupil | 85857 |
| Program, up to $4,700,000 in each fiscal year may be used as an | 85858 |
| additional supplement for identifying gifted students under | 85859 |
| Chapter 3324. of the Revised Code. | 85860 |
| Of the foregoing appropriation item 200-521, Gifted Pupil | 85861 |
| Program, the Department of Education may expend up to $940,000 in | 85862 |
| each fiscal year for the Summer Honors Institute for gifted | 85863 |
| freshman and sophomore high school students. Up to $65,800 in each | 85864 |
| fiscal year shall be used for the Ohio Summer School for the | 85865 |
| Gifted (Martin Essex Program). | 85866 |
| NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT | 85867 |
| The foregoing appropriation item 200-532, Nonpublic | 85868 |
| Administrative Cost Reimbursement, shall be used by the Department | 85869 |
| of Education for the purpose of implementing section 3317.063 of | 85870 |
| the Revised Code. | 85871 |
| Section 206.09.28. Not later than June 30, 2006, the State | 85872 |
| Board of Education shall adopt a model student acceleration policy | 85873 |
| addressing any recommendations made in the 2005 study conducted | 85874 |
| under the Gifted Research and Demonstration Grant Program. The | 85875 |
| model shall address, but not be limited to, whole grade | 85876 |
| acceleration, subject area acceleration, and early high school | 85877 |
| graduation. | 85878 |
| Section 206.09.30. SPECIAL EDUCATION ENHANCEMENTS | 85879 |
| Of the foregoing appropriation item 200-540, Special | 85880 |
| Education Enhancements, up to $2,906,875 in each fiscal year shall | 85881 |
| be used for home instruction for children with disabilities; up to | 85882 |
| $1,462,500 in each fiscal year shall be used for parent mentoring | 85883 |
| programs; and up to $2,783,396 in each fiscal year may be used for | 85884 |
| school psychology interns. | 85885 |
| Of the foregoing appropriation item 200-540, Special | 85886 |
| Education Enhancements, $750,000 in each fiscal year shall be used | 85887 |
| for the Out of School Initiative of Sinclair Community College. | 85888 |
| Of the foregoing appropriation item 200-540, Special | 85889 |
| Education Enhancements, $200,000 shall be used for a preschool | 85890 |
| special education pilot program in Bowling Green City School | 85891 |
| District. | 85892 |
| Of the foregoing appropriation item 200-540, Special | 85893 |
| Education Enhancements, $100,000 in each fiscal year shall be used | 85894 |
| to support the Bellefaire Jewish Children's Bureau. | 85895 |
| Of the foregoing appropriation item 200-540, Special | 85896 |
| Education Enhancements, up to $79,194,060 in fiscal year 2006 and | 85897 |
| up to $79,986,001 in fiscal year 2007 shall be distributed by the | 85898 |
| Department of Education to county boards of mental retardation and | 85899 |
| developmental disabilities, educational service centers, and | 85900 |
| school districts for preschool special education units and | 85901 |
| preschool supervisory units under section 3317.052 of the Revised | 85902 |
| Code. The Department may reimburse county boards of mental | 85903 |
| retardation and developmental disabilities, educational service | 85904 |
| centers, and school districts for related services as defined in | 85905 |
| rule 3301-51-11 of the Administrative Code, for preschool | 85906 |
| occupational and physical therapy services provided by a physical | 85907 |
| therapy assistant and certified occupational therapy assistant, | 85908 |
| and for an instructional assistant. To the greatest extent | 85909 |
| possible, the Department of Education shall allocate these units | 85910 |
| to school districts and educational service centers. | 85911 |
| No physical therapy assistant who provides services under | 85912 |
| this section shall fail to practice in accordance with the | 85913 |
| requirements of Chapter 4755. of the Revised Code and rules | 85914 |
| 4755-27-02 and 4755-27-03 of the Administrative Code. No | 85915 |
| occupational therapy assistant who provides services under this | 85916 |
| section shall fail to practice in accordance with the requirements | 85917 |
| of Chapter 4755. of the Revised Code and rules 4755-7-01 and | 85918 |
| 4755-7-03 of the Administrative Code. | 85919 |
| The Department of Education shall require school districts, | 85920 |
| educational service centers, and county MR/DD boards serving | 85921 |
| preschool children with disabilities to document child progress | 85922 |
| using research-based indicators prescribed by the Department and | 85923 |
| report results annually. The reporting dates and method shall be | 85924 |
| determined by the Department. | 85925 |
| The remainder of appropriation item 200-540, Special | 85926 |
| Education Enhancements, shall be used to fund special education | 85927 |
| and related services at county boards of mental retardation and | 85928 |
| developmental disabilities for eligible students under section | 85929 |
| 3317.20 of the Revised Code and at institutions for eligible | 85930 |
| students under section 3317.201 of the Revised Code. | 85931 |
| Section 206.09.33. CAREER-TECHNICAL EDUCATION ENHANCEMENTS | 85933 |
| Of the foregoing appropriation item 200-545, Career-Technical | 85934 |
| Education Enhancements, up to $2,436,070 in each fiscal year shall | 85935 |
| be used to fund grants for career-technical education at | 85936 |
| institutions under division (C) of section 3317.052 of the Revised | 85937 |
| Code. | 85938 |
| Of the foregoing appropriation item 200-545, Career-Technical | 85939 |
| Education Enhancements, up to $2,621,507 in each fiscal year shall | 85940 |
| be used by the Department of Education to fund competitive grants | 85941 |
| to tech prep consortia that expand the number of students enrolled | 85942 |
| in tech prep programs. These grant funds shall be used to directly | 85943 |
| support expanded tech prep programs, including equipment, provided | 85944 |
| to students enrolled in school districts, including joint | 85945 |
| vocational school districts, and affiliated higher education | 85946 |
| institutions. | 85947 |
| Of the foregoing appropriation item 200-545, Career-Technical | 85948 |
| Education Enhancements, $943,873 in fiscal year 2006 shall be used | 85949 |
| to provide an amount to each eligible school district for the | 85950 |
| replacement or updating of equipment essential for the instruction | 85951 |
| of students in job skills taught as part of a career-technical | 85952 |
| program or programs approved for such instruction by the State | 85953 |
| Board of Education. School districts replacing or updating | 85954 |
| career-technical education equipment may purchase or lease such | 85955 |
| equipment. The Department of Education shall review and approve | 85956 |
| all equipment requests and may allot appropriated funds to | 85957 |
| eligible school districts on the basis of the number of full-time | 85958 |
| equivalent workforce development teachers in all eligible | 85959 |
| districts making application for funds. | 85960 |
| The State Board of Education may adopt standards of need for | 85961 |
| equipment allocation. Pursuant to the adoption of any such | 85962 |
| standards of need by the State Board of Education, appropriated | 85963 |
| funds may be allotted to eligible districts according to such | 85964 |
| standards. Equipment funds allotted under either process shall be | 85965 |
| provided to a school district at 30, 40, or 50 per cent of cost on | 85966 |
| the basis of a rating developed by the Department of Education | 85967 |
| using the state share percentage as provided in division (B)(2) of | 85968 |
| section 3317.022 of the Revised Code. | 85969 |
| Of the foregoing appropriation item 200-545, Career-Technical | 85970 |
| Education Enhancements, up to $3,401,000 in each fiscal year shall | 85971 |
| be used by the Department of Education to support existing High | 85972 |
| Schools That Work (HSTW) sites, develop and support new sites, | 85973 |
| fund technical assistance, and support regional centers and middle | 85974 |
| school programs. The purpose of HSTW is to combine challenging | 85975 |
| academic courses and modern career-technical studies to raise the | 85976 |
| academic achievement of students. HSTW provides intensive | 85977 |
| technical assistance, focused staff development, targeted | 85978 |
| assessment services, and ongoing communications and networking | 85979 |
| opportunities. | 85980 |
| Of the foregoing appropriation item 200-545, Career-Technical | 85981 |
| Education Enhancements, up to $466,992 in each fiscal year shall | 85982 |
| be allocated for the Ohio Career Information System (OCIS) and | 85983 |
| used for the dissemination of career information data to public | 85984 |
| schools, libraries, rehabilitation centers, two- and four-year | 85985 |
| colleges and universities, and other governmental units. | 85986 |
| Of the foregoing appropriation item 200-545, Career-Technical | 85987 |
| Educational Enhancements, up to $300,000 in each fiscal year shall | 85988 |
| be used by the Department of Education to enable students in | 85989 |
| agricultural programs to enroll in a fifth quarter of instruction | 85990 |
| based on the agricultural education model of delivering work-based | 85991 |
| learning through supervised agricultural experience. The | 85992 |
| Department of Education shall determine eligibility criteria and | 85993 |
| the reporting process for the Agriculture 5th Quarter Project and | 85994 |
| shall fund as many programs as possible given the $270,000 set | 85995 |
| aside. | 85996 |
| Section 206.09.36. FOUNDATION FUNDING | 85997 |
| The foregoing appropriation item 200-550, Foundation Funding, | 85998 |
| includes $85,000,000 in each fiscal year for the state education | 85999 |
| aid offset due to the change in public utility valuation as a | 86000 |
| result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd | 86001 |
| General Assembly. This amount represents the total state education | 86002 |
| aid offset due to the valuation change for school districts and | 86003 |
| joint vocational school districts from all relevant appropriation | 86004 |
| line item sources. Upon certification by the Department of | 86005 |
| Education, in consultation with the Department of Taxation, to the | 86006 |
| Director of Budget and Management of the actual state aid offset, | 86007 |
| the cash transfer from fund 053, appropriation item 200-900, | 86008 |
| School District Property Tax Replacement - Utility, shall be | 86009 |
| decreased or increased by the Director of Budget and Management to | 86010 |
| match the certification in accordance with section 5727.84 of the | 86011 |
| Revised Code. | 86012 |
| Of the foregoing appropriation item 200-550, Foundation | 86013 |
| Funding, up to $425,000 shall be expended in each fiscal year for | 86014 |
| court payments under section 2151.357 of the Revised Code; an | 86015 |
| amount shall be available in each fiscal year for the cost of | 86016 |
| reappraisal guarantee under section 3317.04 of the Revised Code; | 86017 |
| an amount shall be available in each fiscal year to fund up to 225 | 86018 |
| full-time equivalent approved GRADS teacher grants under division | 86019 |
| (R) of section 3317.024 of the Revised Code; an amount shall be | 86020 |
| available in each fiscal year to make payments to school districts | 86021 |
| under division (A)(2) of section 3317.022 of the Revised Code; an | 86022 |
| amount shall be available in each fiscal year to make payments to | 86023 |
| school districts under division (F) of section 3317.022 of the | 86024 |
| Revised Code; an amount shall be available in each fiscal year to | 86025 |
| make payments to school districts under division (C) of section | 86026 |
| 3317.0212 of the Revised Code; and up to $30,000,000 in each | 86027 |
| fiscal year shall be reserved for payments under sections | 86028 |
| 3317.026, 3317.027, and 3317.028 of the Revised Code except that | 86029 |
| the Controlling Board may increase the $30,000,000 amount if | 86030 |
| presented with such a request from the Department of Education. Of | 86031 |
| the foregoing appropriation item 200-550, Foundation Funding, up | 86032 |
| to $18,000,000 in fiscal year 2006 and up to $19,000,000 in fiscal | 86033 |
| year 2007 shall be used to provide additional state aid to school | 86034 |
| districts for special education students under division (C)(3) of | 86035 |
| section 3317.022 of the Revised Code; up to $2,000,000 in each | 86036 |
| fiscal year shall be reserved for Youth Services tuition payments | 86037 |
| under section 3317.024 of the Revised Code; and up to $52,000,000 | 86038 |
| in each fiscal year shall be reserved to fund the state | 86039 |
| reimbursement of educational service centers under section 3317.11 | 86040 |
| of the Revised Code and the section of this act entitled | 86041 |
| "EDUCATIONAL SERVICE CENTERS FUNDING." An amount shall be | 86042 |
| available for special education weighted funding under division | 86043 |
| (C)(1) of section 3317.022 and division (D)(1) of section 3317.16 | 86044 |
| of the Revised Code. | 86045 |
| Of the foregoing appropriation item 200-550, Foundation | 86046 |
| Funding, an amount shall be available in each fiscal year to be | 86047 |
| used by the Department of Education for transitional aid for | 86048 |
| school districts and joint vocational school districts. Funds | 86049 |
| shall be distributed under the sections of this act entitled | 86050 |
| "TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL | 86051 |
| DISTRICTS" AND "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL | 86052 |
| DISTRICTS." | 86053 |
| Of the foregoing appropriation item 200-550, Foundation | 86054 |
| Funding, up to $1,000,000 in each fiscal year shall be used by the | 86055 |
| Department of Education for a program to pay for educational | 86056 |
| services for youth who have been assigned by a juvenile court or | 86057 |
| other authorized agency to any of the facilities described in | 86058 |
| division (A) of the section of this act entitled "PRIVATE | 86059 |
| TREATMENT FACILITY PROJECT." | 86060 |
| Of the foregoing appropriation item 200-550, Foundation | 86061 |
| Funding, up to $3,700,000 in each fiscal year shall be used for | 86062 |
| school breakfast programs. Of this amount, up to $900,000 shall be | 86063 |
| used in each fiscal year by the Department of Education to | 86064 |
| contract with the Children's Hunger Alliance to expand access to | 86065 |
| child nutrition programs consistent with the organization's | 86066 |
| continued ability to meet specified performance measures as | 86067 |
| detailed in the contract. Of this amount, the Children's Hunger | 86068 |
| Alliance shall use at least $150,000 in each fiscal year to | 86069 |
| subcontract with an appropriate organization or organizations to | 86070 |
| expand summer food participation in underserved areas of the | 86071 |
| state, consistent with those organizations' continued ability to | 86072 |
| meet specified performance measures as detailed in the | 86073 |
| subcontracts. The remainder of the appropriation shall be used to | 86074 |
| partially reimburse school buildings within school districts that | 86075 |
| are required to have a school breakfast program under section | 86076 |
| 3313.813 of the Revised Code, at a rate decided by the Department. | 86077 |
| Of the foregoing appropriation item 200-550, Foundation | 86078 |
| Funding, up to $8,800,000 in fiscal year 2006 and up to $8,600,000 | 86079 |
| in fiscal year 2007 shall be used to operate the school choice | 86080 |
| program in the Cleveland Municipal School District under sections | 86081 |
| 3313.974 to 3313.979 of the Revised Code. | 86082 |
| Of the portion of the funds distributed to the Cleveland | 86083 |
| Municipal School District under this section, up to $10,401,887 in | 86084 |
| fiscal year 2006 and up to $11,901,887 in fiscal year 2007 shall | 86085 |
| be used to operate the school choice program in the Cleveland | 86086 |
| Municipal School District under sections 3313.974 to 3313.979 of | 86087 |
| the Revised Code. | 86088 |
| The remaining portion of appropriation item 200-550, | 86089 |
| Foundation Funding, shall be expended for the public schools of | 86090 |
| city, local, exempted village, and joint vocational school | 86091 |
| districts, including base cost funding, special education speech | 86092 |
| service enhancement funding, career-technical education weight | 86093 |
| funding, career-technical education associated service funding, | 86094 |
| guarantee funding, teacher training and experience funding, | 86095 |
| poverty-based assistance, parity aid, charge-off supplement, and | 86096 |
| excess cost supplement under sections 3317.022, 3317.023, | 86097 |
| 3317.029, 3317.0212, 3317.0216, 3317.0217, and 3317.16 of the | 86098 |
| Revised Code. | 86099 |
| Appropriation items 200-502, Pupil Transportation, 200-521, | 86100 |
| Gifted Pupil Program, 200-540, Special Education Enhancements, and | 86101 |
| 200-550, Foundation Funding, other than specific set-asides, are | 86102 |
| collectively used in each fiscal year to pay state formula aid | 86103 |
| obligations for school districts and joint vocational school | 86104 |
| districts under Chapter 3317. of the Revised Code. The first | 86105 |
| priority of these appropriation items, with the exception of | 86106 |
| specific set-asides, is to fund state formula aid obligations | 86107 |
| under Chapter 3317. of the Revised Code. It may be necessary to | 86108 |
| reallocate funds among these appropriation items or use excess | 86109 |
| funds from other general revenue fund appropriation items in the | 86110 |
| Department of Education's budget in each fiscal year, in order to | 86111 |
| meet state formula aid obligations. If it is determined that it is | 86112 |
| necessary to transfer funds among these appropriation items or to | 86113 |
| transfer funds from other General Revenue Fund appropriations in | 86114 |
| the Department of Education's budget to meet state formula aid | 86115 |
| obligations, the Department of Education shall seek approval from | 86116 |
| the Controlling Board to transfer funds as needed. | 86117 |
| Section 206.09.37. DISTRICT SPENDING REQUIREMENTS | 86118 |
| The Department of Education shall review district spending | 86119 |
| requirements as specified in section 3317.029 of the Revised Code | 86120 |
| and shall submit a report recommending modifications by March 31, | 86121 |
| 2007. Copies of the report shall be provided to the Director of | 86122 |
| Budget and Management, the Speaker of the House of | 86123 |
| Representatives, and the President of the Senate. The | 86124 |
| recommendations shall include decreasing degrees of flexibility of | 86125 |
| spending for districts not meeting adequate progress standards as | 86126 |
| defined by the Department of Education. Recommendations shall also | 86127 |
| specifically review the definition of class size reduction in | 86128 |
| division (J)(7) of section 3317.029 of the Revised Code. The | 86129 |
| reports submitted by school districts under the section of this | 86130 |
| act entitled "INTERVENTION FUNDING" shall be used to inform these | 86131 |
| recommendations. | 86132 |
| Section 206.09.39. TRANSITIONAL AID FOR CITY, LOCAL, AND | 86133 |
| EXEMPTED VILLAGE SCHOOL DISTRICTS | 86134 |
| (A) The Department of Education shall distribute funds within | 86135 |
| appropriation item 200-550, Foundation Funding, for transitional | 86136 |
| aid in each fiscal year to each qualifying city, local, and | 86137 |
| exempted village school district. | 86138 |
| In fiscal years 2006 and 2007, the Department shall pay | 86139 |
| transitional aid to each city, local, or exempted village school | 86140 |
| district that experiences any decrease in its SF-3 funding plus | 86141 |
| charge-off supplement for the current fiscal year from its SF-3 | 86142 |
| funding plus charge-off supplement for the previous fiscal year. | 86143 |
| The amount of the transitional aid payment shall equal the | 86144 |
| difference between the district's SF-3 funding plus charge-off | 86145 |
| supplement for the current fiscal year and its SF-3 funding plus | 86146 |
| charge-off supplement for the previous fiscal year. | 86147 |
| (B)(1) Subject to divisions (B)(2) and (3) of this section, | 86148 |
| the "SF-3 funding plus charge-off supplement" for each city, | 86149 |
| local, and exempted village school district in fiscal years 2006 | 86150 |
| and 2007 equals the sum of the following: | 86151 |
| (a) Base-cost funding under division (A) of section 3317.022 | 86152 |
| of the Revised Code; | 86153 |
| (b) Special education and related services additional | 86154 |
| weighted funding under division (C)(1) of section 3317.022 of the | 86155 |
| Revised Code; | 86156 |
| (c) Speech services funding under division (C)(4) of section | 86157 |
| 3317.022 of the Revised Code; | 86158 |
| (d) Vocational education additional weighted funding under | 86159 |
| division (E) of section 3317.022 of the Revised Code; | 86160 |
| (e) GRADS funding under division (R) of section 3317.024 of | 86161 |
| the Revised Code; | 86162 |
| (f) Adjustments for classroom teachers and educational | 86163 |
| service personnel under divisions (B), (C), and (D) of section | 86164 |
| 3317.023 of the Revised Code; | 86165 |
| (g) Poverty-Based Assistance under section 3317.029 of the | 86166 |
| Revised Code; | 86167 |
| (h) Gifted education units under section 3317.05 of the | 86168 |
| Revised Code; | 86169 |
| (i) Transportation under the section of this act entitled | 86170 |
| "PUPIL TRANSPORTATION"; | 86171 |
| (j) The excess cost supplement under division (F) of section | 86172 |
| 3317.022 of the Revised Code; | 86173 |
| (k) Parity aid under section 3317.0217 of the Revised Code; | 86174 |
| (l) The reappraisal guarantee under division (C) of section | 86175 |
| 3317.04 of the Revised Code; | 86176 |
| (m) The charge-off supplement under section 3317.0216 of the | 86177 |
| Revised Code. | 86178 |
| (2) For purposes of calculating transitional aid in fiscal | 86179 |
| year 2006, a district's fiscal year 2005 SF-3 funding plus | 86180 |
| charge-off supplement is the difference of (a) the sum of the | 86181 |
| amounts described in divisions (A) to (O) of Section 41.37 of Am. | 86182 |
| Sub. H.B. 95 of the 125th General Assembly, as amended, plus any | 86183 |
| transitional aid paid to the district under that section, that the | 86184 |
| district actually received in fiscal year 2005 minus (b) the | 86185 |
| amount of parity aid and the amount of disadvantaged pupil impact | 86186 |
| aid deducted that year under division (C)(6) of section 3314.08 of | 86187 |
| the Revised Code, as that section existed that year, and Section | 86188 |
| 16 of Am. Sub. S.B. 2 of the 125th General Assembly on behalf of | 86189 |
| students entitled to attend school in the district who were | 86190 |
| enrolled in Internet- and computer-based community schools. For | 86191 |
| purposes of calculating transitional aid in fiscal year 2007, a | 86192 |
| district's fiscal year 2006 SF-3 funding plus charge-off | 86193 |
| supplement is the sum of the amounts described in divisions | 86194 |
| (B)(1)(a) to (n) of this section, plus any transitional aid paid | 86195 |
| to the district under this section, that the district actually | 86196 |
| received in fiscal year 2006. | 86197 |
| (3) The SF-3 funding plus charge-off supplement in each | 86198 |
| fiscal year for each district is the sum of the amounts specified | 86199 |
| in divisions (B)(1)(a) to (n) and (B)(2) of this section less any | 86200 |
| general revenue fund spending reductions ordered by the Governor | 86201 |
| under section 126.05 of the Revised Code. | 86202 |
| (C)(1) When calculating the reappraisal guarantee under | 86203 |
| division (C) or (D) of section 3317.04 of the Revised Code in | 86204 |
| fiscal year 2006, the Department shall: | 86205 |
| (a) Include in a school district's fiscal year 2005 payments | 86206 |
| any transitional aid paid to the district in fiscal year 2005 | 86207 |
| under Section 41.37 of Am. Sub. H.B. 95 of the 125th General | 86208 |
| Assembly, as amended; | 86209 |
| (b) Subtract from a school district's fiscal year 2005 | 86210 |
| payments the amount of parity aid and the amount of disadvantaged | 86211 |
| pupil impact aid deducted that year under division (C)(6) of | 86212 |
| section 3314.08 of the Revised Code, as that section existed that | 86213 |
| year, and Section 16 of Am. Sub. S.B. 2 of the 125th General | 86214 |
| Assembly on behalf of students entitled to attend school in the | 86215 |
| district who were enrolled in Internet- and computer-based | 86216 |
| community schools. | 86217 |
| (2) When calculating the reappraisal guarantee under division | 86218 |
| (C) or (D) of section 3317.04 of the Revised Code in fiscal year | 86219 |
| 2007, the Department shall include in a school district's fiscal | 86220 |
| year 2006 payments any transitional aid paid to the district in | 86221 |
| fiscal year 2006 under this section. | 86222 |
| (3) When calculating the reappraisal guarantee under division | 86223 |
| (C) or (D) of section 3317.04 of the Revised Code in fiscal year | 86224 |
| 2008, the Department shall include in a school district's fiscal | 86225 |
| year 2007 payments any transitional aid paid to the district in | 86226 |
| fiscal year 2007 under this section. | 86227 |
| Section 206.09.42. TRANSITIONAL AID FOR JOINT VOCATIONAL | 86228 |
| SCHOOL DISTRICTS | 86229 |
| (A) The Department of Education shall distribute funds within | 86230 |
| appropriation item 200-550, Foundation Funding, for transitional | 86231 |
| aid in each fiscal year to each joint vocational school district | 86232 |
| that experiences a decrease in its joint vocational funding for | 86233 |
| the current fiscal year exceeding 2% of its joint vocational | 86234 |
| funding from the previous fiscal year. The Department shall | 86235 |
| distribute to each such district transitional aid in an amount to | 86236 |
| reduce the decrease to 2% of the district's joint vocational | 86237 |
| funding from the previous fiscal year. | 86238 |
| (B)(1) Subject to divisions (B)(2) and (3) of this section, a | 86239 |
| district's joint vocational funding equals the sum of the | 86240 |
| following: | 86241 |
| (a) Base-cost funding under division (B) of section 3317.16 | 86242 |
| of the Revised Code; | 86243 |
| (b) Special education and related services additional | 86244 |
| weighted funding under division (D)(1) of section 3317.16 of the | 86245 |
| Revised Code; | 86246 |
| (c) Speech services funding under division (D)(2) of section | 86247 |
| 3317.16 of the Revised Code; | 86248 |
| (d) Vocational education additional weighted funding under | 86249 |
| division (C) of section 3317.16 of the Revised Code; | 86250 |
| (e) GRADS funding under division (R) of section 3317.024 of | 86251 |
| the Revised Code; | 86252 |
| (f) The state aid guarantee under division (H) of section | 86253 |
| 3317.16 of the Revised Code. | 86254 |
| (2) For purposes of calculating transitional aid in fiscal | 86255 |
| year 2007, a district's fiscal year 2006 joint vocational funding | 86256 |
| is the sum of the amounts described in divisions (B)(1)(a) to (f) | 86257 |
| of this section, plus any transitional aid paid to the district | 86258 |
| under this section, that the district actually received in fiscal | 86259 |
| year 2006. | 86260 |
| (3) The joint vocational funding in each fiscal year for each | 86261 |
| district is the sum of the amounts specified in divisions | 86262 |
| (B)(1)(a) to (f) and (B)(2) of this section less any general | 86263 |
| revenue fund spending reductions ordered by the Governor under | 86264 |
| section 126.05 of the Revised Code. | 86265 |
| EMERGENCY LOAN INTEREST SUBSIDY | 86266 |
| The foregoing appropriation item 200-558, Emergency Loan | 86267 |
| Interest Subsidy, shall be used to provide a subsidy to school | 86268 |
| districts receiving emergency school loans pursuant to section | 86269 |
| 3313.484 of the Revised Code. The subsidy shall be used to pay | 86270 |
| these districts the difference between the amount of interest the | 86271 |
| district is paying on an emergency loan, and the interest that the | 86272 |
| district would have paid if the interest rate on the loan had been | 86273 |
| two per cent. | 86274 |
| Section 206.09.45. READING/WRITING IMPROVEMENT-CLASSROOM | 86275 |
| GRANTS | 86276 |
| The foregoing appropriation item 200-566, Reading/Writing | 86277 |
| Improvement-Classroom Grants, shall be disbursed by the Department | 86278 |
| of Education to provide reading improvement grants to public | 86279 |
| schools in city, local, and exempted village school districts; | 86280 |
| community schools; and educational service centers serving | 86281 |
| kindergarten through twelfth grade students to help struggling | 86282 |
| students improve their reading skills, improve reading outcomes in | 86283 |
| low-performing schools, and help close achievement gaps. | 86284 |
| SAFE AND SUPPORTIVE SCHOOLS | 86285 |
| Of the foregoing appropriation item 200-578, Safe and | 86286 |
| Supportive Schools, up to $224,250 in each fiscal year shall be | 86287 |
| used to fund a safe school center to provide resources for parents | 86288 |
| and for school and law enforcement personnel. | 86289 |
| The remainder of the appropriation shall be distributed based | 86290 |
| on guidelines developed by the Department of Education to enhance | 86291 |
| school safety. The guidelines shall provide a list of | 86292 |
| research-based best practices and programs from which local | 86293 |
| grantees shall select based on local needs. These practices shall | 86294 |
| include, but not be limited to, school resource officers and safe | 86295 |
| and drug free school coordinators and social-emotional development | 86296 |
| programs. | 86297 |
| Section 206.09.48. PROPERTY TAX ALLOCATION - EDUCATION | 86298 |
| The Superintendent of Public Instruction shall not request, | 86299 |
| and the Controlling Board shall not approve, the transfer of funds | 86300 |
| from appropriation item 200-901, Property Tax Allocation - | 86301 |
| Education, to any other appropriation item. | 86302 |
| The appropriation item 200-901, Property Tax Allocation - | 86303 |
| Education, is appropriated to pay for the state's costs incurred | 86304 |
| because of the homestead exemption and the property tax rollback. | 86305 |
| In cooperation with the Department of Taxation, the Department of | 86306 |
| Education shall distribute these funds directly to the appropriate | 86307 |
| school districts of the state, notwithstanding sections 321.24 and | 86308 |
| 323.156 of the Revised Code, which provide for payment of the | 86309 |
| homestead exemption and property tax rollback by the Tax | 86310 |
| Commissioner to the appropriate county treasurer and the | 86311 |
| subsequent redistribution of these funds to the appropriate local | 86312 |
| taxing districts by the county auditor. | 86313 |
| Appropriation item 200-906, Tangible Tax Exemption - | 86314 |
| Education, is appropriated to pay for the state's costs incurred | 86315 |
| because of the tangible personal property tax exemption required | 86316 |
| by division (C)(3) of section 5709.01 of the Revised Code. In | 86317 |
| cooperation with the Department of Taxation, the Department of | 86318 |
| Education shall distribute to each county treasurer the total | 86319 |
| amount appearing in the notification from the county treasurer | 86320 |
| under division (G) of section 321.24 of the Revised Code, for all | 86321 |
| school districts located in the county, notwithstanding section | 86322 |
| 321.24 of the Revised Code insofar as it provides for payment of | 86323 |
| the $10,000 tangible personal property tax exemption by the Tax | 86324 |
| Commissioner to the appropriate county treasurer for all local | 86325 |
| taxing districts located in the county. Pursuant to division (G) | 86326 |
| of section 321.24 of the Revised Code, the county auditor shall | 86327 |
| distribute the amount paid by the Department of Education among | 86328 |
| the appropriate school districts. | 86329 |
| Upon receipt of these amounts, each school district shall | 86330 |
| distribute the amount among the proper funds as if it had been | 86331 |
| paid as real or tangible personal property taxes. Payments for the | 86332 |
| costs of administration shall continue to be paid to the county | 86333 |
| treasurer and county auditor as provided for in sections 319.54, | 86334 |
| 321.26, and 323.156 of the Revised Code. | 86335 |
| Any sums, in addition to the amounts specifically | 86336 |
| appropriated in appropriation items 200-901, Property Tax | 86337 |
| Allocation - Education, for the homestead exemption and the | 86338 |
| property tax rollback payments, and 200-906, Tangible Tax | 86339 |
| Exemption - Education, for the $10,000 tangible personal property | 86340 |
| tax exemption payments, which are determined to be necessary for | 86341 |
| these purposes, are hereby appropriated. | 86342 |
| Section 206.09.51. TEACHER CERTIFICATION AND LICENSURE | 86343 |
| The foregoing appropriation item 200-681, Teacher | 86344 |
| Certification and Licensure, shall be used by the Department of | 86345 |
| Education in each year of the biennium to administer and support | 86346 |
| teacher certification and licensure activities. | 86347 |
| SCHOOL DISTRICT SOLVENCY ASSISTANCE | 86348 |
| Of the foregoing appropriation item 200-687, School District | 86349 |
| Solvency Assistance, $9,000,000 in each fiscal year shall be | 86350 |
| allocated to the School District Shared Resource Account and | 86351 |
| $9,000,000 in each fiscal year shall be allocated to the | 86352 |
| Catastrophic Expenditures Account. These funds shall be used to | 86353 |
| provide assistance and grants to school districts to enable them | 86354 |
| to remain solvent under section 3316.20 of the Revised Code. | 86355 |
| Assistance and grants shall be subject to approval by the | 86356 |
| Controlling Board. Any required reimbursements from school | 86357 |
| districts for solvency assistance shall be made to the appropriate | 86358 |
| account in the School District Solvency Assistance Fund (Fund | 86359 |
| 5H3). | 86360 |
| Notwithstanding any provision of law to the contrary, upon | 86361 |
| the request of the Superintendent of Public Instruction, the | 86362 |
| Director of Budget and Management may make transfers to the School | 86363 |
| District Solvency Assistance Fund (Fund 5H3) from any Department | 86364 |
| of Education-administered fund or the General Revenue Fund to | 86365 |
| maintain sufficient cash balances in the School District Solvency | 86366 |
| Assistance Fund (Fund 5H3) in fiscal years 2006 and 2007. Any | 86367 |
| funds transferred are hereby appropriated. The transferred funds | 86368 |
| may be used by the Department of Education to provide assistance | 86369 |
| and grants to school districts to enable them to remain solvent | 86370 |
| and to pay unforeseeable expenses of a temporary or emergency | 86371 |
| nature that the school district is unable to pay from existing | 86372 |
| resources. The Director of Budget and Management shall notify the | 86373 |
| members of the Controlling Board of any such transfers. | 86374 |
| READING FIRST | 86375 |
| The foregoing appropriation item 200-632, Reading First, | 86376 |
| shall be used by school districts to administer federal diagnostic | 86377 |
| tests as well as other functions permitted by federal statute. | 86378 |
| Notwithstanding section 3301.079 of the Revised Code, federal | 86379 |
| diagnostic tests may be recognized as meeting the state diagnostic | 86380 |
| testing requirements outlined in section 3301.079 of the Revised | 86381 |
| Code. | 86382 |
| HALF-MILL MAINTENANCE EQUALIZATION | 86383 |
| The foregoing appropriation item 200-626, Half-Mill | 86384 |
| Maintenance Equalization, shall be used in fiscal year 2007 to | 86385 |
| make payments pursuant to section 3318.18 of the Revised Code. | 86386 |
| Section 206.09.54. EARLY LEARNING INITIATIVE | 86387 |
| (A) As used in this section: | 86388 |
| (1) "Title IV-A services" means benefits and services that | 86389 |
| are allowable under Title IV-A of the "Social Security Act," as | 86390 |
| specified in 42 U.S.C. 604(a), except that they shall not be | 86391 |
| benefits and services included in the term "assistance" as defined | 86392 |
| in 45 C.F.R. 260.31(a) and shall be benefits and services that are | 86393 |
| excluded from the definition of the term "assistance" under 45 | 86394 |
| C.F.R. 260.31(b). | 86395 |
| (2) "Title IV-A funds" means funds provided under the | 86396 |
| temporary assistance for needy families block grant established by | 86397 |
| Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 | 86398 |
| U.S.C. 601, as amended. | 86399 |
| (3) "Child care" has the same meaning as in section 5104.01 | 86400 |
| of the Revised Code. | 86401 |
| (4) "Eligible child" means a child who is at least three | 86402 |
| years of age but not of compulsory school age or enrolled in | 86403 |
| kindergarten, is eligible for Title IV-A services, and whose | 86404 |
| family income does not exceed one hundred eighty-five per cent of | 86405 |
| the federal poverty line at application. If the family income of a | 86406 |
| child receiving early learning services under this section exceeds | 86407 |
| one hundred ninety-five per cent of the federal poverty line, the | 86408 |
| child ceases to be eligible for an early learning program. | 86409 |
| (5) "Early learning program" means a program for eligible | 86410 |
| children that is funded with Title IV-A funds and provides Title | 86411 |
| IV-A services that are both of the following: | 86412 |
| (a) Early learning services, as defined by the Department of | 86413 |
| Education pursuant to division (C)(1) of this section; | 86414 |
| (b) Child care. | 86415 |
| (6) "Early learning provider" means an entity that is | 86416 |
| receiving Title IV-A funds to operate an early learning program. | 86417 |
| (7) "Early learning agency" means an early learning provider | 86418 |
| or an entity that has entered into an agreement with an early | 86419 |
| learning provider requiring the early learning provider to operate | 86420 |
| an early learning program on behalf of the entity. | 86421 |
| (8) "Federal poverty line" has the same meaning as in section | 86422 |
| 5104.01 of the Revised Code. | 86423 |
| (9) "Of compulsory school age" has the same meaning as in | 86424 |
| section 3321.01 of the Revised Code. | 86425 |
| (B) The Early Learning Initiative is hereby established. The | 86426 |
| Initiative shall be administered by the Department of Education | 86427 |
| and the Department of Job and Family Services in accordance with | 86428 |
| sections 5101.80 and 5101.801 of the Revised Code. The Initiative | 86429 |
| shall provide early learning programs and child care to eligible | 86430 |
| children. Early learning programs may provide early learning | 86431 |
| services on a full-day basis, a part-day basis, or both a full-day | 86432 |
| and part-day basis. | 86433 |
| (C) The Department of Education shall do all of the | 86434 |
| following: | 86435 |
| (1) Define the early learning services that will be provided | 86436 |
| to eligible children through the Early Learning Initiative; | 86437 |
| (2) In consultation with the Department of Job and Family | 86438 |
| Services, develop an application form and criteria for the | 86439 |
| selection of early learning agencies. The criteria shall require | 86440 |
| an early learning agency, or each early learning provider with | 86441 |
| which the agency has entered into an agreement for the operation | 86442 |
| of an early learning program on the agency's behalf, to be | 86443 |
| licensed or certified by the Department of Education under | 86444 |
| sections 3301.52 to 3301.59 of the Revised Code or by the | 86445 |
| Department of Job and Family Services under Chapter 5104. of the | 86446 |
| Revised Code. | 86447 |
| (3) Establish early learning program guidelines for school | 86448 |
| readiness to assess the operation of early learning programs. | 86449 |
| (D) Any entity that seeks to be an early learning agency | 86450 |
| shall apply to the Department of Education by a deadline | 86451 |
| established by the Department. The Department of Education shall | 86452 |
| select entities that meet the criteria established under division | 86453 |
| (C)(2) of this section to be early learning agencies. Upon | 86454 |
| selection of an entity to be an early learning agency, the | 86455 |
| Department of Education shall designate the number of eligible | 86456 |
| children the agency will serve. The Department of Education shall | 86457 |
| notify the Office of Budget and Management and the Department of | 86458 |
| Job and Family Services of the number so designated. | 86459 |
| (E) The Department of Education and the Department of Job and | 86460 |
| Family Services shall enter into a contract with each early | 86461 |
| learning agency selected under division (D) of this section. The | 86462 |
| contract shall outline the terms and conditions applicable to the | 86463 |
| provision of Title IV-A services for eligible children and shall | 86464 |
| include at least the following: | 86465 |
| (1) The respective duties of the early learning agency, the | 86466 |
| Department of Education, and the Department of Job and Family | 86467 |
| Services; | 86468 |
| (2) Requirements applicable to the allowable use of and | 86469 |
| accountability for Title IV-A funds; | 86470 |
| (3) A requirement that the amount used by the early learning | 86471 |
| agency for development and administrative costs shall not exceed | 86472 |
| fifteen per cent of the total approved costs for the early | 86473 |
| learning program; | 86474 |
| (4) Reporting requirements, including a requirement that the | 86475 |
| early learning provider inform the Department of Education when | 86476 |
| the provider learns that a kindergarten eligible child will not be | 86477 |
| enrolled in kindergarten; | 86478 |
| (5) The reimbursement methodology, including a requirement | 86479 |
| that reimbursement shall be based upon the weekly attendance rate | 86480 |
| of each eligible child, which shall be consistent with the rules | 86481 |
| adopted pursuant to division (C)(3) of Section 206.67.12 of this | 86482 |
| act; | 86483 |
| (6) Audit requirements; | 86484 |
| (7) Provisions for suspending, modifying, or terminating the | 86485 |
| contract; | 86486 |
| (8) A requirement that a child enrolled in a Head Start Plus | 86487 |
| program during fiscal year 2005 be given higher priority if the | 86488 |
| child is an eligible child and enrolls in an early learning | 86489 |
| program. | 86490 |
| The requirements of section 127.16 of the Revised Code do not | 86491 |
| apply to contracts entered into under this section. | 86492 |
| (F) If an early learning agency, or an early learning | 86493 |
| provider operating an early learning program on the agency's | 86494 |
| behalf, substantially fails to meet the early learning program | 86495 |
| guidelines for school readiness or exhibits below average | 86496 |
| performance, as determined by the Department of Education, the | 86497 |
| agency shall develop and implement a corrective action plan. The | 86498 |
| Department of Education shall approve the corrective action plan | 86499 |
| prior to implementation. | 86500 |
| (G) If an early learning agency fails to implement a | 86501 |
| corrective action plan under division (F) of this section, the | 86502 |
| Department of Education may direct the Department of Job and | 86503 |
| Family Services to withhold funding from the agency or either the | 86504 |
| Department of Education or the Department of Job and Family | 86505 |
| Services may suspend or terminate the contract with the agency. | 86506 |
| (H) Each early learning program shall do all of the | 86507 |
| following: | 86508 |
| (1) Meet teacher qualification requirements prescribed by | 86509 |
| section 3301.311 of the Revised Code; | 86510 |
| (2) Align curriculum to the early learning guidelines for | 86511 |
| school readiness established pursuant to division (C) of this | 86512 |
| section; | 86513 |
| (3) Meet any assessment requirements prescribed by section | 86514 |
| 3301.0715 of the Revised Code that apply to the program; | 86515 |
| (4) Require teachers, except teachers enrolled and working to | 86516 |
| obtain a degree pursuant to section 3301.311 of the Revised Code, | 86517 |
| to attend a minimum of twenty hours per year of professional | 86518 |
| development as prescribed by the Department of Education regarding | 86519 |
| the implementation of content standards and assessments; | 86520 |
| (5) Document and report child progress in meeting the early | 86521 |
| learning program guidelines for school readiness; | 86522 |
| (6) Meet and report compliance with the early learning | 86523 |
| program guidelines for school success. | 86524 |
| (I) Of the foregoing appropriation item 200-663, Early | 86525 |
| Learning Initiative, up to $2,200,000 in each fiscal year may be | 86526 |
| used by the Department of Education to perform administrative | 86527 |
| functions for the Early Learning Initiative. The Director of | 86528 |
| Budget and Management may transfer appropriation, as needed, from | 86529 |
| the Department of Education, appropriation item 200-663, Early | 86530 |
| Learning Initiative in Fund 5W2, to the Department of Job and | 86531 |
| Family Services, appropriation item 600-689, TANF Block Grant in | 86532 |
| Fund 3V6, for the successful operation of the Early Learning | 86533 |
| Initiative. This transfer shall take place not less than fifteen | 86534 |
| days after the Department of Education has provided the Office of | 86535 |
| Budget and Management and the Department of Job and Family | 86536 |
| Services its determination as to the number of children to be | 86537 |
| served by each early learning agency under division (D) of this | 86538 |
| section. The appropriation transferred is hereby authorized. | 86539 |
| START-UP FUNDS | 86540 |
| Funds appropriated for the purpose of providing start-up | 86541 |
| grants to Title IV-A Head Start and Title IV-A Head Start Plus | 86542 |
| agencies in fiscal year 2004 and fiscal year 2005 for the | 86543 |
| provision of services to children eligible for Title IV-A services | 86544 |
| under the Title IV-A Head Start or Title IV-A Head Start Plus | 86545 |
| programs shall be reimbursed to the General Revenue Fund as | 86546 |
| follows: | 86547 |
| (A) If, for fiscal year 2006, an entity that was a Title IV-A | 86548 |
| Head Start or Title IV-A Head Start Plus agency will not be an | 86549 |
| early learning agency or early learning provider, the entity shall | 86550 |
| repay the entire amount of the start-up grant it received in | 86551 |
| fiscal year 2004 and fiscal year 2005 not later than June 30, | 86552 |
| 2007, in accordance with a payment schedule agreed to by the | 86553 |
| Department of Education. | 86554 |
| (B) If, for fiscal year 2006, an entity that was a Title IV-A | 86555 |
| Head Start or Title IV-A Head Start Plus agency will be an early | 86556 |
| learning agency or early learning provider and the number of | 86557 |
| eligible children served beginning in fiscal year 2006 is less | 86558 |
| than the number for which the start-up grant was based, the amount | 86559 |
| of reimbursement shall be adjusted based on the number of eligible | 86560 |
| children who will be served by the entity in fiscal year 2006 and | 86561 |
| the rate of reimbursement for the early learning program set by | 86562 |
| the Department of Job and Family Services. The entity shall repay | 86563 |
| the amount determined pursuant to this division by not later than | 86564 |
| June 30, 2007, in accordance with a payment schedule agreed to by | 86565 |
| the Department of Education. | 86566 |
| (C) If, for fiscal year 2006, an entity that was a Title IV-A | 86567 |
| Head Start or Title IV-A Head Start Plus agency will be an early | 86568 |
| learning agency or early learning provider and the number of | 86569 |
| eligible children served beginning in fiscal year 2006 is greater | 86570 |
| than or equal to the number for which the start-up grants were | 86571 |
| based, the entity shall be allowed to retain the total amount of | 86572 |
| the start-up grant it received. | 86573 |
| (D) Within ninety days after the effective date of this | 86574 |
| section, the Title IV-A Head Start agencies, Title IV-A Head Start | 86575 |
| Plus agencies, and the Department of Education shall determine the | 86576 |
| amounts of the start-up grants to be repaid and within thirty days | 86577 |
| thereafter determine the repayment schedule for such amounts. The | 86578 |
| Department of Education shall refer any amounts remaining due and | 86579 |
| payable to the state after June 30, 2007, to the Attorney General | 86580 |
| for collection under section 131.02 of the Revised Code. | 86581 |
| (E) Any start-up grants that are retained by early learning | 86582 |
| agencies or early learning providers pursuant to this section | 86583 |
| shall be reimbursed to the General Revenue Fund when the early | 86584 |
| learning program ceases or is no longer funded from Title IV-A or | 86585 |
| if an early learning agency's or early learning provider's | 86586 |
| participation in the early learning program ceases. | 86587 |
| Section 206.09.55. AUXILIARY SERVICES REIMBURSEMENT | 86588 |
| Notwithstanding section 3317.064 of the Revised Code, if the | 86589 |
| unobligated cash balance is sufficient, the Treasurer of State | 86590 |
| shall transfer $1,500,000 in fiscal year 2006 within thirty days | 86591 |
| after the effective date of this section, and $1,500,000 in fiscal | 86592 |
| year 2007 by August 1, 2006, from the Auxiliary Services Personnel | 86593 |
| Unemployment Compensation Fund to the Department of Education's | 86594 |
| Auxiliary Services Reimbursement Fund (Fund 598). | 86595 |
| Section 206.09.57. LOTTERY PROFITS EDUCATION FUND | 86596 |
| Appropriation item 200-612, Foundation Funding (Fund 017), | 86597 |
| shall be used in conjunction with appropriation item 200-550, | 86598 |
| Foundation Funding (GRF), to provide payments to school districts | 86599 |
| under Chapter 3317. of the Revised Code. | 86600 |
| The Department of Education, with the approval of the | 86601 |
| Director of Budget and Management, shall determine the monthly | 86602 |
| distribution schedules of appropriation item 200-550, Foundation | 86603 |
| Funding (GRF), and appropriation item 200-612, Foundation Funding | 86604 |
| (Fund 017). If adjustments to the monthly distribution schedule | 86605 |
| are necessary, the Department of Education shall make such | 86606 |
| adjustments with the approval of the Director of Budget and | 86607 |
| Management. | 86608 |
| The Director of Budget and Management shall transfer via | 86609 |
| intrastate transfer voucher the amount appropriated under the | 86610 |
| Lottery Profits Education Fund for appropriation item 200-682, | 86611 |
| Lease Rental Payment Reimbursement, to the General Revenue Fund on | 86612 |
| a schedule determined by the director. These funds shall support | 86613 |
| the appropriation item 230-428, Lease Rental Payments (GRF), of | 86614 |
| the School Facilities Commission. | 86615 |
| Section 206.09.60. LOTTERY PROFITS EDUCATION RESERVE FUND | 86616 |
| (A) There is hereby created the Lottery Profits Education | 86617 |
| Reserve Fund (Fund 018) in the State Treasury. Investment earnings | 86618 |
| of the Lottery Profits Education Reserve Fund shall be credited to | 86619 |
| the fund. The Superintendent of Public Instruction may certify | 86620 |
| cash balances exceeding $75,000,000 in the Lottery Profits | 86621 |
| Education Reserve Fund (Fund 018) to the Director of Budget and | 86622 |
| Management in June of any given fiscal year. Prior to making the | 86623 |
| certification, the Superintendent of Public Instruction shall | 86624 |
| determine whether the funds above the $75,000,000 threshold are | 86625 |
| needed to help pay for foundation program obligations for that | 86626 |
| fiscal year under Chapter 3317. of the Revised Code. If those | 86627 |
| funds are needed for the foundation program, the Superintendent of | 86628 |
| Public Instruction shall notify and consult with the Director of | 86629 |
| Budget and Management to determine the amount that may be | 86630 |
| transferred to the Public School Building Fund (Fund 021). Upon | 86631 |
| this determination, the Director of Budget and Management shall | 86632 |
| transfer the amount from the Lottery Profits Education Reserve | 86633 |
| Fund (Fund 018) to the Public School Building Fund (Fund 021). The | 86634 |
| amount transferred is hereby appropriated to appropriation item | 86635 |
| CAP-622, Public School Buildings. | 86636 |
| For fiscal years 2006 and 2007, notwithstanding any | 86637 |
| provisions of law to the contrary, amounts necessary to make loans | 86638 |
| authorized by sections 3317.0210, 3317.0211, and 3317.62 of the | 86639 |
| Revised Code are hereby appropriated to the Lottery Profits | 86640 |
| Education Reserve Fund (Fund 018). Loan repayments from loans made | 86641 |
| in previous years shall be deposited to the fund. | 86642 |
| (B) On July 15, 2005, or as soon as possible thereafter, the | 86643 |
| Director of the Ohio Lottery Commission shall certify to the | 86644 |
| Director of Budget and Management the amount by which lottery | 86645 |
| profit transfers received by the Lottery Profits Education Fund | 86646 |
| (Fund 017) exceeded $637,900,000 in fiscal year 2005. The Director | 86647 |
| of Budget and Management shall transfer the amount so certified, | 86648 |
| plus the cash balance in Fund 017, to the Lottery Profits | 86649 |
| Education Reserve Fund (Fund 018). | 86650 |
| (C) On July 15, 2006, or as soon as possible thereafter, the | 86651 |
| Director of the Ohio Lottery Commission shall certify to the | 86652 |
| Director of Budget and Management the amount by which lottery | 86653 |
| profit transfers received by the Lottery Profits Education Fund | 86654 |
| (Fund 017) exceeded $637,900,000 in fiscal year 2006. The Director | 86655 |
| of Budget and Management shall transfer the amount so certified, | 86656 |
| plus the cash balance in Fund 017, to the Lottery profits | 86657 |
| Education Reserve Fund (Fund 018). | 86658 |
| (D) Any amounts transferred under division (B) or (C) of this | 86659 |
| section may be made available by the Controlling Board in fiscal | 86660 |
| years 2006 or 2007, at the request of the Superintendent of Public | 86661 |
| Instruction, to provide assistance and grants to school districts | 86662 |
| to enable them to remain solvent and to pay unforeseeable expenses | 86663 |
| of a temporary or emergency nature that they are unable to pay | 86664 |
| from existing resources under section 3316.20 of the Revised Code, | 86665 |
| and to provide payments to school districts under Chapter 3317. of | 86666 |
| the Revised Code. | 86667 |
| Section 206.09.61. GENERAL REVENUE FUND TRANSFERS TO SCHOOL | 86668 |
| DISTRICT PROPERTY TAX REPLACEMENT – BUSINESS (FUND 047) | 86669 |
| Notwithstanding any provision of law to the contrary, the | 86670 |
| Director of Budget and Management shall transfer $10,010,000 in | 86671 |
| fiscal year 2006 and $70,210,000 in fiscal year 2007 from the | 86672 |
| General Revenue Fund to appropriation item 200-909, School | 86673 |
| District Property Tax Replacement – Business (Fund 047) in the | 86674 |
| Department of Education. The funds shall be used to reimburse | 86675 |
| school districts and joint vocational districts under section | 86676 |
| 5751.21 of the Revised Code. | 86677 |
| Section 206.09.63. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - | 86678 |
| BUSINESS | 86679 |
| The foregoing appropriation item, 200-909, School District | 86680 |
| Property Tax Replacement – Business, in Fund 047, shall be used by | 86681 |
| the Department of Education, in consultation with the Department | 86682 |
| of Taxation, to make payments to school districts and joint | 86683 |
| vocational school districts under section 5751.21 of the Revised | 86684 |
| Code. | 86685 |
| SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY | 86686 |
| The foregoing appropriation item 200-900, School District | 86687 |
| Property Tax Replacement-Utility, in Fund 053, shall be used by | 86688 |
| the Department of Education, in consultation with the Department | 86689 |
| of Taxation, to make payments to school districts and joint | 86690 |
| vocational school districts under section 5727.85 of the Revised | 86691 |
| Code. | 86692 |
| * Section 206.09.66. DISTRIBUTION FORMULAS | 86693 |
| The Department of Education shall report the following to the | 86694 |
| Director of Budget and Management, the Legislative Office of | 86695 |
| Education Oversight, and the Legislative Service Commission: | 86696 |
| (A) Changes in formulas for distributing state | 86697 |
| appropriations, including administratively defined formula | 86698 |
| factors; | 86699 |
| (B) Discretionary changes in formulas for distributing | 86700 |
| federal appropriations; | 86701 |
| (C) Federally mandated changes in formulas for distributing | 86702 |
| federal appropriations. | 86703 |
| Any such changes shall be reported two weeks prior to the | 86704 |
| effective date of the change. | 86705 |
| Section 206.09.69. EDUCATIONAL SERVICE CENTERS FUNDING | 86706 |
| (A) As used in this section: | 86707 |
| (1) "Internet- or computer-based community school" has the | 86708 |
| same meaning as in section 3314.02 of the Revised Code. | 86709 |
| (2) "Service center ADM" has the same meaning as in section | 86710 |
| 3317.11 of the Revised Code. | 86711 |
| (B) Notwithstanding division (F) of section 3317.11 of the | 86712 |
| Revised Code, no funds shall be provided under that division to an | 86713 |
| educational service center in either fiscal year for any pupils of | 86714 |
| a city or exempted village school district unless an agreement to | 86715 |
| provide services under section 3313.843 of the Revised Code was | 86716 |
| entered into by January 1, 1997, except that funds shall be | 86717 |
| provided to an educational service center for any pupils of a city | 86718 |
| school district if the agreement to provide services was entered | 86719 |
| into within one year of the date upon which such district changed | 86720 |
| from a local school district to a city school district. | 86721 |
| (C) Notwithstanding any provision of the Revised Code to the | 86722 |
| contrary, an educational service center that sponsors a community | 86723 |
| school under Chapter 3314. of the Revised Code in either fiscal | 86724 |
| year may include the students of that community school in its | 86725 |
| service center ADM for purposes of state funding under division | 86726 |
| (F) of section 3317.11 of the Revised Code, unless the community | 86727 |
| school is an Internet- or computer-based community school. A | 86728 |
| service center shall include the community school students in its | 86729 |
| service center ADM only to the extent that the students are not | 86730 |
| already so included, and only in accordance with guidelines issued | 86731 |
| by the Department of Education. If the students of a community | 86732 |
| school sponsored by an educational service center are included in | 86733 |
| the service center ADM of another educational service center, | 86734 |
| those students shall be removed from the service center ADM of the | 86735 |
| other educational service center and added to the service center | 86736 |
| ADM of the community school's sponsoring service center. The | 86737 |
| General Assembly authorizes this procedure as an incentive for | 86738 |
| educational service centers to take over sponsorship of community | 86739 |
| schools from the State Board of Education as the State Board's | 86740 |
| sponsorship is phased out in accordance with Sub. H.B. 364 of the | 86741 |
| 124th General Assembly. No student of an Internet- or | 86742 |
| computer-based community school shall be counted in the service | 86743 |
| center ADM of any educational service center. The Department shall | 86744 |
| pay educational service centers under division (F) of section | 86745 |
| 3317.11 of the Revised Code for community school students included | 86746 |
| in their service center ADMs under this division only if | 86747 |
| sufficient funds earmarked within appropriation item 200-550, | 86748 |
| Foundation Funding, for payments under that division remain after | 86749 |
| first paying for students attributable to their local and client | 86750 |
| school districts, in accordance with divisions (B) and (D) of this | 86751 |
| section. | 86752 |
| (D) If insufficient funds are earmarked within appropriation | 86753 |
| item 200-550, Foundation Funding, for payments under division (F) | 86754 |
| of section 3317.11 of the Revised Code and division (C) of this | 86755 |
| section in fiscal year 2006 or fiscal year 2007, the Department | 86756 |
| shall prioritize the distribution of the earmarked funds as | 86757 |
| follows: | 86758 |
| (1) The Department shall first distribute to each educational | 86759 |
| service center the per-student amount specified in division (F) of | 86760 |
| section 3317.11 of the Revised Code for each student in its | 86761 |
| service center ADM attributable to the local school districts | 86762 |
| within the service center's territory. | 86763 |
| (2) The Department shall distribute the remaining funds in | 86764 |
| each fiscal year to each educational service center for the | 86765 |
| students in its service center ADM attributable to each city and | 86766 |
| exempted village school district that had entered into an | 86767 |
| agreement with an educational service center for that fiscal year | 86768 |
| under section 3313.843 of the Revised Code by January 1, 1997, up | 86769 |
| to the per-student amount specified in division (F) of section | 86770 |
| 3317.11 of the Revised Code. If insufficient funds remain to pay | 86771 |
| each service center the full amount specified in division (F) of | 86772 |
| that section for each such student, the Department shall | 86773 |
| distribute the remaining funds to each service center | 86774 |
| proportionally, on a per-student basis for each such student, | 86775 |
| unless that proportional per-student amount exceeds the amount | 86776 |
| specified in division (F)(1) of that section. In that case, the | 86777 |
| Department shall distribute the per-student amount specified in | 86778 |
| division (F)(1) of that section to each service center for each | 86779 |
| such student and shall distribute the remainder proportionally, on | 86780 |
| a per-student basis for each such student, to the multi-county | 86781 |
| service centers described in division (F)(2) of that section. | 86782 |
| (3) If the Department has paid each service center under | 86783 |
| divisions (D)(1) and (2) of this section, the full amount | 86784 |
| specified in division (F) of section 3317.11 of the Revised Code | 86785 |
| for each student attributable to its local school districts and | 86786 |
| its client school districts described in division (D)(2) of this | 86787 |
| section the Department shall distribute any remaining funds | 86788 |
| proportionally, on a per-student basis, to each service center | 86789 |
| that sponsors a community school, other than an Internet- or | 86790 |
| computer-based community school, for the students included in the | 86791 |
| service center ADM under division (C) of this section. These | 86792 |
| payments shall not exceed per student the amount specified in | 86793 |
| division (F) of section 3317.11 of the Revised Code. | 86794 |
| * Section 206.09.72. For the school year commencing July 1, | 86795 |
| 2005, or the school year commencing July 1, 2006, or both, the | 86796 |
| Superintendent of Public Instruction may waive for the board of | 86797 |
| education of any school district the ratio of teachers to pupils | 86798 |
| in kindergarten through fourth grade required under paragraph | 86799 |
| (A)(3) of rule 3301-35-05 of the Administrative Code if the | 86800 |
| following conditions apply: | 86801 |
| (A) The board of education requests the waiver. | 86802 |
| (B) After the Department of Education conducts an on-site | 86803 |
| evaluation of the district related to meeting the required ratio, | 86804 |
| the board of education demonstrates to the satisfaction of the | 86805 |
| Superintendent of Public Instruction that providing the facilities | 86806 |
| necessary to meet the required ratio during the district's regular | 86807 |
| school hours with pupils in attendance would impose an extreme | 86808 |
| hardship on the district. | 86809 |
| (C) The board of education provides assurances that are | 86810 |
| satisfactory to the Superintendent of Public Instruction that the | 86811 |
| board will act in good faith to meet the required ratio as soon as | 86812 |
| possible. | 86813 |
| Section 206.09.75. PRIVATE TREATMENT FACILITY PROJECT | 86814 |
| (A) As used in this section: | 86815 |
| (1) The following are "participating residential treatment | 86816 |
| centers": | 86817 |
| (a) Private residential treatment facilities that have | 86818 |
| entered into a contract with the Department of Youth Services to | 86819 |
| provide services to children placed at the facility by the | 86820 |
| Department and which, in fiscal year 2006 or fiscal year 2007 or | 86821 |
| both, the Department pays through appropriation item 470-401, Care | 86822 |
| and Custody; | 86823 |
| (b) Abraxas, in Shelby; | 86824 |
| (c) Paint Creek, in Bainbridge; | 86825 |
| (d) Act One, in Akron; | 86826 |
| (e) Friars Club, in Cincinnati. | 86827 |
| (2) "Education program" means an elementary or secondary | 86828 |
| education program or a special education program and related | 86829 |
| services. | 86830 |
| (3) "Served child" means any child receiving an education | 86831 |
| program pursuant to division (B) of this section. | 86832 |
| (4) "School district responsible for tuition" means a city, | 86833 |
| exempted village, or local school district that, if tuition | 86834 |
| payment for a child by a school district is required under law | 86835 |
| that existed in fiscal year 1998, is the school district required | 86836 |
| to pay that tuition. | 86837 |
| (5) "Residential child" means a child who resides in a | 86838 |
| participating residential treatment center and who is receiving an | 86839 |
| educational program under division (B) of this section. | 86840 |
| (B) A youth who is a resident of the state and has been | 86841 |
| assigned by a juvenile court or other authorized agency to a | 86842 |
| residential treatment facility specified in division (A) of this | 86843 |
| section shall be enrolled in an approved educational program | 86844 |
| located in or near the facility. Approval of the educational | 86845 |
| program shall be contingent upon compliance with the criteria | 86846 |
| established for such programs by the Department of Education. The | 86847 |
| educational program shall be provided by a school district or | 86848 |
| educational service center, or by the residential facility itself. | 86849 |
| Maximum flexibility shall be given to the residential treatment | 86850 |
| facility to determine the provider. In the event that a voluntary | 86851 |
| agreement cannot be reached and the residential facility does not | 86852 |
| choose to provide the educational program, the educational service | 86853 |
| center in the county in which the facility is located shall | 86854 |
| provide the educational program at the treatment center to | 86855 |
| children under twenty-two years of age residing in the treatment | 86856 |
| center. | 86857 |
| (C) Any school district responsible for tuition for a | 86858 |
| residential child shall, notwithstanding any conflicting provision | 86859 |
| of the Revised Code regarding tuition payment, pay tuition for the | 86860 |
| child for fiscal year 2006 and fiscal year 2007 to the education | 86861 |
| program provider and in the amount specified in this division. If | 86862 |
| there is no school district responsible for tuition for a | 86863 |
| residential child and if the participating residential treatment | 86864 |
| center to which the child is assigned is located in the city, | 86865 |
| exempted village, or local school district that, if the child were | 86866 |
| not a resident of that treatment center, would be the school | 86867 |
| district where the child is entitled to attend school under | 86868 |
| sections 3313.64 and 3313.65 of the Revised Code, that school | 86869 |
| district, notwithstanding any conflicting provision of the Revised | 86870 |
| Code, shall pay tuition for the child for fiscal year 2006 and | 86871 |
| fiscal year 2007 under this division unless that school district | 86872 |
| is providing the educational program to the child under division | 86873 |
| (B) of this section. | 86874 |
| A tuition payment under this division shall be made to the | 86875 |
| school district, educational service center, or residential | 86876 |
| treatment facility providing the educational program to the child. | 86877 |
| The amount of tuition paid shall be: | 86878 |
| (1) The amount of tuition determined for the district under | 86879 |
| division (A) of section 3317.08 of the Revised Code; | 86880 |
| (2) In addition, for any student receiving special education | 86881 |
| pursuant to an individualized education program as defined in | 86882 |
| section 3323.01 of the Revised Code, a payment for excess costs. | 86883 |
| This payment shall equal the actual cost to the school district, | 86884 |
| educational service center, or residential treatment facility of | 86885 |
| providing special education and related services to the student | 86886 |
| pursuant to the student's individualized education program, minus | 86887 |
| the tuition paid for the child under division (C)(1) of this | 86888 |
| section. | 86889 |
| A school district paying tuition under this division shall | 86890 |
| not include the child for whom tuition is paid in the district's | 86891 |
| average daily membership certified under division (A) of section | 86892 |
| 3317.03 of the Revised Code. | 86893 |
| (D) In each of fiscal years 2006 and 2007, the Department of | 86894 |
| Education shall reimburse, from appropriations made for the | 86895 |
| purpose, a school district, educational service center, or | 86896 |
| residential treatment facility, whichever is providing the | 86897 |
| service, that has demonstrated that it is in compliance with the | 86898 |
| funding criteria for each served child for whom a school district | 86899 |
| must pay tuition under division (C) of this section. The amount of | 86900 |
| the reimbursement shall be the formula amount specified in section | 86901 |
| 3317.022 of the Revised Code, except that the department shall | 86902 |
| proportionately reduce this reimbursement if sufficient funds are | 86903 |
| not available to pay this amount to all qualified providers. | 86904 |
| (E) Funds provided to a school district, educational service | 86905 |
| center, or residential treatment facility under this section shall | 86906 |
| be used to supplement, not supplant, funds from other public | 86907 |
| sources for which the school district, service center, or | 86908 |
| residential treatment facility is entitled or eligible. | 86909 |
| (F) The Department of Education shall track the utilization | 86910 |
| of funds provided to school districts, educational service | 86911 |
| centers, and residential treatment facilities under this section | 86912 |
| and monitor the effect of the funding on the educational programs | 86913 |
| they provide in participating residential treatment facilities. | 86914 |
| The department shall monitor the programs for educational | 86915 |
| accountability. | 86916 |
| Section 206.09.78. SCHOOL DISTRICT PARTICIPATION IN NATIONAL | 86917 |
| ASSESSMENT OF EDUCATION PROGRESS | 86918 |
| The General Assembly intends for the Superintendent of Public | 86919 |
| Instruction to provide for school district participation in the | 86920 |
| administration of the National Assessment of Education Progress in | 86921 |
| accordance with section 3301.27 of the Revised Code. Each school | 86922 |
| and school district selected for participation by the | 86923 |
| Superintendent of Public Instruction shall participate. | 86924 |
| Section 206.09.81. DEPARTMENT OF EDUCATION APPROPRIATION | 86925 |
| TRANSFERS FOR STUDENT ASSESSMENT | 86926 |
| In fiscal year 2006 and fiscal year 2007, if the | 86927 |
| Superintendent of Public Instruction determines that additional | 86928 |
| funds are needed to fully fund the requirements of Am. Sub. H.B. 3 | 86929 |
| of the 125th General Assembly for assessments of student | 86930 |
| performance, the Superintendent of Public Instruction may | 86931 |
| recommend the reallocation of unspent and unencumbered | 86932 |
| appropriations within the Department of Education to the General | 86933 |
| Revenue Fund appropriation item 200-437, Student Assessment, to | 86934 |
| the Director of Budget and Management. If the Director of Budget | 86935 |
| and Management determines that such a reallocation is required, | 86936 |
| the Director of Budget and Management may transfer unspent and | 86937 |
| unencumbered funds within the Department of Education as necessary | 86938 |
| to appropriation item 200-437, Student Assessment. | 86939 |
| Section 206.09.84. (A) As used in this section: | 86940 |
| (1) "Entitled to attend school" means entitled to attend | 86941 |
| school in a school district under section 3313.64 and 3313.65 of | 86942 |
| the Revised Code. | 86943 |
| (2) "Formula ADM" and "category six special education ADM" | 86944 |
| have the same meanings as in section 3317.02 of the Revised Code. | 86945 |
| (3) "Individualized education program" has the same meaning | 86946 |
| as in section 3323.01 of the Revised Code. | 86947 |
| (4) "Parent" has the same meaning as in section 3313.64 of | 86948 |
| the Revised Code. | 86949 |
| (5) "Qualified special education child" is a child for whom | 86950 |
| all of the following conditions apply: | 86951 |
| (a) The school district in which the child is entitled to | 86952 |
| attend school has identified the child as autistic. | 86953 |
| (b) The school district in which the child is entitled to | 86954 |
| attend school has developed an individualized education program | 86955 |
| under Chapter 3323. of the Revised Code for the child. | 86956 |
| (c) The child either: | 86957 |
| (i) Was enrolled in the school district in which the child is | 86958 |
| entitled to attend school in any grade from preschool through | 86959 |
| twelve in the school year prior to the year in which a scholarship | 86960 |
| under this section is first sought for the child; or | 86961 |
| (ii) Is eligible to enter school in any grade preschool | 86962 |
| through twelve in the school district in which the child is | 86963 |
| entitled to attend school in the school year in which a | 86964 |
| scholarship under this section is first sought for the child. | 86965 |
| (6) "Registered private provider" means a nonpublic school or | 86966 |
| other nonpublic entity that has been approved by the Department of | 86967 |
| Education to participate in the program established under this | 86968 |
| section. | 86969 |
| (B) There is hereby established the Pilot Project Special | 86970 |
| Education Scholarship Program. Under the program, in fiscal years | 86971 |
| 2006 and 2007, the Department of Education shall pay a scholarship | 86972 |
| to the parent of each qualified special education child upon | 86973 |
| application of that parent pursuant to procedures and deadlines | 86974 |
| established by rule of the State Board of Education. Each | 86975 |
| scholarship shall be used only to pay tuition for the child on | 86976 |
| whose behalf the scholarship is awarded to attend a special | 86977 |
| education program that implements the child's individualized | 86978 |
| education program and that is operated by a school district other | 86979 |
| than the school district in which the child is entitled to attend | 86980 |
| school, by another public entity, or by a registered private | 86981 |
| provider. Each scholarship shall be in an amount not to exceed the | 86982 |
| lesser of the tuition charged for the child by the special | 86983 |
| education program or twenty thousand dollars. The purpose of the | 86984 |
| scholarship is to permit the parent of a qualified special | 86985 |
| education child the choice to send the child to a special | 86986 |
| education program, instead of the one operated by or for the | 86987 |
| school district in which the child is entitled to attend school, | 86988 |
| to receive the services prescribed in the child's individualized | 86989 |
| education program once the individualized education program is | 86990 |
| finalized. A scholarship under this section shall not be awarded | 86991 |
| to the parent of a child while the child's individualized | 86992 |
| education program is being developed by the school district in | 86993 |
| which the child is entitled to attend school, or while any | 86994 |
| administrative or judicial mediation or proceedings with respect | 86995 |
| to the content of the child's individualized education program are | 86996 |
| pending. A scholarship under this section shall not be used for a | 86997 |
| child to attend a public special education program that operates | 86998 |
| under a contract, compact, or other bilateral agreement between | 86999 |
| the school district in which the child is entitled to attend | 87000 |
| school and another school district or other public provider, or | 87001 |
| for a child to attend a community school established under Chapter | 87002 |
| 3314. of the Revised Code. However, nothing in this section or in | 87003 |
| any rule adopted by the State Board of Education shall prohibit a | 87004 |
| parent whose child attends a public special education program | 87005 |
| under a contract, compact, or other bilateral agreement, or a | 87006 |
| parent whose child attends a community school, from applying for | 87007 |
| and accepting a scholarship under this section so that the parent | 87008 |
| may withdraw the child from that program or community school and | 87009 |
| use the scholarship for the child to attend a special education | 87010 |
| program for which the parent is required to pay for services for | 87011 |
| the child. A child attending a special education program with a | 87012 |
| scholarship under this section shall continue to be entitled to | 87013 |
| transportation to and from that program in the manner prescribed | 87014 |
| by law. | 87015 |
| (C)(1) Notwithstanding anything to the contrary in the | 87016 |
| Revised Code, a child for whom a scholarship is awarded under this | 87017 |
| section shall be counted in the formula ADM and the category six | 87018 |
| special education ADM of the district in which the child is | 87019 |
| entitled to attend school and not in the formula ADM and the | 87020 |
| category six special education ADM of any other school district. | 87021 |
| (2) In each fiscal year, the Department shall deduct from the | 87022 |
| amounts paid to each school district under Chapter 3317. of the | 87023 |
| Revised Code, and, if necessary, sections 321.24 and 323.156 of | 87024 |
| the Revised Code, the aggregate amount of scholarships awarded | 87025 |
| under this section for qualified special education children | 87026 |
| included in the formula ADM and category six special education ADM | 87027 |
| of that school district as provided in division (C)(1) of this | 87028 |
| section. The scholarships deducted shall be considered as an | 87029 |
| approved special education and related services expense for the | 87030 |
| purpose of the school district's compliance with division (C)(5) | 87031 |
| of section 3317.022 of the Revised Code. | 87032 |
| (3) From time to time, the Department shall make a payment to | 87033 |
| the parent of each qualified special education child for whom a | 87034 |
| scholarship has been awarded under this section. The scholarship | 87035 |
| amount shall be proportionately reduced in the case of any such | 87036 |
| child who is not enrolled in the special education program for | 87037 |
| which a scholarship was awarded under this section for the entire | 87038 |
| school year. The Department shall make no payments to the parent | 87039 |
| of a child while any administrative or judicial mediation or | 87040 |
| proceedings with respect to the content of the child's | 87041 |
| individualized education program are pending. | 87042 |
| (D) A scholarship shall not be paid to a parent for payment | 87043 |
| of tuition owed to a nonpublic entity unless that entity is a | 87044 |
| registered private provider. The Department shall approve entities | 87045 |
| that meet the standards established by rule of the State Board for | 87046 |
| the program established under this section. | 87047 |
| (E) The State Board shall adopt rules under Chapter 119. of | 87048 |
| the Revised Code prescribing procedures necessary to implement | 87049 |
| this section, including, but not limited to, procedures and | 87050 |
| deadlines for parents to apply for scholarships, standards for | 87051 |
| registered private providers, and procedures for approval of | 87052 |
| entities as registered private providers. The Board shall adopt | 87053 |
| the rules so that the program established under this section is | 87054 |
| operational by January 1, 2004. | 87055 |
| Section 206.09.90. INTERVENTION FUNDING | 87056 |
| No later than September 30, 2006, each school district shall | 87057 |
| report, in a manner defined by the Department of Education, how | 87058 |
| state intervention funding provided under division (B)(1) of | 87059 |
| section 3317.012 and division (C) of section 3317.029 of the | 87060 |
| Revised Code in fiscal year 2006 was deployed. To the degree that | 87061 |
| school districts do not meet adequate progress standards as | 87062 |
| defined by the Department of Education, the Department shall use | 87063 |
| the reported information to intervene at the district and building | 87064 |
| levels to make recommendations on how state funding for | 87065 |
| intervention should be deployed in a more effective manner. This | 87066 |
| information shall also be used by the Department to inform its | 87067 |
| recommendations required in the section of this act entitled | 87068 |
| "DISTRICT SPENDING REQUIREMENTS." | 87069 |
| Section 206.09.93. EARMARK ACCOUNTABILITY | 87070 |
| At the request of the Superintendent of Public Instruction, | 87071 |
| any entity that receives a budget earmark under the Department of | 87072 |
| Education shall submit annually to the chairpersons of the | 87073 |
| committees of the House of Representatives and the Senate | 87074 |
| primarily concerned with education and to the Department of | 87075 |
| Education a report that includes a description of the services | 87076 |
| supported by the funds, a description of the results achieved by | 87077 |
| those services, an analysis of the effectiveness of the program, | 87078 |
| and an opinion as to the program's applicability to other school | 87079 |
| districts. For an earmarked entity that received state funds from | 87080 |
| an earmark in the prior fiscal year, no funds shall be provided by | 87081 |
| the Department of Education to an earmarked entity for a fiscal | 87082 |
| year until its report for the prior fiscal year has been | 87083 |
| submitted. | 87084 |
| Section 206.09.99. The revisions by this act to the | 87085 |
| Post-Secondary Enrollment Options Program established under | 87086 |
| Chapter 3365. of the Revised Code shall apply as follows: | 87087 |
| (A) The amendment to the definition of "tuition base" in | 87088 |
| section 3365.01 of the Revised Code, as amended by this act, shall | 87089 |
| apply to payments for courses taken beginning in the 2005-2006 | 87090 |
| school year. | 87091 |
| (B) The requirement that a secondary grade student be a | 87092 |
| resident of this state in order to participate in the | 87093 |
| Post-Secondary Enrollment Options Program as specified in section | 87094 |
| 3365.02 of the Revised Code, as amended by this act, shall not | 87095 |
| apply to students participating in the program during fiscal year | 87096 |
| 2005. That requirement applies to students participating in the | 87097 |
| program after July 1, 2005, regardless of whether they | 87098 |
| participated in the program prior to that date. | 87099 |
| Section 206.10.03. Not later than September 1, 2005, the | 87100 |
| Superintendent of Public Instruction shall begin preparations to | 87101 |
| implement the Educational Choice Scholarship Pilot Program | 87102 |
| established by sections 3310.01 to 3310.17 of the Revised Code. | 87103 |
| The Superintendent shall ensure that school districts, chartered | 87104 |
| nonpublic schools, students, and parents are informed of the | 87105 |
| Educational Choice Scholarship Pilot Program and how the Program | 87106 |
| may affect them. The Superintendent shall provide such information | 87107 |
| in sufficient time for affected parties to meet all deadlines | 87108 |
| imposed for participation in the Educational Choice Scholarship | 87109 |
| Pilot Program in the 2006-2007 school year. The State Board of | 87110 |
| Education shall adopt the rules required by section 3310.16 of the | 87111 |
| Revised Code so that those rules are in effect and the Educational | 87112 |
| Choice Scholarship Pilot Program is operational in the school year | 87113 |
| that commences July 1, 2006. | 87114 |
| The Superintendent shall select not more than 10,000 students | 87115 |
| in fiscal year 2007 to be awarded scholarships under the | 87116 |
| Educational Choice Scholarship Pilot Program. | 87117 |
| Section 206.10.05. Not later than December 31, 2005, the | 87118 |
| Department of Education shall make recommendations to the General | 87119 |
| Assembly regarding the payment of state parity aid to community | 87120 |
| schools in fiscal year 2007. | 87121 |
| Section 206.10.07. (A) Within sixty days after the effective | 87122 |
| date of this section, the Director of Administrative Services | 87123 |
| shall contract with a third party to investigate the most cost | 87124 |
| effective method for funding school districts' health benefits. | 87125 |
| The third party shall consider all the following when conducting | 87126 |
| the investigation: | 87127 |
| (1) Existing school district benefit offerings, employees' | 87128 |
| costs for the benefits, and cost sharing arrangements; | 87129 |
| (2) Existing health care pools and consortiums in which | 87130 |
| school districts participate; | 87131 |
| (3) Potential benefits of state or regional regulated health | 87132 |
| care pools or consortiums that offer multiple health care plans | 87133 |
| and that have different pools or consortiums for each region of | 87134 |
| the state; | 87135 |
| (4) Existing strategies that positively manage health care | 87136 |
| costs; | 87137 |
| (5) Other states' studies of, experience with, or existing | 87138 |
| statewide and regional health care pools or consortiums; | 87139 |
| (6) Alternatives to statewide or regional health care pools, | 87140 |
| including, but not limited to, existing consortiums and school | 87141 |
| alliances. | 87142 |
| (B) There is hereby created the Health Care Task Force within | 87143 |
| the Department of Administrative Services. The Director of | 87144 |
| Administrative Services shall appoint the members of the Task | 87145 |
| Force within ninety days after the effective date of this section | 87146 |
| and with the consent of the President of the Senate and the | 87147 |
| Speaker of the House of Representatives. The seventeen-member task | 87148 |
| force shall consist of the following members: | 87149 |
| (1) One member from each of the following: | 87150 |
| (a) Ohio School Boards Association; | 87151 |
| (b) Ohio Education Association; | 87152 |
| (c) Ohio Association of Public School Employees; | 87153 |
| (d) Ohio Association of School Business Officials; | 87154 |
| (e) Ohio Association of Health Underwriters; | 87155 |
| (f) Department of Insurance; | 87156 |
| (g) Department of Administrative Services; | 87157 |
| (h) A school health care consortium. | 87158 |
| (2) One member of a health insuring corporation licensed to | 87159 |
| do business in Ohio and recommended by the Ohio Association of | 87160 |
| Health Plans; | 87161 |
| (3) A person licensed under Chapter 3923. of the Revised Code | 87162 |
| recommended by the Ohio Association of Health Plans; | 87163 |
| (4) A third party administrator licensed under Chapter 3959. | 87164 |
| of the Revised Code; | 87165 |
| (5) Three members of the Senate; | 87166 |
| (6) Three members of the House of Representatives. | 87167 |
| (C) Within ninety days after the Director of Administrative | 87168 |
| Services contracts with the third party to conduct the | 87169 |
| investigation described in division (A) of this section, the third | 87170 |
| party shall report initial data to the Health Care Task Force. | 87171 |
| Within ninety days after reporting the initial data, the third | 87172 |
| party shall report final data to the Task Force. Using the final | 87173 |
| data, the Task Force shall determine whether any changes to the | 87174 |
| existing school employee health benefit purchasing system would | 87175 |
| result in cost savings and make findings and recommendations based | 87176 |
| on these determinations. The Task Force's findings and | 87177 |
| recommendations shall include, but are not limited to, all of the | 87178 |
| following: | 87179 |
| (1) Identification of any necessary provisions needed to | 87180 |
| ensure long-term financial solvency and stability of a health care | 87181 |
| purchasing system; | 87182 |
| (2) Potential impacts of any changes to the existing | 87183 |
| purchasing structure on all of the following: | 87184 |
| (a) Private companies and brokers, consultants, and agents | 87185 |
| currently providing or producing health care benefits and services | 87186 |
| through fully-insured or self-insured arrangements; | 87187 |
| (b) Existing health care pooling and consortiums; | 87188 |
| (c) Individual school districts; | 87189 |
| (d) Existing and future collective bargaining agreements. | 87190 |
| (3) Identification of issues that could arise when school | 87191 |
| districts would transition from the existing purchasing structure | 87192 |
| to a new purchasing structure; | 87193 |
| (4) Projected costs and savings to the state, school boards, | 87194 |
| and school employees if the existing purchasing structure is | 87195 |
| changed, including, but not limited to, costs of health care | 87196 |
| claims, health care premiums, and administrative costs. | 87197 |
| (D) The Task Force shall submit the findings and | 87198 |
| recommendations described in division (C) of this section and the | 87199 |
| final data of the investigation done by the third party described | 87200 |
| in division (A) of this section to the President of the Senate, | 87201 |
| the Speaker of the House of Representatives, and the Director of | 87202 |
| Budget and Management not later than forty-five days after | 87203 |
| receiving the final data from the third party. The Director of | 87204 |
| Administrative Services may extend the deadline with the consent | 87205 |
| of the President of the Senate and the Speaker of the House of | 87206 |
| Representatives. The Director of Administrative Services shall | 87207 |
| make copies of the findings and recommendations available to the | 87208 |
| public upon request. After the Task Force submits findings and | 87209 |
| recommendations as required in this division, the Task Force | 87210 |
| ceases to exist. | 87211 |
| Section 206.10.09. Within thirty days after the effective | 87212 |
| date of this section, the Department of Education shall notify | 87213 |
| each entity approved to be a sponsor of community schools pursuant | 87214 |
| to division (B)(1) of section 3314.015 of the Revised Code prior | 87215 |
| to the effective date of this section and each entity that is not | 87216 |
| required to be so approved by section 3314.021 of the Revised Code | 87217 |
| or Section 6 of Sub. H.B. 364 of the 124th General Assembly of the | 87218 |
| number of schools the entity may sponsor under that division. | 87219 |
| Section 206.10.12. (A) The School Physical Fitness and | 87220 |
| Wellness Advisory Council is hereby established. The Council shall | 87221 |
| consist of the following members: | 87222 |
| (1) A representative of the Ohio Association for Health, | 87223 |
| Physical Education, Recreation and Dance, appointed by the | 87224 |
| Association; | 87225 |
| (2) A school food service director, appointed by the Ohio | 87226 |
| School Food Service Association; | 87227 |
| (3) A representative of the Ohio School Boards Association, | 87228 |
| appointed by the Association; | 87229 |
| (4) A registered dietician, appointed by the Ohio Dietetic | 87230 |
| Association; | 87231 |
| (5) A representative of the Ohio State Medical Association, | 87232 |
| appointed by the Association; | 87233 |
| (6) A representative of the food industry, appointed by the | 87234 |
| Ohio Chamber of Commerce; | 87235 |
| (7) A representative of the Ohio Parent Teacher Association, | 87236 |
| appointed by the Association; | 87237 |
| (8) A representative of the Ohio Soft Drink Association, | 87238 |
| appointed by the Association; | 87239 |
| (9) A representative of the Department of Education, | 87240 |
| appointed by the Superintendent of Public Instruction; | 87241 |
| (10) A representative of the Ohio Parks and Recreation | 87242 |
| Association, appointed by the Association; | 87243 |
| (11) The Director of Health; | 87244 |
| (12) A representative of the Ohio Children's Hunger Alliance, | 87245 |
| appointed by the Alliance. | 87246 |
| (B) Appointments to the Council shall be made within thirty | 87247 |
| days after the effective date of this section. The representative | 87248 |
| of the Department of Education shall be the chairperson of the | 87249 |
| Council. The Council shall meet at least every two months. The | 87250 |
| Department of Education shall provide administrative support to | 87251 |
| the Council in the performance of its duties. | 87252 |
| (C) The Council shall develop guidelines for best practices | 87253 |
| regarding nutrition education, physical activity for students, and | 87254 |
| school-based activities and school-business partnerships that | 87255 |
| promote student wellness. For this purpose, the Council shall | 87256 |
| examine research concerning these issues and review existing | 87257 |
| guidelines and best practices established by associations or | 87258 |
| governmental entities at the national, state, and local levels. | 87259 |
| The best practices guidelines developed by the Council shall | 87260 |
| provide information that school districts participating in a | 87261 |
| school lunch program under the "National School Lunch Act," 60 | 87262 |
| Stat. 230 (1946), 42 U.S.C. 1751, as amended, may use when | 87263 |
| adopting local wellness policies as required by the "Child | 87264 |
| Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended. | 87265 |
| The Council also shall develop strategies for districts to use in | 87266 |
| evaluating the implementation of their local wellness policies to | 87267 |
| determine if the goals and objectives described in those policies | 87268 |
| are being met. | 87269 |
| (D) Not later than December 31, 2005, the Council shall | 87270 |
| compile a written report containing its best practices guidelines | 87271 |
| and evaluation strategies. Copies of the report shall be provided | 87272 |
| to each school district participating in a school lunch program as | 87273 |
| described in division (C) of this section, the Governor, the | 87274 |
| Speaker of the House of Representatives, and the President of the | 87275 |
| Senate. Upon submission of its report, the Council shall cease to | 87276 |
| exist. | 87277 |
| Section 206.10.21. (A) Notwithstanding section 3313.41 of the | 87278 |
| Revised Code, a school district board of education in support of | 87279 |
| economic development within the territory of the district may | 87280 |
| dispose of real property that it owns in its corporate capacity, | 87281 |
| and that exceeds in value ten thousand dollars, by direct sale in | 87282 |
| lieu of offering the property for sale at public auction as | 87283 |
| provided in division (A) of that section, in lieu of offering the | 87284 |
| property for sale to an entity listed in division (C) of that | 87285 |
| section, or in lieu of offering the property for sale to a | 87286 |
| community school as provided in division (G) of that section, if | 87287 |
| all of the following conditions are satisfied: | 87288 |
| (1) The real property is encumbered by easements, liens, or | 87289 |
| other use restrictions that benefit the person acquiring the | 87290 |
| property under this section; | 87291 |
| (2) The real property was part of or adjacent to real | 87292 |
| property previously disposed of by the board of education; | 87293 |
| (3) The real property when sold will be used for commercial | 87294 |
| development. | 87295 |
| (B) This section expires December 31, 2005. | 87296 |
| Section 206.10.24. Not later than July 1, 2006, the | 87297 |
| Superintendent of Public Instruction shall recommend to the | 87298 |
| General Assembly a plan whereby: | 87299 |
| (A) School districts make a second annual certification of | 87300 |
| formula ADM in the second half of each fiscal year, prior to the | 87301 |
| first day of April; | 87302 |
| (B) This second annual certification of formula ADM may be | 87303 |
| used to guarantee a minimum level of state funding to each school | 87304 |
| district for the next fiscal year, with sufficient notice so that | 87305 |
| the districts may prepare in advance of each school year. | 87306 |
| The recommended plan shall include methods to accommodate | 87307 |
| enrollment growth trends in fast-growing districts. | 87308 |
| Section 206.10.27. When designating performance ratings for | 87309 |
| school districts under section 3302.03 of the Revised Code in | 87310 |
| 2005, based on the 2004-2005 school year, and in 2006, based on | 87311 |
| the 2005-2006 school year, the Department of Education shall not | 87312 |
| assign a school district a lower designation from its previous | 87313 |
| year's designation based solely on one student subgroup's not | 87314 |
| meeting adequate yearly progress. | 87315 |
| Section 206.13. ELC OHIO ELECTIONS COMMISSION | 87316 |
| General Revenue Fund | 87317 |
| GRF | 051-321 | Operating Expenses | $ | 411,623 | $ | 411,623 | 87318 | ||||
| TOTAL GRF General Revenue Fund | $ | 411,623 | $ | 411,623 | 87319 | ||||||
| General Services Fund Group | 87320 |
| 4P2 | 051-601 | Ohio Elections | 87321 | ||||||||
| Commission Fund | $ | 225,000 | $ | 225,000 | 87322 | ||||||
| TOTAL GSF General Services Fund Group | $ | 225,000 | $ | 225,000 | 87323 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 636,623 | $ | 636,623 | 87324 | ||||||
| Section 206.16. FUN STATE BOARD OF EMBALMERS AND FUNERAL | 87326 |
| DIRECTORS | 87327 |
| General Services Fund Group | 87328 |
| 4K9 | 881-609 | Operating Expenses | $ | 598,933 | $ | 0 | 87329 | ||||
| TOTAL GSF General Services | 87330 | ||||||||||
| Fund Group | $ | 598,933 | $ | 0 | 87331 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 598,933 | $ | 0 | 87332 | ||||||
| Section 206.19. ERB STATE EMPLOYMENT RELATIONS BOARD | 87334 |
| General Revenue Fund | 87335 |
| GRF | 125-321 | Operating Expenses | $ | 3,265,397 | $ | 3,363,359 | 87336 | ||||
| TOTAL GRF General Revenue Fund | $ | 3,265,397 | $ | 3,363,359 | 87337 | ||||||
| General Services Fund Group | 87338 |
| 572 | 125-603 | Training and Publications | $ | 75,541 | $ | 75,541 | 87339 | ||||
| TOTAL GSF General Services | 87340 | ||||||||||
| Fund Group | $ | 75,541 | $ | 75,541 | 87341 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 3,340,938 | $ | 3,438,900 | 87342 | ||||||
| Section 206.24. ENG STATE BOARD OF ENGINEERS AND SURVEYORS | 87344 |
| General Services Fund Group | 87345 |
| 4K9 | 892-609 | Operating Expenses | $ | 1,058,881 | $ | 1,058,881 | 87346 | ||||
| TOTAL GSF General Services | 87347 | ||||||||||
| Fund Group | $ | 1,058,881 | $ | 1,058,881 | 87348 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,058,881 | $ | 1,058,881 | 87349 | ||||||
| Section 206.27. EPA ENVIRONMENTAL PROTECTION AGENCY | 87351 |
| General Revenue Fund | 87352 |
| GRF | 715-403 | Clean Ohio | $ | 92,707 | $ | 0 | 87353 | ||||
| GRF | 715-501 | Local Air Pollution Control | $ | 128,297 | $ | 0 | 87354 | ||||
| GRF | 717-321 | Surface Water | $ | 1,112,342 | $ | 0 | 87355 | ||||
| GRF | 718-321 | Groundwater | $ | 136,719 | $ | 0 | 87356 | ||||
| GRF | 719-321 | Air Pollution Control | $ | 311,494 | $ | 0 | 87357 | ||||
| GRF | 721-321 | Drinking Water | $ | 318,783 | $ | 0 | 87358 | ||||
| GRF | 723-321 | Hazardous Waste | $ | 12,606 | $ | 0 | 87359 | ||||
| GRF | 724-321 | Pollution Prevention | $ | 87,538 | $ | 0 | 87360 | ||||
| GRF | 725-321 | Laboratory | $ | 152,043 | $ | 0 | 87361 | ||||
| GRF | 726-321 | Corrective Actions | $ | 147,473 | $ | 0 | 87362 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,500,002 | $ | 0 | 87363 | ||||||
| General Services Fund Group | 87364 |
| 199 | 715-602 | Laboratory Services | $ | 1,078,348 | $ | 1,083,574 | 87365 | ||||
| 219 | 715-604 | Central Support Indirect | $ | 15,804,913 | $ | 16,345,805 | 87366 | ||||
| 4A1 | 715-640 | Operating Expenses | $ | 3,369,731 | $ | 3,369,731 | 87367 | ||||
| TOTAL GSF General Services | 87368 | ||||||||||
| Fund Group | $ | 20,252,992 | $ | 20,799,110 | 87369 | ||||||
| Federal Special Revenue Fund Group | 87370 |
| 3F2 | 715-630 | Revolving Loan Fund - Operating | $ | 152,021 | $ | 293,129 | 87371 | ||||
| 3F3 | 715-632 | Fed Supported Cleanup and Response | $ | 2,792,648 | $ | 2,777,648 | 87372 | ||||
| 3F4 | 715-633 | Water Quality Management | $ | 710,000 | $ | 710,000 | 87373 | ||||
| 3F5 | 715-641 | Nonpoint Source Pollution Management | $ | 7,815,000 | $ | 7,810,000 | 87374 | ||||
| 3J1 | 715-620 | Urban Stormwater | $ | 706,000 | $ | 710,000 | 87375 | ||||
| 3K2 | 715-628 | Clean Water Act 106 | $ | 4,723,845 | $ | 5,023,846 | 87376 | ||||
| 3K4 | 715-634 | DOD Monitoring and Oversight | $ | 1,450,333 | $ | 1,450,333 | 87377 | ||||
| 3K6 | 715-639 | Remedial Action Plan | $ | 320,000 | $ | 319,000 | 87378 | ||||
| 3N4 | 715-657 | DOE Monitoring and Oversight | $ | 3,181,736 | $ | 3,231,963 | 87379 | ||||
| 3V7 | 715-606 | Agencywide Grants | $ | 458,115 | $ | 479,115 | 87380 | ||||
| 352 | 715-611 | Wastewater Pollution | $ | 525,000 | $ | 530,000 | 87381 | ||||
| 353 | 715-612 | Public Water Supply | $ | 3,384,959 | $ | 3,388,619 | 87382 | ||||
| 354 | 715-614 | Hazardous Waste Management - Federal | $ | 4,203,891 | $ | 4,203,891 | 87383 | ||||
| 357 | 715-619 | Air Pollution Control - Federal | $ | 6,966,337 | $ | 7,243,950 | 87384 | ||||
| 362 | 715-605 | Underground Injection Control - Federal | $ | 111,874 | $ | 111,874 | 87385 | ||||
| TOTAL FED Federal Special Revenue | 87386 | ||||||||||
| Fund Group | $ | 37,501,759 | $ | 38,283,368 | 87387 | ||||||
| State Special Revenue Fund Group | 87388 |
| 3T3 | 715-669 | Drinking Water SRF | $ | 2,411,614 | $ | 2,482,910 | 87389 | ||||
| 4J0 | 715-638 | Underground Injection Control | $ | 438,285 | $ | 458,418 | 87390 | ||||
| 4K2 | 715-648 | Clean Air - Non Title V | $ | 3,234,278 | $ | 3,178,062 | 87391 | ||||
| 4K3 | 715-649 | Solid Waste | $ | 13,800,377 | $ | 14,282,845 | 87392 | ||||
| 4K4 | 715-650 | Surface Water Protection | $ | 11,606,000 | $ | 12,420,000 | 87393 | ||||
| 4K5 | 715-651 | Drinking Water Protection | $ | 7,202,901 | $ | 7,492,035 | 87394 | ||||
| 4P5 | 715-654 | Cozart Landfill | $ | 149,728 | $ | 149,728 | 87395 | ||||
| 4R5 | 715-656 | Scrap Tire Management | $ | 6,000,000 | $ | 6,000,000 | 87396 | ||||
| 4R9 | 715-658 | Voluntary Action Program | $ | 1,008,765 | $ | 1,032,098 | 87397 | ||||
| 4T3 | 715-659 | Clean Air - Title V Permit Program | $ | 16,960,373 | $ | 17,180,980 | 87398 | ||||
| 4U7 | 715-660 | Construction & Demolition Debris | $ | 586,797 | $ | 582,305 | 87399 | ||||
| 5BC | 715-617 | Clean Ohio | $ | 648,939 | $ | 741,646 | 87400 | ||||
| 5BC | 715-622 | Local Air Pollution Control | $ | 898,072 | $ | 1,026,369 | 87401 | ||||
| 5BC | 715-624 | Surface Water | $ | 7,685,071 | $ | 8,797,413 | 87402 | ||||
| 5BC | 715-667 | Groundwater | $ | 957,022 | $ | 1,093,741 | 87403 | ||||
| 5BC | 715-672 | Air Pollution Control | $ | 4,234,681 | $ | 5,199,290 | 87404 | ||||
| 5BC | 715-673 | Drinking Water | $ | 2,231,467 | $ | 2,550,250 | 87405 | ||||
| 5BC | 715-675 | Hazardous Waste | $ | 88,241 | $ | 100,847 | 87406 | ||||
| 5BC | 715-676 | Assistance and Prevention | $ | 612,764 | $ | 700,302 | 87407 | ||||
| 5BC | 715-677 | Laboratory | $ | 1,064,290 | $ | 1,216,333 | 87408 | ||||
| 5BC | 715-678 | Corrective Action | $ | 1,032,302 | $ | 1,179,775 | 87409 | ||||
| 5CD | 715-682 | Clean Diesel School Buses | $ | 650,000 | $ | 850,000 | 87410 | ||||
| 5H4 | 715-664 | Groundwater Support | $ | 2,325,922 | $ | 2,408,871 | 87411 | ||||
| 5N2 | 715-613 | Dredge and Fill | $ | 30,000 | $ | 30,000 | 87412 | ||||
| 500 | 715-608 | Immediate Removal Special Account | $ | 482,000 | $ | 482,000 | 87413 | ||||
| 503 | 715-621 | Hazardous Waste Facility Management | $ | 11,270,231 | $ | 11,711,473 | 87414 | ||||
| 505 | 715-623 | Hazardous Waste Cleanup | $ | 11,482,988 | $ | 11,482,988 | 87415 | ||||
| 505 | 715-674 | Clean Ohio Environmental Review | $ | 104,500 | $ | 109,725 | 87416 | ||||
| 541 | 715-670 | Site Specific Cleanup | $ | 33,000 | $ | 34,650 | 87417 | ||||
| 542 | 715-671 | Risk Management Reporting | $ | 146,188 | $ | 146,188 | 87418 | ||||
| 592 | 715-627 | Anti Tampering Settlement | $ | 17,203 | $ | 9,707 | 87419 | ||||
| 6A1 | 715-645 | Environmental Education | $ | 1,500,000 | $ | 1,500,000 | 87420 | ||||
| 602 | 715-626 | Motor Vehicle Inspection and Maintenance | $ | 1,190,944 | $ | 250,000 | 87421 | ||||
| 644 | 715-631 | ER Radiological Safety | $ | 286,114 | $ | 286,114 | 87422 | ||||
| 660 | 715-629 | Infectious Waste Management | $ | 160,000 | $ | 100,000 | 87423 | ||||
| 676 | 715-642 | Water Pollution Control Loan Administration | $ | 4,964,625 | $ | 4,964,625 | 87424 | ||||
| 678 | 715-635 | Air Toxic Release | $ | 210,621 | $ | 210,622 | 87425 | ||||
| 679 | 715-636 | Emergency Planning | $ | 2,828,647 | $ | 2,828,647 | 87426 | ||||
| 696 | 715-643 | Air Pollution Control Administration | $ | 750,000 | $ | 750,000 | 87427 | ||||
| 699 | 715-644 | Water Pollution Control Administration | $ | 750,000 | $ | 750,000 | 87428 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 122,034,950 | $ | 126,770,957 | 87429 | ||||||
| Clean Ohio Revitalization Fund Group | 87430 |
| 5S1 | 715-607 | Clean Ohio - Operating | $ | 208,174 | $ | 208,174 | 87431 | ||||
| TOTAL CLF Clean Ohio Revitalization Fund Group | $ | 208,174 | $ | 208,174 | 87432 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 182,497,877 | $ | 186,061,609 | 87433 | ||||||
| AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT | 87434 |
| (A) There is hereby created the Auto Emissions Test Fund | 87435 |
| (Fund 5BY). When renewing a contract to continue the E-check | 87436 |
| program after December 31, 2005, the Ohio Environmental Protection | 87437 |
| Agency (EPA) shall use the foregoing appropriation item 715-681, | 87438 |
| Auto Emissions Test in the Auto Emissions Test Fund (Fund 5BY), to | 87439 |
| pay the contracted amount per test for the operation and oversight | 87440 |
| of the auto emissions testing programs in counties still | 87441 |
| designated as non-attainment or designated by the General Assembly | 87442 |
| to continue such tests under mandate of the federal Clean Air Act. | 87443 |
| These amounts are hereby appropriated. | 87444 |
| (B)(1) Not later than July 1, 2005, the Director of | 87445 |
| Environmental Protection, in conjunction with the Office of Budget | 87446 |
| and Management, shall estimate the amount necessary for operation | 87447 |
| of the Auto Emissions Testing Program for the period beginning | 87448 |
| January 1, 2006, and ending June 30, 2006. Notwithstanding section | 87449 |
| 183.02 of the Revised Code, of the tobacco revenue that is | 87450 |
| credited to the Tobacco Master Settlement Agreement Fund (Fund | 87451 |
| 087) in fiscal year 2005, the Director of Budget and Management | 87452 |
| shall withhold from the share that is determined pursuant to | 87453 |
| section 183.02 of the Revised Code to be the amount to be | 87454 |
| transferred from the Tobacco Master Settlement Agreement Fund | 87455 |
| (Fund 086) to the Tobacco Use Prevention and Cessation Trust Fund | 87456 |
| (Fund H87) an amount equal to the estimate determined pursuant to | 87457 |
| this division. | 87458 |
| (2) Not later than December 31, 2005, the Director of | 87459 |
| Environmental Protection shall certify to the Director of Budget | 87460 |
| and Management the actual amount, not to exceed the estimated | 87461 |
| amount, necessary for the Auto Emissions Testing Program for the | 87462 |
| period beginning January 1, 2006, and ending June 30, 2006. | 87463 |
| Notwithstanding section 183.02 of the Revised Code, on January 1, | 87464 |
| 2006, or as soon as possible thereafter, the Director of Budget | 87465 |
| and Management shall transfer the amount certified pursuant to | 87466 |
| this division from the Tobacco Master Settlement Agreement Fund | 87467 |
| (Fund 087) to the Auto Emissions Test Fund (Fund 5BY). Amounts | 87468 |
| transferred are hereby appropriated to appropriation item 715-681, | 87469 |
| Auto Emissions Test, in the Environmental Protection Agency. | 87470 |
| (3) On January 1, 2006, or as soon as possible thereafter, | 87471 |
| the Director of Budget and Management shall transfer to the | 87472 |
| Tobacco Use Prevention and Cessation Trust Fund (Fund H87) any | 87473 |
| amount withheld from being transferred to the Tobacco Use | 87474 |
| Prevention and Cessation Trust Fund pursuant to division (B)(1) of | 87475 |
| this section that is greater than the amount that is transferred | 87476 |
| under division (B)(2) of this section. | 87477 |
| (C) An amount equal to the remaining balance in appropriation | 87478 |
| item 715-681, Auto Emissions Test, from fiscal year 2006 is hereby | 87479 |
| appropriated for fiscal year 2007 into appropriation item 715-681, | 87480 |
| Auto Emissions Test. | 87481 |
| (D) Not later than June 30, 2006, the Director of | 87482 |
| Environmental Protection shall certify to the Director of Budget | 87483 |
| and Management the amount needed for the Auto Emissions Testing | 87484 |
| Program for fiscal year 2007 taking into account the amounts | 87485 |
| appropriated for fiscal year 2007 pursuant to division (C) of this | 87486 |
| section. | 87487 |
| Notwithstanding section 183.02 of the Revised Code, on July | 87488 |
| 1, 2006, or as soon as possible thereafter, the Director of Budget | 87489 |
| and Management shall transfer cash equal to the amount certified | 87490 |
| pursuant to this division from the Tobacco Master Settlement | 87491 |
| Agreement Fund (Fund 087) to the Auto Emissions Test Fund (Fund | 87492 |
| 5BY) in the Environmental Protection Agency. Of the tobacco | 87493 |
| revenue that is credited to the Tobacco Master Settlement | 87494 |
| Agreement Fund (Fund 087) in fiscal year 2006, the share that is | 87495 |
| determined pursuant to section 183.02 of the Revised Code to be | 87496 |
| the amount transferred by the Director of Budget and Management | 87497 |
| from the Tobacco Master Settlement Agreement Fund (Fund 087) to | 87498 |
| the Tobacco Use Prevention and Cessation Trust Fund (Fund H87) | 87499 |
| shall be reduced by the amount that is transferred from the | 87500 |
| Tobacco Master Settlement Agreement Fund (Fund 087) to the Auto | 87501 |
| Emissions Test Fund (Fund 5BY) under this division. Amounts | 87502 |
| transferred are hereby appropriated to appropriation item 715-681, | 87503 |
| Auto Emissions Test, in the Environmental Protection Agency. | 87504 |
| (E) Not later than July 31, 2007, the Director of Budget and | 87505 |
| Management shall transfer the unencumbered cash balance of the | 87506 |
| Auto Emissions Test Fund (Fund 5BY) to the Tobacco Use Prevention | 87507 |
| and Cessation Trust Fund (Fund H87). | 87508 |
| (F) The funds identified in this section shall not be used to | 87509 |
| cover the testing costs of any dealers that are required to | 87510 |
| provide passing certificates under section 3704.14 of the Revised | 87511 |
| Code or to provide more than two free tests for any vehicle in a | 87512 |
| three-hundred-sixty-five-day period. The cost of testing and | 87513 |
| retesting for any vehicle shall not exceed the contracted amount | 87514 |
| per test. | 87515 |
| NPDES TRANSFER TO AGRICULTURE | 87516 |
| On or after the date on which the United States Environmental | 87517 |
| Protection Agency approves the state program submitted under | 87518 |
| division (A)(1) of section 903.08 of the Revised Code, the | 87519 |
| Director of Environmental Protection, the Director of Agriculture, | 87520 |
| and the Director of Budget and Management shall calculate the | 87521 |
| amount of compensation to be made to the Environmental Protection | 87522 |
| Agency and to the Department of Agriculture from federal moneys | 87523 |
| disbursed and received for purposes of administering the National | 87524 |
| Pollutant Discharge Elimination System (NPDES) Program and shall | 87525 |
| calculate the amount of state matching funding that is required | 87526 |
| for administering that program. The Environmental Protection | 87527 |
| Agency and the Department of Agriculture may apply separately to | 87528 |
| the United States Environmental Protection Agency for each | 87529 |
| agency's respective share of the federal moneys. If the United | 87530 |
| States Environmental Protection Agency awards all federal moneys | 87531 |
| for administration of the NPDES program to one agency, that agency | 87532 |
| shall transfer the appropriate amount of moneys to the other | 87533 |
| agency in accordance with the calculations of compensation made | 87534 |
| pursuant to these provisions. | 87535 |
| CASH TRANSFER FOR ENVIRONMENTAL PROTECTION FUND | 87536 |
| On July 1, 2005, or as soon as possible thereafter, the | 87537 |
| Director of Budget and Management may transfer $1,000,000 in cash | 87538 |
| from the Central Support Indirect Fund (Fund 219) into the | 87539 |
| Environmental Protection Fund (Fund 5BC). | 87540 |
| On July 1, 2005, or as soon as possible thereafter, the | 87541 |
| Director of Budget and Management may transfer $6,000,000 in cash | 87542 |
| from the Hazardous Waste Facility Management Fund (Fund 503) into | 87543 |
| the Environmental Protection Fund (Fund 5BC). | 87544 |
| On July 1, 2005, or as soon as possible thereafter, the | 87545 |
| Director of Budget and Management may transfer $3,000,000 in cash | 87546 |
| from the Solid Waste Fund (Fund 4K3) into the Environmental | 87547 |
| Protection Fund (Fund 5BC). | 87548 |
| On July 1, 2005, or as soon as possible thereafter, the | 87549 |
| Director of Budget and Management may transfer $1,000,000 in cash | 87550 |
| from the Hazardous Waste Cleanup Fund (Fund 505) into the | 87551 |
| Environmental Protection Fund (Fund 5BC). | 87552 |
| Section 206.30. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION | 87553 |
| General Revenue Fund | 87554 |
| GRF | 172-321 | Operating Expenses | $ | 479,161 | $ | 483,859 | 87555 | ||||
| TOTAL GRF General Revenue Fund | $ | 479,161 | $ | 483,859 | 87556 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 479,161 | $ | 483,859 | 87557 | ||||||
| Section 206.31. ETC ETECH OHIO | 87559 |
| General Revenue Fund | 87560 |
| GRF | 935-321 | Operations | $ | 7,174,453 | $ | 6,830,918 | 87561 | ||||
| GRF | 935-401 | Statehouse News Bureau | $ | 244,400 | $ | 244,400 | 87562 | ||||
| GRF | 935-402 | Ohio Government Telecommunications Studio | $ | 716,417 | $ | 716,417 | 87563 | ||||
| GRF | 935-403 | Technical Operations | $ | 1,768,150 | $ | 1,768,150 | 87564 | ||||
| GRF | 935-404 | Telecommunications Operating Subsidy | $ | 3,632,413 | $ | 3,632,413 | 87565 | ||||
| GRF | 935-406 | Technical and Instructional Professional Development | $ | 6,484,763 | $ | 6,607,144 | 87566 | ||||
| GRF | 935-539 | Educational Technology | $ | 5,968,791 | $ | 5,968,791 | 87567 | ||||
| TOTAL GRF General Revenue Fund | $ | 25,989,387 | $ | 25,768,233 | 87568 | ||||||
| General Services Fund Group | 87569 |
| 4F3 | 935-603 | Affiliate Services | $ | 2,000,000 | $ | 2,000,000 | 87570 | ||||
| 4T2 | 935-605 | Government Television/Telecommunications Operating | $ | 150,000 | $ | 150,000 | 87571 | ||||
| 5D4 | 935-640 | Conference/Special Purposes | $ | 1,600,645 | $ | 1,821,817 | 87572 | ||||
| TOTAL GSF General Services Fund Group | $ | 3,750,645 | $ | 3,971,817 | 87573 | ||||||
| Federal Special Revenue Fund Group | 87574 |
| 3S3 | 935-606 | Enhancing Education Technology | $ | 589,363 | $ | 589,363 | 87575 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 589,363 | $ | 589,363 | 87576 | ||||||
| State Special Revenue Fund Group | 87577 |
| 4W9 | 935-630 | Telecommunity | $ | 50,000 | $ | 25,000 | 87578 | ||||
| 4X1 | 935-634 | Distance Learning | $ | 250,000 | $ | 100,000 | 87579 | ||||
| 5T3 | 935-607 | Gates Foundation Grants | $ | 600,000 | $ | 200,000 | 87580 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 900,000 | $ | 325,000 | 87581 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 31,229,395 | $ | 30,654,413 | 87582 | ||||||
| Section 206.31.03. OPERATIONS | 87584 |
| eTech Ohio shall enter into an agreement with the Department | 87585 |
| of Administrative Services to provide for the maintenance of all | 87586 |
| of its towers. eTech Ohio and the Department of Administrative | 87587 |
| Services shall develop a plan to address the best method for | 87588 |
| transferring ownership and control of all the towers to the | 87589 |
| Department of Administrative Services. This plan shall be | 87590 |
| submitted to the Office of Budget and Management by July 1, 2006. | 87591 |
| Section 206.31.06. TELECOMMUNICATIONS | 87592 |
| STATEHOUSE NEWS BUREAU | 87593 |
| The foregoing appropriation item 935-401, Statehouse News | 87594 |
| Bureau, shall be used solely to support the operations of the Ohio | 87595 |
| Statehouse News Bureau. | 87596 |
| OHIO GOVERNMENT TELECOMMUNICATIONS STUDIO | 87597 |
| The foregoing appropriation item 935-402, Ohio Government | 87598 |
| Telecommunications Studio, shall be used solely to support the | 87599 |
| operations of the Ohio Government Telecommunications Studio. | 87600 |
| TECHNICAL OPERATIONS | 87601 |
| The foregoing appropriation item 935-403, Technical | 87602 |
| Operations, shall be used by eTech Ohio to pay expenses of the | 87603 |
| television and radio transmission infrastructure. | 87604 |
| TELECOMMUNICATIONS OPERATING SUBSIDY | 87605 |
| Of the foregoing appropriation item 935-404, | 87606 |
| Telecommunications Operating Subsidy, $45,000 in each fiscal year | 87607 |
| shall be used to contract for dial-up newspaper reading services | 87608 |
| for the blind and physically handicapped. The contract shall be | 87609 |
| awarded through a competitive bidding process. eTech Ohio shall | 87610 |
| not disburse these funds without prior approval of the Controlling | 87611 |
| Board. | 87612 |
| The remainder of appropriation item 935-404, | 87613 |
| Telecommunications Operating Subsidy, shall be distributed by | 87614 |
| eTech Ohio to Ohio's qualified public educational television | 87615 |
| stations, radio reading services, and educational radio stations | 87616 |
| to support their operations. The funds shall be distributed | 87617 |
| pursuant to an allocation formula used by the Ohio Educational | 87618 |
| Telecommunications Network Commission unless and until a | 87619 |
| substitute formula is developed by eTech Ohio in consultation with | 87620 |
| Ohio's qualified public educational television stations, radio | 87621 |
| reading services, and educational radio stations. | 87622 |
| Section 206.31.09. TECHNICAL AND INSTRUCTIONAL PROFESSIONAL | 87623 |
| DEVELOPMENT | 87624 |
| The foregoing appropriation item 935-406, Technical and | 87625 |
| Instructional Professional Development, shall be used by eTech | 87626 |
| Ohio to make grants or provide services to qualifying public | 87627 |
| schools, including the State School for the Blind and the State | 87628 |
| School for the Deaf, and the Ohio Department of Youth Services, | 87629 |
| for the provision of hardware, software, telecommunications | 87630 |
| services, and staff development to support educational uses of | 87631 |
| technology in the classroom. eTech Ohio shall consider the | 87632 |
| professional development needs associated with the OhioReads | 87633 |
| Program when making funding allocations and program decisions. | 87634 |
| Of the foregoing appropriation item 935-406, Technical and | 87635 |
| Instructional Professional Development, up to $200,000 in each | 87636 |
| fiscal year shall be used by eTech Ohio to provide competitive | 87637 |
| professional development grants to school districts. Grant | 87638 |
| proposals shall focus on developing innovative programs that | 87639 |
| enhance the abilities of teachers to use innovative methods for | 87640 |
| integrating technology to implement state academic content | 87641 |
| standards in classroom lessons. Grant requirements and awards | 87642 |
| shall be approved by eTech Ohio, with priority given to school | 87643 |
| districts designated in academic emergency, academic watch, or | 87644 |
| continuous improvement. eTech Ohio shall develop a website to | 87645 |
| share information learned through these programs with school | 87646 |
| districts statewide. The website shall be linked with the Ohio | 87647 |
| Department of Education's Instructional Management System. | 87648 |
| Of the foregoing appropriation item 935-406, Technical and | 87649 |
| Instructional Professional Development, up to $1,260,000 in each | 87650 |
| fiscal year shall be allocated equally among the 12 Ohio | 87651 |
| educational television stations and used with the advice and | 87652 |
| approval of eTech Ohio. Funds shall be used for the production of | 87653 |
| interactive instructional programming series with priority given | 87654 |
| to resources aligned with state academic content standards in | 87655 |
| consultation with the Ohio Department of Education. The | 87656 |
| programming shall be targeted to the needs of the poorest two | 87657 |
| hundred school districts as determined by the district's adjusted | 87658 |
| valuation per pupil as defined in section 3317.0213 of the Revised | 87659 |
| Code as that section existed prior to the effective date of this | 87660 |
| section. | 87661 |
| The remainder of appropriation item 935-406, Technical and | 87662 |
| Instructional Professional Development, shall be used by eTech | 87663 |
| Ohio for professional development for teachers and administrators | 87664 |
| for the use of educational technology. eTech Ohio may make grants | 87665 |
| to provide technical assistance and professional development on | 87666 |
| the use of educational technology to school districts. | 87667 |
| Eligible recipients of grants include regional training | 87668 |
| centers, educational service centers, data acquisition sites, | 87669 |
| educational technology centers, institutions of higher education, | 87670 |
| public television stations, special education resource centers, | 87671 |
| area media centers, or other nonprofit educational organizations. | 87672 |
| In addition, services provided through these grants may include | 87673 |
| use of private entities subcontracting through the grant | 87674 |
| recipient. | 87675 |
| Grants shall be made to entities on a contractual basis with | 87676 |
| eTech Ohio. Contracts shall include provisions that demonstrate | 87677 |
| how services will benefit technology use in the public schools, | 87678 |
| and in particular how services will support eTech Ohio's efforts | 87679 |
| to integrate technology in the public schools. Contracts shall | 87680 |
| specify the scope of assistance being offered and the potential | 87681 |
| number of professionals who will be served. Contracting entities | 87682 |
| may be awarded more than one grant at a time. Grants shall be | 87683 |
| awarded in a manner consistent with the goals and priorities of | 87684 |
| eTech Ohio. Special emphasis in the award of grants shall be | 87685 |
| placed on collaborative efforts among service providers. | 87686 |
| Application for grants from appropriation item 935-406, | 87687 |
| Technical and Instructional Professional Development, shall be | 87688 |
| consistent with a school district's technology plan that shall | 87689 |
| meet the minimum specifications for school district technology | 87690 |
| plans as prescribed by eTech Ohio. Funds allocated through these | 87691 |
| grants may be combined with funds received through other state or | 87692 |
| federal grants for technology so long as the school district's | 87693 |
| technology plan specifies the use of these funds. | 87694 |
| Section 206.31.12. EDUCATION TECHNOLOGY | 87695 |
| The foregoing appropriation item 935-539, Education | 87696 |
| Technology, shall be used to provide funding to suppliers of | 87697 |
| information services to school districts for the provision of | 87698 |
| hardware, software, and staff development in support of | 87699 |
| educational uses of technology in the classroom as prescribed by | 87700 |
| the State Plan for Technology pursuant to section 3301.07 of the | 87701 |
| Revised Code, and to support assistive technology for children and | 87702 |
| youth with disabilities. | 87703 |
| Of the foregoing appropriation item 935-539, Education | 87704 |
| Technology, up to $1,829,240 in each fiscal year shall be used by | 87705 |
| eTech Ohio to link all public K-12 classrooms to each other and | 87706 |
| the Internet, and to provide access to voice, video, and data | 87707 |
| educational resources for students and teachers through the OneNet | 87708 |
| Ohio Program. | 87709 |
| Up to $4,139,551 in each fiscal year shall be used by eTech | 87710 |
| Ohio to contract with public television to provide Ohio public | 87711 |
| schools with instructional resources and services with priority | 87712 |
| given to resources and services aligned with state academic | 87713 |
| content standards and such resources and services shall be based | 87714 |
| upon the advice and approval of eTech Ohio, based on a formula | 87715 |
| used by the Ohio SchoolNet Commission unless and until a | 87716 |
| substitute formula is developed by eTech Ohio in consultation with | 87717 |
| Ohio's educational technology agencies and noncommercial | 87718 |
| educational television stations. | 87719 |
| Resources may include, but not be limited to, the following: | 87720 |
| prerecorded video materials (including videotape, laser discs, and | 87721 |
| CD-ROM discs); computer software for student use or student access | 87722 |
| to electronic communication, databases, spreadsheet, and word | 87723 |
| processing capability; live student courses or courses delivered | 87724 |
| electronically; automated media systems; and instructional and | 87725 |
| professional development materials for teachers. eTech Ohio shall | 87726 |
| collaborate with public television stations and cooperate with | 87727 |
| education technology centers in the acquisition, development, and | 87728 |
| delivery of such educational resources to ensure high-quality and | 87729 |
| educational soundness at the lowest possible cost. Delivery of | 87730 |
| such resources may utilize a variety of technologies. | 87731 |
| Services shall include presentations and technical assistance | 87732 |
| that will help students and teachers integrate educational | 87733 |
| materials that support curriculum objectives, match specific | 87734 |
| learning styles, and are appropriate for individual interests and | 87735 |
| ability levels. | 87736 |
| Such instructional resources and services shall be made | 87737 |
| available for purchase by chartered nonpublic schools or by school | 87738 |
| districts for the benefit of pupils attending chartered nonpublic | 87739 |
| schools. | 87740 |
| eTech Ohio shall monitor the developments of technology, | 87741 |
| coordinate with the Office of Information Technology, and assure | 87742 |
| the most effective and highest quality operation of eTech Ohio | 87743 |
| networks. All efforts may be aligned with the State's ongoing | 87744 |
| efforts to coordinate appropriate network operations through the | 87745 |
| Office of Information Technology and through the Third Frontier | 87746 |
| Network. | 87747 |
| Section 206.31.15. TELECOMMUNITY | 87748 |
| The foregoing appropriation item 935-630, Telecommunity, | 87749 |
| shall be distributed by eTech Ohio on a grant basis to eligible | 87750 |
| school districts to establish "distance learning" through | 87751 |
| interactive video technologies in the school district. Per | 87752 |
| agreements with eight Ohio local telephone companies: ALLTEL Ohio, | 87753 |
| CENTURY Telephone of Ohio, Chillicothe Telephone Company, | 87754 |
| Cincinnati Bell Telephone Company, Orwell Telephone Company, | 87755 |
| Sprint North Central Telephone, VERIZON, and Western Reserve | 87756 |
| Telephone Company, school districts are eligible for funds if they | 87757 |
| are within one of the listed telephone company service areas. | 87758 |
| Funds to administer the program shall be expended by eTech Ohio up | 87759 |
| to the amount specified in agreements with the listed telephone | 87760 |
| companies. | 87761 |
| Within thirty days after the effective date of this section, | 87762 |
| the Director of Budget and Management shall transfer to Fund 4W9 | 87763 |
| in the state special revenue fund group any investment earnings | 87764 |
| from moneys paid by any telephone company as part of any | 87765 |
| settlement agreement between the listed companies and the Public | 87766 |
| Utilities Commission in fiscal years 1996 and beyond. | 87767 |
| DISTANCE LEARNING | 87768 |
| The foregoing appropriation item 935-634, Distance Learning, | 87769 |
| shall be distributed by eTech Ohio on a grant basis to eligible | 87770 |
| school districts to establish "distance learning" in the school | 87771 |
| district. Per the agreement with Ameritech, school districts are | 87772 |
| eligible for funds if they are within an Ameritech service area. | 87773 |
| Funds to administer the program shall be expended by eTech Ohio up | 87774 |
| to the amount specified in the agreement with Ameritech. | 87775 |
| Within thirty days after the effective date of this section, | 87776 |
| the Director of Budget and Management shall transfer to fund 4X1 | 87777 |
| in the State Special Revenue Fund Group any investment earnings | 87778 |
| from moneys paid by any telephone company as part of a settlement | 87779 |
| agreement between the company and the Public Utilities Commission | 87780 |
| in fiscal year 1995. | 87781 |
| GATES FOUNDATION GRANTS | 87782 |
| The foregoing appropriation item 935-607, Gates Foundation | 87783 |
| Grants, shall be used by eTech Ohio to provide professional | 87784 |
| development to school district principals, superintendents, and | 87785 |
| other administrative staff for the use of education technology. | 87786 |
| Section 206.33. ETH OHIO ETHICS COMMISSION | 87787 |
| General Revenue Fund | 87788 |
| GRF | 146-321 | Operating Expenses | $ | 1,536,213 | $ | 1,536,213 | 87789 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,536,213 | $ | 1,536,213 | 87790 | ||||||
| General Services Fund Group | 87791 |
| 4M6 | 146-601 | Operating Expenses | $ | 502,543 | $ | 432,543 | 87792 | ||||
| TOTAL GSF General Services | 87793 | ||||||||||
| Fund Group | $ | 502,543 | $ | 432,543 | 87794 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,038,756 | $ | 1,968,756 | 87795 | ||||||
| Section 206.36. EXP OHIO EXPOSITIONS COMMISSION | 87797 |
| General Revenue Fund | 87798 |
| GRF | 723-403 | Junior Fair Subsidy | $ | 400,000 | $ | 400,000 | 87799 | ||||
| TOTAL GRF General Revenue Fund | $ | 400,000 | $ | 400,000 | 87800 | ||||||
| State Special Revenue Fund Group | 87801 |
| 4N2 | 723-602 | Ohio State Fair Harness Racing | $ | 520,000 | $ | 520,000 | 87802 | ||||
| 506 | 723-601 | Operating Expenses | $ | 13,643,315 | $ | 13,643,315 | 87803 | ||||
| TOTAL SSR State Special Revenue | 87804 | ||||||||||
| Fund Group | $ | 14,163,315 | $ | 14,163,315 | 87805 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 14,563,315 | $ | 14,563,315 | 87806 | ||||||
| Section 206.39. GOV OFFICE OF THE GOVERNOR | 87808 |
| General Revenue Fund | 87809 |
| GRF | 040-321 | Operating Expenses | $ | 3,981,582 | $ | 3,981,582 | 87810 | ||||
| GRF | 040-403 | Federal Relations | $ | 422,760 | $ | 422,760 | 87811 | ||||
| GRF | 040-408 | Office of Veterans' Affairs | $ | 267,923 | $ | 267,923 | 87812 | ||||
| TOTAL GRF General Revenue Fund | $ | 4,672,265 | $ | 4,672,265 | 87813 | ||||||
| General Services Fund Group | 87814 |
| 5AK | 040-607 | Federal Relations | $ | 354,514 | $ | 354,514 | 87815 | ||||
| TOTAL GSF General Services Fund Group | $ | 354,514 | $ | 354,514 | 87816 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 5,026,779 | $ | 5,026,779 | 87817 |
| APPOINTMENT OF LEGAL COUNSEL FOR THE GOVERNOR | 87818 |
| The Governor may expend a portion of the foregoing | 87819 |
| appropriation item 040-321, Operating Expenses, to hire or appoint | 87820 |
| legal counsel to be used in proceedings involving the Governor in | 87821 |
| the Governor's official capacity or the Governor's office only, | 87822 |
| without the approval of the Attorney General, notwithstanding | 87823 |
| sections 109.02 and 109.07 of the Revised Code. | 87824 |
| FEDERAL RELATIONS | 87825 |
| A portion of the foregoing appropriation items 040-403, | 87826 |
| Federal Relations, and 040-607, Federal Relations, may be used to | 87827 |
| support Ohio's membership in national or regional associations. | 87828 |
| The Office of the Governor may charge any state agency of the | 87829 |
| executive branch using an intrastate transfer voucher such amounts | 87830 |
| necessary to defray the costs incurred for the conduct of federal | 87831 |
| relations associated with issues that can be attributed to the | 87832 |
| agency. Amounts collected shall be deposited to the Office of the | 87833 |
| Governor Federal Relations Fund (Fund 5AK). | 87834 |
| Section 206.42. DOH DEPARTMENT OF HEALTH | 87835 |
| General Revenue Fund | 87836 |
| GRF | 440-407 | Animal Borne Disease and Prevention | $ | 2,452,101 | $ | 2,452,101 | 87837 | ||||
| GRF | 440-412 | Cancer Incidence Surveillance System | $ | 1,002,619 | $ | 1,002,619 | 87838 | ||||
| GRF | 440-413 | Local Health Department Support | $ | 3,786,794 | $ | 3,786,794 | 87839 | ||||
| GRF | 440-416 | Child and Family Health Services | $ | 9,532,874 | $ | 9,532,874 | 87840 | ||||
| GRF | 440-418 | Immunizations | $ | 8,600,615 | $ | 9,400,615 | 87841 | ||||
| GRF | 440-431 | Free Clinic Liability Insurance | $ | 275,000 | $ | 325,000 | 87842 | ||||
| GRF | 440-444 | AIDS Prevention and Treatment | $ | 7,158,127 | $ | 7,158,127 | 87843 | ||||
| GRF | 440-446 | Infectious Disease Prevention | $ | 200,000 | $ | 200,000 | 87844 | ||||
| GRF | 440-451 | Lab and Public Health Prevention Programs | $ | 6,085,250 | $ | 6,085,250 | 87845 | ||||
| GRF | 440-452 | Child and Family Health Services Match | $ | 1,024,017 | $ | 1,024,017 | 87846 | ||||
| GRF | 440-453 | Health Care Quality Assurance | $ | 10,253,728 | $ | 10,253,728 | 87847 | ||||
| GRF | 440-454 | Local Environmental Health | $ | 889,752 | $ | 889,752 | 87848 | ||||
| GRF | 440-459 | Help Me Grow | $ | 9,323,797 | $ | 9,323,797 | 87849 | ||||
| GRF | 440-461 | Center for Vital and Health Stats | $ | 3,629,535 | $ | 3,629,535 | 87850 | ||||
| GRF | 440-505 | Medically Handicapped Children | $ | 9,591,784 | $ | 8,791,784 | 87851 | ||||
| GRF | 440-507 | Targeted Health Care Services Over 21 | $ | 1,631,023 | $ | 1,631,023 | 87852 | ||||
| TOTAL GRF General Revenue Fund | $ | 75,437,016 | $ | 75,487,016 | 87853 | ||||||
| General Services Fund Group | 87854 |
| 142 | 440-618 | Agency Health Services | $ | 2,461,915 | $ | 2,561,915 | 87855 | ||||
| 211 | 440-613 | Central Support Indirect Costs | $ | 26,584,707 | $ | 26,584,707 | 87856 | ||||
| 473 | 440-622 | Lab Operating Expenses | $ | 4,154,045 | $ | 4,154,045 | 87857 | ||||
| 683 | 440-633 | Employee Assistance Program | $ | 1,208,214 | $ | 1,208,214 | 87858 | ||||
| 698 | 440-634 | Nurse Aide Training | $ | 170,000 | $ | 170,000 | 87859 | ||||
| TOTAL GSF General Services | 87860 | ||||||||||
| Fund Group | $ | 34,578,881 | $ | 34,678,881 | 87861 | ||||||
| Federal Special Revenue Fund Group | 87862 |
| 320 | 440-601 | Maternal Child Health Block Grant | $ | 28,779,322 | $ | 29,025,635 | 87863 | ||||
| 387 | 440-602 | Preventive Health Block Grant | $ | 7,755,005 | $ | 7,826,659 | 87864 | ||||
| 389 | 440-604 | Women, Infants, and Children | $ | 219,920,083 | $ | 230,077,451 | 87865 | ||||
| 391 | 440-606 | Medicaid/Medicare | $ | 24,211,198 | $ | 24,850,959 | 87866 | ||||
| 392 | 440-618 | Federal Public Health Programs | $ | 126,678,202 | $ | 127,677,458 | 87867 | ||||
| TOTAL FED Federal Special Revenue | 87868 | ||||||||||
| Fund Group | $ | 407,343,810 | $ | 419,458,162 | 87869 | ||||||
| State Special Revenue Fund Group | 87870 |
| 4D6 | 440-608 | Genetics Services | $ | 2,617,000 | $ | 2,617,000 | 87871 | ||||
| 4F9 | 440-610 | Sickle Cell Disease Control | $ | 1,035,344 | $ | 1,035,344 | 87872 | ||||
| 4G0 | 440-636 | Heirloom Birth Certificate | $ | 5,000 | $ | 5,000 | 87873 | ||||
| 4G0 | 440-637 | Birth Certificate Surcharge | $ | 5,000 | $ | 5,000 | 87874 | ||||
| 4L3 | 440-609 | Non-Governmental Grants and Awards | $ | 144,119 | $ | 144,119 | 87875 | ||||
| 4T4 | 440-603 | Child Highway Safety | $ | 233,894 | $ | 233,894 | 87876 | ||||
| 4V6 | 440-641 | Save Our Sight | $ | 1,767,994 | $ | 1,767,994 | 87877 | ||||
| 470 | 440-618 | Fee Supported Programs | $ | 16,025,194 | $ | 16,025,194 | 87878 | ||||
| 471 | 440-619 | Certificate of Need | $ | 581,572 | $ | 594,572 | 87879 | ||||
| 477 | 440-627 | Medically Handicapped Children Audit | $ | 3,800,000 | $ | 3,693,016 | 87880 | ||||
| 5BL | 440-638 | Healthy Ohioans | $ | 5,000,000 | $ | 0 | 87881 | ||||
| 5B5 | 440-616 | Quality, Monitoring, and Inspection | $ | 838,479 | $ | 838,479 | 87882 | ||||
| 5CB | 440-640 | Poison Control Centers | $ | 200,000 | $ | 200,000 | 87883 | ||||
| 5C0 | 440-615 | Alcohol Testing and Permit | $ | 1,455,405 | $ | 1,455,405 | 87884 | ||||
| 5D6 | 440-620 | Second Chance Trust | $ | 1,054,951 | $ | 1,054,951 | 87885 | ||||
| 5G4 | 440-639 | Adoption Services | $ | 20,000 | $ | 20,000 | 87886 | ||||
| 5L1 | 440-623 | Nursing Facility Technical Assistance Program | $ | 617,517 | $ | 617,517 | 87887 | ||||
| 610 | 440-626 | Radiation Emergency Response | $ | 850,000 | $ | 850,000 | 87888 | ||||
| 666 | 440-607 | Medically Handicapped Children - County Assessments | $ | 14,320,687 | $ | 14,320,687 | 87889 | ||||
| TOTAL SSR State Special Revenue | 87890 | ||||||||||
| Fund Group | $ | 50,572,156 | $ | 45,478,172 | 87891 | ||||||
| Holding Account Redistribution Fund Group | 87892 |
| R14 | 440-631 | Vital Statistics | $ | 70,000 | $ | 70,000 | 87893 | ||||
| R48 | 440-625 | Refunds, Grants Reconciliation, and Audit Settlements | $ | 20,000 | $ | 20,000 | 87894 | ||||
| TOTAL 090 Holding Account | 87895 | ||||||||||
| Redistribution Fund Group | $ | 90,000 | $ | 90,000 | 87896 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 568,021,863 | $ | 575,192,231 | 87897 | ||||||
| Section 206.42.03. CHILD AND FAMILY HEALTH SERVICES | 87899 |
| Of the foregoing appropriation item 440-416, Child and Family | 87900 |
| Health Services, not more than $1,700,000 in each fiscal year | 87901 |
| shall be used for women's health services. | 87902 |
| Of the foregoing appropriation item 440-416, Child and Family | 87903 |
| Health Services, not more than $270,000 shall be used in each | 87904 |
| fiscal year for the OPTIONS dental care access program. | 87905 |
| Of the foregoing appropriation item 440-416, Child and Family | 87906 |
| Health Services, not more than $900,000 in each fiscal year shall | 87907 |
| be used by federally qualified health centers and federally | 87908 |
| designated look-alikes to provide services to uninsured low-income | 87909 |
| persons. | 87910 |
| Of the foregoing appropriation item 440-416, Child and Family | 87911 |
| Health Services, not more than $500,000 in each fiscal year shall | 87912 |
| be used for abstinence-only education. The Director of Health | 87913 |
| shall develop guidelines for the establishment of abstinence | 87914 |
| programs for teenagers with the purpose of decreasing unplanned | 87915 |
| pregnancies and abortion. The guidelines shall be developed | 87916 |
| pursuant to Title V of the "Social Security Act," 42 U.S.C. 510, | 87917 |
| and shall include, but are not limited to, advertising campaigns | 87918 |
| and direct training in schools and other locations. | 87919 |
| Of the foregoing appropriation item 440-416, Child and Family | 87920 |
| Health Services, $10,000 in each fiscal year shall be allocated to | 87921 |
| the Jewish Family Services in Cleveland, $10,000 in each fiscal | 87922 |
| year shall be allocated to the Jewish Family Services in | 87923 |
| Cincinnati, $10,000 shall be allocated in each fiscal year to the | 87924 |
| Jewish Family Services in Columbus, and $10,000 in each fiscal | 87925 |
| year shall be allocated to the Wexner Heritage Village in Columbus | 87926 |
| for interpreters for health care. | 87927 |
| Of the foregoing appropriation item 440-416, Child and Family | 87928 |
| Health Services, $10,000 in each fiscal year shall be provided to | 87929 |
| the Jewish Family Services in Dayton, $5,000 in each fiscal year | 87930 |
| shall be provided to the Jewish Community Center in Akron, $5,000 | 87931 |
| in each fiscal year shall be provided to the Jewish Community | 87932 |
| Center in Sylvania, $2,500 in each fiscal year shall be provided | 87933 |
| to the Jewish Community Center in Youngstown, and $2,500 in each | 87934 |
| fiscal year shall be provided to the Jewish Community Center in | 87935 |
| Canton. | 87936 |
| Of the foregoing appropriation item 440-416, Child and Family | 87937 |
| Health Services, $450,000 in each fiscal year shall be allocated | 87938 |
| to the Visiting Nurse Association. | 87939 |
| Of the foregoing appropriation item 440-416, Child and Family | 87940 |
| Health Services, $16,667 in each fiscal year shall be allocated to | 87941 |
| the Yassenoff Jewish Community Center, $16,667 in each fiscal year | 87942 |
| shall be allocated to the Jewish Community Center in Cincinnati, | 87943 |
| and $16,666 in each fiscal year shall be allocated to the Jewish | 87944 |
| Community Center in Cleveland for children's health and nutrition | 87945 |
| camp programs. | 87946 |
| Of the foregoing appropriation item 440-416, Child and Family | 87947 |
| Health Services, $25,000 in each fiscal year shall be allocated to | 87948 |
| Clermont County's Comprehensive Community Suicide Prevention | 87949 |
| Program. | 87950 |
| Section 206.42.06. WOMEN'S HEALTH SERVICES | 87951 |
| None of the funds received through grants for women's health | 87952 |
| services under this section from the foregoing appropriation item | 87953 |
| 440-416, Child and Family Health Services, shall be used to | 87954 |
| provide abortion services. None of the funds received through | 87955 |
| these grants shall be used for counseling for or referrals for | 87956 |
| abortion, except in the case of a medical emergency. These funds | 87957 |
| shall be distributed by the Director of Health to programs that | 87958 |
| the Department of Health determines will provide services that are | 87959 |
| physically and financially separate from abortion-providing and | 87960 |
| abortion-promoting activities, and that do not include counseling | 87961 |
| for or referrals for abortion, other than in the case of medical | 87962 |
| emergency. | 87963 |
| These women's health services include and are limited to the | 87964 |
| following: pelvic examinations and laboratory testing; breast | 87965 |
| examinations and patient education on breast cancer; screening for | 87966 |
| cervical cancer; screening and treatment for Sexually Transmitted | 87967 |
| Diseases (STDs) and HIV screening; voluntary choice of | 87968 |
| contraception, including abstinence and natural family planning; | 87969 |
| patient education and pre-pregnancy counseling on the dangers of | 87970 |
| smoking, alcohol, and drug use during pregnancy; education on | 87971 |
| sexual coercion and violence in relationships; and prenatal care | 87972 |
| or referral for prenatal care. These health care services shall be | 87973 |
| provided by licensed doctors, licensed nurses, licensed medical | 87974 |
| assistants, licensed counselors, and licensed social workers in a | 87975 |
| medical clinic setting. | 87976 |
| The Director of Health shall adopt rules under Chapter 119. | 87977 |
| of the Revised Code specifying reasonable eligibility standards | 87978 |
| that must be met to receive the state funding and provide | 87979 |
| reasonable methods by which a grantee wishing to be eligible for | 87980 |
| federal funding may comply with these requirements for state | 87981 |
| funding without losing its eligibility for federal funding. | 87982 |
| Each applicant for these funds shall provide sufficient | 87983 |
| assurance to the Director of Health of all of the following: | 87984 |
| (A) The program shall not discriminate in the provision of | 87985 |
| services based on an individual's religion, race, national origin, | 87986 |
| handicapping condition, age, sex, number of pregnancies, or | 87987 |
| marital status; | 87988 |
| (B) The program shall provide services without subjecting | 87989 |
| individuals to any coercion to accept services or to employ any | 87990 |
| particular methods of family planning; | 87991 |
| (C) Acceptance of services shall be solely on a voluntary | 87992 |
| basis and may not be made a prerequisite to eligibility for, or | 87993 |
| receipt of, any other service, assistance from, or participation | 87994 |
| in, any other program of the service provider; | 87995 |
| (D) The costs for services provided by the program, if any | 87996 |
| are charged, shall be based on the patient's ability to pay and | 87997 |
| priority in the provision of services shall be given to persons | 87998 |
| from low-income families. | 87999 |
| In distributing these grant funds, the Director of Health | 88000 |
| shall give priority to grant requests from local departments of | 88001 |
| health for women's health services to be provided directly by | 88002 |
| personnel of the local department of health. The Director of | 88003 |
| Health shall issue a single request for proposals for all grants | 88004 |
| under this set-aside. The Director of Health shall send a | 88005 |
| notification of this request for proposals to every local | 88006 |
| department of health in this state and shall place a notification | 88007 |
| on the department's web site. The Director shall allow at least 30 | 88008 |
| days after issuing this notification before closing the period to | 88009 |
| receive applications. | 88010 |
| After the closing date for receiving grant applications, the | 88011 |
| Director of Health shall first consider grant applications from | 88012 |
| local departments of health that apply for grants for women's | 88013 |
| health services to be provided directly by personnel of the local | 88014 |
| department of health. Local departments of health that apply for | 88015 |
| grants for women's health services to be provided directly by | 88016 |
| personnel of the local department of health need not provide all | 88017 |
| the listed women's health services in order to qualify for a | 88018 |
| grant. However, in prioritizing awards among local departments of | 88019 |
| health that qualify for funding under this paragraph, the Director | 88020 |
| of Health may consider, among other reasonable factors, the | 88021 |
| comprehensiveness of the women's health services to be offered, | 88022 |
| provided that no local department of health shall be discriminated | 88023 |
| against in the process of awarding these grant funds because the | 88024 |
| applicant does not provide contraception. | 88025 |
| If funds remain after awarding grants to all local | 88026 |
| departments of health that qualify for the priority, the Director | 88027 |
| of Health may make grants to other applicants. Awards to other | 88028 |
| applicants may be made to those applicants that will offer all | 88029 |
| eight of the listed women's health services or that will offer all | 88030 |
| of the services except contraception. No applicant shall be | 88031 |
| discriminated against in the process of awarding these grant funds | 88032 |
| because the applicant does not provide contraception. | 88033 |
| Section 206.42.09. IMMUNIZATIONS | 88034 |
| Of the foregoing appropriation item 440-418, Immunizations, | 88035 |
| $800,000 in fiscal year 2007 shall be used for the purchase of | 88036 |
| varicella vaccines. | 88037 |
| FREE CLINIC LIABILITY INSURANCE | 88038 |
| Of the foregoing appropriation item 440-431, Free Clinic | 88039 |
| Liability Insurance, up to $20,000 in each fiscal year may be used | 88040 |
| by the Department of Health for administrative expenses related to | 88041 |
| the Medical Liability Insurance Reimbursement Program. The | 88042 |
| remainder in each fiscal year shall be used to pay for medical | 88043 |
| liability insurance for free clinics, including the clinics' staff | 88044 |
| and volunteer health care professionals and volunteer health care | 88045 |
| workers. The necessity and feasibility of the program shall be | 88046 |
| reviewed as part of the next biennial budget. | 88047 |
| HIV/AIDS PREVENTION/TREATMENT | 88048 |
| Of the foregoing appropriation item 440-444, AIDS Prevention | 88049 |
| and Treatment, not more than $6.7 million per fiscal year shall be | 88050 |
| used to assist persons with HIV/AIDS in acquiring HIV-related | 88051 |
| medications. | 88052 |
| INFECTIOUS DISEASE PREVENTION | 88053 |
| The foregoing appropriation item 440-446, Infectious Disease | 88054 |
| Prevention, shall be used for the purchase of drugs for sexually | 88055 |
| transmitted diseases. | 88056 |
| HELP ME GROW | 88057 |
| The foregoing appropriation item 440-459, Help Me Grow, shall | 88058 |
| be used by the Department of Health to distribute subsidies to | 88059 |
| counties to implement the Help Me Grow Program. Appropriation item | 88060 |
| 440-459, Help Me Grow, may be used in conjunction with Temporary | 88061 |
| Assistance for Needy Families from the Department of Job and | 88062 |
| Family Services, Early Intervention funding from the Department of | 88063 |
| Mental Retardation and Developmental Disabilities, and in | 88064 |
| conjunction with other early childhood funds and services to | 88065 |
| promote the optimal development of young children. Local contracts | 88066 |
| shall be developed between local departments of job and family | 88067 |
| services and family and children first councils for the | 88068 |
| administration of TANF funding for the Help Me Grow Program. The | 88069 |
| Department of Health shall enter into an interagency agreement | 88070 |
| with the Department of Education, Department of Mental Retardation | 88071 |
| and Developmental Disabilities, Department of Job and Family | 88072 |
| Services, and Department of Mental Health to ensure that all early | 88073 |
| childhood programs and initiatives are coordinated and school | 88074 |
| linked. | 88075 |
| TARGETED HEALTH CARE SERVICES OVER 21 | 88076 |
| In each fiscal year, of the foregoing appropriation item | 88077 |
| 440-507, Targeted Health Care Services Over 21, $731,023 shall be | 88078 |
| used to administer the cystic fibrosis program and implement the | 88079 |
| Hemophilia Insurance Premium Payment Program. | 88080 |
| Of the foregoing appropriation item 440-507, Targeted Health | 88081 |
| Care Services Over 21, $900,000 in each fiscal year shall be used | 88082 |
| to provide essential medications for the cystic fibrosis program. | 88083 |
| MATERNAL CHILD HEALTH BLOCK GRANT | 88084 |
| Of the foregoing appropriation item 440-601, Maternal Child | 88085 |
| Health Block Grant (Fund 320), $2,091,299 shall be used in each | 88086 |
| fiscal year for the purposes of abstinence-only education. The | 88087 |
| Director of Health shall develop guidelines for the establishment | 88088 |
| of abstinence programs for teenagers with the purpose of | 88089 |
| decreasing unplanned pregnancies and abortion. The guidelines | 88090 |
| shall be developed under Title V of the "Social Security Act," 42 | 88091 |
| U.S.C. 510, and shall include, but are not limited to, advertising | 88092 |
| campaigns and direct training in schools and other locations. | 88093 |
| GENETICS SERVICES | 88094 |
| The foregoing appropriation item 440-608, Genetics Services | 88095 |
| (Fund 4D6), shall be used by the Department of Health to | 88096 |
| administer programs authorized by sections 3701.501 and 3701.502 | 88097 |
| of the Revised Code. None of these funds shall be used to counsel | 88098 |
| or refer for abortion, except in the case of a medical emergency. | 88099 |
| SAFETY AND QUALITY OF CARE STANDARDS | 88100 |
| The Department of Health may use Fund 471, Certificate of | 88101 |
| Need, for administering sections 3702.11 to 3702.20 and 3702.30 of | 88102 |
| the Revised Code in each fiscal year. | 88103 |
| MEDICALLY HANDICAPPED CHILDREN AUDIT | 88104 |
| The Medically Handicapped Children Audit Fund (Fund 477) | 88105 |
| shall receive revenue from audits of hospitals and recoveries from | 88106 |
| third-party payers. Moneys may be expended for payment of audit | 88107 |
| settlements and for costs directly related to obtaining recoveries | 88108 |
| from third-party payers and for encouraging Medically Handicapped | 88109 |
| Children's Program recipients to apply for third-party benefits. | 88110 |
| Moneys also may be expended for payments for diagnostic and | 88111 |
| treatment services on behalf of medically handicapped children, as | 88112 |
| defined in division (A) of section 3701.022 of the Revised Code, | 88113 |
| and Ohio residents who are twenty-one or more years of age and who | 88114 |
| are suffering from cystic fibrosis or hemophilia. Moneys may also | 88115 |
| be expended for administrative expenses incurred in operating the | 88116 |
| Medically Handicapped Children's Program. | 88117 |
| CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND | 88118 |
| PERMIT FUND | 88119 |
| The Director of Budget and Management, pursuant to a plan | 88120 |
| submitted by the Department of Health, or as otherwise determined | 88121 |
| by the Director of Budget and Management, shall set a schedule to | 88122 |
| transfer cash from the Liquor Control Fund (Fund 043) to the | 88123 |
| Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating | 88124 |
| needs of the Alcohol Testing and Permit program. | 88125 |
| The Director of Budget and Management shall transfer to the | 88126 |
| Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control | 88127 |
| Fund (Fund 043) created in section 4301.12 of the Revised Code | 88128 |
| such amounts at such times as determined by the transfer schedule. | 88129 |
| MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS | 88130 |
| The foregoing appropriation item 440-607, Medically | 88131 |
| Handicapped Children - County Assessments (Fund 666), shall be | 88132 |
| used to make payments under division (E) of section 3701.023 of | 88133 |
| the Revised Code. | 88134 |
| Section 206.42.12. MEDICALLY HANDICAPPED CHILDREN - FUTURE | 88135 |
| FUNDING | 88136 |
| (A) There is hereby created the Legislative Committee on the | 88137 |
| Future Funding of the Bureau for Children with Medical Handicaps. | 88138 |
| The Speaker of the House of Representatives shall appoint three | 88139 |
| members of the House of Representatives, not more than two of whom | 88140 |
| shall belong to the same political party as the Speaker. The | 88141 |
| President of the Senate shall appoint three members of the Senate, | 88142 |
| not more than two of whom shall belong to the same political party | 88143 |
| as the President. The Speaker of the House of Representatives and | 88144 |
| the President of the Senate shall each appoint three members of | 88145 |
| the general public who suffer from a disease or disorder covered | 88146 |
| by the Program for Medically Handicapped Children (otherwise known | 88147 |
| as the Bureau for Children with Medical Handicaps) in the Ohio | 88148 |
| Department of Health, or family members of such individuals. The | 88149 |
| following also shall serve on the Committee: | 88150 |
| (1) The Director of Health, or the Director's designee; | 88151 |
| (2) The Superintendent of Insurance, or the Superintendent's | 88152 |
| designee; | 88153 |
| (3) The Director of Job and Family Services, or the | 88154 |
| Director's designee; | 88155 |
| (4) One person designated by the County Commissioners | 88156 |
| Association of Ohio; | 88157 |
| (5) One person designated by the Ohio Children's Hospital | 88158 |
| Association; | 88159 |
| (6) One person designated by the Ohio Association of Health | 88160 |
| Plans; | 88161 |
| (7) One person designated by the American Academy of | 88162 |
| Pediatrics; | 88163 |
| (8) One person designated by the Ohio hospital association; | 88164 |
| (9) One person designated by the Ohio association of health | 88165 |
| commissioners; | 88166 |
| (10) One person designated by the Ohio nurses association. | 88167 |
| Members of the Committee shall elect a chairperson. A | 88168 |
| majority of the members of the Committee constitutes a quorum for | 88169 |
| the conduct of Committee meetings. | 88170 |
| (B) Members of the Committee shall receive no compensation. | 88171 |
| (C) The Committee shall do all of the following: | 88172 |
| (1) Examine the current status of the Program and recommend | 88173 |
| best practices to be used in assisting working parents who have | 88174 |
| children with special health needs; | 88175 |
| (2) Review all existing statutes and rules in Ohio pertaining | 88176 |
| to the Program; | 88177 |
| (3) Review payment strategies in other states that facilitate | 88178 |
| adequate care for children with chronic conditions and support | 88179 |
| their families; | 88180 |
| (4) Review all funding sources for the Program, including | 88181 |
| funding received from county levies, the General Revenue Fund and | 88182 |
| other state-based sources, and the Maternal and Child Health Block | 88183 |
| Grant of Title V of the "Social Security Act," 40 Stat. 620 | 88184 |
| (1935), 42 U.S.C. 301; | 88185 |
| (5) Request testimony from parents of children with special | 88186 |
| health needs and the children themselves and from health care | 88187 |
| professionals and other individuals who provide services to Bureau | 88188 |
| patients; | 88189 |
| (D) Not later than December 31, 2006, the Committee shall | 88190 |
| make recommendations and submit a report to the Governor, the | 88191 |
| President and Minority Leader of the Senate, and the Speaker and | 88192 |
| Minority Leader of the House of Representatives. The report shall | 88193 |
| include an analysis of the current system of services covered by | 88194 |
| the Program and may include determinations and recommendations | 88195 |
| regarding how the state can best address the current and future | 88196 |
| needs of patients served by the Program. On submission of the | 88197 |
| report, the Committee shall cease to exist. | 88198 |
| Section 206.42.13. REVISION OF RULES GOVERNING PROGRAM FOR | 88199 |
| MEDICALLY HANDICAPPED CHILDREN | 88200 |
| Not later than December 1, 2005, the Public Health Council | 88201 |
| shall revise rule 3701-43-16 of the Administrative Code regarding | 88202 |
| financial eligibility for payment for treatment under the Program | 88203 |
| for Medically Handicapped Children. As part of the revision, the | 88204 |
| Public Health Council shall return the financial eligibility | 88205 |
| levels for fiscal years 2006 and 2007 to the levels in effect | 88206 |
| prior to October 13, 2003. | 88207 |
| Beginning July 1, 2005, the Department of Health shall | 88208 |
| contact all persons who lost eligibility for the Program for | 88209 |
| Medically Handicapped Children or their parents or guardians to | 88210 |
| inform them of revisions made to the Program's eligibility rules. | 88211 |
| Section 206.42.16. NURSING FACILITY TECHNICAL ASSISTANCE | 88212 |
| PROGRAM | 88213 |
| The Director of Budget and Management shall transfer, by | 88214 |
| intrastate transfer voucher, each fiscal year, cash from Fund 4E3, | 88215 |
| Resident Protection Fund, in the Ohio Department of Job and Family | 88216 |
| Services, to Fund 5L1, Nursing Facility Technical Assistance | 88217 |
| Program Fund, in the Ohio Department of Health, to be used under | 88218 |
| section 3721.026 of the Revised Code. The transfers shall equal | 88219 |
| $183,843 in fiscal year 2006 and $617,517 in fiscal year 2007. | 88220 |
| Section 206.42.19. TRANSFER FROM STATE FIRE MARSHAL'S FUND | 88221 |
| (FUND 546) TO THE POISON CONTROL FUND (FUND 5CB) IN THE DEPARTMENT | 88222 |
| OF HEALTH | 88223 |
| Notwithstanding section 3737.71 of the Revised Code, on July | 88224 |
| 1, 2005, or as soon as possible thereafter, the Director of Budget | 88225 |
| and Management shall transfer $200,000 cash from the State Fire | 88226 |
| Marshal's Fund (Fund 546) in the Department of Commerce to the | 88227 |
| Poison Control Fund (Fund 5CB) in the Department of Health, which | 88228 |
| is hereby created. Notwithstanding section 3737.71 of the Revised | 88229 |
| Code, on July 1, 2006, or as soon as possible thereafter, the | 88230 |
| Director of Budget and Management shall transfer $200,000 cash | 88231 |
| from the State Fire Marshal's Fund (Fund 546) in the Department of | 88232 |
| Commerce to the Poison Control Fund (Fund 5CB) in the Department | 88233 |
| of Health. | 88234 |
| POISON CONTROL CENTERS | 88235 |
| Of the foregoing appropriation item 440-640, Poison Control | 88236 |
| Centers, in each fiscal year, the poison control centers in the | 88237 |
| municipal corporations of Cleveland, Cincinnati, Columbus, and | 88238 |
| Dayton shall each receive an allocation of $50,000. | 88239 |
| Section 206.45. HEF HIGHER EDUCATIONAL FACILITY COMMISSION | 88240 |
| Agency Fund Group | 88241 |
| 461 | 372-601 | Operating Expenses | $ | 16,819 | $ | 16,819 | 88242 | ||||
| TOTAL AGY Agency Fund Group | $ | 16,819 | $ | 16,819 | 88243 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 16,819 | $ | 16,819 | 88244 | ||||||
| Section 206.48. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS | 88246 |
| General Revenue Fund | 88247 |
| GRF | 148-100 | Personal Services | $ | 145,880 | $ | 145,880 | 88248 | ||||
| GRF | 148-200 | Maintenance | $ | 35,901 | $ | 35,901 | 88249 | ||||
| TOTAL GRF General Revenue Fund | $ | 181,781 | $ | 181,781 | 88250 | ||||||
| General Services Fund Group | 88251 |
| 601 | 148-602 | Gifts and Miscellaneous | $ | 20,000 | $ | 20,000 | 88252 | ||||
| TOTAL GSF General Services | 88253 | ||||||||||
| Fund Group | $ | 20,000 | $ | 20,000 | 88254 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 201,781 | $ | 201,781 | 88255 | ||||||
| Section 206.51. OHS OHIO HISTORICAL SOCIETY | 88257 |
| General Revenue Fund | 88258 |
| GRF | 360-501 | Operating Subsidy | $ | 3,288,274 | $ | 3,288,274 | 88259 | ||||
| GRF | 360-502 | Site Operations | $ | 8,388,725 | $ | 8,388,725 | 88260 | ||||
| GRF | 360-504 | Ohio Preservation Office | $ | 281,041 | $ | 281,041 | 88261 | ||||
| GRF | 360-505 | Afro-American Museum | $ | 754,884 | $ | 754,884 | 88262 | ||||
| GRF | 360-506 | Hayes Presidential Center | $ | 509,231 | $ | 509,231 | 88263 | ||||
| GRF | 360-508 | Historical Grants | $ | 1,172,500 | $ | 1,172,500 | 88264 | ||||
| TOTAL GRF General Revenue Fund | $ | 14,394,655 | $ | 14,394,655 | 88265 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 14,394,655 | $ | 14,394,655 | 88266 | ||||||
| SUBSIDY APPROPRIATION | 88267 |
| Upon approval by the Director of Budget and Management, the | 88268 |
| foregoing appropriation items shall be released to the Ohio | 88269 |
| Historical Society in quarterly amounts that in total do not | 88270 |
| exceed the annual appropriations. The funds and fiscal records of | 88271 |
| the society for fiscal years 2006 and 2007 shall be examined by | 88272 |
| independent certified public accountants approved by the Auditor | 88273 |
| of State, and a copy of the audited financial statements shall be | 88274 |
| filed with the Office of Budget and Management. The society shall | 88275 |
| prepare and submit to the Office of Budget and Management the | 88276 |
| following: | 88277 |
| (A) An estimated operating budget for each fiscal year of the | 88278 |
| biennium. The operating budget shall be submitted at or near the | 88279 |
| beginning of each calendar year. | 88280 |
| (B) Financial reports, indicating actual receipts and | 88281 |
| expenditures for the fiscal year to date. These reports shall be | 88282 |
| filed at least semiannually during the fiscal biennium. | 88283 |
| The foregoing appropriations shall be considered to be the | 88284 |
| contractual consideration provided by the state to support the | 88285 |
| state's offer to contract with the Ohio Historical Society under | 88286 |
| section 149.30 of the Revised Code. | 88287 |
| HAYES PRESIDENTIAL CENTER | 88288 |
| If a United States government agency, including, but not | 88289 |
| limited to, the National Park Service, chooses to take over the | 88290 |
| operations or maintenance of the Hayes Presidential Center, in | 88291 |
| whole or in part, the Ohio Historical Society shall make | 88292 |
| arrangements with the National Park Service or other United States | 88293 |
| government agency for the efficient transfer of operations or | 88294 |
| maintenance. | 88295 |
| HISTORICAL GRANTS | 88296 |
| Of the foregoing appropriation item 360-508, Historical | 88297 |
| Grants, $250,000 in each fiscal year shall be distributed to the | 88298 |
| Western Reserve Historical Society in Cleveland. | 88299 |
| Of the foregoing appropriation item 360-508, Historical | 88300 |
| Grants, $225,000 in each fiscal year shall be distributed to the | 88301 |
| Great Lakes Historical Society in Vermilion. | 88302 |
| Of the foregoing appropriation item 360-508, Historical | 88303 |
| Grants, $75,000 in each fiscal year shall be distributed to the | 88304 |
| Hebrew Union College in Cincinnati for the Center for Holocaust | 88305 |
| and Humanity Education, $100,000 in each fiscal year shall be | 88306 |
| distributed to Art Academy of Cincinnati, and $250,000 in each | 88307 |
| fiscal year shall be distributed to the Cincinnati Museum Center. | 88308 |
| Of the foregoing appropriation item 360-508, Historical | 88309 |
| Grants, $12,500 in each fiscal year shall be distributed to the | 88310 |
| Roseville Historical Society. | 88311 |
| Of the foregoing appropriation item 360-508, Historical | 88312 |
| Grants, $125,000 in each fiscal year shall be distributed to the | 88313 |
| Harbor Heritage Society Steamship Mather in Cleveland. | 88314 |
| Of the foregoing appropriation item 360-508, Historical | 88315 |
| Grants, $35,000 in each fiscal year shall be distributed to the | 88316 |
| Castle Farm project in the City of Mason. | 88317 |
| Section 206.54. REP OHIO HOUSE OF REPRESENTATIVES | 88318 |
| General Revenue Fund | 88319 |
| GRF | 025-321 | Operating Expenses | $ | 20,169,168 | $ | 20,370,859 | 88320 | ||||
| TOTAL GRF General Revenue Fund | $ | 20,169,168 | $ | 20,370,859 | 88321 | ||||||
| General Services Fund Group | 88322 |
| 103 | 025-601 | House Reimbursement | $ | 1,419,469 | $ | 1,419,469 | 88323 | ||||
| 4A4 | 025-602 | Miscellaneous Sales | $ | 37,474 | $ | 37,474 | 88324 | ||||
| TOTAL GSF General Services | 88325 | ||||||||||
| Fund Group | $ | 1,456,943 | $ | 1,456,943 | 88326 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 21,626,111 | $ | 21,827,802 | 88327 | ||||||
| OPERATING EXPENSES | 88328 |
| On July 1, 2005, or as soon as possible thereafter, the Chief | 88329 |
| Administrative Officer of the House of Representatives shall | 88330 |
| certify to the Director of Budget and Management the total fiscal | 88331 |
| year 2005 unencumbered appropriations in appropriation item | 88332 |
| 025-321, Operating Expenses. The Chief Administrative Officer may | 88333 |
| direct the Director of Budget and Management to transfer an amount | 88334 |
| not to exceed the total fiscal year 2005 unencumbered | 88335 |
| appropriations to fiscal year 2006 for use within appropriation | 88336 |
| item 025-321, Operating Expenses. Additional appropriation | 88337 |
| authority equal to the amount certified by the Chief | 88338 |
| Administrative Officer is hereby appropriated to appropriation | 88339 |
| item 025-321, Operating Expenses, in fiscal year 2006. | 88340 |
| On July 1, 2006, or as soon as possible thereafter, the Chief | 88341 |
| Administrative Officer of the House of Representatives shall | 88342 |
| certify to the Director of Budget and Management the total fiscal | 88343 |
| year 2006 unencumbered appropriations in appropriation item | 88344 |
| 025-321, Operating Expenses. The Chief Administrative Officer may | 88345 |
| direct the Director of Budget and Management to transfer an amount | 88346 |
| not to exceed the total fiscal year 2006 unencumbered | 88347 |
| appropriations to fiscal year 2007 for use within appropriation | 88348 |
| item 025-321, Operating Expenses. Additional appropriation | 88349 |
| authority equal to the amount certified by the Chief | 88350 |
| Administrative Officer is hereby appropriated to appropriation | 88351 |
| item 025-321, Operating Expenses, in fiscal year 2007. | 88352 |
| Section 206.57. HFA OHIO HOUSING FINANCE AGENCY | 88353 |
| General Services Fund Group | 88354 |
| 5AZ | 997-601 | Housing Finance Agency Personal Services | $ | 8,100,000 | $ | 8,100,000 | 88355 | ||||
| TOTAL GSF General Services Fund Group | $ | 8,100,000 | $ | 8,100,000 | 88356 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 8,100,000 | $ | 8,100,000 | 88357 | ||||||
| Section 206.60. IGO OFFICE OF THE INSPECTOR GENERAL | 88359 |
| General Revenue Fund | 88360 |
| GRF | 965-321 | Operating Expenses | $ | 950,868 | $ | 979,085 | 88361 | ||||
| TOTAL GRF General Revenue Fund | $ | 950,868 | $ | 979,085 | 88362 | ||||||
| General Services Fund Group | 88363 |
| 4Z3 | 965-602 | Special Investigations | $ | 100,000 | $ | 100,000 | 88364 | ||||
| TOTAL GSF General Services Fund Group | $ | 100,000 | $ | 100,000 | 88365 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,050,868 | $ | 1,079,085 | 88366 | ||||||
| SPECIAL INVESTIGATIONS | 88367 |
| Of the foregoing appropriation item 965-602, Special | 88368 |
| Investigations, up to $100,000 in each fiscal year may be used for | 88369 |
| investigative costs, pursuant to section 121.481 of the Revised | 88370 |
| Code. | 88371 |
| Section 206.63. INS DEPARTMENT OF INSURANCE | 88372 |
| Federal Special Revenue Fund Group | 88373 |
| 3U5 | 820-602 | OSHIIP Operating Grant | $ | 1,080,000 | $ | 1,080,000 | 88374 | ||||
| TOTAL FED Federal Special | 88375 | ||||||||||
| Revenue Fund Group | $ | 1,080,000 | $ | 1,080,000 | 88376 | ||||||
| State Special Revenue Fund Group | 88377 |
| 554 | 820-601 | Operating Expenses - OSHIIP | $ | 564,754 | $ | 571,772 | 88378 | ||||
| 554 | 820-606 | Operating Expenses | $ | 22,654,232 | $ | 22,832,214 | 88379 | ||||
| 555 | 820-605 | Examination | $ | 7,639,581 | $ | 7,639,581 | 88380 | ||||
| TOTAL SSR State Special Revenue | 88381 | ||||||||||
| Fund Group | $ | 30,858,567 | $ | 31,043,567 | 88382 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 31,938,567 | $ | 32,123,567 | 88383 | ||||||
| MARKET CONDUCT EXAMINATION | 88384 |
| When conducting a market conduct examination of any insurer | 88385 |
| doing business in this state, the Superintendent of Insurance may | 88386 |
| assess the costs of the examination against the insurer. The | 88387 |
| superintendent may enter into consent agreements to impose | 88388 |
| administrative assessments or fines for conduct discovered that | 88389 |
| may be violations of statutes or rules administered by the | 88390 |
| superintendent. All costs, assessments, or fines collected shall | 88391 |
| be deposited to the credit of the Department of Insurance | 88392 |
| Operating Fund (Fund 554). | 88393 |
| EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES | 88394 |
| The Director of Budget and Management, at the request of the | 88395 |
| Superintendent of Insurance, may transfer funds from the | 88396 |
| Department of Insurance Operating Fund (Fund 554), created by | 88397 |
| section 3901.021 of the Revised Code, to the Superintendent's | 88398 |
| Examination Fund (Fund 555), created by section 3901.071 of the | 88399 |
| Revised Code, only for expenses incurred in examining domestic | 88400 |
| fraternal benefit societies as required by section 3921.28 of the | 88401 |
| Revised Code. | 88402 |
| Section 206.66. JFS DEPARTMENT OF JOB AND FAMILY SERVICES | 88403 |
| General Revenue Fund | 88404 |
| GRF | 600-321 | Support Services | 88405 | ||||||||
| State | $ | 62,709,350 | $ | 59,977,736 | 88406 | ||||||
| Federal | $ | 8,103,050 | $ | 8,442,202 | 88407 | ||||||
| Support Services Total | $ | 70,812,400 | $ | 68,419,938 | 88408 | ||||||
| GRF | 600-410 | TANF State | $ | 272,619,061 | $ | 272,619,061 | 88409 | ||||
| GRF | 600-413 | Child Care Match/Maintenance of Effort | $ | 84,120,596 | $ | 84,120,596 | 88410 | ||||
| GRF | 600-416 | Computer Projects | 88411 | ||||||||
| State | $ | 114,516,710 | $ | 117,226,021 | 88412 | ||||||
| Federal | $ | 37,579,198 | $ | 34,255,465 | 88413 | ||||||
| Computer Projects Total | $ | 152,095,908 | $ | 151,481,486 | 88414 | ||||||
| GRF | 600-420 | Child Support Administration | $ | 5,091,446 | $ | 5,091,446 | 88415 | ||||
| GRF | 600-421 | Office of Family Stability | $ | 4,864,932 | $ | 4,864,932 | 88416 | ||||
| GRF | 600-423 | Office of Children and Families | $ | 5,408,020 | $ | 5,431,690 | 88417 | ||||
| GRF | 600-425 | Office of Ohio Health Plans | 88418 | ||||||||
| State | $ | 24,803,631 | $ | 24,054,873 | 88419 | ||||||
| Federal | $ | 26,539,544 | $ | 25,810,409 | 88420 | ||||||
| Office of Ohio Health Plans Total | $ | 51,343,175 | $ | 49,865,282 | 88421 | ||||||
| GRF | 600-502 | Child Support Match | $ | 16,814,103 | $ | 16,814,103 | 88422 | ||||
| GRF | 600-511 | Disability Financial Assistance | $ | 22,839,371 | $ | 22,839,371 | 88423 | ||||
| GRF | 600-512 | Non-TANF Disaster Assistance | $ | 1,000,000 | $ | 1,000,000 | 88424 | ||||
| GRF | 600-521 | Entitlement Administration - Local | $ | 151,206,401 | $ | 151,206,401 | 88425 | ||||
| GRF | 600-523 | Children and Families Subsidy | $ | 69,438,543 | $ | 69,438,543 | 88426 | ||||
| GRF | 600-525 | Health Care/Medicaid | 88427 | ||||||||
| State | $ | 3,777,442,629 | $ | 3,795,940,675 | 88428 | ||||||
| Federal | $ | 5,652,650,287 | $ | 5,731,692,576 | 88429 | ||||||
| Health Care Total | $ | 9,430,092,916 | $ | 9,527,633,251 | 88430 | ||||||
| GRF | 600-526 | Medicare Part D | $ | 155,349,266 | $ | 339,578,325 | 88431 | ||||
| GRF | 600-528 | Adoption Services | 88432 | ||||||||
| State | $ | 33,698,298 | $ | 35,516,130 | 88433 | ||||||
| Federal | $ | 40,331,807 | $ | 43,022,485 | 88434 | ||||||
| Adoption Services Total | $ | 74,030,105 | $ | 78,538,615 | 88435 | ||||||
| TOTAL GRF General Revenue Fund | 88436 | ||||||||||
| State | $ | 4,801,922,357 | $ | 5,005,719,903 | 88437 | ||||||
| Federal | $ | 5,765,203,886 | $ | 5,843,223,137 | 88438 | ||||||
| GRF Total | $ | 10,567,126,243 | $ | 10,848,943,040 | 88439 | ||||||
| General Services Fund Group | 88440 |
| 4A8 | 600-658 | Child Support Collections | $ | 26,680,794 | $ | 26,680,794 | 88441 | ||||
| 4R4 | 600-665 | BCII Services/Fees | $ | 36,974 | $ | 36,974 | 88442 | ||||
| 5C9 | 600-671 | Medicaid Program Support | $ | 73,015,021 | $ | 63,947,536 | 88443 | ||||
| 5N1 | 600-677 | County Technologies | $ | 1,000,000 | $ | 1,000,000 | 88444 | ||||
| 613 | 600-645 | Training Activities | $ | 135,000 | $ | 135,000 | 88445 | ||||
| TOTAL GSF General Services | 88446 | ||||||||||
| Fund Group | $ | 100,867,789 | $ | 91,800,304 | 88447 | ||||||
| Federal Special Revenue Fund Group | 88448 |
| 3AW | 600-675 | Faith Based Initiatives | $ | 750,000 | $ | 750,000 | 88449 | ||||
| 3A2 | 600-641 | Emergency Food Distribution | $ | 2,600,000 | $ | 2,800,000 | 88450 | ||||
| 3BB | 600-635 | Children's Hospitals - Federal | $ | 9,000,000 | $ | 9,000,000 | 88451 | ||||
| 3D3 | 600-648 | Children's Trust Fund Federal | $ | 2,040,524 | $ | 2,040,524 | 88452 | ||||
| 3F0 | 600-623 | Health Care Federal | $ | 616,011,784 | $ | 771,889,193 | 88453 | ||||
| 3F0 | 600-650 | Hospital Care Assurance Match | $ | 343,239,047 | $ | 343,239,047 | 88454 | ||||
| 3G5 | 600-655 | Interagency Reimbursement | $ | 1,364,802,369 | $ | 1,426,954,440 | 88455 | ||||
| 3H7 | 600-617 | Child Care Federal | $ | 208,000,000 | $ | 208,000,000 | 88456 | ||||
| 3N0 | 600-628 | IV-E Foster Care Maintenance | $ | 153,963,142 | $ | 153,963,142 | 88457 | ||||
| 3S5 | 600-622 | Child Support Projects | $ | 534,050 | $ | 534,050 | 88458 | ||||
| 3V0 | 600-688 | Workforce Investment Act | $ | 208,322,037 | $ | 208,097,948 | 88459 | ||||
| 3V4 | 600-678 | Federal Unemployment Programs | $ | 153,435,545 | $ | 157,202,750 | 88460 | ||||
| 3V4 | 600-679 | Unemployment Compensation Review Commission - Federal | $ | 3,829,430 | $ | 3,800,573 | 88461 | ||||
| 3V6 | 600-689 | TANF Block Grant | $ | 767,104,142 | $ | 792,483,200 | 88462 | ||||
| 3W3 | 600-659 | TANF/Title XX Transfer | $ | 8,000,000 | $ | 5,400,000 | 88463 | ||||
| 327 | 600-606 | Child Welfare | $ | 33,160,190 | $ | 33,090,786 | 88464 | ||||
| 331 | 600-686 | Federal Operating | $ | 43,966,134 | $ | 44,929,546 | 88465 | ||||
| 384 | 600-610 | Food Stamps and State Administration | $ | 188,238,706 | $ | 181,250,799 | 88466 | ||||
| 385 | 600-614 | Refugee Services | $ | 6,083,829 | $ | 6,542,439 | 88467 | ||||
| 395 | 600-616 | Special Activities/Child and Family Services | $ | 4,567,112 | $ | 4,564,877 | 88468 | ||||
| 396 | 600-620 | Social Services Block Grant | $ | 120,993,012 | $ | 121,004,222 | 88469 | ||||
| 397 | 600-626 | Child Support | $ | 287,468,576 | $ | 287,468,576 | 88470 | ||||
| 398 | 600-627 | Adoption Maintenance/ Administration | $ | 314,639,519 | $ | 314,639,519 | 88471 | ||||
| TOTAL FED Federal Special Revenue | 88472 | ||||||||||
| Fund Group | $ | 4,840,749,148 | $ | 5,079,645,631 | 88473 | ||||||
| State Special Revenue Fund Group | 88474 |
| 198 | 600-647 | Children's Trust Fund | $ | 6,788,522 | $ | 6,788,522 | 88475 | ||||
| 4A9 | 600-607 | Unemployment Compensation Administration Fund | $ | 10,811,527 | $ | 10,811,527 | 88476 | ||||
| 4A9 | 600-694 | Unemployment Compensation Review Commission | $ | 3,188,473 | $ | 3,188,473 | 88477 | ||||
| 4E3 | 600-605 | Nursing Home Assessments | $ | 4,759,914 | $ | 4,759,914 | 88478 | ||||
| 4E7 | 600-604 | Child and Family Services Collections | $ | 1,237,500 | $ | 300,000 | 88479 | ||||
| 4F1 | 600-609 | Foundation Grants/Child and Family Services | $ | 61,420 | $ | 61,420 | 88480 | ||||
| 4J5 | 600-613 | Nursing Facility Bed Assessments | $ | 34,613,984 | $ | 34,613,984 | 88481 | ||||
| 4J5 | 600-618 | Residential State Supplement Payments | $ | 15,700,000 | $ | 15,700,000 | 88482 | ||||
| 4K1 | 600-621 | ICF/MR Bed Assessments | $ | 20,074,255 | $ | 20,064,131 | 88483 | ||||
| 4R3 | 600-687 | Banking Fees | $ | 800,000 | $ | 800,000 | 88484 | ||||
| 4Z1 | 600-625 | HealthCare Compliance | $ | 10,000,000 | $ | 10,000,000 | 88485 | ||||
| 5AA | 600-673 | Ohio's Best Rx Administration | $ | 5,000,000 | $ | 5,000,000 | 88486 | ||||
| 5BE | 600-693 | Child Support Operating | $ | 5,000,000 | $ | 5,000,000 | 88487 | ||||
| 5BG | 600-653 | Managed Care Assessment | $ | 18,795,483 | $ | 99,410,121 | 88488 | ||||
| 5CR | 600-636 | Children's Hospitals - State | $ | 6,000,000 | $ | 6,000,000 | 88489 | ||||
| 5F2 | 600-667 | Building Consolidation | $ | 250,000 | $ | 250,000 | 88490 | ||||
| 5F3 | 600-668 | Building Consolidation | $ | 1,000,000 | $ | 1,000,000 | 88491 | ||||
| 5P5 | 600-692 | Health Care Services | $ | 828,587,776 | $ | 538,301,761 | 88492 | ||||
| 5Q9 | 600-619 | Supplemental Inpatient Hospital Payments | $ | 56,125,998 | $ | 56,125,998 | 88493 | ||||
| 5R2 | 600-608 | Medicaid-Nursing Facilities | $ | 160,192,055 | $ | 176,632,090 | 88494 | ||||
| 5S3 | 600-629 | MR/DD Medicaid Administration and Oversight | $ | 1,620,960 | $ | 1,620,960 | 88495 | ||||
| 5U3 | 600-654 | Health Care Services Administration | $ | 10,115,870 | $ | 15,474,709 | 88496 | ||||
| 5U6 | 600-663 | Children and Family Support | $ | 4,929,717 | $ | 4,929,717 | 88497 | ||||
| 5Z9 | 600-672 | TANF Quality Control Reinvestments | $ | 647,409 | $ | 688,421 | 88498 | ||||
| 651 | 600-649 | Hospital Care Assurance Program Fund | $ | 231,893,404 | $ | 231,893,404 | 88499 | ||||
| TOTAL SSR State Special Revenue | 88500 | ||||||||||
| Fund Group | $ | 1,438,194,267 | $ | 1,249,415,152 | 88501 | ||||||
| Agency Fund Group | 88502 |
| 192 | 600-646 | Support Intercept - Federal | $ | 110,000,000 | $ | 110,000,000 | 88503 | ||||
| 5B6 | 600-601 | Food Stamp Intercept | $ | 2,000,000 | $ | 2,000,000 | 88504 | ||||
| 583 | 600-642 | Support Intercept - State | $ | 16,000,000 | $ | 16,000,000 | 88505 | ||||
| TOTAL AGY Agency Fund Group | $ | 128,000,000 | $ | 128,000,000 | 88506 | ||||||
| Holding Account Redistribution Fund Group | 88507 |
| R12 | 600-643 | Refunds and Audit Settlements | $ | 3,600,000 | $ | 3,600,000 | 88508 | ||||
| R13 | 600-644 | Forgery Collections | $ | 10,000 | $ | 10,000 | 88509 | ||||
| TOTAL 090 Holding Account Redistribution Fund Group | $ | 3,610,000 | $ | 3,610,000 | 88510 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 17,078,547,447 | $ | 17,401,414,127 | 88511 | ||||||
| Section 206.66.03. APPROPRIATION ITEM RESTRUCTURING | 88513 |
| (A) If the Directors of Job and Family Services and Budget | 88514 |
| and Management agree, the Director of Budget and Management may, | 88515 |
| in fiscal years 2006 and 2007, reduce appropriations in | 88516 |
| appropriation items 600-321, Support Services, and 600-416, | 88517 |
| Computer Projects, by amounts equal to the federal share in each | 88518 |
| appropriation item. The total amount by which these appropriation | 88519 |
| items are reduced in accordance with this division is hereby | 88520 |
| appropriated to appropriation item 600-651, Federal General | 88521 |
| Operating (Fund 3AX). | 88522 |
| (B) The Department of Job and Family Services may submit to | 88523 |
| the Office of Budget and Management a plan to realign | 88524 |
| appropriation items 600-321, Support Services, and 600-416, | 88525 |
| Computer Projects. The plan may include a request for the Director | 88526 |
| of Budget and Management to transfer appropriations from | 88527 |
| appropriation items 600-321, Support Services, and 600-416, | 88528 |
| Computer Projects, to any other General Revenue Fund appropriation | 88529 |
| items in Section 312.03 of this act. If the plan is approved by | 88530 |
| the Office of Budget and Management, the Director of Budget and | 88531 |
| Management shall transfer appropriations as requested in the plan. | 88532 |
| Dollars spent pursuant to appropriations transferred in accordance | 88533 |
| with this division shall be for the same purposes for which the | 88534 |
| original appropriations were made. | 88535 |
| (C) In fiscal year 2007, the Department of Job and Family | 88536 |
| Services, with the approval of the Office of Budget and | 88537 |
| Management, shall utilize a method for determining the payments | 88538 |
| from applicable appropriation items into the Support Services | 88539 |
| State Operating Fund (Fund 230). The method shall contain | 88540 |
| characteristics of administrative ease and uniform application. | 88541 |
| Payments to the Support Services State Operating Fund (Fund 230) | 88542 |
| shall be made by intrastate transfer voucher. Amounts transferred | 88543 |
| in accordance with this division are hereby appropriated to | 88544 |
| appropriation item 600-661, Support Services State Operating (Fund | 88545 |
| 230). | 88546 |
| Section 206.66.06. GOVERNOR'S OFFICE OF FAITH-BASED AND | 88547 |
| COMMUNITY INITIATIVES | 88548 |
| Of the foregoing appropriation item 600-321, Support | 88549 |
| Services, up to $312,500 per fiscal year may be used to support | 88550 |
| the activities of the Governor's Office of Faith-Based and | 88551 |
| Community Initiatives. | 88552 |
| Section 206.66.09. TANF OHIO WORKS FIRST CASH ASSISTANCE | 88553 |
| PAYMENTS | 88554 |
| The Department of Job and Family Services shall use a portion | 88555 |
| of the moneys appropriated for the TANF program in appropriation | 88556 |
| items 600-410, TANF State; 600-658, Child Support Collections; and | 88557 |
| 600-689, TANF Block Grant, to increase the cash assistance | 88558 |
| provided to recipients of benefits under the TANF Ohio Works First | 88559 |
| program by up to 10 per cent as compared to the cash assistance | 88560 |
| provided prior to July 1, 2005. The increased TANF cash assistance | 88561 |
| benefit shall be effective October 1, 2005. | 88562 |
| Section 206.66.10. MEDICAID DATA SYSTEM | 88563 |
| Upon receipt of federal approval and assured ninety per cent | 88564 |
| reimbursement for the project, up to $6,000,000 in state and | 88565 |
| federal funds in fiscal year 2006 and up to $4,000,000 in state | 88566 |
| and federal funds in fiscal year 2007 shall be used to fund the | 88567 |
| computer system specified in section 5111.915 of the Revised Code. | 88568 |
| Section 206.66.12. OHIO'S BEST RX START-UP COSTS | 88569 |
| An amount equal to the remaining unencumbered balance in | 88570 |
| appropriation item 600-440, Ohio's Best Rx Start-Up Costs, from | 88571 |
| fiscal year 2005 is hereby appropriated for fiscal year 2006 into | 88572 |
| appropriation item 600-440, Ohio's Best Rx Start-Up Costs. An | 88573 |
| amount equal to the remaining unencumbered balance in | 88574 |
| appropriation item 600-440, Ohio's Best Rx Start-Up Costs, from | 88575 |
| fiscal year 2006 is hereby appropriated for fiscal year 2007 into | 88576 |
| appropriation item 600-440, Ohio's Best Rx Start-up Costs. The | 88577 |
| appropriation item 600-440, Ohio's Best Rx Start-Up Costs, shall | 88578 |
| be used by the Department of Job and Family Services to pay for | 88579 |
| the administrative and operational expenses for the Ohio's Best Rx | 88580 |
| Program in accordance with Chapter 5110. of the Revised Code, | 88581 |
| including costs associated with the duties assigned by the | 88582 |
| Department to the Ohio's Best Rx Program Administrator and for | 88583 |
| making payments to participating terminal distributors until | 88584 |
| sufficient cash exists to make payments from the accounts created | 88585 |
| in sections 5110.32 and 5110.33 of the Revised Code. Of | 88586 |
| appropriation item 600-440, Ohio's Best Rx Start-Up Costs, not | 88587 |
| more than $750,000 per fiscal year may be used by the department | 88588 |
| for administrative and operational costs, excluding outreach, that | 88589 |
| are not associated with the Ohio's Best Rx Program Administrator | 88590 |
| or the payments to participating terminal distributors. | 88591 |
| If the Director of Job and Family Services estimates that the | 88592 |
| appropriation is insufficient to fully cover start-up costs, the | 88593 |
| Director shall, in consultation with the Director of Budget and | 88594 |
| Management, submit a letter to the Governor, President of the | 88595 |
| Senate, Speaker of the House of Representatives, and the minority | 88596 |
| leaders of the Senate and House of Representatives. The letter | 88597 |
| shall declare the additional appropriation estimated to be needed | 88598 |
| and shall show a breakdown of how the additional appropriation | 88599 |
| will be used. The Director of Job and Family Services shall obtain | 88600 |
| the approval of the Controlling Board for any supplemental | 88601 |
| appropriation, if required. The amount approved by the Controlling | 88602 |
| Board is hereby appropriated. The use of state funds for program | 88603 |
| costs as provided in this section shall in no way obligate the | 88604 |
| state to fund further program costs, as the program is a discount | 88605 |
| program, not an entitlement program. | 88606 |
| OHIO'S BEST RX ADMINISTRATION | 88607 |
| The foregoing appropriation item 600-673, Ohio's Best Rx | 88608 |
| Administration, shall be used on an ongoing basis to cover | 88609 |
| expenses associated with the Ohio's Best Rx Program defined in | 88610 |
| section 5110.33 of the Revised Code. If receipts to the fund | 88611 |
| exceed the appropriated amount, the Director of Job and Family | 88612 |
| Services may request that the Director of Budget and Management | 88613 |
| increase the appropriation of this fund. Upon approval from the | 88614 |
| Director of Budget and Management, the additional amounts are | 88615 |
| hereby appropriated. | 88616 |
| Section 206.66.21. TANF TRANSFERS | 88617 |
| (A) Notwithstanding any provision of law to the contrary, | 88618 |
| through June 30, 2007, if the Director of Budget and Management | 88619 |
| determines that the estimated ending fund balance of the General | 88620 |
| Revenue Fund will be greater than the amounts assumed in this act | 88621 |
| for either fiscal year, the director may transfer the excess | 88622 |
| balance, up to a total of $96,000,000 to Fund 5AX, Public | 88623 |
| Assistance Reconciliation Fund, to pay the state's outstanding | 88624 |
| TANF liability to the federal government. Upon transfer, these | 88625 |
| amounts are hereby appropriated. This division does not apply to | 88626 |
| division (A) of Section 312.09, Budget Stabilization Fund | 88627 |
| Transfers, of this act. | 88628 |
| (B) In executing division (A) of this section and division | 88629 |
| (A) of Section 312.09, Budget Stabilization Fund Transfers, it is | 88630 |
| intended that these divisions be applied and construed so that | 88631 |
| both of the transfers authorized under these divisions may be made | 88632 |
| through June 30, 2007. | 88633 |
| Section 206.66.22. FISCAL YEAR 2006 AND FISCAL YEAR 2007 | 88634 |
| MEDICAID REIMBURSEMENT SYSTEM FOR ICFs/MR | 88635 |
| (A) As used in this section: | 88636 |
| "2003 cost report" means a complete and adequate Medicaid | 88637 |
| cost report covering calendar year 2003 filed with the Department | 88638 |
| of Job and Family Services under section 5111.26 of the Revised | 88639 |
| Code. | 88640 |
| "Intermediate care facility for the mentally retarded" has | 88641 |
| the same meaning as in section 5111.20 of the Revised Code. | 88642 |
| "ICF/MR services" means intermediate care facility for the | 88643 |
| mentally retarded services covered by the Medicaid program that an | 88644 |
| intermediate care facility for the mentally retarded provides to a | 88645 |
| resident of the facility who is a Medicaid recipient eligible for | 88646 |
| Medicaid-covered intermediate care facility for the mentally | 88647 |
| retarded services. | 88648 |
| (B) Except as provided in division (C) of this section, an | 88649 |
| intermediate care facility for the mentally retarded that has a | 88650 |
| valid Medicaid provider agreement on June 30, 2005, and a valid | 88651 |
| Medicaid provider agreement for fiscal years 2006 and 2007 shall | 88652 |
| be paid, for ICF/MR services the facility provides during fiscal | 88653 |
| years 2006 and 2007, the per diem rate the facility is paid for | 88654 |
| providing ICF/MR services on June 30, 2005. | 88655 |
| (C) If an intermediate care facility for the mentally | 88656 |
| retarded undergoes a change of provider during fiscal year 2006 or | 88657 |
| 2007, the facility shall be paid, for ICF/MR services the facility | 88658 |
| provides during the period beginning on the effective date of the | 88659 |
| change of provider and ending June 30, 2007, the per diem rate | 88660 |
| paid to the previous provider for ICF/MR services that the | 88661 |
| previous provider provided on the day immediately before the | 88662 |
| effective date of the change of provider. | 88663 |
| (D) If, during fiscal year 2006 or 2007, an intermediate care | 88664 |
| facility for the mentally retarded obtains certification as an | 88665 |
| intermediate care facility for the mentally retarded from the | 88666 |
| Director of Health and begins participation in the Medicaid | 88667 |
| program, the facility shall be paid, for ICF/MR services the | 88668 |
| facility provides during the period beginning on the date the | 88669 |
| facility begins participation in the Medicaid program and ending | 88670 |
| June 30, 2007, a per diem rate that is the median of all per diem | 88671 |
| rates paid to intermediate care facilities for the mentally | 88672 |
| retarded on July 1, 2005. | 88673 |
| (E) If, during fiscal year 2006 or 2007, one or more Medicaid | 88674 |
| certified beds are added to an intermediate care facility for the | 88675 |
| mentally retarded with a valid Medicaid provider agreement for the | 88676 |
| time that the beds are added, the facility shall be paid a per | 88677 |
| diem rate for the new beds that is the same as the facility's per | 88678 |
| diem rate for the Medicaid certified beds that are in the facility | 88679 |
| on the day before the new beds are added. | 88680 |
| (F) An adjustment necessitated by an audit of an intermediate | 88681 |
| care facility for the mentally retarded's 2003 cost report may be | 88682 |
| applied to a per diem rate established under this section for the | 88683 |
| facility. | 88684 |
| (G) The Department of Job and Family Services shall follow | 88685 |
| this section in determining the per diem rate to be paid an | 88686 |
| intermediate care facility for the mentally retarded under the | 88687 |
| Medicaid program for ICF/MR services provided during fiscal years | 88688 |
| 2006 and 2007 notwithstanding anything to the contrary in sections | 88689 |
| 5111.20 to 5111.33 of the Revised Code. | 88690 |
| Section 206.66.23. FISCAL YEAR 2006 MEDICAID REIMBURSEMENT | 88691 |
| SYSTEM FOR NURSING FACILITIES | 88692 |
| (A) As used in this section: | 88693 |
| "2003 cost report" means a complete and adequate Medicaid | 88694 |
| cost report covering calendar year 2003 filed with the Department | 88695 |
| of Job and Family Services under section 5111.26 of the Revised | 88696 |
| Code. | 88697 |
| "Direct care peer group" means the peer group specified in | 88698 |
| rules adopted under division (E) of section 5111.23 of the Revised | 88699 |
| Code, as that section existed on June 30, 2005, into which a | 88700 |
| nursing facility is placed as part of the calculation of the | 88701 |
| nursing facility's rate for direct care costs. | 88702 |
| "Franchise permit fee" means the fee imposed by sections | 88703 |
| 3721.50 to 3721.58 of the Revised Code. | 88704 |
| "Medicaid days" means all days during which a resident who is | 88705 |
| a Medicaid recipient eligible for nursing facility services | 88706 |
| occupies a bed in a nursing facility that is included in the | 88707 |
| nursing facility's certified capacity under Title XIX of the | 88708 |
| "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as | 88709 |
| amended. Therapeutic or hospital leave days for which payment is | 88710 |
| made under section 5111.33 of the Revised Code are considered | 88711 |
| Medicaid days proportionate to the percentage of the nursing | 88712 |
| facility's per resident per day rate paid for those days. | 88713 |
| "Nursing facility" has the same meaning as in section 5111.20 | 88714 |
| of the Revised Code. | 88715 |
| "Nursing facility services" means nursing facility services | 88716 |
| covered by the Medicaid program that a nursing facility provides | 88717 |
| to a resident of the nursing facility who is a Medicaid recipient | 88718 |
| eligible for Medicaid-covered nursing facility services. | 88719 |
| (B) Except as provided in division (C) of this section, a | 88720 |
| nursing facility with a valid Medicaid provider agreement for | 88721 |
| fiscal year 2006 shall be paid the following rate for nursing | 88722 |
| facility services the nursing facility provides during fiscal year | 88723 |
| 2006: | 88724 |
| (1) If the nursing facility had a valid Medicaid provider | 88725 |
| agreement on June 30, 2005, and a 2003 cost report, the rate shall | 88726 |
| be determined as follows: | 88727 |
| (a) Calculate the nursing facility's rate using the method | 88728 |
| that was used to calculate the nursing facility's rate for nursing | 88729 |
| facility services provided on July 1, 2004, with the following | 88730 |
| modifications: | 88731 |
| (i) Use the nursing facility's 2003 cost report; | 88732 |
| (ii) Set the maximum cost per case-mix unit for the nursing | 88733 |
| facility's peer group at an amount equal to ninety-eight per cent | 88734 |
| of the maximum cost per case-mix unit that, under division | 88735 |
| (B)(2)(a) of section 5111.23 of the Revised Code, as that section | 88736 |
| existed on June 30, 2005, was set for the nursing facility's peer | 88737 |
| group for direct care costs for nursing facility services provided | 88738 |
| on July 1, 2004; | 88739 |
| (iii) For the average case-mix score that is used in the | 88740 |
| multiplication performed under division (C)(1) of section 5111.23 | 88741 |
| of the Revised Code, as that section existed on June 30, 2005, use | 88742 |
| the nursing facility's quarterly case-mix score that is based on | 88743 |
| the data the nursing facility submitted to the Department under | 88744 |
| division (B) of section 5111.231 of the Revised Code, as that | 88745 |
| section existed on June 30, 2005, for the quarter ending December | 88746 |
| 31, 2004; | 88747 |
| (iv) For the inflation rate that is used in the calculation | 88748 |
| made under division (C)(2) of section 5111.23 of the Revised Code, | 88749 |
| as that section existed on June 30, 2005, use an inflation rate of | 88750 |
| six and twenty-eight-hundredths per cent; | 88751 |
| (v) Use the annual average case-mix score that was calculated | 88752 |
| under division (B) of section 5111.231 of the Revised Code, as | 88753 |
| that section existed on June 30, 2005, and used to calculate the | 88754 |
| nursing facility's rate for direct care costs for nursing facility | 88755 |
| services provided on June 30, 2005; | 88756 |
| (vi) For the inflation rate used in the calculation of the | 88757 |
| nursing facility's other protected costs under section 5111.235 of | 88758 |
| the Revised Code, as that section existed on June 30, 2005, use an | 88759 |
| inflation rate of seventy-nine-hundredths per cent; | 88760 |
| (vii) For the inflation rate used in the calculation of the | 88761 |
| nursing facility's indirect care costs under division (A)(1) of | 88762 |
| section 5111.24 of the Revised Code, as that section existed on | 88763 |
| June 30, 2005, use an inflation rate of ninety-one-hundredths per | 88764 |
| cent; | 88765 |
| (viii) Set the pre-inflation adjusted maximum rate for | 88766 |
| indirect care costs for the nursing facility's peer group at an | 88767 |
| amount equal to ninety-eight per cent of the pre-inflation | 88768 |
| adjusted maximum rate for indirect care costs that, under division | 88769 |
| (B) of section 5111.24 of the Revised Code, as that section | 88770 |
| existed on June 30, 2005, was set for the nursing facility's peer | 88771 |
| group for nursing facility services provided on July 1, 2004; | 88772 |
| (ix) For the inflation rate used in the calculation of the | 88773 |
| maximum rate for indirect care costs for the nursing facility's | 88774 |
| peer group under division (B)(1) of section 5111.24 of the Revised | 88775 |
| Code, as that section existed on June 30, 2005, use an inflation | 88776 |
| rate of negative seven-hundredths per cent; | 88777 |
| (x) For the inflation rate used in the calculations made | 88778 |
| under divisions (A)(1)(b)(iii) and (D)(2)(b) and the second to | 88779 |
| last paragraph of division (E) of section 5111.25 of the Revised | 88780 |
| Code, as that section existed on June 30, 2005, use an inflation | 88781 |
| rate of one and seventy-nine-hundredths per cent. | 88782 |
| (b) Reduce the rate calculated under division (B)(1)(a) of | 88783 |
| this section by six and sixty-two hundredths per cent; | 88784 |
| (c) Adjust the rate calculated under division (B)(1)(b) of | 88785 |
| this section by an amount equal to any rate adjustment implemented | 88786 |
| during fiscal year 2005 pursuant to section 5111.28 or 5111.29 of | 88787 |
| the Revised Code, as those sections existed on June 30, 2005; | 88788 |
| (d) Determine the nursing facility's rate per case-mix unit | 88789 |
| by dividing the nursing facility's rate determined under division | 88790 |
| (B)(1)(b) of this section by the nursing facility's annual average | 88791 |
| case-mix score that was used for the nursing facility under | 88792 |
| division (B)(1)(a)(v) of this section; | 88793 |
| (e) Array from low rate per case-mix unit to high rate per | 88794 |
| case-mix unit each of the nursing facilities that are in the | 88795 |
| nursing facility's direct care peer group and for which a rate is | 88796 |
| determined under division (B)(1) of this section; | 88797 |
| (f) Determine the nursing facility's facility-specific | 88798 |
| estimated Medicaid costs by multiplying the nursing facility's | 88799 |
| rate determined under division (B)(1)(c) of this section by the | 88800 |
| number of the nursing facility's Medicaid days for calendar year | 88801 |
| 2003 as reported to the Department on May 31, 2004, in the | 88802 |
| Medicaid Management Information System; | 88803 |
| (g) Determine the total estimated Medicaid costs for all of | 88804 |
| the nursing facilities that are in the nursing facility's direct | 88805 |
| care peer group and for which a rate is determined under division | 88806 |
| (B)(1) of this section by calculating the sum of all of those | 88807 |
| nursing facilities' facility-specific estimated Medicaid costs | 88808 |
| determined under division (B)(1)(f) of this section; | 88809 |
| (h) Divide the nursing facilities included in the array made | 88810 |
| under division (B)(1)(e) of this section into three sub-peer | 88811 |
| groups such that each of the following is the case: | 88812 |
| (i) The first sub-peer group consists of those nursing | 88813 |
| facilities with the lowest rate per case-mix unit whose combined | 88814 |
| facility-specific estimated Medicaid costs equals, as close as | 88815 |
| possible, one-third of the total estimated Medicaid costs | 88816 |
| determined under division (B)(1)(g) of this section; | 88817 |
| (ii) The second sub-peer group consists of those nursing | 88818 |
| facilities with the middle rate per case-mix unit whose combined | 88819 |
| facility-specific estimated Medicaid costs equals, as close as | 88820 |
| possible, one-third of the total estimated Medicaid costs | 88821 |
| determined under division (B)(1)(g) of this section; | 88822 |
| (iii) The third sub-peer group consists of those nursing | 88823 |
| facilities with the highest rate per case-mix unit whose combined | 88824 |
| facility-specific estimated Medicaid costs equals, as close as | 88825 |
| possible, one-third of the total estimated Medicaid costs | 88826 |
| determined under division (B)(1)(g) of this section. | 88827 |
| (i) If the nursing facility is part of the first sub-peer | 88828 |
| group created under division (B)(1)(h)(i) of this section, | 88829 |
| increase the nursing facility's rate determined under division | 88830 |
| (B)(1)(c) of this section by two and one-half per cent; | 88831 |
| (j) If the nursing facility is part of the second sub-peer | 88832 |
| group created under division (B)(1)(h)(ii) of this section, do not | 88833 |
| increase or decrease the nursing facility's rate determined under | 88834 |
| division (B)(1)(c) of this section; | 88835 |
| (k) If the nursing facility is part of the third sub-peer | 88836 |
| group created under division (B)(1)(h)(iii) of this section, | 88837 |
| decrease the nursing facility's rate determined under division | 88838 |
| (B)(1)(c) of this section by two and one-half per cent; | 88839 |
| (l) Unless the nursing facility is exempt from paying the | 88840 |
| franchise permit fee, increase the nursing facility's rate | 88841 |
| determined under division (B)(1)(i), (j), or (k) of this section | 88842 |
| by one dollar and ninety-five cents. | 88843 |
| (2) If the nursing facility had a valid Medicaid provider | 88844 |
| agreement on June 30, 2005, and was not required to file a cost | 88845 |
| report covering calendar year 2003, the rate shall be determined | 88846 |
| as follows: | 88847 |
| (a) Reduce the rate the nursing facility was paid for nursing | 88848 |
| facility services provided on June 30, 2005, by three per cent; | 88849 |
| (b) Unless the nursing facility is exempt from paying the | 88850 |
| franchise permit fee, increase the nursing facility's rate | 88851 |
| determined under division (B)(2)(a) of this section by one dollar | 88852 |
| and ninety-five cents. | 88853 |
| (C) If a nursing facility undergoes a change of operator on | 88854 |
| July 1, 2005, the nursing facility shall be paid, for nursing | 88855 |
| facility services the nursing facility provides during fiscal year | 88856 |
| 2006, the rate that would have been paid to the exiting operator | 88857 |
| of the nursing facility for nursing facility services provided on | 88858 |
| July 1, 2005. | 88859 |
| If a nursing facility undergoes a change of operator during | 88860 |
| the period beginning July 2, 2005, and ending June 30, 2006, the | 88861 |
| nursing facility shall be paid, for nursing facility services the | 88862 |
| nursing facility provides during the period beginning on the | 88863 |
| effective date of the change of operator and ending June 30, 2006, | 88864 |
| the rate paid to the exiting operator for nursing facility | 88865 |
| services that the exiting operator provided on the day immediately | 88866 |
| before the effective date of the change of operator. | 88867 |
| (D) If, during fiscal year 2006, a nursing facility obtains | 88868 |
| certification as a nursing facility from the Director of Health | 88869 |
| and begins participation in the Medicaid program, the nursing | 88870 |
| facility shall be paid, for nursing facility services the nursing | 88871 |
| facility provides during the period beginning on the date the | 88872 |
| nursing facility begins participation in the Medicaid program and | 88873 |
| ending June 30, 2006, a rate that is the median of all rates paid | 88874 |
| to nursing facilities on July 1, 2005. | 88875 |
| (E) If, during fiscal year 2006, one or more Medicaid | 88876 |
| certified beds are added to a nursing facility with a valid | 88877 |
| Medicaid provider agreement for fiscal year 2006, the nursing | 88878 |
| facility shall be paid a rate for the new beds that is the same as | 88879 |
| the nursing facility's rate for the Medicaid certified beds that | 88880 |
| are in the nursing facility on the day before the new beds are | 88881 |
| added. | 88882 |
| (F) If the United States Centers for Medicare and Medicaid | 88883 |
| Services requires that the franchise permit fee be reduced or | 88884 |
| eliminated, the Department of Job and Family Services shall reduce | 88885 |
| the amount it pays nursing facilities under this section as | 88886 |
| necessary to reflect the loss to the state of the revenue and | 88887 |
| federal financial participation generated from the franchise | 88888 |
| permit fee. | 88889 |
| (G) A nursing facility's rate established under this section | 88890 |
| shall not be subject to any adjustments except as follows: | 88891 |
| (1) An adjustment resulting from an audit of the nursing | 88892 |
| facility's 2003 cost report may be applied to a rate established | 88893 |
| under this section for the nursing facility not later than three | 88894 |
| years after the first day of the fiscal year for which the rate is | 88895 |
| established. | 88896 |
| (2) The nursing facility's rate established under this | 88897 |
| section may be adjusted pursuant to a process established in rules | 88898 |
| adopted under section 5111.02 of the Revised Code to reflect a | 88899 |
| change in the nursing facility's capital costs due to either of | 88900 |
| the following: | 88901 |
| (a) A change of provider agreement that goes into effect | 88902 |
| before July 1, 2005, and for which a rate adjustment is not | 88903 |
| implemented before June 30, 2005; | 88904 |
| (b) A reviewable activity, as defined in section 3702.51 of | 88905 |
| the Revised Code, for which a certificate of need application is | 88906 |
| filed with the Director of Health before July 1, 2005, costs are | 88907 |
| incurred before June 30, 2005, and a rate adjustment is not | 88908 |
| implemented before June 30, 2005. | 88909 |
| (H) The Department of Job and Family Services shall follow | 88910 |
| this section in determining the rate to be paid a nursing facility | 88911 |
| under the Medicaid program for nursing facility services provided | 88912 |
| during fiscal year 2006 notwithstanding anything to the contrary | 88913 |
| in sections 5111.20 to 5111.33 of the Revised Code. | 88914 |
| Section 206.66.24. FISCAL YEAR 2007 MEDICAID REIMBURSEMENT | 88915 |
| SYSTEM FOR NURSING FACILITIES | 88916 |
| (A) As used in this section: | 88917 |
| "2003 cost report" means a complete and adequate Medicaid | 88918 |
| cost report covering calendar year 2003 filed with the Department | 88919 |
| of Job and Family Services under section 5111.26 of the Revised | 88920 |
| Code. | 88921 |
| "Franchise permit fee" means the fee imposed by sections | 88922 |
| 3721.50 to 3721.58 of the Revised Code. | 88923 |
| "Nursing facility" has the same meaning as in section 5111.20 | 88924 |
| of the Revised Code. | 88925 |
| "Nursing facility services" means nursing facility services | 88926 |
| covered by the Medicaid program that a nursing facility provides | 88927 |
| to a resident of the nursing facility who is a Medicaid recipient | 88928 |
| eligible for Medicaid-covered nursing facility services. | 88929 |
| (B) Except as provided in division (C) of this section, a | 88930 |
| nursing facility that has a valid Medicaid provider agreement on | 88931 |
| June 30, 2006, and a valid Medicaid provider agreement for fiscal | 88932 |
| year 2007 shall be paid, for nursing facility services the nursing | 88933 |
| facility provides during fiscal year 2007, the rate the nursing | 88934 |
| facility is paid for providing nursing facility services on June | 88935 |
| 30, 2006. | 88936 |
| (C) If a nursing facility undergoes a change of operator | 88937 |
| during fiscal year 2007, the nursing facility shall be paid, for | 88938 |
| nursing facility services the nursing facility provides during the | 88939 |
| period beginning on the effective date of the change of operator | 88940 |
| and ending June 30, 2007, the rate paid to the exiting operator | 88941 |
| for nursing facility services that the exiting operator provided | 88942 |
| on the day immediately before the effective date of the change of | 88943 |
| operator. | 88944 |
| (D) If, during fiscal year 2007, a nursing facility obtains | 88945 |
| certification as a nursing facility from the Director of Health | 88946 |
| and begins participation in the Medicaid program, the nursing | 88947 |
| facility shall be paid, for nursing facility services the nursing | 88948 |
| facility provides during the period beginning on the date the | 88949 |
| nursing facility begins participation in the Medicaid program and | 88950 |
| ending June 30, 2007, a rate that is the median of all rates paid | 88951 |
| to nursing facilities on July 1, 2006. | 88952 |
| (E) If, during fiscal year 2007, one or more Medicaid | 88953 |
| certified beds are added to a nursing facility with a valid | 88954 |
| Medicaid provider agreement for fiscal year 2007, the nursing | 88955 |
| facility shall be paid a rate for the new beds that is the same as | 88956 |
| the nursing facility's rate for the Medicaid certified beds that | 88957 |
| are in the nursing facility on the day before the new beds are | 88958 |
| added. | 88959 |
| (F) If the United States Centers for Medicare and Medicaid | 88960 |
| Services requires that the franchise permit fee be reduced or | 88961 |
| eliminated, the Department of Job and Family Services shall reduce | 88962 |
| the amount it pays nursing facilities under this section as | 88963 |
| necessary to reflect the loss to the state of the revenue and | 88964 |
| federal financial participation generated from the franchise | 88965 |
| permit fee. | 88966 |
| (G) A nursing facility's rate established under this section | 88967 |
| shall not be subject to any adjustments except as follows: | 88968 |
| (1) An adjustment resulting from an audit of the nursing | 88969 |
| facility's 2003 cost report may be applied to a rate established | 88970 |
| under this section for the nursing facility not later than three | 88971 |
| years after the first day of the fiscal year for which the rate is | 88972 |
| established. | 88973 |
| (2) The nursing facility's rate established under this | 88974 |
| section may be adjusted pursuant to a process established in rules | 88975 |
| adopted under section 5111.02 of the Revised Code to reflect a | 88976 |
| change in the nursing facility's capital costs due to either of | 88977 |
| the following: | 88978 |
| (a) A change of provider agreement that goes into effect | 88979 |
| before July 1, 2005, and for which a rate adjustment is not | 88980 |
| implemented before June 30, 2006; | 88981 |
| (b) A reviewable activity, as defined in section 3702.51 of | 88982 |
| the Revised Code, for which a certificate of need application is | 88983 |
| filed with the Director of Health before July 1, 2005, costs are | 88984 |
| incurred before June 30, 2005, and a rate adjustment is not | 88985 |
| implemented before June 30, 2006. | 88986 |
| (H) The Department of Job and Family Services shall follow | 88987 |
| this section in determining the rate to be paid a nursing facility | 88988 |
| under the Medicaid program for nursing facility services provided | 88989 |
| during fiscal year 2007 notwithstanding anything to the contrary | 88990 |
| in sections 5111.20 to 5111.33 of the Revised Code. | 88991 |
| Section 209.66.25. TRANSITION METHODOLOGY FOR MEDICAID | 88992 |
| REIMBUSEMENT FOR NURSING FACILITIES | 88993 |
| The Department of Job and Family Services shall prepare a | 88994 |
| report that includes a recommendation on the methodology that | 88995 |
| should be used to transition paying providers of nursing | 88996 |
| facilities the rate determined for nursing facilities for fiscal | 88997 |
| year 2007 pursuant to the section of this act entitled "FISCAL | 88998 |
| YEAR 2007 MEDICAID REIMBURSEMNT SYSTEM FOR NURISNG FACILITIES" to | 88999 |
| the rate determined for nursing facilities for fiscal years 2008 | 89000 |
| and thereafter pursuant to sections 5111.20 to 5111.33 of the | 89001 |
| Revised Code. The Department shall submit the report to the | 89002 |
| Governor, President and Minority Leader of the Senate, and Speaker | 89003 |
| and Minority Leader of the House of Representatives not later than | 89004 |
| June 30, 2006. | 89005 |
| Section 206.66.27. FISCAL YEARS 2006 AND 2007 INCREASED | 89006 |
| PAYMENT TO ICFs/MR | 89007 |
| (A) As used in this section: | 89008 |
| "Active treatment" has the same meaning as in section 5126.12 | 89009 |
| of the Revised Code. | 89010 |
| "Community alternative funding system" means the former | 89011 |
| system under which habilitation center services were reimbursed | 89012 |
| under the Medicaid program pursuant to former section 5111.041 of | 89013 |
| the Revised Code and former rules adopted under that section. | 89014 |
| (B) The Director of Job and Family Services may increase the | 89015 |
| rate paid to intermediate care facilities for the mentally | 89016 |
| retarded under Section 206.66.28 of this act for fiscal years 2006 | 89017 |
| and 2007 by an amount specified in rules adopted under section | 89018 |
| 5111.02 of the Revised Code to reimburse the facilities for active | 89019 |
| treatment day programming because of the termination of the | 89020 |
| community alternative funding system. | 89021 |
| * Section 206.66.36. ASSISTED LIVING MEDICAID WAIVER PROGRAM | 89022 |
| (A) As used in this section, "Assisted Living Program" has | 89023 |
| the same meaning as in section 5111.89 of the Revised Code. | 89024 |
| (B) After the Department of Job and Family Services enters | 89025 |
| into a contract with the Department of Aging under section 5111.91 | 89026 |
| of the Revised Code for the Department of Aging to administer the | 89027 |
| Assisted Living Program, the Director of Job and Family Services | 89028 |
| shall quarterly certify to the Director of Budget and Management | 89029 |
| the estimated costs of the Assisted Living Program for the | 89030 |
| upcoming quarter. The estimate shall include the state and federal | 89031 |
| share of the costs. On receipt of the certified estimated costs | 89032 |
| for an upcoming quarter, the Director of Budget and Management | 89033 |
| shall do all of the following: | 89034 |
| (1) Transfer the state share of the amount of the estimated | 89035 |
| costs from GRF appropriation item 600-525, Health Care/Medicaid, | 89036 |
| to GRF appropriation item 490-422, Assisted Living; | 89037 |
| (2) Transfer the federal share of the amount of the estimated | 89038 |
| costs from GRF appropriation item 600-525, Health Care/Medicaid, | 89039 |
| to Fund 3C4, appropriation item 490-622, Assisted Living - | 89040 |
| Federal; | 89041 |
| (3) Increase the appropriation in JFS Fund 3G5, appropriation | 89042 |
| item 600-655, Interagency Reimbursement, by the federal share of | 89043 |
| the amount of the estimated costs. | 89044 |
| (C) The funds that the Director of Budget and Management | 89045 |
| transfers and increases under this section are hereby | 89046 |
| appropriated. | 89047 |
| * Section 206.66.37. Section 206.66.36 of this act takes | 89048 |
| effect October 1, 2005. | 89049 |
| Section 206.66.38. MEDICAID VOUCHER PILOT PROGRAM | 89050 |
| Each quarter, the Department of Aging shall certify to the | 89051 |
| Director of Budget and Management the estimated costs of the | 89052 |
| Medicaid voucher pilot program for the individuals enrolled | 89053 |
| pursuant to section 5111.971 of the Revised Code. | 89054 |
| On a quarterly basis, on receipt of the certified costs, the | 89055 |
| Director of Budget and Management shall do all of the following: | 89056 |
| (1) Transfer the state share of the amount of the estimated | 89057 |
| costs from the GRF appropriation item 600-525, Health | 89058 |
| Care/Medicaid, to GRF appropriation item 490-403, PASSPORT, for | 89059 |
| the remainder of the biennium; | 89060 |
| (2) Increase the appropriation in Department of Aging Fund | 89061 |
| 3C4, appropriation item 490-607, PASSPORT, by the federal share of | 89062 |
| the amount of the estimated costs; | 89063 |
| (3) Reduce the federal share of GRF appropriation item | 89064 |
| 600-525, Health Care/Medicaid, by the federal share of the amount | 89065 |
| of the estimated costs; | 89066 |
| (4) Increase the appropriation in Department of Job and | 89067 |
| Family Services Fund 3G5, appropriation item 600-655, Interagency | 89068 |
| Reimbursement, by the federal share of the amount of the estimated | 89069 |
| costs. | 89070 |
| The funds that the Director of Budget and Management | 89071 |
| transfers and increases under this section are hereby | 89072 |
| appropriated. | 89073 |
| Section 206.66.39. MEDICAID ELIGIBILITY REDUCTIONS | 89074 |
| The Director of Job and Family Services shall, not later than | 89075 |
| ninety days after the effective date of this section, submit to | 89076 |
| the United States Secretary of Health and Human Services an | 89077 |
| amendment to the state Medicaid plan to reduce to ninety per cent | 89078 |
| of the federal poverty guidelines the amount specified in division | 89079 |
| (A)(2) of section 5111.019 of the Revised Code as it existed | 89080 |
| immediately prior to the amendment made by this act. The reduction | 89081 |
| shall be implemented not earlier than ninety days after the | 89082 |
| effective date of this section and not later than the effective | 89083 |
| date of federal approval. | 89084 |
| Section 206.66.42. TERMINATION OF THE DISABILITY MEDICAL | 89085 |
| ASSISTANCE PROGRAM | 89086 |
| (A) The Department of Job and Family Services shall terminate | 89087 |
| the Disability Medical Assistance Program effective October 1, | 89088 |
| 2005. All rules, standards, guidelines, or orders adopted or | 89089 |
| issued by the Director of Job and Family Services to govern the | 89090 |
| Disability Medical Assistance Program before its termination shall | 89091 |
| remain in effect on and after October 1, 2005, for the following | 89092 |
| purposes: | 89093 |
| (1) To establish the legal obligations of the Department for | 89094 |
| claims arising from the Program; | 89095 |
| (2) To determine an individual's previous eligibility for the | 89096 |
| Program; | 89097 |
| (3) To determine the validity of a claim for services under | 89098 |
| the Program; | 89099 |
| (4) To recover erroneous payments, as defined in section | 89100 |
| 5115.23 of the Revised Code, made before October 1, 2005. | 89101 |
| (B) The Department may use funds appropriated to it to | 89102 |
| satisfy Program claims or contingent claims existing before | 89103 |
| October 1, 2005. The Department shall not pay claims for services | 89104 |
| rendered on or after October 1, 2005. | 89105 |
| (C) The Department shall pay a claim for services rendered by | 89106 |
| a medical provider to a Disability Medical Assistance Program | 89107 |
| recipient before October 1, 2005, only if the claim is received by | 89108 |
| the Department not later than April 1, 2006. | 89109 |
| (D) A judge or other person designated to make a decision in | 89110 |
| a state hearing, administrative appeal, or judicial proceeding | 89111 |
| initiated under section 5101.35 of the Revised Code may adjudicate | 89112 |
| an appeal of a determination made by the Department under the | 89113 |
| Program before October 1, 2005. No person may adjudicate an appeal | 89114 |
| of a determination made by the Department under the Program on or | 89115 |
| after October 1, 2005. | 89116 |
| (E) Notwithstanding the termination of the Disability Medical | 89117 |
| Assistance Program, the following remain effective on and after | 89118 |
| October 1, 2005: | 89119 |
| (1) As described in section 5101.58 of the Revised Code, the | 89120 |
| Department's and a county's right of recovery against the | 89121 |
| liability of a third party for the cost of medical services and | 89122 |
| care; | 89123 |
| (2) As described in section 5101.59 of the Revised Code, the | 89124 |
| assignment of a Program recipient's right to medical support made | 89125 |
| by court or administrative order or payments from a third party. | 89126 |
| (F) The Department may take reasonable steps to inform | 89127 |
| Program recipients about the termination of the Program. A county | 89128 |
| department of job and family services shall take action with | 89129 |
| respect to these activities when requested by the Department. | 89130 |
| (G) An action taken under division (F) of this section shall | 89131 |
| not be the basis for requiring the Department to extend the | 89132 |
| Program or to approve or extend a person's eligibility for the | 89133 |
| Program on or after October 1, 2005. | 89134 |
| (H) The Director may adopt rules in accordance with section | 89135 |
| 111.15 of the Revised Code to implement this section. | 89136 |
| Section 206.66.44. MEDICAID COVERAGE OF DENTAL SERVICES | 89137 |
| For fiscal years 2006 and 2007, the Medicaid program shall do | 89138 |
| the following: | 89139 |
| (A) For Medicaid recipients under twenty-one years of age, | 89140 |
| the Medicaid program shall cover dental services. This section | 89141 |
| does not limit the ability of the Department of Job and Family | 89142 |
| Services to adopt, amend, or rescind rules applicable to dental | 89143 |
| services, including rules that limit or reduce covered services, | 89144 |
| reduce reimbursement levels, or subject covered services to | 89145 |
| co-payments. | 89146 |
| (B) For Medicaid recipients twenty-one years of age or older, | 89147 |
| the Medicaid program shall cover dental services in an amount, | 89148 |
| duration, and scope specified in rules that the Director of Job | 89149 |
| and Family Services shall adopt under section 5111.02 of the | 89150 |
| Revised Code but shall be less in amount, duration, and scope than | 89151 |
| the Medicaid program covered those services immediately before the | 89152 |
| effective date of this amendment. | 89153 |
| Section 206.66.45. MEDICAID COVERAGE OF VISION SERVICES | 89154 |
| For fiscal years 2006 and 2007, the Medicaid program shall | 89155 |
| cover vision services. This section does not limit the ability of | 89156 |
| the Department of Job and Family Services to adopt, amend, or | 89157 |
| rescind rules applicable to vision services, including rules that | 89158 |
| limit or reduce covered services, reduce reimbursement levels, or | 89159 |
| subject covered services to copayments. | 89160 |
| Section 206.66.46. DISABILITY DETERMINATIONS | 89161 |
| (A) A study shall be conducted by the state and local | 89162 |
| government entities actively engaged in providing programs or | 89163 |
| services for which disability is an eligibility requirement, | 89164 |
| including the Department of Job and Family Services, county | 89165 |
| departments of job and family services, and Rehabilitation | 89166 |
| Services Commission. The study shall consider all of the | 89167 |
| following: | 89168 |
| (1) The feasibility of an interagency agreement among the | 89169 |
| state and local government entities actively engaged in providing | 89170 |
| programs or services for which disability is an eligibility | 89171 |
| requirement, including the Department of Job and Family Services, | 89172 |
| county departments of job and family services, and the | 89173 |
| Rehabilitation Services Commission whereby one of these state or | 89174 |
| local government entities would perform disability determinations | 89175 |
| for all programs and services provided by a state or local | 89176 |
| government entity in which disability is an eligibility | 89177 |
| requirement; | 89178 |
| (2) Which of the state and local government entities engaged | 89179 |
| in providing programs or services for which disability is an | 89180 |
| eligibility requirement should perform disability determinations | 89181 |
| under an interagency agreement described in division (A)(1) of | 89182 |
| this section. | 89183 |
| (3) Potential cost-savings and other advantages, as well as | 89184 |
| any potential disadvantages, that might result from the | 89185 |
| interagency agreement; | 89186 |
| (4) Processes by which the interagency agreement could be | 89187 |
| implemented, including an estimate of the approximate time needed | 89188 |
| to implement it. | 89189 |
| (B) Not later than six months after the effective date of | 89190 |
| this section, a written report of the results of the study results | 89191 |
| shall be prepared and submitted to the Speaker of the House of | 89192 |
| Representatives and the President of the Senate. | 89193 |
| Section 206.66.47. HEALTH CARE/MEDICAID | 89194 |
| The foregoing appropriation item 600-525, Health | 89195 |
| Care/Medicaid, shall not be limited by section 131.33 of the | 89196 |
| Revised Code. | 89197 |
| Section 206.66.48. STATE MEDICAID PLAN AMENDMENT REGARDING | 89198 |
| ESTATE RECOVERY | 89199 |
| The Director of Job and Family Services shall submit a state | 89200 |
| Medicaid plan amendment to the United States Secretary of Health | 89201 |
| and Human Services as necessary for the implementation of the | 89202 |
| amendments by this act to sections 5111.11 and 5111.111 of the | 89203 |
| Revised Code. | 89204 |
| Section 206.66.49. SINGLE AUDIT OF MEDICAID DURING FY 2006 | 89205 |
| AND 2007 | 89206 |
| The auditor of state may, during fiscal years 2006 and 2007, | 89207 |
| conduct a single performance audit of the medicaid program, as | 89208 |
| defined in section 5111.01 of the Revised Code, to determine ways | 89209 |
| of reducing or eliminating fraud, waste, and abuse in the program, | 89210 |
| making the program more efficient, and enhancing the program's | 89211 |
| results. An audit conducted under this section shall be conducted | 89212 |
| in accordance with generally accepted government auditing | 89213 |
| standards. Expenses incurred by the Auditor of State to conduct | 89214 |
| the performance audit shall be reimbursed by the Department of Job | 89215 |
| and Family Services. | 89216 |
| Section 206.66.51. MEDICAID PAYMENT FOR GRADUATE MEDICAL | 89217 |
| EDUCATION COSTS | 89218 |
| The Director of Job and Family Service may submit to the | 89219 |
| United States Secretary of Health and Human Services an amendment | 89220 |
| to the state Medicaid plan to implement section 5111.191 of the | 89221 |
| Revised Code. The Department may implement that section upon the | 89222 |
| Secretary's approval of the amendment. | 89223 |
| MEDICARE PART D | 89224 |
| The foregoing appropriation item 600-526, Medicare Part D, | 89225 |
| may be used by the Department of Job and Family Services for the | 89226 |
| implementation and operation of the Medicare Part D requirements | 89227 |
| contained in the "Medicare Prescription Drug, Improvement, and | 89228 |
| Modernization Act of 2003," Pub. L. No. 108-173, as amended. Upon | 89229 |
| the request of the Department of Job and Family Services, the | 89230 |
| Director of Budget and Management may increase the state share of | 89231 |
| appropriations in either appropriation item 600-525, Health | 89232 |
| Care/Medicaid, or appropriation item 600-526, Medicare Part D, | 89233 |
| with a corresponding decrease in the state share of the other | 89234 |
| appropriation item to allow the Department of Job and Family | 89235 |
| Services to implement and operate the new Medicare Part D | 89236 |
| requirements. If the state share of appropriation item 600-525, | 89237 |
| Health Care/Medicaid, is adjusted, the Director of Budget and | 89238 |
| Management shall adjust the federal share accordingly. | 89239 |
| Section 206.66.52. MEDICAID ADMINISTRATIVE STUDY COUNCIL | 89240 |
| (A) There is hereby created the Medicaid Administrative Study | 89241 |
| Council to make recommendations as to the most effective | 89242 |
| organization of all executive agencies that administer services | 89243 |
| under Ohio's Medicaid program. The Council shall be composed of | 89244 |
| the following: | 89245 |
| (1) The Director of Job and Family Services or the Director's | 89246 |
| designee; | 89247 |
| (2) The Director of Aging or the Director's designee; | 89248 |
| (3) The Director of Drug and Alcohol Addiction Services or | 89249 |
| the Director's designee; | 89250 |
| (4) The Director of Health or the Director's designee; | 89251 |
| (5) The Director of Mental Health or the Director's designee; | 89252 |
| (6) The Director of Mental Retardation and Developmental | 89253 |
| Disabilities or the Director's designee; | 89254 |
| (7) The Director of Budget and Management or the Director's | 89255 |
| designee; | 89256 |
| (8) The State Chief Information Officer or the Officer's | 89257 |
| designee; | 89258 |
| (9) An individual appointed by the Speaker of the House of | 89259 |
| Representatives; | 89260 |
| (10) An individual appointed by the President of the Senate; | 89261 |
| (11) A representative of the Governor, appointed by the | 89262 |
| Governor. | 89263 |
| The Governor shall appoint a member of the Council to serve | 89264 |
| as the chairperson of the Council. | 89265 |
| (B) The Council shall make recommendations regarding all of | 89266 |
| the following: | 89267 |
| (1) The optimal administrative structure for the | 89268 |
| administration of the Medicaid program, including recommendations | 89269 |
| on whether the fiscal and operational objectives of the Medicaid | 89270 |
| program would be best achieved through creation of a new | 89271 |
| department, utilization of existing executive agencies, or some | 89272 |
| other administrative structure. The Council shall include in its | 89273 |
| considerations of an optimal administrative structure the role of | 89274 |
| local government entities that administer Medicaid services in | 89275 |
| such a structure. | 89276 |
| (2) A centralized financing function to coordinate the | 89277 |
| activities of all executive agencies that deliver Medicaid | 89278 |
| services; | 89279 |
| (3) If the recommendations of division (B)(1) of this section | 89280 |
| include the future creation of a Medicaid department, | 89281 |
| recommendations regarding all of the following: | 89282 |
| (a) The scope and structure of the department; | 89283 |
| (b) A business plan to direct the transition of the Medicaid | 89284 |
| program from the Department of Job and Family Services and other | 89285 |
| executive agencies to the new department including a plan to | 89286 |
| address the fiscal and operational impact of the transition; | 89287 |
| (c) Resources required to implement the business plan | 89288 |
| described in division (B)(3)(b) of this section. | 89289 |
| (C) In developing the recommendations specified in division | 89291 |
| (B) of this section, the Council shall consider the following: | 89292 |
| (1) The fiscal and operational impact on county departments | 89293 |
| of job and family services and other local government entities | 89294 |
| that perform Medicaid administrative functions; | 89295 |
| (2) The fiscal and operational impact on the remaining duties | 89296 |
| and functions of the Department of Job and Family Services and | 89297 |
| other state agencies; | 89298 |
| (3) The recommendations of the Ohio Commission to Reform | 89299 |
| Medicaid. | 89300 |
| (D) The Council may study the feasibility of developing a | 89301 |
| plan to create a unified long-term care budget managed across all | 89302 |
| state and local agencies and service settings, as recommended by | 89303 |
| the Ohio Commission to Reform Medicaid. The plan shall designate | 89304 |
| the Department of Aging as the state agency responsible for the | 89305 |
| unified budget. The plan shall require the Director of Aging, in | 89306 |
| consultation with the Director of Job and Family Services, to | 89307 |
| designate a unified long-term care budget officer to manage the | 89308 |
| unified budget. | 89309 |
| (E) By not later than July 1, 2006, the Council shall submit | 89310 |
| to the Governor a written report of the Council's recommendations. | 89311 |
| (F) The Department of Job and Family Services may provide | 89312 |
| staff support and up to $500,000 for contractual services and | 89313 |
| other resources necessary for the Medicaid Administrative Study | 89314 |
| Council to develop the recommendations set forth in division (B) | 89315 |
| of this section. | 89316 |
| Section 206.66.57. ODJFS FUNDS | 89317 |
| AGENCY FUND GROUP | 89318 |
| The Agency Fund Group and Holding Account Redistribution Fund | 89319 |
| Group shall be used to hold revenues until the appropriate fund is | 89320 |
| determined or until the revenues are directed to the appropriate | 89321 |
| governmental agency other than the Department of Job and Family | 89322 |
| Services. If it is determined that additional appropriation | 89323 |
| authority is necessary, such amounts are hereby appropriated. | 89324 |
| Section 206.66.60. EMPLOYER SURCHARGE | 89325 |
| The surcharge and the interest on the surcharge amounts due | 89326 |
| for calendar years 1988, 1989, and 1990 as required by Am. Sub. | 89327 |
| H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the | 89328 |
| 118th General Assembly, and section 4141.251 of the Revised Code | 89329 |
| as it existed prior to its repeal by Sub. H.B. 478 of the 122nd | 89330 |
| General Assembly, again shall be assessed and collected by, | 89331 |
| accounted for, and made available to the Department of Job and | 89332 |
| Family Services in the same manner as set forth in section | 89333 |
| 4141.251 of the Revised Code as it existed prior to its repeal by | 89334 |
| Sub. H.B. 478 of the 122nd General Assembly, notwithstanding the | 89335 |
| repeal of the surcharge for calendar years after 1990, pursuant to | 89336 |
| Sub. H.B. 478 of the 122nd General Assembly, except that amounts | 89337 |
| received by the Director on or after July 1, 2001, shall be | 89338 |
| deposited into the Unemployment Compensation Special | 89339 |
| Administrative Fund (Fund 4A9) established pursuant to section | 89340 |
| 4141.11 of the Revised Code. | 89341 |
| Section 206.66.63. TRANSFER OF FUNDS TO THE DEPARTMENT OF | 89342 |
| AGING | 89343 |
| The Department of Job and Family Services shall transfer, | 89344 |
| through intrastate transfer vouchers, cash from Fund 4J5, Home and | 89345 |
| Community-Based Services for the Aged, to Fund 4J4, PASSPORT, in | 89346 |
| the Department of Aging. The sum of the transfers shall be | 89347 |
| $33,268,052 in fiscal year 2006 and $33,263,984 in fiscal year | 89348 |
| 2007. The transfer may occur on a quarterly basis or on a schedule | 89349 |
| developed and agreed to by both departments. | 89350 |
| Section 206.66.64. INDIVIDUALS MOVED FROM NURSING FACILITIES | 89351 |
| TO PASSPORT | 89352 |
| (A) As used in this section: | 89353 |
| (1) "Area agency on aging" has the same meaning as in section | 89354 |
| 173.14 of the Revised Code. | 89355 |
| (2) "Long-Term Care Consultation Program" means the program | 89356 |
| the Department of Aging is required to develop under section | 89357 |
| 173.42 of the Revised Code. | 89358 |
| (3) "Long-Term Care Consultation Program administrator" or | 89359 |
| "administrator" means the Department of Aging or, if the | 89360 |
| Department contracts with an area agency on aging or other entity | 89361 |
| to administer the Long-Term Care Consultation Program for a | 89362 |
| particular area, that agency or entity. | 89363 |
| (4) "Nursing facility" has the same meaning as in section | 89364 |
| 5111.20 of the Revised Code. | 89365 |
| (5) "PASSPORT program" means the program created under | 89366 |
| section 173.40 of the Revised Code. | 89367 |
| (B) Each month during fiscal years 2006 and 2007, each area | 89368 |
| agency on aging shall determine whether individuals who reside in | 89369 |
| the area that the area agency on aging serves and are on a waiting | 89370 |
| list for the PASSPORT program have been admitted to a nursing | 89371 |
| facility. If an area agency on aging determines that such an | 89372 |
| individual has been admitted to a nursing facility, the agency | 89373 |
| shall notify the Long-Term Care Consultation Program administrator | 89374 |
| serving the area in which the individual resides about the | 89375 |
| determination. The administrator shall determine whether the | 89376 |
| PASSPORT program is appropriate for the individual and whether the | 89377 |
| individual would rather participate in the PASSPORT program than | 89378 |
| continue residing in the nursing facility. If the administrator | 89379 |
| determines that the PASSPORT program is appropriate for the | 89380 |
| individual and the individual would rather participate in the | 89381 |
| PASSPORT program than continue residing in the nursing facility, | 89382 |
| the administrator shall so notify the Department of Aging. On | 89383 |
| receipt of the notice from the administrator, the Department of | 89384 |
| Aging shall approve the enrollment of the individual in the | 89385 |
| PASSPORT program regardless of whether other individuals who are | 89386 |
| not in a nursing facility are ahead of the individual on the | 89387 |
| PASSPORT program's waiting list. Each quarter, the Department of | 89388 |
| Aging shall certify to the Director of Budget and Management the | 89389 |
| estimated increase in costs of the PASSPORT program for the | 89390 |
| individuals enrolled in the PASSPORT program pursuant to this | 89391 |
| section. | 89392 |
| (C) On a quarterly basis, on receipt of the certified costs, | 89393 |
| the Director of Budget and Management shall do all of the | 89394 |
| following: | 89395 |
| (1) Transfer the state share of the amount of the estimated | 89396 |
| costs from GRF appropriation item 450-525, Health Care/Medicaid, | 89397 |
| to GRF appropriation item 490-403, PASSPORT, for the remainder of | 89398 |
| the biennium; | 89399 |
| (2) Increase the appropriation in Ohio Department of Aging | 89400 |
| Fund 3C4, appropriation item 490-607, PASSPORT, by the federal | 89401 |
| share of the amount of the estimated costs; | 89402 |
| (3) Increase the appropriation in JFS Fund 3G5, appropriation | 89403 |
| item 600-655, Interagency Reimbursement, by the federal share of | 89404 |
| the amount of the estimated costs. | 89405 |
| The funds that the Director of Budget and Management | 89406 |
| transfers and increases under this division are hereby | 89407 |
| appropriated. | 89408 |
| (D) The individuals placed in the PASSPORT program pursuant | 89409 |
| to this section shall be in addition to the individuals placed in | 89410 |
| the PASSPORT program during fiscal years 2006 and 2007 based on | 89411 |
| the amount of money that is in GRF appropriation item 490-403, | 89412 |
| PASSPORT; Fund 4J4, appropriation item 490-610, | 89413 |
| PASSPORT/Residential State Supplement; Fund 4U9, appropriation | 89414 |
| item 490-602, PASSPORT Fund; and Fund 3C4, appropriation item | 89415 |
| 490-607, PASSPORT, before any transfers to GRF appropriation item | 89416 |
| 490-403, PASSPORT, and Fund 3C4, appropriation item 490-607, | 89417 |
| PASSPORT, are made under this section. | 89418 |
| (E) The Director of Job and Family Services shall submit to | 89419 |
| the United States Secretary of Health and Human Services an | 89420 |
| amendment to the Medicaid waiver authorizing the PASSPORT program | 89421 |
| as necessary for the implementation of this section. | 89422 |
| Section 206.66.66. OHIO ACCESS SUCCESS PROJECT | 89423 |
| Notwithstanding any limitations in sections 3721.51 and | 89424 |
| 3721.56 of the Revised Code, in each fiscal year, cash from Fund | 89425 |
| 4J5, Home and Community-Based Services for the Aged, in excess of | 89426 |
| the amounts needed for the transfers may be used by the Department | 89427 |
| of Job and Family Services for the following purposes: (A) up to | 89428 |
| $1.0 million in each fiscal year to fund the state share of audits | 89429 |
| of Medicaid cost reports filed with the Department of Job and | 89430 |
| Family Services by nursing facilities and intermediate care | 89431 |
| facilities for the mentally retarded; and (B) up to $350,000 in | 89432 |
| fiscal year 2006 and up to $350,000 in fiscal year 2007 to provide | 89433 |
| one-time transitional benefits under the Ohio Access Success | 89434 |
| Project that the Director of Job and Family Services may establish | 89435 |
| under section 5111.88 of the Revised Code. | 89436 |
| Section 206.66.69. OHIO ASSOCIATION OF SECOND HARVEST FOOD | 89437 |
| BANKS | 89438 |
| As used in this section, "federal poverty guidelines" has the | 89439 |
| same meaning as in section 5101.46 of the Revised Code. | 89440 |
| Notwithstanding section 5101.46 of the Revised Code, and | 89441 |
| prior to making any allocation to county departments of job and | 89442 |
| family services, the Department of Job and Family Services shall | 89443 |
| provide $5,500,000 in each fiscal year from the foregoing | 89444 |
| appropriation item 600-620, Social Services Block Grant, for use | 89445 |
| in funding a grant agreement with the Ohio Association of Second | 89446 |
| Harvest Food Banks. The Department shall enter into a grant | 89447 |
| agreement with the Ohio Association of Second Harvest Food Banks | 89448 |
| to reimburse it for costs incurred in the purchase of food | 89449 |
| products and the distribution of those food products to agencies | 89450 |
| participating in the emergency food distribution program. | 89451 |
| Notwithstanding section 5101.46 of the Revised Code, the grant may | 89452 |
| permit the Ohio Association of Second Harvest Food Banks to use up | 89453 |
| to 5 per cent of the annual funding for administrative costs. The | 89454 |
| Department may advance funds to the grantee under section 5101.10 | 89455 |
| of the Revised Code. | 89456 |
| Prior to entering into the grant agreement, the Ohio | 89457 |
| Association of Second Harvest Food Banks shall submit to the | 89458 |
| Department for approval a plan for the distribution of the food | 89459 |
| products to local food distribution agencies. If the plan meets | 89460 |
| the requirements and conditions established by the Department, the | 89461 |
| plan shall be incorporated into the grant agreement. The grant | 89462 |
| agreement shall also require the Ohio Association of Second | 89463 |
| Harvest Food Banks to ensure that local agencies will limit | 89464 |
| participation of individuals and families who receive any of the | 89465 |
| food products purchased with these funds to those who have an | 89466 |
| income at or below 200 per cent of the federal poverty guidelines. | 89467 |
| The Department and the Ohio Association of Second Harvest Food | 89468 |
| Banks shall agree on reporting requirements to be incorporated | 89469 |
| into the grant agreement, including a statement of expected | 89470 |
| performance outcomes from the Ohio Association of Second Harvest | 89471 |
| Food Banks and a requirement for their evaluation of their success | 89472 |
| in achieving those outcomes. | 89473 |
| Section 206.66.72. TRANSFER OF FUNDS TO THE DEPARTMENT OF | 89474 |
| MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES | 89475 |
| The Department of Job and Family Services shall transfer, | 89476 |
| through intrastate transfer vouchers, cash from Fund 4K1, ICF/MR | 89477 |
| Bed Assessments, to Fund 4K8, Home and Community-Based Services, | 89478 |
| in the Department of Mental Retardation and Developmental | 89479 |
| Disabilities. The amount transferred shall equal $12,000,000 in | 89480 |
| fiscal year 2006 and $12,000,000 in fiscal year 2007. The transfer | 89481 |
| may occur on a quarterly basis or on a schedule developed and | 89482 |
| agreed to by both departments. | 89483 |
| Section 206.66.75. FUNDING FOR HABILITATIVE SERVICES | 89484 |
| Notwithstanding any limitations contained in sections 5112.31 | 89485 |
| and 5112.37 of the Revised Code, in each fiscal year, cash from | 89486 |
| Fund 4K1, ICF/MR Bed Assessments, in excess of the amounts needed | 89487 |
| for transfers to Fund 4K8, Home and Community-Based Services, in | 89488 |
| the Department of Mental Retardation and Developmental | 89489 |
| Disabilities, may be used by the Department of Job and Family | 89490 |
| Services to cover costs of care provided to participants in a | 89491 |
| waiver with an ICF/MR level of care requirement administered by | 89492 |
| the Department of Job and Family Services. | 89493 |
| Section 206.66.78. COMMUNITY ALTERNATIVE FUNDING SYSTEM | 89494 |
| (A) As used in this section, "habilitation center services" | 89495 |
| has the same meaning as in former section 5111.041 of the Revised | 89496 |
| Code as that section existed on June 30, 2005. | 89497 |
| (B) The Director of Job and Family Services may adopt rules | 89498 |
| under section 111.15 of the Revised Code as necessary to terminate | 89499 |
| the community alternative funding system on July 1, 2005. | 89500 |
| (C) The Department of Job and Family Services may inform | 89501 |
| individuals who received habilitation center services under the | 89502 |
| community alternative funding system on June 30, 2005, and such | 89503 |
| individuals' representatives about alternative services that may | 89504 |
| be available for the individuals. The Department may require | 89505 |
| county departments of job and family services to provide such | 89506 |
| information to the individuals and their representatives. | 89507 |
| (D) Habilitation center services provided before July 1, | 89508 |
| 2005, are subject to the laws, rules, standards, guidelines, and | 89509 |
| orders regarding habilitation center services that were in effect | 89510 |
| at the time the services were provided. This includes such laws, | 89511 |
| rules, standards, guidelines, and orders regarding the | 89512 |
| responsibility for the nonfederal share of the services, the fee | 89513 |
| assessed under division (D) of section 5123.041 of the Revised | 89514 |
| Code as that section existed on the day the services were | 89515 |
| provided, cost reports, audits, and the recovery of erroneous | 89516 |
| payments. | 89517 |
| (E) The Department of Job and Family Services may use funds | 89518 |
| appropriated to the Department for the purpose of habilitation | 89519 |
| center services to satisfy a claim or contingent claim for | 89520 |
| habilitation center services provided before July 1, 2005, if the | 89521 |
| Department receives the claim or contingent claim before July 1, | 89522 |
| 2006. The Department has no liability to satisfy either of the | 89523 |
| following: | 89524 |
| (1) A claim for habilitation center services provided before | 89525 |
| July 1, 2005, if the Department receives the claim on or after | 89526 |
| July 1, 2006. | 89527 |
| (2) A claim for habilitation center services provided on or | 89528 |
| after July 1, 2005. | 89529 |
| (F) To the extent authorized by section 5101.35 of the | 89530 |
| Revised Code, an individual may initiate or continue a state | 89531 |
| hearing, administrative appeal, or appeal to a court of common | 89532 |
| pleas regarding a decision or order concerning habilitation center | 89533 |
| services that were available before July 1, 2005. A decision | 89534 |
| resulting from a state hearing, administrative appeal, or appeal | 89535 |
| to a court of common pleas may not extend an individual's | 89536 |
| eligibility for habilitation center services beyond June 30, 2005. | 89537 |
| No individual may utilize section 5101.35 of the Revised Code to | 89538 |
| contest the July 1, 2005, termination of the community alternative | 89539 |
| funding system. | 89540 |
| (G) Neither of the following are abrogated by the termination | 89541 |
| of the community alternative funding system: | 89542 |
| (1) The right of recovery given to the Department of Job and | 89543 |
| Family Services or a county department of job and family services | 89544 |
| under section 5101.58 of the Revised Code for habilitation center | 89545 |
| services provided before July 1, 2005. | 89546 |
| (2) The right to medical support or payments from a third | 89547 |
| party that is assigned to the Department under section 5101.59 of | 89548 |
| the Revised Code for habilitation center services provided before | 89549 |
| July 1, 2005. | 89550 |
| Section 206.66.79. CHILDREN'S HOSPITALS | 89551 |
| The foregoing appropriation items 600-635, Children's | 89552 |
| Hospitals – Federal, and 600-636, Children's Hospitals – State, | 89553 |
| shall be used by the Department of Job and Family Services to | 89554 |
| create a program under which it makes supplemental Medicaid | 89555 |
| payments to children's hospitals for inpatient services based on | 89556 |
| federal upper payment limits for children's hospitals. The | 89557 |
| Department shall submit to the United States Secretary of Health | 89558 |
| and Human Services an amendment to the State Medicaid Plan for the | 89559 |
| purpose of requesting federal approval to implement the program. | 89560 |
| On receipt of federal approval, the Department shall implement the | 89561 |
| program. Under the program, the Department shall pay children's | 89562 |
| hospitals the federally allowable supplemental payment for | 89563 |
| hospital discharges qualifying for the program and occurring in | 89564 |
| fiscal year 2006 and fiscal year 2007, except that the amount used | 89565 |
| for the program shall not exceed $6 million (state share) plus the | 89566 |
| corresponding federal match, if available, for the qualifying | 89567 |
| discharges in fiscal year 2006 and fiscal year 2007. | 89568 |
| Section 206.66.84. CHILDREN'S TRUST FUND | 89569 |
| Notwithstanding sections 3109.13 to 3109.18 of the Revised | 89570 |
| Code, in fiscal year 2006, the Director of Budget and Management | 89571 |
| shall transfer $1,500,000 cash from the Children's Trust Fund | 89572 |
| (Fund 198 in the Department of Job and Family Services) to the | 89573 |
| Partnerships for Success Fund (Fund 5BH in the Department of Youth | 89574 |
| Services). On or before January 1, 2007, the Director of Budget | 89575 |
| and Management shall transfer to the Children's Trust Fund (Fund | 89576 |
| 198) any amount of cash that remains unspent in the Partnerships | 89577 |
| for Success Fund (Fund 5BH). | 89578 |
| Section 206.66.85. HOSPITAL CARE ASSURANCE MATCH FUND | 89579 |
| Appropriation item 600-650, Hospital Care Assurance Match, | 89580 |
| shall be used by the Department of Job and Family Services in | 89581 |
| accordance with division (B) of section 5112.18 of the Revised | 89582 |
| Code. | 89583 |
| Section 206.66.87. HEALTH CARE SERVICES ADMINISTRATION | 89584 |
| The foregoing appropriation item 600-654, Health Care | 89585 |
| Services Administration, shall be used by the Department of Job | 89586 |
| and Family Services for costs associated with the administration | 89587 |
| of the Medicaid program. | 89588 |
| Section 206.66.90. HEALTH CARE SERVICES ADMINISTRATION FUND | 89589 |
| Of the amount received by the Department of Job and Family | 89590 |
| Services during fiscal year 2006 and fiscal year 2007 from the | 89591 |
| first installment of assessments paid under section 5112.06 of the | 89592 |
| Revised Code and intergovernmental transfers made under section | 89593 |
| 5112.07 of the Revised Code, the Director of Job and Family | 89594 |
| Services shall deposit $350,000 in each fiscal year into the state | 89595 |
| treasury to the credit of the Health Care Services Administration | 89596 |
| Fund (Fund 5U3). | 89597 |
| Section 206.66.91. The Department of Job and Family Services | 89598 |
| shall retain $1,820,000 of the federal incentives that are | 89599 |
| described in division (A) of section 3125.19 of the Revised Code | 89600 |
| and authorized by 42 U.S.C. 658a that the Department of Job and | 89601 |
| Family Services receives from the United States Department of | 89602 |
| Human Services to reimburse the Department of Job and Family | 89603 |
| Services for the state share of payments made by the Department of | 89604 |
| Job and Family Services for mandatory contracts utilized by county | 89605 |
| child support enforcement agencies in the program of child support | 89606 |
| enforcement authorized by sections 3125.03 and 3125.11 of the | 89607 |
| Revised Code. This revenue shall be deposited in the Child Support | 89608 |
| Operating Fund 5BE in the Department of job and Family Services). | 89609 |
| Section 206.66.92. Based on the actual usage of optional | 89610 |
| contracts by each county, the Department of Job and Family | 89611 |
| Services shall retain a portion of the federal incentives | 89612 |
| described in division (A) of section 3125.19 of the Revised Code | 89613 |
| and authorized by 42 U.S.C. 658a that the Department of Job and | 89614 |
| Family Services receives from the United States Department of | 89615 |
| Human Services that are paid to the county child support | 89616 |
| enforcement agencies each month based on the Department's estimate | 89617 |
| of what the county child support enforcement agency will earn in | 89618 |
| federal incentives. The portion retained by the Department of Job | 89619 |
| and Family Services shall reimburse the Department for the state | 89620 |
| share of the contractual obligation for the monthly utilization of | 89621 |
| optional contracts by each county child support enforcement agency | 89622 |
| in the program of child support enforcement authorized by sections | 89623 |
| 3125.03 and 3125.11 of the Revised Code. This revenue shall be | 89624 |
| deposited in the Child Support Operating Fund (Fund 5BE in the | 89625 |
| Department of Job and Family Services). | 89626 |
| Section 206.66.93. CHILD SUPPORT COLLECTIONS/TANF MOE | 89627 |
| The foregoing appropriation item 600-658, Child Support | 89628 |
| Collections, shall be used by the Department of Job and Family | 89629 |
| Services to meet the TANF maintenance of effort requirements of | 89630 |
| Pub. L. No. 104-193. Once the state is assured that it will meet | 89631 |
| the maintenance of effort requirement, the Department of Job and | 89632 |
| Family Services may use funds from appropriation item 600-658, | 89633 |
| Child Support Collections, to support public assistance | 89634 |
| activities. | 89635 |
| Section 206.66.96. MEDICAID PROGRAM SUPPORT FUND - STATE | 89636 |
| The foregoing appropriation item 600-671, Medicaid Program | 89637 |
| Support, shall be used by the Department of Job and Family | 89638 |
| Services to pay for Medicaid services and contracts. The | 89639 |
| Department may also deposit to Fund 5C9 revenues received from | 89640 |
| other state agencies for Medicaid services under the terms of | 89641 |
| interagency agreements between the Department and other state | 89642 |
| agencies, and all funds the Department recovers because the | 89643 |
| benefits a person received under the disability medical assistance | 89644 |
| program established in section 5115.10 of the Revised Code were | 89645 |
| determined to be covered by the medical assistance program | 89646 |
| established under Chapter 5111. of the Revised Code. | 89647 |
| Section 206.66.99. TRANSFERS OF IMD/DSH CASH TO THE | 89648 |
| DEPARTMENT OF MENTAL HEALTH | 89649 |
| The Department of Job and Family Services shall transfer, | 89650 |
| through intrastate transfer voucher, cash from Fund 5C9, Medicaid | 89651 |
| Program Support, to the Department of Mental Health's Fund 4X5, | 89652 |
| OhioCare, in accordance with an interagency agreement that | 89653 |
| delegates authority from the Department of Job and Family Services | 89654 |
| to the Department of Mental Health to administer specified | 89655 |
| Medicaid services. | 89656 |
| Section 206.67.03. FEDERAL UNEMPLOYMENT PROGRAMS | 89657 |
| All unexpended funds remaining at the end of fiscal year 2005 | 89658 |
| that were appropriated and made available to the state under | 89659 |
| section 903(d) of the Social Security Act, as amended, in the | 89660 |
| foregoing appropriation item 600-678, Federal Unemployment | 89661 |
| Programs (Fund 3V4), are hereby appropriated to the Department of | 89662 |
| Job and Family Services. Upon the request of the Director of Job | 89663 |
| and Family Services, the Director of Budget and Management shall | 89664 |
| increase the appropriation for fiscal year 2006 by the amount | 89665 |
| remaining unspent from the fiscal year 2005 appropriation and | 89666 |
| shall increase the appropriation for fiscal year 2007 by the | 89667 |
| amount remaining unspent from the fiscal year 2006 appropriation. | 89668 |
| The appropriation shall be used under the direction of the | 89669 |
| Department of Job and Family Services to pay for administrative | 89670 |
| activities for the Unemployment Insurance Program, employment | 89671 |
| services, and other allowable expenditures under section 903(d) of | 89672 |
| the Social Security Act, as amended. | 89673 |
| The amounts obligated pursuant to this section shall not | 89674 |
| exceed at any time the amount by which the aggregate of the | 89675 |
| amounts transferred to the account of the state under section | 89676 |
| 903(d) of the Social Security Act, as amended, exceeds the | 89677 |
| aggregate of the amounts obligated for administration and paid out | 89678 |
| for benefits and required by law to be charged against the amounts | 89679 |
| transferred to the account of the state. | 89680 |
| Section 206.67.06. WORKFORCE DEVELOPMENT GRANT AGREEMENT | 89681 |
| The Department of Job and Family Services may use | 89682 |
| appropriations from appropriation item 600-688, Workforce | 89683 |
| Investment Act, to provide financial assistance for workforce | 89684 |
| development activities included in a grant agreement entered into | 89685 |
| by the department in accordance with section 5101.20 of the | 89686 |
| Revised Code. | 89687 |
| Section 206.67.07. ACCOUNTABILITY AND CREDIBILITY TOGETHER | 89688 |
| Of the foregoing appropriation item 600-689, TANF Block | 89689 |
| Grant, $1 million in each fiscal year shall be allocated to | 89690 |
| Accountability and Credibility Together (ACT) to continue its | 89691 |
| welfare diversion program for TANF eligible individuals. | 89692 |
| Section 206.67.08. KINSHIP PERMANENCY INCENTIVE PROGRAM | 89693 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 89694 |
| (Fund 3V6), $10 million per fiscal year shall be used to support | 89695 |
| the activities of the Kinship Permanency Incentive Program created | 89696 |
| under section 5101.802 of the Revised Code. | 89697 |
| The Department of Job and Family Services shall prepare | 89698 |
| reports concerning both of the following: | 89699 |
| (A) Stability and permanency outcomes for children for whom | 89700 |
| incentive payments are made under the Kinship Permanency Incentive | 89701 |
| Program; | 89702 |
| (B) The total amount of payments made under the Program, | 89703 |
| patterns of expenditures made per child under the Program, and | 89704 |
| cost savings realized through the Program from placement with | 89705 |
| kinship caregivers rather than other out-of-home placements. | 89706 |
| The Department shall submit a report to the Governor, the | 89707 |
| Speaker and Minority Leader of the House of Representatives, and | 89708 |
| the President and Minority Leader of the Senate not later than | 89709 |
| December 31, 2008, and December 31, 2010. | 89710 |
| Section 206.67.09. OHIO ALLIANCE OF BOYS AND GIRLS CLUBS | 89711 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 89712 |
| (Fund 3V6), the Department of Job and Family Services shall use | 89713 |
| $600,000 in each fiscal year to support expenditures of the Ohio | 89714 |
| Alliance of Boys and Girls Clubs to provide after-school programs | 89715 |
| that protect at-risk children and enable youth to become | 89716 |
| responsible adults. The Ohio Alliance of Boys and Girls Clubs | 89717 |
| shall provide nutritional meals, snacks, and educational, youth | 89718 |
| development, and career development services to TANF eligible | 89719 |
| children participating in programs and activities operated by | 89720 |
| eligible Boys and Girls Clubs. | 89721 |
| The Department shall provide an annual grant of $600,000 in | 89722 |
| each fiscal year to the Ohio Alliance of Boys and Girls Clubs. As | 89723 |
| soon as possible after entering into a grant agreement at the | 89724 |
| beginning of each fiscal year, the Department of Job and Family | 89725 |
| Services shall distribute the grant funds in one single payment. | 89726 |
| The Department of Job and Family Services and the Ohio Alliance of | 89727 |
| Boys and Girls Clubs shall agree on reporting requirements to be | 89728 |
| incorporated into the grant agreement. | 89729 |
| The Ohio Alliance of Boys and Girls Clubs shall return any | 89730 |
| fiscal year 2006 funds from this grant remaining unspent on June | 89731 |
| 30, 2006, to the Ohio Department of Job and Family Services not | 89732 |
| later than November 1, 2006. The Ohio Alliance of Boys and Girls | 89733 |
| Clubs shall return any fiscal year 2007 funds from this grant | 89734 |
| remaining unspent on June 30, 2007, to the Ohio Department of Job | 89735 |
| and Family Services not later than November 1, 2007. | 89736 |
| CHILD WELFARE TRAINING INITIATIVE | 89737 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 89738 |
| (Fund 3V6), $200,000 per fiscal year shall be provided to the | 89739 |
| National Center for Adoption Law and Policy to fund a | 89740 |
| multi-disciplinary child welfare training initiative. The | 89741 |
| Department of Job and Family Services shall coordinate with the | 89742 |
| National Center for Adoption Law and Policy to determine the focus | 89743 |
| of the training provided each year and to ensure that the training | 89744 |
| is designed to meet one of the four purposes of the Temporary | 89745 |
| Assistance to Needy Families program. | 89746 |
| PEOPLE WORKING COOPERATIVELY | 89747 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 89748 |
| (Fund 3V6), $50,000 in each fiscal year shall be allocated to | 89749 |
| People Working Cooperatively in Cincinnati to fund services for | 89750 |
| TANF eligible individuals. The Department of Job and Family | 89751 |
| Services shall coordinate with People Working Cooperatively to | 89752 |
| ensure that the services provided meet one of the four purposes of | 89753 |
| the Temporary Assistance for Needy Families Program. | 89754 |
| TALBERT HOUSE | 89755 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 89756 |
| (Fund 3V6), $75,000 in each fiscal year shall be distributed | 89757 |
| directly to the Talbert House to provide TANF eligible non-medical | 89758 |
| substance or alcohol abuse services. | 89759 |
| CHILDREN'S HUNGER ALLIANCE | 89760 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 89761 |
| (Fund 3V6), $500,000 in each fiscal year shall be allocated to the | 89762 |
| Children's Hunger Alliance for Child Nutrition Program outreach | 89763 |
| efforts. | 89764 |
| PROJECT GRAD | 89765 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 89766 |
| (Fund 3V6), up to $185,000 in each fiscal year shall be used in | 89767 |
| TANF eligible activities to reduce the dropout rate by addressing | 89768 |
| the academic and social problems of inner-city students through | 89769 |
| Project GRAD. | 89770 |
| * Section 206.67.10. EMPLOYMENT RETENTION INCENTIVE PROGRAM | 89771 |
| (A) As used in this section: | 89772 |
| (1) "Assistance group" has the same meaning as in section | 89773 |
| 5107.02 of the Revised Code. | 89774 |
| (2) "Ohio Works First" means the program established under | 89775 |
| Chapter 5107. of the Revised Code. | 89776 |
| (B) Subject to section 5101.801 of the Revised Code, in | 89777 |
| fiscal year 2007 the Department of Job and Family Services may | 89778 |
| establish and administer the Employment Retention Incentive | 89779 |
| Program under which the Department provides cash payments to | 89780 |
| eligible assistance groups. The Department shall use the foregoing | 89781 |
| appropriation item 600-689, TANF Block Grant, to fund the program. | 89782 |
| To be eligible for the Employment Retention Incentive | 89783 |
| Program, an assistance group must meet all of the following | 89784 |
| requirements: | 89785 |
| (1) The assistance group must apply using an application that | 89786 |
| contains all of the information that rules specified in this | 89787 |
| section require in accordance with the application process | 89788 |
| established in those rules; | 89789 |
| (2) The assistance group must have ceased to participate in | 89790 |
| Ohio Works First in accordance with rules specified in this | 89791 |
| section; | 89792 |
| (3) The assistance group must include a member who was | 89793 |
| employed during the last month the assistance group participated | 89794 |
| in Ohio Works First in accordance with rules specified in this | 89795 |
| section; | 89796 |
| (4) That member of the assistance group must remain employed | 89797 |
| in accordance with rules specified in this section; | 89798 |
| (5) The assistance group must meet all other eligibility | 89799 |
| requirements established in rules specified in this section. | 89800 |
| (C) If the Department establishes the Employment Retention | 89801 |
| Incentive Program, the Department shall provide cash payments | 89802 |
| under the program in a manner that enables the cash payments to be | 89803 |
| excluded from the definition of "assistance" in 45 C.F.R. | 89804 |
| 260.31(a) and instead be benefits that 45 C.F.R. 260.31(b) | 89805 |
| excludes from the definition of assistance. Each county Department | 89806 |
| of Job and Family Services shall make eligibility determinations | 89807 |
| for the program and perform other administrative duties for the | 89808 |
| program in accordance with rules specified in this section. | 89809 |
| (D) If the Department establishes the Employment Retention | 89810 |
| Incentive Program, the Department shall adopt rules under division | 89811 |
| (C) of section 5101.801 of the Revised Code to establish all of | 89812 |
| the following for the program: | 89813 |
| (1) The information that an application for the program must | 89814 |
| contain; | 89815 |
| (2) The application process for the program, including the | 89816 |
| process to verify eligibility for the program; | 89817 |
| (3) The manner in which an assistance group must have ceased | 89818 |
| to participate in Ohio Works First for the assistance group to | 89819 |
| qualify for the program; | 89820 |
| (4) The manner in which an assistance group member must have | 89821 |
| been employed during the last month the assistance group | 89822 |
| participated in Ohio Works First for the assistance group to | 89823 |
| qualify for the program; | 89824 |
| (5) The manner in which an assistance group member must | 89825 |
| remain employed for the assistance group to qualify for the | 89826 |
| program; | 89827 |
| (6) Other eligibility requirements for the program; | 89828 |
| (7) The amounts that eligible assistance groups are to | 89829 |
| receive as cash payments under the program; | 89830 |
| (8) The frequency and duration that eligible assistance | 89831 |
| groups are to receive cash payments under the program; | 89832 |
| (9) Requirements governing county departments' administrative | 89833 |
| duties regarding the program. | 89834 |
| (E) In adopting rules under division (D)(2) of this section | 89835 |
| establishing the application process for the Employment Retention | 89836 |
| Incentive Program, the director may not require that application | 89837 |
| be submitted to county departments of job and family services. | 89838 |
| * Section 206.67.11. Section 206.67.10 of this act takes | 89839 |
| effect July 1, 2006. | 89840 |
| Section 206.67.12. EARLY LEARNING INITIATIVE | 89841 |
| (A) As used in this section: | 89842 |
| (1) "Title IV-A services" means benefits and services that | 89843 |
| are allowable under Title IV-A of the "Social Security Act," as | 89844 |
| specified in 42 U.S.C. 604(a), except that they shall not be | 89845 |
| benefits and services included in the term "assistance" as defined | 89846 |
| in 45 C.F.R. 260.31(a) and shall be benefits and services that are | 89847 |
| excluded from the definition of the term "assistance" under 45 | 89848 |
| C.F.R. 260.31(b). | 89849 |
| (2) "Title IV-A funds" means funds provided under the | 89850 |
| temporary assistance for needy families block grant established by | 89851 |
| Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42 | 89852 |
| U.S.C. 601, as amended. | 89853 |
| (3) "Child care" has the same meaning as in section 5104.01 | 89854 |
| of the Revised Code. | 89855 |
| (4) "Eligible child" means a child who is at least three | 89856 |
| years of age but not of compulsory school age or enrolled in | 89857 |
| kindergarten, is eligible for Title IV-A services, and whose | 89858 |
| family income does not exceed one hundred eighty-five per cent of | 89859 |
| the federal poverty line at application. If the family income of a | 89860 |
| child receiving early learning services under this section exceeds | 89861 |
| one hundred ninety-five per cent of the federal poverty line, the | 89862 |
| child ceases to be eligible for an early learning program. | 89863 |
| (5) "Early learning program" means a program for eligible | 89864 |
| children that is funded with Title IV-A funds and provides Title | 89865 |
| IV-A services that are both of the following: | 89866 |
| (a) Early learning services, as defined by the Department of | 89867 |
| Education pursuant to division (C)(1) of Section 206.09.54 of this | 89868 |
| act; | 89869 |
| (b) Child care. | 89870 |
| (6) "Early learning provider" means an entity that is | 89871 |
| receiving Title IV-A funds to operate an early learning program. | 89872 |
| (7) "Early learning agency" means an early learning provider | 89873 |
| or an entity that has entered into an agreement with an early | 89874 |
| learning provider requiring the early learning provider to operate | 89875 |
| an early learning program on behalf of the entity. | 89876 |
| (8) "Federal poverty line" has the same meaning as in section | 89877 |
| 5104.01 of the Revised Code. | 89878 |
| (9) "Of compulsory school age" has the same meaning as in | 89879 |
| section 3321.01 of the Revised Code. | 89880 |
| (B) The Department of Job and Family Services and the | 89881 |
| Department of Education shall administer the Early Learning | 89882 |
| Initiative, established under Section 206.09.54 of this act, in | 89883 |
| accordance with sections 5101.80 and 5101.801 of the Revised Code. | 89884 |
| The Initiative shall provide early learning programs and child | 89885 |
| care to eligible children. Early learning programs may provide | 89886 |
| early learning services on a full-day basis, a part-day basis, or | 89887 |
| both a full-day and part-day basis. | 89888 |
| (C) The Department of Job and Family Services shall do all of | 89889 |
| the following: | 89890 |
| (1) Enter into a contract with each early learning agency in | 89891 |
| accordance with Section 206.09.54 of this act; | 89892 |
| (2) Reimburse early learning agencies for Title IV-A services | 89893 |
| provided to eligible children according to the terms of the | 89894 |
| contract and the rules adopted under division (C)(3) of this | 89895 |
| section; | 89896 |
| (3) In consultation with the Department of Education, adopt | 89897 |
| rules in accordance with Chapter 119. of the Revised Code to | 89898 |
| implement the Early Learning Initiative. The rules shall include | 89899 |
| all of the following: | 89900 |
| (a) Provisions regarding the establishment of co-payments for | 89901 |
| families of eligible children whose family income is more than one | 89902 |
| hundred sixty-five per cent of the federal poverty line but equal | 89903 |
| to or less than one hundred ninety-five per cent of the federal | 89904 |
| poverty line; | 89905 |
| (b) An exemption from co-payment requirements for families | 89906 |
| whose family income is equal to or less than one hundred | 89907 |
| sixty-five per cent of the federal poverty line; | 89908 |
| (c) A definition of "weekly attendance rate" for the purpose | 89909 |
| of reimbursing early learning agencies; | 89910 |
| (d) Provisions that establish the following reimbursement | 89911 |
| rates for early learning agencies based on the attendance of | 89912 |
| eligible children: | 89913 |
| (i) If an eligible child attends twenty-five or more hours in | 89914 |
| a given week, the weekly reimbursement shall not be less than two | 89915 |
| hundred dollars and seventy-three cents; | 89916 |
| (ii) If an eligible child attends fifteen or more hours but | 89917 |
| less than twenty-five hours in a given week, the weekly | 89918 |
| reimbursement rate shall not be less than one hundred sixty | 89919 |
| dollars and fifty-eight cents; | 89920 |
| (iii) If an eligible child attends less than fifteen hours in | 89921 |
| a given week, the hourly reimbursement rate shall not be less than | 89922 |
| eight dollars and three cents. | 89923 |
| (4) If, on the effective date of this section and Section | 89924 |
| 206.09.54 of this act, no early learning agencies have been | 89925 |
| approved for a given county, the Department of Job and Family | 89926 |
| Services, in consultation with the Department of Education, shall | 89927 |
| establish a deadline for the submission of applications to be an | 89928 |
| early learning agency that occurs after the effective date of this | 89929 |
| section. | 89930 |
| (5)(a) Subject to division (C)(6)(b) of this Section and in | 89931 |
| consultation with the Department of Education, establish a | 89932 |
| caretaker employment eligibility requirement for participation in | 89933 |
| the Early Learning Initiative that specifies the minimum number of | 89934 |
| hours that the caretaker of the eligible child must be employed | 89935 |
| and the time period over which the minimum number of hours is to | 89936 |
| be measured. These minimum hours may, but are not required to, | 89937 |
| overlap the period during the day or week in which the child | 89938 |
| participates in the early learning program. This caretaker | 89939 |
| employment eligibility requirement shall permit the child to be | 89940 |
| determined to be, and to remain, an eligible child for up to | 89941 |
| thirty days if the county department of job and family services | 89942 |
| determines that the caretaker is expected to begin engaging in an | 89943 |
| approved activity within that thirty-day period. The county | 89944 |
| department of job and family services shall inform both the early | 89945 |
| learning provider and the Department of Job and Family Services of | 89946 |
| this determination. The Department of Job and Family Services | 89947 |
| shall designate by rule the activities that constitute approved | 89948 |
| activities for purposes of this requirement. | 89949 |
| (b) The Department shall periodically review the requirement | 89950 |
| described in division (C)(6)(a) of this Section to ensure that it | 89951 |
| complies with federal law and regulations. | 89952 |
| (D) Each early learning provider shall determine eligibility | 89953 |
| for Title IV-A services for children seeking to enroll in an early | 89954 |
| learning program. | 89955 |
| (E) Each county department of job and family services shall | 89956 |
| establish co-payment requirements in accordance with the rules | 89957 |
| adopted under division (C)(3) of this section. | 89958 |
| (F)(1) The Department of Job and Family Services shall ensure | 89959 |
| that all reimbursements paid to an early learning agency under | 89960 |
| this section are only for Title IV-A services provided to eligible | 89961 |
| children. | 89962 |
| (2) In calculating reimbursements, the Department shall | 89963 |
| reimburse the early learning agency for up to twenty-five days per | 89964 |
| year in which an eligible child is absent from the early learning | 89965 |
| program on a day the child is scheduled to attend the program. | 89966 |
| (G) The provision of early learning services in an early | 89967 |
| learning program shall not prohibit or otherwise prevent an | 89968 |
| individual from obtaining certificates for payment under division | 89969 |
| (C) of section 5104.32 of the Revised Code that the individual may | 89970 |
| use to purchase services from any provider qualified to provide | 89971 |
| publicly funded child care under section 5104.31 of the Revised | 89972 |
| Code for periods during which the child is not in an early | 89973 |
| learning program. If the individual must meet employment and | 89974 |
| training requirements for a certificate for payment, the | 89975 |
| individual may, but shall not be required to, meet these | 89976 |
| requirements concurrently with the time the child is participating | 89977 |
| in an early learning program or receiving child care as a result | 89978 |
| of the certificate. | 89979 |
| (H) Upon the transfer of appropriation from Department of | 89980 |
| Education appropriation line 200-663, Early Learning Initiative | 89981 |
| (Fund 5W2), to Department of Job and Family Services appropriation | 89982 |
| item 600-689, TANF Block Grant (Fund 3V6), up to $104,380,000 in | 89983 |
| fiscal year 2006 and up to $125,256,000 in fiscal year 2007 shall | 89984 |
| be used to reimburse early learning agencies under this section. | 89985 |
| The Department of Job and Family Services shall provide up to | 89986 |
| 10,000 slots of services for eligible children in fiscal year 2006 | 89987 |
| and up to 12,000 slots of services for eligible children in fiscal | 89988 |
| year 2007 through the Early Learning Initiative. In each fiscal | 89989 |
| year, the Department shall allocate at least seventeen slots of | 89990 |
| services to each county in the state. | 89991 |
| If, on or after the thirty-first day of December of each | 89992 |
| fiscal year, the Director of Budget and Management, in | 89993 |
| consultation with the Director of Job and Family Services and the | 89994 |
| Superintendent of Public Instruction, determines that there is a | 89995 |
| balance of funds in the Early Learning Initiative in either fiscal | 89996 |
| year 2006 or fiscal year 2007, the Director of Budget and | 89997 |
| Management may approve the use of the funds by the Department of | 89998 |
| Job and Family Services to provide publicly funded child care, as | 89999 |
| defined in section 5104.01 of the Revised Code. | 90000 |
| Of the foregoing appropriation item 600-689, TANF Block Grant | 90001 |
| (Fund 3V6), up to $800,000 in each fiscal year may be used by the | 90002 |
| Department of Job and Family Services for administration of the | 90003 |
| Early Learning Initiative. | 90004 |
| The Director of Budget and Management, at the request of the | 90005 |
| Director of Job and Family Services, may transfer in each fiscal | 90006 |
| year up to $2,200,000 cash from the Temporary Assistance for Needy | 90007 |
| Families Federal Fund (Fund 3V6) to the Early Learning Initiative | 90008 |
| (Fund 5W2) for administration of the Early Learning Initiative by | 90009 |
| the Department of Education. | 90010 |
| (I) Any contract executed prior to July 1, 2005, between an | 90011 |
| early learning agency, the Department of Job and Family Services, | 90012 |
| and the Department of Education shall be deemed to be effective as | 90013 |
| of July 1, 2005, upon issuance of a state purchase order even if | 90014 |
| such purchase order is approved at some later date, unless the | 90015 |
| executed contract expressly provides for a start date after July | 90016 |
| 1, 2005. | 90017 |
| REIMBURSEMENT CEILINGS FOR PUBLICLY FUNDED CHILD CARE | 90018 |
| PROVIDERS | 90019 |
| The Department of Job and Family Services shall estimate the | 90020 |
| monthly average of children the Department expects to enroll in | 90021 |
| publicly funded child care from December 2005 through March 2006. | 90022 |
| The Department shall then determine the actual monthly average of | 90023 |
| children enrolled in publicly funded child care for that period. | 90024 |
| If the estimated monthly average exceeds the actual monthly | 90025 |
| average by at least two thousand, the Department may increase, for | 90026 |
| fiscal year 2007, the reimbursement ceilings for providers of | 90027 |
| publicly funded child care to not less than sixty-five per cent of | 90028 |
| the market's usual and customary cost to the public based on the | 90029 |
| most recently conducted market rate survey required by 48 C.F.R. | 90030 |
| 98.16. | 90031 |
| Section 206.67.13. MARKET RATE SURVEY | 90032 |
| The Department of Job and Family Services shall conduct a | 90033 |
| study of the market rates for the provision of child care to | 90034 |
| establish new rates for the funding of publicly funded child care. | 90035 |
| The Department shall complete this study and establish new rates | 90036 |
| for reimbursement not later than July 1, 2006. | 90037 |
| Each child care provider shall cooperate with the Department | 90038 |
| on this study. A provider that fails to cooperate with the | 90039 |
| Department shall not receive publicly funded child care funds in | 90040 |
| fiscal year 2006. | 90041 |
| Section 206.67.15. PRESCRIPTION DRUG REBATE FUND | 90042 |
| The foregoing appropriation item 600-692, Health Care | 90043 |
| Services, shall be used by the Department of Job and Family | 90044 |
| Services in accordance with section 5111.081 of the Revised Code. | 90045 |
| Moneys recovered by the Department for either hospital settlements | 90046 |
| or pursuant to the Department's rights of recovery under section | 90047 |
| 5101.58 of the Revised Code, that are not directed to the Health | 90048 |
| Care Services Administration Fund (Fund 5U3) under section 5111.94 | 90049 |
| of the Revised Code, shall also be deposited into Fund 5P5. | 90050 |
| Section 206.67.18. MEDICAID COVERAGE OF ALCOHOL, DRUG | 90051 |
| ADDICTION, AND MENTAL HEALTH SERVICES | 90052 |
| (A) To the maximum extent possible, the amendments to section | 90053 |
| 5111.911 of the Revised Code shall be implemented in a manner that | 90054 |
| is consistent with the "State of Ohio Community Behavioral Health | 90055 |
| Medicaid Business Plan" finalized in August 2004, by the | 90056 |
| Departments of Job and Family Services, Mental Health, and Alcohol | 90057 |
| and Drug Addiction Services and the Ohio Association of Behavioral | 90058 |
| Health Authorities. | 90059 |
| (B) As soon as practicable, the Departments of Job and Family | 90060 |
| Services, Mental Health, and Alcohol and Drug Addiction Services, | 90061 |
| in conjunction with behavioral health providers, shall specify | 90062 |
| procedures that are consistent with federal law for the | 90063 |
| implementation of the "State of Ohio Community Behavioral Health | 90064 |
| Medicaid Business Plan." If it is determined that any portion of | 90065 |
| the Plan does not comply with federal law, the Departments, in | 90066 |
| conjunction with behavioral health providers, shall specify | 90067 |
| procedures to work toward implementation of that portion of the | 90068 |
| Plan. | 90069 |
| (C) A report of the progress of the implementation of the | 90070 |
| "State of Ohio Community Behavioral Health Medicaid Business Plan" | 90071 |
| shall be submitted to the Speaker of the House of Representatives | 90072 |
| and the President of the Senate not later than the first day of | 90073 |
| March and first day of October of each year until all components | 90074 |
| of the Plan have been fully implemented. | 90075 |
| Section 206.67.21. TRANSFER OF TOBACCO MASTER SETTLEMENT | 90076 |
| AGREEMENT FUNDS TO SUPPORT THE AGED, BLIND, AND DISABLED MANAGED | 90077 |
| CARE PILOT PROGRAMS | 90078 |
| (A) Not later than June 30, 2006, the Director of Job and | 90079 |
| Family Services, in conjunction with the Office of Budget and | 90080 |
| Management, shall determine the amounts necessary to implement the | 90081 |
| Aged, Blind, and Disabled Managed Care Pilot Programs established | 90082 |
| under sections 5111.163 and 5111.164 of the Revised Code. | 90083 |
| (B)(1) Notwithstanding section 183.02 of the Revised Code, on | 90084 |
| July 1, 2006, or as soon as possible thereafter, the Director of | 90085 |
| Budget and Management shall transfer cash equal to the state share | 90086 |
| of the amount determined pursuant to division (A) of this section | 90087 |
| from the Tobacco Master Settlement Agreement Fund (Fund 087) to | 90088 |
| the ABD Managed Care Pilot Programs – State Fund (Fund 5BZ in the | 90089 |
| Department of Job and Family Services), which is hereby created. | 90090 |
| Of the tobacco revenue that is credited to the Tobacco Master | 90091 |
| Settlement Agreement Fund (Fund 087) in fiscal year 2006, the | 90092 |
| share that is determined pursuant to section 183.02 of the Revised | 90093 |
| Code to be the amount transferred by the Director of Budget and | 90094 |
| Management from the Tobacco Master Settlement Agreement Fund (Fund | 90095 |
| 087) to the Tobacco Use Prevention and Cessation Trust Fund (Fund | 90096 |
| H87) shall be reduced by the amount that is transferred from the | 90097 |
| Tobacco Master Settlement Agreement Fund (Fund 087) to the ABD | 90098 |
| Managed Care Pilot Programs – State Fund (Fund 5BZ) in accordance | 90099 |
| with this section. The amounts transferred under this division are | 90100 |
| hereby appropriated to appropriation item 600-698, ABD Managed | 90101 |
| Care Pilot Programs – State. | 90102 |
| (2) Not later than ninety days after the Department of Job | 90103 |
| and Family Services terminates the pilot programs, the Director of | 90104 |
| Budget and Management shall transfer the unencumbered cash balance | 90105 |
| of the ABD Managed Care Pilot Programs – State Fund (Fund 5BZ) to | 90106 |
| the Tobacco Use Prevention and Cessation Trust Fund (Fund H87). | 90107 |
| (C) The Department of Job and Family Services shall deposit | 90108 |
| federal reimbursement received for the Aged, Blind, and Disabled | 90109 |
| Managed Care Pilot Programs into the ABD Managed Care Pilot | 90110 |
| Programs – Federal Fund (Fund 3AZ), which is hereby created. | 90111 |
| Amounts deposited into Fund 3AZ are hereby appropriated to | 90112 |
| appropriation item 600-699, ABD Managed Care Pilot Programs – | 90113 |
| Federal. | 90114 |
| Section 206.67.24. WAIVER OF FOOD STAMP WORK REQUIREMENTS | 90115 |
| Pursuant to 7 U.S.C. 2015(o)(4)(A)(i), the Department of Job | 90116 |
| and Family Services shall request that the United States Secretary | 90117 |
| of Agriculture waive the applicability of the work requirement of | 90118 |
| 7 U.S.C. 2015(o)(2) during fiscal years 2006 and 2007 to food | 90119 |
| stamp benefit recipients who reside in a county of this state that | 90120 |
| the Department determines has an unemployment rate of over 10 per | 90121 |
| cent or does not have a sufficient number of jobs to provide | 90122 |
| employment for the recipients. The Department shall make monthly | 90123 |
| determinations of which counties the waiver shall be in effect in. | 90124 |
| No individual may be exempted from the work requirements for more | 90125 |
| than a total of twelve months beginning July 1, 2005, and ending | 90126 |
| June 30, 2007. | 90127 |
| The Department shall report to the Speaker and Minority | 90128 |
| Leader of the House of Representatives and President and Minority | 90129 |
| Leader of the Senate on receipt or rejection of the waiver sought | 90130 |
| under this section. | 90131 |
| Section 206.72. JCO JUDICIAL CONFERENCE OF OHIO | 90132 |
| General Revenue Fund | 90133 |
| GRF | 018-321 | Operating Expenses | $ | 957,000 | $ | 957,000 | 90134 | ||||
| TOTAL GRF General Revenue Fund | $ | 957,000 | $ | 957,000 | 90135 | ||||||
| General Services Fund Group | 90136 |
| 403 | 018-601 | Ohio Jury Instructions | $ | 225,000 | $ | 225,000 | 90137 | ||||
| TOTAL GSF General Services Fund Group | $ | 225,000 | $ | 225,000 | 90138 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,182,000 | $ | 1,182,000 | 90139 | ||||||
| STATE COUNCIL OF UNIFORM STATE LAWS | 90140 |
| Notwithstanding section 105.26 of the Revised Code, of the | 90141 |
| foregoing appropriation item 018-321, Operating Expenses, up to | 90142 |
| $66,000 in fiscal year 2006 and up to $68,000 in fiscal year 2007 | 90143 |
| may be used to pay the expenses of the State Council of Uniform | 90144 |
| State Laws, including membership dues to the National Conference | 90145 |
| of Commissioners on Uniform State Laws. | 90146 |
| OHIO JURY INSTRUCTIONS FUND | 90147 |
| The Ohio Jury Instructions Fund (Fund 403) shall consist of | 90148 |
| grants, royalties, dues, conference fees, bequests, devises, and | 90149 |
| other gifts received for the purpose of supporting costs incurred | 90150 |
| by the Judicial Conference of Ohio in dispensing educational and | 90151 |
| informational data to the state's judicial system. Fund 403 shall | 90152 |
| be used by the Judicial Conference of Ohio to pay expenses | 90153 |
| incurred in dispensing educational and informational data to the | 90154 |
| state's judicial system. All moneys accruing to Fund 403 in excess | 90155 |
| of $225,000 in fiscal year 2006 and in excess of $225,000 in | 90156 |
| fiscal year 2007 are hereby appropriated for the purposes | 90157 |
| authorized. | 90158 |
| No money in the Ohio Jury Instructions Fund shall be | 90159 |
| transferred to any other fund by the Director of Budget and | 90160 |
| Management or the Controlling Board. | 90161 |
| Section 206.75. JSC THE JUDICIARY/SUPREME COURT | 90162 |
| General Revenue Fund | 90163 |
| GRF | 005-321 | Operating Expenses - Judiciary/Supreme Court | $ | 118,855,655 | $ | 121,441,259 | 90164 | ||||
| GRF | 005-401 | State Criminal Sentencing Council | $ | 328,676 | $ | 343,730 | 90165 | ||||
| GRF | 005-406 | Law-Related Education | $ | 216,131 | $ | 222,615 | 90166 | ||||
| GRF | 005-502 | Commission for Legal Education Opportunity | $ | 435,000 | $ | 875,000 | 90167 | ||||
| TOTAL GRF General Revenue Fund | $ | 119,835,462 | $ | 122,882,604 | 90168 | ||||||
| General Services Fund Group | 90169 |
| 672 | 005-601 | Continuing Judicial Education | $ | 130,000 | $ | 130,000 | 90170 | ||||
| TOTAL GSF General Services Fund Group | $ | 130,000 | $ | 130,000 | 90171 | ||||||
| Federal Special Revenue Fund Group | 90172 |
| 3J0 | 005-603 | Federal Grants | $ | 848,070 | $ | 861,382 | 90173 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 848,070 | $ | 861,382 | 90174 | ||||||
| State Special Revenue Fund Group | 90175 |
| 4C8 | 005-605 | Attorney Registration | $ | 3,169,774 | $ | 3,264,867 | 90176 | ||||
| 5T8 | 005-609 | Grants and Awards | $ | 10,000 | $ | 10,000 | 90177 | ||||
| 6A8 | 005-606 | Supreme Court Admissions | $ | 1,410,718 | $ | 1,453,042 | 90178 | ||||
| 643 | 005-607 | Commission on Continuing Legal Education | $ | 569,203 | $ | 586,261 | 90179 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 5,159,695 | $ | 5,314,170 | 90180 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 125,973,227 | $ | 129,188,156 | 90181 | ||||||
| LAW-RELATED EDUCATION | 90182 |
| The foregoing appropriation item 005-406, Law-Related | 90183 |
| Education, shall be distributed directly to the Ohio Center for | 90184 |
| Law-Related Education for the purposes of providing continuing | 90185 |
| citizenship education activities to primary and secondary | 90186 |
| students, expanding delinquency prevention programs, increasing | 90187 |
| activities for at-risk youth, and accessing additional public and | 90188 |
| private money for new programs. | 90189 |
| COMMISSION FOR LEGAL EDUCATION OPPORTUNITY | 90190 |
| The foregoing appropriation item 005-502, Commission for | 90191 |
| Legal Education Opportunity, shall be used to fund activities of | 90192 |
| the Commission for Legal Education Opportunity created by the | 90193 |
| Chief Justice of the Supreme Court of Ohio for purposes of | 90194 |
| assisting minority, low-income, and educationally disadvantaged | 90195 |
| college graduates in transition to legal education. Moneys | 90196 |
| appropriated to the Commission for Legal Education Opportunity may | 90197 |
| be used to establish and provide intensive course study designed | 90198 |
| to prepare eligible college graduates for law education, provide | 90199 |
| annual stipends for students who successfully complete the course | 90200 |
| of study and are admitted to and maintain satisfactory academic | 90201 |
| standing in an Ohio law school, and pay the administrative costs | 90202 |
| associated with the program. | 90203 |
| CONTINUING JUDICIAL EDUCATION | 90204 |
| The Continuing Judicial Education Fund (Fund 672) shall | 90205 |
| consist of fees paid by judges and court personnel for attending | 90206 |
| continuing education courses and other gifts and grants received | 90207 |
| for the purpose of continuing judicial education. The foregoing | 90208 |
| appropriation item 005-601, Continuing Judicial Education, shall | 90209 |
| be used to pay expenses for continuing education courses for | 90210 |
| judges and court personnel. If it is determined by the | 90211 |
| Administrative Director of the Supreme Court that additional | 90212 |
| appropriations are necessary, the amounts are hereby appropriated. | 90213 |
| No money in the Continuing Judicial Education Fund shall be | 90214 |
| transferred to any other fund by the Director of Budget and | 90215 |
| Management or the Controlling Board. Interest earned on moneys in | 90216 |
| the Continuing Judicial Education Fund shall be credited to the | 90217 |
| fund. | 90218 |
| FEDERAL GRANTS | 90219 |
| The Federal Grants Fund (Fund 3J0) shall consist of grants | 90220 |
| and other moneys awarded to the Supreme Court (The Judiciary) by | 90221 |
| the United States Government or other entities that receive the | 90222 |
| moneys directly from the United States Government and distribute | 90223 |
| those moneys to the Supreme Court (The Judiciary). The foregoing | 90224 |
| appropriation item 005-603, Federal Grants, shall be used in a | 90225 |
| manner consistent with the purpose of the grant or award. If it is | 90226 |
| determined by the Administrative Director of the Supreme Court | 90227 |
| that additional appropriations are necessary, the amounts are | 90228 |
| hereby appropriated. | 90229 |
| No money in the Federal Grants Fund shall be transferred to | 90230 |
| any other fund by the Director of Budget and Management or the | 90231 |
| Controlling Board. However, interest earned on moneys in the | 90232 |
| Federal Grants Fund shall be credited or transferred to the | 90233 |
| General Revenue Fund. | 90234 |
| ATTORNEY REGISTRATION | 90235 |
| In addition to funding other activities considered | 90236 |
| appropriate by the Supreme Court, the foregoing appropriation item | 90237 |
| 005-605, Attorney Registration, may be used to compensate | 90238 |
| employees and to fund appropriate activities of the following | 90239 |
| offices established by the Supreme Court under the Rules for the | 90240 |
| Government of the Bar of Ohio: the Office of Disciplinary Counsel, | 90241 |
| the Board of Commissioners on Grievances and Discipline, the | 90242 |
| Clients' Security Fund, the Board of Commissioners on the | 90243 |
| Unauthorized Practice of Law, and the Office of Attorney | 90244 |
| Registration. If it is determined by the Administrative Director | 90245 |
| of the Supreme Court that additional appropriations are necessary, | 90246 |
| the amounts are hereby appropriated. | 90247 |
| No moneys in the Attorney Registration Fund shall be | 90248 |
| transferred to any other fund by the Director of Budget and | 90249 |
| Management or the Controlling Board. Interest earned on moneys in | 90250 |
| the Attorney Registration Fund shall be credited to the fund. | 90251 |
| GRANTS AND AWARDS | 90252 |
| The Grants and Awards Fund (Fund 5T8) shall consist of grants | 90253 |
| and other moneys awarded to the Supreme Court (The Judiciary) by | 90254 |
| the State Justice Institute, the Division of Criminal Justice | 90255 |
| Services, or other entities. The foregoing appropriation item | 90256 |
| 005-609, Grants and Awards, shall be used in a manner consistent | 90257 |
| with the purpose of the grant or award. If it is determined by the | 90258 |
| Administrative Director of the Supreme Court that additional | 90259 |
| appropriations are necessary, the amounts are hereby appropriated. | 90260 |
| No moneys in the Grants and Awards Fund shall be transferred | 90261 |
| to any other fund by the Director of Budget and Management or the | 90262 |
| Controlling Board. However, interest earned on moneys in the | 90263 |
| Grants and Awards Fund shall be credited or transferred to the | 90264 |
| General Revenue Fund. | 90265 |
| SUPREME COURT ADMISSIONS | 90266 |
| The foregoing appropriation item 005-606, Supreme Court | 90267 |
| Admissions, shall be used to compensate Supreme Court employees | 90268 |
| who are primarily responsible for administering the attorney | 90269 |
| admissions program under the Rules for the Government of the Bar | 90270 |
| of Ohio, and to fund any other activities considered appropriate | 90271 |
| by the court. Moneys shall be deposited into the Supreme Court | 90272 |
| Admissions Fund (Fund 6A8) under the Supreme Court Rules for the | 90273 |
| Government of the Bar of Ohio. If it is determined by the | 90274 |
| Administrative Director of the Supreme Court that additional | 90275 |
| appropriations are necessary, the amounts are hereby appropriated. | 90276 |
| No moneys in the Supreme Court Admissions Fund shall be | 90277 |
| transferred to any other fund by the Director of Budget and | 90278 |
| Management or the Controlling Board. Interest earned on moneys in | 90279 |
| the Supreme Court Admissions Fund shall be credited to the fund. | 90280 |
| CONTINUING LEGAL EDUCATION | 90281 |
| The foregoing appropriation item 005-607, Commission on | 90282 |
| Continuing Legal Education, shall be used to compensate employees | 90283 |
| of the Commission on Continuing Legal Education established under | 90284 |
| the Supreme Court Rules for the Government of the Bar of Ohio, and | 90285 |
| to fund other activities of the commission considered appropriate | 90286 |
| by the court. If it is determined by the Administrative Director | 90287 |
| of the Supreme Court that additional appropriations are necessary, | 90288 |
| the amounts are hereby appropriated. | 90289 |
| No moneys in the Continuing Legal Education Fund shall be | 90290 |
| transferred to any other fund by the Director of Budget and | 90291 |
| Management or the Controlling Board. Interest earned on moneys in | 90292 |
| the Continuing Legal Education Fund shall be credited to the fund. | 90293 |
| Section 206.78. LEC LAKE ERIE COMMISSION | 90294 |
| State Special Revenue Fund Group | 90295 |
| 4C0 | 780-601 | Lake Erie Protection Fund | $ | 875,000 | $ | 875,000 | 90296 | ||||
| 5D8 | 780-602 | Lake Erie Resources Fund | $ | 486,072 | $ | 492,794 | 90297 | ||||
| TOTAL SSR State Special Revenue | 90298 | ||||||||||
| Fund Group | $ | 1,361,072 | $ | 1,367,794 | 90299 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,361,072 | $ | 1,367,794 | 90300 | ||||||
| CASH TRANSFER | 90301 |
| Not later than the thirtieth day of November of each fiscal | 90302 |
| year, the Executive Director of the Ohio Lake Erie Office, with | 90303 |
| the approval of the Lake Erie Commission, shall certify to the | 90304 |
| Director of Budget and Management the cash balance in the Lake | 90305 |
| Erie Resources Fund (Fund 5D8) in excess of amounts needed to meet | 90306 |
| operating expenses of the Lake Erie Office. The Lake Erie Office | 90307 |
| may request the Director of Budget and Management to transfer up | 90308 |
| to the certified amount from the Lake Erie Resources Fund (Fund | 90309 |
| 5D8) to the Lake Erie Protection Fund (Fund 4C0). The Director of | 90310 |
| Budget and Management may transfer the requested amount, or the | 90311 |
| Director may transfer a different amount up to the certified | 90312 |
| amount. Cash transferred shall be used for the purposes described | 90313 |
| in division (A) of section 1506.23 of the Revised Code. The amount | 90314 |
| transferred by the director is hereby appropriated to the | 90315 |
| foregoing appropriation item 780-601, Lake Erie Protection Fund, | 90316 |
| which shall be increased by the amount transferred. | 90317 |
| Section 206.81. LRS LEGAL RIGHTS SERVICE | 90318 |
| General Revenue Fund | 90319 |
| GRF | 054-100 | Personal Services | $ | 162,281 | $ | 162,281 | 90320 | ||||
| GRF | 054-200 | Maintenance | $ | 33,938 | $ | 33,938 | 90321 | ||||
| GRF | 054-300 | Equipment | $ | 1,856 | $ | 1,856 | 90322 | ||||
| GRF | 054-401 | Ombudsman | $ | 291,247 | $ | 291,247 | 90323 | ||||
| TOTAL GRF General Revenue Fund | $ | 489,322 | $ | 489,322 | 90324 | ||||||
| General Services Fund Group | 90325 |
| 416 | 054-601 | Gifts and Donations | $ | 1,352 | $ | 1,352 | 90326 | ||||
| 5M0 | 054-610 | Settlements | $ | 75,000 | $ | 75,000 | 90327 | ||||
| TOTAL GSF General Services | 90328 | ||||||||||
| Fund Group | $ | 76,352 | $ | 76,352 | 90329 | ||||||
| Federal Special Revenue Fund Group | 90330 |
| 3AG | 054-613 | Protection and Advocacy - Voter Accessibility | $ | 114,089 | $ | 114,089 | 90331 | ||||
| 3B8 | 054-603 | Protection and Advocacy - Mentally Ill | $ | 1,059,041 | $ | 1,059,041 | 90332 | ||||
| 3N3 | 054-606 | Protection and Advocacy - Individual Rights | $ | 550,283 | $ | 550,283 | 90333 | ||||
| 3N9 | 054-607 | Assistive Technology | $ | 141,686 | $ | 141,686 | 90334 | ||||
| 3R9 | 054-604 | Family Support Collaborative | $ | 50,000 | $ | 50,000 | 90335 | ||||
| 3T2 | 054-609 | Client Assistance Program | $ | 400,553 | $ | 400,553 | 90336 | ||||
| 3X1 | 054-611 | Protection and Advocacy for Beneficiaries of Social Security | $ | 187,784 | $ | 187,784 | 90337 | ||||
| 3Z6 | 054-612 | Traumatic Brain Injury | $ | 65,138 | $ | 65,138 | 90338 | ||||
| 305 | 054-602 | Protection and Advocacy - Developmentally Disabled | $ | 1,369,082 | $ | 1,369,082 | 90339 | ||||
| TOTAL FED Federal Special Revenue | 90340 | ||||||||||
| Fund Group | $ | 3,937,656 | $ | 3,937,656 | 90341 | ||||||
| State Special Revenue Fund Group | 90342 |
| 5AE | 054-614 | Grants and Contracts | $ | 75,000 | $ | 75,000 | 90343 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 75,000 | $ | 75,000 | 90344 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 4,578,330 | $ | 4,578,330 | 90345 | ||||||
| Section 206.84. JLE JOINT LEGISLATIVE ETHICS COMMITTEE | 90347 |
| General Revenue Fund | 90348 |
| GRF | 028-321 | Legislative Ethics Committee | $ | 550,000 | $ | 550,000 | 90349 | ||||
| TOTAL GRF General Revenue Fund | $ | 550,000 | $ | 550,000 | 90350 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 550,000 | $ | 550,000 | 90351 |
| Section 206.87. LSC LEGISLATIVE SERVICE COMMISSION | 90353 |
| General Revenue Fund | 90354 |
| GRF | 035-321 | Operating Expenses | $ | 14,870,000 | $ | 14,870,000 | 90355 | ||||
| GRF | 035-402 | Legislative Interns | $ | 1,012,000 | $ | 1,012,000 | 90356 | ||||
| GRF | 035-404 | Legislative Office of Education Oversight | $ | 1,256,427 | $ | 1,256,427 | 90357 | ||||
| GRF | 035-405 | Correctional Institution Inspection Committee | $ | 375,000 | $ | 390,000 | 90358 | ||||
| GRF | 035-409 | National Associations | $ | 445,000 | $ | 456,000 | 90359 | ||||
| GRF | 035-410 | Legislative Information Systems | $ | 3,625,000 | $ | 3,625,000 | 90360 | ||||
| TOTAL GRF General Revenue Fund | $ | 21,583,427 | $ | 21,609,427 | 90361 | ||||||
| General Services Fund Group | 90362 |
| 4F6 | 035-603 | Legislative Budget Services | $ | 152,000 | $ | 152,500 | 90363 | ||||
| 410 | 035-601 | Sale of Publications | $ | 25,000 | $ | 25,000 | 90364 | ||||
| TOTAL GSF General Services | 90365 | ||||||||||
| Fund Group | $ | 177,000 | $ | 177,500 | 90366 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 21,760,427 | $ | 21,786,927 | 90367 | ||||||
| JOINT LEGISLATIVE COMMITTEE ON MEDICAID TECHNOLOGY AND REFORM | 90368 |
| Of the foregoing appropriation item 035-321, Operating | 90369 |
| Expenses, $100,000 in each fiscal year shall be used for costs | 90370 |
| associated with employing an executive director for the Joint | 90371 |
| Legislative Committee on Medicaid Technology and Reform as | 90372 |
| authorized by division (C) of section 101.391 of the Revised Code. | 90373 |
| Section 206.90. LIB STATE LIBRARY BOARD | 90374 |
| General Revenue Fund | 90375 |
| GRF | 350-321 | Operating Expenses | $ | 6,298,677 | $ | 6,298,677 | 90376 | ||||
| GRF | 350-400 | Ohio Public Library Information Network | $ | 4,330,000 | $ | 4,330,000 | 90377 | ||||
| GRF | 350-401 | Ohioana Rental Payments | $ | 124,816 | $ | 124,816 | 90378 | ||||
| GRF | 350-501 | Library for the Blind-Cincinnati | $ | 535,615 | $ | 535,615 | 90379 | ||||
| GRF | 350-502 | Regional Library Systems | $ | 1,010,441 | $ | 1,010,441 | 90380 | ||||
| GRF | 350-503 | Library for the Blind-Cleveland | $ | 805,642 | $ | 805,642 | 90381 | ||||
| TOTAL GRF General Revenue Fund | $ | 13,105,191 | $ | 13,105,191 | 90382 | ||||||
| General Services Fund Group | 90383 |
| 139 | 350-602 | Intra-Agency Service Charges | $ | 9,000 | $ | 9,000 | 90384 | ||||
| 4S4 | 350-604 | OPLIN Technology | $ | 3,000,000 | $ | 3,000,000 | 90385 | ||||
| 459 | 350-602 | Interlibrary Service Charges | $ | 2,469,925 | $ | 2,708,092 | 90386 | ||||
| TOTAL GSF General Services | 90387 | ||||||||||
| Fund Group | $ | 5,478,925 | $ | 5,717,092 | 90388 | ||||||
| Federal Special Revenue Fund Group | 90389 |
| 313 | 350-601 | LSTA Federal | $ | 5,643,905 | $ | 5,643,905 | 90390 | ||||
| TOTAL FED Federal Special Revenue | 90391 | ||||||||||
| Fund Group | $ | 5,643,905 | $ | 5,643,905 | 90392 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 24,228,021 | $ | 24,466,188 | 90393 | ||||||
| OHIOANA RENTAL PAYMENTS | 90394 |
| The foregoing appropriation item 350-401, Ohioana Rental | 90395 |
| Payments, shall be used to pay the rental expenses of the Martha | 90396 |
| Kinney Cooper Ohioana Library Association pursuant to section | 90397 |
| 3375.61 of the Revised Code. | 90398 |
| LIBRARY FOR THE BLIND-CINCINNATI | 90399 |
| The foregoing appropriation item 350-501, Library for the | 90400 |
| Blind-Cincinnati, shall be used for the Talking Book program, | 90401 |
| which assists the blind and disabled. | 90402 |
| REGIONAL LIBRARY SYSTEMS | 90403 |
| The foregoing appropriation item 350-502, Regional Library | 90404 |
| Systems, shall be used to support regional library systems | 90405 |
| eligible for funding under sections 3375.83 and 3375.90 of the | 90406 |
| Revised Code. | 90407 |
| LIBRARY FOR THE BLIND-CLEVELAND | 90408 |
| The foregoing appropriation item 350-503, Library for the | 90409 |
| Blind-Cleveland, shall be used for the Talking Book program, which | 90410 |
| assists the blind and disabled. | 90411 |
| OHIO PUBLIC LIBRARY INFORMATION NETWORK | 90412 |
| The foregoing appropriation items 350-604, OPLIN Technology, | 90413 |
| and 350-400, Ohio Public Library Information Network, shall be | 90414 |
| used for an information telecommunications network linking public | 90415 |
| libraries in the state and such others as may be certified as | 90416 |
| participants by the Ohio Public Library Information Network Board. | 90417 |
| The Ohio Public Library Information Network Board shall | 90418 |
| consist of eleven members appointed by the State Library Board | 90419 |
| from among the staff of public libraries and past and present | 90420 |
| members of boards of trustees of public libraries, based on the | 90421 |
| recommendations of the Ohio library community. The Ohio Public | 90422 |
| Library Information Network Board, in consultation with the State | 90423 |
| Library, shall develop a plan of operations for the network. The | 90424 |
| board may make decisions regarding use of the foregoing | 90425 |
| appropriation items 350-400, Ohio Public Library Information | 90426 |
| Network, and 350-604, OPLIN Technology, may receive and expend | 90427 |
| grants to carry out the operations of the network in accordance | 90428 |
| with state law, and may appoint and fix the compensation of a | 90429 |
| director and necessary staff. The State Library shall be the | 90430 |
| fiscal agent for the network and shall have fiscal accountability | 90431 |
| for the expenditure of funds. The Ohio Public Library Information | 90432 |
| Network Board members shall be reimbursed for actual travel and | 90433 |
| necessary expenses incurred in carrying out their | 90434 |
| responsibilities. | 90435 |
| In order to limit access to obscene and illegal materials | 90436 |
| through internet use at Ohio Public Library Information Network | 90437 |
| (OPLIN) terminals, local libraries with OPLIN computer terminals | 90438 |
| shall adopt and implement policies that control access to obscene | 90439 |
| and illegal materials. These policies may include use of | 90440 |
| technological systems to select or block certain internet access. | 90441 |
| The OPLIN shall condition provision of its funds, goods, and | 90442 |
| services on compliance with these policies. The OPLIN Board shall | 90443 |
| also adopt and communicate specific recommendations, including | 90444 |
| recommendations related to computer filtering, to local libraries | 90445 |
| on methods to control such improper usage. These methods may | 90446 |
| include each library implementing a written policy controlling | 90447 |
| such improper use of library terminals and requirements for | 90448 |
| parental involvement or written authorization for juvenile | 90449 |
| internet usage. | 90450 |
| Of the foregoing appropriation item 350-400, Ohio Public | 90451 |
| Library Information Network, up to $100,000 in each fiscal year | 90452 |
| shall be used to help local libraries purchase or maintain filters | 90453 |
| to screen out obscene and illegal internet materials. At least 50 | 90454 |
| per cent of the funds used for these purposes in each fiscal year | 90455 |
| shall be used for the purchase of filters. | 90456 |
| The OPLIN Board shall research and assist or advise local | 90457 |
| libraries with regard to emerging technologies and methods that | 90458 |
| may be effective means to control access to obscene and illegal | 90459 |
| materials. The OPLIN Executive Director shall biannually provide | 90460 |
| written reports to the Governor, the Speaker and Minority Leader | 90461 |
| of the House of Representatives, and the President and Minority | 90462 |
| Leader of the Senate on any steps being taken by OPLIN and public | 90463 |
| libraries in the state to limit and control such improper usage as | 90464 |
| well as information on technological, legal, and law enforcement | 90465 |
| trends nationally and internationally affecting this area of | 90466 |
| public access and service. | 90467 |
| The Ohio Public Library Information Network, INFOhio, and | 90468 |
| OhioLINK shall, to the extent feasible, coordinate and cooperate | 90469 |
| in their purchase or other acquisition of the use of electronic | 90470 |
| databases for their respective users and shall contribute funds in | 90471 |
| an equitable manner to such effort. | 90472 |
| Section 206.93. LCO LIQUOR CONTROL COMMISSION | 90473 |
| Liquor Control Fund Group | 90474 |
| 043 | 970-321 | Operating Expenses | $ | 781,181 | $ | 803,348 | 90475 | ||||
| TOTAL LCF Liquor Control Fund Group | $ | 781,181 | $ | 803,348 | 90476 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 781,181 | $ | 803,348 | 90477 | ||||||
| Section 206.96. LOT STATE LOTTERY COMMISSION | 90479 |
| General Services Fund Group | 90480 |
| 231 | 950-604 | Charitable Gaming Oversight | $ | 1,200,000 | $ | 1,200,000 | 90481 | ||||
| TOTAL GSF General Services Fund Group | $ | 1,200,000 | $ | 1,200,000 | 90482 | ||||||
| State Lottery Fund Group | 90483 |
| 044 | 950-100 | Personal Services | $ | 24,969,422 | $ | 25,457,016 | 90484 | ||||
| 044 | 950-200 | Maintenance | $ | 17,642,894 | $ | 17,954,156 | 90485 | ||||
| 044 | 950-300 | Equipment | $ | 2,517,533 | $ | 2,494,718 | 90486 | ||||
| 044 | 950-402 | Game and Advertising Contracts | $ | 70,524,000 | $ | 70,024,000 | 90487 | ||||
| 044 | 950-500 | Problem Gambling Subsidy | $ | 335,000 | $ | 335,000 | 90488 | ||||
| 044 | 950-601 | Prizes, Bonuses, and Commissions | $ | 150,952,466 | $ | 147,716,286 | 90489 | ||||
| 871 | 950-602 | Annuity Prizes | $ | 148,680,031 | $ | 138,918,557 | 90490 | ||||
| TOTAL SLF State Lottery Fund | 90491 | ||||||||||
| Group | $ | 415,621,346 | $ | 402,899,733 | 90492 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 416,821,346 | $ | 404,099,733 | 90493 | ||||||
| OPERATING EXPENSES | 90494 |
| Notwithstanding sections 127.14 and 131.35 of the Revised | 90495 |
| Code, the Controlling Board may, at the request of the State | 90496 |
| Lottery Commission, authorize additional appropriations for | 90497 |
| operating expenses of the State Lottery Commission from the State | 90498 |
| Lottery Fund up to a maximum of 15 per cent of anticipated total | 90499 |
| revenue accruing from the sale of lottery tickets. | 90500 |
| PRIZES, BONUSES, AND COMMISSIONS | 90501 |
| Any amounts, in addition to the amounts appropriated in | 90502 |
| appropriation item 950-601, Prizes, Bonuses, and Commissions, that | 90503 |
| the Director of the State Lottery Commission determines to be | 90504 |
| necessary to fund prizes, bonuses, and commissions are hereby | 90505 |
| appropriated. | 90506 |
| ANNUITY PRIZES | 90507 |
| With the approval of the Office of Budget and Management, the | 90508 |
| State Lottery Commission shall transfer cash from the State | 90509 |
| Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund | 90510 |
| (Fund 871) in an amount sufficient to fund deferred prizes. The | 90511 |
| Treasurer of State, from time to time, shall credit the Deferred | 90512 |
| Prizes Trust Fund (Fund 871) the pro rata share of interest earned | 90513 |
| by the Treasurer of State on invested balances. | 90514 |
| Any amounts, in addition to the amounts appropriated in | 90515 |
| appropriation item 950-602, Annuity Prizes, that the Director of | 90516 |
| the State Lottery Commission determines to be necessary to fund | 90517 |
| deferred prizes and interest earnings are hereby appropriated. | 90518 |
| TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND | 90519 |
| The Ohio Lottery Commission shall transfer an amount greater | 90520 |
| than or equal to $637,900,000 in fiscal year 2006 and $637,900,000 | 90521 |
| in fiscal year 2007 to the Lottery Profits Education Fund. | 90522 |
| Transfers from the Commission to the Lottery Profits Education | 90523 |
| Fund shall represent the estimated net income from operations for | 90524 |
| the Commission in fiscal year 2006 and fiscal year 2007. Transfers | 90525 |
| by the Commission to the Lottery Profits Education Fund shall be | 90526 |
| administered as the statutes direct. | 90527 |
| Section 206.99. MHC MANUFACTURED HOMES COMMISSION | 90528 |
| General Services Fund Group | 90529 |
| 4K9 | 996-609 | Operating Expenses | $ | 272,500 | $ | 0 | 90530 | ||||
| TOTAL GSF General Services | 90531 | ||||||||||
| Fund Group | $ | 272,500 | $ | 0 | 90532 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 272,500 | $ | 0 | 90533 | ||||||
| INCREASED APPROPRIATION THROUGH CONTROLLING BOARD | 90534 |
| The Manufactured Homes Commission shall seek Controlling | 90535 |
| Board approval in fiscal year 2006 for a planned increase of at | 90536 |
| least $356,250 in appropriation item 996-609, Operating Expenses. | 90537 |
| Section 209.03. MED STATE MEDICAL BOARD | 90538 |
| General Services Fund Group | 90539 |
| 5C6 | 883-609 | Operating Expenses | $ | 7,467,317 | $ | 7,467,317 | 90540 | ||||
| TOTAL GSF General Services | 90541 | ||||||||||
| Fund Group | $ | 7,467,317 | $ | 7,467,317 | 90542 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 7,467,317 | $ | 7,467,317 | 90543 | ||||||
| Section 209.04. AMB MEDICAL TRANSPORTATION BOARD | 90545 |
| General Services Fund Group | 90546 |
| 4N1 | 915-601 | Operating Expenses | $ | 388,450 | $ | 0 | 90547 | ||||
| TOTAL GSF General Services | 90548 | ||||||||||
| Fund Group | $ | 388,450 | $ | 0 | 90549 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 388,450 | $ | 0 | 90550 | ||||||
| Section 209.06. DMH DEPARTMENT OF MENTAL HEALTH | 90552 |
| General Services Fund Group | 90553 |
| 151 | 235-601 | General Administration | $ | 89,614,180 | $ | 93,898,713 | 90554 | ||||
| TOTAL ISF Intragovernmental | 90555 | ||||||||||
| Service Fund Group | $ | 89,614,180 | $ | 93,898,713 | 90556 | ||||||
| 90557 |
| 90558 |
| General Revenue Fund | 90559 |
| GRF | 332-401 | Forensic Services | $ | 4,338,858 | $ | 4,338,858 | 90560 | ||||
| TOTAL GRF General Revenue Fund | $ | 4,338,858 | $ | 4,338,858 | 90561 | ||||||
| FORENSIC SERVICES | 90562 |
| The foregoing appropriation item 332-401, Forensic Services, | 90563 |
| shall be used to provide psychiatric services to courts of common | 90564 |
| pleas. The appropriation shall be allocated through community | 90565 |
| mental health boards to certified community agencies and shall be | 90566 |
| distributed according to the criteria delineated in rule | 90567 |
| 5122:4-1-01 of the Administrative Code. These community forensic | 90568 |
| funds may also be used to provide forensic training to community | 90569 |
| mental health boards and to forensic psychiatry residency programs | 90570 |
| in hospitals operated by the Department of Mental Health and to | 90571 |
| provide evaluations of patients of forensic status in facilities | 90572 |
| operated by the Department of Mental Health prior to conditional | 90573 |
| release to the community. | 90574 |
| In addition, appropriation item 332-401, Forensic Services, | 90575 |
| may be used to support projects involving mental health, substance | 90576 |
| abuse, courts, and law enforcement to identify and develop | 90577 |
| appropriate alternative services to institutionalization for | 90578 |
| nonviolent mentally ill offenders, and to provide linkage to | 90579 |
| community services for severely mentally disabled offenders | 90580 |
| released from institutions operated by the Department of | 90581 |
| Rehabilitation and Correction. Funds may also be utilized to | 90582 |
| provide forensic monitoring and tracking in addition to community | 90583 |
| programs serving persons of forensic status on conditional release | 90584 |
| or probation. | 90585 |
| 90586 |
| 90587 |
| General Revenue Fund | 90588 |
| GRF | 333-321 | Central Administration | $ | 23,853,669 | $ | 23,853,669 | 90589 | ||||
| GRF | 333-402 | Resident Trainees | $ | 1,364,919 | $ | 1,364,919 | 90590 | ||||
| GRF | 333-403 | Pre-Admission Screening Expenses | $ | 650,135 | $ | 650,135 | 90591 | ||||
| GRF | 333-415 | Lease-Rental Payments | $ | 23,296,200 | $ | 23,833,600 | 90592 | ||||
| GRF | 333-416 | Research Program Evaluation | $ | 1,001,551 | $ | 1,001,551 | 90593 | ||||
| TOTAL GRF General Revenue Fund | $ | 50,166,474 | $ | 50,703,874 | 90594 | ||||||
| General Services Fund Group | 90595 |
| 149 | 333-609 | Central Office Rotary - Operating | $ | 883,773 | $ | 893,786 | 90596 | ||||
| 232 | 333-621 | Family and Children First Administration | $ | 625,000 | $ | 625,000 | 90597 | ||||
| TOTAL General Services Fund Group | $ | 1,508,773 | $ | 1,518,786 | 90598 | ||||||
| Federal Special Revenue Fund Group | 90599 |
| 3A6 | 333-608 | Community & Hospital Services | $ | 65,000 | $ | 0 | 90600 | ||||
| 3A8 | 333-613 | Federal Grant - Administration | $ | 562,417 | $ | 512,417 | 90601 | ||||
| 3A9 | 333-614 | Mental Health Block Grant | $ | 748,740 | $ | 748,470 | 90602 | ||||
| 3B1 | 333-635 | Community Medicaid Expansion | $ | 3,671,537 | $ | 3,691,683 | 90603 | ||||
| 324 | 333-605 | Medicaid/Medicare | $ | 150,000 | $ | 150,000 | 90604 | ||||
| TOTAL Federal Special Revenue | 90605 | ||||||||||
| Fund Group | $ | 5,197,694 | $ | 5,102,570 | 90606 | ||||||
| State Special Revenue Fund Group | 90607 |
| 4X5 | 333-607 | Behavioral Health Medicaid Services | $ | 3,000,634 | $ | 3,000,634 | 90608 | ||||
| 5V2 | 333-611 | Non-Federal Miscellaneous | $ | 35,000 | $ | 35,000 | 90609 | ||||
| 485 | 333-632 | Mental Health Operating | $ | 134,233 | $ | 134,233 | 90610 | ||||
| TOTAL State Special Revenue | 90611 | ||||||||||
| Fund Group | $ | 3,169,867 | $ | 3,169,867 | 90612 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 60,042,808 | $ | 60,495,097 | 90613 | ||||||
| RESIDENCY TRAINEESHIP PROGRAMS | 90614 |
| The foregoing appropriation item 333-402, Resident Trainees, | 90615 |
| shall be used to fund training agreements entered into by the | 90616 |
| Department of Mental Health for the development of curricula and | 90617 |
| the provision of training programs to support public mental health | 90618 |
| services. | 90619 |
| PRE-ADMISSION SCREENING EXPENSES | 90620 |
| The foregoing appropriation item 333-403, Pre-Admission | 90621 |
| Screening Expenses, shall be used to pay for costs to ensure that | 90622 |
| uniform statewide methods for pre-admission screening are in place | 90623 |
| to perform assessments for persons in need of mental health | 90624 |
| services or for whom institutional placement in a hospital or in | 90625 |
| another inpatient facility is sought. Pre-admission screening | 90626 |
| includes the following activities: pre-admission assessment, | 90627 |
| consideration of continued stay requests, discharge planning and | 90628 |
| referral, and adjudication of appeals and grievance procedures. | 90629 |
| LEASE-RENTAL PAYMENTS | 90630 |
| The foregoing appropriation item 333-415, Lease-Rental | 90631 |
| Payments, shall be used to meet all payments at the times they are | 90632 |
| required to be made during the period from July 1, 2005, to June | 90633 |
| 30, 2007, by the Department of Mental Health under leases and | 90634 |
| agreements made under section 154.20 of the Revised Code, but | 90635 |
| limited to the aggregate amount of $47,129,800. Nothing in this | 90636 |
| act shall be deemed to contravene the obligation of the state to | 90637 |
| pay, without necessity for further appropriation, from the sources | 90638 |
| pledged thereto, the bond service charges on obligations issued | 90639 |
| under section 154.20 of the Revised Code. | 90640 |
| BEHAVIORAL HEALTH MEDICAID SERVICES | 90641 |
| The Department of Mental Health shall administer specified | 90642 |
| Medicaid Services as delegated by the Department of Job and Family | 90643 |
| Services in an interagency agreement. The foregoing appropriation | 90644 |
| item 333-607, Behavioral Health Medicaid Services, may be used to | 90645 |
| make payments for free-standing psychiatric hospital inpatient | 90646 |
| services as defined in an interagency agreement with the | 90647 |
| Department of Job and Family Services. | 90648 |
| Section 209.06.03. DIVISION OF MENTAL HEALTH - HOSPITALS | 90649 |
| General Revenue Fund | 90650 |
| GRF | 334-408 | Community and Hospital Mental Health Services | $ | 390,424,545 | $ | 400,324,545 | 90651 | ||||
| GRF | 334-506 | Court Costs | $ | 976,652 | $ | 976,652 | 90652 | ||||
| TOTAL GRF General Revenue Fund | $ | 391,401,197 | $ | 401,301,197 | 90653 | ||||||
| General Services Fund Group | 90654 |
| 149 | 334-609 | Hospital Rotary - Operating Expenses | $ | 24,408,053 | $ | 24,408,053 | 90655 | ||||
| 150 | 334-620 | Special Education | $ | 120,930 | $ | 120,930 | 90656 | ||||
| TOTAL GSF General Services | 90657 | ||||||||||
| Fund Group | $ | 24,528,983 | $ | 24,528,983 | 90658 | ||||||
| Federal Special Revenue Fund Group | 90659 |
| 3A6 | 334-608 | Subsidy for Federal Grants | $ | 586,224 | $ | 586,224 | 90660 | ||||
| 3A8 | 334-613 | Federal Letter of Credit | $ | 200,000 | $ | 200,000 | 90661 | ||||
| 3B0 | 334-617 | Elementary and Secondary Education Act | $ | 171,930 | $ | 178,807 | 90662 | ||||
| 3B1 | 334-635 | Hospital Medicaid Expansion | $ | 2,000,000 | $ | 2,000,000 | 90663 | ||||
| 324 | 334-605 | Medicaid/Medicare | $ | 11,764,280 | $ | 11,873,408 | 90664 | ||||
| TOTAL FED Federal Special Revenue | 90665 | ||||||||||
| Fund Group | $ | 14,722,434 | $ | 14,838,439 | 90666 | ||||||
| State Special Revenue Fund Group | 90667 |
| 485 | 334-632 | Mental Health Operating | $ | 2,476,297 | $ | 2,476,297 | 90668 | ||||
| 692 | 334-636 | Community Mental Health Board Risk Fund | $ | 80,000 | $ | 80,000 | 90669 | ||||
| TOTAL SSR State Special Revenue | 90670 | ||||||||||
| Fund Group | $ | 2,556,297 | $ | 2,556,297 | 90671 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 433,208,911 | $ | 443,224,916 | 90672 | ||||||
| COMMUNITY MENTAL HEALTH BOARD RISK FUND | 90673 |
| The foregoing appropriation item 334-636, Community Mental | 90674 |
| Health Board Risk Fund, shall be used to make payments under | 90675 |
| section 5119.62 of the Revised Code. | 90676 |
| Section 209.06.06. DIVISION OF MENTAL HEALTH - COMMUNITY | 90677 |
| SUPPORT SERVICES | 90678 |
| General Revenue Fund | 90679 |
| GRF | 335-404 | Behavioral Health Services-Children | $ | 5,865,265 | $ | 6,865,265 | 90680 | ||||
| GRF | 335-405 | Family & Children First | $ | 2,260,000 | $ | 2,260,000 | 90681 | ||||
| GRF | 335-419 | Community Medication Subsidy | $ | 7,959,798 | $ | 7,959,798 | 90682 | ||||
| GRF | 335-505 | Local Mental Health Systems of Care | $ | 94,687,868 | $ | 99,687,868 | 90683 | ||||
| TOTAL GRF General Revenue Fund | $ | 110,772,931 | $ | 116,772,931 | 90684 | ||||||
| General Services Fund Group | 90685 |
| 4P9 | 335-604 | Community Mental Health Projects | $ | 250,000 | $ | 250,000 | 90686 | ||||
| TOTAL GSF General Services | 90687 | ||||||||||
| Fund Group | $ | 250,000 | $ | 250,000 | 90688 | ||||||
| Federal Special Revenue Fund Group | 90689 |
| 3A6 | 335-608 | Federal Miscellaneous | $ | 1,089,699 | $ | 678,699 | 90690 | ||||
| 3A7 | 335-612 | Social Services Block Grant | $ | 8,657,288 | $ | 8,657,288 | 90691 | ||||
| 3A8 | 335-613 | Federal Grant - Community Mental Health Board Subsidy | $ | 2,407,040 | $ | 2,407,040 | 90692 | ||||
| 3A9 | 335-614 | Mental Health Block Grant | $ | 14,969,400 | $ | 14,969,400 | 90693 | ||||
| 3B1 | 335-635 | Community Medicaid Expansion | $ | 264,088,404 | $ | 282,807,902 | 90694 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 291,211,831 | $ | 309,520,329 | 90695 | ||||||
| State Special Revenue Fund Group | 90696 |
| 5AU | 335-615 | Behavioral Healthcare | $ | 4,690,000 | $ | 4,690,000 | 90697 | ||||
| 5CH | 335-622 | Residential State Supplement | $ | 1,500,000 | $ | 1,500,000 | 90698 | ||||
| 5CS | 335-624 | Adult Emergency Assistance | $ | 4,000,000 | $ | 4,000,000 | 90699 | ||||
| 632 | 335-616 | Community Capital Replacement | $ | 350,000 | $ | 350,000 | 90700 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 10,540,000 | $ | 10,540,000 | 90701 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 412,774,762 | $ | 437,083,260 | 90702 | ||||||
| DEPARTMENT TOTAL | 90703 | ||||||||||
| GENERAL REVENUE FUND | $ | 556,679,460 | $ | 573,116,860 | 90704 | ||||||
| DEPARTMENT TOTAL | 90705 | ||||||||||
| GENERAL SERVICES FUND GROUP | $ | 115,901,936 | $ | 120,196,482 | 90706 | ||||||
| DEPARTMENT TOTAL | 90707 | ||||||||||
| FEDERAL SPECIAL REVENUE | 90708 | ||||||||||
| FUND GROUP | $ | 311,131,959 | $ | 329,461,338 | 90709 | ||||||
| DEPARTMENT TOTAL | 90710 | ||||||||||
| STATE SPECIAL REVENUE FUND GROUP | $ | 16,266,164 | $ | 16,266,164 | 90711 | ||||||
| DEPARTMENT TOTAL | 90712 | ||||||||||
| TOTAL DEPARTMENT OF MENTAL HEALTH | $ | 999,979,519 | $ | 1,039,040,844 | 90713 | ||||||
| Section 209.06.09. COMMUNITY MEDICATION SUBSIDY | 90715 |
| The foregoing appropriation item 335-419, Community | 90716 |
| Medication Subsidy, shall be used to provide subsidized support | 90717 |
| for psychotropic medication needs of indigent citizens in the | 90718 |
| community to reduce unnecessary hospitalization because of lack of | 90719 |
| medication and to provide subsidized support for methadone costs. | 90720 |
| LOCAL MENTAL HEALTH SYSTEMS OF CARE | 90721 |
| The foregoing appropriation item 335-505, Local Mental Health | 90722 |
| Systems of Care, shall be used for mental health services provided | 90723 |
| by community mental health boards in accordance with a community | 90724 |
| mental health plan submitted under section 340.03 of the Revised | 90725 |
| Code and as approved by the Department of Mental Health. | 90726 |
| Of the foregoing appropriation, not less than $34,818,917 in | 90727 |
| fiscal year 2006 and not less than $34,818,917 in fiscal year 2007 | 90728 |
| shall be distributed by the Department of Mental Health on a per | 90729 |
| capita basis to community mental health boards. | 90730 |
| Of the foregoing appropriation, $100,000 in each fiscal year | 90731 |
| shall be used to fund family and consumer education and support. | 90732 |
| BEHAVIORAL HEALTH - CHILDREN | 90733 |
| The foregoing appropriation item 335-404, Behavioral Health | 90734 |
| Services-Children, shall be used to provide behavioral health | 90735 |
| services for children and their families. Behavioral health | 90736 |
| services include mental health and alcohol and other drug | 90737 |
| treatment services and other necessary supports. | 90738 |
| Of the foregoing appropriation item 335-404, Behavioral | 90739 |
| Health Services-Children, an amount up to $5.0 million in fiscal | 90740 |
| year 2006 and $6.0 million in fiscal year 2007 shall be | 90741 |
| distributed to local Alcohol, Drug Addiction, and Mental Health | 90742 |
| Boards; Community Mental Health Boards; and Alcohol and Drug | 90743 |
| Addiction Boards, based upon a formula and an approved children's | 90744 |
| behavioral health transformation plan developed and endorsed by | 90745 |
| the local Family and Children First Council with the leadership | 90746 |
| from the Alcohol, Drug Addiction, and Mental Health Board, or the | 90747 |
| Community Mental Health Board, and the Alcohol and Drug Addiction | 90748 |
| Services Board. The use of these funds shall be approved by a team | 90749 |
| of state and local stakeholders appointed by the Ohio Family and | 90750 |
| Children First Cabinet Council. This team shall be appointed not | 90751 |
| later than July 1, 2005, and shall include, but not be limited to, | 90752 |
| all of the following: | 90753 |
| (A) At least one representative from each of the Departments | 90754 |
| of Alcohol and Drug Addiction Services, Mental Health, Education, | 90755 |
| Health, Job and Family Services, Mental Retardation and | 90756 |
| Developmental Disabilities, and the Department of Youth Services; | 90757 |
| (B) At least one person representing local public children's | 90758 |
| services agencies; | 90759 |
| (C) At least one person representing juvenile courts; | 90760 |
| (D) At least one person representing local Alcohol, Drug | 90761 |
| Addiction, and Mental Health Boards; Community Mental Health | 90762 |
| Boards; and Alcohol and Drug Addiction Boards; | 90763 |
| (E) At least one person representing local Family and | 90764 |
| Children First Council Coordinators; | 90765 |
| (F) At least one family representative. | 90766 |
| Children's behavioral health transformation plans shall be | 90767 |
| congruent with the development and implementation of the process | 90768 |
| described in division (B)(2)(b) of section 121.37 of the Revised | 90769 |
| Code and shall address all of the following as determined by a | 90770 |
| team of state and local stakeholders appointed by the Ohio Family | 90771 |
| and Children First Cabinet Council: | 90772 |
| (A) Specific strategies and actions for use of all funds | 90773 |
| allocated for the Access to Better Care Initiative by all Ohio | 90774 |
| Family and Children First Cabinet Council agencies that will | 90775 |
| further the transformation of the local Children's Behavioral | 90776 |
| Health Care System; | 90777 |
| (B) Providing services to children with behavioral health | 90778 |
| disorders, particularly those with intensive needs, and their | 90779 |
| families, across all child-serving systems, including child | 90780 |
| welfare and juvenile justice and for those youth whose parents | 90781 |
| would otherwise have to relinquish custody to obtain needed | 90782 |
| behavioral health services; | 90783 |
| (C) Assuring that families are included in all service | 90784 |
| planning activities and have access to advocates to assist them if | 90785 |
| they choose; | 90786 |
| (D) Implementation of home-based services and other | 90787 |
| alternatives to out-of-home placement; | 90788 |
| (E) Assuring that all individual service plans for children | 90789 |
| and their families address the academic achievement of the child; | 90790 |
| (F) Coordinating the most efficient and effective use of | 90791 |
| federal, state, and local funds to meet the needs of children and | 90792 |
| their families. | 90793 |
| Funds may be used to support the following services and | 90794 |
| activities: | 90795 |
| (A) Mental health services provided by the Ohio Department of | 90796 |
| Mental Health certified agencies and alcohol and other drug | 90797 |
| services provided by Department of Alcohol and Drug Addiction | 90798 |
| Services certified agencies; | 90799 |
| (B) Services and supports for children and their families | 90800 |
| that further the implementation of their individual service plans; | 90801 |
| (C) Treatment services in out-of-home settings, including | 90802 |
| residential facilities, when other alternatives are not available | 90803 |
| or feasible; | 90804 |
| (D) Administrative support for efforts associated with this | 90805 |
| initiative; | 90806 |
| (E) These funds shall not be used to supplant existing | 90807 |
| efforts. | 90808 |
| The Ohio Family and Children First Cabinet Council appointed | 90809 |
| team shall approve the plans for local behavioral health services | 90810 |
| and ensure the plans are components of and properly coordinated | 90811 |
| with the county service coordination plan as defined in section | 90812 |
| 121.37 of the Revised Code. In addition to approving the plans for | 90813 |
| new behavioral health funding, this team shall design a mechanism | 90814 |
| to provide technical assistance to local communities, monitor the | 90815 |
| plans, and may, as part of the monitoring role, conduct site | 90816 |
| visits. | 90817 |
| Of the foregoing appropriation item 335-404, Behavioral | 90818 |
| Health Services-Children, an amount up to $1.0 million in fiscal | 90819 |
| year 2006 and $1.0 million in fiscal year 2007 shall be used to | 90820 |
| support projects, as determined by the Ohio Family and Children | 90821 |
| First Cabinet Council, in select areas around the state to focus | 90822 |
| on improving behavioral health services for children involved in | 90823 |
| the child welfare and juvenile justice systems. At least one of | 90824 |
| these projects shall focus on services for adolescent girls that | 90825 |
| are involved in or at risk of involvement with the juvenile | 90826 |
| justice system. | 90827 |
| Of the foregoing appropriation item 335-405, Family & | 90828 |
| Children First, an amount up to $500,000 in fiscal year 2006 and | 90829 |
| $500,000 in fiscal year 2007 shall be used for children who do not | 90830 |
| have behavioral health disorders but require assistance through | 90831 |
| the County Family and Children First Council. | 90832 |
| RESIDENTIAL STATE SUPPLEMENT | 90833 |
| The foregoing appropriation item 335-622, Residential State | 90834 |
| Supplement, shall be used to provide subsidized support for | 90835 |
| licensed adult care facilities which serve individuals with mental | 90836 |
| illness. | 90837 |
| ADULT EMERGENCY ASSISTANCE | 90838 |
| The foregoing appropriation item 335-624, Adult Emergency | 90839 |
| Assistance, shall be used by the Department of Mental Health to | 90840 |
| provide pharmaceuticals for adults who are not eligible for | 90841 |
| Medicaid and whose income is below seventy-five per cent of the | 90842 |
| federal poverty guideline. | 90843 |
| Section 209.06.15. The Department of Mental Health, with the | 90844 |
| Bureau of Workers' Compensation, Department of Rehabilitation and | 90845 |
| Correction, the Department of Youth Services, and any other state | 90846 |
| or local government agency that purchases prescription drugs, | 90847 |
| other than the Department of Job and Family Services for the | 90848 |
| purposes of the Medicaid program shall do all of the following: | 90849 |
| (A) Study intrastate consolidated prescription drug | 90850 |
| purchasing systems currently in effect in other states under which | 90851 |
| a single entity administers the state's prescription drug | 90852 |
| purchases; | 90853 |
| (B) Estimate potential cost-savings and other advantages, as | 90854 |
| well as any potential disadvantages, that might result if Ohio | 90855 |
| were to consolidate its executive agencies' prescription drug | 90856 |
| purchases under a prescription drug purchasing program; | 90857 |
| (C) Design a consolidated prescription drug purchasing | 90858 |
| program appropriate to the prescription drug purchasing needs of | 90859 |
| the state, including the following elements: | 90860 |
| (1) The scope and structure of the consolidated prescription | 90861 |
| drug purchasing program; | 90862 |
| (2) A business plan to direct the implementation of the | 90863 |
| program and the transition of prescription drug purchasing from | 90864 |
| the state's executive agencies to the consolidated prescription | 90865 |
| drug purchasing program; | 90866 |
| (3) Identification of the resources required to implement the | 90867 |
| business plan described in division (C)(2) of this section; | 90868 |
| (4) A schedule of the amount of time required to implement | 90869 |
| the business plan described in division (C)(2) of this section. | 90870 |
| (D) By not later than January 1, 2006, prepare and submit a | 90871 |
| written report of its findings to the Governor, the Speaker and | 90872 |
| Minority Leader of the House of Representatives, and the President | 90873 |
| and Minority Leader of the Senate. The report shall include an | 90874 |
| analysis of any costs Ohio may incur in creating a consolidated | 90875 |
| prescription drug purchasing program. | 90876 |
| Section 209.09. DMR DEPARTMENT OF MENTAL RETARDATION AND | 90877 |
| DEVELOPMENTAL DISABILITIES | 90878 |
| Section 209.09.03. GENERAL ADMINISTRATION AND STATEWIDE | 90879 |
| SERVICES | 90880 |
| General Revenue Fund | 90881 |
| GRF | 320-321 | Central Administration | $ | 9,357,877 | $ | 9,357,874 | 90882 | ||||
| GRF | 320-412 | Protective Services | $ | 2,463,000 | $ | 2,463,000 | 90883 | ||||
| GRF | 320-415 | Lease-Rental Payments | $ | 23,296,200 | $ | 23,833,600 | 90884 | ||||
| TOTAL GRF General Revenue Fund | $ | 35,117,077 | $ | 35,654,474 | 90885 | ||||||
| General Services Fund Group | 90886 |
| 4B5 | 320-640 | Conference/Training | $ | 300,000 | $ | 300,000 | 90887 | ||||
| TOTAL GSF General Services | 90888 | ||||||||||
| Fund Group | $ | 300,000 | $ | 300,000 | 90889 | ||||||
| Federal Special Revenue Fund Group | 90890 |
| 3A4 | 320-605 | Administrative Support | $ | 13,492,892 | $ | 13,492,892 | 90891 | ||||
| 3A5 | 320-613 | DD Council Operating | $ | 895,440 | $ | 895,440 | 90892 | ||||
| Expenses | 90893 | ||||||||||
| 325 | 320-634 | Protective Services | $ | 100,000 | $ | 100,000 | 90894 | ||||
| TOTAL FED Federal Special Revenue | 90895 | ||||||||||
| Fund Group | $ | 14,488,332 | $ | 14,488,332 | 90896 | ||||||
| State Special Revenue Fund Group | 90897 | ||||||||||
| 5S2 | 590-622 | Medicaid Administration & Oversight | $ | 8,000,000 | $ | 8,000,000 | 90898 | ||||
| TOTAL SSR State Special Revenue | 90899 | ||||||||||
| Fund Group | $ | 8,000,000 | $ | 8,000,000 | 90900 | ||||||
| TOTAL ALL GENERAL ADMINISTRATION | 90901 | ||||||||||
| AND STATEWIDE SERVICES | 90902 | ||||||||||
| BUDGET FUND GROUPS | $ | 57,905,409 | $ | 58,442,806 | 90903 | ||||||
| LEASE-RENTAL PAYMENTS | 90904 |
| The foregoing appropriation item 320-415, Lease-Rental | 90905 |
| Payments, shall be used to meet all payments at the times they are | 90906 |
| required to be made during the period from July 1, 2005, to June | 90907 |
| 30, 2007, by the Department of Mental Retardation and | 90908 |
| Developmental Disabilities under leases and agreements made under | 90909 |
| section 154.20 of the Revised Code, but limited to the aggregate | 90910 |
| amount of $47,129,800. Nothing in this act shall be deemed to | 90911 |
| contravene the obligation of the state to pay, without necessity | 90912 |
| for further appropriation, from the sources pledged thereto, the | 90913 |
| bond service charges on obligations issued under section 154.20 of | 90914 |
| the Revised Code. | 90915 |
| Section 209.09.06. COMMUNITY SERVICES | 90916 |
| General Revenue Fund | 90917 |
| GRF | 322-405 | State Use Program | $ | 20,000 | $ | 0 | 90918 | ||||
| GRF | 322-413 | Residential and Support Services | $ | 7,423,021 | $ | 7,423,021 | 90919 | ||||
| GRF | 322-416 | Waiver State Match | $ | 103,090,738 | $ | 104,397,504 | 90920 | ||||
| GRF | 322-417 | Supported Living | $ | 43,160,198 | $ | 43,160,198 | 90921 | ||||
| GRF | 322-451 | Family Support Services | $ | 6,938,898 | $ | 6,938,898 | 90922 | ||||
| GRF | 322-452 | Service and Support Administration | $ | 8,672,730 | $ | 8,672,730 | 90923 | ||||
| GRF | 322-501 | County Boards Subsidies | $ | 32,193,542 | $ | 32,193,542 | 90924 | ||||
| GRF | 322-503 | Tax Equity | $ | 14,500,000 | $ | 14,500,000 | 90925 | ||||
| TOTAL GRF General Revenue Fund | $ | 215,999,127 | $ | 217,285,893 | 90926 | ||||||
| General Services Fund Group | 90927 |
| 4J6 | 322-645 | Intersystem Services for Children | $ | 300,000 | $ | 0 | 90928 | ||||
| 4U4 | 322-606 | Community MR and DD Trust | $ | 300,000 | $ | 50,000 | 90929 | ||||
| 488 | 322-603 | Provider Audit Refunds | $ | 350,000 | $ | 350,000 | 90930 | ||||
| TOTAL GSF General Services | 90931 | ||||||||||
| Fund Group | $ | 950,000 | $ | 400,000 | 90932 | ||||||
| Federal Special Revenue Fund Group | 90933 |
| 3A4 | 322-605 | Community Program Support | $ | 1,500,000 | $ | 1,500,000 | 90934 | ||||
| 3A5 | 322-613 | DD Council Grants | $ | 3,204,240 | $ | 3,204,240 | 90935 | ||||
| 3G6 | 322-639 | Medicaid Waiver | $ | 373,772,814 | $ | 373,772,814 | 90936 | ||||
| 3M7 | 322-650 | CAFS Medicaid | $ | 125,924,299 | $ | 103,773,730 | 90937 | ||||
| 325 | 322-608 | Grants for Infants and Families with Disabilities | $ | 1,763,165 | $ | 1,763,165 | 90938 | ||||
| 325 | 322-612 | Community Social Service Programs | $ | 11,500,000 | $ | 11,500,000 | 90939 | ||||
| TOTAL FED Federal Special Revenue | 90940 | ||||||||||
| Fund Group | $ | 517,664,518 | $ | 495,513,949 | 90941 | ||||||
| State Special Revenue Fund Group | 90942 |
| 4K8 | 322-604 | Waiver - Match | $ | 12,000,000 | $ | 12,000,000 | 90943 | ||||
| 5H0 | 322-619 | Medicaid Repayment | $ | 25,000 | $ | 25,000 | 90944 | ||||
| 5Z1 | 322-624 | County Board Waiver Match | $ | 82,000,000 | $ | 82,000,000 | 90945 | ||||
| TOTAL SSR State Special Revenue | 90946 | ||||||||||
| Fund Group | $ | 94,025,000 | $ | 94,025,000 | 90947 | ||||||
| TOTAL ALL COMMUNITY SERVICES | 90948 | ||||||||||
| BUDGET FUND GROUPS | $ | 828,638,645 | $ | 807,224,842 | 90949 | ||||||
| RESIDENTIAL AND SUPPORT SERVICES | 90950 |
| The Department of Mental Retardation and Developmental | 90951 |
| Disabilities may designate a portion of appropriation item | 90952 |
| 322-413, Residential and Support Services, for the following: | 90953 |
| (A) Sermak Class Services used to implement the requirements | 90954 |
| of the agreement settling the consent decree in Sermak v. Manuel, | 90955 |
| Case No. c-2-80-220, United States District Court for the Southern | 90956 |
| District of Ohio, Eastern Division; | 90957 |
| (B) Medicaid-reimbursed programs other than home and | 90958 |
| community-based waiver services, in an amount not to exceed | 90959 |
| $1,000,000 in each fiscal year, that enable persons with mental | 90960 |
| retardation and developmental disabilities to live in the | 90961 |
| community. | 90962 |
| WAIVER STATE MATCH | 90963 |
| The purposes for which the foregoing appropriation item | 90964 |
| 322-416, Waiver State Match, shall be used include the following: | 90965 |
| (A) Home and community-based waiver services under Title XIX | 90966 |
| of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, | 90967 |
| as amended. | 90968 |
| (B) Services contracted by county boards of mental | 90969 |
| retardation and developmental disabilities. | 90970 |
| (C) To pay the nonfederal share of the cost of one or more | 90971 |
| new intermediate-care-facility-for-the-mentally-retarded certified | 90972 |
| beds in a county where the county board of mental retardation and | 90973 |
| developmental disabilities does not initiate or support the | 90974 |
| development or certification of such beds, if the Director of | 90975 |
| Mental Retardation and Developmental Disabilities is required by | 90976 |
| this act to transfer to the Director of Job and Family Services | 90977 |
| funds to pay such nonfederal share. | 90978 |
| The Department of Mental Retardation and Developmental | 90979 |
| Disabilities may designate a portion of appropriation item | 90980 |
| 322-416, Waiver State Match, to county boards of mental | 90981 |
| retardation and developmental disabilities that have greater need | 90982 |
| for various residential and support services because of a low | 90983 |
| percentage of residential and support services development in | 90984 |
| comparison to the number of individuals with mental retardation or | 90985 |
| developmental disabilities in the county. | 90986 |
| Of the foregoing appropriation item 322-416, Waiver State | 90987 |
| Match, $9,850,000 in each year of the biennium shall be | 90988 |
| distributed by the Department to county boards of mental | 90989 |
| retardation and developmental disabilities to support existing | 90990 |
| residential facilities waiver and individual options waiver | 90991 |
| related to Medicaid activities provided for in the component of a | 90992 |
| county board's plan developed under division (A)(2) of section | 90993 |
| 5126.054 of the Revised Code and approved under section 5123.046 | 90994 |
| of the Revised Code. Up to $3,000,000 of these funds in each | 90995 |
| fiscal year may be used to implement day-to-day program management | 90996 |
| services under division (A)(2) of section 5126.054 of the Revised | 90997 |
| Code. Up to $4,200,000 in each fiscal year may be used to | 90998 |
| implement the program and health and welfare requirements of | 90999 |
| division (A)(2) of section 5126.054 of the Revised Code. | 91000 |
| In fiscal years 2006 and 2007 not less than $2,650,000 of | 91001 |
| these funds shall be used to recruit and retain, under division | 91002 |
| (A)(2) of section 5126.054 of the Revised Code, the direct care | 91003 |
| staff necessary to implement the services included in an | 91004 |
| individualized service plan in a manner that ensures the health | 91005 |
| and welfare of the individuals being served. | 91006 |
| The method utilized by the department to determine each | 91007 |
| residential facilities wavier and individual options provider's | 91008 |
| allocation of such funds in fiscal year 2005 shall be used for | 91009 |
| allocation purposes to such providers in fiscal years 2006 and | 91010 |
| 2007, respectively. | 91011 |
| SUPPORTED LIVING | 91012 |
| The purposes for which the foregoing appropriation item | 91013 |
| 322-417, Supported Living, shall be used include supported living | 91014 |
| services contracted by county boards of mental retardation and | 91015 |
| developmental disabilities under sections 5126.40 to 5126.47 of | 91016 |
| the Revised Code and paying the nonfederal share of the cost of | 91017 |
| one or more new | 91018 |
| intermediate-care-facility-for-the-mentally-retarded certified | 91019 |
| beds in a county where the county board of mental retardation and | 91020 |
| developmental disabilities does not initiate or support the | 91021 |
| development or certification of such beds, if the Director of | 91022 |
| Mental Retardation and Developmental Disabilities is required by | 91023 |
| this act to transfer to the Director of Job and Family Services | 91024 |
| funds to pay such nonfederal share. | 91025 |
| OTHER RESIDENTIAL AND SUPPORT SERVICE PROGRAMS | 91026 |
| Notwithstanding Chapters 5123. and 5126. of the Revised Code, | 91027 |
| the Department of Mental Retardation and Developmental | 91028 |
| Disabilities may develop residential and support service programs | 91029 |
| funded by appropriation item 322-413, Residential and Support | 91030 |
| Services; appropriation item 322-416, Waiver State Match; or | 91031 |
| appropriation item 322-417, Supported Living, that enable persons | 91032 |
| with mental retardation and developmental disabilities to live in | 91033 |
| the community. Notwithstanding Chapter 5121. and section 5123.122 | 91034 |
| of the Revised Code, the Department may waive the support | 91035 |
| collection requirements of those statutes for persons in community | 91036 |
| programs developed by the Department under this section. The | 91037 |
| Department shall adopt rules under Chapter 119. of the Revised | 91038 |
| Code or may use existing rules for the implementation of these | 91039 |
| programs. | 91040 |
| FAMILY SUPPORT SERVICES | 91041 |
| Notwithstanding sections 5123.171, 5123.19, 5123.20, and | 91042 |
| 5126.11 of the Revised Code, the Department of Mental Retardation | 91043 |
| and Developmental Disabilities may implement programs funded by | 91044 |
| appropriation item 322-451, Family Support Services, to provide | 91045 |
| assistance to persons with mental retardation or developmental | 91046 |
| disabilities and their families who are living in the community. | 91047 |
| The department shall adopt rules to implement these programs. The | 91048 |
| department may also use the foregoing appropriation item 322-451, | 91049 |
| Family Support Services, to pay the nonfederal share of the cost | 91050 |
| of one or more new | 91051 |
| intermediate-care-facility-for-the-mentally-retarded certified | 91052 |
| beds in a county where the county board of mental retardation and | 91053 |
| developmental disabilities initiates or supports the development | 91054 |
| or certification of such beds, if the Director of Mental | 91055 |
| Retardation and Developmental Disabilities is required by this act | 91056 |
| to transfer to the Director of Job and Family Services funds to | 91057 |
| pay such nonfederal share. | 91058 |
| SERVICE AND SUPPORT ADMINISTRATION | 91059 |
| The foregoing appropriation item 322-452, Service and Support | 91060 |
| Administration, shall be allocated to county boards of mental | 91061 |
| retardation and developmental disabilities for the purpose of | 91062 |
| providing service and support administration services and to | 91063 |
| assist in bringing state funding for all department-approved | 91064 |
| service and support administrators within county boards of mental | 91065 |
| retardation and developmental disabilities to the level authorized | 91066 |
| in division (C) of section 5126.15 of the Revised Code. The | 91067 |
| department may request approval from the Controlling Board to | 91068 |
| transfer any unobligated appropriation authority from other state | 91069 |
| General Revenue Fund appropriation items within the department's | 91070 |
| budget to appropriation item 322-452, Service and Support | 91071 |
| Administration, to be used to meet the statutory funding level in | 91072 |
| division (C) of section 5126.15 of the Revised Code. | 91073 |
| Notwithstanding division (C) of section 5126.15 of the | 91074 |
| Revised Code and subject to funding in appropriation item 322-452, | 91075 |
| Service and Support Administration, no county may receive less | 91076 |
| than its allocation in fiscal year 1995. Wherever case management | 91077 |
| services are referred to in any law, contract, or other document, | 91078 |
| the reference shall be deemed to refer to service and support | 91079 |
| administration. No action or proceeding pending on the effective | 91080 |
| date of this section is affected by the renaming of case | 91081 |
| management services as service and support administration. | 91082 |
| The Department of Mental Retardation and Developmental | 91083 |
| Disabilities shall adopt, amend, and rescind rules as necessary to | 91084 |
| reflect the renaming of case management services as service and | 91085 |
| support administration. All boards of mental retardation and | 91086 |
| developmental disabilities and the entities with which they | 91087 |
| contract for services shall rename the titles of their employees | 91088 |
| who provide service and support administration. All boards and | 91089 |
| contracting entities shall make corresponding changes to all | 91090 |
| employment contracts. | 91091 |
| The Department also may use the foregoing appropriation item | 91092 |
| 322-452, Service and Support Administration, to pay the nonfederal | 91093 |
| share of the cost of one or more new | 91094 |
| intermediate-care-facility-for-the-mentally-retarded certified | 91095 |
| beds in a county where the county board of mental retardation and | 91096 |
| developmental disabilities initiates or supports the development | 91097 |
| or certification of such beds, if the Director of Mental | 91098 |
| Retardation and Developmental Disabilities is required by this act | 91099 |
| to transfer to the Director of Job and Family Services funds to | 91100 |
| pay such nonfederal share. | 91101 |
| STATE SUBSIDIES TO MR/DD BOARDS | 91102 |
| Notwithstanding section 5126.12 of the Revised Code, for | 91103 |
| fiscal year 2006, the Department shall, if sufficient funds as | 91104 |
| determined by the Department are available, use the foregoing | 91105 |
| appropriation item 322-501, County Boards Subsidies, to pay each | 91106 |
| county board of mental retardation and developmental disabilities | 91107 |
| an amount that is equal to the amount such board received in | 91108 |
| fiscal year 2005. If the Department determines that there are not | 91109 |
| sufficient funds available in appropriation item 322-501, County | 91110 |
| Boards Subsidies, for this purpose, the Department shall pay to | 91111 |
| each county board an amount that is proportionate to the amount | 91112 |
| such board received in fiscal year 2005. Proportionality shall be | 91113 |
| determined by comparing the payment a county board received in a | 91114 |
| category in fiscal year 2005 to the total payments distributed to | 91115 |
| all county boards for such category in fiscal year 2005. For | 91116 |
| fiscal year 2007, the Department shall pay to each county board an | 91117 |
| amount that is determined by an allocation formula to be developed | 91118 |
| by the Department that considers the applicable factors in section | 91119 |
| 5126.12 of the Revised Code. | 91120 |
| The Department also may use the foregoing appropriation item | 91121 |
| 322-501, County Boards Subsidies, to pay the nonfederal share of | 91122 |
| the cost of one or more new | 91123 |
| intermediate-care-facility-for-the-mentally-retarded certified | 91124 |
| beds in a county where the county board of mental retardation and | 91125 |
| developmental disabilities initiates or supports the development | 91126 |
| or certification of such beds, if the Director of Mental | 91127 |
| Retardation and Developmental Disabilities is required by this act | 91128 |
| to transfer to the Director of Job and Family Services funds to | 91129 |
| pay such nonfederal share. | 91130 |
| WAIVER - MATCH | 91131 |
| The foregoing appropriation item 322-604, Waiver - Match | 91132 |
| (Fund 4K8), shall be used as state matching funds for the home and | 91133 |
| community-based waivers. | 91134 |
| COUNTY BOARD WAIVER MATCH | 91135 |
| The Director of Mental Retardation and Developmental | 91136 |
| Disabilities shall transfer, through intrastate transfer vouchers, | 91137 |
| cash from any allowable General Revenue Fund appropriation item to | 91138 |
| Fund 5Z1, appropriation item 322-624, County Board Waiver Match. | 91139 |
| (The amounts being transferred reflect the amounts that county | 91140 |
| boards pledge from their state General Revenue Funds allocations | 91141 |
| to cover the cost of providing the non-federal match for waiver | 91142 |
| services.) | 91143 |
| TRANSFER OF FUNDS FOR THE FAMILY AND CHILDREN FIRST CABINET | 91144 |
| COUNCIL TO THE DEPARTMENT OF MENTAL HEALTH | 91145 |
| On July 1, 2005, or as soon as possible thereafter, the | 91146 |
| Director of Mental Retardation and Developmental Disabilities | 91147 |
| shall certify the remaining cash balance in Fund 4V1, | 91148 |
| Miscellaneous Use, to the Director of Budget and Management. Upon | 91149 |
| receipt of the certification, the Director of Budget and | 91150 |
| Management shall transfer that amount and re-establish existing | 91151 |
| encumbrances in the Department of Mental Health, Fund 232, Family | 91152 |
| and Children First Administration Fund. When this transfer has | 91153 |
| been completed, Fund 4V1 shall be abolished. | 91154 |
| On November 1, 2005, or as soon as possible thereafter, the | 91155 |
| Director of Mental Retardation and Developmental Disabilities | 91156 |
| shall certify the remaining cash balance in Fund 4J6, Youth | 91157 |
| Cluster, to the Director of Budget and Management, who upon | 91158 |
| receipt shall transfer that amount to the General Revenue Fund and | 91159 |
| increase the Department of Mental Health's GRF appropriation item | 91160 |
| 335-404, Behavioral Health Services-Children, by the same amount. | 91161 |
| When this transfer has been completed, Fund 4J6 shall be | 91162 |
| abolished. | 91163 |
| Section 209.09.09. COMMUNITY ALTERNATIVE FUNDING SYSTEM | 91164 |
| (A) As used in this section, "habilitation center services" | 91165 |
| has the same meaning as in former section 5111.041 of the Revised | 91166 |
| Code as that section existed on June 30, 2005. | 91167 |
| (B) The Department of Mental Retardation and Developmental | 91168 |
| Disabilities may use funds appropriated to the Department for the | 91169 |
| purpose of habilitation center services to satisfy a claim or | 91170 |
| contingent claim for habilitation center services provided before | 91171 |
| July 1, 2005, if the Department receives the claim or contingent | 91172 |
| claim before July 1, 2006. The Department has no liability to | 91173 |
| satisfy either of the following: | 91174 |
| (1) A claim for habilitation center services provided before | 91175 |
| July 1, 2005, if the Department receives the claim on or after | 91176 |
| July 1, 2006. | 91177 |
| (2) A claim for habilitation center services provided on or | 91178 |
| after July 1, 2005. | 91179 |
| (C) The Department of Mental Retardation and Developmental | 91180 |
| Disabilities may inform individuals who received habilitation | 91181 |
| center services under the community alternative funding system on | 91182 |
| June 30, 2005, and such individuals' representatives about | 91183 |
| alternative services that may be available for the individuals. | 91184 |
| The Department may require county boards of mental retardation and | 91185 |
| developmental disabilities to provide such information to the | 91186 |
| individuals and their representatives. | 91187 |
| Section 209.09.12. DEVELOPMENTAL CENTER PROGRAM TO DEVELOP A | 91188 |
| MODEL BILLING FOR SERVICES RENDERED | 91189 |
| Developmental centers of the Department of Mental Retardation | 91190 |
| and Developmental Disabilities may provide services to persons | 91191 |
| with mental retardation or developmental disabilities living in | 91192 |
| the community or to providers of services to these persons. The | 91193 |
| department may develop a method for recovery of all costs | 91194 |
| associated with the provisions of these services. | 91195 |
| Section 209.09.15. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER | 91196 |
| PHARMACY PROGRAMS | 91197 |
| The Department of Mental Retardation and Developmental | 91198 |
| Disabilities shall pay the Department of Job and Family Services | 91199 |
| quarterly, through intrastate transfer voucher, the nonfederal | 91200 |
| share of Medicaid prescription drug claim costs for all | 91201 |
| developmental centers paid by the Department of Job and Family | 91202 |
| Services. | 91203 |
| Section 209.09.16. TRANSFER OF ADMINISTRATION OF FAMILY AND | 91204 |
| CHILDREN FIRST | 91205 |
| The Department of Mental Retardation and Developmental | 91206 |
| Disabilities shall transfer the administrative duties related to | 91207 |
| the operation of the Ohio Family and Children First Cabinet | 91208 |
| Council to the Department of Mental Health. As part of the | 91209 |
| transfer, all of the following shall occur on July 1, 2005, or as | 91210 |
| soon as possible thereafter as the Departments of Mental | 91211 |
| Retardation and Developmental Disabilities and Mental Health are | 91212 |
| able to make the transfers: | 91213 |
| (A) Individuals employed by the Department of Mental | 91214 |
| Retardation and Developmental Disabilities on June 30, 2005, to | 91215 |
| perform administrative functions for the Ohio Family and Children | 91216 |
| First Cabinet Council shall be transferred to the Department of | 91217 |
| Mental Health. | 91218 |
| (B) The assets, liabilities, equipment, and records, | 91219 |
| irrespective of form or medium, related to the administrative | 91220 |
| duties of the Ohio Family and Children First Cabinet Council shall | 91221 |
| transfer or be transferred to the Department of Mental Health; | 91222 |
| (C) The Department of Mental Health shall assume the | 91223 |
| obligations of the Ohio Family and Children First Cabinet | 91224 |
| Council's administrative duties. | 91225 |
| Section 209.09.18. RESIDENTIAL FACILITIES | 91226 |
| General Revenue Fund | 91227 |
| GRF | 323-321 | Residential Facilities | $ | 101,764,366 | $ | 100,457,600 | 91228 | ||||
| Operations | 91229 | ||||||||||
| TOTAL GRF General Revenue Fund | $ | 101,764,366 | $ | 100,457,600 | 91230 | ||||||
| General Services Fund Group | 91231 |
| 152 | 323-609 | Residential Facilities | $ | 912,177 | $ | 912,177 | 91232 | ||||
| Support | 91233 | ||||||||||
| TOTAL GSF General Services | 91234 | ||||||||||
| Fund Group | $ | 912,177 | $ | 912,177 | 91235 | ||||||
| Federal Special Revenue Fund Group | 91236 |
| 3A4 | 323-605 | Developmental Center Operation Expenses | $ | 120,000,000 | $ | 120,000,000 | 91237 | ||||
| 325 | 323-608 | Foster Grandparent Program | $ | 575,000 | $ | 575,000 | 91238 | ||||
| TOTAL FED Federal Special Revenue | 91239 | ||||||||||
| Fund Group | $ | 120,575,000 | $ | 120,575,000 | 91240 | ||||||
| State Special Revenue Fund Group | 91241 |
| 221 | 322-620 | Supplement Service Trust | $ | 150,000 | $ | 150,000 | 91242 | ||||
| 489 | 323-632 | Developmental Center Direct Care Support | $ | 12,125,628 | $ | 12,125,628 | 91243 | ||||
| TOTAL SSR State Special Revenue | 91244 | ||||||||||
| Fund Group | $ | 12,275,628 | $ | 12,275,628 | 91245 | ||||||
| TOTAL ALL RESIDENTIAL FACILITIES | 91246 | ||||||||||
| BUDGET FUND GROUPS | $ | 235,527,171 | $ | 234,220,405 | 91247 | ||||||
| DEPARTMENT TOTAL | 91248 | ||||||||||
| GENERAL REVENUE FUND | $ | 352,880,570 | $ | 353,397,967 | 91249 | ||||||
| DEPARTMENT TOTAL | 91250 | ||||||||||
| GENERAL SERVICES FUND GROUP | $ | 2,162,177 | $ | 1,612,177 | 91251 | ||||||
| DEPARTMENT TOTAL | 91252 | ||||||||||
| FEDERAL SPECIAL REVENUE FUND GROUP | $ | 652,727,850 | $ | 630,577,281 | 91253 | ||||||
| DEPARTMENT TOTAL | 91254 | ||||||||||
| STATE SPECIAL REVENUE FUND GROUP | $ | 114,300,628 | $ | 114,300,628 | 91255 | ||||||
| TOTAL DEPARTMENT OF MENTAL | 91256 | ||||||||||
| RETARDATION AND DEVELOPMENTAL | 91257 | ||||||||||
| DISABILITIES | $ | 1,122,071,225 | $ | 1,099,888,053 | 91258 | ||||||
| Section 209.09.21. (A) As used in this section: | 91260 |
| (1) "Family support services," "home and community-based | 91261 |
| services," "service and support administration," and "supported | 91262 |
| living" have the same meaning as in section 5126.01 of the Revised | 91263 |
| Code. | 91264 |
| (2) "Intermediate care facility for the mentally retarded" | 91265 |
| has the same meaning as in section 5111.20 of the Revised Code. | 91266 |
| (B) If one or more new beds obtain certification as an | 91267 |
| intermediate-care-facility-for-the-mentally-retarded bed on or | 91268 |
| after the effective date of this section, the Director of Mental | 91269 |
| Retardation and Developmental Disabilities shall transfer funds to | 91270 |
| the Department of Job and Family Services to pay the nonfederal | 91271 |
| share of the cost under the Medicaid Program for those beds. The | 91272 |
| Director shall use only the following funds for the transfer: | 91273 |
| (1) If the beds are located in a county served by a county | 91274 |
| board of mental retardation and developmental disabilities that | 91275 |
| does not initiate or support the beds' certification, funds | 91276 |
| appropriated to the Department of Mental Retardation and | 91277 |
| Developmental Disabilities for home and community-based services | 91278 |
| and supported living for which the Director is authorized to make | 91279 |
| allocations to county boards; | 91280 |
| (2) If the beds are located in a county served by a county | 91281 |
| board that initiates or supports the beds' certification, funds | 91282 |
| appropriated to the Department for family support services, | 91283 |
| service and support administration, and other services for which | 91284 |
| the Director is authorized to make allocations to counties. | 91285 |
| (C) The funds that the Director transfers under division | 91286 |
| (B)(2) of this section shall be funds that the Director has | 91287 |
| allocated to the county board serving the county in which the beds | 91288 |
| are located unless the amount of the allocation is insufficient to | 91289 |
| pay the entire nonfederal share of the cost under the Medicaid | 91290 |
| Program for those beds. If the allocation is insufficient, the | 91291 |
| Director shall use as much of such funds allocated to other | 91292 |
| counties as is needed to make up the difference. | 91293 |
| Section 209.09.24. HABILITATION CENTERS PROVIDING MEDICAID | 91294 |
| CASE MANAGEMENT SERVICES | 91295 |
| A habilitation center holding on June 30, 2005, a valid | 91296 |
| certificate issued under former section 5123.041 of the Revised | 91297 |
| Code may provide Medicaid case management services until the | 91298 |
| earlier of the following: | 91299 |
| (A) The date the United States Secretary of Health and Human | 91300 |
| Services approves an amendment to the state Medicaid plan that | 91301 |
| provides that only county boards of mental retardation and | 91302 |
| developmental disabilities may provide Medicaid case management | 91303 |
| services; | 91304 |
| (B) The habilitation center ceases to meet the requirements | 91305 |
| that were in effect on June 30, 2005, for the certificate issued | 91306 |
| under former section 5123.041 of the Revised Code. | 91307 |
| Section 209.09.27. INTENT OF SECTION 5123.045 OF THE REVISED | 91308 |
| CODE | 91309 |
| The legislative intent of section 5123.045 of the Revised | 91310 |
| Code is to continue the requirement that payment for home and | 91311 |
| community-based waiver services is limited to settings of not more | 91312 |
| than four individuals and/or the owner of the residence is not the | 91313 |
| provider of the services to the individuals living in that | 91314 |
| residence. | 91315 |
| Section 209.12. MIH COMMISSION ON MINORITY HEALTH | 91316 |
| General Revenue Fund | 91317 |
| GRF | 149-321 | Operating Expenses | $ | 539,319 | $ | 539,319 | 91318 | ||||
| GRF | 149-501 | Minority Health Grants | $ | 670,965 | $ | 670,965 | 91319 | ||||
| GRF | 149-502 | Lupus Program | $ | 136,126 | $ | 136,126 | 91320 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,346,410 | $ | 1,346,410 | 91321 | ||||||
| Federal Special Revenue Fund Group | 91322 |
| 3J9 | 149-602 | Federal Grants | $ | 150,000 | $ | 150,000 | 91323 | ||||
| TOTAL FED Federal Special Revenue | 91324 | ||||||||||
| Fund Group | $ | 150,000 | $ | 150,000 | 91325 | ||||||
| State Special Revenue Fund Group | 91326 |
| 4C2 | 149-601 | Minority Health Conference | $ | 250,000 | $ | 150,000 | 91327 | ||||
| TOTAL SSR State Special Revenue | 91328 | ||||||||||
| Fund Group | $ | 250,000 | $ | 150,000 | 91329 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,746,410 | $ | 1,646,410 | 91330 | ||||||
| LUPUS PROGRAM | 91331 |
| The foregoing appropriation item 149-502, Lupus Program, | 91332 |
| shall be used to provide grants for programs in patient, public, | 91333 |
| and professional education on the subject of systemic lupus | 91334 |
| erythemtosus; to encourage and develop local centers on lupus | 91335 |
| information gathering and screening; and to provide outreach to | 91336 |
| minority women. | 91337 |
| Section 209.15. CRB MOTOR VEHICLE COLLISION REPAIR | 91338 |
| REGISTRATION BOARD | 91339 |
| General Service Fund Group | 91340 |
| 5H9 | 865-609 | Operating Expenses - CRB | $ | 325,047 | $ | 0 | 91341 | ||||
| TOTAL GSF General Services | 91342 | ||||||||||
| Fund Group | $ | 325,047 | $ | 0 | 91343 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 325,047 | $ | 0 | 91344 | ||||||
| Section 209.18. DNR DEPARTMENT OF NATURAL RESOURCES | 91346 |
| General Revenue Fund | 91347 |
| GRF | 725-401 | Wildlife-GRF Central Support | $ | 1,000,000 | $ | 1,000,000 | 91348 | ||||
| GRF | 725-404 | Fountain Square Rental Payments - OBA | $ | 1,025,300 | $ | 1,092,000 | 91349 | ||||
| GRF | 725-407 | Conservation Reserve Enhancement Program | $ | 1,000,000 | $ | 1,000,000 | 91350 | ||||
| GRF | 725-413 | OPFC Lease Rental Payments | $ | 18,699,100 | $ | 20,962,800 | 91351 | ||||
| GRF | 725-423 | Stream and Ground Water Gauging | $ | 311,910 | $ | 311,910 | 91352 | ||||
| GRF | 725-425 | Wildlife License Reimbursement | $ | 646,319 | $ | 646,319 | 91353 | ||||
| GRF | 725-456 | Canal Lands | $ | 332,859 | $ | 332,859 | 91354 | ||||
| GRF | 725-502 | Soil and Water Districts | $ | 9,836,436 | $ | 9,836,436 | 91355 | ||||
| GRF | 725-903 | Natural Resources General Obligation Debt Service | $ | 25,866,000 | $ | 24,359,100 | 91356 | ||||
| GRF | 727-321 | Division of Forestry | $ | 8,541,511 | $ | 8,541,511 | 91357 | ||||
| GRF | 728-321 | Division of Geological Survey | $ | 1,630,000 | $ | 1,630,000 | 91358 | ||||
| GRF | 729-321 | Office of Information Technology | $ | 440,895 | $ | 440,895 | 91359 | ||||
| GRF | 730-321 | Division of Parks and Recreation | $ | 37,924,841 | $ | 39,874,841 | 91360 | ||||
| GRF | 731-321 | Office of Coastal Management | $ | 259,707 | $ | 259,707 | 91361 | ||||
| GRF | 733-321 | Division of Water | $ | 3,207,619 | $ | 3,207,619 | 91362 | ||||
| GRF | 736-321 | Division of Engineering | $ | 3,118,703 | $ | 3,118,703 | 91363 | ||||
| GRF | 737-321 | Division of Soil and Water | $ | 4,074,788 | $ | 4,074,788 | 91364 | ||||
| GRF | 738-321 | Division of Real Estate and Land Management | $ | 2,291,874 | $ | 2,291,874 | 91365 | ||||
| GRF | 741-321 | Division of Natural Areas and Preserves | $ | 3,009,505 | $ | 3,009,505 | 91366 | ||||
| GRF | 744-321 | Division of Mineral Resources Management | $ | 3,068,167 | $ | 3,068,167 | 91367 | ||||
| TOTAL GRF General Revenue Fund | $ | 126,285,534 | $ | 129,059,034 | 91368 | ||||||
| General Services Fund Group | 91369 |
| 155 | 725-601 | Departmental Projects | $ | 3,135,821 | $ | 3,011,726 | 91370 | ||||
| 157 | 725-651 | Central Support Indirect | $ | 6,528,675 | $ | 6,528,675 | 91371 | ||||
| 204 | 725-687 | Information Services | $ | 4,676,627 | $ | 4,676,627 | 91372 | ||||
| 206 | 725-689 | REALM Support Services | $ | 475,000 | $ | 475,000 | 91373 | ||||
| 207 | 725-690 | Real Estate Services | $ | 64,000 | $ | 64,000 | 91374 | ||||
| 223 | 725-665 | Law Enforcement Administration | $ | 2,096,225 | $ | 2,096,225 | 91375 | ||||
| 227 | 725-406 | Parks Projects Personnel | $ | 175,000 | $ | 110,000 | 91376 | ||||
| 4D5 | 725-618 | Recycled Materials | $ | 50,000 | $ | 50,000 | 91377 | ||||
| 4S9 | 725-622 | NatureWorks Personnel | $ | 472,648 | $ | 307,648 | 91378 | ||||
| 4X8 | 725-662 | Water Resources Council | $ | 125,000 | $ | 125,000 | 91379 | ||||
| 430 | 725-671 | Canal Lands | $ | 797,582 | $ | 847,582 | 91380 | ||||
| 508 | 725-684 | Natural Resources Publications | $ | 157,792 | $ | 157,792 | 91381 | ||||
| 510 | 725-631 | Maintenance - State-owned Residences | $ | 260,849 | $ | 260,849 | 91382 | ||||
| 516 | 725-620 | Water Management | $ | 2,442,956 | $ | 2,459,120 | 91383 | ||||
| 635 | 725-664 | Fountain Square Facilities Management | $ | 3,182,223 | $ | 3,190,223 | 91384 | ||||
| 697 | 725-670 | Submerged Lands | $ | 542,011 | $ | 542,011 | 91385 | ||||
| TOTAL GSF General Services | 91386 | ||||||||||
| Fund Group | $ | 25,182,409 | $ | 24,902,478 | 91387 | ||||||
| Federal Special Revenue Fund Group | 91388 |
| 3B3 | 725-640 | Federal Forest Pass-Thru | $ | 150,000 | $ | 150,000 | 91389 | ||||
| 3B4 | 725-641 | Federal Flood Pass-Thru | $ | 350,000 | $ | 350,000 | 91390 | ||||
| 3B5 | 725-645 | Federal Abandoned Mine Lands | $ | 14,310,497 | $ | 14,307,666 | 91391 | ||||
| 3B6 | 725-653 | Federal Land and Water Conservation Grants | $ | 5,000,000 | $ | 5,000,000 | 91392 | ||||
| 3B7 | 725-654 | Reclamation - Regulatory | $ | 2,107,292 | $ | 2,107,291 | 91393 | ||||
| 3P0 | 725-630 | Natural Areas and Preserves - Federal | $ | 315,000 | $ | 315,000 | 91394 | ||||
| 3P1 | 725-632 | Geological Survey - Federal | $ | 479,651 | $ | 479,651 | 91395 | ||||
| 3P2 | 725-642 | Oil and Gas-Federal | $ | 362,933 | $ | 367,912 | 91396 | ||||
| 3P3 | 725-650 | Coastal Management - Federal | $ | 1,592,923 | $ | 1,607,686 | 91397 | ||||
| 3P4 | 725-660 | Water - Federal | $ | 419,766 | $ | 420,525 | 91398 | ||||
| 3R5 | 725-673 | Acid Mine Drainage Abatement/Treatment | $ | 2,225,000 | $ | 2,225,000 | 91399 | ||||
| 3Z5 | 725-657 | REALM-Federal | $ | 1,578,871 | $ | 1,578,871 | 91400 | ||||
| 328 | 725-603 | Forestry Federal | $ | 1,813,827 | $ | 2,228,081 | 91401 | ||||
| 332 | 725-669 | Federal Mine Safety Grant | $ | 258,102 | $ | 258,102 | 91402 | ||||
| TOTAL FED Federal Special Revenue | 91403 | ||||||||||
| Fund Group | $ | 30,963,862 | $ | 31,395,785 | 91404 | ||||||
| State Special Revenue Fund Group | 91405 |
| 4J2 | 725-628 | Injection Well Review | $ | 93,957 | $ | 79,957 | 91406 | ||||
| 4M7 | 725-631 | Wildfire Suppression | $ | 100,000 | $ | 100,000 | 91407 | ||||
| 4U6 | 725-668 | Scenic Rivers Protection | $ | 407,100 | $ | 407,100 | 91408 | ||||
| 5B3 | 725-674 | Mining Regulation | $ | 28,850 | $ | 28,850 | 91409 | ||||
| 5BV | 725-683 | Soil and Water Districts | $ | 1,850,000 | $ | 1,850,000 | 91410 | ||||
| 5P2 | 725-634 | Wildlife Boater Angler Administration | $ | 4,200,000 | $ | 3,500,000 | 91411 | ||||
| 509 | 725-602 | State Forest | $ | 2,291,664 | $ | 2,591,664 | 91412 | ||||
| 511 | 725-646 | Ohio Geological Mapping | $ | 549,310 | $ | 549,310 | 91413 | ||||
| 512 | 725-605 | State Parks Operations | $ | 26,814,288 | $ | 26,814,288 | 91414 | ||||
| 512 | 725-680 | Parks Facilities Maintenance | $ | 2,576,240 | $ | 2,576,240 | 91415 | ||||
| 514 | 725-606 | Lake Erie Shoreline | $ | 612,075 | $ | 657,113 | 91416 | ||||
| 518 | 725-643 | Oil and Gas Permit Fees | $ | 2,674,377 | $ | 2,674,378 | 91417 | ||||
| 518 | 725-677 | Oil and Gas Well Plugging | $ | 1,200,000 | $ | 1,200,000 | 91418 | ||||
| 521 | 725-627 | Off-Road Vehicle Trails | $ | 143,490 | $ | 143,490 | 91419 | ||||
| 522 | 725-656 | Natural Areas Checkoff Funds | $ | 1,550,670 | $ | 1,550,670 | 91420 | ||||
| 526 | 725-610 | Strip Mining Administration Fee | $ | 1,932,492 | $ | 1,932,492 | 91421 | ||||
| 527 | 725-637 | Surface Mining Administration | $ | 2,312,815 | $ | 2,322,702 | 91422 | ||||
| 529 | 725-639 | Unreclaimed Land Fund | $ | 623,356 | $ | 631,257 | 91423 | ||||
| 531 | 725-648 | Reclamation Forfeiture | $ | 2,061,861 | $ | 2,062,237 | 91424 | ||||
| 532 | 725-644 | Litter Control and Recycling | $ | 7,100,000 | $ | 7,100,000 | 91425 | ||||
| 586 | 725-633 | Scrap Tire Program | $ | 1,000,000 | $ | 1,000,000 | 91426 | ||||
| 615 | 725-661 | Dam Safety | $ | 365,223 | $ | 365,223 | 91427 | ||||
| TOTAL SSR State Special Revenue | 91428 | ||||||||||
| Fund Group | $ | 60,487,768 | $ | 60,136,971 | 91429 | ||||||
| Clean Ohio Fund Group | 91430 |
| 061 | 725-405 | Clean Ohio Operating | $ | 155,000 | $ | 155,000 | 91431 | ||||
| TOTAL CLF Clean Ohio Fund Group | $ | 155,000 | $ | 155,000 | 91432 | ||||||
| Wildlife Fund Group | 91433 |
| 015 | 740-401 | Division of Wildlife Conservation | $ | 49,447,500 | $ | 50,447,500 | 91434 | ||||
| 815 | 725-636 | Cooperative Management Projects | $ | 120,449 | $ | 120,449 | 91435 | ||||
| 816 | 725-649 | Wetlands Habitat | $ | 966,885 | $ | 966,885 | 91436 | ||||
| 817 | 725-655 | Wildlife Conservation Checkoff Fund | $ | 5,000,000 | $ | 5,000,000 | 91437 | ||||
| 818 | 725-629 | Cooperative Fisheries Research | $ | 1,500,000 | $ | 1,500,000 | 91438 | ||||
| 819 | 725-685 | Ohio River Management | $ | 128,584 | $ | 128,584 | 91439 | ||||
| TOTAL WLF Wildlife Fund Group | $ | 57,163,418 | $ | 58,163,418 | 91440 | ||||||
| Waterways Safety Fund Group | 91441 |
| 086 | 725-414 | Waterways Improvement | $ | 3,792,343 | $ | 3,792,343 | 91442 | ||||
| 086 | 725-418 | Buoy Placement | $ | 52,182 | $ | 52,182 | 91443 | ||||
| 086 | 725-501 | Waterway Safety Grants | $ | 137,867 | $ | 137,867 | 91444 | ||||
| 086 | 725-506 | Watercraft Marine Patrol | $ | 576,153 | $ | 576,153 | 91445 | ||||
| 086 | 725-513 | Watercraft Educational Grants | $ | 366,643 | $ | 366,643 | 91446 | ||||
| 086 | 739-401 | Division of Watercraft | $ | 20,027,909 | $ | 20,086,681 | 91447 | ||||
| 5AW | 725-682 | Watercraft Revolving Loans | $ | 3,000,000 | $ | 1,000,000 | 91448 | ||||
| TOTAL WSF Waterways Safety Fund | 91449 | ||||||||||
| Group | $ | 27,953,097 | $ | 26,011,869 | 91450 | ||||||
| Holding Account Redistribution Fund Group | 91451 |
| R17 | 725-659 | Performance Cash Bond Refunds | $ | 374,263 | $ | 374,263 | 91452 | ||||
| R43 | 725-624 | Forestry | $ | 2,500,000 | $ | 1,500,000 | 91453 | ||||
| TOTAL 090 Holding Account | 91454 | ||||||||||
| Redistribution Fund Group | $ | 2,874,263 | $ | 1,874,263 | 91455 | ||||||
| Accrued Leave Liability Fund Group | 91456 |
| 4M8 | 725-675 | FOP Contract | $ | 20,844 | $ | 20,844 | 91457 | ||||
| TOTAL ALF Accrued Leave | 91458 | ||||||||||
| Liability Fund Group | $ | 20,844 | $ | 20,844 | 91459 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 331,086,195 | $ | 331,719,662 | 91460 | ||||||
| Section 209.18.03. CENTRAL SUPPORT INDIRECT | 91462 |
| With the exception of the Division of Wildlife, whose direct | 91463 |
| and indirect central support charges shall be paid out of the | 91464 |
| General Revenue Fund from the foregoing appropriation item | 91465 |
| 725-401, Wildlife-GRF Central Support, the Department of Natural | 91466 |
| Resources, with approval of the Director of Budget and Management, | 91467 |
| shall utilize a methodology for determining each division's | 91468 |
| payments into the Central Support Indirect Fund (Fund 157). The | 91469 |
| methodology used shall contain the characteristics of | 91470 |
| administrative ease and uniform application in compliance with | 91471 |
| federal grant requirements. It may include direct cost charges for | 91472 |
| specific services provided. Payments to the Central Support | 91473 |
| Indirect Fund (Fund 157) shall be made using an intrastate | 91474 |
| transfer voucher. | 91475 |
| Section 209.18.06. FOUNTAIN SQUARE | 91476 |
| The foregoing appropriation item 725-404, Fountain Square | 91477 |
| Rental Payments - OBA, shall be used by the Department of Natural | 91478 |
| Resources to meet all payments required to be made to the Ohio | 91479 |
| Building Authority during the period from July 1, 2005, to June | 91480 |
| 30, 2007, pursuant to leases and agreements with the Ohio Building | 91481 |
| Authority under section 152.241 of the Revised Code, but limited | 91482 |
| to the aggregate amount of $2,117,300. | 91483 |
| The Director of Natural Resources, using intrastate transfer | 91484 |
| vouchers, shall make payments to the General Revenue Fund from | 91485 |
| funds other than the General Revenue Fund to reimburse the General | 91486 |
| Revenue Fund for the other funds' shares of the lease rental | 91487 |
| payments to the Ohio Building Authority. The transfers from the | 91488 |
| non-General Revenue funds shall be made within 10 days of the | 91489 |
| payment to the Ohio Building Authority for the actual amounts | 91490 |
| necessary to fulfill the leases and agreements pursuant to section | 91491 |
| 152.241 of the Revised Code. | 91492 |
| The foregoing appropriation item 725-664, Fountain Square | 91493 |
| Facilities Management (Fund 635), shall be used for payment of | 91494 |
| repairs, renovation, utilities, property management, and building | 91495 |
| maintenance expenses for the Fountain Square Complex. Cash | 91496 |
| transferred by intrastate transfer vouchers from various | 91497 |
| department funds and rental income received by the Department of | 91498 |
| Natural Resources shall be deposited into the Fountain Square | 91499 |
| Facilities Management Fund (Fund 635). | 91500 |
| LEASE RENTAL PAYMENTS | 91501 |
| The foregoing appropriation item 725-413, OPFC Lease Rental | 91502 |
| Payments, shall be used to meet all payments at the times they are | 91503 |
| required to be made during the period from July 1, 2005, to June | 91504 |
| 30, 2007, by the Department of Natural Resources pursuant to | 91505 |
| leases and agreements made under section 154.22 of the Revised | 91506 |
| Code, but limited to the aggregate amount of $50,375,100. Nothing | 91507 |
| in this act shall be deemed to contravene the obligation of the | 91508 |
| state to pay, without necessity for further appropriation, from | 91509 |
| the sources pledged thereto, the bond service charges on | 91510 |
| obligations issued pursuant to section 154.22 of the Revised Code. | 91511 |
| NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE | 91512 |
| The foregoing appropriation item 725-903, Natural Resources | 91513 |
| General Obligation Debt Service, shall be used to pay all debt | 91514 |
| service and related financing costs at the times they are required | 91515 |
| to be made pursuant to sections 151.01 and 151.05 of the Revised | 91516 |
| Code during the period from July 1, 2005, to June 30, 2007. The | 91517 |
| Office of the Sinking Fund or the Director of Budget and | 91518 |
| Management shall effectuate the required payments by an intrastate | 91519 |
| transfer voucher. | 91520 |
| Section 209.18.09. WILDLIFE LICENSE REIMBURSEMENT | 91521 |
| Notwithstanding the limits of the transfer from the General | 91522 |
| Revenue Fund to the Wildlife Fund, as adopted in section 1533.15 | 91523 |
| of the Revised Code, up to the amount available in appropriation | 91524 |
| item 725-425, Wildlife License Reimbursement, may be transferred | 91525 |
| from the General Revenue Fund to the Wildlife Fund (Fund 015). | 91526 |
| Pursuant to the certification of the Director of Budget and | 91527 |
| Management of the amount of foregone revenue in accordance with | 91528 |
| section 1533.15 of the Revised Code, the foregoing appropriation | 91529 |
| item in the General Revenue Fund, appropriation item 725-425, | 91530 |
| Wildlife License Reimbursement, shall be used to reimburse the | 91531 |
| Wildlife Fund (Fund 015) for the cost of hunting and fishing | 91532 |
| licenses and permits issued after June 30, 1990, to individuals | 91533 |
| who are exempted under the Revised Code from license, permit, and | 91534 |
| stamp fees. | 91535 |
| CANAL LANDS | 91536 |
| The foregoing appropriation item 725-456, Canal Lands, shall | 91537 |
| be used to transfer funds to the Canal Lands Fund (Fund 430) to | 91538 |
| provide operating expenses for the State Canal Lands Program. The | 91539 |
| transfer shall be made using an intrastate transfer voucher and | 91540 |
| shall be subject to the approval of the Director of Budget and | 91541 |
| Management. | 91542 |
| SOIL AND WATER DISTRICTS | 91543 |
| In addition to state payments to soil and water conservation | 91544 |
| districts authorized by section 1515.10 of the Revised Code, the | 91545 |
| Department of Natural Resources may pay to any soil and water | 91546 |
| conservation district, from authority in appropriation item | 91547 |
| 725-502, Soil and Water Districts, an annual amount not to exceed | 91548 |
| $30,000, upon receipt of a request and justification from the | 91549 |
| district and approval by the Ohio Soil and Water Conservation | 91550 |
| Commission. The county auditor shall credit the payments to the | 91551 |
| special fund established under section 1515.10 of the Revised Code | 91552 |
| for the local soil and water conservation district. Moneys | 91553 |
| received by each district shall be expended for the purposes of | 91554 |
| the district. The foregoing appropriation item 725-683, Soil and | 91555 |
| Water Districts, shall be expended for the purposes described | 91556 |
| above, except that the funding source for this appropriation shall | 91557 |
| be a fee applied on the disposal of construction and demolition | 91558 |
| debris as provided in section 1515.14 of the Revised Code, as | 91559 |
| amended by this act. | 91560 |
| Of the foregoing appropriation item 725-502, Soil and Water | 91561 |
| Districts, $25,000 in each fiscal year shall be used for the | 91562 |
| Conservation Action Project. | 91563 |
| Of the foregoing appropriation item, 725-683, Soil and Water | 91564 |
| Districts, $200,000 in each fiscal year shall be used to support | 91565 |
| the Heidelberg College Water Quality Laboratory. | 91566 |
| Of the foregoing appropriation item 725-683, Soil and Water | 91567 |
| Districts, $100,000 in each fiscal year shall be used to support | 91568 |
| the Muskingum Watershed Conservancy District. | 91569 |
| Of the foregoing appropriation item 725-683, Soil and Water | 91570 |
| Districts, $100,000 in each fiscal year shall be used to support | 91571 |
| the Indian Lake Watershed in Logan County. | 91572 |
| PARKS AND RECREATION | 91573 |
| Of the foregoing appropriation item 730-321, Division of | 91574 |
| Parks and Recreation, $50,000 in fiscal year 2006 shall be used | 91575 |
| for the Fairport Harbor Port Authority boat launch in Lake County. | 91576 |
| FUND CONSOLIDATION | 91577 |
| The Director of Budget and Management shall transfer an | 91578 |
| amount certified by the Director of Natural Resources from the | 91579 |
| Central Support Indirect Fund (Fund 157) to the Law Enforcement | 91580 |
| Administration Fund (Fund 223) and the Information Services Fund | 91581 |
| (Fund 204) to implement a direct cost recovery plan. | 91582 |
| STATE PARK DEPRECIATION RESERVE | 91583 |
| The foregoing appropriation item 725-680, Parks Facilities | 91584 |
| Maintenance, shall be used by the Division of Parks and Recreation | 91585 |
| to maintain state park revenue producing facilities in the best | 91586 |
| economic operating condition and to repair and replace equipment | 91587 |
| used in the operation of state park revenue producing facilities. | 91588 |
| Upon certification of the Director of Natural Resources, the | 91589 |
| Director of Budget and Management shall transfer the cash balance | 91590 |
| in the Depreciation Reserve Fund (Fund 161), which is abolished in | 91591 |
| section 1541.221 of the Revised Code, as amended by this act, to | 91592 |
| the State Park Fund (Fund 512), which is created in section | 91593 |
| 1541.22 of the Revised Code. All outstanding encubrances shall be | 91594 |
| cancelled on October 1, 2005. | 91595 |
| OIL AND GAS WELL PLUGGING | 91596 |
| The foregoing appropriation item 725-677, Oil and Gas Well | 91597 |
| Plugging, shall be used exclusively for the purposes of plugging | 91598 |
| wells and to properly restore the land surface of idle and orphan | 91599 |
| oil and gas wells pursuant to section 1509.071 of the Revised | 91600 |
| Code. No funds from the appropriation item shall be used for | 91601 |
| salaries, maintenance, equipment, or other administrative | 91602 |
| purposes, except for those costs directly attributed to the | 91603 |
| plugging of an idle or orphan well. Appropriation authority from | 91604 |
| this appropriation item shall not be transferred to any other fund | 91605 |
| or line item. | 91606 |
| CLEAN OHIO OPERATING EXPENSES | 91607 |
| The foregoing appropriation item 725-405, Clean Ohio | 91608 |
| Operating, shall be used by the Department of Natural Resources in | 91609 |
| administering section 1519.05 of the Revised Code. | 91610 |
| WATERCRAFT MARINE PATROL | 91611 |
| Of the foregoing appropriation item 739-401, Division of | 91612 |
| Watercraft, not more than $200,000 in each fiscal year shall be | 91613 |
| expended for the purchase of equipment for marine patrols | 91614 |
| qualifying for funding from the Department of Natural Resources | 91615 |
| pursuant to section 1547.67 of the Revised Code. Proposals for | 91616 |
| equipment shall accompany the submission of documentation for | 91617 |
| receipt of a marine patrol subsidy pursuant to section 1547.67 of | 91618 |
| the Revised Code and shall be loaned to eligible marine patrols | 91619 |
| pursuant to a cooperative agreement between the Department of | 91620 |
| Natural Resources and the eligible marine patrol. | 91621 |
| WATERCRAFT REVOLVING LOAN PROGRAM | 91622 |
| Upon certification by the Director of Natural Resources, the | 91623 |
| Director of Budget and Management shall transfer an amount not to | 91624 |
| exceed $3,000,000 in fiscal year 2006 and not to exceed $1,000,000 | 91625 |
| in fiscal year 2007 so certified from the Waterways Safety Fund | 91626 |
| (Fund 086) to the Watercraft Revolving Loans Fund (Fund 5AW). The | 91627 |
| moneys shall be used pursuant to section 1547.721 of the Revised | 91628 |
| Code. | 91629 |
| PARKS CAPITAL EXPENSES FUND | 91630 |
| There is hereby created in the state treasury the Parks | 91631 |
| Capital Expenses Fund (Fund 227). The fund shall be used to pay | 91632 |
| for design, engineering, and planning costs incurred by the | 91633 |
| Department of Natural Resources for capital parks projects. | 91634 |
| The Director of Natural Resources shall submit to the | 91635 |
| Director of Budget and Management the estimated design, | 91636 |
| engineering, and planning costs of capital-related work to be done | 91637 |
| by Department of Natural Resources staff for parks projects. If | 91638 |
| the Director of Budget and Management approves the estimated | 91639 |
| costs, the Director may release appropriations from appropriation | 91640 |
| item 725-406, Parks Projects Personnel, for those purposes. Upon | 91641 |
| release of the appropriations, the Department of Natural Resources | 91642 |
| shall pay for these expenses from the Parks Capital Expenses Fund | 91643 |
| (Fund 227). Expenses paid from Fund 227 shall be reimbursed by the | 91644 |
| Parks and Recreation Improvement Fund (Fund 035) using an | 91645 |
| intrastate transfer voucher. | 91646 |
| Section 209.21. NUR STATE BOARD OF NURSING | 91647 |
| General Services Fund Group | 91648 |
| 4K9 | 884-609 | Operating Expenses | $ | 5,661,280 | $ | 5,661,280 | 91649 | ||||
| 5P8 | 884-601 | Nursing Special Issues | $ | 5,000 | $ | 5,000 | 91650 | ||||
| TOTAL GSF General Services | 91651 | ||||||||||
| Fund Group | $ | 5,666,280 | $ | 5,666,280 | 91652 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 5,666,280 | $ | 5,666,280 | 91653 | ||||||
| NURSING SPECIAL ISSUES | 91654 |
| The foregoing appropriation item 884-601, Nursing Special | 91655 |
| Issues (Fund 5P8), shall be used to pay the costs the Board of | 91656 |
| Nursing incurs in implementing section 4723.062 of the Revised | 91657 |
| Code. | 91658 |
| Section 209.24. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY, | 91659 |
| AND ATHLETIC TRAINERS BOARD | 91660 |
| General Services Fund Group | 91661 |
| 4K9 | 890-609 | Operating Expenses | $ | 824,057 | $ | 0 | 91662 | ||||
| TOTAL GSF General Services Fund Group | $ | 824,057 | $ | 0 | 91663 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 824,057 | $ | 0 | 91664 | ||||||
| Section 209.27. OLA OHIOANA LIBRARY ASSOCIATION | 91666 |
| General Revenue Fund | 91667 |
| GRF | 355-501 | Library Subsidy | $ | 100,000 | $ | 100,000 | 91668 | ||||
| TOTAL GRF General Revenue Fund | $ | 100,000 | $ | 100,000 | 91669 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 100,000 | $ | 100,000 | 91670 | ||||||
| Section 209.30. ODB OHIO OPTICAL DISPENSERS BOARD | 91672 |
| General Services Fund Group | 91673 |
| 4K9 | 894-609 | Operating Expenses | $ | 316,517 | $ | 0 | 91674 | ||||
| TOTAL GSF General Services | 91675 | ||||||||||
| Fund Group | $ | 316,517 | $ | 0 | 91676 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 316,517 | $ | 0 | 91677 | ||||||
| Section 209.33. OPT STATE BOARD OF OPTOMETRY | 91679 |
| General Services Fund Group | 91680 |
| 4K9 | 885-609 | Operating Expenses | $ | 336,771 | $ | 0 | 91681 | ||||
| TOTAL GSF General Services | 91682 | ||||||||||
| Fund Group | $ | 336,771 | $ | 0 | 91683 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 336,771 | $ | 0 | 91684 | ||||||
| Section 209.36. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS, | 91686 |
| AND PEDORTHICS | 91687 |
| General Services Fund Group | 91688 |
| 4K9 | 973-609 | Operating Expenses | $ | 99,571 | $ | 0 | 91689 | ||||
| TOTAL GSF General Services | 91690 | ||||||||||
| Fund Group | $ | 99,571 | $ | 0 | 91691 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 99,571 | $ | 0 | 91692 | ||||||
| Section 209.39. PBR STATE PERSONNEL BOARD OF REVIEW | 91693 |
| General Revenue Fund | 91694 |
| GRF | 124-321 | Operating | $ | 1,116,170 | $ | 1,148,000 | 91695 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,116,170 | $ | 1,148,000 | 91696 | ||||||
| General Services Fund Group | 91697 |
| 636 | 124-601 | Transcript and Other | $ | 12,000 | $ | 15,000 | 91698 | ||||
| TOTAL GSF General Services | 91699 | ||||||||||
| Fund Group | $ | 12,000 | $ | 15,000 | 91700 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,128,170 | $ | 1,163,000 | 91701 | ||||||
| TRANSCRIPT AND OTHER | 91702 |
| The foregoing appropriation item 124-601, Transcript and | 91703 |
| Other, may be used to defray the costs of producing an | 91704 |
| administrative record. | 91705 |
| Section 209.42. PRX STATE BOARD OF PHARMACY | 91706 |
| General Services Fund Group | 91707 |
| 4A5 | 887-605 | Drug Law Enforcement | $ | 75,550 | $ | 75,550 | 91708 | ||||
| 4K9 | 887-609 | Operating Expenses | $ | 5,650,537 | $ | 5,400,537 | 91709 | ||||
| TOTAL GSF General Services | 91710 | ||||||||||
| Fund Group | $ | 5,726,087 | $ | 5,476,087 | 91711 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 5,726,087 | $ | 5,476,087 | 91712 | ||||||
| Section 209.45. PSY STATE BOARD OF PSYCHOLOGY | 91714 |
| General Services Fund Group | 91715 |
| 4K9 | 882-609 | Operating Expenses | $ | 566,112 | $ | 0 | 91716 | ||||
| TOTAL GSF General Services | 91717 | ||||||||||
| Fund Group | $ | 566,112 | $ | 0 | 91718 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 566,112 | $ | 0 | 91719 | ||||||
| Section 209.48. PUB OHIO PUBLIC DEFENDER COMMISSION | 91721 |
| General Revenue Fund | 91722 |
| GRF | 019-321 | Public Defender Administration | $ | 1,295,570 | $ | 1,262,439 | 91723 | ||||
| GRF | 019-401 | State Legal Defense Services | $ | 5,744,601 | $ | 5,704,117 | 91724 | ||||
| GRF | 019-403 | Multi-County: State Share | $ | 823,620 | $ | 823,620 | 91725 | ||||
| GRF | 019-404 | Trumbull County - State Share | $ | 256,380 | $ | 256,380 | 91726 | ||||
| GRF | 019-405 | Training Account | $ | 31,324 | $ | 31,324 | 91727 | ||||
| GRF | 019-501 | County Reimbursement | $ | 30,000,000 | $ | 30,000,000 | 91728 | ||||
| TOTAL GRF General Revenue Fund | $ | 38,151,495 | $ | 38,077,880 | 91729 | ||||||
| General Services Fund Group | 91730 |
| 101 | 019-602 | Inmate Legal Assistance | $ | 53,086 | $ | 32,338 | 91731 | ||||
| 406 | 019-603 | Training and Publications | $ | 16,000 | $ | 16,000 | 91732 | ||||
| 407 | 019-604 | County Representation | $ | 186,146 | $ | 188,810 | 91733 | ||||
| 408 | 019-605 | Client Payments | $ | 614,027 | $ | 762,106 | 91734 | ||||
| TOTAL GSF General Services | 91735 | ||||||||||
| Fund Group | $ | 869,259 | $ | 999,254 | 91736 | ||||||
| Federal Special Revenue Fund Group | 91737 |
| 3S8 | 019-608 | Federal Representation | $ | 380,484 | $ | 315,287 | 91738 | ||||
| TOTAL FED Federal Special Revenue | 91739 | ||||||||||
| Fund Group | $ | 380,484 | $ | 315,287 | 91740 | ||||||
| State Special Revenue Fund Group | 91741 |
| 4C7 | 019-601 | Multi-County: County Share | $ | 2,028,309 | $ | 2,104,367 | 91742 | ||||
| 4X7 | 019-610 | Trumbull County - County Share | $ | 642,106 | $ | 665,860 | 91743 | ||||
| 574 | 019-606 | Legal Services Corporation | $ | 16,575,000 | $ | 21,300,000 | 91744 | ||||
| XXX | 019-XXX | Civil Case Filing Fee | $ | 417,600 | $ | 556,800 | 91745 | ||||
| TOTAL SSR State Special Revenue | 91746 | ||||||||||
| Fund Group | $ | 19,663,015 | $ | 24,627,027 | 91747 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 59,064,253 | $ | 64,019,448 | 91748 | ||||||
| INDIGENT DEFENSE OFFICE | 91749 |
| The foregoing appropriation items 019-404, Trumbull County - | 91750 |
| State Share, and 019-610, Trumbull County - County Share, shall be | 91751 |
| used to support an indigent defense office for Trumbull County. | 91752 |
| MULTI-COUNTY OFFICE | 91753 |
| The foregoing appropriation items 019-403, Multi-County: | 91754 |
| State Share, and 019-601, Multi-County: County Share, shall be | 91755 |
| used to support the Office of the Ohio Public Defender's | 91756 |
| Multi-County Branch Office Program. | 91757 |
| TRAINING ACCOUNT | 91758 |
| The foregoing appropriation item 019-405, Training Account, | 91759 |
| shall be used by the Ohio Public Defender to provide legal | 91760 |
| training programs at no cost for private appointed counsel who | 91761 |
| represent at least one indigent defendant at no cost and for state | 91762 |
| and county public defenders and attorneys who contract with the | 91763 |
| Ohio Public Defender to provide indigent defense services. | 91764 |
| FEDERAL REPRESENTATION | 91765 |
| The foregoing appropriation item 019-608, Federal | 91766 |
| Representation, shall be used to receive reimbursements from the | 91767 |
| federal courts when the Ohio Public Defender provides | 91768 |
| representation in federal court cases and to support | 91769 |
| representation in such cases. | 91770 |
| Section 209.51. DHS DEPARTMENT OF PUBLIC SAFETY | 91771 |
| General Revenue Fund | 91772 |
| GRF | 763-403 | Operating Expenses - EMA | $ | 4,214,697 | $ | 4,214,697 | 91773 | ||||
| GRF | 763-507 | Individual and Households Program - State | $ | 650,000 | $ | 650,000 | 91774 | ||||
| GRF | 768-424 | Operating Expenses - CJS | $ | 965,899 | $ | 1,276,192 | 91775 | ||||
| GRF | 769-321 | Food Stamp Trafficking Enforcement Operations | $ | 752,000 | $ | 752,000 | 91776 | ||||
| TOTAL GRF General Revenue Fund | $ | 6,582,596 | $ | 6,892,889 | 91777 | ||||||
| General Services Fund Group | 91778 |
| 4P6 | 768-601 | Justice Program Services | $ | 100,000 | $ | 100,000 | 91779 | ||||
| TOTAL GSF General Services Fund Group | $ | 100,000 | $ | 100,000 | 91780 | ||||||
| Federal Special Revenue Fund Group | 91781 |
| 3AY | 768-606 | Federal Justice Grants | $ | 11,200,000 | $ | 11,500,000 | 91782 | ||||
| 3L5 | 768-604 | Justice Program | $ | 31,019,750 | $ | 25,214,623 | 91783 | ||||
| 3V8 | 768-605 | Federal Program Purposes FFY01 | $ | 50,000 | $ | 0 | 91784 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 42,269,750 | $ | 36,714,623 | 91785 | ||||||
| State Special Revenue Fund Group | 91786 |
| 5BK | 768-689 | Family Violence Shelter Programs | $ | 500,000 | $ | 650,000 | 91787 | ||||
| 5B9 | 766-632 | PI & Security Guard Provider | $ | 1,188,716 | $ | 1,188,716 | 91788 | ||||
| 5CC | 768-607 | Public Safety Services | $ | 375,000 | $ | 325,000 | 91789 | ||||
| TOTAL SSR State Special Revenue Fund Group | $ | 2,063,716 | $ | 2,163,716 | 91790 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 51,016,062 | $ | 45,871,228 | 91791 |
| OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT | 91792 |
| Of the foregoing appropriation item 763-403, Operating | 91793 |
| Expenses - EMA, $200,000 in each fiscal year shall be used to fund | 91794 |
| the Ohio Task Force One - Urban Search and Rescue Unit and other | 91795 |
| urban search and rescue programs around the state to create a | 91796 |
| stronger search and rescue capability statewide. | 91797 |
| BACK-UP POWER GENERATION DEVICES | 91798 |
| Of the foregoing appropriation item 763-403, Operating | 91799 |
| Expenses – EMA, $50,000 in each fiscal year shall be used to fund | 91800 |
| back-up power generation devices to be used for training purposes. | 91801 |
| These power generation devices shall include one reciprocating | 91802 |
| engine, one portable microturbine generator for demonstration | 91803 |
| purposes, and one stationary fuel cell device. | 91804 |
| INDIVIDUAL AND HOUSEHOLDS GRANTS STATE MATCH | 91805 |
| The foregoing appropriation item 763-507, Individual and | 91806 |
| Households Program - State, shall be used to fund the state share | 91807 |
| of costs to provide grants to individuals and households in cases | 91808 |
| of disaster. | 91809 |
| TRANSFER OF THE OFFICE OF CRIMINAL JUSTICE SERVICES TO THE | 91810 |
| DEPARTMENT OF PUBLIC SAFETY | 91811 |
| (A) On July 1, 2005: | 91812 |
| (1) The Office of Criminal Justice Services shall cease to | 91813 |
| exist. Subject to the layoff provisions of sections 124.321 to | 91814 |
| 124.328 of the Revised Code, the employees of the Office of | 91815 |
| Criminal Justice Services who were employed by that Office on June | 91816 |
| 30, 2005, are transferred on that date to the Department of Public | 91817 |
| Safety. The vehicles and equipment assigned to those employees are | 91818 |
| transferred to the Department of Public Safety. | 91819 |
| (2) The assets, liabilities, other equipment not provided | 91820 |
| for, and records, irrespective of form or medium, of the Office of | 91821 |
| Criminal Justice Services are transferred to the Division of | 91822 |
| Criminal Justice Services. The Division of Criminal Justice | 91823 |
| Services is the successor to, assumes the obligations of, and | 91824 |
| otherwise constitutes the continuation of the Office of Criminal | 91825 |
| Justice Services. | 91826 |
| (3) Business commenced but not completed by the Office of | 91827 |
| Criminal Justice Services on July 1, 2005, shall be completed by | 91828 |
| the Division of Criminal Justice Services, in the same manner, and | 91829 |
| with the same effect, as if completed by the Office of Criminal | 91830 |
| Justice Services. No validation, cure, right, privilege, remedy, | 91831 |
| obligation, or liability is lost or impaired by reason of the | 91832 |
| transfer required by this section but shall be administered by the | 91833 |
| Division of Criminal Justice Services. | 91834 |
| (4) The rules, orders, and determinations pertaining to the | 91835 |
| Office of Criminal Justice Services continue in effect as rules, | 91836 |
| orders, and determinations of the Division of Criminal Justice | 91837 |
| Services until modified or rescinded by that Division. | 91838 |
| (5) No judicial or administrative action or proceeding | 91839 |
| pending on July 1, 2005, is affected by the transfer of functions | 91840 |
| from the Office of Criminal Justice Services to the Division of | 91841 |
| Criminal Justice Services and shall be prosecuted or defended in | 91842 |
| the name of the Executive Director or Division of Criminal Justice | 91843 |
| Services. On application to the court or other tribunal, the | 91844 |
| Executive Director or Division of Criminal Justice Services shall | 91845 |
| be substituted as a party in those actions and proceedings. | 91846 |
| (6) When the Director or Office of Criminal Justice Services | 91847 |
| is referred to in any statute, rule, contract, grant, or other | 91848 |
| document, the reference is hereby deemed to refer to the Executive | 91849 |
| Director or Division of Criminal Justice Services. | 91850 |
| (B) On and after July 1, 2005, if necessary to ensure the | 91851 |
| integrity of the numbering of the Administrative Code, the | 91852 |
| Director of the Legislative Service Commission shall renumber the | 91853 |
| rules of the Office of Criminal Justice Services to reflect their | 91854 |
| transfer to the Division of Criminal Justice Services in the | 91855 |
| Department of Public Safety. | 91856 |
| (C) On and after July 1, 2005, notwithstanding any provision | 91857 |
| of law to the contrary, the Director of Budget and Management is | 91858 |
| authorized to take the actions described in this section with | 91859 |
| respect to budget changes made necessary by administrative | 91860 |
| reorganization, program transfers, the creation of new funds, and | 91861 |
| the consolidation of funds as authorized by this act. The Director | 91862 |
| may make any transfer of cash balances between funds. At the | 91863 |
| request of the Director of Budget and Management, the | 91864 |
| administering agency head shall certify to the Director an | 91865 |
| estimate of the amount of the cash balance to be transferred to | 91866 |
| the receiving fund. The Director may transfer the estimated amount | 91867 |
| when needed to make payments. Not more than thirty days after | 91868 |
| certifying the estimated amount, the administering agency head | 91869 |
| shall certify the final amount to the Director. The Director shall | 91870 |
| transfer the difference between any amount previously transferred | 91871 |
| and the certified final amount. The Director may cancel | 91872 |
| encumbrances and re-establish encumbrances or parts of | 91873 |
| encumbrances as needed in fiscal year 2006 in the appropriate fund | 91874 |
| and appropriation item for the same purpose and to the same | 91875 |
| vendor. As determined by the Director, the appropriation authority | 91876 |
| necessary to re-establish those encumbrances in fiscal year 2006 | 91877 |
| in a different fund or appropriation item within an agency or | 91878 |
| between agencies is hereby authorized. The Director shall reduce | 91879 |
| each year's appropriation balances by the amount of the | 91880 |
| encumbrances canceled in their respective funds and appropriation | 91881 |
| items. Any fiscal year 2005 unencumbered or unallocated | 91882 |
| appropriation balances may be transferred to the appropriate item | 91883 |
| to be used for the same purposes, as determined by the Director. | 91884 |
| (D) Any advisory committees appointed by the Governor to | 91885 |
| assist the Office of Criminal Justice Services pursuant to section | 91886 |
| 181.53 and existing on June 30, 2005, shall continue to exist as | 91887 |
| advisory committees to the Division of Criminal Justice Services | 91888 |
| in the Department of Public Safety beginning on July 1, 2005, | 91889 |
| subject to section 121.13 of the Revised Code. | 91890 |
| TRANSFER OF FAMILY VIOLENCE PREVENTION CENTER | 91891 |
| The Family Violence Prevention Center is transferred from the | 91892 |
| Office of Criminal Justice Services to the Department of Public | 91893 |
| Safety. The Family Violence Prevention Center shall operate as | 91894 |
| part of the Division of Criminal Justice Services in the | 91895 |
| Department of Public Safety in the same manner as it operated | 91896 |
| under the Office of Criminal Justice Services. | 91897 |
| STATE FIRE MARSHAL'S FUND CASH TRANSFERS FOR PUBLIC SAFETY | 91898 |
| SERVICES | 91899 |
| Notwithstanding section 3737.71 of the Revised Code, in | 91900 |
| fiscal year 2006, the Director of Budget and Management shall | 91901 |
| transfer $375,000 in cash from the Department of Commerce's State | 91902 |
| Fire Marshal's Fund (Fund 546) to the Department of Public | 91903 |
| Safety's Public Safety Services Fund (Fund 5CC), which is hereby | 91904 |
| created in the state treasury, and in fiscal year 2007, the | 91905 |
| Director of Budget and Management shall transfer $325,000 in cash | 91906 |
| from the Department of Commerce's State Fire Marshal's Fund (Fund | 91907 |
| 546) to the Department of Public Safety's Public Safety Services | 91908 |
| Fund (Fund 5CC). | 91909 |
| Of the foregoing appropriation item 768-607, Public Safety | 91910 |
| Services, $100,000 in fiscal year 2006 and $200,000 in fiscal year | 91911 |
| 2007 shall be distributed by the Department of Public Safety's | 91912 |
| Division of Criminal Justice Services to the City of Warren to | 91913 |
| assist the city in providing essential public safety services to | 91914 |
| its citizens. | 91915 |
| Of the foregoing appropriation item 768-607, Public Safety | 91916 |
| Services, $125,000 in each fiscal year shall be distributed by the | 91917 |
| Department of Public Safety's Division of Criminal Justice | 91918 |
| Services directly to the Southern Ohio Drug Task Force. | 91919 |
| Of the foregoing appropriation item 768-607, Public Safety | 91920 |
| Services, $150,000 in fiscal year 2006 shall be distributed by the | 91921 |
| Department of Public Safety's Division of Criminal Justice | 91922 |
| Services to the City of Eastlake to assist the city in providing | 91923 |
| essential public safety services to its citizens. | 91924 |
| Section 209.54. PUC PUBLIC UTILITIES COMMISSION OF OHIO | 91925 |
| General Services Fund Group | 91926 |
| 5F6 | 870-622 | Utility and Railroad Regulation | $ | 31,272,222 | $ | 31,272,223 | 91927 | ||||
| 5F6 | 870-624 | NARUC/NRRI Subsidy | $ | 167,233 | $ | 167,233 | 91928 | ||||
| 5F6 | 870-625 | Motor Transportation Regulation | $ | 5,361,239 | $ | 5,361,238 | 91929 | ||||
| TOTAL GSF General Services | 91930 | ||||||||||
| Fund Group | $ | 36,800,694 | $ | 36,800,694 | 91931 | ||||||
| Federal Special Revenue Fund Group | 91932 |
| 3V3 | 870-604 | Commercial Vehicle Information Systems/Networks | $ | 300,000 | $ | 300,000 | 91933 | ||||
| 333 | 870-601 | Gas Pipeline Safety | $ | 597,957 | $ | 597,957 | 91934 | ||||
| 350 | 870-608 | Motor Carrier Safety | $ | 7,027,712 | $ | 7,027,712 | 91935 | ||||
| TOTAL FED Federal Special Revenue | 91936 | ||||||||||
| Fund Group | $ | 7,925,669 | $ | 7,925,669 | 91937 | ||||||
| State Special Revenue Fund Group | 91938 |
| 4A3 | 870-614 | Grade Crossing Protection Devices-State | $ | 1,349,757 | $ | 1,349,757 | 91939 | ||||
| 4L8 | 870-617 | Pipeline Safety-State | $ | 187,621 | $ | 187,621 | 91940 | ||||
| 4S6 | 870-618 | Hazardous Material Registration | $ | 464,325 | $ | 464,325 | 91941 | ||||
| 4S6 | 870-621 | Hazardous Materials Base State Registration | $ | 373,346 | $ | 373,346 | 91942 | ||||
| 4U8 | 870-620 | Civil Forfeitures | $ | 284,986 | $ | 284,986 | 91943 | ||||
| 559 | 870-605 | Public Utilities Territorial Administration | $ | 4,000 | $ | 4,000 | 91944 | ||||
| 560 | 870-607 | Special Assessment | $ | 100,000 | $ | 100,000 | 91945 | ||||
| 561 | 870-606 | Power Siting Board | $ | 337,210 | $ | 337,210 | 91946 | ||||
| 638 | 870-611 | Biomass Energy Program | $ | 40,000 | $ | 40,000 | 91947 | ||||
| 661 | 870-612 | Hazardous Materials Transportation | $ | 900,000 | $ | 900,000 | 91948 | ||||
| TOTAL SSR State Special Revenue | 91949 | ||||||||||
| Fund Group | $ | 4,041,245 | $ | 4,041,245 | 91950 | ||||||
| Agency Fund Group | 91951 |
| 4G4 | 870-616 | Base State Registration Program | $ | 5,600,000 | $ | 5,600,000 | 91952 | ||||
| TOTAL AGY Agency Fund Group | $ | 5,600,000 | $ | 5,600,000 | 91953 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 54,367,608 | $ | 54,367,608 | 91954 | ||||||
| COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT | 91955 |
| The Commercial Vehicle Information Systems and Networks Fund | 91956 |
| is hereby created in the state treasury. The fund shall receive | 91957 |
| funding from the United States Department of Transportation's | 91958 |
| Commercial Vehicle Intelligent Transportation System | 91959 |
| Infrastructure Deployment Program and shall be used to deploy the | 91960 |
| Ohio Commercial Vehicle Information Systems and Networks Project | 91961 |
| and to expedite and improve the safety of motor carrier operations | 91962 |
| through electronic exchange of data by means of on-highway | 91963 |
| electronic systems. | 91964 |
| Section 209.57. PWC PUBLIC WORKS COMMISSION | 91965 |
| General Revenue Fund | 91966 |
| GRF | 150-904 | Conservation General Obligation Debt Service | $ | 13,687,300 | $ | 17,168,800 | 91967 | ||||
| GRF | 150-907 | State Capital Improvements | $ | 160,731,400 | $ | 172,145,100 | 91968 | ||||
| General Obligation Debt Service | 91969 | ||||||||||
| TOTAL GRF General Revenue Fund | $ | 174,418,700 | $ | 189,313,900 | 91970 | ||||||
| Clean Ohio Fund Group | 91971 |
| 056 | 150-403 | Clean Ohio Operating Expenses | $ | 298,245 | $ | 311,509 | 91972 | ||||
| TOTAL 056 Clean Ohio Fund Group | $ | 298,245 | $ | 311,509 | 91973 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 174,716,945 | $ | 189,625,409 | 91974 | ||||||
| CONSERVATION GENERAL OBLIGATION DEBT SERVICE | 91975 |
| The foregoing appropriation item 150-904, Conservation | 91976 |
| General Obligation Debt Service, shall be used to pay all debt | 91977 |
| service and related financing costs at the times they are required | 91978 |
| to be made under sections 151.01 and 151.09 of the Revised Code | 91979 |
| during the period from July 1, 2005, to June 30, 2007. The Office | 91980 |
| of the Sinking Fund or the Director of Budget and Management shall | 91981 |
| effectuate the required payments by intrastate transfer voucher. | 91982 |
| STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE | 91983 |
| The foregoing appropriation item 150-907, State Capital | 91984 |
| Improvements General Obligation Debt Service, shall be used to pay | 91985 |
| all debt service and related financing costs at the times they are | 91986 |
| required to be made under sections 151.01 and 151.08 of the | 91987 |
| Revised Code during the period from July 1, 2005, to June 30, | 91988 |
| 2007. The Office of the Sinking Fund or the Director of Budget and | 91989 |
| Management shall effectuate the required payments by intrastate | 91990 |
| transfer voucher. | 91991 |
| REIMBURSEMENT TO THE GENERAL REVENUE FUND | 91992 |
| (A) On or before June 1, 2007, the Director of the Public | 91993 |
| Works Commission shall certify to the Director of Budget and | 91994 |
| Management the following: | 91995 |
| (1) The total amount disbursed from appropriation item | 91996 |
| 700-409, Farmland Preservation, during the 2005-2007 biennium; and | 91997 |
| (2) The amount of interest earnings that have been credited | 91998 |
| to the Clean Ohio Conservation Fund (Fund 056) that are in excess | 91999 |
| of the amount needed for other purposes as calculated by the | 92000 |
| Director of the Public Works Commission. | 92001 |
| (B) If the Director of Budget and Management determines under | 92002 |
| division (A)(2) of this section that there are excess interest | 92003 |
| earnings, the Director of Budget and Management shall, on or | 92004 |
| before June 1, 2007, transfer the excess interest earnings to the | 92005 |
| General Revenue Fund in an amount equal to the total amount | 92006 |
| disbursed under division (A)(1) of this section from the Clean | 92007 |
| Ohio Conservation Fund. | 92008 |
| CLEAN OHIO OPERATING EXPENSES | 92009 |
| The foregoing appropriation item 150-403, Clean Ohio | 92010 |
| Operating Expenses, shall be used by the Ohio Public Works | 92011 |
| Commission in administering sections 164.20 to 164.27 of the | 92012 |
| Revised Code. | 92013 |
| Section 209.60. RAC STATE RACING COMMISSION | 92014 |
| State Special Revenue Fund Group | 92015 |
| 5C4 | 875-607 | Simulcast Horse Racing Purse | $ | 17,061,489 | $ | 17,063,948 | 92016 | ||||
| 562 | 875-601 | Thoroughbred Race Fund | $ | 4,642,378 | $ | 4,642,378 | 92017 | ||||
| 563 | 875-602 | Standardbred Development Fund | $ | 3,161,675 | $ | 3,161,675 | 92018 | ||||
| 564 | 875-603 | Quarterhorse Development Fund | $ | 2,000 | $ | 2,000 | 92019 | ||||
| 565 | 875-604 | Racing Commission Operating | $ | 4,000,000 | $ | 4,000,000 | 92020 | ||||
| TOTAL SSR State Special Revenue | 92021 | ||||||||||
| Fund Group | $ | 28,867,542 | $ | 28,870,001 | 92022 | ||||||
| Holding Account Redistribution Fund Group | 92023 |
| R21 | 875-605 | Bond Reimbursements | $ | 212,900 | $ | 212,900 | 92024 | ||||
| TOTAL 090 Holding Account Redistribution | 92025 | ||||||||||
| Fund Group | $ | 212,900 | $ | 212,900 | 92026 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 29,080,442 | $ | 29,082,901 | 92027 | ||||||
| Section 209.63. BOR BOARD OF REGENTS | 92029 |
| General Revenue Fund | 92030 |
| GRF | 235-321 | Operating Expenses | $ | 2,897,659 | $ | 2,966,351 | 92031 | ||||
| GRF | 235-401 | Lease Rental Payments | $ | 200,619,200 | $ | 200,795,300 | 92032 | ||||
| GRF | 235-402 | Sea Grants | $ | 231,925 | $ | 231,925 | 92033 | ||||
| GRF | 235-406 | Articulation and Transfer | $ | 2,900,000 | $ | 2,900,000 | 92034 | ||||
| GRF | 235-408 | Midwest Higher Education Compact | $ | 90,000 | $ | 90,000 | 92035 | ||||
| GRF | 235-409 | Information System | $ | 1,146,510 | $ | 1,175,172 | 92036 | ||||
| GRF | 235-414 | State Grants and Scholarship Administration | $ | 1,352,811 | $ | 1,382,881 | 92037 | ||||
| GRF | 235-415 | Jobs Challenge | $ | 9,348,300 | $ | 9,348,300 | 92038 | ||||
| GRF | 235-417 | Ohio Learning Network | $ | 3,119,496 | $ | 3,119,496 | 92039 | ||||
| GRF | 235-418 | Access Challenge | $ | 73,513,302 | $ | 73,004,671 | 92040 | ||||
| GRF | 235-420 | Success Challenge | $ | 52,601,934 | $ | 52,601,934 | 92041 | ||||
| GRF | 235-428 | Appalachian New Economy Partnership | $ | 1,176,068 | $ | 1,176,068 | 92042 | ||||
| GRF | 235-433 | Economic Growth Challenge | $ | 20,343,097 | $ | 23,186,194 | 92043 | ||||
| GRF | 235-434 | College Readiness and Access | $ | 6,375,975 | $ | 7,655,425 | 92044 | ||||
| GRF | 235-435 | Teacher Improvement Initiatives | $ | 2,597,506 | $ | 2,597,506 | 92045 | ||||
| GRF | 235-451 | Eminent Scholars | $ | 0 | $ | 1,370,988 | 92046 | ||||
| GRF | 235-455 | EnterpriseOhio Network | $ | 1,373,941 | $ | 1,373,941 | 92047 | ||||
| GRF | 235-474 | Area Health Education Centers Program Support | $ | 1,571,756 | $ | 1,571,756 | 92048 | ||||
| GRF | 235-501 | State Share of Instruction | $ | 1,559,096,031 | $ | 1,559,096,031 | 92049 | ||||
| GRF | 235-502 | Student Support Services | $ | 795,790 | $ | 795,790 | 92050 | ||||
| GRF | 235-503 | Ohio Instructional Grants | $ | 121,151,870 | $ | 92,496,969 | 92051 | ||||
| GRF | 235-504 | War Orphans Scholarships | $ | 4,672,321 | $ | 4,672,321 | 92052 | ||||
| GRF | 235-507 | OhioLINK | $ | 6,887,824 | $ | 6,887,824 | 92053 | ||||
| GRF | 235-508 | Air Force Institute of Technology | $ | 1,925,345 | $ | 1,925,345 | 92054 | ||||
| GRF | 235-510 | Ohio Supercomputer Center | $ | 4,021,195 | $ | 4,021,195 | 92055 | ||||
| GRF | 235-511 | Cooperative Extension Service | $ | 25,644,863 | $ | 25,644,863 | 92056 | ||||
| GRF | 235-513 | Ohio University Voinovich Center | $ | 336,082 | $ | 336,082 | 92057 | ||||
| GRF | 235-515 | Case Western Reserve University School of Medicine | $ | 3,011,271 | $ | 3,011,271 | 92058 | ||||
| GRF | 235-518 | Capitol Scholarship Program | $ | 125,000 | $ | 125,000 | 92059 | ||||
| GRF | 235-519 | Family Practice | $ | 4,548,470 | $ | 4,548,470 | 92060 | ||||
| GRF | 235-520 | Shawnee State Supplement | $ | 1,918,830 | $ | 1,822,889 | 92061 | ||||
| GRF | 235-521 | The Ohio State University Glenn Institute | $ | 286,082 | $ | 286,082 | 92062 | ||||
| GRF | 235-524 | Police and Fire Protection | $ | 171,959 | $ | 171,959 | 92063 | ||||
| GRF | 235-525 | Geriatric Medicine | $ | 750,110 | $ | 750,110 | 92064 | ||||
| GRF | 235-526 | Primary Care Residencies | $ | 2,245,688 | $ | 2,245,688 | 92065 | ||||
| GRF | 235-527 | Ohio Aerospace Institute | $ | 1,764,957 | $ | 1,764,957 | 92066 | ||||
| GRF | 235-530 | Academic Scholarships | $ | 7,800,000 | $ | 7,800,000 | 92067 | ||||
| GRF | 235-531 | Student Choice Grants | $ | 50,853,276 | $ | 52,985,376 | 92068 | ||||
| GRF | 235-534 | Student Workforce Development Grants | $ | 2,137,500 | $ | 2,137,500 | 92069 | ||||
| GRF | 235-535 | Ohio Agricultural Research and Development Center | $ | 35,830,188 | $ | 35,830,188 | 92070 | ||||
| GRF | 235-536 | The Ohio State University Clinical Teaching | $ | 13,565,885 | $ | 13,565,885 | 92071 | ||||
| GRF | 235-537 | University of Cincinnati Clinical Teaching | $ | 11,157,756 | $ | 11,157,756 | 92072 | ||||
| GRF | 235-538 | Medical University of Ohio at Toledo Clinical Teaching | $ | 8,696,866 | $ | 8,696,866 | 92073 | ||||
| GRF | 235-539 | Wright State University Clinical Teaching | $ | 4,225,107 | $ | 4,225,107 | 92074 | ||||
| GRF | 235-540 | Ohio University Clinical Teaching | $ | 4,084,540 | $ | 4,084,540 | 92075 | ||||
| GRF | 235-541 | Northeastern Ohio Universities College of Medicine Clinical Teaching | $ | 4,200,945 | $ | 4,200,945 | 92076 | ||||
| GRF | 235-543 | Ohio College of Podiatric Medicine Clinic Subsidy | $ | 250,000 | $ | 250,000 | 92077 | ||||
| GRF | 525-547 | School of International Business | $ | 250,000 | $ | 250,000 | 92078 | ||||
| GRF | 235-549 | Part-time Student Instructional Grants | $ | 14,457,721 | $ | 10,534,617 | 92079 | ||||
| GRF | 235-552 | Capital Component | $ | 19,058,863 | $ | 19,058,863 | 92080 | ||||
| GRF | 235-553 | Dayton Area Graduate Studies Institute | $ | 2,806,599 | $ | 2,806,599 | 92081 | ||||
| GRF | 235-554 | Priorities in Collaborative Graduate Education | $ | 2,355,548 | $ | 2,355,548 | 92082 | ||||
| GRF | 235-555 | Library Depositories | $ | 1,696,458 | $ | 1,696,458 | 92083 | ||||
| GRF | 235-556 | Ohio Academic Resources Network | $ | 3,727,223 | $ | 3,727,223 | 92084 | ||||
| GRF | 235-558 | Long-term Care Research | $ | 211,047 | $ | 211,047 | 92085 | ||||
| GRF | 235-561 | Bowling Green State University Canadian Studies Center | $ | 100,015 | $ | 100,015 | 92086 | ||||
| GRF | 235-563 | Ohio College Opportunity Grant | $ | 0 | $ | 58,144,139 | 92087 | ||||
| GRF | 235-572 | The Ohio State University Clinic Support | $ | 1,277,019 | $ | 1,277,019 | 92088 | ||||
| GRF | 235-583 | Urban University Program | $ | 4,992,937 | $ | 4,992,937 | 92089 | ||||
| GRF | 235-587 | Rural University Projects | $ | 1,147,889 | $ | 1,147,889 | 92090 | ||||
| GRF | 235-596 | Hazardous Materials Program | $ | 360,435 | $ | 360,435 | 92091 | ||||
| GRF | 235-599 | National Guard Scholarship Program | $ | 15,128,472 | $ | 16,611,063 | 92092 | ||||
| GRF | 235-909 | Higher Education General Obligation Debt Service | $ | 137,600,300 | $ | 152,114,100 | 92093 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,468,585,757 | $ | 2,517,472,869 | 92094 | ||||||
| General Services Fund Group | 92095 |
| 220 | 235-614 | Program Approval and Reauthorization | $ | 400,000 | $ | 400,000 | 92096 | ||||
| 456 | 235-603 | Sales and Services | $ | 700,000 | $ | 900,000 | 92097 | ||||
| TOTAL GSF General Services | 92098 | ||||||||||
| Fund Group | $ | 1,100,000 | $ | 1,300,000 | 92099 | ||||||
| Federal Special Revenue Fund Group | 92100 |
| 3H2 | 235-608 | Human Services Project | $ | 1,500,000 | $ | 1,500,000 | 92101 | ||||
| 3H2 | 235-622 | Medical Collaboration Network | $ | 3,346,143 | $ | 3,346,143 | 92102 | ||||
| 3N6 | 235-605 | State Student Incentive Grants | $ | 2,196,680 | $ | 2,196,680 | 92103 | ||||
| 3T0 | 235-610 | National Health Service Corps - Ohio Loan Repayment | $ | 150,001 | $ | 150,001 | 92104 | ||||
| 312 | 235-609 | Tech Prep | $ | 183,850 | $ | 183,850 | 92105 | ||||
| 312 | 235-611 | Gear-up Grant | $ | 1,370,691 | $ | 1,370,691 | 92106 | ||||
| 312 | 235-612 | Carl D. Perkins Grant/Plan Administration | $ | 112,960 | $ | 112,960 | 92107 | ||||
| 312 | 235-615 | Professional Development | $ | 523,129 | $ | 523,129 | 92108 | ||||
| 312 | 235-617 | Improving Teacher Quality Grant | $ | 2,900,000 | $ | 2,900,000 | 92109 | ||||
| 312 | 235-619 | Ohio Supercomputer Center | $ | 6,000,000 | $ | 6,000,000 | 92110 | ||||
| 312 | 235-621 | Science Education Network | $ | 1,686,970 | $ | 1,686,970 | 92111 | ||||
| 312 | 235-631 | Federal Grants | $ | 250,590 | $ | 250,590 | 92112 | ||||
| TOTAL FED Federal Special Revenue | 92113 | ||||||||||
| Fund Group | $ | 20,221,014 | $ | 20,221,014 | 92114 | ||||||
| State Special Revenue Fund Group | 92115 |
| 4E8 | 235-602 | Higher Educational Facility Commission Administration | $ | 55,000 | $ | 55,000 | 92116 | ||||
| 4P4 | 235-604 | Physician Loan Repayment | $ | 476,870 | $ | 476,870 | 92117 | ||||
| 649 | 235-607 | The Ohio State University Highway/Transportation Research | $ | 760,000 | $ | 760,000 | 92118 | ||||
| 682 | 235-606 | Nursing Loan Program | $ | 893,000 | $ | 893,000 | 92119 | ||||
| TOTAL SSR State Special Revenue | 92120 | ||||||||||
| Fund Group | $ | 2,184,870 | $ | 2,184,870 | 92121 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,492,091,641 | $ | 2,541,178,753 | 92122 | ||||||
| Section 209.63.03. OPERATING EXPENSES | 92124 |
| Of the foregoing appropriation item 235-321, Operating | 92125 |
| Expenses, up to $150,000 in each fiscal year shall be used in | 92126 |
| conjunction with funding provided in the Department of Education | 92127 |
| budget under appropriation item 200-427, Academic Standards, to | 92128 |
| create Ohio's Partnership for Continued Learning, in consultation | 92129 |
| with the Governor's Office. The Partnership, which replaces and | 92130 |
| broadens the former Joint Council of the Department of Education | 92131 |
| and the Board of Regents, shall advise and make recommendations to | 92132 |
| promote collaboration among relevant state entities in an effort | 92133 |
| to help local communities develop coherent and successful "P-16" | 92134 |
| learning systems. The Director of Budget and Management may | 92135 |
| transfer any unencumbered fiscal year 2006 balance to fiscal year | 92136 |
| 2007 to support the activities of the Partnership. | 92137 |
| Section 209.63.06. LEASE RENTAL PAYMENTS | 92138 |
| The foregoing appropriation item 235-401, Lease Rental | 92139 |
| Payments, shall be used to meet all payments at the times they are | 92140 |
| required to be made during the period from July 1, 2005, to June | 92141 |
| 30, 2007, by the Board of Regents under leases and agreements made | 92142 |
| under section 154.21 of the Revised Code, but limited to the | 92143 |
| aggregate amount of $401,414,500. Nothing in this act shall be | 92144 |
| deemed to contravene the obligation of the state to pay, without | 92145 |
| necessity for further appropriation, from the sources pledged | 92146 |
| thereto, the bond service charges on obligations issued pursuant | 92147 |
| to section 154.21 of the Revised Code. | 92148 |
| Section 209.63.09. SEA GRANTS | 92149 |
| The foregoing appropriation item 235-402, Sea Grants, shall | 92150 |
| be disbursed to the Ohio State University and shall be used to | 92151 |
| conduct research on fish in Lake Erie. | 92152 |
| Section 209.63.12. ARTICULATION AND TRANSFER | 92153 |
| The foregoing appropriation item 235-406, Articulation and | 92154 |
| Transfer, shall be used by the Board of Regents to maintain and | 92155 |
| expand the work of the Articulation and Transfer Council to | 92156 |
| develop a system of transfer policies to ensure that students at | 92157 |
| state institutions of higher education can transfer and have | 92158 |
| coursework apply to their majors and degrees at any other state | 92159 |
| institution of higher education without unnecessary duplication or | 92160 |
| institutional barriers under sections 3333.16, 3333.161, and | 92161 |
| 3333.162 of the Revised Code. | 92162 |
| Of the foregoing appropriation item 235-406, Articulation and | 92163 |
| Transfer, $200,000 in each fiscal year shall be used to support | 92164 |
| the work of the Articulation and Transfer Council under division | 92165 |
| (B) of section 3333.162 of the Revised Code. | 92166 |
| Section 209.63.15. MIDWEST HIGHER EDUCATION COMPACT | 92167 |
| The foregoing appropriation item 235-408, Midwest Higher | 92168 |
| Education Compact, shall be distributed by the Board of Regents | 92169 |
| under section 3333.40 of the Revised Code. | 92170 |
| Section 209.63.18. INFORMATION SYSTEM | 92171 |
| The foregoing appropriation item 235-409, Information System, | 92172 |
| shall be used by the Board of Regents to operate the higher | 92173 |
| education information data system known as the Higher Education | 92174 |
| Information System. | 92175 |
| Section 209.63.21. STATE GRANTS AND SCHOLARSHIP | 92176 |
| ADMINISTRATION | 92177 |
| The foregoing appropriation item 235-414, State Grants and | 92178 |
| Scholarship Administration, shall be used by the Board of Regents | 92179 |
| to administer the following student financial aid programs: Ohio | 92180 |
| Instructional Grant, Part-time Student Instructional Grant, Ohio | 92181 |
| College Opportunity Grant, Ohio Student Choice Grant, Ohio | 92182 |
| Academic Scholarship, Ohio War Orphans' Scholarship, Nurse | 92183 |
| Education Assistance Loan Program, Student Workforce Development | 92184 |
| Grant, Regents Graduate/Professional Fellowship, Ohio Safety | 92185 |
| Officers College Memorial Fund, Capitol Scholarship Program, and | 92186 |
| any other student financial aid programs created by the General | 92187 |
| Assembly. The appropriation item also shall be used to administer | 92188 |
| the federal Leveraging Educational Assistance Partnership (LEAP) | 92189 |
| and Special Leveraging Educational Assistance Partnership (SLEAP) | 92190 |
| programs and other student financial aid programs created by | 92191 |
| Congress and to provide fiscal services for the Ohio National | 92192 |
| Guard Scholarship Program and the Physician Loan Repayment | 92193 |
| Program. | 92194 |
| Section 209.63.24. JOBS CHALLENGE | 92195 |
| Funds appropriated to the foregoing appropriation item | 92196 |
| 235-415, Jobs Challenge, shall be distributed to state-assisted | 92197 |
| community and technical colleges, regional campuses of | 92198 |
| state-assisted universities, and other organizationally distinct | 92199 |
| and identifiable member campuses of the EnterpriseOhio Network in | 92200 |
| support of noncredit job-related training. In each fiscal year, | 92201 |
| $2,770,773 shall be distributed as performance grants to | 92202 |
| EnterpriseOhio Network campuses based upon each campus's | 92203 |
| documented performance according to criteria established by the | 92204 |
| Board of Regents for increasing training and related services to | 92205 |
| businesses, industries, and public sector organizations. | 92206 |
| Of the foregoing appropriation item 235-415, Jobs Challenge, | 92207 |
| $2,819,345 in each fiscal year shall be allocated to the Targeted | 92208 |
| Industries Training Grant Program to attract, develop, and retain | 92209 |
| business and industry strategically important to the state's | 92210 |
| economy. | 92211 |
| Also, in each fiscal year, $3,758,182 shall be allocated to | 92212 |
| the Higher Skills Incentives Program to promote and deliver | 92213 |
| coordinated, comprehensive training to local employers and to | 92214 |
| reward EnterpriseOhio Network campuses for increasing the amount | 92215 |
| of non-credit skill upgrading services provided to Ohio employers | 92216 |
| and employees. The funds shall be distributed to campuses in | 92217 |
| proportion to each campus's share of noncredit job-related | 92218 |
| training revenues received by all campuses for the previous fiscal | 92219 |
| year. It is the intent of the General Assembly that this Higher | 92220 |
| Skills Incentives component of the Jobs Challenge Program reward | 92221 |
| campus noncredit job-related training efforts in the same manner | 92222 |
| that the Research Incentive Program rewards campuses for their | 92223 |
| ability to obtain sponsored research revenues. | 92224 |
| Section 209.63.27. OHIO LEARNING NETWORK | 92225 |
| The foregoing appropriation item 235-417, Ohio Learning | 92226 |
| Network, shall be used by the Board of Regents to support the | 92227 |
| continued implementation of the Ohio Learning Network, a statewide | 92228 |
| electronic collaborative effort designed to promote degree | 92229 |
| completion of students, workforce training of employees, and | 92230 |
| professional development through the use of advanced | 92231 |
| telecommunications and distance education initiatives. | 92232 |
| Section 209.63.30. ACCESS CHALLENGE | 92233 |
| In each fiscal year, the foregoing appropriation item | 92234 |
| 235-418, Access Challenge, shall be distributed to Ohio's | 92235 |
| state-assisted access colleges and universities. For the purposes | 92236 |
| of this allocation, "access campuses" includes state-assisted | 92237 |
| community colleges, state community colleges, technical colleges, | 92238 |
| Shawnee State University, Central State University, Cleveland | 92239 |
| State University, the regional campuses of state-assisted | 92240 |
| universities, and, where they are organizationally distinct and | 92241 |
| identifiable, the community-technical colleges located at the | 92242 |
| University of Cincinnati, Youngstown State University, and the | 92243 |
| University of Akron. | 92244 |
| The purpose of Access Challenge is to reduce the student | 92245 |
| share of costs for resident undergraduates enrolled in lower | 92246 |
| division undergraduate courses at Ohio's access campuses. The | 92247 |
| long-term goal is to make the student share of costs for these | 92248 |
| students equivalent to the student share of costs for resident | 92249 |
| undergraduate students enrolled throughout Ohio's public colleges | 92250 |
| and universities. Access Challenge appropriations shall be used in | 92251 |
| both years of the biennium to sustain, as much as possible, the | 92252 |
| tuition restraint or tuition reduction that was achieved with | 92253 |
| Access Challenge allocations in prior years. | 92254 |
| In fiscal year 2006, Access Challenge subsidies shall be | 92255 |
| distributed by the Board of Regents to eligible access campuses on | 92256 |
| the basis of the average of each campus's share of fiscal year | 92257 |
| 2003 and 2004 all-terms subsidy-eligible General Studies FTEs. In | 92258 |
| fiscal year 2007, Access Challenge subsidies shall be distributed | 92259 |
| by the Board of Regents to eligible access campuses on the basis | 92260 |
| of the average of each campus's share of fiscal year 2004 and 2005 | 92261 |
| all-terms subsidy-eligible General Studies FTEs. | 92262 |
| For purposes of this calculation, Cleveland State | 92263 |
| University's enrollments shall be adjusted by the ratio of the sum | 92264 |
| of subsidy-eligible lower-division FTE student enrollments | 92265 |
| eligible for access funding to the sum of subsidy-eligible General | 92266 |
| Studies FTE student enrollments at Central State University and | 92267 |
| Shawnee State University, and for the following universities and | 92268 |
| their regional campuses: the Ohio State University, Ohio | 92269 |
| University, Kent State University, Bowling Green State University, | 92270 |
| Miami University, the University of Cincinnati, the University of | 92271 |
| Akron, and Wright State University. | 92272 |
| Of the foregoing appropriation item 235-418, Access | 92273 |
| Challenge, $10,172,626 in fiscal year 2006 and $9,663,995 in | 92274 |
| fiscal year 2007 shall be used by Central State University to keep | 92275 |
| undergraduate fees below the statewide average, consistent with | 92276 |
| its mission of service to many first-generation college students | 92277 |
| from groups historically underrepresented in higher education and | 92278 |
| from families with limited incomes. | 92279 |
| Section 209.63.33. SUCCESS CHALLENGE | 92280 |
| The foregoing appropriation item 235-420, Success Challenge, | 92281 |
| shall be used by the Board of Regents to promote degree completion | 92282 |
| by students enrolled at a main campus of a state-assisted | 92283 |
| university. | 92284 |
| Of the foregoing appropriation item 235-420, Success | 92285 |
| Challenge, 66.67 per cent of the appropriation in each fiscal year | 92286 |
| shall be distributed to state-assisted university main campuses in | 92287 |
| proportion to each campus's share of the total statewide | 92288 |
| bachelor's degrees granted by university main campuses to | 92289 |
| "at-risk" students. In fiscal years 2006 and 2007, an "at-risk" | 92290 |
| student means any undergraduate student who was eligible to | 92291 |
| receive an Ohio need-based financial aid award during the past ten | 92292 |
| years. An eligible institution shall not receive its share of this | 92293 |
| distribution until it has submitted a plan that addresses how the | 92294 |
| subsidy will be used to better serve at-risk students and increase | 92295 |
| their likelihood of successful completion of a bachelor's degree | 92296 |
| program. The Board of Regents shall disseminate to all | 92297 |
| state-supported institutions of higher education all such plans | 92298 |
| submitted by institutions that received Success Challenge funds. | 92299 |
| Of the foregoing appropriation item 235-420, Success | 92300 |
| Challenge, 33.33 per cent of the appropriation in each fiscal year | 92301 |
| shall be distributed to university main campuses in proportion to | 92302 |
| each campus's share of the total bachelor's degrees granted by | 92303 |
| university main campuses to undergraduate students who completed | 92304 |
| their bachelor's degrees in a "timely manner" in the previous | 92305 |
| fiscal year. For purposes of this section, "timely manner" means | 92306 |
| the normal time it would take for a full-time degree-seeking | 92307 |
| undergraduate student to complete the student's degree. Generally, | 92308 |
| for such students pursuing a bachelor's degree, "timely manner" | 92309 |
| means four years. Exceptions to this general rule shall be | 92310 |
| permitted for students enrolled in programs specifically designed | 92311 |
| to be completed in a longer time period. The Board of Regents | 92312 |
| shall collect data to assess the timely completion statistics by | 92313 |
| university main campuses. | 92314 |
| Section 209.63.36. APPALACHIAN NEW ECONOMY PARTNERSHIP | 92315 |
| The foregoing appropriation item 235-428, Appalachian New | 92316 |
| Economy Partnership, shall be distributed to Ohio University to | 92317 |
| continue a multi-campus and multi-agency coordinated effort to | 92318 |
| link Appalachia to the new economy. Ohio University shall use | 92319 |
| these funds to provide leadership in the development and | 92320 |
| implementation of initiatives in the areas of entrepreneurship, | 92321 |
| management, education, and technology. | 92322 |
| Section 209.63.39. ECONOMIC GROWTH CHALLENGE | 92323 |
| The foregoing appropriation item 235-433, Economic Growth | 92324 |
| Challenge, shall be used to enhance the basic research | 92325 |
| capabilities of Ohio's public and private institutions of higher | 92326 |
| education, support improved graduate programs throughout the | 92327 |
| state, and promote the transfer of technology developed by | 92328 |
| colleges and universities to private industry to further the | 92329 |
| economic goals of the state. | 92330 |
| Of the foregoing appropriation item 235-433, Economic Growth | 92331 |
| Challenge, $18,000,000 in each fiscal year shall be used for the | 92332 |
| Research Incentive Program to enhance the basic research | 92333 |
| capabilities of public colleges and universities and accredited | 92334 |
| Ohio institutions of higher education holding certificates of | 92335 |
| authorization issued under section 1713.02 of the Revised Code, in | 92336 |
| order to strengthen academic research for pursuing Ohio's economic | 92337 |
| development goals. The Board of Regents, in consultation with the | 92338 |
| colleges and universities, shall administer the Research Incentive | 92339 |
| Program and utilize a means of matching, on a fractional basis, | 92340 |
| external funds attracted in the previous year by institutions for | 92341 |
| basic research. The program may include incentives for increasing | 92342 |
| the amount of external research funds coming to eligible | 92343 |
| institutions and for focusing research efforts upon critical state | 92344 |
| needs. Colleges and universities shall submit for review and | 92345 |
| approval to the Board of Regents plans for the institutional | 92346 |
| allocation of state dollars received through the program. The | 92347 |
| institutional plans shall provide the rationale for the allocation | 92348 |
| in terms of the strategic targeting of funds for academic and | 92349 |
| state purposes, for strengthening research programs, for | 92350 |
| increasing the amount of external research funds, and shall | 92351 |
| include an evaluation process to provide results of the increased | 92352 |
| support. Institutional plans for the use of Research Incentive | 92353 |
| funding must demonstrate a significant investment in Third | 92354 |
| Frontier activities funded at the institution. For a college or | 92355 |
| university with multiple Third Frontier grants, as much as ten per | 92356 |
| cent of that institution's Research Incentive funding may be | 92357 |
| invested in Third Frontier Project-related activities. Each | 92358 |
| institutional plan for the investment of Research Incentive moneys | 92359 |
| shall report on existing, planned, or possible relationships with | 92360 |
| other state science and technology programs and funding recipients | 92361 |
| in order to further ongoing statewide science and technology | 92362 |
| collaboration objectives. The Board of Regents shall submit a | 92363 |
| biennial report of progress to the General Assembly. | 92364 |
| In fiscal year 2006, each state-assisted doctoral | 92365 |
| degree-granting university and those accredited Ohio institutions | 92366 |
| of higher education holding certificates of authorization under | 92367 |
| section 1713.02 of the Revised Code electing to participate in the | 92368 |
| Innovation Incentive Program shall initiate a comprehensive | 92369 |
| Innovation Incentive Plan designed to enhance doctoral programs | 92370 |
| and areas of research that have the greatest potential to attract | 92371 |
| preeminent researchers and build research capacity; enhance | 92372 |
| regional or state economic growth by creating new products and | 92373 |
| services to be commercialized; and complement Ohio's Third | 92374 |
| Frontier Project. | 92375 |
| Funding for the Innovation Incentive Program shall be | 92376 |
| generated from those state-assisted universities electing to set | 92377 |
| aside a portion of their allocation of the current doctoral | 92378 |
| reserve as provided in appropriation item 235-501, State Share of | 92379 |
| Instruction, and state matching funds provided in appropriation | 92380 |
| item 235-433, Economic Growth Challenge. Additionally, those | 92381 |
| accredited Ohio institutions of higher education holding | 92382 |
| certificates of authorization under section 1713.02 of the Revised | 92383 |
| Code electing to participate in the Innovation Incentive Program | 92384 |
| shall be required to set aside an amount comparable to the | 92385 |
| state-assisted universities. The criteria for the determination of | 92386 |
| this amount shall be developed by the Board of Regents. | 92387 |
| Of the foregoing appropriation item 235-433, Economic Growth | 92388 |
| Challenge, $2,343,097 in fiscal year 2006 and $4,686,194 in fiscal | 92389 |
| year 2007 shall match funds set aside by the state-assisted | 92390 |
| universities for the Innovation Incentive Program. The set aside | 92391 |
| begins in fiscal year 2006 and is intended to increase | 92392 |
| incrementally over a period of ten years with the goal of setting | 92393 |
| aside a total of fifteen per cent of the doctoral reserve from | 92394 |
| appropriation item 235-501, State Share of Instruction, by 2016. | 92395 |
| The Board of Regents shall use the combined amount of each | 92396 |
| participating state-assisted university's set aside of the | 92397 |
| doctoral reserve that has been withheld, the state matching funds | 92398 |
| earmarked under appropriation item 235-433, Economic Growth | 92399 |
| Challenge, and the amount set aside by each accredited Ohio | 92400 |
| institution of higher education holding a certificate of | 92401 |
| authorization under section 1713.02 of the Revised Code electing | 92402 |
| to participate in the Innovation Incentive Program to make awards | 92403 |
| through a competitive process under the Innovation Incentive | 92404 |
| Program. Only universities electing to set aside the prescribed | 92405 |
| amount shall be eligible to compete for and receive Innovation | 92406 |
| Incentive awards. The participating universities shall use these | 92407 |
| awards to restructure their array of doctoral programs. | 92408 |
| Of the foregoing appropriation item 235-433, Economic Growth | 92409 |
| Challenge, $500,000 in fiscal year 2007 shall be distributed for | 92410 |
| the Technology Commercialization Incentive. The purpose of the | 92411 |
| Technology Commercialization Incentive is to reward public and | 92412 |
| private colleges and universities for successful technology | 92413 |
| transfer to Ohio-based business and industry resulting in the | 92414 |
| commercialization of new products, processes, and services and the | 92415 |
| establishment of new business start-ups within the state. The | 92416 |
| Third Frontier Commission, with counsel from the Third Frontier | 92417 |
| Advisory Board, shall establish the eligibility criteria for | 92418 |
| public and private colleges and universities interested in | 92419 |
| applying for Technology Commercialization Incentive funding. To | 92420 |
| qualify for the funds, public and private colleges and | 92421 |
| universities must maintain a significant investment in their own | 92422 |
| technology-transfer and commercialization operation and | 92423 |
| capabilities, and possess a significant history of successful | 92424 |
| research partnerships with Ohio-based business and industry. | 92425 |
| Section 209.63.42. COLLEGE READINESS AND ACCESS | 92426 |
| Appropriation item 235-434, College Readiness and Access, | 92427 |
| shall be used by the Board of Regents to support programs designed | 92428 |
| to improve the academic preparation and increase the number of | 92429 |
| students that enroll and succeed in higher education such as the | 92430 |
| Ohio College Access Network, the state match for the federal | 92431 |
| Gaining Early Awareness and Readiness for Undergraduate Program, | 92432 |
| and early awareness initiatives. The appropriation item shall also | 92433 |
| be used to support innovative statewide strategies to increase | 92434 |
| student access and retention for specialized populations, and to | 92435 |
| provide for pilot projects that will contribute to improving | 92436 |
| access to higher education by specialized populations. The funds | 92437 |
| may be used for projects that improve access for nonpublic | 92438 |
| secondary students. | 92439 |
| Of the foregoing appropriation item 235-434, College | 92440 |
| Readiness and Access, $798,684 in fiscal year 2006 and $822,645 in | 92441 |
| fiscal year 2007 shall be distributed to the Ohio Appalachian | 92442 |
| Center for Higher Education at Shawnee State University. The board | 92443 |
| of directors of the Center shall consist of the presidents of | 92444 |
| Shawnee State University, Ohio University, Belmont Technical | 92445 |
| College, Hocking College, Jefferson Community College, Zane State | 92446 |
| College, Rio Grande Community College, Southern State Community | 92447 |
| College, and Washington State Community College; the dean of one | 92448 |
| of the Salem, Tuscarawas, and East Liverpool regional campuses of | 92449 |
| Kent State University, as designated by the president of Kent | 92450 |
| State University; and a representative of the Board of Regents | 92451 |
| designated by the Chancellor. | 92452 |
| Of the foregoing appropriation item 235-434, College | 92453 |
| Readiness and Access, $169,553 in fiscal year 2006 and $174,640 in | 92454 |
| fiscal year 2007 shall be distributed to Miami University for the | 92455 |
| Student Achievement in Research and Scholarship (STARS) Program. | 92456 |
| Of the foregoing appropriation item 235-434, College | 92457 |
| Readiness and Access, $1,574,535 in fiscal year 2006 and | 92458 |
| $2,753,985 in fiscal year 2007 shall be used in conjunction with | 92459 |
| funding provided in the Ohio Department of Education budget under | 92460 |
| appropriation item 200-431, School Improvement Initiatives, to | 92461 |
| support the Early College High School Pilot Program. | 92462 |
| Section 209.63.45. TEACHER IMPROVEMENT INITIATIVES | 92463 |
| Appropriation item 235-435, Teacher Improvement Initiatives, | 92464 |
| shall be used by the Board of Regents to support programs such as | 92465 |
| OSI - Discovery and the Centers of Excellence in Mathematics and | 92466 |
| Science designed to raise the quality of mathematics and science | 92467 |
| teaching in primary and secondary education. | 92468 |
| Of the foregoing appropriation item 235-435, Teacher | 92469 |
| Improvement Initiatives, $204,049 in each fiscal year shall be | 92470 |
| distributed to the Mathematics and Science Center in Lake County. | 92471 |
| Of the foregoing appropriation item 235-435, Teacher | 92472 |
| Improvement Initiatives, $81,619 in each fiscal year shall be | 92473 |
| distributed to the Ohio Mathematics and Science Coalition. | 92474 |
| Of the foregoing appropriation item 234-435, Teacher | 92475 |
| Improvement Initiatives, $100,000 in each fiscal year shall be | 92476 |
| distributed to the Teacher Quality Partnerships study. | 92477 |
| Of the foregoing appropriation item 235-435, Teacher | 92478 |
| Improvement Initiatives, $799,871 in each fiscal year shall be | 92479 |
| distributed to the Ohio Resource Center for Mathematics, Science, | 92480 |
| and Reading. The funds shall be used to support a resource center | 92481 |
| for mathematics, science, and reading to be located at a | 92482 |
| state-assisted university for the purpose of identifying best | 92483 |
| educational practices in primary and secondary schools and | 92484 |
| establishing methods for communicating them to colleges of | 92485 |
| education and school districts. The Ohio Resource Center for | 92486 |
| Mathematics, Science, and Reading shall not make available | 92487 |
| resources that are inconsistent with the K-12 science standards | 92488 |
| and policies as adopted by the State Board of Education. | 92489 |
| Section 209.63.48. EMINENT SCHOLARS | 92490 |
| The foregoing appropriation item 235-451, Eminent Scholars, | 92491 |
| shall be used by the Ohio Board of Regents to continue the Ohio | 92492 |
| Eminent Scholars Program, the purpose of which is to invest | 92493 |
| educational resources to address problems that are of vital | 92494 |
| statewide significance while fostering the growth in eminence of | 92495 |
| Ohio's academic programs. Ohio Eminent Scholars endowed chairs | 92496 |
| shall allow Ohio universities to recruit senior faculty members | 92497 |
| from outside Ohio who are nationally and internationally | 92498 |
| recognized scholars in areas of science and technology that | 92499 |
| provide the basic research platforms on which the state's | 92500 |
| technology and commercialization efforts are built. Endowment | 92501 |
| grants of approximately $685,494 to state colleges and | 92502 |
| universities and nonprofit Ohio institutions of higher education | 92503 |
| holding certificates of authorization issued under section 1713.02 | 92504 |
| of the Revised Code to match endowment gifts from nonstate sources | 92505 |
| may be made in accordance with a plan established by the Ohio | 92506 |
| Board of Regents. Matching nonstate endowment gifts shall be equal | 92507 |
| to the state's endowment grant of approximately $685,494. The | 92508 |
| grants shall have as their purpose attracting and sustaining in | 92509 |
| Ohio scholar-leaders of national or international prominence; each | 92510 |
| grant shall assist in accelerating state economic growth through | 92511 |
| research that provides an essential basic science platform for | 92512 |
| commercialization efforts. Such scholar-leaders shall, among their | 92513 |
| duties, share broadly the benefits and knowledge unique to their | 92514 |
| fields of scholarship to the betterment of Ohio and its people and | 92515 |
| collaborate with other state technology programs and program | 92516 |
| recipients. | 92517 |
| All new Eminent Scholar awards made by the Board of Regents | 92518 |
| shall be associated with a Wright Center of Innovation, a | 92519 |
| Partnership Award from the Biomedical Research and Technology | 92520 |
| Transfer Trust Fund, or a Wright Capital Project. | 92521 |
| Section 209.63.51. ENTERPRISEOHIO NETWORK | 92522 |
| The foregoing appropriation item 235-455, EnterpriseOhio | 92523 |
| Network, shall be allocated by the Board of Regents to continue | 92524 |
| increasing the capabilities of the EnterpriseOhio Network to meet | 92525 |
| the ongoing training needs of Ohio employers. Funds shall support | 92526 |
| multicampus collaboration, best practice dissemination, and | 92527 |
| capacity building projects. The Regents Advisory Committee for | 92528 |
| Workforce Development, in its advisory role, shall advise in the | 92529 |
| development of plans and activities. | 92530 |
| Of the foregoing appropriation item 235-455, EnterpriseOhio | 92531 |
| Network, $165,300 in each fiscal year shall be used by the Dayton | 92532 |
| Business/Sinclair College Jobs Profiling Program. | 92533 |
| Section 209.63.54. AREA HEALTH EDUCATION CENTERS | 92534 |
| The foregoing appropriation item 235-474, Area Health | 92535 |
| Education Centers Program Support, shall be used by the Board of | 92536 |
| Regents to support the medical school regional area health | 92537 |
| education centers' educational programs for the continued support | 92538 |
| of medical and other health professions education and for support | 92539 |
| of the Area Health Education Center Program. | 92540 |
| Of the foregoing appropriation item 235-474, Area Health | 92541 |
| Education Centers Program Support, $159,158 in each fiscal year | 92542 |
| shall be disbursed to the Ohio University College of Osteopathic | 92543 |
| Medicine to operate a mobile health care unit to serve the | 92544 |
| southeastern area of the state. | 92545 |
| Of the foregoing appropriation item 235-474, Area Health | 92546 |
| Education Centers Program Support, $119,369 in each fiscal year | 92547 |
| shall be used to support the Ohio Valley Community Health | 92548 |
| Information Network (OVCHIN) project. | 92549 |
| Section 209.63.57. STATE SHARE OF INSTRUCTION | 92550 |
| As soon as practicable during each fiscal year of the | 92551 |
| biennium ending June 30, 2007, in accordance with instructions of | 92552 |
| the Board of Regents, each state-assisted institution of higher | 92553 |
| education shall report its actual enrollment to the Board of | 92554 |
| Regents. | 92555 |
| The Board of Regents shall establish procedures required by | 92556 |
| the system of formulas set out below and for the assignment of | 92557 |
| individual institutions to categories described in the formulas. | 92558 |
| The system of formulas establishes the manner in which aggregate | 92559 |
| expenditure requirements shall be determined for each of the three | 92560 |
| components of institutional operations. In addition to other | 92561 |
| adjustments and calculations described below, the subsidy | 92562 |
| entitlement of an institution shall be determined by subtracting | 92563 |
| from the institution's aggregate expenditure requirements income | 92564 |
| to be derived from the local contributions assumed in calculating | 92565 |
| the subsidy entitlements. The local contributions for purposes of | 92566 |
| determining subsidy support shall not limit the authority of the | 92567 |
| individual boards of trustees to establish fee levels. | 92568 |
| The General Studies and Technical models shall be adjusted by | 92569 |
| the Board of Regents so that the share of state subsidy earned by | 92570 |
| those models is not altered by changes in the overall local share. | 92571 |
| A lower-division fee differential shall be used to maintain the | 92572 |
| relationship that would have occurred between these models and the | 92573 |
| baccalaureate models had an assumed share of 37.5 per cent been | 92574 |
| funded. | 92575 |
| In defining the number of full-time equivalent (FTE) students | 92576 |
| for state subsidy purposes, the Board of Regents shall exclude all | 92577 |
| undergraduate students who are not residents of Ohio, except those | 92578 |
| charged in-state fees in accordance with reciprocity agreements | 92579 |
| made under section 3333.17 of the Revised Code or employer | 92580 |
| contracts entered into under section 3333.32 of the Revised Code. | 92581 |
| (A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT | 92582 |
| (1) INSTRUCTION AND SUPPORT SERVICES | 92583 |
| MODEL | FY 2006 | FY 2007 | 92584 | |
| General Studies I | $ 4,655 | $ 4,655 | 92585 | |
| General Studies II | $ 5,135 | $ 5,135 | 92586 | |
| General Studies III | $ 6,365 | $ 6,365 | 92587 | |
| Technical I | $ 5,926 | $ 5,926 | 92588 | |
| Technical III | $ 9,107 | $ 9,107 | 92589 | |
| Baccalaureate I | $ 7,160 | $ 7,160 | 92590 | |
| Baccalaureate II | $ 8,235 | $ 8,235 | 92591 | |
| Baccalaureate III | $ 11,841 | $ 11,841 | 92592 | |
| Masters and Professional I | $ 19,088 | $ 19,088 | 92593 | |
| Masters and Professional II | $ 20,984 | $ 20,984 | 92594 | |
| Masters and Professional III | $ 27,234 | $ 27,234 | 92595 | |
| Medical I | $ 29,143 | $ 29,143 | 92596 | |
| Medical II | $ 37,172 | $ 37,172 | 92597 | |
| MPD I | $ 13,645 | $ 13,645 | 92598 |
| (2) STUDENT SERVICES | 92599 |
| For this purpose, FTE counts shall be weighted to reflect | 92600 |
| differences among institutions in the numbers of students enrolled | 92601 |
| on a part-time basis. The student services subsidy per FTE shall | 92602 |
| be $890 in each fiscal year for all models. | 92603 |
| (B) PLANT OPERATION AND MAINTENANCE (POM) | 92604 |
| (1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY | 92605 |
| Space undergoing renovation shall be funded at the rate | 92606 |
| allowed for storage space. | 92607 |
| In the calculation of square footage for each campus, square | 92608 |
| footage shall be weighted to reflect differences in space | 92609 |
| utilization. | 92610 |
| The space inventories for each campus shall be those | 92611 |
| determined in the fiscal year 2003 state share of instruction | 92612 |
| calculation, adjusted for changes attributable to the construction | 92613 |
| or renovation of facilities for which state appropriations were | 92614 |
| made or local commitments were made prior to January 1, 1995. | 92615 |
| Only 50 per cent of the space permanently taken out of | 92616 |
| operation in fiscal year 2006 or fiscal year 2007 that is not | 92617 |
| otherwise replaced by a campus shall be deleted from the plant | 92618 |
| operation and maintenance space inventory. | 92619 |
| The square-foot-based plant operation and maintenance subsidy | 92620 |
| for each campus shall be determined as follows: | 92621 |
| (a) For each standard room type category shown below, the | 92622 |
| subsidy-eligible net assignable square feet (NASF) for each campus | 92623 |
| shall be multiplied by the following rates, and the amounts summed | 92624 |
| for each campus to determine the total gross square-foot-based POM | 92625 |
| expenditure requirement: | 92626 |
| FY 2006 | FY 2007 | 92627 | ||
| Classrooms | $5.86 | $5.86 | 92628 | |
| Laboratories | $7.31 | $7.31 | 92629 | |
| Offices | $5.86 | $5.86 | 92630 | |
| Audio Visual Data Processing | $7.31 | $7.31 | 92631 | |
| Storage | $2.59 | $2.59 | 92632 | |
| Circulation | $7.39 | $7.39 | 92633 | |
| Other | $5.86 | $5.86 | 92634 |
| (b) The total gross square-foot POM expenditure requirement | 92635 |
| shall be allocated to models in proportion to each campus's | 92636 |
| activity-based POM weight multiplied by the two- or five-year | 92637 |
| average subsidy-eligible FTEs for all models. | 92638 |
| (c) The amounts allocated to models in division (B)(1)(b) of | 92639 |
| this section shall be multiplied by the ratio of subsidy-eligible | 92640 |
| FTE students to total FTE students reported in each model, and the | 92641 |
| amounts summed for all models. To this total amount shall be added | 92642 |
| an amount to support roads and grounds expenditures, which shall | 92643 |
| also be multiplied by the ratio of subsidy-eligible FTE students | 92644 |
| to total FTEs reported for each model. From this total amount, the | 92645 |
| amounts for Doctoral I and Doctoral II shall be subtracted to | 92646 |
| produce the square-foot-based POM subsidy. | 92647 |
| (2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY | 92648 |
| (a) The number of subsidy-eligible FTE students in each model | 92649 |
| shall be multiplied by the following rates for each campus for | 92650 |
| each fiscal year. | 92651 |
| FY 2006 | FY 2007 | 92652 | ||
| General Studies I | $ 512 | $ 512 | 92653 | |
| General Studies II | $ 662 | $ 662 | 92654 | |
| General Studies III | $1,464 | $1,464 | 92655 | |
| Technical I | $ 752 | $ 752 | 92656 | |
| Technical III | $1,343 | $1,343 | 92657 | |
| Baccalaureate I | $ 639 | $ 639 | 92658 | |
| Baccalaureate II | $1,149 | $1,149 | 92659 | |
| Baccalaureate III | $1,262 | $1,262 | 92660 | |
| Masters and Professional I | $1,258 | $1,258 | 92661 | |
| Masters and Professional II | $2,446 | $2,446 | 92662 | |
| Masters and Professional III | $3,276 | $3,276 | 92663 | |
| Medical I | $1,967 | $1,967 | 92664 | |
| Medical II | $3,908 | $3,908 | 92665 | |
| MPD I | $1,081 | $1,081 | 92666 |
| (b) The sum of the products for each campus determined in | 92667 |
| division (B)(2)(a) of this section for all models except Doctoral | 92668 |
| I and Doctoral II for each fiscal year shall be weighted by a | 92669 |
| factor to reflect sponsored research activity and job | 92670 |
| training-related public services expenditures to determine the | 92671 |
| total activity-based POM subsidy. | 92672 |
| (C) CALCULATION OF CORE SUBSIDY ENTITLEMENTS AND ADJUSTMENTS | 92673 |
| (1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS | 92674 |
| The calculation of the core subsidy entitlement shall consist | 92675 |
| of the following components: | 92676 |
| (a) For each campus in each fiscal year, the core subsidy | 92677 |
| entitlement shall be determined by multiplying the amounts listed | 92678 |
| above in divisions (A)(1) and (2) and (B)(2) of this section less | 92679 |
| assumed local contributions, by (i) average subsidy-eligible FTEs | 92680 |
| for the two-year period ending in the prior year for all models | 92681 |
| except Doctoral I and Doctoral II; and (ii) average | 92682 |
| subsidy-eligible FTEs for the five-year period ending in the prior | 92683 |
| year for all models except Doctoral I and Doctoral II. | 92684 |
| (b) In calculating the core subsidy entitlements for Medical | 92685 |
| II models only, the Board of Regents shall use the following count | 92686 |
| of FTE students: | 92687 |
| (i) For those medical schools whose current year enrollment, | 92688 |
| including students repeating terms, is below the base enrollment, | 92689 |
| the Medical II FTE enrollment shall equal: 65 per cent of the base | 92690 |
| enrollment plus 35 per cent of the current year enrollment | 92691 |
| including students repeating terms, where the base enrollment is: | 92692 |
| The Ohio State University | 1010 | 92693 | |||
| University of Cincinnati | 833 | 92694 | |||
| Medical University of Ohio at Toledo | 650 | 92695 | |||
| Wright State University | 433 | 92696 | |||
| Ohio University | 433 | 92697 | |||
| Northeastern Ohio Universities College of Medicine | 433 | 92698 |
| (ii) For those medical schools whose current year enrollment, | 92699 |
| excluding students repeating terms, is equal to or greater than | 92700 |
| the base enrollment, the Medical II FTE enrollment shall equal the | 92701 |
| base enrollment plus the FTE for repeating students. | 92702 |
| (iii) Students repeating terms may be no more than five per | 92703 |
| cent of current year enrollment. | 92704 |
| (c) The Board of Regents shall compute the sum of the two | 92705 |
| calculations listed in division (C)(1)(a) of this section and use | 92706 |
| the greater sum as the core subsidy entitlement. | 92707 |
| The POM subsidy for each campus shall equal the greater of | 92708 |
| the square-foot-based subsidy or the activity-based POM subsidy | 92709 |
| component of the core subsidy entitlement. | 92710 |
| (d) The state share of instruction provided for doctoral | 92711 |
| students shall be based on a fixed percentage of the total | 92712 |
| appropriation. In each fiscal year of the biennium not more than | 92713 |
| 10.34 per cent of the total state share of instruction shall be | 92714 |
| reserved to implement the recommendations of the Graduate Funding | 92715 |
| Commission. It is the intent of the General Assembly that the | 92716 |
| doctoral reserve not exceed 10.34 per cent of the total state | 92717 |
| share of instruction to implement the recommendations of the | 92718 |
| Graduate Funding Commission. The Board of Regents may reallocate | 92719 |
| up to two per cent in each fiscal year of the reserve among the | 92720 |
| state-assisted universities on the basis of a quality review as | 92721 |
| specified in the recommendations of the Graduate Funding | 92722 |
| Commission. No such reallocation shall occur unless the Board of | 92723 |
| Regents, in consultation with representatives of state-assisted | 92724 |
| universities, determines that sufficient funds are available for | 92725 |
| this purpose. | 92726 |
| The amount so reserved shall be allocated to universities in | 92727 |
| proportion to their share of the total number of Doctoral I | 92728 |
| equivalent FTEs as calculated on an institutional basis using the | 92729 |
| greater of the two-year or five-year FTEs for the period fiscal | 92730 |
| year 1994 through fiscal year 1998 with annualized FTEs for fiscal | 92731 |
| years 1994 through 1997 and all-term FTEs for fiscal year 1998 as | 92732 |
| adjusted to reflect the effects of doctoral review and subsequent | 92733 |
| changes in Doctoral I equivalent enrollments. For the purposes of | 92734 |
| this calculation, Doctoral I equivalent FTEs shall equal the sum | 92735 |
| of Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs. | 92736 |
| If a university participates in the Innovation Incentive | 92737 |
| Program outlined in appropriation item 235-433, Economic Growth | 92738 |
| Challenge, then the Board of Regents shall withhold 1.5 per cent | 92739 |
| in fiscal year 2006 and three per cent in fiscal year 2007 of the | 92740 |
| participating university's allocation of the doctoral reserve. | 92741 |
| This withholding is intended to increase incrementally with a goal | 92742 |
| of setting aside 15 per cent of the total doctoral reserve by | 92743 |
| fiscal year 2016. | 92744 |
| The Board of Regents shall use the combined amount of each | 92745 |
| participating state-assisted university's set aside of the | 92746 |
| doctoral reserve that has been withheld, the state matching funds | 92747 |
| earmarked under appropriation item 235-433, Economic Growth | 92748 |
| Challenge, and the amount set aside by each accredited Ohio | 92749 |
| institution of higher education holding a certificate of | 92750 |
| authorization under section 1713.02 of the Revised Code electing | 92751 |
| to participate in the Innovation Incentive Program to make awards | 92752 |
| through a competitive process under the Innovation Incentive | 92753 |
| Program. Only universities electing to set aside the prescribed | 92754 |
| amount shall be eligible to compete for and receive Innovation | 92755 |
| Incentive awards. The participating universities shall use these | 92756 |
| awards to restructure their array of doctoral programs. | 92757 |
| (2) ANNUAL STATE SHARE OF INSTRUCTION FUNDING STOP LOSS | 92758 |
| In addition to and after the other adjustment noted above, in | 92759 |
| each fiscal year, no campus shall receive a state share of | 92760 |
| instruction allocation that is less than 97 per cent of the prior | 92761 |
| year's state share of instruction amount. | 92762 |
| (3) REDUCTIONS IN EARNINGS | 92763 |
| If the total state share of instruction earnings in any | 92764 |
| fiscal year exceeds the total appropriations available for such | 92765 |
| purposes, the Board of Regents shall proportionately reduce the | 92766 |
| state share of instruction earnings for all campuses by a uniform | 92767 |
| percentage so that the system wide sum equals available | 92768 |
| appropriations. | 92769 |
| (4) CAPITAL COMPONENT DEDUCTION | 92770 |
| After all other adjustments have been made, state share of | 92771 |
| instruction earnings shall be reduced for each campus by the | 92772 |
| amount, if any, by which debt service charged in Am. H.B. No. 748 | 92773 |
| of the 121st General Assembly, Am. Sub. H.B. No. 850 of the 122nd | 92774 |
| General Assembly, Am. Sub. H.B. No. 640 of the 123rd General | 92775 |
| Assembly, and H.B. No. 675 of the 124th General Assembly, and Am. | 92776 |
| Sub. H.B. 16 of the 126th General Assembly for that campus exceeds | 92777 |
| that campus's capital component earnings. The sum of the amounts | 92778 |
| deducted shall be transferred to appropriation item 235-552, | 92779 |
| Capital Component, in each fiscal year. | 92780 |
| (D) EXCEPTIONAL CIRCUMSTANCES | 92781 |
| Adjustments may be made to the state share of instruction | 92782 |
| payments and other subsidies distributed by the Board of Regents | 92783 |
| to state-assisted colleges and universities for exceptional | 92784 |
| circumstances. No adjustments for exceptional circumstances may be | 92785 |
| made without the recommendation of the Chancellor and the approval | 92786 |
| of the Controlling Board. | 92787 |
| (E) MID-YEAR APPROPRIATION REDUCTIONS TO THE STATE SHARE OF | 92788 |
| INSTRUCTION | 92789 |
| The standard provisions of the state share of instruction | 92790 |
| calculation as described in the preceding sections of temporary | 92791 |
| law shall apply to any reductions made to appropriation item | 92792 |
| 235-501, State Share of Instruction, before the Board of Regents | 92793 |
| has formally approved the final allocation of the state share of | 92794 |
| instruction funds for any fiscal year. | 92795 |
| Any reductions made to appropriation item 235-501, State | 92796 |
| Share of Instruction, after the Board of Regents has formally | 92797 |
| approved the final allocation of the state share of instruction | 92798 |
| funds for any fiscal year, shall be uniformly applied to each | 92799 |
| campus in proportion to its share of the final allocation. | 92800 |
| (F) DISTRIBUTION OF STATE SHARE OF INSTRUCTION | 92801 |
| The state share of instruction payments to the institutions | 92802 |
| shall be in substantially equal monthly amounts during the fiscal | 92803 |
| year, unless otherwise determined by the Director of Budget and | 92804 |
| Management pursuant to section 126.09 of the Revised Code. | 92805 |
| Payments during the first six months of the fiscal year shall be | 92806 |
| based upon the state share of instruction appropriation estimates | 92807 |
| made for the various institutions of higher education according to | 92808 |
| Board of Regents enrollment estimates. Payments during the last | 92809 |
| six months of the fiscal year shall be distributed after approval | 92810 |
| of the Controlling Board upon the request of the Board of Regents. | 92811 |
| (G) LAW SCHOOL SUBSIDY | 92812 |
| The state share of instruction to state-supported | 92813 |
| universities for students enrolled in law schools in fiscal year | 92814 |
| 2006 and fiscal year 2007 shall be calculated by using the number | 92815 |
| of subsidy-eligible FTE law school students funded by state | 92816 |
| subsidy in fiscal year 1995 or the actual number of | 92817 |
| subsidy-eligible FTE law school students at the institution in the | 92818 |
| fiscal year, whichever is less. | 92819 |
| Section 209.63.60. HIGHER EDUCATION - BOARD OF TRUSTEES | 92820 |
| Funds appropriated for instructional subsidies at colleges | 92821 |
| and universities may be used to provide such branch or other | 92822 |
| off-campus undergraduate courses of study and such master's degree | 92823 |
| courses of study as may be approved by the Board of Regents. | 92824 |
| In providing instructional and other services to students, | 92825 |
| boards of trustees of state-assisted institutions of higher | 92826 |
| education shall supplement state subsidies by income from charges | 92827 |
| to students. Each board shall establish the fees to be charged to | 92828 |
| all students, including an instructional fee for educational and | 92829 |
| associated operational support of the institution and a general | 92830 |
| fee for noninstructional services, including locally financed | 92831 |
| student services facilities used for the benefit of enrolled | 92832 |
| students. The instructional fee and the general fee shall | 92833 |
| encompass all charges for services assessed uniformly to all | 92834 |
| enrolled students. Each board may also establish special purpose | 92835 |
| fees, service charges, and fines as required; such special purpose | 92836 |
| fees and service charges shall be for services or benefits | 92837 |
| furnished individual students or specific categories of students | 92838 |
| and shall not be applied uniformly to all enrolled students. | 92839 |
| Except for the board of trustees of Miami University, in | 92840 |
| implementing the pilot tuition restructuring plan recognized in | 92841 |
| Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly | 92842 |
| and again recognized by this act, a tuition surcharge shall be | 92843 |
| paid by all students who are not residents of Ohio. | 92844 |
| The boards of trustees of each state institution of higher | 92845 |
| education as defined in section 3345.011 of the Revised Code shall | 92846 |
| limit in-state undergraduate instructional and general fee | 92847 |
| increases for an academic year over the amounts charged in the | 92848 |
| prior academic year to not more than the lesser of six per cent | 92849 |
| or, for a full-time student, five hundred dollars. A board of | 92850 |
| trustees shall not authorize combined instructional and general | 92851 |
| fee increases of more than six per cent in a single vote. The | 92852 |
| limitations on fee increases prescribed in this section apply to | 92853 |
| an academic year even if, prior to the effective date of this | 92854 |
| section, a board of trustees has voted to increase fees beyond the | 92855 |
| amount permitted under this section. In such case, the board shall | 92856 |
| reduce the fees in an amount that results in combined in-state | 92857 |
| undergraduate instructional and general fees that comply with this | 92858 |
| section. These limitations shall not apply to increases required | 92859 |
| to comply with institutional covenants related to their | 92860 |
| obligations or to meet unfunded legal mandates or legally binding | 92861 |
| obligations incurred or commitments made prior to the effective | 92862 |
| date of this section with respect to which the institution had | 92863 |
| identified such fee increases as the source of funds. Any increase | 92864 |
| required by such covenants and any such mandates, obligations, or | 92865 |
| commitments shall be reported by the Board of Regents to the | 92866 |
| Controlling Board. These limitations may also be modified by the | 92867 |
| Board of Regents, with the approval of the Controlling Board, to | 92868 |
| respond to exceptional circumstances as identified by the Board of | 92869 |
| Regents. | 92870 |
| The board of trustees of a state-assisted institution of | 92871 |
| higher education shall not authorize a waiver or nonpayment of | 92872 |
| instructional fees or general fees for any particular student or | 92873 |
| any class of students other than waivers specifically authorized | 92874 |
| by law or approved by the Chancellor. This prohibition is not | 92875 |
| intended to limit the authority of boards of trustees to provide | 92876 |
| for payments to students for services rendered the institution, | 92877 |
| nor to prohibit the budgeting of income for staff benefits or for | 92878 |
| student assistance in the form of payment of such instructional | 92879 |
| and general fees. This prohibition is not intended to limit the | 92880 |
| authority of the board of trustees of Miami University in | 92881 |
| providing financial assistance to students in implementing the | 92882 |
| pilot tuition restructuring plan recognized in Section 89.05 of | 92883 |
| Am. Sub. H.B. 95 of the 125th General Assembly and again | 92884 |
| recognized by this act. | 92885 |
| Except for Miami University, in implementing the pilot | 92886 |
| tuition restructuring plan recognized in Section 89.05 of Am. Sub. | 92887 |
| H.B. 95 of the 125th General Assembly and again recognized by this | 92888 |
| act, each state-assisted institution of higher education in its | 92889 |
| statement of charges to students shall separately identify the | 92890 |
| instructional fee, the general fee, the tuition charge, and the | 92891 |
| tuition surcharge. Fee charges to students for instruction shall | 92892 |
| not be considered to be a price of service but shall be considered | 92893 |
| to be an integral part of the state government financing program | 92894 |
| in support of higher educational opportunity for students. | 92895 |
| In providing the appropriations in support of instructional | 92896 |
| services at state-assisted institutions of higher education and | 92897 |
| the appropriations for other instruction it is the intent of the | 92898 |
| General Assembly that faculty members shall devote a proper and | 92899 |
| judicious part of their work week to the actual instruction of | 92900 |
| students. Total class credit hours of production per quarter per | 92901 |
| full-time faculty member is expected to meet the standards set | 92902 |
| forth in the budget data submitted by the Board of Regents. | 92903 |
| The authority of government vested by law in the boards of | 92904 |
| trustees of state-assisted institutions of higher education shall | 92905 |
| in fact be exercised by those boards. Boards of trustees may | 92906 |
| consult extensively with appropriate student and faculty groups. | 92907 |
| Administrative decisions about the utilization of available | 92908 |
| resources, about organizational structure, about disciplinary | 92909 |
| procedure, about the operation and staffing of all auxiliary | 92910 |
| facilities, and about administrative personnel shall be the | 92911 |
| exclusive prerogative of boards of trustees. Any delegation of | 92912 |
| authority by a board of trustees in other areas of responsibility | 92913 |
| shall be accompanied by appropriate standards of guidance | 92914 |
| concerning expected objectives in the exercise of such delegated | 92915 |
| authority and shall be accompanied by periodic review of the | 92916 |
| exercise of this delegated authority to the end that the public | 92917 |
| interest, in contrast to any institutional or special interest, | 92918 |
| shall be served. | 92919 |
| Section 209.63.63. STUDENT SUPPORT SERVICES | 92920 |
| The foregoing appropriation item 235-502, Student Support | 92921 |
| Services, shall be distributed by the Board of Regents to Ohio's | 92922 |
| state-assisted colleges and universities that incur | 92923 |
| disproportionate costs in the provision of support services to | 92924 |
| disabled students. | 92925 |
| Section 209.63.66. OHIO INSTRUCTIONAL GRANTS | 92926 |
| In fiscal year 2006, instructional grants for all eligible | 92927 |
| full-time students shall be made using the tables under section | 92928 |
| 3333.12 of the Revised Code. In fiscal year 2007, instructional | 92929 |
| grants for all eligible full-time students who have attended a | 92930 |
| college, university, or proprietary school and have completed | 92931 |
| coursework for college credit, excluding early college high school | 92932 |
| and post-secondary enrollment option students, prior to academic | 92933 |
| year 2006-2007, shall be made using the tables under section | 92934 |
| 3333.12 of the Revised Code. | 92935 |
| Of the foregoing appropriation item 235-503, Ohio | 92936 |
| Instructional Grants, an amount in each fiscal year shall be used | 92937 |
| to make the payments authorized by division (C) of section 3333.26 | 92938 |
| of the Revised Code to the institutions described in that | 92939 |
| division. In addition, an amount in each fiscal year shall be used | 92940 |
| to reimburse the institutions described in division (B) of section | 92941 |
| 3333.26 of the Revised Code for the cost of the waivers required | 92942 |
| by that division. | 92943 |
| The unencumbered balance of appropriation item 235-503, Ohio | 92944 |
| Instructional Grants, at the end of fiscal year 2006 shall be | 92945 |
| transferred to fiscal year 2007 for use under the same | 92946 |
| appropriation item. The amounts transferred are hereby | 92947 |
| appropriated. | 92948 |
| Section 209.63.69. WAR ORPHANS SCHOLARSHIPS | 92949 |
| The foregoing appropriation item 235-504, War Orphans | 92950 |
| Scholarships, shall be used to reimburse state-assisted | 92951 |
| institutions of higher education for waivers of instructional fees | 92952 |
| and general fees provided by them, to provide grants to | 92953 |
| institutions that have received a certificate of authorization | 92954 |
| from the Ohio Board of Regents under Chapter 1713. of the Revised | 92955 |
| Code, in accordance with the provisions of section 5910.04 of the | 92956 |
| Revised Code, and to fund additional scholarship benefits provided | 92957 |
| by section 5910.032 of the Revised Code. | 92958 |
| Section 209.63.72. OHIOLINK | 92959 |
| The foregoing appropriation item 235-507, OhioLINK, shall be | 92960 |
| used by the Board of Regents to support OhioLINK, the state's | 92961 |
| electronic library information and retrieval system, which | 92962 |
| provides access statewide to the library holdings of all of Ohio's | 92963 |
| public colleges and universities, 40 private colleges, and the | 92964 |
| State Library of Ohio. | 92965 |
| Section 209.63.75. AIR FORCE INSTITUTE OF TECHNOLOGY | 92966 |
| The foregoing appropriation item 235-508, Air Force Institute | 92967 |
| of Technology, shall be used to strengthen the research and | 92968 |
| educational linkages between the Wright Patterson Air Force Base | 92969 |
| and institutions of higher education in Ohio. Of the foregoing | 92970 |
| appropriation item 235-508, Air Force Institute of Technology, | 92971 |
| $1,233,588 in each fiscal year shall be used for research projects | 92972 |
| that connect the Air Force Research Laboratories with university | 92973 |
| partners. The institute shall provide annual reports to the Third | 92974 |
| Frontier Commission, that discuss existing, planned, or possible | 92975 |
| collaborations between programs and funding recipients related to | 92976 |
| technology, research development, commercialization, and support | 92977 |
| for Ohio's economic development. | 92978 |
| Of the foregoing appropriation item 235-508, Air Force | 92979 |
| Institute of Technology, $691,757 in each fiscal year shall be | 92980 |
| used to match federal dollars to support technology | 92981 |
| commercialization and job creation. The Development Research | 92982 |
| Corporation shall use the funds to create or expand Ohio-based | 92983 |
| technology and commercial development collaborations in areas that | 92984 |
| are a priority in Ohio's third frontier initiative between | 92985 |
| industry, academia, and government. | 92986 |
| Section 209.63.78. OHIO SUPERCOMPUTER CENTER | 92987 |
| The foregoing appropriation item 235-510, Ohio Supercomputer | 92988 |
| Center, shall be used by the Board of Regents to support the | 92989 |
| operation of the center, located at The Ohio State University, as | 92990 |
| a statewide resource available to Ohio research universities both | 92991 |
| public and private. It is also intended that the center be made | 92992 |
| accessible to private industry as appropriate. Policies of the | 92993 |
| center shall be established by a governance committee, | 92994 |
| representative of Ohio's research universities and private | 92995 |
| industry, to be appointed by the Chancellor of the Board of | 92996 |
| Regents and established for this purpose. | 92997 |
| The Ohio Supercomputer Center shall report on expanding | 92998 |
| solutions-oriented, computational science services to industrial | 92999 |
| and other customers, including alignment programs and recipients, | 93000 |
| and develop a plan for a computational science initiative in | 93001 |
| collaboration with the Wright Centers of Innovation Program. | 93002 |
| Section 209.63.81. COOPERATIVE EXTENSION SERVICE | 93003 |
| The foregoing appropriation item 235-511, Cooperative | 93004 |
| Extension Service, shall be disbursed through the Board of Regents | 93005 |
| to The Ohio State University in monthly payments, unless otherwise | 93006 |
| determined by the Director of Budget and Management under section | 93007 |
| 126.09 of the Revised Code. | 93008 |
| Of the foregoing appropriation item 235-511, Cooperative | 93009 |
| Extension Service, $178,271 in each fiscal year shall be used for | 93010 |
| additional staffing for county agents for expanded 4-H activities. | 93011 |
| Of the foregoing appropriation item 235-511, Cooperative Extension | 93012 |
| Service, $178,271 in each fiscal year shall be used by the | 93013 |
| Cooperative Extension Service, through the Enterprise Center for | 93014 |
| Economic Development in cooperation with other agencies, for a | 93015 |
| public-private effort to create and operate a small business | 93016 |
| economic development program to enhance the development of | 93017 |
| alternatives to the growing of tobacco, and implement, through | 93018 |
| applied research and demonstration, the production and marketing | 93019 |
| of other high-value crops and value-added products. Of the | 93020 |
| foregoing appropriation item 235-511, Cooperative Extension | 93021 |
| Service, $55,179 in each fiscal year shall be used for farm labor | 93022 |
| mediation and education programs, $182,515 in each fiscal year | 93023 |
| shall be used to support the Ohio State University Marion | 93024 |
| Enterprise Center, and $772,931 in each fiscal year shall be used | 93025 |
| to support the Ohio Watersheds Initiative. | 93026 |
| Section 209.63.84. OHIO UNIVERSITY VOINOVICH CENTER | 93027 |
| The foregoing appropriation item 235-513, Ohio University | 93028 |
| Voinovich Center, shall be used by the Board of Regents to support | 93029 |
| the operations of Ohio University's Voinovich Center. | 93030 |
| Section 209.63.90. PERFORMANCE STANDARDS FOR MEDICAL | 93031 |
| EDUCATION | 93032 |
| The Board of Regents, in consultation with the state-assisted | 93033 |
| medical colleges, shall develop performance standards for medical | 93034 |
| education. Special emphasis in the standards shall be placed on | 93035 |
| attempting to ensure that at least 50 per cent of the aggregate | 93036 |
| number of students enrolled in state-assisted medical colleges | 93037 |
| continue to enter residency as primary care physicians. Primary | 93038 |
| care physicians are general family practice physicians, general | 93039 |
| internal medicine practitioners, and general pediatric care | 93040 |
| physicians. The Board of Regents shall monitor medical school | 93041 |
| performance in relation to their plans for reaching the 50 per | 93042 |
| cent systemwide standard for primary care physicians. | 93043 |
| Section 209.63.93. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF | 93044 |
| MEDICINE | 93045 |
| The foregoing appropriation item 235-515, Case Western | 93046 |
| Reserve University School of Medicine, shall be disbursed to Case | 93047 |
| Western Reserve University through the Board of Regents in | 93048 |
| accordance with agreements entered into under section 3333.10 of | 93049 |
| the Revised Code, provided that the state support per full-time | 93050 |
| medical student shall not exceed that provided to full-time | 93051 |
| medical students at state universities. | 93052 |
| Section 209.63.94. CAPITOL SCHOLARSHIP PROGRAM | 93053 |
| The foregoing appropriation item 235-518, Capitol Scholarship | 93054 |
| Program, shall be used by the Board of Regents to provide | 93055 |
| scholarships to undergraduates of Ohio's four-year public and | 93056 |
| private institutions of higher education participating in the | 93057 |
| Washington Center Internship Program. A scholarship of $1,800 | 93058 |
| shall be awarded to students enrolled in an institution operating | 93059 |
| on a quarter system, and a scholarship of $2,300 shall be awarded | 93060 |
| to students enrolled in an institution operating on a semester | 93061 |
| system. The number of scholarships awarded shall be limited by the | 93062 |
| amounts appropriated in fiscal years 2006 and 2007. The Washington | 93063 |
| Center shall match the scholarships awarded to students as | 93064 |
| follows: $1,200 for students enrolled in an institution operating | 93065 |
| on a quarter system, and $1,700 for students enrolled in an | 93066 |
| institution operating on a semester system. | 93067 |
| Section 209.63.95. FAMILY PRACTICE | 93068 |
| The Board of Regents shall develop plans consistent with | 93069 |
| existing criteria and guidelines as may be required for the | 93070 |
| distribution of appropriation item 235-519, Family Practice. | 93071 |
| Section 209.63.96. SHAWNEE STATE SUPPLEMENT | 93072 |
| The foregoing appropriation item 235-520, Shawnee State | 93073 |
| Supplement, shall be used by Shawnee State University as detailed | 93074 |
| by both of the following: | 93075 |
| (A) To allow Shawnee State University to keep its | 93076 |
| undergraduate fees below the statewide average, consistent with | 93077 |
| its mission of service to an economically depressed Appalachian | 93078 |
| region; | 93079 |
| (B) To allow Shawnee State University to employ new faculty | 93080 |
| to develop and teach in new degree programs that meet the needs of | 93081 |
| Appalachians. | 93082 |
| Section 209.63.99. OSU GLENN INSTITUTE | 93083 |
| The foregoing appropriation item 235-521, The Ohio State | 93084 |
| University Glenn Institute, shall be used by the Board of Regents | 93085 |
| to support the operations of the Ohio State University's Glenn | 93086 |
| Institute. | 93087 |
| Section 209.64.03. POLICE AND FIRE PROTECTION | 93088 |
| The foregoing appropriation item 235-524, Police and Fire | 93089 |
| Protection, shall be used for police and fire services in the | 93090 |
| municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green, | 93091 |
| Portsmouth, Xenia Township (Greene County), Rootstown Township, | 93092 |
| and the City of Nelsonville that may be used to assist these local | 93093 |
| governments in providing police and fire protection for the | 93094 |
| central campus of the state-affiliated university located therein. | 93095 |
| Each participating municipality and township shall receive at | 93096 |
| least $5,000 in each fiscal year. Funds shall be distributed | 93097 |
| according to the method employed by the Board of Regents in the | 93098 |
| previous biennium. | 93099 |
| Section 209.64.06. GERIATRIC MEDICINE | 93100 |
| The Board of Regents shall develop plans consistent with | 93101 |
| existing criteria and guidelines as may be required for the | 93102 |
| distribution of appropriation item 235-525, Geriatric Medicine. | 93103 |
| Section 209.64.07. PRIMARY CARE RESIDENCIES | 93104 |
| The Board of Regents shall develop plans consistent with | 93105 |
| existing criteria and guidelines as may be required for the | 93106 |
| distribution of appropriation item 235-526, Primary Care | 93107 |
| Residencies. | 93108 |
| The foregoing appropriation item 235-526, Primary Care | 93109 |
| Residencies, shall be distributed in each fiscal year of the | 93110 |
| biennium, based on whether or not the institution has submitted | 93111 |
| and gained approval for a plan. If the institution does not have | 93112 |
| an approved plan, it shall receive five per cent less funding per | 93113 |
| student than it would have received from its annual allocation. | 93114 |
| The remaining funding shall be distributed among those | 93115 |
| institutions that meet or exceed their targets. | 93116 |
| Section 209.64.09. OHIO AEROSPACE INSTITUTE | 93117 |
| The foregoing appropriation item 235-527, Ohio Aerospace | 93118 |
| Institute, shall be distributed by the Board of Regents under | 93119 |
| section 3333.042 of the Revised Code. | 93120 |
| The Board of Regents, in consultation with the Third Frontier | 93121 |
| Commission, shall develop a plan for providing for appropriate, | 93122 |
| value-added participation of the Ohio Aerospace Institute in Third | 93123 |
| Frontier Project proposals and grants. | 93124 |
| Section 209.64.12. ACADEMIC SCHOLARSHIPS | 93125 |
| The foregoing appropriation item 235-530, Academic | 93126 |
| Scholarships, shall be used to provide academic scholarships to | 93127 |
| students under section 3333.22 of the Revised Code. | 93128 |
| Section 209.64.15. STUDENT CHOICE GRANTS | 93129 |
| The foregoing appropriation item 235-531, Student Choice | 93130 |
| Grants, shall be used to support the Student Choice Grant Program | 93131 |
| created by section 3333.27 of the Revised Code. The unencumbered | 93132 |
| balance of appropriation item 235-531, Student Choice Grants, at | 93133 |
| the end of fiscal year 2006 shall be transferred to fiscal year | 93134 |
| 2007 for use under the same appropriation item to maintain grant | 93135 |
| award amounts in fiscal year 2007 equal to the awards provided in | 93136 |
| fiscal year 2006. The amounts transferred are hereby appropriated. | 93137 |
| Section 209.64.18. STUDENT WORKFORCE DEVELOPMENT GRANTS | 93138 |
| The foregoing appropriation item 235-534, Student Workforce | 93139 |
| Development Grants, shall be used to support the Student Workforce | 93140 |
| Development Grant Program. The Board of Regents shall distribute | 93141 |
| grants to each eligible student in an academic year. The size of | 93142 |
| each grant award shall be determined by the Board of Regents based | 93143 |
| on the amount of funds available for the program. The unencumbered | 93144 |
| balance of appropriation item 235-534, Student Workforce | 93145 |
| Development Grants, at the end of fiscal year 2006 shall be | 93146 |
| transferred to fiscal year 2007 for use under the same | 93147 |
| appropriation item. The amounts transferred are hereby | 93148 |
| appropriated. | 93149 |
| Section 209.64.21. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT | 93150 |
| CENTER | 93151 |
| The foregoing appropriation item 235-535, Ohio Agricultural | 93152 |
| Research and Development Center, shall be disbursed through the | 93153 |
| Board of Regents to The Ohio State University in monthly payments, | 93154 |
| unless otherwise determined by the Director of Budget and | 93155 |
| Management under section 126.09 of the Revised Code. The Ohio | 93156 |
| Agricultural Research and Development Center shall not be required | 93157 |
| to remit payment to The Ohio State University during the biennium | 93158 |
| ending June 30, 2007, for cost reallocation assessments. The cost | 93159 |
| reallocation assessments include, but are not limited to, any | 93160 |
| assessment on state appropriations to the Center. | 93161 |
| The Ohio Agricultural Research and Development Center, an | 93162 |
| entity of the College of Food, Agricultural, and Environmental | 93163 |
| Sciences of The Ohio State University, shall further its mission | 93164 |
| of enhancing Ohio's economic development and job creation by | 93165 |
| continuing to internally allocate on a competitive basis | 93166 |
| appropriated funding of programs based on demonstrated | 93167 |
| performance. Academic units, faculty, and faculty-driven programs | 93168 |
| shall be evaluated and rewarded consistent with agreed-upon | 93169 |
| performance expectations as called for in the College's | 93170 |
| Expectations and Criteria for Performance Assessment. | 93171 |
| Of the foregoing appropriation item 235-535, Ohio | 93172 |
| Agricultural Research and Development Center, $458,410 in each | 93173 |
| fiscal year shall be used to purchase equipment. | 93174 |
| Of the foregoing appropriation item 235-535, Ohio | 93175 |
| Agricultural Research and Development Center, $806,463 in each | 93176 |
| fiscal year shall be distributed to the Piketon Agricultural | 93177 |
| Research and Extension Center. | 93178 |
| Of the foregoing appropriation item 235-535, Ohio | 93179 |
| Agricultural Research and Development Center, $212,227 in each | 93180 |
| fiscal year shall be distributed to the | 93181 |
| Raspberry/Strawberry-Ellagic Acid Research program at The Ohio | 93182 |
| State University Medical College in cooperation with The Ohio | 93183 |
| State University College of Agriculture. | 93184 |
| Of the foregoing appropriation item 235-535, Ohio | 93185 |
| Agricultural Research and Development Center, $42,445 in each | 93186 |
| fiscal year shall be used to support the Ohio Berry Administrator. | 93187 |
| Of the foregoing appropriation item 235-535, Ohio | 93188 |
| Agricultural Research and Development Center, $84,890 in each | 93189 |
| fiscal year shall be used for the development of agricultural | 93190 |
| crops and products not currently in widespread production in Ohio, | 93191 |
| in order to increase the income and viability of family farmers. | 93192 |
| Of the foregoing appropriation item 235-535, Ohio | 93193 |
| Agricultural Research and Development Center, $125,000 in each | 93194 |
| fiscal year shall be distributed to Wilmington College for the | 93195 |
| commercialization of agricultural products. | 93196 |
| Section 209.64.22. STATE UNIVERSITY CLINICAL TEACHING | 93197 |
| The foregoing appropriation items 235-536, The Ohio State | 93198 |
| University Clinical Teaching; 235-537, University of Cincinnati | 93199 |
| Clinical Teaching; 235-538, Medical University of Ohio at Toledo | 93200 |
| Clinical Teaching; 235-539, Wright State University Clinical | 93201 |
| Teaching; 235-540, Ohio University Clinical Teaching; and 235-541, | 93202 |
| Northeastern Ohio Universities College of Medicine Clinical | 93203 |
| Teaching, shall be distributed through the Board of Regents. | 93204 |
| Of the foregoing appropriation item 235-539, Wright State | 93205 |
| University Clinical Teaching, $124,644 in each fiscal year of the | 93206 |
| biennium shall be for the use of Wright State University's Ellis | 93207 |
| Institute for Clinical Teaching Studies to operate the clinical | 93208 |
| facility to serve the Greater Dayton area. | 93209 |
| The Board of Regents, in consultation with representatives of | 93210 |
| each of the six state-assisted colleges of medicine, shall study | 93211 |
| and propose recommendations for a formula to allocate | 93212 |
| appropriations for clinical teaching support. The consultation | 93213 |
| shall consider factors that reward medical schools for serving | 93214 |
| Ohio's health care needs in an equitable and efficient manner. | 93215 |
| Recommendations shall be submitted to the Office of Budget and | 93216 |
| Management and the General Assembly for consideration by November | 93217 |
| 15, 2006. A new method, approved by the Office of Budget and | 93218 |
| Management and the General Assembly, shall be implemented in | 93219 |
| fiscal years 2008 and 2009 for distributing funds for clinical | 93220 |
| teaching support. | 93221 |
| Section 209.64.23. SCHOOL OF INTERNATIONAL BUSINESS | 93222 |
| The foregoing appropriation item 235-547, School of | 93223 |
| International Business, shall be used for the continued | 93224 |
| development and support of the School of International Business of | 93225 |
| the state universities of northeast Ohio. The money shall go to | 93226 |
| the University of Akron. These funds shall be used by the | 93227 |
| university to establish a School of International Business located | 93228 |
| at the University of Akron. It may confer with Kent State | 93229 |
| University, Youngstown State University, and Cleveland State | 93230 |
| University as to the curriculum and other matters regarding the | 93231 |
| school. | 93232 |
| Section 209.64.24. PART-TIME STUDENT INSTRUCTIONAL GRANTS | 93233 |
| The foregoing appropriation item 235-549, Part-time Student | 93234 |
| Instructional Grants, shall be used to support a grant program for | 93235 |
| part-time undergraduate students who are Ohio residents and who | 93236 |
| were enrolled in degree granting programs prior to academic year | 93237 |
| 2006-2007. | 93238 |
| Eligibility for participation in the program shall include | 93239 |
| degree granting educational institutions that hold a certificate | 93240 |
| of registration from the State Board of Career Colleges and | 93241 |
| Schools, and nonprofit institutions that have a certificate of | 93242 |
| authorization issued under Chapter 1713. of the Revised Code, as | 93243 |
| well as state-assisted colleges and universities. Grants shall be | 93244 |
| given to students on the basis of need, as determined by the | 93245 |
| college, which, in making these determinations, shall give special | 93246 |
| consideration to single-parent heads-of-household and displaced | 93247 |
| homemakers who enroll in an educational degree program that | 93248 |
| prepares the individual for a career. In determining need, the | 93249 |
| college also shall consider the availability of educational | 93250 |
| assistance from a student's employer. It is the intent of the | 93251 |
| General Assembly that these grants not supplant such assistance. | 93252 |
| Section 209.64.27. CAPITAL COMPONENT | 93253 |
| The foregoing appropriation item 235-552, Capital Component, | 93254 |
| shall be used by the Board of Regents to implement the capital | 93255 |
| funding policy for state-assisted colleges and universities | 93256 |
| established in Am. H.B. No. 748 of the 121st General Assembly. | 93257 |
| Appropriations from this item shall be distributed to all campuses | 93258 |
| for which the estimated campus debt service attributable to new | 93259 |
| qualifying capital projects is less than the campus's | 93260 |
| formula-determined capital component allocation. Campus | 93261 |
| allocations shall be determined by subtracting the estimated | 93262 |
| campus debt service attributable to new qualifying capital | 93263 |
| projects from the campus's formula-determined capital component | 93264 |
| allocation. Moneys distributed from this appropriation item shall | 93265 |
| be restricted to capital-related purposes. | 93266 |
| Any campus for which the estimated campus debt service | 93267 |
| attributable to qualifying capital projects is greater than the | 93268 |
| campus's formula-determined capital component allocation shall | 93269 |
| have the difference subtracted from its State Share of Instruction | 93270 |
| allocation in each fiscal year. The sum of all such amounts shall | 93271 |
| be transferred from appropriation item 235-501, State Share of | 93272 |
| Instruction, to appropriation item 235-552, Capital Component. | 93273 |
| Section 209.64.30. DAYTON AREA GRADUATE STUDIES INSTITUTE | 93274 |
| The foregoing appropriation item 235-553, Dayton Area | 93275 |
| Graduate Studies Institute, shall be used by the Board of Regents | 93276 |
| to support the Dayton Area Graduate Studies Institute, an | 93277 |
| engineering graduate consortium of three universities in the | 93278 |
| Dayton area: Wright State University, the University of Dayton, | 93279 |
| and the Air Force Institute of Technology, with the participation | 93280 |
| of the University of Cincinnati and The Ohio State University. | 93281 |
| Of the foregoing appropriation item 235-553, Dayton Area | 93282 |
| Graduate Studies Institute, $350,000 in each fiscal year shall be | 93283 |
| used by the Development Research Corporation to support | 93284 |
| collaborative research and technology commercialization | 93285 |
| initiatives in Ohio. | 93286 |
| Section 209.64.33. PRIORITIES IN COLLABORATIVE GRADUATE | 93287 |
| EDUCATION | 93288 |
| The foregoing appropriation item 235-554, Priorities in | 93289 |
| Collaborative Graduate Education, shall be used by the Board of | 93290 |
| Regents to support improvements in graduate programs at | 93291 |
| state-assisted universities that the Board of Regents identifies | 93292 |
| as vital to the state's economic strategy. Up to $169,782 in each | 93293 |
| fiscal year shall be used to support collaborative efforts in | 93294 |
| graduate education in this program area. The collaborative program | 93295 |
| shall be coordinated by the Board of Regents. | 93296 |
| Section 209.64.36. OHIO ACADEMIC RESOURCES NETWORK (OARNET) | 93297 |
| The foregoing appropriation item 235-556, Ohio Academic | 93298 |
| Resources Network, shall be used to support the operations of the | 93299 |
| Ohio Academic Resources Network, which shall include support for | 93300 |
| Ohio's state-assisted colleges and universities in maintaining and | 93301 |
| enhancing network connections. The network shall give priority to | 93302 |
| supporting the Third Frontier Network and allocating bandwidth to | 93303 |
| programs directly supporting Ohio's economic development. | 93304 |
| Section 209.64.39. LONG-TERM CARE RESEARCH | 93305 |
| The foregoing appropriation item 235-558, Long-term Care | 93306 |
| Research, shall be disbursed to Miami University for long-term | 93307 |
| care research. | 93308 |
| Section 209.64.45. BOWLING GREEN STATE UNIVERSITY CANADIAN | 93309 |
| STUDIES CENTER | 93310 |
| The foregoing appropriation item 235-561, Bowling Green State | 93311 |
| University Canadian Studies Center, shall be used by the Canadian | 93312 |
| Studies Center at Bowling Green State University to study | 93313 |
| opportunities for Ohio and Ohio businesses to benefit from the | 93314 |
| Free Trade Agreement between the United States and Canada. | 93315 |
| Section 209.64.51. OHIO COLLEGE OPPORTUNITY GRANT PHASE-IN | 93316 |
| The foregoing appropriation item 235-563, Ohio College | 93317 |
| Opportunity Grant, shall be used by the Board of Regents to begin | 93318 |
| to award needs-based financial aid to students based on the United | 93319 |
| States Department of Education's method of determining financial | 93320 |
| need. Beginning in fiscal year 2007, students who enrolled in a | 93321 |
| public, private, or proprietary post-secondary institution of | 93322 |
| higher education for the first time in academic year 2006-2007, | 93323 |
| excluding early college high school and post-secondary enrollment | 93324 |
| option participants, shall be eligible to receive aid based on | 93325 |
| their expected family contributions as calculated by the United | 93326 |
| State Department of Education, according to section 3333.122 of | 93327 |
| the Revised Code. | 93328 |
| Section 209.64.54. THE OHIO STATE UNIVERSITY CLINIC SUPPORT | 93329 |
| The foregoing appropriation item 235-572, The Ohio State | 93330 |
| University Clinic Support, shall be distributed through the Board | 93331 |
| of Regents to The Ohio State University for support of dental and | 93332 |
| veterinary medicine clinics. | 93333 |
| Section 209.64.57. URBAN UNIVERSITY PROGRAM | 93334 |
| Universities receiving funds from the foregoing appropriation | 93335 |
| item 235-583, Urban University Program, that are used to support | 93336 |
| an ongoing university unit shall certify periodically in a manner | 93337 |
| approved by the Board of Regents that program funds are being | 93338 |
| matched on a one-to-one basis with equivalent resources. Overhead | 93339 |
| support may not be used to meet this requirement. Where Urban | 93340 |
| University Program funds are being used to support an ongoing | 93341 |
| university unit, matching funds shall come from continuing rather | 93342 |
| than one-time sources. At each participating state-assisted | 93343 |
| institution of higher education, matching funds shall be within | 93344 |
| the substantial control of the individual designated by the | 93345 |
| institution's president as the Urban University Program | 93346 |
| representative. | 93347 |
| Of the foregoing appropriation item 235-583, Urban University | 93348 |
| Program, $117,215 in each fiscal year shall be used to support the | 93349 |
| Center for the Interdisciplinary Study of Education and the Urban | 93350 |
| Child at Cleveland State University. These funds shall be | 93351 |
| distributed according to rules adopted by the Board of Regents and | 93352 |
| shall be used by the center for interdisciplinary activities | 93353 |
| targeted toward increasing the chance of lifetime success of the | 93354 |
| urban child, including interventions beginning with the prenatal | 93355 |
| period. The primary purpose of the center is to study issues in | 93356 |
| urban education and to systematically map directions for new | 93357 |
| approaches and new solutions by bringing together a cadre of | 93358 |
| researchers, scholars, and professionals representing the social, | 93359 |
| behavioral, education, and health disciplines. | 93360 |
| Of the foregoing appropriation item 235-583, Urban University | 93361 |
| Program, $1,433,037 in each fiscal year shall be distributed by | 93362 |
| the Board of Regents to Cleveland State University in support of | 93363 |
| the Maxine Goodman Levin College of Urban Affairs. | 93364 |
| Of the foregoing appropriation item 235-583, Urban University | 93365 |
| Program, $1,433,037 in each fiscal year shall be distributed to | 93366 |
| the Northeast Ohio Research Consortium, the Urban Linkages | 93367 |
| Program, and the Urban Research Technical Assistance Grant | 93368 |
| Program. The distribution among the three programs shall be | 93369 |
| determined by the chair of the Urban University Program. | 93370 |
| Of the foregoing appropriation item 235-583, Urban University | 93371 |
| Program, $247,453 in each fiscal year shall be used to support a | 93372 |
| public communication outreach program (WCPN). The primary purpose | 93373 |
| of the program shall be to develop a relationship between | 93374 |
| Cleveland State University and nonprofit communications entities. | 93375 |
| Of the foregoing appropriation item 235-583, Urban University | 93376 |
| Program, $169,310 in each fiscal year shall be used to support the | 93377 |
| Kent State University Learning and Technology Project. This | 93378 |
| project is a kindergarten through university collaboration between | 93379 |
| schools surrounding Kent State University's eight campuses in | 93380 |
| northeast Ohio and corporate partners who will assist in | 93381 |
| development and delivery. | 93382 |
| The Kent State University Project shall provide a faculty | 93383 |
| member who has a full-time role in the development of | 93384 |
| collaborative activities and teacher instructional programming | 93385 |
| between Kent State University and the K-12th grade schools that | 93386 |
| surround its eight campuses; appropriate student support staff to | 93387 |
| facilitate these programs and joint activities; and hardware and | 93388 |
| software to schools that will make possible the delivery of | 93389 |
| instruction to pre-service and in-service teachers, and their | 93390 |
| students, in their own classrooms or school buildings. This shall | 93391 |
| involve the delivery of low-bandwidth streaming video and | 93392 |
| web-based technologies in a distributed instructional model. | 93393 |
| Of the foregoing appropriation item 235-583, Urban University | 93394 |
| Program, $65,119 in each fiscal year shall be used to support the | 93395 |
| Ameritech Classroom/Center for Research at Kent State University. | 93396 |
| Of the foregoing appropriation item 235-583, Urban University | 93397 |
| Program, $723,547 in each fiscal year shall be used to support the | 93398 |
| Polymer Distance Learning Project at the University of Akron. | 93399 |
| Of the foregoing appropriation item 235-583, Urban University | 93400 |
| Program, $32,560 in each fiscal year shall be distributed to the | 93401 |
| Kent State University/Cleveland Design Center program. | 93402 |
| Of the foregoing appropriation item 235-583, Urban University | 93403 |
| Program, $180,886 in each fiscal year shall be used to support the | 93404 |
| Bliss Institute of Applied Politics at the University of Akron. | 93405 |
| Of the foregoing appropriation item 235-583, Urban University | 93406 |
| Program, $10,851 in each fiscal year shall be used for the | 93407 |
| Advancing-Up Program at the University of Akron. | 93408 |
| Of the foregoing appropriation item 235-583, Urban University | 93409 |
| Program, $139,777 in each fiscal year shall be used to support the | 93410 |
| Strategic Economic Research Collaborative at the University of | 93411 |
| Toledo Urban Affairs Center. | 93412 |
| Of the foregoing appropriation item 235-583, Urban University | 93413 |
| Program, $139,777 in each fiscal year shall be used to support the | 93414 |
| Institute for Collaborative Research and Public Humanities at The | 93415 |
| Ohio State University. | 93416 |
| Of the foregoing appropriation item 235-583, Urban University | 93417 |
| Program, $300,368 in each fiscal year shall be used to support the | 93418 |
| Medina County University Center. | 93419 |
| Section 209.64.60. RURAL UNIVERSITY PROJECTS | 93420 |
| Of the foregoing appropriation item 235-587, Rural University | 93421 |
| Projects, Bowling Green State University shall receive $263,783 in | 93422 |
| each fiscal year, Miami University shall receive $245,320 in each | 93423 |
| fiscal year, and Ohio University shall receive $575,015 in each | 93424 |
| fiscal year. These funds shall be used to support the Institute | 93425 |
| for Local Government Administration and Rural Development at Ohio | 93426 |
| University, the Center for Public Management and Regional Affairs | 93427 |
| at Miami University, and the Center for Policy Analysis and Public | 93428 |
| Service at Bowling Green State University. | 93429 |
| A small portion of the funds provided to Ohio University | 93430 |
| shall also be used for the Institute for Local Government | 93431 |
| Administration and Rural Development State and Rural Policy | 93432 |
| Partnership with the Governor's Office of Appalachia and the | 93433 |
| Appalachian delegation of the General Assembly. | 93434 |
| Of the foregoing appropriation item 235-587, Rural University | 93435 |
| Projects, $15,942 in each fiscal year shall be used to support the | 93436 |
| Washington State Community College day care center. | 93437 |
| Of the foregoing appropriation item 235-587, Rural University | 93438 |
| Projects, $47,829 in each fiscal year shall be used to support the | 93439 |
| COAD/ILGARD/GOA Appalachian Leadership Initiative. | 93440 |
| Section 209.64.63. HAZARDOUS MATERIALS PROGRAM | 93441 |
| The foregoing appropriation item 235-596, Hazardous Materials | 93442 |
| Program, shall be disbursed to Cleveland State University for the | 93443 |
| operation of a program to certify firefighters for the handling of | 93444 |
| hazardous materials. Training shall be available to all Ohio | 93445 |
| firefighters. | 93446 |
| Of the foregoing appropriation item 235-596, Hazardous | 93447 |
| Materials Program, $177,337 in each fiscal year shall be used to | 93448 |
| support the Center for the Interdisciplinary Study of Education | 93449 |
| and Leadership in Public Service at Cleveland State University. | 93450 |
| These funds shall be distributed by the Board of Regents and shall | 93451 |
| be used by the center targeted toward increasing the role of | 93452 |
| special populations in public service and not-for-profit | 93453 |
| organizations. The primary purpose of the center is to study | 93454 |
| issues in public service and to guide strategies for attracting | 93455 |
| new communities into public service occupations by bringing | 93456 |
| together a cadre of researchers, scholars, and professionals | 93457 |
| representing the public administration, social behavioral, and | 93458 |
| education disciplines. | 93459 |
| Section 209.64.66. NATIONAL GUARD SCHOLARSHIP PROGRAM | 93460 |
| The Board of Regents shall disburse funds from appropriation | 93461 |
| item 235-599, National Guard Scholarship Program, at the direction | 93462 |
| of the Adjutant General. Upon the request of the Adjutant General, | 93463 |
| the Board of Regents shall seek Controlling Board approval to | 93464 |
| establish appropriations in item 235-623, National Guard | 93465 |
| Scholarship Reserve Fund. The Board of Regents shall disburse | 93466 |
| funds from appropriation item 235-623, National Guard Scholarship | 93467 |
| Reserve Fund, at the direction of the Adjutant General. | 93468 |
| * Section 209.64.69. PLEDGE OF FEES | 93469 |
| Any new pledge of fees, or new agreement for adjustment of | 93470 |
| fees, made in the biennium ending June 30, 2007, to secure bonds | 93471 |
| or notes of a state-assisted institution of higher education for a | 93472 |
| project for which bonds or notes were not outstanding on the | 93473 |
| effective date of this section shall be effective only after | 93474 |
| approval by the Board of Regents, unless approved in a previous | 93475 |
| biennium. | 93476 |
| Section 209.64.72. HIGHER EDUCATION GENERAL OBLIGATION DEBT | 93477 |
| SERVICE | 93478 |
| The foregoing appropriation item 235-909, Higher Education | 93479 |
| General Obligation Debt Service, shall be used to pay all debt | 93480 |
| service and related financing costs at the times they are required | 93481 |
| to be made under sections 151.01 and 151.04 of the Revised Code | 93482 |
| during the period from July 1, 2005, to June 30, 2007. The Office | 93483 |
| of the Sinking Fund or the Director of Budget and Management shall | 93484 |
| effectuate the required payments by intrastate transfer voucher. | 93485 |
| Section 209.64.75. SALES AND SERVICES | 93486 |
| The Board of Regents is authorized to charge and accept | 93487 |
| payment for the provision of goods and services. Such charges | 93488 |
| shall be reasonably related to the cost of producing the goods and | 93489 |
| services. No charges may be levied for goods or services that are | 93490 |
| produced as part of the routine responsibilities or duties of the | 93491 |
| Board. All revenues received by the Board of Regents shall be | 93492 |
| deposited into Fund 456, and may be used by the Board of Regents | 93493 |
| to pay for the costs of producing the goods and services. | 93494 |
| Section 209.64.76. OHIO HIGHER EDUCATIONAL FACILITY | 93495 |
| COMMISSION SUPPORT | 93496 |
| The foregoing appropriation item 235-602, Higher Educational | 93497 |
| Facility Commission Administration, shall be used by the Board of | 93498 |
| Regents for operating expenses related to the Board of Regents' | 93499 |
| support of the activities of the Ohio Higher Educational Facility | 93500 |
| Commission. Upon the request of the chancellor, the Director of | 93501 |
| Budget and Management shall transfer up to $55,000 cash from Fund | 93502 |
| 461 to Fund 4E8 in each fiscal year of the biennium. | 93503 |
| Section 209.64.78. PHYSICIAN LOAN REPAYMENT | 93504 |
| The foregoing appropriation item 235-604, Physician Loan | 93505 |
| Repayment, shall be used in accordance with sections 3702.71 to | 93506 |
| 3702.81 of the Revised Code. | 93507 |
| Section 209.64.81. NURSING LOAN PROGRAM | 93508 |
| The foregoing appropriation item 235-606, Nursing Loan | 93509 |
| Program, shall be used to administer the nurse education | 93510 |
| assistance program. Up to $159,600 in fiscal year 2006 and | 93511 |
| $167,580 in fiscal year 2007 may be used for operating expenses | 93512 |
| associated with the program. Any additional funds needed for the | 93513 |
| administration of the program are subject to Controlling Board | 93514 |
| approval. | 93515 |
| Section 209.64.84. SCIENCE AND TECHNOLOGY COLLABORATION | 93516 |
| The Board of Regents shall work in close collaboration with | 93517 |
| the Department of Development, the Air Quality Development | 93518 |
| Authority, and the Third Frontier Commission in relation to | 93519 |
| appropriation items and programs referred to as Alignment Programs | 93520 |
| in the following paragraph, and other technology-related | 93521 |
| appropriations and programs in the Department of Development, Air | 93522 |
| Quality Development Authority, and the Board of Regents as these | 93523 |
| agencies may designate, to ensure implementation of a coherent | 93524 |
| state strategy with respect to science and technology. | 93525 |
| "Alignment Programs" means: appropriation items 195-401, | 93526 |
| Thomas Edison Program; 898-402, Coal Development Office; 195-422, | 93527 |
| Third Frontier Action Fund; 898-604, Coal Research and Development | 93528 |
| Fund; 235-433, Economic Growth Challenge; 235-451, Eminent | 93529 |
| Scholars; 235-508, Air Force Institute of Technology; 235-510, | 93530 |
| Ohio Supercomputer Center; 235-527, Ohio Aerospace Institute; | 93531 |
| 235-535, Ohio Agricultural Research and Development Center; | 93532 |
| 235-553, Dayton Area Graduate Studies Institute; 235-554, | 93533 |
| Priorities in Collaborative Graduate Education; 235-556, Ohio | 93534 |
| Academic Resources Network; and 195-435, Biomedical Research and | 93535 |
| Technology Transfer Trust. | 93536 |
| Consistent with the recommendations of the Governor's | 93537 |
| Commission on Higher Education and the Economy, Alignment Programs | 93538 |
| shall be managed and administered (1) to build on existing | 93539 |
| competitive research strengths; (2) to encourage new and emerging | 93540 |
| discoveries and commercialization of products and ideas that will | 93541 |
| benefit the Ohio economy; and (3) to assure improved collaboration | 93542 |
| among Alignment Programs, with programs administered by the Third | 93543 |
| Frontier Commission, and with other state programs that are | 93544 |
| intended to improve economic growth and job creation. | 93545 |
| If requested by the Third Frontier Commission, Alignment | 93546 |
| Programs managers shall report to the Commission or the Third | 93547 |
| Frontier Advisory Board, as directed by the Commission, on the | 93548 |
| contributions of their programs to achieving the objectives stated | 93549 |
| in the preceding paragraph of this section. | 93550 |
| Each alignment program shall be reviewed annually by the | 93551 |
| Third Frontier Commission with respect to its development of | 93552 |
| complementary relationships within a combined state science and | 93553 |
| technology investment portfolio and its overall contribution to | 93554 |
| the state's science and technology strategy, including the | 93555 |
| adoption of appropriately consistent criteria for: (1) the | 93556 |
| scientific merit of activities supported by the program; (2) the | 93557 |
| relevance of the program's activities to commercial opportunities | 93558 |
| in the private sector; (3) the private sector's involvement in a | 93559 |
| process that continually evaluates commercial opportunities to use | 93560 |
| the work supported by the program; and (4) the ability of the | 93561 |
| program and recipients of grant funding from the program to engage | 93562 |
| in activities that are collaborative, complementary, and efficient | 93563 |
| with respect to the expenditure of state funds. All programs | 93564 |
| listed above shall provide annual reports to the Third Frontier | 93565 |
| Commission discussing existing, planned, or possible | 93566 |
| collaborations between programs and recipients of grant funding | 93567 |
| related to technology, development, commercialization, and | 93568 |
| supporting Ohio's economic development. The annual review by the | 93569 |
| Third Frontier Commission shall be a comprehensive review of the | 93570 |
| entire state science and technology program portfolio rather than | 93571 |
| a review of individual programs. | 93572 |
| Applicants for Third Frontier and Alignment Programs funding | 93573 |
| shall identify their requirements for high-performance computing | 93574 |
| facilities and services, including both hardware and software, in | 93575 |
| the proposals. If an applicant's requirements exceed approximately | 93576 |
| $100,000 for a proposal, the Ohio Supercomputer Center shall | 93577 |
| convene a panel of experts. The panel shall review the proposal to | 93578 |
| determine whether the proposal's requirements can be met through | 93579 |
| Ohio Supercomputer Center facilities or through other means and | 93580 |
| report such information to the Third Frontier Commission. | 93581 |
| To ensure that the state receives the maximum benefit from | 93582 |
| its investment in the Third Frontier Project and the Third | 93583 |
| Frontier Network, organizations receiving Third Frontier awards | 93584 |
| and Alignment Programs awards shall, as appropriate, be expected | 93585 |
| to have a connection to the Third Frontier Network that enables | 93586 |
| them and their collaborators to achieve award objectives through | 93587 |
| the Third Frontier Network. | 93588 |
| Section 209.64.87. REPAYMENT OF RESEARCH FACILITY INVESTMENT | 93589 |
| FUND MONEYS | 93590 |
| Notwithstanding any provision of law to the contrary, all | 93591 |
| repayments of Research Facility Investment Fund loans shall be | 93592 |
| made to the Bond Service Trust Fund. All Research Facility | 93593 |
| Investment Fund loan repayments made prior to the effective date | 93594 |
| of this section shall be transferred by the Director of Budget and | 93595 |
| Management to the Bond Service Trust Fund within sixty days after | 93596 |
| the effective date of this section. | 93597 |
| Campuses shall make timely repayments of Research Facility | 93598 |
| Investment Fund loans, according to the schedule established by | 93599 |
| the Board of Regents. In the case of late payments, the Board of | 93600 |
| Regents may deduct from an institution's periodic subsidy | 93601 |
| distribution an amount equal to the amount of the overdue payment | 93602 |
| for that institution, transfer such amount to the Bond Service | 93603 |
| Trust Fund, and credit the appropriate institution for the | 93604 |
| repayment. | 93605 |
| Section 209.64.90. VETERANS' PREFERENCES | 93606 |
| The Board of Regents shall work with the Governor's Office of | 93607 |
| Veterans' Affairs to develop specific veterans' preference | 93608 |
| guidelines for higher education institutions. These guidelines | 93609 |
| shall ensure that the institutions' hiring practices are in | 93610 |
| accordance with the intent of Ohio's veterans' preference laws. | 93611 |
| Section 209.64.93. STATE NEED-BASED FINANCIAL AID | 93612 |
| RECONCILIATION | 93613 |
| By the first day of August in each fiscal year, or as soon | 93614 |
| thereafter as possible, the Ohio Board of Regents shall certify to | 93615 |
| the Director of Budget and Management the amount necessary to pay | 93616 |
| any outstanding prior year obligations to higher education | 93617 |
| institutions for the state's need-based financial aid programs. | 93618 |
| The amounts certified are hereby appropriated to appropriation | 93619 |
| item 235-618, State Need-based Financial Aid Reconciliation, from | 93620 |
| revenues received in the State Need-based Financial Aid | 93621 |
| Reconciliation Fund (Fund 5Y5). | 93622 |
| Section 209.64.96. STUDY ON DISTRIBUTING STATE SHARE OF | 93623 |
| INSTRUCTION FUNDS BASED ON CAMPUS ADMINISTRATIVE AND OPERATIONAL | 93624 |
| EFFICIENCY | 93625 |
| The Board of Regents, in consultation with representatives of | 93626 |
| the higher education community, shall conduct a study on the | 93627 |
| feasibility of distributing a portion of GRF appropriation item | 93628 |
| 235-501, State Share of Instruction, based on campus | 93629 |
| administrative and operational efficiency. The Board of Regents | 93630 |
| shall consider what statistic or statistics would be appropriate | 93631 |
| to measure administrative and operational efficiency and also | 93632 |
| shall consider what an adequate level of administrative support | 93633 |
| should be. The Board of Regents shall submit the results of the | 93634 |
| study to the General Assembly not later than September 15, 2006. | 93635 |
| Section 209.64.99. STUDY ON DISTRIBUTING STATE SHARE OF | 93636 |
| INSTRUCTION FUNDS BASED ON THE NUMBER OF DEGREES AND CERTIFICATES | 93637 |
| AWARDED | 93638 |
| The Board of Regents, in consultation with representatives | 93639 |
| from the higher education community, shall conduct a study on the | 93640 |
| feasibility of distributing a portion of GRF appropriation item | 93641 |
| 235-501, State Share of Instruction, based on the number of | 93642 |
| Ohioans who are awarded certificates or associate's, | 93643 |
| baccalaureate, master's, or doctoral degrees. The study shall | 93644 |
| examine whether it is feasible to retain a portion of the State | 93645 |
| Share of Instruction distributed to the campuses until such times | 93646 |
| as the certificates or degrees are conferred, whether the existing | 93647 |
| appropriation is sufficient to fund such an initiative, and how | 93648 |
| much in additional funds might be necessary to significantly | 93649 |
| increase the number of certificates and degrees earned by Ohioans | 93650 |
| each year. The Board of Regents shall submit the results of the | 93651 |
| study to the General Assembly not later than September 15, 2006. | 93652 |
| Section 209.65.03. STUDY ON PROVIDING INCENTIVES FOR | 93653 |
| CERTIFICATE AND ASSOCIATE DEGREES | 93654 |
| The Board of Regents, in consultation with representatives | 93655 |
| from the higher education community, shall conduct a study on the | 93656 |
| feasibility of devising a performance-based grant to provide | 93657 |
| incentives to university branch campuses, community colleges, | 93658 |
| state community colleges, technical colleges, and the community | 93659 |
| and technical colleges at Youngstown State University, the | 93660 |
| University of Cincinnati, and The University of Akron to increase | 93661 |
| the number and proportion of Ohio students who receive a | 93662 |
| certificate or an associate degree. In consultation with | 93663 |
| representatives from the higher education community, the Board of | 93664 |
| Regents shall develop a measure of certification or degree | 93665 |
| completion. The Board of Regents shall recommend a formula, using | 93666 |
| the Success Challenge formula as a model, that will reward the | 93667 |
| public two-year campuses for the academic success of their | 93668 |
| undergraduate students. The Board of Regents shall submit the | 93669 |
| results of the study to the General Assembly not later than | 93670 |
| September 15, 2006. | 93671 |
| Section 209.69. DRC DEPARTMENT OF REHABILITATION AND | 93672 |
| CORRECTION | 93673 |
| General Revenue Fund | 93674 | ||||||||||
| GRF | 501-321 | Institutional Operations | $ | 857,371,490 | $ | 873,888,880 | 93675 | ||||
| GRF | 501-403 | Prisoner Compensation | $ | 8,599,255 | $ | 8,599,255 | 93676 | ||||
| GRF | 501-405 | Halfway House | $ | 38,104,924 | $ | 38,105,128 | 93677 | ||||
| GRF | 501-406 | Lease Rental Payments | $ | 132,370,500 | $ | 120,600,600 | 93678 | ||||
| GRF | 501-407 | Community Nonresidential Programs | $ | 15,383,471 | $ | 15,404,522 | 93679 | ||||
| GRF | 501-408 | Community Misdemeanor Programs | $ | 8,041,489 | $ | 8,041,489 | 93680 | ||||
| GRF | 501-501 | Community Residential Programs - CBCF | $ | 55,054,445 | $ | 55,054,445 | 93681 | ||||
| GRF | 502-321 | Mental Health Services | $ | 64,897,564 | $ | 66,055,754 | 93682 | ||||
| GRF | 503-321 | Parole and Community Operations | $ | 78,887,219 | $ | 80,708,911 | 93683 | ||||
| GRF | 504-321 | Administrative Operations | $ | 27,559,389 | $ | 28,147,730 | 93684 | ||||
| GRF | 505-321 | Institution Medical Services | $ | 159,926,575 | $ | 176,500,628 | 93685 | ||||
| GRF | 506-321 | Institution Education Services | $ | 22,727,366 | $ | 23,114,615 | 93686 | ||||
| GRF | 507-321 | Institution Recovery Services | $ | 6,946,286 | $ | 7,090,212 | 93687 | ||||
| TOTAL GRF General Revenue Fund | $ | 1,475,869,973 | $ | 1,501,312,169 | 93688 | ||||||
| General Services Fund Group | 93689 |
| 148 | 501-602 | Services and Agricultural | $ | 95,207,653 | $ | 95,207,653 | 93690 | ||||
| 200 | 501-607 | Ohio Penal Industries | $ | 38,000,000 | $ | 38,000,000 | 93691 | ||||
| 4B0 | 501-601 | Penitentiary Sewer Treatment Facility Services | $ | 1,758,177 | $ | 1,758,177 | 93692 | ||||
| 4D4 | 501-603 | Prisoner Programs | $ | 20,967,703 | $ | 20,967,703 | 93693 | ||||
| 4L4 | 501-604 | Transitional Control | $ | 1,593,794 | $ | 1,593,794 | 93694 | ||||
| 4S5 | 501-608 | Education Services | $ | 4,564,072 | $ | 4,564,072 | 93695 | ||||
| 483 | 501-605 | Property Receipts | $ | 393,491 | $ | 393,491 | 93696 | ||||
| 5AF | 501-609 | State and Non-Federal Awards | $ | 262,718 | $ | 262,718 | 93697 | ||||
| 5H8 | 501-617 | Offender Financial Responsibility | $ | 2,000,000 | $ | 2,000,000 | 93698 | ||||
| 5L6 | 501-611 | Information Technology Services | $ | 3,741,980 | $ | 3,741,980 | 93699 | ||||
| 571 | 501-606 | Training Academy Receipts | $ | 75,190 | $ | 75,190 | 93700 | ||||
| 593 | 501-618 | Laboratory Services | $ | 5,799,999 | $ | 5,799,999 | 93701 | ||||
| TOTAL GSF General Services Fund Group | $ | 174,364,777 | $ | 174,364,777 | 93702 | ||||||
| Federal Special Revenue Fund Group | 93703 |
| 3S1 | 501-615 | Truth-In-Sentencing Grants | $ | 26,127,427 | $ | 26,127,427 | 93704 | ||||
| 323 | 501-619 | Federal Grants | $ | 12,198,353 | $ | 12,198,353 | 93705 | ||||
| TOTAL FED Federal Special Revenue | 93706 | ||||||||||
| Fund Group | $ | 38,325,780 | $ | 38,325,780 | 93707 | ||||||
| State Special Revenue Fund Group | 93708 |
| 5CL | 501-616 | Sex Offender Supervision | $ | 100,000 | $ | 75,000 | 93709 | ||||
| Total SSR State Special Revenue Fund Group | $ | 100,000 | $ | 75,000 | 93710 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,688,660,530 | $ | 1,714,077,726 | 93711 |
| HALFWAY HOUSE TRANSFERS | 93712 |
| The Department of Rehabilitation and Correction shall seek | 93713 |
| the approval of the Controlling Board to transfer in each of | 93714 |
| fiscal years 2006 and 2007 from the unexpended, unobligated GRF | 93715 |
| appropriations made to the Department for fiscal years 2006 and | 93716 |
| 2007 at least $500,000 per fiscal year in appropriation authority | 93717 |
| to appropriation item 501-405, Halfway House. | 93718 |
| OHIO BUILDING AUTHORITY LEASE PAYMENTS | 93719 |
| The foregoing appropriation item 501-406, Lease Rental | 93720 |
| Payments, shall be used for payments to the Ohio Building | 93721 |
| Authority for the period July 1, 2005, to June 30, 2007, under the | 93722 |
| primary leases and agreements for those buildings made under | 93723 |
| Chapter 152. of the Revised Code but limited to the aggregate | 93724 |
| amount of $252,971,100. This appropriation amount is the source of | 93725 |
| funds pledged for bond service charges on related obligations | 93726 |
| issued under Chapter 152. of the Revised Code. | 93727 |
| PRISONER COMPENSATION | 93728 |
| Money from the foregoing appropriation item 501-403, Prisoner | 93729 |
| Compensation, shall be transferred on a quarterly basis by | 93730 |
| intrastate transfer voucher to the Services and Agricultural Fund | 93731 |
| (Fund 148) for the purposes of paying prisoner compensation. | 93732 |
| SEX OFFENDER SUPERVISION | 93733 |
| On July 1, 2005, or as soon as practicable thereafter, the | 93734 |
| Director of Budget and Management shall transfer $100,000 in cash | 93735 |
| from the Reparations Fund (Fund 402) to the Sex Offender | 93736 |
| Supervision Fund (Fund 5CL). On July 1, 2006, or as soon as | 93737 |
| practicable thereafter, the Director of Budget and Management | 93738 |
| shall transfer $75,000 in cash from the Reparations Fund (Fund | 93739 |
| 402) to the Sex Offender Supervision Fund (Fund 5CL). | 93740 |
| The foregoing appropriation item 501-616, Sex Offender | 93741 |
| Supervision, shall be used by the Department of Rehabilitation and | 93742 |
| Correction solely to pay for the costs incurred by the Adult | 93743 |
| Parole Authority in supervising sexually violent predators | 93744 |
| released from prison as required by section 2971.05 of the Revised | 93745 |
| Code. At the end of each fiscal year, or as soon as possible | 93746 |
| thereafter, the Director of Budget and Management shall transfer | 93747 |
| back to the Reparations Fund any unexpended, unencumbered cash in | 93748 |
| the Sex Offender Supervision Fund not needed in that fiscal year | 93749 |
| for the sole purpose of paying for the costs of supervising | 93750 |
| sexually violent predators released from prison. | 93751 |
| LOCATION AND TRACKING TECHNOLOGY | 93753 |
| The Director of Rehabilitation and Correction may expend from | 93754 |
| the appropriate fund or funds a total of $3,000,000 in each of | 93755 |
| fiscal years 2006 and 2007 for the purchase, installation, and | 93756 |
| operation of radio frequency identification and tracking | 93757 |
| technology, providing real-time identification and tracking of | 93758 |
| inmates and staff in the state's adult correctional institutions. | 93759 |
| Section 209.72. RSC REHABILITATION SERVICES COMMISSION | 93760 |
| General Revenue Fund | 93761 |
| GRF | 415-100 | Personal Services | $ | 8,851,468 | $ | 8,851,468 | 93762 | ||||
| GRF | 415-402 | Independent Living Council | $ | 12,280 | $ | 12,280 | 93763 | ||||
| GRF | 415-403 | Mental Health Services | $ | 717,221 | $ | 717,221 | 93764 | ||||
| GRF | 415-404 | MR/DD Services | $ | 1,260,816 | $ | 1,260,816 | 93765 | ||||
| GRF | 415-405 | Vocational Rehabilitation/Job and Family Services | $ | 536,912 | $ | 536,912 | 93766 | ||||
| GRF | 415-406 | Assistive Technology | $ | 47,531 | $ | 47,531 | 93767 | ||||
| GRF | 415-431 | Office for People with Brain Injury | $ | 226,012 | $ | 226,012 | 93768 | ||||
| GRF | 415-506 | Services for People with Disabilities | $ | 12,185,215 | $ | 12,185,215 | 93769 | ||||
| GRF | 415-508 | Services for the Deaf | $ | 50,000 | $ | 50,000 | 93770 | ||||
| GRF | 415-509 | Services for the Elderly | $ | 359,377 | $ | 359,377 | 93771 | ||||
| GRF | 415-520 | Independent Living Services | $ | 50,000 | $ | 50,000 | 93772 | ||||
| TOTAL GRF General Revenue Fund | $ | 24,296,832 | $ | 24,296,832 | 93773 | ||||||
| General Services Fund Group | 93774 |
| 4W5 | 415-606 | Program Management Expenses | $ | 18,557,040 | $ | 18,557,040 | 93775 | ||||
| 467 | 415-609 | Business Enterprise Operating Expenses | $ | 1,632,082 | $ | 1,632,082 | 93776 | ||||
| TOTAL GSF General Services | 93777 | ||||||||||
| Fund Group | $ | 20,189,122 | $ | 20,189,122 | 93778 | ||||||
| Federal Special Revenue Fund Group | 93779 |
| 3L1 | 415-601 | Social Security Personal Care Assistance | $ | 3,743,740 | $ | 3,743,740 | 93780 | ||||
| 3L1 | 415-605 | Social Security Community Centers for the Deaf | $ | 1,100,488 | $ | 1,100,488 | 93781 | ||||
| 3L1 | 415-607 | Social Security Administration Cost | $ | 175,860 | $ | 175,860 | 93782 | ||||
| 3L1 | 415-608 | Social Security Special Programs/Assistance | $ | 2,246,991 | $ | 131,716 | 93783 | ||||
| 3L1 | 415-610 | Social Security Vocational Rehabilitation | $ | 1,336,324 | $ | 1,338,324 | 93784 | ||||
| 3L1 | 415-614 | Social Security Independent Living | $ | 154,942 | $ | 0 | 93785 | ||||
| 3L4 | 415-612 | Federal Independent Living Centers or Services | $ | 894,662 | $ | 686,520 | 93786 | ||||
| 3L4 | 415-615 | Federal - Supported Employment | $ | 1,338,191 | $ | 1,338,191 | 93787 | ||||
| 3L4 | 415-617 | Independent Living/Vocational Rehabilitation Programs | $ | 1,508,885 | $ | 1,608,885 | 93788 | ||||
| 317 | 415-620 | Disability Determination | $ | 82,870,347 | $ | 87,999,369 | 93789 | ||||
| 379 | 415-616 | Federal - Vocational Rehabilitation | $ | 123,565,158 | $ | 119,998,470 | 93790 | ||||
| TOTAL FED Federal Special | 93791 | ||||||||||
| Revenue Fund Group | $ | 218,935,588 | $ | 218,121,563 | 93792 | ||||||
| State Special Revenue Fund Group | 93793 |
| 4L1 | 415-619 | Services for Rehabilitation | $ | 4,500,000 | $ | 4,500,000 | 93794 | ||||
| 468 | 415-618 | Third Party Funding | $ | 1,055,407 | $ | 1,105,407 | 93795 | ||||
| TOTAL SSR State Special | 93796 | ||||||||||
| Revenue Fund Group | $ | 5,555,407 | $ | 5,605,407 | 93797 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 268,976,949 | $ | 268,212,924 | 93798 | ||||||
| INDEPENDENT LIVING COUNCIL | 93799 |
| The foregoing appropriation item 415-402, Independent Living | 93800 |
| Council, shall be used to fund the operations of the State | 93801 |
| Independent Living Council. | 93802 |
| MENTAL HEALTH SERVICES | 93803 |
| The foregoing appropriation item 415-403, Mental Health | 93804 |
| Services, shall be used for the provision of vocational | 93805 |
| rehabilitation services to mutually eligible consumers of the | 93806 |
| Rehabilitation Services Commission and the Department of Mental | 93807 |
| Health. | 93808 |
| The Rehabilitation Services Commission shall provide the | 93809 |
| Department of Mental Health a quarterly report stating the numbers | 93810 |
| served, numbers placed in employment, average hourly wage, and | 93811 |
| average hours worked. | 93812 |
| MR/DD SERVICES | 93813 |
| The foregoing appropriation item 415-404, MR/DD Services, | 93814 |
| shall be used as state matching funds to provide vocational | 93815 |
| rehabilitation services to mutually eligible clients between the | 93816 |
| Rehabilitation Services Commission and the Department of Mental | 93817 |
| Retardation and Developmental Disabilities. The Rehabilitation | 93818 |
| Services Commission shall report to the Department of Mental | 93819 |
| Retardation and Developmental Disabilities, as outlined in an | 93820 |
| interagency agreement, on the number and status of mutually | 93821 |
| eligible clients and the status of the funds and expenditures for | 93822 |
| these clients. | 93823 |
| VOCATIONAL REHABILITATION/JOB AND FAMILY SERVICES | 93824 |
| The foregoing appropriation item 415-405, Vocational | 93825 |
| Rehabilitation/Job and Family Services, shall be used as state | 93826 |
| matching funds to provide vocational rehabilitation services to | 93827 |
| mutually eligible clients between the Rehabilitation Services | 93828 |
| Commission and the Department of Job and Family Services. The | 93829 |
| Rehabilitation Services Commission shall report to the Department | 93830 |
| of Job and Family Services, as outlined in an interagency | 93831 |
| agreement, on the number and status of mutually eligible clients | 93832 |
| and the status of the funds and expenditures for these clients. | 93833 |
| ASSISTIVE TECHNOLOGY | 93834 |
| The foregoing appropriation item 415-406, Assistive | 93835 |
| Technology, shall be provided to Assistive Technology of Ohio and | 93836 |
| shall be used only to provide grants under that program. No amount | 93837 |
| of the appropriation may be used for administrative costs. | 93838 |
| OFFICE FOR PEOPLE WITH BRAIN INJURY | 93839 |
| Of the foregoing appropriation item 415-431, Office for | 93840 |
| People with Brain Injury, up to $50,000 in each fiscal year shall | 93841 |
| be used for the state match for a federal grant awarded through | 93842 |
| the Traumatic Brain Injury Act, Pub. L. No. 104-166, and up to | 93843 |
| $50,000 in each fiscal year shall be provided to the Brain Injury | 93844 |
| Trust Fund. The remaining appropriation shall be used to plan and | 93845 |
| coordinate head-injury-related services provided by state agencies | 93846 |
| and other government or private entities, to assess the needs for | 93847 |
| such services, and to set priorities in this area. | 93848 |
| SERVICES FOR THE DEAF | 93849 |
| The foregoing appropriation item 415-508, Services for the | 93850 |
| Deaf, shall be used to supplement Social Security reimbursement | 93851 |
| funds used to provide grants to community centers for the deaf. | 93852 |
| These funds shall not be used in lieu of Social Security | 93853 |
| reimbursement funds. | 93854 |
| SERVICES FOR THE ELDERLY | 93855 |
| The foregoing appropriation item 415-509, Services for the | 93856 |
| Elderly, shall be used as matching funds for vocational | 93857 |
| rehabilitation services for eligible elderly citizens with a | 93858 |
| disability. | 93859 |
| INDEPENDENT LIVING SERVICES | 93860 |
| The foregoing appropriation items 415-520, Independent Living | 93861 |
| Services, and 415-612, Federal - Independent Living Centers or | 93862 |
| Services, shall be used to support state independent living | 93863 |
| centers or independent living services under Title VII of the | 93864 |
| Independent Living Services and Centers for Independent Living of | 93865 |
| the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29 | 93866 |
| U.S.C. 796d. | 93867 |
| PROGRAM MANAGEMENT EXPENSES | 93868 |
| The foregoing appropriation item 415-606, Program Management | 93869 |
| Expenses, shall be used to support the administrative functions of | 93870 |
| the commission related to the provision of vocational | 93871 |
| rehabilitation, disability determination services, and ancillary | 93872 |
| programs. | 93873 |
| INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS | 93874 |
| The foregoing appropriation item 415-617, Independent | 93875 |
| Living/Vocational Rehabilitation Programs, shall be used to | 93876 |
| support vocational rehabilitation programs, including, but not | 93877 |
| limited to, high tech high schools, training, and brain injury | 93878 |
| grants. | 93879 |
| SOCIAL SECURITY REIMBURSEMENT FUNDS | 93880 |
| Reimbursement funds received from the Social Security | 93881 |
| Administration, United States Department of Health and Human | 93882 |
| Services, for the costs of providing services and training to | 93883 |
| return disability recipients to gainful employment shall be used | 93884 |
| in the Social Security Reimbursement Fund (Fund 3L1), as follows: | 93885 |
| (A) Appropriation item 415-601, Social Security Personal Care | 93886 |
| Assistance, to provide personal care services in accordance with | 93887 |
| section 3304.41 of the Revised Code; | 93888 |
| (B) Appropriation item 415-605, Social Security Community | 93889 |
| Centers for the Deaf, to provide grants to community centers for | 93890 |
| the deaf in Ohio for services to individuals with hearing | 93891 |
| impairments; | 93892 |
| (C) Appropriation item 415-607, Social Security | 93893 |
| Administration Cost, to provide administrative services needed to | 93894 |
| administer the Social Security reimbursement program; | 93895 |
| (D) Appropriation item 415-608, Social Security Special | 93896 |
| Programs/Assistance, to provide vocational rehabilitation services | 93897 |
| to individuals with severe disabilities who are Social Security | 93898 |
| beneficiaries, to enable them to achieve competitive employment. | 93899 |
| This appropriation item also includes funds to assist the Personal | 93900 |
| Care Assistance, Community Centers for the Deaf, and Independent | 93901 |
| Living Programs to pay their share of indirect costs as mandated | 93902 |
| by federal OMB Circular A-87. | 93903 |
| (E) Appropriation item 415-610, Social Security Vocational | 93904 |
| Rehabilitation, to provide vocational rehabilitation services to | 93905 |
| older blind individuals with severe disabilities to enable them to | 93906 |
| achieve a noncompetitive employment goal. | 93907 |
| PILOT PROGRAM FOR VOCATIONAL REHABILITATION | 93908 |
| During fiscal years 2006 and 2007, the Rehabilitation | 93909 |
| Services Commission may conduct a pilot program to provide | 93910 |
| vocational rehabilitation and related services to entities, | 93911 |
| employers, or individuals that are not eligible for state- or | 93912 |
| federally-supported services through the commission. The | 93913 |
| commission shall propose fees to be collected from the entities, | 93914 |
| employers, or individuals served by the pilot program to support | 93915 |
| the costs for vocational rehabilitation and related services | 93916 |
| provided under the pilot program. Fee revenues collected under the | 93917 |
| program shall be credited to Fund 468 (Third Party Funding). | 93918 |
| During implementation of the pilot program, the Rehabilitation | 93919 |
| Services Commission shall investigate and determine the | 93920 |
| possibility of utilizing this source of revenue to match federal | 93921 |
| funds. The Rehabilitation Services Commission shall evaluate the | 93922 |
| progress of the pilot program and issue a report of its findings | 93923 |
| to the Governor not later than December 15, 2007. The report shall | 93924 |
| include a recommendation to either continue or discontinue the | 93925 |
| pilot program in the next biennium. | 93926 |
| Section 209.75. RCB RESPIRATORY CARE BOARD | 93927 |
| General Services Fund Group | 93928 |
| 4K9 | 872-609 | Operating Expenses | $ | 441,987 | $ | 0 | 93929 | ||||
| TOTAL GSF General Services | 93930 | ||||||||||
| Fund Group | $ | 441,987 | $ | 0 | 93931 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 441,987 | $ | 0 | 93932 | ||||||
| Section 209.78. REVENUE DISTRIBUTION FUNDS | 93934 |
| Volunteer Firefighters' Dependents Fund | 93935 |
| 085 | 800-900 | Volunteer Firefighters' Dependents Fund | $ | 280,000 | $ | 280,000 | 93936 | ||||
| TOTAL 085 Volunteer Firefighters' | 93937 | ||||||||||
| Dependents Fund | $ | 280,000 | $ | 280,000 | 93938 | ||||||
| Agency Fund Group | 93939 | ||||||||||
| 062 | 110-900 | Resort Area Excise Tax | $ | 1,000,000 | $ | 1,075,000 | 93940 | ||||
| 063 | 110-900 | Permissive Tax Distribution | $ | 1,627,628,631 | $ | 1,706,969,960 | 93941 | ||||
| 067 | 110-900 | School District Income Tax | $ | 185,000,000 | $ | 195,000,000 | 93942 | ||||
| 4P8 | 001-698 | Cash Management Improvement Fund | $ | 2,500,000 | $ | 3,000,000 | 93943 | ||||
| 608 | 001-699 | Investment Earnings | $ | 85,000,000 | $ | 85,000,000 | 93944 | ||||
| TOTAL AGY Agency Fund Group | $ | 1,901,128,631 | $ | 1,991,044,960 | 93945 | ||||||
| Holding Account Redistribution | 93946 |
| R45 | 110-617 | International Fuel Tax Distribution | $ | 6,292,029 | $ | 0 | 93947 | ||||
| TOTAL 090 Holding Account Redistribution Fund | $ | 6,292,029 | $ | 0 | 93948 | ||||||
| Revenue Distribution Fund Group | 93949 | ||||||||||
| 049 | 038-900 | Indigent Drivers Alcohol Treatment | $ | 1,865,000 | $ | 1,865,000 | 93950 | ||||
| 050 | 762-900 | International Registration Plan Distribution | $ | 55,000,000 | $ | 55,000,000 | 93951 | ||||
| 051 | 762-901 | Auto Registration Distribution | $ | 475,000,000 | $ | 475,000,000 | 93952 | ||||
| 054 | 110-900 | Local Government Property Tax Replacement - Utility | $ | 90,000,000 | $ | 90,000,000 | 93953 | ||||
| 060 | 110-900 | Gasoline Excise Tax Fund | $ | 325,000,000 | $ | 349,000,000 | 93954 | ||||
| 064 | 110-900 | Local Government Revenue Assistance | $ | 87,100,747 | $ | 82,623,833 | 93955 | ||||
| 065 | 110-900 | Library/Local Government Support Fund | $ | 444,372,980 | $ | 435,584,650 | 93956 | ||||
| 066 | 800-900 | Undivided Liquor Permits | $ | 14,300,000 | $ | 14,300,000 | 93957 | ||||
| 068 | 110-900 | State and Local Government Highway Distribution | $ | 612,195,011 | $ | 582,437,898 | 93958 | ||||
| 069 | 110-900 | Local Government Fund | $ | 612,195,011 | $ | 582,437,898 | 93959 | ||||
| 081 | 110-900 | Local Government Property Tax Replacement-Business | $ | 20,490,000 | $ | 154,290,000 | 93960 | ||||
| 082 | 110-900 | Horse Racing Tax | $ | 130,000 | $ | 130,000 | 93961 | ||||
| 083 | 700-900 | Ohio Fairs Fund | $ | 2,450,000 | $ | 2,450,000 | 93962 | ||||
| TOTAL RDF Revenue Distribution | 93963 | ||||||||||
| Fund Group | $ | 2,358,979,738 | $ | 2,478,223,381 | 93964 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 4,266,680,398 | $ | 4,469,548,341 | 93965 | ||||||
| ADDITIONAL APPROPRIATIONS | 93966 |
| Appropriation items in this section shall be used for the | 93967 |
| purpose of administering and distributing the designated revenue | 93968 |
| distribution funds according to the Revised Code. If it is | 93969 |
| determined that additional appropriations are necessary for this | 93970 |
| purpose, such amounts are appropriated. | 93971 |
| Section 209.78.03. GENERAL REVENUE FUND TRANSFERS TO LOCAL | 93972 |
| GOVERNMENT PROPERTY TAX REPLACEMENT – BUSINESS (FUND 081) | 93973 |
| Notwithstanding any provision of law to the contrary, the | 93974 |
| Director of Budget and Management shall transfer $4,290,000 in | 93975 |
| fiscal year 2006 and $30,090,000 in fiscal year 2007 from the | 93976 |
| General Revenue Fund to appropriation item 110-900, Local | 93977 |
| Government Property Tax Replacement – Business (Fund 081) in the | 93978 |
| Revenue Distribution Fund. The funds shall be used to reimburse | 93979 |
| local taxing units under section 5751.22 of the Revised Code. | 93980 |
| Section 209.81. SAN BOARD OF SANITARIAN REGISTRATION | 93981 |
| General Services Fund Group | 93982 |
| 4K9 | 893-609 | Operating Expenses | $ | 134,279 | $ | 0 | 93983 | ||||
| TOTAL GSF General Services | 93984 | ||||||||||
| Fund Group | $ | 134,279 | $ | 0 | 93985 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 134,279 | $ | 0 | 93986 | ||||||
| Section 209.84. OSB OHIO STATE SCHOOL FOR THE BLIND | 93988 |
| General Revenue Fund | 93989 |
| GRF | 226-100 | Personal Services | $ | 6,469,841 | $ | 6,594,261 | 93990 | ||||
| GRF | 226-200 | Maintenance | $ | 704,162 | $ | 704,162 | 93991 | ||||
| GRF | 226-300 | Equipment | $ | 113,289 | $ | 113,289 | 93992 | ||||
| TOTAL GRF General Revenue Fund | $ | 7,287,292 | $ | 7,411,712 | 93993 | ||||||
| General Services Fund Group | 93994 |
| 4H8 | 226-602 | Education Reform Grants | $ | 21,620 | $ | 21,620 | 93995 | ||||
| TOTAL GSF General Services | 93996 | ||||||||||
| Fund Group | $ | 21,620 | $ | 21,620 | 93997 | ||||||
| Federal Special Revenue Fund Group | 93998 |
| 3P5 | 226-643 | Medicaid Professional Services Reimbursement | $ | 180,000 | $ | 210,000 | 93999 | ||||
| 310 | 226-626 | Coordinating Unit | $ | 1,639,000 | $ | 1,639,000 | 94000 | ||||
| TOTAL FED Federal Special | 94001 | ||||||||||
| Revenue Fund Group | $ | 1,819,000 | $ | 1,849,000 | 94002 | ||||||
| State Special Revenue Fund Group | 94003 |
| 4M5 | 226-601 | Student Activity and Work Study | $ | 217,397 | $ | 217,397 | 94004 | ||||
| TOTAL SSR State Special Revenue | 94005 | ||||||||||
| Fund Group | $ | 217,397 | $ | 217,397 | 94006 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 9,345,309 | $ | 9,499,729 | 94007 | ||||||
| Section 209.87. OSD OHIO STATE SCHOOL FOR THE DEAF | 94009 |
| General Revenue Fund | 94010 |
| GRF | 221-100 | Personal Services | $ | 8,401,704 | $ | 8,401,704 | 94011 | ||||
| GRF | 221-200 | Maintenance | $ | 1,032,751 | $ | 1,032,751 | 94012 | ||||
| GRF | 221-300 | Equipment | $ | 222,500 | $ | 222,500 | 94013 | ||||
| TOTAL GRF General Revenue Fund | $ | 9,656,955 | $ | 9,656,955 | 94014 | ||||||
| General Services Fund Group | 94015 |
| 4M1 | 221-602 | Education Reform Grants | $ | 27,575 | $ | 27,575 | 94016 | ||||
| TOTAL GSF General Services | 94017 | ||||||||||
| Fund Group | $ | 27,575 | $ | 27,575 | 94018 | ||||||
| Federal Special Revenue Fund Group | 94019 |
| 3AD | 221-604 | VREAL Ohio | $ | 1,000,000 | $ | 1,000,000 | 94020 | ||||
| 3R0 | 221-684 | Medicaid Professional | $ | 35,000 | $ | 35,000 | 94021 | ||||
| Services Reimbursement | 94022 | ||||||||||
| 3Y1 | 221-686 | Early Childhood Grant | $ | 250,000 | $ | 250,000 | 94023 | ||||
| 311 | 221-625 | Coordinating Unit | $ | 1,062,426 | $ | 1,062,426 | 94024 | ||||
| TOTAL FED Federal Special | 94025 | ||||||||||
| Revenue Fund Group | $ | 2,347,426 | $ | 2,347,426 | 94026 | ||||||
| State Special Revenue Fund Group | 94027 |
| 4M0 | 221-601 | Educational Program | $ | 32,688 | $ | 32,688 | 94028 | ||||
| Expenses | 94029 | ||||||||||
| 5H6 | 221-609 | Even Start Fees & Gifts | $ | 59,800 | $ | 59,800 | 94030 | ||||
| TOTAL SSR State Special Revenue | 94031 | ||||||||||
| Fund Group | $ | 92,488 | $ | 92,488 | 94032 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 12,124,444 | $ | 12,124,444 | 94033 | ||||||
| EQUIPMENT | 94034 |
| Of the foregoing appropriation item 221-300, Equipment, up to | 94035 |
| $15,000 in fiscal year 2006 may be used by the Ohio School for the | 94036 |
| Deaf to purchase software for the documentation and tracking of | 94037 |
| students for increased accountability and data analysis for | 94038 |
| quality instruction. | 94039 |
| Section 209.90. SFC SCHOOL FACILITIES COMMISSION | 94040 |
| General Revenue Fund | 94041 |
| GRF | 230-428 | Lease Rental Payments | $ | 31,691,700 | $ | 31,603,200 | 94042 | ||||
| GRF | 230-908 | Common Schools General Obligation Debt Service | $ | 188,724,700 | $ | 224,911,500 | 94043 | ||||
| TOTAL GRF General Revenue Fund | $ | 220,416,400 | $ | 256,514,700 | 94044 | ||||||
| State Special Revenue Fund Group | 94045 |
| 5E3 | 230-644 | Operating Expenses | $ | 7,319,617 | $ | 7,691,485 | 94046 | ||||
| TOTAL SSR State Special Revenue | 94047 | ||||||||||
| Fund Group | $ | 7,319,617 | $ | 7,691,485 | 94048 | ||||||
| Lottery Profits Education Fund Group | 94049 |
| 020 | 230-620 | Career-Tech School Building Assistance | $ | 2,000,000 | $ | 2,000,000 | 94050 | ||||
| TOTAL LPE Lottery Profits | 94051 | ||||||||||
| Education Fund Group | $ | 2,000,000 | $ | 2,000,000 | 94052 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 229,736,017 | $ | 266,206,185 | 94053 | ||||||
| Section 209.90.03. LEASE RENTAL PAYMENTS | 94055 |
| The foregoing appropriation item 230-428, Lease Rental | 94056 |
| Payments, shall be used to meet all payments at the times they are | 94057 |
| required to be made during the period from July 1, 2005, to June | 94058 |
| 30, 2007, by the School Facilities Commission under leases and | 94059 |
| agreements made under section 3318.26 of the Revised Code, but | 94060 |
| limited to the aggregate amount of $63,294,900. Nothing in this | 94061 |
| act shall be deemed to contravene the obligation of the state to | 94062 |
| pay, without necessity for further appropriation, from the sources | 94063 |
| pledged thereto, the bond service charges on obligations issued | 94064 |
| under Chapter 3318. of the Revised Code. | 94065 |
| COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE | 94066 |
| The foregoing appropriation item 230-908, Common Schools | 94067 |
| General Obligation Debt Service, shall be used to pay all debt | 94068 |
| service and related financing costs at the times they are required | 94069 |
| to be made under sections 151.01 and 151.03 of the Revised Code | 94070 |
| during the period from July 1, 2005, to June 30, 2007. The Office | 94071 |
| of the Sinking Fund or the Director of Budget and Management shall | 94072 |
| effectuate the required payments by an intrastate transfer | 94073 |
| voucher. | 94074 |
| OPERATING EXPENSES | 94075 |
| The foregoing appropriation item 230-644, Operating Expenses, | 94076 |
| shall be used by the Ohio School Facilities Commission to carry | 94077 |
| out its responsibilities under this section and Chapter 3318. of | 94078 |
| the Revised Code. | 94079 |
| In both fiscal years 2006 and 2007, the Executive Director of | 94080 |
| the Ohio School Facilities Commission shall certify on a quarterly | 94081 |
| basis to the Director of Budget and Management the amount of cash | 94082 |
| from interest earnings to be transferred from the School Building | 94083 |
| Assistance Fund (Fund 032), the Public School Building Fund (Fund | 94084 |
| 021), and the Educational Facilities Trust Fund (Fund N87) to the | 94085 |
| Ohio School Facilities Commission Fund (Fund 5E3). The amount | 94086 |
| transferred may not exceed investment earnings credited to the | 94087 |
| School Building Assistance Fund (Fund 032), less any amount | 94088 |
| required to be paid for federal arbitage rebate purposes. | 94089 |
| SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION | 94090 |
| At the request of the Executive Director of the Ohio School | 94091 |
| Facilities Commission, the Director of Budget and Management may | 94092 |
| cancel encumbrances for school district projects from a previous | 94093 |
| biennium if the district has not raised its local share of project | 94094 |
| costs within one year of receiving Controlling Board approval | 94095 |
| under section 3318.05 of the Revised Code. The Executive Director | 94096 |
| of the Ohio School Facilities Commission shall certify the amounts | 94097 |
| of the canceled encumbrances to the Director of Budget and | 94098 |
| Management on a quarterly basis. The amounts of the canceled | 94099 |
| encumbrances are hereby appropriated. | 94100 |
| Section 209.90.06. EXTREME ENVIRONMENTAL CONTAMINATION OF | 94101 |
| SCHOOL FACILITIES | 94102 |
| Notwithstanding any other provision of law to the contrary, | 94103 |
| the School Facilities Commission may provide assistance under the | 94104 |
| Exceptional Needs School Facilities Program established in section | 94105 |
| 3318.37 of the Revised Code to any school district, and not | 94106 |
| exclusively to a school district in the lowest fifty per cent of | 94107 |
| adjusted valuation per pupil on the current ranking of school | 94108 |
| districts established under section 3317.02 of the Revised Code, | 94109 |
| for the purpose of the relocation or replacement of school | 94110 |
| facilities required as a result of extreme environmental | 94111 |
| contamination. | 94112 |
| The School Facilities Commission shall contract with an | 94113 |
| independent environmental consultant to conduct a study and to | 94114 |
| report to the commission as to the seriousness of the | 94115 |
| environmental contamination, whether the contamination violates | 94116 |
| applicable state and federal standards, and whether the facilities | 94117 |
| are no longer suitable for use as school facilities. The | 94118 |
| commission then shall make a determination regarding funding for | 94119 |
| the relocation or replacement of the school facilities. If the | 94120 |
| federal government or other public or private entity provides | 94121 |
| funds for restitution of costs incurred by the state or school | 94122 |
| district in the relocation or replacement of the school | 94123 |
| facilities, the school district shall use such funds in excess of | 94124 |
| the school district's share to refund the state for the state's | 94125 |
| contribution to the environmental contamination portion of the | 94126 |
| project. The school district may apply an amount of such | 94127 |
| restitution funds up to an amount equal to the school district's | 94128 |
| portion of the project, as defined by the commission, toward | 94129 |
| paying its portion of that project to reduce the amount of bonds | 94130 |
| the school district otherwise must issue to receive state | 94131 |
| assistance under sections 3318.01 to 3318.20 of the Revised Code. | 94132 |
| Section 209.90.09. CANTON CITY SCHOOL DISTRICT PROJECT | 94133 |
| (A) The Ohio School Facilities Commission may commit up to | 94134 |
| thirty-five million dollars to the Canton City School District for | 94135 |
| construction of a facility described in this section, in lieu of a | 94136 |
| high school that would otherwise be authorized under Chapter 3318. | 94137 |
| of the Revised Code. The Commission shall not commit funds under | 94138 |
| this section unless all of the following conditions are met: | 94139 |
| (1) The District has entered into a cooperative agreement | 94140 |
| with a state-assisted technical college. | 94141 |
| (2) The District has received an irrevocable commitment of | 94142 |
| additional funding from nonpublic sources. | 94143 |
| (3) The facility is intended to serve both secondary and | 94144 |
| postsecondary instructional purposes. | 94145 |
| (B) The Commission shall enter into an agreement with the | 94146 |
| District for the construction of the facility authorized under | 94147 |
| this section that is separate from and in addition to the | 94148 |
| agreement required for the District's participation in the | 94149 |
| Classroom Facilities Assistance Program under section 3318.08 of | 94150 |
| the Revised Code. Notwithstanding that section and sections | 94151 |
| 3318.03, 3318.04, and 3318.083 of the Revised Code, the additional | 94152 |
| agreement shall provide, but not be limited to, the following: | 94153 |
| (1) The Commission shall not have any oversight | 94154 |
| responsibilities over the construction of the facility. | 94155 |
| (2) The facility need not comply with the specifications for | 94156 |
| plans and materials for high schools adopted by the Commission. | 94157 |
| (3) The Commission may decrease the basic project cost that | 94158 |
| would otherwise be calculated for a high school under Chapter | 94159 |
| 3318. of the Revised Code. | 94160 |
| (4) The state shall not share in any increases in the basic | 94161 |
| project cost for the facility above the amount authorized under | 94162 |
| this section. | 94163 |
| All other provisions of Chapter 3318. of the Revised Code | 94164 |
| apply to the approval and construction of a facility authorized | 94165 |
| under this section. | 94166 |
| The state funds committed to the facility authorized by this | 94167 |
| section shall be part of the total amount the state commits to the | 94168 |
| Canton City School District under Chapter 3318. of the Revised | 94169 |
| Code. All additional state funds committed to the Canton City | 94170 |
| School District for classroom facilities assistance shall be | 94171 |
| subject to all provisions of Chapter 3318. of the Revised Code. | 94172 |
| Section 209.93. SOS SECRETARY OF STATE | 94173 |
| General Revenue Fund | 94174 |
| GRF | 050-321 | Operating Expenses | $ | 2,585,000 | $ | 2,585,000 | 94175 | ||||
| GRF | 050-403 | Election Statistics | $ | 103,936 | $ | 103,936 | 94176 | ||||
| GRF | 050-407 | Pollworkers Training | $ | 277,997 | $ | 277,997 | 94177 | ||||
| GRF | 050-409 | Litigation Expenditures | $ | 4,652 | $ | 4,652 | 94178 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,971,585 | $ | 2,971,585 | 94179 | ||||||
| General Services Fund Group | 94180 |
| 4S8 | 050-610 | Board of Voting Machine Examiners | $ | 7,200 | $ | 7,200 | 94181 | ||||
| 412 | 050-609 | Notary Commission | $ | 685,250 | $ | 685,249 | 94182 | ||||
| 413 | 050-601 | Information Systems | $ | 169,955 | $ | 169,955 | 94183 | ||||
| 414 | 050-602 | Citizen Education Fund | $ | 75,700 | $ | 55,712 | 94184 | ||||
| TOTAL General Services Fund Group | $ | 938,105 | $ | 918,116 | 94185 | ||||||
| Federal Special Revenue Fund Group | 94186 |
| 3AS | 050-616 | 2005 HAVA Voting Machines | $ | 37,436,203 | $ | 0 | 94187 | ||||
| 3X4 | 050-612 | Ohio Center/Law Related Educational Grant | $ | 41,000 | $ | 41,000 | 94188 | ||||
| TOTAL FED Federal Special Revenue | 94189 | ||||||||||
| Fund Group | $ | 37,477,203 | $ | 41,000 | 94190 | ||||||
| State Special Revenue Fund Group | 94191 |
| 5N9 | 050-607 | Technology Improvements | $ | 129,565 | $ | 129,565 | 94192 | ||||
| 599 | 050-603 | Business Services Operating Expenses | $ | 13,741,745 | $ | 13,761,734 | 94193 | ||||
| TOTAL SSR State Special Revenue | 94194 | ||||||||||
| Fund Group | $ | 13,871,310 | $ | 13,891,299 | 94195 | ||||||
| Holding Account Redistribution Fund Group | 94196 |
| R01 | 050-605 | Uniform Commercial Code Refunds | $ | 65,000 | $ | 65,000 | 94197 | ||||
| R02 | 050-606 | Corporate/Business Filing Refunds | $ | 100,000 | $ | 100,000 | 94198 | ||||
| TOTAL 090 Holding Account | 94199 | ||||||||||
| Redistribution Fund Group | $ | 165,000 | $ | 165,000 | 94200 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 55,423,203 | $ | 17,987,000 | 94201 | ||||||
| BOARD OF VOTING MACHINE EXAMINERS | 94202 |
| The foregoing appropriation item 050-610, Board of Voting | 94203 |
| Machine Examiners, shall be used to pay for the services and | 94204 |
| expenses of the members of the Board of Voting Machine Examiners, | 94205 |
| and for other expenses that are authorized to be paid from the | 94206 |
| Board of Voting Machine Examiners Fund, which is created in | 94207 |
| section 3506.05 of the Revised Code. Moneys not used shall be | 94208 |
| returned to the person or entity submitting the equipment for | 94209 |
| examination. If it is determined that additional appropriations | 94210 |
| are necessary, such amounts are appropriated. | 94211 |
| 2005 HAVA VOTING MACHINES | 94212 |
| On July 1, 2005, or as soon as possible thereafter, the | 94213 |
| Secretary of State shall request that the Director of Budget and | 94214 |
| Management certify the unexpended, unencumbered amount of | 94215 |
| appropriation item 050-615, 2004 HAVA Voting Machines, within the | 94216 |
| 2004 HAVA Voting Machines Fund (Fund 3AR). The Director of Budget | 94217 |
| and Management shall transfer the certified amount to | 94218 |
| appropriation item 050-616, 2005 HAVA Voting Machines, within the | 94219 |
| 2005 HAVA Voting Machines Fund (Fund 3AS) for use in fiscal year | 94220 |
| 2006. The transferred amount is hereby appropriated. | 94221 |
| The unexpended, unencumbered amount of appropriation item | 94222 |
| 050-616, 2005 HAVA Voting Machines, at the end of fiscal year 2006 | 94223 |
| is transferred to fiscal year 2007 for use under the same | 94224 |
| appropriation item. | 94225 |
| HOLDING ACCOUNT REDISTRIBUTION GROUP | 94226 |
| The foregoing appropriation items 050-605 and 050-606, | 94227 |
| Holding Account Redistribution Fund Group, shall be used to hold | 94228 |
| revenues until they are directed to the appropriate accounts or | 94229 |
| until they are refunded. If it is determined that additional | 94230 |
| appropriations are necessary, such amounts are appropriated. | 94231 |
| Section 209.96. SEN THE OHIO SENATE | 94232 |
| General Revenue Fund | 94233 |
| GRF | 020-321 | Operating Expenses | $ | 11,546,357 | $ | 11,661,821 | 94234 | ||||
| TOTAL GRF General Revenue Fund | $ | 11,546,357 | $ | 11,661,821 | 94235 | ||||||
| General Services Fund Group | 94236 |
| 102 | 020-602 | Senate Reimbursement | $ | 444,025 | $ | 444,025 | 94237 | ||||
| 409 | 020-601 | Miscellaneous Sales | $ | 34,155 | $ | 34,155 | 94238 | ||||
| TOTAL GSF General Services | 94239 | ||||||||||
| Fund Group | $ | 478,180 | $ | 478,180 | 94240 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 12,024,537 | $ | 12,140,001 | 94241 | ||||||
| OPERATING EXPENSES | 94242 |
| On July 1, 2005, or as soon as possible thereafter, the Clerk | 94243 |
| of the Senate shall certify to the Director of Budget and | 94244 |
| Management the total fiscal year 2005 unencumbered appropriations | 94245 |
| in appropriation item 020-321, Operating Expenses. The Clerk may | 94246 |
| direct the Director of Budget and Management to transfer an amount | 94247 |
| not to exceed the total fiscal year 2005 unencumbered | 94248 |
| appropriations to fiscal year 2006 for use within appropriation | 94249 |
| item 020-321, Operating Expenses. Additional appropriation | 94250 |
| authority equal to the amount certified by the Clerk is hereby | 94251 |
| appropriated to appropriation item 020-321, Operating Expenses, in | 94252 |
| fiscal year 2006. | 94253 |
| On July 1, 2006, or as soon as possible thereafter, the Clerk | 94254 |
| of the Senate shall certify to the Director of Budget and | 94255 |
| Management the total fiscal year 2006 unencumbered appropriations | 94256 |
| in appropriation item 020-321, Operating Expenses. The Clerk may | 94257 |
| direct the Director of Budget and Management to transfer an amount | 94258 |
| not to exceed the total fiscal year 2006 unencumbered | 94259 |
| appropriations to fiscal year 2007 for use within appropriation | 94260 |
| item 020-321, Operating Expenses. Additional appropriation | 94261 |
| authority equal to the amount certified by the Clerk is hereby | 94262 |
| appropriated to appropriation item 020-321, Operating Expenses, in | 94263 |
| fiscal year 2007. | 94264 |
| Section 209.99. CSF COMMISSIONERS OF THE SINKING FUND | 94265 |
| Debt Service Fund Group | 94266 |
| 072 | 155-902 | Highway Capital Improvements Bond Retirement Fund | $ | 180,620,600 | $ | 196,464,900 | 94267 | ||||
| 073 | 155-903 | Natural Resources Bond Retirement Fund | $ | 26,166,000 | $ | 24,659,100 | 94268 | ||||
| 074 | 155-904 | Conservation Projects Bond Service Fund | $ | 14,687,300 | $ | 17,668,800 | 94269 | ||||
| 076 | 155-906 | Coal Research and Development Bond Retirement Fund | $ | 7,071,100 | $ | 8,980,800 | 94270 | ||||
| 077 | 155-907 | State Capital Improvements Bond Retirement Fund | $ | 163,131,400 | $ | 174,545,100 | 94271 | ||||
| 078 | 155-908 | Common Schools Bond Retirement Fund | $ | 200,724,700 | $ | 236,911,500 | 94272 | ||||
| 079 | 155-909 | Higher Education Bond Retirement Fund | $ | 140,600,300 | $ | 158,114,100 | 94273 | ||||
| TOTAL DSF Debt Service Fund Group | $ | 733,001,400 | $ | 817,344,300 | 94274 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 733,001,400 | $ | 817,344,300 | 94275 | ||||||
| ADDITIONAL APPROPRIATIONS | 94276 |
| Appropriation items in this section are for the purpose of | 94277 |
| paying debt service and financing costs on bonds or notes of the | 94278 |
| state issued under the Ohio Constitution and acts of the General | 94279 |
| Assembly. If it is determined that additional appropriations are | 94280 |
| necessary for this purpose, such amounts are appropriated. | 94281 |
| COMMISSIONER OF THE SINKING FUND HIGHWAY BOND TRANSFER | 94282 |
| AUTHORIZATION | 94283 |
| Notwithstanding any other provision of law to the contrary, | 94284 |
| the Commissioners of the Sinking Fund shall certify to the | 94285 |
| Director of Budget and Management, and the director shall then | 94286 |
| transfer, the cash balance remaining after provision for the | 94287 |
| payment of all outstanding bonds, notes, coupons, and charges from | 94288 |
| the Highway Obligation Bond Retirement Fund (Fund 071) to the | 94289 |
| Highway Capital Improvements Bond Service Fund (Fund 072), created | 94290 |
| by section 151.06 of the Revised Code, as expeditiously as | 94291 |
| possible after the effective date of this section. | 94292 |
| Section 212.03. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY & | 94293 |
| AUDIOLOGY | 94294 |
| General Services Fund Group | 94295 |
| 4K9 | 886-609 | Operating Expenses | $ | 408,864 | $ | 0 | 94296 | ||||
| TOTAL GSF General Services | 94297 | ||||||||||
| Fund Group | $ | 408,864 | $ | 0 | 94298 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 408,864 | $ | 0 | 94299 | ||||||
| Section 212.06. BTA BOARD OF TAX APPEALS | 94301 |
| General Revenue Fund | 94302 |
| GRF | 116-321 | Operating Expenses | $ | 2,155,055 | $ | 2,211,035 | 94303 | ||||
| TOTAL GRF General Revenue Fund | $ | 2,155,055 | $ | 2,211,035 | 94304 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,155,055 | $ | 2,211,035 | 94305 | ||||||
| Section 212.09. TAX DEPARTMENT OF TAXATION | 94307 |
| General Revenue Fund | 94308 |
| GRF | 110-321 | Operating Expenses | $ | 91,439,754 | $ | 91,439,754 | 94309 | ||||
| GRF | 110-412 | Child Support Administration | $ | 71,988 | $ | 71,988 | 94310 | ||||
| GRF | 110-901 | Property Tax Allocation - Taxation | $ | 430,102,680 | $ | 409,946,241 | 94311 | ||||
| GRF | 110-906 | Tangible Tax Exemption - Taxation | $ | 18,355,923 | $ | 13,766,942 | 94312 | ||||
| TOTAL GRF General Revenue Fund | $ | 539,970,345 | $ | 515,224,925 | 94313 | ||||||
| General Services Fund Group | 94314 |
| 228 | 110-628 | Tax Reform System Implementation | $ | 7,000,000 | $ | 7,000,000 | 94315 | ||||
| 433 | 110-602 | Tape File Account | $ | 96,165 | $ | 96,165 | 94316 | ||||
| 5BW | 110-630 | Tax Amnesty Promotion and Administration | $ | 2,000,000 | $ | 0 | 94317 | ||||
| 5W4 | 110-625 | Centralized Tax Filing and Payment | $ | 2,500,000 | $ | 2,000,000 | 94318 | ||||
| 5W7 | 110-627 | Exempt Facility Administration | $ | 36,000 | $ | 36,000 | 94319 | ||||
| TOTAL GSF General Services | 94320 | ||||||||||
| Fund Group | $ | 11,632,165 | $ | 9,132,165 | 94321 | ||||||
| Federal Special Revenue Fund Group | 94322 |
| 3J6 | 110-601 | Motor Fuel Compliance | $ | 25,000 | $ | 25,000 | 94323 | ||||
| TOTAL FED Federal Special Revenue | 94324 | ||||||||||
| Fund Group | $ | 25,000 | $ | 25,000 | 94325 | ||||||
| State Special Revenue Fund Group | 94326 |
| 4C6 | 110-616 | International Registration Plan | $ | 706,855 | $ | 706,855 | 94327 | ||||
| 4R6 | 110-610 | Tire Tax Administration | $ | 65,000 | $ | 65,000 | 94328 | ||||
| 435 | 110-607 | Local Tax Administration | $ | 15,880,987 | $ | 16,394,879 | 94329 | ||||
| 436 | 110-608 | Motor Vehicle Audit | $ | 1,350,000 | $ | 1,350,000 | 94330 | ||||
| 437 | 110-606 | Litter Tax and Natural Resource Tax Administration | $ | 625,232 | $ | 625,232 | 94331 | ||||
| 438 | 110-609 | School District Income Tax | $ | 2,599,999 | $ | 2,599,999 | 94332 | ||||
| 5BQ | 110-629 | Commercial Activity Tax Administration | $ | 6,000,000 | $ | 500,000 | 94333 | ||||
| 5N5 | 110-605 | Municipal Income Tax Administration | $ | 265,000 | $ | 265,000 | 94334 | ||||
| 5N6 | 110-618 | Kilowatt Hour Tax Administration | $ | 85,000 | $ | 85,000 | 94335 | ||||
| 5V7 | 110-622 | Motor Fuel Tax Administration | $ | 4,268,345 | $ | 4,397,263 | 94336 | ||||
| 5V8 | 110-623 | Property Tax Administration | $ | 12,758,643 | $ | 12,967,102 | 94337 | ||||
| 639 | 110-614 | Cigarette Tax Enforcement | $ | 168,925 | $ | 168,925 | 94338 | ||||
| 642 | 110-613 | Ohio Political Party Distributions | $ | 600,000 | $ | 600,000 | 94339 | ||||
| 688 | 110-615 | Local Excise Tax Administration | $ | 300,000 | $ | 300,000 | 94340 | ||||
| TOTAL SSR State Special Revenue | 94341 | ||||||||||
| Fund Group | $ | 45,673,986 | $ | 41,025,255 | 94342 | ||||||
| Agency Fund Group | 94343 |
| 095 | 110-901 | Municipal Income Tax | $ | 21,000,000 | $ | 21,000,000 | 94344 | ||||
| 425 | 110-635 | Tax Refunds | $ | 1,483,900,000 | $ | 1,582,700,000 | 94345 | ||||
| TOTAL AGY Agency Fund Group | $ | 1,504,900,000 | $ | 1,603,700,000 | 94346 | ||||||
| Holding Account Redistribution Fund Group | 94347 |
| R10 | 110-611 | Tax Distributions | $ | 50,000 | $ | 50,000 | 94348 | ||||
| R11 | 110-612 | Miscellaneous Income Tax Receipts | $ | 50,000 | $ | 50,000 | 94349 | ||||
| TOTAL 090 Holding Account | 94350 | ||||||||||
| Redistribution Fund Group | $ | 100,000 | $ | 100,000 | 94351 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 2,102,301,496 | $ | 2,169,207,345 | 94352 | ||||||
| HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX | 94353 |
| EXEMPTION | 94354 |
| The foregoing appropriation item 110-901, Property Tax | 94355 |
| Allocation - Taxation, is hereby appropriated to pay for the | 94356 |
| state's costs incurred because of the Homestead Exemption, the | 94357 |
| Manufactured Home Property Tax Rollback, and the Property Tax | 94358 |
| Rollback. The Tax Commissioner shall distribute these funds | 94359 |
| directly to the appropriate local taxing districts, except for | 94360 |
| school districts, notwithstanding the provisions in sections | 94361 |
| 321.24 and 323.156 of the Revised Code, which provide for payment | 94362 |
| of the Homestead Exemption, the Manufactured Home Property Tax | 94363 |
| Rollback, and Property Tax Rollback by the Tax Commissioner to the | 94364 |
| appropriate county treasurer and the subsequent redistribution of | 94365 |
| these funds to the appropriate local taxing districts by the | 94366 |
| county auditor. | 94367 |
| The foregoing appropriation item 110-906, Tangible Tax | 94368 |
| Exemption - Taxation, is hereby appropriated to pay for the | 94369 |
| state's costs incurred because of the tangible personal property | 94370 |
| tax exemption required by division (C)(3) of section 5709.01 of | 94371 |
| the Revised Code. The Tax Commissioner shall distribute to each | 94372 |
| county treasurer the total amount appearing in the notification | 94373 |
| from the county treasurer under division (G) of section 321.24 of | 94374 |
| the Revised Code for all local taxing districts located in the | 94375 |
| county except for school districts, notwithstanding the provision | 94376 |
| in section 321.24 of the Revised Code which provides for payment | 94377 |
| of the $10,000 tangible personal property tax exemption by the Tax | 94378 |
| Commissioner to the appropriate county treasurer for all local | 94379 |
| taxing districts located in the county including school districts. | 94380 |
| The county auditor shall distribute the amount paid by the Tax | 94381 |
| Commissioner among the appropriate local taxing districts except | 94382 |
| for school districts under division (G) of section 321.24 of the | 94383 |
| Revised Code. | 94384 |
| Upon receipt of these amounts, each local taxing district | 94385 |
| shall distribute the amount among the proper funds as if it had | 94386 |
| been paid as real or tangible personal property taxes. Payments | 94387 |
| for the costs of administration shall continue to be paid to the | 94388 |
| county treasurer and county auditor as provided for in sections | 94389 |
| 319.54, 321.26, and 323.156 of the Revised Code. | 94390 |
| Any sums, in addition to the amounts specifically | 94391 |
| appropriated in appropriation items 110-901, Property Tax | 94392 |
| Allocation - Taxation, for the Homestead Exemption, the | 94393 |
| Manufactured Home Property Tax Rollback, and the Property Tax | 94394 |
| Rollback payments, and 110-906, Tangible Tax Exemption - Taxation, | 94395 |
| for the $10,000 tangible personal property tax exemption payments, | 94396 |
| which are determined to be necessary for these purposes, are | 94397 |
| hereby appropriated. | 94398 |
| MUNICIPAL INCOME TAX | 94399 |
| The foregoing appropriation item 110-901, Municipal Income | 94400 |
| Tax, shall be used to make payments to municipal corporations | 94401 |
| under section 5745.05 of the Revised Code. If it is determined | 94402 |
| that additional appropriations are necessary to make these | 94403 |
| payments, such amounts are hereby appropriated. | 94404 |
| TAX REFUNDS | 94405 |
| The foregoing appropriation item 110-635, Tax Refunds, shall | 94406 |
| be used to pay refunds under section 5703.052 of the Revised Code. | 94407 |
| If it is determined that additional appropriations are necessary | 94408 |
| for this purpose, such amounts are hereby appropriated. | 94409 |
| TAX REFORM SYSTEM IMPLEMENTATION FUND | 94410 |
| Notwithstanding section 3734.9010, division (B)(2)(c) of | 94411 |
| section 4505.09, division (B) of section 5703.12, section 5703.80, | 94412 |
| division (C)(6) of section 5727.81, sections 5733.122 and | 94413 |
| 5735.053, division (C) of section 5739.21, section 5745.03, | 94414 |
| division (C) of section 5747.03, and section 5747.113 of the | 94415 |
| Revised Code and any other statutory provision to the contrary, | 94416 |
| any residual cash balances determined and certified by the Tax | 94417 |
| Commissioner to the Director of Budget and Management shall be | 94418 |
| transferred on July 1, 2005, or as soon as possible thereafter, to | 94419 |
| the Tax Reform System Implementation Fund (Fund 228), which is | 94420 |
| hereby created in the State Treasury. The fund shall be used to | 94421 |
| pay expenses incurred by the Department of Taxation in providing | 94422 |
| an integrated tax system that will accommodate the needs of tax | 94423 |
| reform and allow for improved customer service, processing | 94424 |
| efficiency, compliance enforcement, and reporting. | 94425 |
| INTERNATIONAL REGISTRATION PLAN AUDIT | 94426 |
| The foregoing appropriation item 110-616, International | 94427 |
| Registration Plan, shall be used under section 5703.12 of the | 94428 |
| Revised Code for audits of persons with vehicles registered under | 94429 |
| the International Registration Plan. | 94430 |
| TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT | 94431 |
| Of the foregoing appropriation item 110-607, Local Tax | 94432 |
| Administration, the Tax Commissioner may disburse funds, if | 94433 |
| available, for the purposes of paying travel expenses incurred by | 94434 |
| members of Ohio's delegation to the Streamlined Sales Tax Project, | 94435 |
| as appointed under section 5740.02 of the Revised Code. Any travel | 94436 |
| expense reimbursement paid for by the Department of Taxation shall | 94437 |
| be done in accordance with applicable state laws and guidelines. | 94438 |
| LITTER CONTROL TAX ADMINISTRATION FUND | 94439 |
| Notwithstanding section 5733.12 of the Revised Code, during | 94440 |
| the period from July 1, 2005, to June 30, 2006, the amount of | 94441 |
| $625,232, and during the period from July 1, 2006, to June 30, | 94442 |
| 2007, the amount of $625,232, received by the Tax Commissioner | 94443 |
| under Chapter 5733. of the Revised Code, shall be credited to the | 94444 |
| Litter Control Tax Administration Fund (Fund 437). | 94445 |
| TAX AMNESTY PROMOTION AND ADMINISTRATION | 94446 |
| The foregoing appropriation item 110-630, Tax Amnesty | 94447 |
| Promotion and Administration, shall be used to pay expenses | 94448 |
| incurred to promote and administer the tax amnesty program run | 94449 |
| from November 1, 2005, through December 15, 2005, by the | 94450 |
| Department of Taxation. The Department of Taxation and Attorney | 94451 |
| General's Office shall work in close collaboration on promotion | 94452 |
| activities in relation to the Tax Amnesty Promotion and | 94453 |
| Administration program. | 94454 |
| CENTRALIZED TAX FILING AND PAYMENT FUND | 94455 |
| The Director of Budget and Management, under a plan submitted | 94456 |
| by the Tax Commissioner, or as otherwise determined by the | 94457 |
| Director of Budget and Management, shall set a schedule to | 94458 |
| transfer cash from the General Revenue Fund to the credit of the | 94459 |
| Centralized Tax Filing and Payment Fund (Fund 5W4). The transfers | 94460 |
| of cash shall not exceed $4,500,000 in the biennium. | 94461 |
| COMMERCIAL ACTIVITY TAX ADMINISTRATION | 94462 |
| The foregoing appropriation item 110-629, Commercial Activity | 94463 |
| Tax Administration, shall be used to pay expenses incurred by the | 94464 |
| Department of Taxation to implement and administer the Commercial | 94465 |
| Activity Tax under Chapter 5751. of the Revised Code. | 94466 |
| Section 212.12. DOT DEPARTMENT OF TRANSPORTATION | 94467 |
| 94468 |
| General Revenue Fund | 94469 |
| GRF | 775-451 | Public Transportation - State | $ | 16,300,000 | $ | 16,300,000 | 94470 | ||||
| GRF | 776-465 | Ohio Rail Development Commission | $ | 2,700,000 | $ | 2,700,000 | 94471 | ||||
| GRF | 776-466 | Railroad Crossing/Grade Separation | $ | 789,600 | $ | 789,600 | 94472 | ||||
| GRF | 777-471 | Airport Improvements - State | $ | 1,793,985 | $ | 1,793,985 | 94473 | ||||
| GRF | 777-473 | Rickenbacker Lease Payments - State | $ | 594,500 | $ | 320,300 | 94474 | ||||
| TOTAL GRF General Revenue Fund | $ | 22,178,085 | $ | 21,903,885 | 94475 | ||||||
| Federal Special Revenue Fund Group | 94476 |
| 3B9 | 776-662 | Rail Transportation - Federal | $ | 10,000 | $ | 10,000 | 94477 | ||||
| TOTAL FSR Federal Special Revenue | 94478 | ||||||||||
| Fund Group | $ | 10,000 | $ | 10,000 | 94479 | ||||||
| State Special Revenue Fund Group | 94480 |
| 4N4 | 776-663 | Panhandle Lease Reserve Payments | $ | 764,400 | $ | 764,400 | 94481 | ||||
| 4N4 | 776-664 | Rail Transportation - Other | $ | 2,111,500 | $ | 2,111,500 | 94482 | ||||
| 5CF | 776-667 | Rail Transload Facilities | $ | 500,000 | $ | 0 | 94483 | ||||
| 5W9 | 777-615 | County Airport Maintenance Assistance | $ | 570,000 | $ | 570,000 | 94484 | ||||
| TOTAL SSR State Special Revenue | 94485 | ||||||||||
| Fund Group | $ | 3,945,900 | $ | 3,445,900 | 94486 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 26,133,985 | $ | 25,359,785 | 94487 | ||||||
| ELDERLY AND DISABLED FARE ASSISTANCE | 94488 |
| Of the foregoing appropriation item 775-451, Public | 94489 |
| Transportation - State, up to $6,000,000 in fiscal year 2006 and | 94490 |
| $7,000,000 in fiscal year 2007 may be used to make grants to | 94491 |
| county transit boards, regional transit authorities, regional | 94492 |
| transit commissions, counties, municipal corporations, and private | 94493 |
| nonprofit organizations that operate or will operate public | 94494 |
| transportation systems, for the purpose of reducing the transit | 94495 |
| fares of elderly or disabled persons. The Director of | 94496 |
| Transportation shall establish criteria for the distribution of | 94497 |
| these grants under division (B) of section 5501.07 of the Revised | 94498 |
| Code. | 94499 |
| AVIATION LEASE PAYMENTS | 94500 |
| The foregoing appropriation item 777-473, Rickenbacker Lease | 94501 |
| Payments - State, shall be used to meet scheduled payments for the | 94502 |
| Rickenbacker Port Authority. The Director of Transportation shall | 94503 |
| certify to the Director of Budget and Management any | 94504 |
| appropriations in appropriation item 777-473, Rickenbacker Lease | 94505 |
| Payments - State, that are not needed to make lease payments for | 94506 |
| the Rickenbacker Port Authority. Notwithstanding section 127.14 of | 94507 |
| the Revised Code, the amount certified may be transferred by the | 94508 |
| Director of Budget and Management to appropriation item 777-471, | 94509 |
| Airport Improvements - State. | 94510 |
| RAIL TRANSLOAD FACILITIES | 94511 |
| The foregoing appropriation item 776-667, Rail Transload | 94512 |
| Facilities, shall be used to fund the Rail Transload Initiative, a | 94513 |
| statewide pilot program administered by the Ohio Rail Development | 94514 |
| Commission, to provide grants to assist communities and railroads | 94515 |
| and other businesses to develop facilities that will enhance the | 94516 |
| ability of railroads to work with other transport modes to move | 94517 |
| bulk commodities more efficiently and safely. | 94518 |
| Section 212.15. TOS TREASURER OF STATE | 94519 |
| General Revenue Fund | 94520 |
| GRF | 090-321 | Operating Expenses | $ | 9,041,937 | $ | 9,041,937 | 94521 | ||||
| GRF | 090-401 | Office of the Sinking | $ | 521,576 | $ | 521,576 | 94522 | ||||
| Fund | 94523 | ||||||||||
| GRF | 090-402 | Continuing Education | $ | 435,770 | $ | 435,770 | 94524 | ||||
| GRF | 090-524 | Police and Fire | $ | 25,000 | $ | 20,000 | 94525 | ||||
| Disability Pension Fund | 94526 | ||||||||||
| GRF | 090-534 | Police & Fire Ad Hoc Cost | $ | 180,000 | $ | 150,000 | 94527 | ||||
| of Living | 94528 | ||||||||||
| GRF | 090-554 | Police and Fire Survivor | $ | 1,100,000 | $ | 1,000,000 | 94529 | ||||
| Benefits | 94530 | ||||||||||
| GRF | 090-575 | Police and Fire Death | $ | 20,000,000 | $ | 20,000,000 | 94531 | ||||
| Benefits | 94532 | ||||||||||
| TOTAL GRF General Revenue Fund | $ | 31,304,283 | $ | 31,169,283 | 94533 | ||||||
| General Services Fund Group | 94534 |
| 4E9 | 090-603 | Securities Lending Income | $ | 2,721,800 | $ | 2,814,000 | 94535 | ||||
| 577 | 090-605 | Investment Pool | $ | 550,000 | $ | 550,000 | 94536 | ||||
| Reimbursement | 94537 | ||||||||||
| 605 | 090-609 | Treasurer of State | $ | 700,000 | $ | 700,000 | 94538 | ||||
| Administrative Fund | 94539 | ||||||||||
| TOTAL GSF General Services | 94540 | ||||||||||
| Fund Group | $ | 3,971,800 | $ | 4,064,000 | 94541 | ||||||
| State Special Revenue Fund Group | 94542 |
| 5C5 | 090-602 | County Treasurer Education | $ | 135,000 | $ | 135,000 | 94543 | ||||
| TOTAL SSR State Special Revenue | 94544 | ||||||||||
| Fund Group | $ | 135,000 | $ | 135,000 | 94545 | ||||||
| Agency Fund Group | 94546 |
| 425 | 090-635 | Tax Refunds | $ | 31,000,000 | $ | 31,000,000 | 94547 | ||||
| TOTAL Agency Fund Group | $ | 31,000,000 | $ | 31,000,000 | 94548 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 66,411,083 | $ | 66,368,283 | 94549 | ||||||
| Section 212.15.03. OFFICE OF THE SINKING FUND | 94551 |
| The foregoing appropriation item 090-401, Office of the | 94552 |
| Sinking Fund, shall be used for financing and other costs incurred | 94553 |
| by or on behalf of the Commissioners of the Sinking Fund, the Ohio | 94554 |
| Public Facilities Commission or its secretary, or the Treasurer of | 94555 |
| State, with respect to State of Ohio general obligation bonds or | 94556 |
| notes, including, but not limited to, printing, advertising, | 94557 |
| delivery, rating fees and the procurement of ratings, professional | 94558 |
| publications, membership in professional organizations, and | 94559 |
| services referred to in division (D) of section 151.01 of the | 94560 |
| Revised Code. The General Revenue Fund shall be reimbursed for | 94561 |
| such costs by intrastate transfer voucher pursuant to a | 94562 |
| certification by the Office of the Sinking Fund of the actual | 94563 |
| amounts used. The amounts necessary to make such reimbursements | 94564 |
| are appropriated from the general obligation bond retirement funds | 94565 |
| created by the Constitution and laws to the extent such costs are | 94566 |
| incurred. | 94567 |
| POLICE AND FIRE DEATH BENEFIT FUND | 94568 |
| The foregoing appropriation item 090-575, Police and Fire | 94569 |
| Death Benefits, shall be disbursed annually by the Treasurer of | 94570 |
| State at the beginning of each fiscal year to the Board of | 94571 |
| Trustees of the Ohio Police and Fire Pension Fund. By the | 94572 |
| twentieth day of June of each fiscal year, the Board of Trustees | 94573 |
| of the Ohio Police and Fire Pension Fund shall certify to the | 94574 |
| Treasurer of State the amount disbursed in the current fiscal year | 94575 |
| to make the payments required by section 742.63 of the Revised | 94576 |
| Code and shall return to the Treasurer of State moneys received | 94577 |
| from this appropriation item but not disbursed. | 94578 |
| TAX REFUNDS | 94579 |
| The foregoing appropriation item 090-635, Tax Refunds, shall | 94580 |
| be used to pay refunds under section 5703.052 of the Revised Code. | 94581 |
| If the Director of Budget and Management determines that | 94582 |
| additional amounts are necessary for this purpose, such amounts | 94583 |
| are hereby appropriated. | 94584 |
| Section 212.18. UST PETROLEUM UNDERGROUND STORAGE TANK | 94585 |
| Agency Fund Group | 94586 |
| 691 | 810-632 | PUSTRCB Staff | $ | 1,075,158 | $ | 1,116,658 | 94587 | ||||
| TOTAL AGY Agency Fund Group | $ | 1,075,158 | $ | 1,116,658 | 94588 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,075,158 | $ | 1,116,658 | 94589 | ||||||
| Section 212.21. TTA OHIO TUITION TRUST AUTHORITY | 94591 |
| State Special Revenue Fund Group | 94592 |
| 5AM | 095-603 | Index Savings Plan | $ | 2,866,240 | $ | 3,104,865 | 94593 | ||||
| 5P3 | 095-602 | Variable College Savings Fund | $ | 2,042,486 | $ | 2,118,568 | 94594 | ||||
| 645 | 095-601 | Operating Expenses | $ | 807,260 | $ | 891,173 | 94595 | ||||
| TOTAL SSR State Special Revenue | 94596 | ||||||||||
| Fund Group | $ | 5,715,986 | $ | 6,114,606 | 94597 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 5,715,986 | $ | 6,114,606 | 94598 | ||||||
| Section 212.24. OVH OHIO VETERANS' HOME | 94600 |
| General Revenue Fund | 94601 |
| GRF | 430-100 | Personal Services | $ | 20,629,914 | $ | 21,030,031 | 94602 | ||||
| GRF | 430-200 | Maintenance | $ | 6,396,200 | $ | 6,396,200 | 94603 | ||||
| TOTAL GRF General Revenue Fund | $ | 27,026,114 | $ | 27,426,231 | 94604 | ||||||
| General Services Fund Group | 94605 |
| 484 | 430-603 | Rental and Service Revenue | $ | 882,737 | $ | 882,737 | 94606 | ||||
| TOTAL GSF General Services Fund Group | $ | 882,737 | $ | 882,737 | 94607 | ||||||
| Federal Special Revenue Fund Group | 94608 |
| 3L2 | 430-601 | Federal VA Per Diem Grant | $ | 14,990,510 | $ | 15,290,320 | 94609 | ||||
| TOTAL FED Federal Special Revenue | 94610 | ||||||||||
| Fund Group | $ | 14,990,510 | $ | 15,290,320 | 94611 | ||||||
| State Special Revenue Fund Group | 94612 |
| 4E2 | 430-602 | Veterans Home Operating | $ | 8,322,731 | $ | 8,530,800 | 94613 | ||||
| 604 | 430-604 | Veterans Home Improvement | $ | 770,096 | $ | 770,096 | 94614 | ||||
| TOTAL SSR State Special Revenue | 94615 | ||||||||||
| Fund Group | $ | 9,092,827 | $ | 9,300,896 | 94616 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 51,992,188 | $ | 52,900,184 | 94617 | ||||||
| Section 212.27. VET VETERANS' ORGANIZATIONS | 94619 |
| General Revenue Fund | 94620 |
| 94621 |
| GRF | 743-501 | State Support | $ | 25,030 | $ | 25,030 | 94622 |
| 94623 |
| GRF | 746-501 | State Support | $ | 55,012 | $ | 55,012 | 94624 |
| 94625 |
| GRF | 747-501 | State Support | $ | 49,453 | $ | 49,453 | 94626 |
| 94627 |
| GRF | 748-501 | State Support | $ | 29,715 | $ | 29,715 | 94628 |
| 94629 |
| GRF | 749-501 | State Support | $ | 57,990 | $ | 57,990 | 94630 |
| 94631 |
| GRF | 750-501 | State Support | $ | 56,377 | $ | 56,377 | 94632 |
| 94633 |
| GRF | 751-501 | State Support | $ | 185,954 | $ | 185,954 | 94634 |
| 94635 |
| GRF | 752-501 | State Support | $ | 252,328 | $ | 252,328 | 94636 |
| 94637 |
| GRF | 753-501 | State Support | $ | 237,919 | $ | 237,919 | 94638 |
| 94639 |
| GRF | 754-501 | State Support | $ | 166,308 | $ | 166,308 | 94640 |
| 94641 |
| GRF | 756-501 | State Support | $ | 85,972 | $ | 85,972 | 94642 |
| 94643 |
| GRF | 757-501 | State Support | $ | 5,946 | $ | 5,946 | 94644 |
| 94645 |
| GRF | 758-501 | State Support | $ | 196,615 | $ | 196,615 | 94646 |
| TOTAL GRF General Revenue Fund | $ | 1,404,619 | $ | 1,404,619 | 94647 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 1,404,619 | $ | 1,404,619 | 94648 | ||||||
| RELEASE OF FUNDS | 94649 |
| The foregoing appropriation items 743-501, 746-501, 747-501, | 94650 |
| 748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 754-501, | 94651 |
| 756-501, 757-501, and 758-501, State Support, shall be released | 94652 |
| upon approval by the Director of Budget and Management. | 94653 |
| CENTRAL OHIO UNITED SERVICES ORGANIZATION | 94654 |
| Of the foregoing appropriation item 751-501, State Support, | 94655 |
| Vietnam Veterans of America, $50,000 in each fiscal year shall be | 94656 |
| used to support the activities of the Central Ohio USO. | 94657 |
| VETERANS SERVICE COMMISSION EDUCATION | 94658 |
| Of the foregoing appropriation item 753-501, State Support, | 94659 |
| AMVETS, up to $20,000 in each fiscal year may be used to provide | 94660 |
| moneys to the Association of County Veterans Service Commissioners | 94661 |
| to reimburse its member county veterans service commissions for | 94662 |
| costs incurred in carrying out educational and outreach duties | 94663 |
| required under divisions (E) and (F) of section 5901.03 of the | 94664 |
| Revised Code. The Director of Budget and Management shall release | 94665 |
| these funds upon the presentation of an itemized receipt, approved | 94666 |
| by the Governor's Office of Veterans Affairs, from the association | 94667 |
| for reasonable and appropriate expenses incurred while performing | 94668 |
| these duties. The association shall establish uniform procedures | 94669 |
| for reimbursing member commissions. | 94670 |
| Section 212.30. DVM STATE VETERINARY MEDICAL BOARD | 94671 |
| General Services Fund Group | 94672 |
| 4K9 | 888-609 | Operating Expenses | $ | 353,691 | $ | 0 | 94673 | ||||
| TOTAL GSF General Services | 94674 | ||||||||||
| Fund Group | $ | 353,691 | $ | 0 | 94675 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 353,691 | $ | 0 | 94676 | ||||||
| Section 212.33. DYS DEPARTMENT OF YOUTH SERVICES | 94678 |
| General Revenue Fund | 94679 |
| GRF | 470-401 | RECLAIM Ohio | $ | 177,016,683 | $ | 182,084,588 | 94680 | ||||
| GRF | 470-412 | Lease Rental Payments | $ | 20,267,500 | $ | 21,882,700 | 94681 | ||||
| GRF | 470-510 | Youth Services | $ | 18,608,587 | $ | 18,608,587 | 94682 | ||||
| GRF | 472-321 | Parole Operations | $ | 14,358,995 | $ | 14,962,871 | 94683 | ||||
| GRF | 477-321 | Administrative Operations | $ | 14,239,494 | $ | 14,754,420 | 94684 | ||||
| TOTAL GRF General Revenue Fund | $ | 244,491,259 | $ | 252,293,166 | 94685 | ||||||
| General Services Fund Group | 94686 |
| 175 | 470-613 | Education Reimbursement | $ | 10,112,529 | $ | 9,450,598 | 94687 | ||||
| 4A2 | 470-602 | Child Support | $ | 320,641 | $ | 328,657 | 94688 | ||||
| 4G6 | 470-605 | General Operational Funds | $ | 10,000 | $ | 10,000 | 94689 | ||||
| 479 | 470-609 | Employee Food Service | $ | 141,466 | $ | 137,666 | 94690 | ||||
| 523 | 470-621 | Wellness Program | $ | 46,937 | $ | 0 | 94691 | ||||
| 6A5 | 470-616 | Building Demolition | $ | 31,100 | $ | 0 | 94692 | ||||
| TOTAL GSF General Services | 94693 | ||||||||||
| Fund Group | $ | 10,662,673 | $ | 9,926,921 | 94694 | ||||||
| Federal Special Revenue Fund Group | 94695 |
| 3V5 | 470-604 | Juvenile Justice/Delinquency Prevention | $ | 4,254,745 | $ | 4,254,746 | 94696 | ||||
| 3W0 | 470-611 | Federal Juvenile Programs FFY 02 | $ | 222,507 | $ | 0 | 94697 | ||||
| 3Z8 | 470-625 | Federal Juvenile Programs FFY 04 | $ | 1,500,001 | $ | 773,812 | 94698 | ||||
| 3Z9 | 470-626 | Federal Juvenile Programs FFY 05 | $ | 465,000 | $ | 0 | 94699 | ||||
| 321 | 470-601 | Education | $ | 1,422,580 | $ | 1,465,399 | 94700 | ||||
| 321 | 470-603 | Juvenile Justice Prevention | $ | 1,981,169 | $ | 2,006,505 | 94701 | ||||
| 321 | 470-606 | Nutrition | $ | 2,471,550 | $ | 2,470,655 | 94702 | ||||
| 321 | 470-614 | Title IV-E Reimbursements | $ | 4,960,589 | $ | 6,012,361 | 94703 | ||||
| 321 | 470-617 | Americorps Programs | $ | 456,000 | $ | 463,700 | 94704 | ||||
| TOTAL FED Federal Special Revenue | 94705 | ||||||||||
| Fund Group | $ | 17,734,141 | $ | 17,447,178 | 94706 | ||||||
| State Special Revenue Fund Group | 94707 |
| 147 | 470-612 | Vocational Education | $ | 1,937,784 | $ | 2,009,866 | 94708 | ||||
| 4W3 | 470-618 | Help Me Grow | $ | 11,000 | $ | 11,000 | 94709 | ||||
| 5BH | 470-628 | Partnerships for Success | $ | 1,500,000 | $ | 1,500,000 | 94710 | ||||
| TOTAL SSR State Special Revenue | 94711 | ||||||||||
| Fund Group | $ | 3,448,784 | $ | 3,520,866 | 94712 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 276,336,857 | $ | 283,188,131 | 94713 | ||||||
| RECLAIM OHIO | 94714 |
| Of the foregoing appropriation item 470-401, RECLAIM Ohio, | 94715 |
| $25,000 in each fiscal year shall be distributed directly to the | 94716 |
| Lighthouse Youth Services Wrap-Around Program. | 94717 |
| OHIO BUILDING AUTHORITY LEASE PAYMENTS | 94718 |
| The foregoing appropriation item 470-412, Lease Rental | 94719 |
| Payments, in the Department of Youth Services, shall be used for | 94720 |
| payments to the Ohio Building Authority for the period from July | 94721 |
| 1, 2005, to June 30, 2007, under the primary leases and agreements | 94722 |
| for facilities made under Chapter 152. of the Revised Code, but | 94723 |
| limited to the aggregate amount of $42,150,200. This appropriation | 94724 |
| is the source of funds pledged for bond service charges on related | 94725 |
| obligations issued pursuant to Chapter 152. of the Revised Code. | 94726 |
| EDUCATION REIMBURSEMENT | 94727 |
| The foregoing appropriation item 470-613, Education | 94728 |
| Reimbursement, shall be used to fund the operating expenses of | 94729 |
| providing educational services to youth supervised by the | 94730 |
| Department of Youth Services. Operating expenses include, but are | 94731 |
| not limited to, teachers' salaries, maintenance costs, and | 94732 |
| educational equipment. This appropriation item may be used for | 94733 |
| capital expenses related to the education program. | 94734 |
| EMPLOYEE FOOD SERVICE AND EQUIPMENT | 94735 |
| Notwithstanding section 125.14 of the Revised Code, the | 94736 |
| foregoing appropriation item 470-609, Employee Food Service, may | 94737 |
| be used to purchase any food operational items with funds received | 94738 |
| into the fund from reimbursement for state surplus property. | 94739 |
| PARTNERSHIPS FOR SUCCESS | 94740 |
| In fiscal year 2006, the foregoing appropriation item | 94741 |
| 470-628, Partnerships for Success, shall be used to support the | 94742 |
| Partnerships for Success Project. On or before January 1, 2007, | 94743 |
| the Director of Budget and Management shall transfer any amount of | 94744 |
| cash that remains unspent in the Partnerships for Success Fund | 94745 |
| (Fund 5BH) to the Children's Trust Fund (Fund 198). | 94746 |
| FEDERAL JUVENILE JUSTICE PROGRAM TRANSFER FROM THE OFFICE OF | 94747 |
| CRIMINAL JUSTICE SERVICES TO THE DEPARTMENT OF YOUTH SERVICES | 94748 |
| Any business relating to the funds associated with the Office | 94749 |
| of Criminal Justice Services' appropriation item 196-602, Criminal | 94750 |
| Justice Federal Programs, commenced but not completed by the | 94751 |
| Office of Criminal Justice Services or its director shall be | 94752 |
| completed by the Department of Youth Services or its director in | 94753 |
| the same manner, and with the same effect, as if completed by the | 94754 |
| Office of Criminal Justice Services or its director. No | 94755 |
| validation, cure, right, privilege, remedy, obligation, or | 94756 |
| liability is lost or impaired by reason of the transfer and shall | 94757 |
| be administered by the Department of Youth Services. | 94758 |
| Any action or proceeding against the Office of Criminal | 94759 |
| Justice Services pending on the effective date of this section | 94760 |
| shall not be affected by the transfer of responsibility to the | 94761 |
| Department of Youth Services, and shall be prosecuted or defended | 94762 |
| in the name of the Department of Youth Services or its director. | 94763 |
| In all such actions and proceedings, the Department of Youth | 94764 |
| Services or its director upon application of the court shall be | 94765 |
| substituted as party. | 94766 |
| Section 303.03. EXPENDITURES AND APPROPRIATION INCREASES | 94767 |
| APPROVED BY THE CONTROLLING BOARD | 94768 |
| Any money that the Controlling Board approves for expenditure | 94769 |
| or any increase in appropriation authority that the Controlling | 94770 |
| Board approves under sections 127.14, 131.35, and 131.39 of the | 94771 |
| Revised Code or any other provision of law is hereby appropriated | 94772 |
| for the period ending June 30, 2007. | 94773 |
| Section 303.06. PERSONAL SERVICE EXPENSES | 94774 |
| Unless otherwise prohibited by law, any appropriation from | 94775 |
| which personal service expenses are paid shall bear the employer's | 94776 |
| share of public employees' retirement, workers' compensation, | 94777 |
| disabled workers' relief, and all group insurance programs; the | 94778 |
| costs of centralized accounting, centralized payroll processing, | 94779 |
| and related personnel reports and services; the cost of the Office | 94780 |
| of Collective Bargaining; the cost of the Personnel Board of | 94781 |
| Review; the cost of the Employee Assistance Program; the cost of | 94782 |
| the affirmative action and equal employment opportunity programs | 94783 |
| administered by the Department of Administrative Services; the | 94784 |
| costs of interagency information management infrastructure; and | 94785 |
| the cost of administering the state employee merit system as | 94786 |
| required by section 124.07 of the Revised Code. These costs shall | 94787 |
| be determined in conformity with the appropriate sections of law | 94788 |
| and paid in accordance with procedures specified by the Office of | 94789 |
| Budget and Management. Expenditures from appropriation item | 94790 |
| 070-601, Public Audit Expense - Local Government, in Fund 422 may | 94791 |
| be exempted from the requirements of this section. | 94792 |
| Section 303.09. RE-ISSUANCE OF VOIDED WARRANTS | 94793 |
| In order to provide funds for the reissuance of voided | 94794 |
| warrants under section 117.47 of the Revised Code, there is hereby | 94795 |
| appropriated, out of moneys in the state treasury from the fund | 94796 |
| credited as provided in section 117.47 of the Revised Code, that | 94797 |
| amount sufficient to pay such warrants when approved by the Office | 94798 |
| of Budget and Management. | 94799 |
| Section 303.12. SATISFACTION OF JUDGMENTS AND SETTLEMENTS | 94800 |
| AGAINST THE STATE | 94801 |
| Except as otherwise provided in this section, an | 94802 |
| appropriation in this act or any other act may be used for the | 94803 |
| purpose of satisfying judgments, settlements, or administrative | 94804 |
| awards ordered or approved by the Court of Claims or by any other | 94805 |
| court of competent jurisdiction in connection with civil actions | 94806 |
| against the state. This authorization does not apply to | 94807 |
| appropriations to be applied to or used for payment of guarantees | 94808 |
| by or on behalf of the state, or for payments under lease | 94809 |
| agreements relating to, or debt service on, bonds, notes, or other | 94810 |
| obligations of the state. Notwithstanding any other statute to the | 94811 |
| contrary, this authorization includes appropriations from funds | 94812 |
| into which proceeds of direct obligations of the state are | 94813 |
| deposited only to the extent that the judgment, settlement, or | 94814 |
| administrative award is for, or represents, capital costs for | 94815 |
| which the appropriation may otherwise be used and is consistent | 94816 |
| with the purpose for which any related obligations were issued or | 94817 |
| entered into. Nothing contained in this section is intended to | 94818 |
| subject the state to suit in any forum in which it is not | 94819 |
| otherwise subject to suit, and is not intended to waive or | 94820 |
| compromise any defense or right available to the state in any suit | 94821 |
| against it. | 94822 |
| Section 303.13. CAPITAL PROJECT SETTLEMENTS | 94823 |
| This section specifies an additional and supplemental | 94824 |
| procedure to provide for payments of judgments and settlements if | 94825 |
| the Director of Budget and Management determines, pursuant to | 94826 |
| division (C)(4) of section 2743.19 of the Revised Code, that | 94827 |
| sufficient unencumbered moneys do not exist in the particular | 94828 |
| appropriation to pay the amount of a final judgment rendered | 94829 |
| against the state or a state agency, including the settlement of a | 94830 |
| claim approved by a court, in an action upon and arising out of a | 94831 |
| contractual obligation for the construction or improvement of a | 94832 |
| capital facility if the costs under the contract were payable in | 94833 |
| whole or in part from a state capital projects appropriation. In | 94834 |
| such a case, the director may either proceed pursuant to division | 94835 |
| (C)(4) of section 2743.19 of the Revised Code or apply to the | 94836 |
| Controlling Board to increase an appropriation or create an | 94837 |
| appropriation out of any unencumbered moneys in the state treasury | 94838 |
| to the credit of the capital projects fund from which the initial | 94839 |
| state appropriation was made. The Controlling Board may approve or | 94840 |
| disapprove the application as submitted or modified. The amount of | 94841 |
| an increase in appropriation or new appropriation specified in an | 94842 |
| application approved by the Controlling Board is hereby | 94843 |
| appropriated from the applicable capital projects fund and made | 94844 |
| available for the payment of the judgment or settlement. | 94845 |
| If the director does not make the application authorized by | 94846 |
| this section or the Controlling Board disapproves the application, | 94847 |
| and the director does not make application under division (C)(4) | 94848 |
| of section 2743.19 of the Revised Code, the director shall for the | 94849 |
| purpose of making that payment make a request to the General | 94850 |
| Assembly as provided for in division (C)(5) of that section. | 94851 |
| Section 303.18. INCOME TAX DISTRIBUTION TO COUNTIES | 94852 |
| There are hereby appropriated out of any moneys in the state | 94853 |
| treasury to the credit of the General Revenue Fund, which are not | 94854 |
| otherwise appropriated, funds sufficient to make any payment | 94855 |
| required by division (B)(2) of section 5747.03 of the Revised | 94856 |
| Code. | 94857 |
| Section 303.21. REAPPROPRIATION OF UNEXPENDED ENCUMBERED | 94858 |
| BALANCES OF OPERATING APPROPRIATIONS | 94859 |
| An unexpended balance of an operating appropriation or | 94860 |
| reappropriation that a state agency lawfully encumbered prior to | 94861 |
| the close of a fiscal year is reappropriated on the first day of | 94862 |
| July of the following fiscal year from the fund from which it was | 94863 |
| originally appropriated or reappropriated for the following period | 94864 |
| and shall remain available only for the purpose of discharging the | 94865 |
| encumbrance: | 94866 |
| (A) For an encumbrance for personal services, maintenance, | 94867 |
| equipment, or items for resale, other than an encumbrance for an | 94868 |
| item of special order manufacture not available on term contract | 94869 |
| or in the open market or for reclamation of land or oil and gas | 94870 |
| wells for a period of not more than five months from the end of | 94871 |
| the fiscal year; | 94872 |
| (B) For an encumbrance for an item of special order | 94873 |
| manufacture not available on term contract or in the open market, | 94874 |
| for a period of not more than five months from the end of the | 94875 |
| fiscal year or, with the written approval of the Director of | 94876 |
| Budget and Management, for a period of not more than twelve months | 94877 |
| from the end of the fiscal year; | 94878 |
| (C) For an encumbrance for reclamation of land or oil and gas | 94879 |
| wells, for a period ending when the encumbered appropriation is | 94880 |
| expended or for a period of two years, whichever is less; | 94881 |
| (D) For an encumbrance for any other expense, for such period | 94882 |
| as the director approves, provided such period does not exceed two | 94883 |
| years. | 94884 |
| Any operating appropriations for which unexpended balances | 94885 |
| are reappropriated beyond a five-month period from the end of the | 94886 |
| fiscal year by division (B) of this section shall be reported to | 94887 |
| the Controlling Board by the Director of Budget and Management by | 94888 |
| the thirty-first day of December of each year. The report on each | 94889 |
| such item shall include the item, the cost of the item, and the | 94890 |
| name of the vendor. The report shall be updated on a quarterly | 94891 |
| basis for encumbrances remaining open. | 94892 |
| Upon the expiration of the reappropriation period set out in | 94893 |
| divisions (A), (B), (C), or (D) of this section, a reappropriation | 94894 |
| made by this section lapses, and the Director of Budget and | 94895 |
| Management shall cancel the encumbrance of the unexpended | 94896 |
| reappropriation not later than the end of the weekend following | 94897 |
| the expiration of the reappropriation period. | 94898 |
| Notwithstanding the preceding paragraph, with the approval of | 94899 |
| the Director of Budget and Management, an unexpended balance of an | 94900 |
| encumbrance that was reappropriated on the first day of July by | 94901 |
| this section for a period specified in division (C) or (D) of this | 94902 |
| section and that remains encumbered at the close of the fiscal | 94903 |
| biennium is hereby reappropriated on the first day of July of the | 94904 |
| following fiscal biennium from the fund from which it was | 94905 |
| originally appropriated or reappropriated for the applicable | 94906 |
| period specified in division (C) or (D) of this section and shall | 94907 |
| remain available only for the purpose of discharging the | 94908 |
| encumbrance. | 94909 |
| The Director of Budget and Management may correct accounting | 94910 |
| errors committed by the staff of the Office of Budget and | 94911 |
| Management, such as re-establishing encumbrances or appropriations | 94912 |
| cancelled in error, during the cancellation of operating | 94913 |
| encumbrances in November and of non-operating encumbrances in | 94914 |
| December. | 94915 |
| If the Controlling Board approved a purchase, that approval | 94916 |
| remains in effect so long as the appropriation used to make that | 94917 |
| purchase remains encumbered. | 94918 |
| Section 306.03. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS | 94919 |
| The maximum amounts that may be assessed against nuclear | 94920 |
| electric utilities under division (B)(2) of section 4937.05 of the | 94921 |
| Revised Code are as follows: | 94922 |
| FY 2006 | FY 2007 | 94923 | |||||
| Department of Agriculture | 94924 | ||||||
| Fund 4E4 Utility Radiological Safety | $73,059 | $73,059 | 94925 | ||||
| Department of Health | 94926 | ||||||
| Fund 610 Radiation Emergency Response | $850,000 | $850,000 | 94927 | ||||
| Environmental Protection Agency | 94928 | ||||||
| Fund 644 ER Radiological Safety | $286,114 | $286,114 | 94929 | ||||
| Emergency Management Agency | 94930 | ||||||
| Fund 657 Utility Radiological Safety | $1,260,000 | $1,260,000 | 94931 | ||||
| Section 312.01. TRANSFERS OF FISCAL YEAR 2005 GENERAL REVENUE | 94932 |
| FUND ENDING BALANCES | 94933 |
| Notwithstanding divisions (B)(1)(b), (B)(2), and (C) of | 94934 |
| section 131.44 of the Revised Code, fiscal year 2005 surplus | 94935 |
| revenue shall be distributed as follows: | 94936 |
| (A) The first $60,000,000 of such surplus revenue shall be | 94937 |
| transferred to Fund 5AX, Public Assistance Reconciliation Fund, to | 94938 |
| pay a portion of the remaining state TANF liability to the federal | 94939 |
| government. | 94940 |
| (B) The next $40,000,000 of such surplus revenue shall be | 94941 |
| transferred to the Disaster Services Fund (5E2), which is hereby | 94942 |
| created in the state treasury. | 94943 |
| (C) The next $100,000,000 of such surplus revenue shall be | 94944 |
| transferred to the Budget Stabilization Fund. | 94945 |
| (D) The next $100,000,000 of such surplus revenue shall be | 94946 |
| transferred to Fund 021, the Public School Building Fund. | 94947 |
| (E) Any surplus revenue in excess of the amounts distributed | 94948 |
| under divisions (A) to (D) of this section shall be transferred to | 94949 |
| the Budget Stabilization Fund. | 94950 |
| Section 312.03. TRANSFERS TO THE GENERAL REVENUE FUND FROM | 94951 |
| NON-FEDERAL NON-GRF FUNDS | 94952 |
| Notwithstanding any other provision of law to the contrary, | 94953 |
| during fiscal years 2006 and 2007, the Director of Budget and | 94954 |
| Management is hereby authorized to transfer cash from non-federal, | 94955 |
| non-General Revenue Fund funds that are not constitutionally | 94956 |
| restricted to the General Revenue Fund. The total amount of cash | 94957 |
| transfers made pursuant to this section to the General Revenue | 94958 |
| Fund during fiscal years 2006 and 2007 shall not exceed | 94959 |
| $60,000,000. | 94960 |
| Section 312.06. TRANSFERS TO THE GENERAL REVENUE FUND OF | 94961 |
| INTEREST EARNED | 94962 |
| Notwithstanding any provision of Ohio law to the contrary, | 94963 |
| the Director of Budget and Management, through June 30, 2007, may | 94964 |
| transfer interest earned by any fund in the Central Accounting | 94965 |
| System to the General Revenue Fund. This section does not apply to | 94966 |
| funds whose source of revenue is restricted or protected by the | 94967 |
| Constitution of this state, federal tax law, or the "Cash | 94968 |
| Management Improvement Act of 1990" 104 Stat. 1058 (1990), 31 | 94969 |
| U.S.C. 6501, et. seq., as amended. | 94970 |
| Section 312.09. BUDGET STABILIZATION FUND TRANSFERS | 94971 |
| (A) Notwithstanding any provision of law to the contrary, | 94972 |
| through June 30, 2007, if the Director of Budget and Management | 94973 |
| determines that the estimated ending fund balance of the General | 94974 |
| Revenue Fund will be greater than the amounts assumed in this act | 94975 |
| for either fiscal year 2006 or 2007, the Director may transfer up | 94976 |
| to the excess balance to the Budget Stabilization Fund. This | 94977 |
| division does not apply to division (A) of Section 206.66.21, TANF | 94978 |
| TRANSFERS, of this act. | 94979 |
| (B) Notwithstanding any provision of law to the contrary, | 94980 |
| through June 30, 2007, if the Director of Budget and Management | 94981 |
| determines that state revenue receipts and available fund balances | 94982 |
| in any fund other than the General Revenue Fund exceed estimated | 94983 |
| state expenditures, the Director may transfer up to the excess | 94984 |
| revenue to the Budget Stabilization Fund. This division does not | 94985 |
| apply to revenue restricted or protected by the Ohio Constitution, | 94986 |
| federal tax law or grant requirements, or the "Cash Management | 94987 |
| Improvement Act of 1990," 104 Stat. 1058 (1990), 31 U.S.C. 6501, | 94988 |
| et seq., as amended. | 94989 |
| (C) In executing division (A) of this section and division | 94990 |
| (A) of Section 206.66.21, TANF TRANSFERS, it is intended that | 94991 |
| these divisions be applied and construed so that both of the | 94992 |
| transfers authorized under these divisions may be made through | 94993 |
| June 30, 2007. | 94994 |
| (D) After making the transfers described in divisions (A) and | 94995 |
| (B) of this section, the Director of Budget and Management shall | 94996 |
| submit a report to the President of the Senate and the Speaker of | 94997 |
| the House of Representatives. | 94998 |
| Section 312.10. TAX REFORM SYSTEM IMPLEMENTATION FUND | 94999 |
| TRANSFERS TO TAX AMNESTY PROGRAM | 95000 |
| Notwithstanding any provision of law to the contrary, prior | 95001 |
| to June 30, 2006, the Director of Budget and Management shall | 95002 |
| transfer $2,000,000 in cash from the Tax Reform System | 95003 |
| Implementation Fund (Fund 228) to the Tax Amnesty Promotion and | 95004 |
| Administration Fund (Fund 5BW), which is hereby created in the | 95005 |
| State Treasury. The funds shall be used to pay expenses incurred | 95006 |
| in promoting and administering the tax amnesty program run by the | 95007 |
| Department of Taxation. | 95008 |
| After receiving the revenue receipts from the tax amnesty | 95009 |
| program, the Director of Budget and Management shall transfer the | 95010 |
| first $2,000,000 to the Tax Reform System Implementation Fund, the | 95011 |
| next $10,000,000 to the General Revenue Fund, and the remaining | 95012 |
| excess fund balance to the Budget Stabilization Fund. | 95013 |
| Section 312.12. GRF TRANSFER TO FUND 5N4, OAKS PROJECT | 95014 |
| IMPLEMENTATION | 95015 |
| On July 1, 2005, or as soon thereafter as possible, the | 95016 |
| Director of Budget and Management shall transfer an amount not to | 95017 |
| exceed $675,000 in cash from the General Revenue Fund to Fund 5N4, | 95018 |
| OAKS Project Implementation. On July 1, 2006, or as soon | 95019 |
| thereafter as possible, the Director of Budget and Management | 95020 |
| shall transfer an amount not to exceed $675,000 in cash from the | 95021 |
| General Revenue Fund to Fund 5N4, OAKS Project Implementation. | 95022 |
| Section 312.15. CORPORATE AND UCC FILING FUND TRANSFER TO GRF | 95023 |
| Not later than the first day of June in each year of the | 95024 |
| biennium, the Director of Budget and Management shall transfer | 95025 |
| $1,000,000 from the Corporate and Uniform Commercial Code Filing | 95026 |
| Fund to the General Revenue Fund. | 95027 |
| Section 312.18. GRF TRANSFER TO THE NATIONAL GUARD | 95028 |
| SCHOLARSHIP RESERVE FUND | 95029 |
| On July 1, 2005, or as soon as possible thereafter, the | 95030 |
| Director of Budget and Management shall transfer up to $592,000 | 95031 |
| cash from the General Revenue Fund to the National Guard | 95032 |
| Scholarship Reserve Fund (Fund 5BM). | 95033 |
| Section 312.21. APPROPRIATIONS RELATED TO CASH TRANSFERS AND | 95034 |
| RE-ESTABLISHMENT OF ENCUMBRANCES | 95035 |
| Any cash transferred by the Director of Budget and Management | 95036 |
| under section 126.15 of the Revised Code is hereby appropriated. | 95037 |
| Any amounts necessary to re-establish appropriations or | 95038 |
| encumbrances under section 126.15 of the Revised Code are hereby | 95039 |
| appropriated. | 95040 |
| Section 312.22. The Highway Safety Building Fund (Fund 025), | 95041 |
| created in section 4501.07 of the Revised Code, is the same fund | 95042 |
| as the one referred to in Section 15.01 of Am. Sub. H.B. 16 of the | 95043 |
| 126th General Assembly. | 95044 |
| Section 312.24. TRANSFERS FROM THE TOBACCO MASTER SETTLEMENT | 95045 |
| AGREEMENT FUND | 95046 |
| (A) Notwithstanding section 183.02 of the Revised Code, on | 95047 |
| July 1, 2005, or as soon as possible thereafter, the Director of | 95048 |
| Budget and Management shall transfer from the Tobacco Master | 95049 |
| Settlement Agreement Fund (Fund 087) $5,000,000 cash to the | 95050 |
| General Revenue Fund, up to $5,000,000 cash to the Healthy Ohioans | 95051 |
| Initiative Fund (Fund 5BL in the Department of Health), $6,000,000 | 95052 |
| cash to the Children's Hospitals Fund (Fund 5CR in the Department | 95053 |
| of Job and Family Services), and $4,000,000 cash to the Adult | 95054 |
| Emergency Assistance Fund (Fund 5CS in the Department of Mental | 95055 |
| Health). Of the tobacco revenue that is credited to the Tobacco | 95056 |
| Master Settlement Agreement Fund (Fund 087) in fiscal year 2005, | 95057 |
| the share that is determined pursuant to section 183.02 of the | 95058 |
| Revised Code to be the amount transferred by the Director of | 95059 |
| Budget and Management from the Tobacco Master Settlement Agreement | 95060 |
| Fund (Fund 087) to the Tobacco Use Prevention and Cessation Trust | 95061 |
| Fund (Fund H87) shall be reduced by the amount that is transferred | 95062 |
| from the Tobacco Master Settlement Agreement Fund (Fund 087) to | 95063 |
| various funds pursuant to this division. | 95064 |
| (B) Notwithstanding section 183.02 of the Revised Code, on | 95065 |
| July 1, 2006, or as soon as possible thereafter, the Director of | 95066 |
| Budget and Management shall transfer from the Tobacco Master | 95067 |
| Settlement Agreement Fund (Fund 087) $6,000,000 cash to the | 95068 |
| Children's Hospitals Fund (Fund 5CR in the Department of Job and | 95069 |
| Family Services) and $4,000,000 cash to the Adult Emergency | 95070 |
| Assistance Fund (Fund 5CS in the Department of Mental Health). Of | 95071 |
| the tobacco revenue that is credited to the Tobacco Master | 95072 |
| Settlement Agreement Fund (Fund 087) in fiscal year 2006, the | 95073 |
| share that is determined pursuant to section 183.02 of the Revised | 95074 |
| Code to be the amount transferred by the Director of Budget and | 95075 |
| Management from the Tobacco Master Settlement Agreement Fund (Fund | 95076 |
| 087) to the Tobacco Use Prevention and Cessation Trust Fund (Fund | 95077 |
| H87) shall be reduced by the amount that is transferred from the | 95078 |
| Tobacco Master Settlement Agreement Fund (Fund 087) to the various | 95079 |
| funds pursuant to this division. | 95080 |
| (C) Notwithstanding section 183.02 of the Revised Code, on | 95081 |
| July 1, 2006, or as soon as possible thereafter, the Director of | 95082 |
| Budget and Management shall transfer $800,000 cash from the | 95083 |
| Tobacco Master Settlement Agreement Fund (Fund 087) to the General | 95084 |
| Revenue Fund. Of the tobacco revenue that is credited to the | 95085 |
| Tobacco Master Settlement Agreement Fund (Fund 087) in fiscal year | 95086 |
| 2006, the share that is determined pursuant to section 183.02 of | 95087 |
| the Revised Code to be the amount transferred by the Director of | 95088 |
| Budget and Management from the Tobacco Master Settlement Agreement | 95089 |
| Fund (Fund 087) to the Ohio's Public Health Priorities Trust Fund | 95090 |
| (Fund L87) shall be reduced by the amount that is transferred from | 95091 |
| the Tobacco Master Settlement Agreement Fund (Fund 087) to the | 95092 |
| General Revenue Fund under this division. | 95093 |
| Section 315.03. CONSOLIDATION OF REGULATORY BOARDS | 95094 |
| (A) It is the intent of the General Assembly to consolidate | 95095 |
| the following health-related regulatory boards within the | 95096 |
| Department of Health not later than July 1, 2006: | 95097 |
| (1) The Chemical Dependency Professionals Board; | 95098 |
| (2) The Board of Chiropractic Examiners; | 95099 |
| (3) The Counselor, Social Worker, and Marriage and Family | 95100 |
| Therapist Board; | 95101 |
| (4) The Ohio Board of Dietetics; | 95102 |
| (5) The Ohio Occupational Therapy, Physical Therapy, and | 95103 |
| Athletic Trainers Board; | 95104 |
| (6) The Ohio Optical Dispensers Board; | 95105 |
| (7) The State Board of Optometry; | 95106 |
| (8) The State Board of Orthotics, Prosthetics, and | 95107 |
| Pedorthics; | 95108 |
| (9) The State Board of Psychology; | 95109 |
| (10) The Ohio Respiratory Care Board; | 95110 |
| (11) The Board of Speech-Language Pathology and Audiology; | 95111 |
| (12) The State Veterinary Medical Licensing Board. | 95112 |
| (B) It is the intent of the General Assembly to consolidate | 95113 |
| the following regulatory boards and commissions within the | 95114 |
| Department of Commerce not later than July 1, 2006: | 95115 |
| (1) The Ohio Athletic Commission; | 95116 |
| (2) The Barber Board; | 95117 |
| (3) The State Board of Cosmetology; | 95118 |
| (4) The Board of Embalmers and Funeral Directors; | 95119 |
| (5) The Manufactured Homes Commission; | 95120 |
| (6) The Board of Motor Vehicle Collision Repair Registration; | 95121 |
| (7) The State Board of Sanitarian Registration. | 95122 |
| (C) It is the intent of the General Assembly to consolidate | 95123 |
| the Ohio Medical Transportation Board within the Department of | 95124 |
| Public Safety not later than July 1, 2006. | 95125 |
| (D) The Director of Budget and Management and the Directors | 95126 |
| of Administrative Services, Commerce, Health, and Public Safety | 95127 |
| shall appoint representatives to a transition team. In addition, | 95128 |
| the transition team shall include a total of three members | 95129 |
| representing the affected regulatory boards, to be selected by the | 95130 |
| executive directors of those boards. | 95131 |
| The transition team shall develop a plan to ensure the smooth | 95132 |
| and timely consolidation of the boards into the respective | 95133 |
| departments. The transition team shall address the details of the | 95134 |
| consolidations, identifying necessary statutory changes and | 95135 |
| working with the Office of Budget and Management to develop | 95136 |
| budgets for the respective departments and the consolidated boards | 95137 |
| and commissions. The transition team may recommend additional | 95138 |
| regulatory boards or commissions to be consolidated and may | 95139 |
| recommend modifications to the planned consolidations. | 95140 |
| The transition team shall submit a report containing | 95141 |
| recommendations and the details for the consolidations not later | 95142 |
| than December 31, 2005, to the Governor, the Speaker of the House | 95143 |
| of Representatives, and the President of the Senate. The report | 95144 |
| and recommendations shall address the following issues, and may | 95145 |
| address additional issues: | 95146 |
| (1) The necessary levels of funding; | 95147 |
| (2) The savings projected as a result of the consolidations; | 95148 |
| (3) The consolidation of activities between each board or | 95149 |
| commission and the department providing centralized services, | 95150 |
| including the role of the members of the board or commission and | 95151 |
| the role of the department; | 95152 |
| (4) The staffing levels needed, whether employees must be | 95153 |
| retained, and whether any employees retained have civil service | 95154 |
| status; | 95155 |
| (5) The continuation of the standards and procedures of the | 95156 |
| board or commission; | 95157 |
| (6) The continuation of rules and whether any rules need to | 95158 |
| be amended as a result of the consolidations; | 95159 |
| (7) The transfer of assets, liabilities, and contractual | 95160 |
| obligations; | 95161 |
| (8) The transfer of records and other materials pertaining to | 95162 |
| the board or commission. | 95163 |
| (E) It is the intent of the General Assembly to introduce a | 95164 |
| bill in fiscal year 2006 that will include the necessary statutory | 95165 |
| changes to effect the consolidations and that will include revised | 95166 |
| appropriations for the departments and the consolidated boards and | 95167 |
| commissions for fiscal year 2007. | 95168 |
| Section 315.06. CAREER-TECHNICAL SCHOOL BUILDING ASSISTANCE | 95169 |
| PROGRAM | 95170 |
| All materials, assets, liabilities, and records of the | 95171 |
| Department of Education, irrespective of form or medium, deemed | 95172 |
| necessary by the Ohio School Facilities Commission to implement | 95173 |
| sections 3318.47, 3318.48, and 3318.49 of the Revised Code shall | 95174 |
| be transferred to the Commission not later than one hundred twenty | 95175 |
| days after the effective date of this section, in accordance with | 95176 |
| a transition plan which shall be developed and approved by the | 95177 |
| Commission in consultation with the Department. | 95178 |
| All current and pending loans and appropriations, | 95179 |
| encumbrances, and funds related to the Career-Technical School | 95180 |
| Building Assistance Fund (Fund 020), deemed necessary by the | 95181 |
| Commission to implement section 3318.48 of the Revised Code, shall | 95182 |
| be transferred to the Commission not later than one hundred twenty | 95183 |
| days after the effective date of this section in accordance with | 95184 |
| the transition plan. | 95185 |
| Any business commenced but not completed by the Department on | 95186 |
| the effective date of this section relating to the implementation | 95187 |
| of section 3318.48 of the Revised Code and the functions | 95188 |
| transferred by this section shall continue to be administered by | 95189 |
| the Department for a period of one hundred twenty days after the | 95190 |
| effective date of this section or until the transition plan | 95191 |
| described in this section is approved by the Commission, whichever | 95192 |
| occurs first. The Department shall provide the Commission whatever | 95193 |
| administrative assistance the Commission requires during the | 95194 |
| period of transition, which assistance shall be specified in the | 95195 |
| transition plan described in this section. | 95196 |
| Wherever any law, contract, or other document refers to the | 95197 |
| Department, the State Board of Education, or the Superintendent of | 95198 |
| Public Instruction in regard to the implementation or | 95199 |
| administration of section 3318.48 of the Revised Code, the | 95200 |
| references shall be deemed to refer to the Commission or the | 95201 |
| Director of the Commission. No action or proceeding pending on the | 95202 |
| effective date of this section relating to the implementation or | 95203 |
| administration of Chapter 3318. of the Revised Code is affected by | 95204 |
| the transfer. In all such actions and proceedings, the Commission | 95205 |
| or the Director shall be substituted as a party upon application | 95206 |
| by the receiving entity to the court or other appropriate | 95207 |
| tribunal. | 95208 |
| Section 315.09. ELIMINATION OF THE OHIO EDUCATIONAL | 95209 |
| TELECOMMUNICATIONS NETWORK COMMISSION | 95210 |
| (A) Effective July 1, 2005, the Ohio Educational | 95211 |
| Telecommunications Network Commission is abolished and its | 95212 |
| functions, assets, and liabilities, including but not limited to | 95213 |
| vehicles and equipment assigned to employees of the Commission and | 95214 |
| records of the Commission regardless of form or medium, are | 95215 |
| transferred to the eTech Ohio Commission. The eTech Ohio | 95216 |
| Commission is thereupon and thereafter successor to, assumes the | 95217 |
| obligations of, and otherwise constitutes the continuation of the | 95218 |
| Ohio Educational Telecommunications Network Commission. The | 95219 |
| functions of the Executive Director of the Ohio Educational | 95220 |
| Telecommunications Network Commission are thereupon and thereafter | 95221 |
| transferred to the Executive Director of the eTech Ohio | 95222 |
| Commission. | 95223 |
| Any business commenced but not completed by the Ohio | 95224 |
| Educational Telecommunications Network Commission or the Executive | 95225 |
| Director of the Ohio Educational Telecommunications Network | 95226 |
| Commission on July 1, 2005, shall be completed by the eTech Ohio | 95227 |
| Commission or the Executive Director of the eTech Ohio Commission, | 95228 |
| respectively, in the same manner, and with the same effect, as if | 95229 |
| completed by the Ohio Educational Telecommunications Network | 95230 |
| Commission or the Executive Director of the Ohio Educational | 95231 |
| Telecommunications Network Commission. No validation, cure, right, | 95232 |
| privilege, remedy, obligation, or liability is lost or impaired by | 95233 |
| reason of the transfer required under this section and shall be | 95234 |
| administered by the eTech Ohio Commission. All of the Ohio | 95235 |
| Educational Telecommunications Network Commission's rules, orders, | 95236 |
| and determinations continue in effect as rules, orders, and | 95237 |
| determinations of the eTech Ohio Commission, until modified or | 95238 |
| rescinded by the eTech Ohio Commission. If necessary to ensure the | 95239 |
| integrity of the Administrative Code, the Director of the | 95240 |
| Legislative Service Commission shall renumber the Ohio Educational | 95241 |
| Telecommunications Network Commission's rules to reflect their | 95242 |
| transfer to the eTech Ohio Commission. | 95243 |
| (B) Employees of the Ohio Educational Telecommunications | 95244 |
| Network Commission shall be transferred to the eTech Ohio | 95245 |
| Commission or dismissed. Employees of the Ohio Educational | 95246 |
| Telecommunications Network Commission so dismissed cease to hold | 95247 |
| their positions of employment on July 1, 2005. Employees of the | 95248 |
| Ohio Educational Telecommunications Network Commission so | 95249 |
| transferred shall be removed from any bargaining unit in which | 95250 |
| they are included under Chapter 4117. of the Revised Code | 95251 |
| effective July 1, 2005. Employees of the Ohio Educational | 95252 |
| Telecommunications Network Commission so transferred shall be | 95253 |
| removed from any bargaining unit in which they are included under | 95254 |
| Chapter 4117. of the Revised Code effective July 1, 2005. | 95255 |
| (C) No judicial or administrative action or proceeding in | 95256 |
| which the Ohio Educational Telecommunications Network Commission | 95257 |
| or the Executive Director of the Commission is a party that is | 95258 |
| pending on July 1, 2005, is affected by the transfer of functions | 95259 |
| under division (A) of this section. Such action or proceeding | 95260 |
| shall be prosecuted or defended in the name of the eTech Ohio | 95261 |
| Commission. On application to the court or other tribunal, the | 95262 |
| eTech Ohio Commission shall be substituted for the Executive | 95263 |
| Director of the Ohio Educational Telecommunications Network or the | 95264 |
| Commission as a party to such action or proceeding. | 95265 |
| (D) On and after July 1, 2005, when the Ohio Educational | 95266 |
| Telecommunications Network Commission or the Executive Director of | 95267 |
| the Ohio Educational Telecommunications Network Commission is | 95268 |
| referred to in any statute, rule, contract, grant, or other | 95269 |
| document, the reference is hereby deemed to refer to the eTech | 95270 |
| Ohio Commission or the Executive Director of the eTech Ohio | 95271 |
| Commission, respectively. | 95272 |
| Section 315.10. ELIMINATION OF THE OHIO SCHOOLNET COMMISSION | 95273 |
| (A) Effective July 1, 2005, the Ohio SchoolNet Commission is | 95274 |
| abolished and its functions, assets, and liabilities, including, | 95275 |
| but not limited to, vehicles and equipment assigned to employees | 95276 |
| of the Commission and records of the Commission regardless of form | 95277 |
| or medium, are transferred to the eTech Ohio Commission. The eTech | 95278 |
| Ohio Commission is thereupon and thereafter successor to, assumes | 95279 |
| the obligations of, and otherwise constitutes the continuation of | 95280 |
| the Ohio SchoolNet Commission. The functions of the Executive | 95281 |
| Director of the Ohio SchoolNet Commission are thereupon and | 95282 |
| thereafter transferred to the Executive Director of the eTech Ohio | 95283 |
| Commission. | 95284 |
| Any business commenced but not completed by the Ohio | 95285 |
| SchoolNet Commission or the Executive Director of the Ohio | 95286 |
| SchoolNet Commission on July 1, 2005, shall be completed by the | 95287 |
| eTech Ohio Commission or the Executive Director of the eTech Ohio | 95288 |
| Commission, respectively, in the same manner, and with the same | 95289 |
| effect, as if completed by the Ohio SchoolNet Commission or the | 95290 |
| Executive Director of the Ohio SchoolNet Commission. No | 95291 |
| validation, cure, right, privilege, remedy, obligation, or | 95292 |
| liability is lost or impaired by reason of the transfer required | 95293 |
| under this section and shall be administered by the eTech Ohio | 95294 |
| Commission. All of the Ohio SchoolNet Commission's rules, orders, | 95295 |
| and determinations continue in effect as rules, orders, and | 95296 |
| determinations of the eTech Ohio Commission, until modified or | 95297 |
| rescinded by the eTech Ohio Commission. If necessary to ensure the | 95298 |
| integrity of the Administrative Code, the Director of the | 95299 |
| Legislative Service Commission shall renumber the Ohio SchoolNet | 95300 |
| Commission's rules to reflect their transfer to the eTech Ohio | 95301 |
| Commission. | 95302 |
| (B) Employees of the Ohio SchoolNet Commission shall be | 95303 |
| transferred to the eTech Ohio Commission or dismissed. Employees | 95304 |
| of the Ohio SchoolNet Commission so dismissed cease to hold their | 95305 |
| positions of employment on July 1, 2005. | 95306 |
| (C) No judicial or administrative action or proceeding in | 95307 |
| which the Ohio SchoolNet Commission or the Executive Director of | 95308 |
| the Commission is a party that is pending on July 1, 2005, is | 95309 |
| affected by the transfer of functions under division (A) of this | 95310 |
| section. Such action or proceeding shall be prosecuted or defended | 95311 |
| in the eTech Ohio Commission. On application to the court or other | 95312 |
| tribunal, the eTech Ohio Commission shall be substituted for the | 95313 |
| Executive Director of the Ohio SchoolNet Commission as a party to | 95314 |
| such action or proceeding. | 95315 |
| (D) On and after July 1, 2005, when the Ohio SchoolNet | 95316 |
| Commission or the Executive Director of the Ohio SchoolNet | 95317 |
| Commission is referred to in any statute, rule, contract, grant, | 95318 |
| or other document, the reference is hereby deemed to refer to the | 95319 |
| eTech Ohio Commission or the Executive Director of the eTech Ohio | 95320 |
| Commission, respectively. | 95321 |
| (E) If the Department of Education receives any expenditure | 95322 |
| and program reports for fiscal year 2005 for programs that were | 95323 |
| administered by the Ohio SchoolNet Commission during that fiscal | 95324 |
| year, the Department shall forward those reports to the eTech Ohio | 95325 |
| Commission by September 30, 2005. | 95326 |
| Section 315.11. TRANSFER OF FUNDS TO THE AGENCIES | 95327 |
| On and after July 1, 2005, notwithstanding any provision of | 95328 |
| law to the contrary, the Director of Budget and Management is | 95329 |
| authorized to take the actions described in this section with | 95330 |
| respect to budget changes made necessary by administrative | 95331 |
| reorganization, program transfers, the creation of new funds, and | 95332 |
| the consolidation of funds as authorized by this act. The Director | 95333 |
| may make any transfer of cash balances between funds. At the | 95334 |
| request of the Director, the Ohio Educational Telecommunications | 95335 |
| Network Commission and the Ohio SchoolNet Commission shall certify | 95336 |
| to the Director an estimate of the amount of the cash balance to | 95337 |
| be transferred to the receiving funds. The Director may transfer | 95338 |
| the estimated amount when needed to make payments. Not more than | 95339 |
| thirty days after certifying the estimated amount, the Commissions | 95340 |
| shall certify the final amount to the Director. The Director shall | 95341 |
| transfer the difference between any amount previously transferred | 95342 |
| and the certified final amount. The Director may cancel | 95343 |
| encumbrances and re-establish encumbrances or parts of | 95344 |
| encumbrances as needed in fiscal year 2006 in the appropriate | 95345 |
| funds and appropriation items for the same purposes. The | 95346 |
| appropriation authority necessary to re-establish such | 95347 |
| encumbrances in fiscal year 2006 as determined by the Director, in | 95348 |
| a different fund or appropriation item, within an agency or | 95349 |
| between agencies, is hereby appropriated. When re-established | 95350 |
| encumbrances or parts of re-established encumbrances are | 95351 |
| cancelled, the Director shall reduce the appropriations for these | 95352 |
| respective funds and appropriation items by the amount of the | 95353 |
| encumbrances cancelled. The amounts cancelled are hereby | 95354 |
| authorized. Any fiscal year 2005 unencumbered or unallotted | 95355 |
| appropriation balances may be transferred to the appropriate funds | 95356 |
| and appropriation items to be used for the same purposes, as | 95357 |
| determined by the Director. The amounts transferred are hereby | 95358 |
| appropriated. | 95359 |
| Section 316.03. (A) Not later than July 1, 2005, the | 95360 |
| Governor, with the advice and consent of the Senate, shall appoint | 95361 |
| members to the eTech Ohio Commission and shall appoint a | 95362 |
| chairperson of the Commission as required by section 3353.02 of | 95363 |
| the Revised Code, as enacted by this act. Notwithstanding division | 95364 |
| (F) of that section, the initial chairperson appointed by the | 95365 |
| Governor shall serve until July 1, 2006, at which time the | 95366 |
| Governor shall appoint a chairperson in accordance with that | 95367 |
| section. | 95368 |
| (B) Notwithstanding section 3353.03 of the Revised Code, as | 95369 |
| enacted by this act, the Governor, with the advice and consent of | 95370 |
| the Senate, shall appoint an interim executive director of the | 95371 |
| Commission not later than July 1, 2005. The interim executive | 95372 |
| director shall serve for one year or until the Commission appoints | 95373 |
| an executive director pursuant to that section, whichever is | 95374 |
| earlier. The Governor shall fix the compensation of the interim | 95375 |
| executive director. The interim executive director shall exercise | 95376 |
| any authority provided by law to the executive director of the | 95377 |
| Commission or delegated to the interim executive director by the | 95378 |
| Commission. | 95379 |
| Section 318.03. GENERAL OBLIGATION DEBT SERVICE PAYMENTS | 95380 |
| Certain appropriations are in this act for the purpose of | 95381 |
| paying debt service and financing costs on general obligation | 95382 |
| bonds or notes of the state issued pursuant to the Ohio | 95383 |
| Constitution and acts of the General Assembly. If it is determined | 95384 |
| that additional appropriations are necessary for this purpose, | 95385 |
| such amounts are hereby appropriated. | 95386 |
| Section 318.06. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER | 95387 |
| OF STATE | 95388 |
| Certain appropriations are in this act for the purpose of | 95389 |
| making lease payments pursuant to leases and agreements relating | 95390 |
| to bonds or notes issued by the Ohio Building Authority or the | 95391 |
| Treasurer of State or, previously, by the Ohio Public Facilities | 95392 |
| Commission, pursuant to the Ohio Constitution and acts of the | 95393 |
| General Assembly. If it is determined that additional | 95394 |
| appropriations are necessary for this purpose, such amounts are | 95395 |
| hereby appropriated. | 95396 |
| Section 318.09. AUTHORIZATION FOR TREASURER OF STATE AND OBM | 95397 |
| TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS | 95398 |
| The Office of Budget and Management shall initiate and | 95399 |
| process disbursements from general obligation and lease rental | 95400 |
| payment appropriation items during the period from July 1, 2005, | 95401 |
| to June 30, 2007, relating to bonds or notes issued under Sections | 95402 |
| 2i, 2k, 2l, 2m, 2n, 2o, and 15 of Article VIII, Ohio Constitution, | 95403 |
| and Chapters 151. and 154. of the Revised Code. Disbursements | 95404 |
| shall be made upon certification by the Treasurer of State of the | 95405 |
| dates and the amounts due on those dates. | 95406 |
| Section 318.12. ISSUANCE OF OBLIGATIONS BY THE OHIO COAL | 95407 |
| DEVELOPMENT OFFICE | 95408 |
| The Ohio Public Facilities Commission, upon the request of | 95409 |
| the Director of the Ohio Coal Development Office of the Ohio Air | 95410 |
| Quality Development Authority with the advice of the Technical | 95411 |
| Advisory Committee created in section 1551.35 of the Revised Code | 95412 |
| and the approval of the Executive Director of the Ohio Air Quality | 95413 |
| Development Authority, is hereby authorized to issue and sell, in | 95414 |
| accordance with Section 15 of Article VIII, Ohio Constitution, and | 95415 |
| Chapter 151. and particularly sections 151.01 and 151.07 of the | 95416 |
| Revised Code, bonds and other obligations of the State of Ohio in | 95417 |
| an aggregate principal amount not to exceed $15,000,000 in | 95418 |
| addition to the issuance of obligations heretofore authorized by | 95419 |
| prior acts of the General Assembly. The obligations shall be | 95420 |
| dated, issued, and sold from time to time in such amounts as may | 95421 |
| be necessary to provide sufficient moneys to the credit of the | 95422 |
| Coal Research and Development Fund created in section 1555.15 of | 95423 |
| the Revised Code to pay costs charged to the fund when due. | 95424 |
| Section 321.03. STATE AND LOCAL REBATE AUTHORIZATION | 95425 |
| There is hereby appropriated, from those funds designated by | 95426 |
| or pursuant to the applicable proceedings authorizing the issuance | 95427 |
| of state obligations, amounts computed at the time to represent | 95428 |
| the portion of investment income to be rebated or amounts in lieu | 95429 |
| of or in addition to any rebate amount to be paid to the federal | 95430 |
| government in order to maintain the exclusion from gross income | 95431 |
| for federal income tax purposes of interest on those state | 95432 |
| obligations under section 148(f) of the Internal Revenue Code. | 95433 |
| Rebate payments shall be approved and vouchered by the Office | 95434 |
| of Budget and Management. | 95435 |
| Section 321.06. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT | 95436 |
| Pursuant to the plan for compliance with the Federal Cash | 95437 |
| Management Improvement Act required by section 131.36 of the | 95438 |
| Revised Code, the Director of Budget and Management may cancel and | 95439 |
| re-establish all or part of encumbrances in like amounts within | 95440 |
| the funds identified by the plan. The amounts necessary to | 95441 |
| re-establish all or part of encumbrances are hereby appropriated. | 95442 |
| Section 321.09. STATEWIDE INDIRECT COST RECOVERY | 95443 |
| Whenever the Director of Budget and Management determines | 95444 |
| that an appropriation made to a state agency from a fund of the | 95445 |
| state is insufficient to provide for the recovery of statewide | 95446 |
| indirect costs under section 126.12 of the Revised Code, the | 95447 |
| amount required for such purpose is hereby appropriated from the | 95448 |
| available receipts of such fund. | 95449 |
| Section 321.10. GRF TRANSFERS ON BEHALF OF THE STATEWIDE | 95450 |
| INDIRECT COST ALLOCATION PLAN | 95451 |
| The total transfers made from the General Revenue Fund by the | 95452 |
| Director of Budget and Management under this section shall not | 95453 |
| exceed the amounts transferred into the General Revenue Fund under | 95454 |
| division (B) of section 126.12 of the Revised Code. | 95455 |
| The director of an agency may certify to the Director of | 95456 |
| Budget and Management the amount of expenses not allowed to be | 95457 |
| included in the Statewide Indirect Cost Allocation Plan under | 95458 |
| federal regulations, from any fund included in the Statewide | 95459 |
| Indirect Cost Allocation Plan, prepared as required by section | 95460 |
| 126.12 of the Revised Code. | 95461 |
| Upon determining that no alternative source of funding is | 95462 |
| available to pay for such expenses, the Director of Budget and | 95463 |
| Management may transfer from the General Revenue Fund into the | 95464 |
| fund for which the certification is made, up to the amount of the | 95465 |
| certification. The director of the agency receiving such funds | 95466 |
| shall include, as part of the next budget submission prepared | 95467 |
| under section 126.02 of the Revised Code, a request for funding | 95468 |
| for such activities from an alternative source such that further | 95469 |
| federal disallowances would not be required. | 95470 |
| Section 321.11. FEDERAL GOVERNMENT INTEREST REQUIREMENTS | 95471 |
| Notwithstanding any provision of law to the contrary, on or | 95472 |
| before the first day of September of each fiscal year, the | 95473 |
| Director of Budget and Management, in order to reduce the payment | 95474 |
| of adjustments to the federal government, as determined by the | 95475 |
| plan prepared under division (A) of section 126.12 of the Revised | 95476 |
| Code, may designate such funds as the director considers necessary | 95477 |
| to retain their own interest earnings. | 95478 |
| Section 401.05. That Sections 16.09, 19.01, 20.01, 22.03, | 95479 |
| 22.04, 23.02, 23.12, 23.13, 23.26, 23.45, and 24.01 of Am. Sub. | 95480 |
| H.B. 16 of the 126th General Assembly be amended to read as | 95481 |
| follows: | 95482 |
| Appropriations |
| Sec. 16.09. OSB SCHOOL FOR THE BLIND | 95483 |
| CAP-774 | Glass Windows/E Wall of Natatorium | $ | 63,726 | 95484 | |||
| CAP-775 | Renovation of Science Lab Greenhouse | $ | 58,850 | 95485 | |||
| CAP-776 | Renovating Recreation Area | $ | 213,900 | 95486 | |||
| CAP-777 | New Classrooms for Secondary MH Program | $ | 880,407 | 95487 | |||
| CAP-778 | Renovation of Student Health Service Area | $ | 144,375 | 95488 | |||
| CAP-779 | Replacement of Cottage Windows | $ | 208,725 | 95489 | |||
| CAP- |
New School Lighting | $ | 184,500 | 95490 | |||
| CAP-781 | Food Prep. Area Air Conditioning | $ | 67,250 | 95491 | |||
| Total School for the Blind | $ | 1,821,733 | 95492 | ||||
| Sec. 19.01. All items set forth in this section are hereby | 95493 |
| appropriated out of any moneys in the state treasury to the credit | 95494 |
| of the Cultural and Sports Facilities Building Fund (Fund 030) | 95495 |
| that are not otherwise appropriated. | 95496 |
| Appropriations |
| 95497 |
| CAP-010 | Sandusky State Theatre Improvements | $ | 325,000 | 95498 | |||
| CAP-013 | Stambaugh Hall Improvements | $ | 250,000 | 95499 | |||
| CAP-033 | Woodward Opera House Renovation | $ | 100,000 | 95500 | |||
| CAP-038 | Center Exhibit Replacement | $ | 816,000 | 95501 | |||
| CAP-043 | Statewide Site Repairs | $ | 100,000 | 95502 | |||
| CAP-044 | National Underground Railroad Freedom Center | $ | 4,150,000 | 95503 | |||
| CAP-046 | Cincinnati Museum Center Improvements | $ | 250,000 | 95504 | |||
| CAP-052 | Akron Art Museum | $ | 1,012,500 | 95505 | |||
| CAP-053 | Powers Auditorium Improvements - Eleanor Beecher Flad Pavilion | $ | 250,000 | 95506 | |||
| CAP-065 | Beck Center for the Cultural Arts | $ | 100,000 | 95507 | |||
| CAP-069 | Cleveland Institute of Art | $ | 250,000 | 95508 | |||
| CAP-071 | Cleveland Institute of Music | $ | 750,000 | 95509 | |||
| CAP-073 | Marina District/Ice Arena Development | $ | 3,500,000 | 95510 | |||
| CAP-074 | Stan Hywet Hall & Gardens - West Vista Restoration | $ | 750,000 | 95511 | |||
| CAP-745 | Emergency Repairs | $ | 838,560 | 95512 | |||
| CAP-769 | Rankin House State Memorial | $ | 192,000 | 95513 | |||
| CAP-781 | Archives and Library Automation | $ | 624,000 | 95514 | |||
| CAP-784 | Center Rehabilitation | $ | 960,000 | 95515 | |||
| CAP-806 | Grant Boyhood Home Improvements | $ | 480,000 | 95516 | |||
| CAP-812 | Schuster Arts Center | $ | 5,500,000 | 95517 | |||
| CAP-823 | Marion Palace Theatre | $ | 750,000 | 95518 | |||
| CAP-826 | Renaissance Theatre | $ | 750,000 | 95519 | |||
| CAP-834 | Galion Historic Big Four Depot Restoration | $ | 170,000 | 95520 | |||
| CAP-835 | Jamestown Opera House | $ | 125,000 | 95521 | |||
| CAP-844 | Charles A. Eulett Education Center/Edge of Appalachia Museum Center | $ | 1,850,000 | 95522 | |||
| CAP-845 | Lima Historic Athletic Field | $ | 100,000 | 95523 | |||
| CAP-846 | Butler Palace Theatre | $ | 95524 | ||||
| CAP-847 | Voice of America Museum | $ | 275,000 | 95525 | |||
| CAP-848 | Oxford Arts Center ADA Project | $ | 72,000 | 95526 | |||
| CAP-849 | Clark County Community Arts Expansion Project | $ | 500,000 | 95527 | |||
| CAP-850 | Westcott House Historic Site | $ | 75,000 | 95528 | |||
| CAP-851 | General Lytle Homestead - Harmony Hill | $ | 50,000 | 95529 | |||
| CAP-852 | Miami Township Community Amphitheatre | $ | 50,000 | 95530 | |||
| CAP-853 | Western Reserve Historical Society | $ | 1,000,000 | 95531 | |||
| CAP-854 | Steamship Mather Museum | $ | 100,000 | 95532 | |||
| CAP-855 | Rock and Roll Hall of Fame | $ | 250,000 | 95533 | |||
| CAP-856 | Friendly Inn Settlement House Historic Site | $ | 250,000 | 95534 | |||
| CAP-857 | Merrick House Historic Site | $ | 250,000 | 95535 | |||
| CAP-858 | Strongsville Historic Building | $ | 100,000 | 95536 | |||
| CAP-859 | Arts Castle | $ | 100,000 | 95537 | |||
| CAP-860 | Great Lakes Historical Society | $ | 325,000 | 95538 | |||
| CAP-861 | Ohio Glass Museum | $ | 250,000 | 95539 | |||
| CAP-862 | Goll Wood Homestead | $ | 50,000 | 95540 | |||
| CAP-863 | Ariel Theatre | $ | 100,000 | 95541 | |||
| CAP-864 | Bellbrook/Sugarcreek Historical Society | $ | 10,000 | 95542 | |||
| 95543 | |||||||
| CAP-866 | Sports Facilities Improvements - Cincinnati | $ | 4,350,000 | 95544 | |||
| CAP-867 | Ensemble Theatre | $ | 450,000 | 95545 | |||
| CAP-868 | Taft Museum | $ | 500,000 | 95546 | |||
| CAP-869 | Art Academy of Cincinnati | $ | 100,000 | 95547 | |||
| CAP-870 | Riverbend Pavilion Improvements | $ | 250,000 | 95548 | |||
| CAP-871 | Cincinnati Art & Technology Academy - Longworth Hall | $ | 100,000 | 95549 | |||
| CAP-872 | Music Hall: Over-The-Rhine | $ | 750,000 | 95550 | |||
| CAP-873 | John Bloomfield Home Restoration | $ | 115,000 | 95551 | |||
| CAP-874 | Malinta Historical Society Caboose Exhibit | $ | 6,000 | 95552 | |||
| CAP-875 | Hocking County Historical Society - Schempp House | $ | 10,000 | 95553 | |||
| CAP-876 | Art Deco Markay Theater | $ | 200,000 | 95554 | |||
| CAP-877 | Harvey Wells House | $ | 100,000 | 95555 | |||
| CAP-878 | Bryn Du | $ | 250,000 | 95556 | |||
| CAP-879 | Broad Street Historical Renovation | $ | 300,000 | 95557 | |||
| CAP-880 | Amherst Historical Society | $ | 35,000 | 95558 | |||
| CAP-881 | COSI - Toledo | $ | 1,900,000 | 95559 | |||
| CAP-882 | Ohio Theatre - Toledo | $ | 100,000 | 95560 | |||
| CAP-883 | Chester Academy Historic Site Renovations | $ | 25,000 | 95561 | |||
| CAP-884 | Bradford Ohio Railroad Museum | $ | 100,000 | 95562 | |||
| CAP-885 | Montgomery County Historical Society Archives | $ | 100,000 | 95563 | |||
| CAP-886 | Nelson T. Gant Historic Homestead | $ | 25,000 | 95564 | |||
| CAP-887 | Aurora Outdoor Sports Complex | $ | 50,000 | 95565 | |||
| CAP-888 | Preble County Historical Society | $ | 100,000 | 95566 | |||
| CAP-889 | Tecumseh Sugarloaf Mountain Amphitheatre | $ | 120,000 | 95567 | |||
| CAP-890 | Pro Football Hall of Fame | $ | 400,000 | 95568 | |||
| CAP-891 | MAPS Air Museum | $ | 15,000 | 95569 | |||
| CAP-892 | Foundation Community |
$ | 50,000 | 95570 | |||
| CAP-893 | William McKinley Library Restoration | $ | 250,000 | 95571 | |||
| CAP-894 | Hale Farm & Village | $ | 250,000 | 95572 | |||
| 95573 | |||||||
| CAP-896 | Richard Howe House | $ | 100,000 | 95574 | |||
| CAP-897 | Ward-Thomas Museum | $ | 30,000 | 95575 | |||
| CAP-898 | Packard Music Hall Renovation Project | $ | 100,000 | 95576 | |||
| CAP-899 | Holland Theatre | $ | 100,000 | 95577 | |||
| CAP-900 | Van Wert Historical Society | $ | 32,000 | 95578 | |||
| CAP-901 | Warren County Historical Society | $ | 225,000 | 95579 | |||
| CAP-902 | Marietta Colony Theatre | $ | 335,000 | 95580 | |||
| CAP-903 | West Salem Village Opera House | $ | 92,000 | 95581 | |||
| CAP-904 | Beavercreek Community Theater | $ | 100,000 | 95582 | |||
| CAP-905 | Smith Orr Homestead | $ | 100,000 | 95583 | |||
| Total Cultural Facilities Commission | $ | 95584 | |||||
| TOTAL Cultural and Sports Facilities Building Fund | $ | 95585 | |||||
| Sec. 20.01. All items set forth in this section are hereby | 95587 |
| appropriated out of any moneys in the state treasury to the credit | 95588 |
| of the Ohio Parks and Natural Resources Fund (Fund 031) that are | 95589 |
| not otherwise appropriated. | 95590 |
| Appropriations |
| 95591 |
| 95592 |
| CAP-012 | Land Acquisition | $ | 750,000 | 95593 | |||
| CAP-051 | Buck Creek State Park - Camp/Dock Renovations | $ | 25,000 | 95594 | |||
| CAP-060 | East Fork State Park Renovation | $ | 50,000 | 95595 | |||
| CAP-068 | Kennedy Stone House | $ | 15,000 | 95596 | |||
| CAP-080 | Atwood Lake Conservancy District | $ | 75,000 | 95597 | |||
| CAP-083 | John Bryan State Park Shelter Construction | $ | 30,000 | 95598 | |||
| CAP-084 | Findley State Park General Improvements | $ | 12,500 | 95599 | |||
| 95600 | |||||||
| CAP-086 | Scippo Creek Conservation | $ | 75,000 | 95601 | |||
| CAP-087 | Belpre City Swimming Pool | $ | 125,000 | 95602 | |||
| CAP-705 | Ohio-Erie Canal Tuscarawas River Logjam Removal | $ | 25,000 | 95603 | |||
| CAP-748 | Local Parks Projects - Statewide | $ | 2,511,079 | 95604 | |||
| CAP-753 | Project Planning | $ | 1,144,316 | 95605 | |||
| CAP-881 | Dam Rehabilitation | $ | 5,000,000 | 95606 | |||
| CAP-931 | Wastewater/Water Systems Upgrades | $ | 2,900,000 | 95607 | |||
| Total Statewide and Local Projects | $ | 95608 | |||||
| 12,737,895 | 95609 | ||||||
| Total Department of Natural Resources | $ | 95610 | |||||
| 12,737,895 | 95611 | ||||||
| TOTAL Ohio Parks and Natural Resources Fund | $ | 95612 | |||||
| 12,737,895 | 95613 | ||||||
| Appropriations |
| Sec. 22.03. DMH DEPARTMENT OF MENTAL HEALTH | 95615 |
| CAP-479 | Community Assistance Projects | $ | 95616 | ||||
| CAP-978 | Infrastructure Improvements | $ | 8,050,000 | 95617 | |||
| 95618 | |||||||
| Total Department of Mental Health | $ | 9,950,000 | 95619 | ||||
| COMMUNITY ASSISTANCE PROJECTS | 95620 |
| Of the foregoing appropriation item CAP-479, Community | 95621 |
| Assistance Projects, $200,000 shall be used for the Center for | 95622 |
| Families and Children, $100,000 shall be used for the Cleveland | 95623 |
| Christian Home, and $100,000 shall be used for the Berea | 95624 |
| Children's Home. | 95625 |
| Appropriations |
| Sec. 22.04. DMR DEPARTMENT OF MENTAL RETARDATION AND | 95626 |
| DEVELOPMENTAL DISABILITIES | 95627 |
| 95628 |
| CAP-480 | Community Assistance Projects | $ | 9,475,000 | 95629 | |||
| CAP-955 | Statewide Development Centers | $ | 3,257,257 | 95630 | |||
| Total Statewide and Central Office Projects | $ | 12,732,257 | 95631 | ||||
| TOTAL Department of Mental Retardation and Developmental Disabilities | $ | 12,732,257 | 95632 | ||||
| TOTAL MENTAL HEALTH FACILITIES IMPROVEMENT FUND | $ | 22,782,257 | 95633 | ||||
| COMMUNITY ASSISTANCE PROJECTS | 95634 |
| The foregoing appropriation item CAP-480, Community | 95635 |
| Assistance Projects, may be used to provide community assistance | 95636 |
| funds for the development, purchase, construction, or renovation | 95637 |
| of facilities for day programs or residential programs that | 95638 |
| provide services to persons eligible for services from the | 95639 |
| Department of Mental Retardation and Developmental Disabilities or | 95640 |
| county boards of mental retardation and developmental | 95641 |
| disabilities. Any funds provided to nonprofit agencies for the | 95642 |
| construction or renovation of facilities for persons eligible for | 95643 |
| services from the Department of Mental Retardation and | 95644 |
| Developmental Disabilities and county boards of mental retardation | 95645 |
| and developmental disabilities shall be governed by the prevailing | 95646 |
| wage provisions in section 176.05 of the Revised Code. | 95647 |
| Of the foregoing appropriation item CAP-480, $200,000 shall | 95648 |
| be used for the Achievement Centers for Children | 95649 |
| shall be used for Bellefaire Jewish Children's Bureau | 95650 |
| Notwithstanding any other provision of law to the contrary, | 95651 |
| of the foregoing appropriation item CAP-480, $250,000 shall be | 95652 |
| used for the Julie Billart facility | 95653 |
| the Hanson Home. | 95654 |
| Appropriations |
| Sec. 23.02. | 95655 |
| 95656 |
| CAP-001 | Educational TV and Radio Equipment | $ | 1,027,038 | 95657 | |||
| Total |
$ | 1,027,038 | 95658 | ||||
| Appropriations |
| Sec. 23.12. CLS CLEVELAND STATE UNIVERSITY | 95660 |
| CAP-023 | Basic Renovations | $ | 3,267,875 | 95661 | |||
| CAP-125 | College of Education Building | $ | 8,057,262 | 95662 | |||
| 95663 | |||||||
| CAP-152 | Rhodes Tower-Data Center Relocation | $ | 1,000,000 | 95664 | |||
| CAP-153 | University Annex-Vacation and Demolition | $ | 49,390 | 95665 | |||
| CAP-154 | Main Classroom Stair Tower & Entry | $ | 1,500,000 | 95666 | |||
| CAP-155 | Cleveland Playhouse | $ | 250,000 | 95667 | |||
| CAP-156 | Physical Education Building Rehabilitation | $ | 1,000,000 | 95668 | |||
| Total Cleveland State University | $ | 95669 | |||||
| Appropriations |
| Sec. 23.13. KSU KENT STATE UNIVERSITY | 95671 |
| CAP-022 | Basic Renovations | $ | 3,573,078 | 95672 | |||
| CAP-105 | Basic Renovations-East Liverpool | $ | 151,408 | 95673 | |||
| CAP-106 | Basic Renovations-Geauga | $ | 45,607 | 95674 | |||
| CAP-107 | Basic Renovations-Salem | $ | 105,640 | 95675 | |||
| CAP-108 | Basic Renovations-Stark | $ | 325,358 | 95676 | |||
| CAP-110 | Basic Renovations-Ashtabula | $ | 177,801 | 95677 | |||
| CAP-111 | Basic Renovations-Trumbull | $ | 347,695 | 95678 | |||
| CAP-112 | Basic Renovations-Tuscarawas | $ | 171,699 | 95679 | |||
| CAP-212 | Health Science Building, Planning | $ | 705,720 | 95680 | |||
| CAP-235 | Rehabilitation of Franklin Hall | $ | 13,923,684 | 95681 | |||
| CAP-260 | Land Acquisitions & Improvements-East Liverpool | $ | 638,419 | 95682 | |||
| CAP-261 | Addition/Renovation of Classrooms-Geauga | $ | 246,878 | 95683 | |||
| CAP-262 | Gym Renovation Planning-Salem | $ | 490,213 | 95684 | |||
| CAP-263 | Parking Lot & Roadway Paving-Stark | $ | 162,076 | 95685 | |||
| CAP-264 | Fine Arts Building & New Campus Center-Stark | $ | 1,000,000 | 95686 | |||
| CAP-265 | Science Lab Addition-Trumbull | $ | 991,786 | 95687 | |||
| CAP-266 | Fine & Performing Arts Center - Tuscarawas | $ | 844,655 | 95688 | |||
| CAP-267 | Columbiana County Port Authority | $ | 875,000 | 95689 | |||
| CAP-268 | Canton Convention Center | $ | 735,000 | 95690 | |||
| CAP-269 | Blossom Music Center | $ | 2,512,500 | 95691 | |||
| Total Kent State University | $ | 95692 | |||||
| Sec. 23.26. CCC CUYAHOGA COMMUNITY COLLEGE | 95694 |
| Appropriations |
| CAP-031 | Basic Renovations | $ | 2,428,960 | 95695 | |||
| CAP-079 | Cleveland Art Museum Improvements | $ | 3,000,000 | 95696 | |||
| CAP-094 | Collegewide Wayfinding Signage System | $ | 1,067,510 | 95697 | |||
| CAP-095 | Collegewide Asset Protection and Building Codes Upgrade | $ | 1,491,522 | 95698 | |||
| CAP-096 | Health Care Technology Building - Eastern | $ | 6,050,264 | 95699 | |||
| CAP-097 | WVIZ Technology Center/Playhouse Square | $ | 750,000 | 95700 |
| Total Cuyahoga Community College | $ | 95701 |
| Sec. 23.45. STC STARK TECHNICAL COLLEGE | 95702 |
| CAP-004 | Basic Renovations | $ | 438,295 | 95703 | |||
| CAP-035 | Business Technologies Addition Rehabilitation | $ | 1,378,892 | 95704 | |||
| CAP-037 | Fuel Cell Initiative | $ | 250,000 | 95705 | |||
| Total Stark Technical College | $ | 2,067,187 | 95706 | ||||
| Total Board of Regents and State | 95707 | ||||||
| Institutions of Higher Education | $ | 95708 | |||||
| TOTAL Higher Education Improvement Fund | $ | 95709 | |||||
| Sec. 24.01. All items set forth in this section are hereby | 95711 |
| appropriated out of any moneys in the state treasury to the credit | 95712 |
| of the Parks and Recreation Improvement Fund (Fund 035) that are | 95713 |
| not otherwise appropriated. | 95714 |
| Appropriations |
| 95715 |
| CAP-004 | Burr Oak Lodge | $ | 150,000 | 95716 | |||
| CAP-012 | Land Acquisition | $ | 243,663 | 95717 | |||
| CAP-085 | The Wilds Carnivore Center | $ | 1,000,000 | 95718 | |||
| Muskingum River Lock and Dam | $ | 250,000 | 95719 | ||||
| CAP-716 | 95720 | ||||||
| CAP-234 | State Park Campgrounds, Cabins, and Lodges | $ | 2,712,500 | 95721 | |||
| CAP-331 | Park Boating Facilities | $ | 7,588,383 | 95722 | |||
| CAP-701 | Buckeye Lake State Park - Dam Rehabilitation | $ | 4,000,000 | 95723 | |||
| CAP-718 | Grand Lake St. Mary's State Park Erosion Control Project | $ | 450,000 | 95724 | |||
| CAP-748 | Local Park Projects | $ | 2,715,000 | 95725 | |||
| CAP-753 | Project Planning | $ | 175,000 | 95726 | |||
| CAP-848 | Hazardous Dam Repair - Statewide | $ | 1,325,000 | 95727 | |||
| CAP-876 | Statewide Trails | $ | 95728 | ||||
| CAP-931 | Statewide Wastewater/Water Systems Upgrade | $ | 2,500,000 | 95729 | |||
| Total Department of Natural Resources | $ | 95730 | |||||
| 24,961,046 | 95731 | ||||||
| TOTAL Parks and Recreation Improvement Fund | $ | 95732 | |||||
| 24,961,046 | 95733 | ||||||
| FEDERAL REIMBURSEMENT | 95734 |
| All reimbursements received from the federal government for | 95735 |
| any expenditures made pursuant to this section shall be deposited | 95736 |
| in the state treasury to the credit of the Parks and Recreation | 95737 |
| Improvement Fund (Fund 035). | 95738 |
| LOCAL PARKS PROJECTS | 95739 |
| Of the foregoing appropriation item CAP-748, Local Parks | 95740 |
| Projects, $75,000 shall be used for the Springfield Arts Veterans' | 95741 |
| Park; $50,000 shall be used for the Village of Bentleyville Park; | 95742 |
| $25,000 shall be used for the Cleveland Police and Firefighters | 95743 |
| Memorial Park; $100,000 shall be used for the Parma Heights | 95744 |
| Greenbriar Park; $125,000 shall be used for the Fairborn Park | 95745 |
| Entrance Project; $250,000 shall be used for the Greene County | 95746 |
| Soccer Park; $750,000 shall be used for the Banks Park; $400,000 | 95747 |
| shall be used for the Colerain Township Park Improvements; | 95748 |
| $200,000 shall be used for the Colerain Township Heritage Park; | 95749 |
| $75,000 shall be used for the London Park Project; $50,000 shall | 95750 |
| be used for Somerset Park Improvements; $50,000 shall be used for | 95751 |
| Meadowbrook Park; $25,000 shall be used for Early Hill Park; | 95752 |
| $25,000 shall be used for the Wright-Flyer Aviation Park; $200,000 | 95753 |
| shall be used for Madison Township Park; $10,000 shall be used for | 95754 |
| the Wellington Soccer Field Park; $10,000 shall be used for the | 95755 |
| Greenwich Township Baseball Field Park Improvements; $20,000 shall | 95756 |
| be used for the City of London Sports Park; $25,000 shall be used | 95757 |
| for the Pleasant Hill Park Ball Field Project; and $250,000 shall | 95758 |
| be used for the Education Gateway at Sippo Lake Park. | 95759 |
| STATEWIDE TRAILS PROGRAM | 95760 |
| Of the foregoing appropriation item CAP-876, Statewide | 95761 |
| Trails, $85,000 shall be used for the Williamsburg-Batavia | 95762 |
| hike/bike trail; $16,500 shall be used for the South Milford Road | 95763 |
| Bike Trail Project; $125,000 shall be used for the Tri-County | 95764 |
| Triangle Trail in Fayette county; | 95765 |
| for the Tri-County Triangle Trail in Highland County; $125,000 | 95766 |
| shall be used for the Tri-County Triangle Trail in Ross county; | 95767 |
| $550,000 shall be used for the Camp Chase Ohio to Erie Trail; | 95768 |
| $100,000 shall be used for the Holmes County Park District - Rails | 95769 |
| to Trails; and $750,000 shall be used for the Little Miami Trail | 95770 |
| through the Village of Terrace Park. The state funds for the | 95771 |
| Little Miami Trail Project shall be used to undertake project work | 95772 |
| that is eligible for reimbursement under the federal Land and | 95773 |
| Water Conservation Fund and the Recreational Trails Program. The | 95774 |
| federal reimbursement funds for the project work shall be credited | 95775 |
| to the Parks and Recreation Improvement Fund (Fund 035). | 95776 |
| Section 401.06. That existing Sections 16.09, 19.01, 20.01, | 95777 |
| 22.03, 22.04, 23.02, 23.12, 23.13, 23.26, 23.45, and 24.01 of Am. | 95778 |
| Sub. H.B. 16 of the 126th General Assembly are hereby repealed. | 95779 |
| Section 401.07. That Section 3 of Am. H.B. 67 of the 126th | 95780 |
| General Assembly be amended to read as follows: | 95781 |
| Sec. 3. All items in this section are hereby appropriated | 95782 |
| out of any moneys in the state treasury to the credit of the | 95783 |
| designated fund. For all appropriations made in this act, those in | 95784 |
| the first column are for fiscal year 2006, and those in the second | 95785 |
| column are for fiscal year 2007. | 95786 |
| FND | AI | AI TITLE | Appropriations | 95787 |
| 95788 |
| Workers' Compensation Fund Group | 95789 |
| 023 | 855-401 | William Green Lease Payments to OBA | $ | 19,736,600 | $ | 20,125,900 | 95790 | ||||
| 023 | 855-407 | Claims, Risk & Medical Management | $ | 140,052,037 | $ | 140,052,037 | 95791 | ||||
| 023 | 855-408 | Fraud Prevention | $ | 11,713,797 | $ | 11,713,797 | 95792 | ||||
| 023 | 855-409 | Administrative Services | $ | 119,246,553 | $ | 119,246,553 | 95793 | ||||
| 023 | 855-410 | Attorney General Payments | $ | 4,314,644 | $ | 4,314,644 | 95794 | ||||
| 822 | 855-606 | Coal Workers' Fund | $ | 91,894 | $ | 91,894 | 95795 | ||||
| 823 | 855-608 | Marine Industry | $ | 53,952 | $ | 53,952 | 95796 | ||||
| 825 | 855-605 | Disabled Workers Relief Fund | $ | 693,764 | $ | 693,764 | 95797 | ||||
| 826 | 855-609 | Safety & Hygiene Operating | $ | 20,130,820 | $ | 20,130,820 | 95798 | ||||
| 826 | 855-610 | Safety Grants Program | $ | 4,000,000 | $ | 4,000,000 | 95799 | ||||
| TOTAL WCF Workers' Compensation | 95800 | ||||||||||
| Fund Group | $ | 320,034,061 | $ | 320,423,361 | 95801 | ||||||
| Federal Special Revenue Fund Group | 95802 |
| 349 | 855-601 | OSHA Enforcement | $ | 1,527,750 | $ | 1,604,140 | 95803 | ||||
| TOTAL FED Federal Special Revenue Fund Group | $ | 1,527,750 | $ | 1,604,140 | 95804 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 321,561,811 | $ | 322,027,501 | 95805 | ||||||
| WILLIAM GREEN LEASE PAYMENTS | 95806 |
| The foregoing appropriation item 855-401, William Green Lease | 95807 |
| Payments to OBA, shall be used for lease payments to the Ohio | 95808 |
| Building Authority, and these appropriations shall be used to meet | 95809 |
| all payments at the times they are required to be made during the | 95810 |
| period from July 1, 2005, to June 30, 2007, by the Bureau of | 95811 |
| Workers' Compensation to the Ohio Building Authority pursuant to | 95812 |
| leases and agreements made under Chapter 152. of the Revised Code | 95813 |
| and Section 6 of Am. Sub. H.B. 743 of the 118th General Assembly. | 95814 |
| Of the amounts received in Fund 023, appropriation item 855-401, | 95815 |
| William Green Lease Payments to OBA, up to $39,862,500 shall be | 95816 |
| restricted for lease rental payments to the Ohio Building | 95817 |
| Authority. If it is determined that additional appropriations are | 95818 |
| necessary for such purpose, such amounts are hereby appropriated. | 95819 |
| Notwithstanding any other provision of law to the contrary, | 95820 |
| all tenants of the William Green Building not funded by the | 95821 |
| Workers' Compensation Fund (Fund 023) shall pay their fair share | 95822 |
| of the costs of lease payments to the Workers' Compensation Fund | 95823 |
| (Fund 023) by intrastate transfer voucher. | 95824 |
| WORKERS' COMPENSATION OVERSIGHT COMMISSION | 95825 |
| Of the foregoing appropriation item 855-409, Administrative | 95826 |
| Services, up to $18,000 per calendar year shall be used to pay the | 95827 |
| annual compensation of each investment expert member of the | 95828 |
| Workers' Compensation Oversight Commission, as provided in | 95829 |
| divisions (D) and (F) of section 4121.12 of the Revised Code. Each | 95830 |
| investment expert member shall also receive reasonable and | 95831 |
| necessary expenses while engaged in the performance of his or her | 95832 |
| duties, as provided in division (F) of section 4121.12 of the | 95833 |
| Revised Code. | 95834 |
| WORKERS' COMPENSATION FRAUD UNIT | 95835 |
| The Workers' Compensation Section Fund (Fund 195) shall | 95836 |
| receive payments from the Bureau of Workers' Compensation at the | 95837 |
| beginning of each quarter of each fiscal year to fund expenses of | 95838 |
| the Workers' Compensation Fraud Unit of the Attorney General's | 95839 |
| Office. Of the foregoing appropriation item 855-410, Attorney | 95840 |
| General Payments, $773,151 in fiscal year 2006 and $773,151 in | 95841 |
| fiscal year 2007 shall be used to provide these payments. | 95842 |
| SAFETY AND HYGIENE | 95843 |
| Notwithstanding section 4121.37 of the Revised Code, the | 95844 |
| Administrator of Workers' Compensation shall transfer moneys from | 95845 |
| the State Insurance Fund so that appropriation item 855-609, | 95846 |
| Safety and Hygiene Operating, is provided $20,130,820 in fiscal | 95847 |
| year 2006 and $20,130,820 in fiscal year 2007. | 95848 |
| LONG-TERM CARE LOAN FUND | 95849 |
| Upon the request of the Administrator of the Bureau of | 95850 |
| Workers' Compensation and with the advice and consent of the | 95851 |
| Bureau of Workers' Compensation Oversight Commission, the Director | 95852 |
| of Budget and Management shall transfer cash in the amounts | 95853 |
| requested from the Safety and Hygiene Operating Fund (Fund 826) to | 95854 |
| the Long-Term Care Loan Fund (Fund 829) created in section 4121.48 | 95855 |
| of the Revised Code. The amounts transferred are hereby | 95856 |
| appropriated. | 95857 |
| OSHA ON-SITE CONSULTATION PROGRAM | 95858 |
| The Bureau of Workers' Compensation may designate a portion | 95859 |
| of appropriation item 855-609, Safety and Hygiene Operating, to be | 95860 |
| used to match federal funding for the federal Occupational Safety | 95861 |
| and Health Administration's (OSHA) on-site consultation program. | 95862 |
| VOCATIONAL REHABILITATION | 95863 |
| The Bureau of Workers' Compensation and the Rehabilitation | 95864 |
| Services Commission shall enter into an interagency agreement for | 95865 |
| the provision of vocational rehabilitation services and staff to | 95866 |
| mutually eligible clients. The bureau shall provide $587,774 in | 95867 |
| fiscal year 2006 and $605,407 in fiscal year 2007 from the State | 95868 |
| Insurance Fund to fund vocational rehabilitation services and | 95869 |
| staff in accordance with the interagency agreement. | 95870 |
| FUND BALANCE | 95871 |
| Any unencumbered cash balance in excess of $45,000,000 in the | 95872 |
| Workers' Compensation Fund (Fund 023) on the thirtieth day of June | 95873 |
| of each fiscal year shall be used to reduce the administrative | 95874 |
| cost rate charged to employers to cover appropriations for Bureau | 95875 |
| of Workers' Compensation operations. | 95876 |
| OSHA ENFORCEMENT FUND TRANSFER | 95877 |
| On July 1, 2005, or as soon thereafter as possible, the | 95878 |
| Director of Budget and Management shall transfer the OSHA | 95879 |
| Enforcement Fund (Fund 349) from the Department of Commerce to the | 95880 |
| Bureau of Workers' Compensation. At the request of the Director of | 95881 |
| the Department of Commerce, the Director of Budget and Management | 95882 |
| may cancel encumbrances in this fund from appropriation item | 95883 |
| 800-626, OSHA Enforcement, within the budget of the Department of | 95884 |
| Commerce, and reestablish those encumbrances or parts of those | 95885 |
| encumbrances in fiscal year 2006 for the same purpose and to the | 95886 |
| same vendor to appropriation item 855-601, OSHA Enforcement, | 95887 |
| within the budget of the Bureau of Workers' Compensation. As | 95888 |
| determined by the Director of Budget and Management, the | 95889 |
| appropriation authority necessary to reestablish encumbrances or | 95890 |
| parts of encumbrances in fiscal year 2006 for the Bureau of | 95891 |
| Workers' Compensation is hereby granted. | 95892 |
| Section 401.08. That existing Section 3 of Am. H.B. 67 of the | 95893 |
| 126th General Assembly is hereby repealed. | 95894 |
| Section 401.11. That Sections 203.03.09, 203.03.10, and | 95895 |
| 203.06.15 of Am. Sub. H.B. 68 of the 126th General Assembly be | 95896 |
| amended to read as follows: | 95897 |
| Sec. 203.03.09. PUBLIC ACCESS ROADS FOR STATE FACILITIES | 95898 |
| Of the foregoing appropriation item 772-421, Highway | 95899 |
|
Construction
- State, | 95900 |
| fiscal year during the fiscal year 2006-2007 biennium by the | 95901 |
| Department of Transportation for the construction, reconstruction, | 95902 |
| or maintenance of public access roads, including support features, | 95903 |
| to and within state facilities owned or operated by the Department | 95904 |
| of Natural
Resources | 95905 |
| 95906 |
| Notwithstanding section 5511.06 of the Revised Code, of the | 95907 |
| foregoing appropriation item 772-421, Highway Construction - | 95908 |
| State, $2,228,000 in each fiscal year of the fiscal year 2006-2007 | 95909 |
| biennium shall be used by the Department of Transportation for the | 95910 |
| construction, reconstruction, or maintenance of park drives or | 95911 |
| park roads within the boundaries of metropolitan parks. | 95912 |
| Included in the foregoing appropriation item 772-421, Highway | 95913 |
| Construction - State, the department may perform related road work | 95914 |
| on behalf of the Ohio Expositions Commission at the state | 95915 |
| fairgrounds, including reconstruction or maintenance of public | 95916 |
| access roads and support features, to and within fairground | 95917 |
| facilities as requested by the commission and approved by the | 95918 |
| Director of Transportation. | 95919 |
| LIQUIDATION OF UNFORESEEN LIABILITIES | 95920 |
| Any appropriation made to the Department of Transportation, | 95921 |
| Highway Operating Fund, not otherwise restricted by law, is | 95922 |
| available to liquidate unforeseen liabilities arising from | 95923 |
| contractual agreements of prior years when the prior year | 95924 |
| encumbrance is insufficient. | 95925 |
| Sec. 203.03.10. PREVENTIVE MAINTENANCE | 95926 |
| The Department of Transportation shall contract with an | 95927 |
| independent party to | 95928 |
| issue a report on the effectiveness and progress of preventive | 95929 |
| maintenance projects | 95930 |
| Thereafter, the Department shall issue a yearly report on or | 95931 |
| before the first day of December for three consecutive years | 95932 |
| 95933 |
| | 95934 |
| actual and planned pavement preventive maintenance activities. The | 95935 |
| data shall include the following: (1) the total number of lane | 95936 |
| miles receiving preventive maintenance treatment, by treatment | 95937 |
| type and highway system category; (2) the total number of lane | 95938 |
| miles programmed to receive treatment; (3) the actual costs of the | 95939 |
| pavement preventive maintenance activities per lane mile, by | 95940 |
| treatment type and highway system category; (4) the total number | 95941 |
| of lane miles rehabilitated or reconstructed; and (5) the actual | 95942 |
| cost per lane mile of rehabilitated or reconstructed highway, by | 95943 |
| highway system category. | 95944 |
| Sec. 203.06.15. EMERGENCY MANAGEMENT | 95945 |
| Federal Special Revenue Fund Group | 95946 |
| 3N5 | 763-644 | U.S. DOE Agreement | $ | 275,000 | $ | 275,000 | 95947 | ||||
| 329 | 763-645 | Federal Mitigation Program | $ | 303,504 | $ | 303,504 | 95948 | ||||
| 337 | 763-609 | Federal Disaster Relief | $ | 27,269,140 | $ | 27,280,000 | 95949 | ||||
| 339 | 763-647 | Emergency Management Assistance and Training | $ | 129,622,000 | $ | 129,622,000 | 95950 | ||||
| TOTAL FED Federal Special | 95951 | ||||||||||
| Revenue Fund Group | $ | 157,469,644 | $ | 157,480,504 | 95952 | ||||||
| State Special Revenue Fund Group | 95953 |
| 4V3 | 763-662 | EMA Service and Reimbursement | $ | 696,446 | $ | 696,446 | 95954 | ||||
| 657 | 763-652 | Utility Radiological Safety | $ | 1,260,000 | $ | 1,260,000 | 95955 | ||||
| 681 | 763-653 | SARA Title III HAZMAT Planning | $ | 271,510 | $ | 271,510 | 95956 | ||||
| TOTAL SSR State Special Revenue | 95957 | ||||||||||
| Fund Group | $ | 2,227,956 | $ | 2,227,956 | 95958 | ||||||
| TOTAL ALL BUDGET FUND GROUPS - | 95959 | ||||||||||
| Emergency Management | $ | 159,697,600 | $ | 159,708,460 | 95960 | ||||||
| FEDERAL MITIGATION PROGRAM | 95961 |
| The fund created by the Controlling Board known as the | 95962 |
| Disaster | 95963 |
| the Federal Mitigation Program Fund, and shall be used to plan and | 95964 |
| mitigate against future disaster costs. | 95965 |
| The appropriation item 763-645, heretofore known as | 95966 |
| Individual/Family Grant - Fed, is hereafter known as Federal | 95967 |
| Mitigation Program, and shall be used to plan and mitigate against | 95968 |
| future disaster costs. | 95969 |
| STATE DISASTER RELIEF | 95970 |
| The appropriation item 763-601, State Disaster Relief, may | 95971 |
| accept transfers of cash and appropriations from Controlling Board | 95972 |
| appropriation items to reimburse eligible local governments and | 95973 |
| private nonprofit organizations for costs related to disasters | 95974 |
| that have been declared by local governments or the Governor. The | 95975 |
| Ohio Emergency Management Agency shall publish and make available | 95976 |
| an application packet outlining eligible items and application | 95977 |
| procedures for entities requesting state disaster relief. | 95978 |
| Individuals may be eligible for reimbursement of costs | 95979 |
| related to disasters that have been declared by the Governor and | 95980 |
| the Small Business Administration. The funding in appropriation | 95981 |
| item 763-601, State Disaster Relief, shall be used in accordance | 95982 |
| with the principles of the federal Individual and Family Grant | 95983 |
| Program, which provides grants to households that have been | 95984 |
| affected by a disaster to replace basic living items. The Ohio | 95985 |
| Emergency Management Agency shall publish and make available an | 95986 |
| application procedure for individuals requesting assistance under | 95987 |
| the state Individual Assistance Program. | 95988 |
| SARA TITLE III HAZMAT PLANNING | 95989 |
| The SARA Title III HAZMAT Planning Fund (Fund 681) is | 95990 |
| entitled to receive grant funds from the Emergency Response | 95991 |
| Commission to implement the Emergency Management Agency's | 95992 |
| responsibilities under Chapter 3750. of the Revised Code. | 95993 |
| Section 401.12. That existing Sections 203.03.09, 203.03.10, | 95994 |
| and 203.06.15 of Am. Sub. H.B. 68 of the 126th General Assembly | 95995 |
| are hereby repealed. | 95996 |
| Section 401.13. Notwithstanding section 5511.05 of the | 95997 |
| Revised Code, the Director of Transportation shall confer with the | 95998 |
| Director of Natural Resources in fiscal years 2006 and 2007 | 95999 |
| concerning the establishment, construction, reconstruction, | 96000 |
| improvement, repair, and maintenance of all roads and bridges | 96001 |
| within the boundaries of all state parks, including all such parks | 96002 |
| and properties under the control and custody of the Department of | 96003 |
| Natural Resources. After conferring with the Director of Natural | 96004 |
| Resources, the Director of Transportation shall establish, | 96005 |
| construct, reconstruct, improve, repair, and maintain all such | 96006 |
| roads and bridges. $5,000,000 shall be expended to establish, | 96007 |
| construct, reconstruct, improve, repair, and maintain all such | 96008 |
| roads and bridges in each fiscal year. | 96009 |
| Section 403.01. That Section 14 of Sub. H.B. 434 of the 125th | 96010 |
| General Assembly be amended to read as follows: | 96011 |
| Sec. 14. | 96012 |
| Tobacco Master Settlement Agreement Fund Group | 96013 |
| S87 | Education Technology Trust Fund | $ | 9,277,865 | $ | 6,274,109 | 96014 | |||||
| TOTAL TSF Tobacco Master | 96015 | ||||||||||
| Settlement Agreement Fund | 96016 | ||||||||||
| Group | $ | 9,277,865 | $ | 6,274,109 | 96017 | ||||||
| TOTAL ALL BUDGET FUND GROUPS | $ | 9,277,865 | $ | 6,274,109 | 96018 | ||||||
| SCHOOLNET PLUS | 96019 |
| | 96020 |
| 96021 | |
| 96022 | |
| 96023 | |
| 96024 | |
| 96025 |
| Upon completion of the SchoolNet Plus Grant Program for the | 96026 |
| seventh grade, | 96027 |
| distribute SchoolNet Plus Grants to qualifying school districts in | 96028 |
| fiscal year 2006 to establish and equip at least one interactive | 96029 |
| computer workstation for each five children enrolled in the eighth | 96030 |
| grade as reported by school districts pursuant to division (A) of | 96031 |
| section 3317.03 of the Revised Code. | 96032 |
| Districts in the first two quartiles of wealth shall receive | 96033 |
| up to $275 per pupil for students in the targeted grade to | 96034 |
| purchase classroom computers. Districts in the third and fourth | 96035 |
| quartiles shall receive up to $105 per pupil in the targeted | 96036 |
| grade. If a district has met the state's goal of one computer to | 96037 |
| every five students in the targeted grade, the district may use | 96038 |
| the funds provided through SchoolNet Plus to purchase computers | 96039 |
| for successive grades or to fulfill educational technology needs | 96040 |
| in other grades as specified in the district's technology plan. | 96041 |
| Section 403.02. That existing Section 14 of Sub. H.B. 434 of | 96042 |
| the 125th General Assembly is hereby repealed. | 96043 |
| Section 403.05. That Section 4 of Am. Sub. H.B. 516 of the | 96044 |
| 125th General Assembly be amended to read as follows: | 96045 |
| Sec. 4. The following agencies shall be retained pursuant to | 96046 |
| division (D) of section 101.83 of the Revised Code and shall | 96047 |
| expire on December 31, 2010: | 96048 |
| REVISED CODE OR | 96049 | ||||
| UNCODIFIED | 96050 | ||||
| AGENCY NAME | SECTION | 96051 |
| Administrator, Interstate Compact on Mental Health | 5119.50 | 96052 | ||
| Administrator, Interstate Compact on | 5103.20 | 96053 | ||
| Placement of Children | 96054 | |||
| Advisory Board of Governor's Office of Faith-Based and Community Initiatives | 107.12 | 96055 | ||
| Advisory Boards to the EPA for Air Pollution | 121.13 | 96056 | ||
| Advisory Boards to the EPA for Water Pollution | 121.13 | 96057 | ||
| Advisory Committee of the State Veterinary Medical Licensing Board | 4741.03(D)(3) | 96058 | ||
| Advisory Committee on Livestock Exhibitions | 901.71 | 96059 | ||
| Advisory Council on Amusement Ride Safety | 1711.51 | 96060 | ||
| Advisory Board of Directors for Prison Labor | 5145.162 | 96061 | ||
| Advisory Council for Each Wild, Scenic, or Recreational River Area | 1517.18 | 96062 | ||
| Advisory Councils or Boards for State Departments | 107.18 or 121.13 | 96063 | ||
| Advisory Group to the Ohio Water Resources Council | 1521.19(C) | 96064 | ||
| Alzheimer's Disease Task Force | 173.04(F) | 96065 | ||
| AMBER Alert Advisory Committee | 5502.521 | 96066 | ||
| Apprenticeship Council | 4139.02 | 96067 | ||
| Armory Board of Control | 5911.09 | 96068 | ||
| Automated Title Processing Board | 4505.09(C)(1) | 96069 | ||
| Banking Commission | 1123.01 | 96070 | ||
| Board of Directors of the Ohio Health Reinsurance Program | 3924.08 | 96071 | ||
| Board of Voting Machine Examiners | 3506.05(B) | 96072 | ||
| Board of Tax Appeals | 5703.02 | 96073 | ||
| Brain Injury Advisory Committee | 3304.231 | 96074 | ||
| Capitol Square Review and Advisory Board | 105.41 | 96075 | ||
| Child Support Guideline Advisory Council | 3119.024 | 96076 | ||
| Children's Trust Fund Board | 3109.15 | 96077 | ||
| Citizens Advisory Committee (BMV) | 4501.025 | 96078 | ||
| Citizen's Advisory Councils (Dept. of Mental Retardation and Developmental Disabilities) | 5123.092 | 96079 | ||
| Clean Ohio Trail Advisory Board | 1519.06 | 96080 | ||
| Coastal Resources Advisory Council | 1506.12 | 96081 | ||
| Commission on African-American Males | 4112.12 | 96082 | ||
| Commission on Hispanic-Latino Affairs | 121.31 | 96083 | ||
| Commission on Minority Health | 3701.78 | 96084 | ||
| Committee on Prescriptive Governance | 4723.49 | 96085 | ||
| Commodity Advisory Commission | 926.32 | 96086 | ||
| Community Mental Retardation and Developmental Disabilities Trust Fund Advisory Council | 5123.353 | 96087 | ||
| Community Oversight Council | 3311.77 | 96088 | ||
| Compassionate Care Task Force | Section 3, H.B. 474, 124th GA | 96089 | ||
| 96090 | ||||
| Continuing Education Committee (for Sheriffs) | 109.80 | 96091 | ||
| Controlling Board | 127.12 | 96092 | ||
| Coordinating Committee, Agricultural Commodity Marketing Programs | 924.14 | 96093 | ||
| Council on Alcohol and Drug Addiction Services | 3793.09 | 96094 | ||
| Council on Unreclaimed Strip Mined Lands | 1513.29 | 96095 | ||
| Council to Advise on the Establishment and Implementation of the Birth Defects Information System | 3705.34 | 96096 | ||
| County Sheriffs' Standard Car-Marking and Uniform Commission | 311.25 | 96097 | ||
| Credit Union Council | 1733.329 | 96098 | ||
| Criminal Sentencing Advisory Committee | 181.22 | 96099 | ||
| Day-Care Advisory Council | 5104.08 | 96100 | ||
| Dentist Loan Repayment Advisory Board | 3702.92 | 96101 | ||
| Development Financing Advisory Council | 122.40 | 96102 | ||
| Education Commission of the States (Interstate Compact for Education) | 3301.48 | 96103 | ||
| Electrical Safety Inspector Advisory Committee | 3783.08 | 96104 | ||
| Emergency Response Commission | 3750.02 | 96105 | ||
| Engineering Experiment Station Advisory Committee | 3335.27 | 96106 | ||
| Environmental Education Council | 3745.21 | 96107 | ||
| Environmental Review Appeals Commission | 3745.02 | 96108 | ||
| EPA Advisory Boards or Councils | 121.13 | 96109 | ||
| Farmland Preservation Advisory Board | 901.23 | 96110 | ||
| Financial Planning & Supervision Commission for Municipal Corporation, County, or Township | 118.05 | 96111 | ||
| Financial Planning & Supervision Commission for School District | 3316.05 | 96112 | ||
| Forestry Advisory Council | 1503.40 | 96113 | ||
| Governance Authority for a State University or College | 3345.75 | 96114 | ||
| Governor's Advisory Council on Physical Fitness, Wellness, & Sports | 3701.77 | 96115 | ||
| Governor's Council on People with Disabilities | 3303.41 | 96116 | ||
| Governor's Residence Advisory Commission | 107.40 | 96117 | ||
| Great Lakes Commission (Great Lakes Basin Compact) | 6161.01 | 96118 | ||
| Gubernatorial Transition Committee | 107.29 | 96119 | ||
| Head Start Partnership Study Council | Section 41.35, H.B. 95, 125th GA | 96120 | ||
| Hemophilia Advisory Subcommittee | 3701.0210 | 96121 | ||
| Housing Trust Fund Advisory Committee | 175.25 | 96122 | ||
| Industrial Commission Nominating Council | 4121.04 | 96123 | ||
| Industrial Technology and Enterprise Advisory Council | 122.29 | 96124 | ||
| Infant Hearing Screening Subcommittee | 3701.507 | 96125 | ||
| Insurance Agent Education Advisory Council | 3905.483 | 96126 | ||
| Interagency Council on Hispanic/Latino Affairs | 121.32(J) | 96127 | ||
| Interstate Mining Commission (Interstate Mining Compact) | 1514.30 | 96128 | ||
| Interstate Rail Passenger Advisory Council (Interstate High Speed Intercity Rail Passenger Network Compact) | 4981.35 | 96129 | ||
| Joint Council on MR/DD | 101.37 | 96130 | ||
| Joint Select Committee on Volume Cap | 133.021 | 96131 | ||
| Labor-Management Government Advisory Council | 4121.70 | 96132 | ||
| Legal Rights Service Commission | 5123.60 | 96133 | ||
| Legislative Task Force on Redistricting, Reapportionment, and Demographic Research | 103.51 | 96134 | ||
| Maternal and Child Health Council | 3701.025 | 96135 | ||
| Medically Handicapped Children's Medical Advisory Council | 3701.025 | 96136 | ||
| Midwest Interstate Passenger Rail Compact Commission (Ohio members) | 4981.361 | 96137 | ||
| Military Activation Task Force | 5902.15 | 96138 | ||
| Milk Sanitation Board | 917.03 | 96139 | ||
| Mine Subsidence Insurance Governing Board | 3929.51 | 96140 | ||
| Minority Development Financing Board | 122.72 | 96141 | ||
| Multi-Agency Radio Communications Systems Steering Committee | Sec. 21, H.B. 790, 120th GA | 96142 | ||
| Multidisciplinary Council | 3746.03 | 96143 | ||
| Muskingum River Advisory Council | 1501.25 | 96144 | ||
| National Museum of Afro-American History and Culture Planning Committee | 149.303 | 96145 | ||
| 96146 | ||||
| Ohio Advisory Council for the Aging | 173.03 | 96147 | ||
| Ohio Aerospace & Defense Advisory Council | 122.98 | 96148 | ||
| Ohio Arts Council | 3379.02 | 96149 | ||
| Ohio Business Gateway Steering Committee | 5703.57 | 96150 | ||
| Ohio Cemetery Dispute Resolution Commission | 4767.05 | 96151 | ||
| Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils | 4112.04(B) | 96152 | ||
| Ohio Commercial Insurance Joint Underwriting Association Board Of Governors | 3930.03 | 96153 | ||
| Ohio Commercial Market Assistance Plan Executive Committee | 3930.02 | 96154 | ||
| Ohio Commission on Dispute Resolution and Conflict Management | 179.02 | 96155 | ||
| Ohio Commission to Reform Medicaid | Section 59.29, H.B. 95, 125th GA | 96156 | ||
| Ohio Community Service Council | 121.40 | 96157 | ||
| Ohio Council for Interstate Adult Offender Supervision | 5149.22 | 96158 | ||
| Ohio Cultural Facilities Commission | 3383.02 | 96159 | ||
| Ohio Developmental Disabilities Council | 5123.35 | 96160 | ||
| 96161 | ||||
| Ohio Ethics Commission | 102.05 | 96162 | ||
| Ohio Expositions Commission | 991.02 | 96163 | ||
| Ohio Family and Children First Cabinet Council | 121.37 | 96164 | ||
| Ohio Geology Advisory Council | 1505.11 | 96165 | ||
| Ohio Grape Industries Committee | 924.51 | 96166 | ||
| Ohio Hepatitis C Advisory Commission | 3701.92 | 96167 | ||
| Ohio Historic Site Preservation Advisory Board | 149.301 | 96168 | ||
| Ohio Historical Society Board of Trustees | 149.30 | 96169 | ||
| Ohio Judicial Conference | 105.91 | 96170 | ||
| Ohio Lake Erie Commission | 1506.21 | 96171 | ||
| Ohio Medical Malpractice Commission | Section 4, S.B. 281, 124th GA and Section 3, S.B. 86, 125th GA | 96172 | ||
| Ohio Medical Quality Foundation | 3701.89 | 96173 | ||
| Ohio Parks and Recreation Council | 1541.40 | 96174 | ||
| Ohio Peace Officer Training Commission | 109.71 | 96175 | ||
| Ohio Public Defender Commission | 120.01 | 96176 | ||
| Ohio Public Library Information Network Board | Sec. 69, H.B. 117, 121st GA, as amended by H.B. 284, 121st GA | 96177 | ||
| Ohio Public Works Commission | 164.02 | 96178 | ||
| Ohio Quarter Horse Development Commission | 3769.086 | 96179 | ||
| 96180 | ||||
| Ohio Small Government Capital Improvements Commission | 164.02 | 96181 | ||
| Ohio Soil and Water Conservation Commission | 1515.02 | 96182 | ||
| Ohio Standardbred Development Commission | 3769.085 | 96183 | ||
| Ohio Steel Industry Advisory Council | 122.97 | 96184 | ||
| Ohio Teacher Education and Licensure Advisory Council | 3319.28(D) | 96185 | ||
| Ohio Thoroughbred Racing Advisory Committee | 3769.084 | 96186 | ||
| Ohio Tuition Trust Authority | 3334.03 | 96187 | ||
| Ohio University College of Osteopathic Medicine Advisory Committee | 3337.10 | 96188 | ||
| Ohio Vendors Representative Committee | 3304.34 | 96189 | ||
| Ohio War Orphans Scholarship Board | 5910.02 | 96190 | ||
| Ohio Water Advisory Council | 1521.031 | 96191 | ||
| Ohio Water Resources Council | 1521.19 | 96192 | ||
| Ohioana Library Association, Martha Kinney Cooper Memorial | 3375.62 | 96193 | ||
| Oil and Gas Commission | 1509.35 | 96194 | ||
| Operating Committee, Agricultural Commodity Marketing Programs | 924.07 | 96195 | ||
| Organized Crime Investigations Commission | 177.01 | 96196 | ||
| Parole Board | 5149.10 | 96197 | ||
| Pharmacy and Therapeutics Committee of the Dept. of Job and Family Services | 5111.81 | 96198 | ||
| Physician Loan Repayment Advisory Board | 3702.81 | 96199 | ||
| Power Siting Board | 4906.02 | 96200 | ||
| Prequalification Review Board | 5525.07 | 96201 | ||
| Private Water Systems Advisory Council | 3701.346 | 96202 | ||
| Public Employment Risk Reduction Advisory Commission | 4167.02 | 96203 | ||
| Public Health Council | 3701.33 | 96204 | ||
| Public Utilities Commission Nominating Council | 4901.021 | 96205 | ||
| Public Utility Property Tax Study Committee | 5727.85 | 96206 | ||
| Radiation Advisory Council | 3748.20 | 96207 | ||
| Reclamation Commission | 1513.05 | 96208 | ||
| Recreation and Resources Commission | 1501.04 | 96209 | ||
| Recycling and Litter Prevention Advisory Council | 1502.04 | 96210 | ||
| Rehabilitation Services Commission Consumer Advisory Committee | 3304.24 | 96211 | ||
| Release Authority of Department of Youth Services | 5139.50 | 96212 | ||
| Savings & Loans Associations & Savings Banks Board | 1181.16 | 96213 | ||
| Schools and Ministerial Lands Divestiture Committee | 501.041 | 96214 | ||
| Second Chance Trust Fund Advisory Committee | 2108.17 | 96215 | ||
| Self-Insuring Employers Evaluation Board | 4123.352 | 96216 | ||
| Services Committee of the Workers' Compensation System | 4121.06 | 96217 | ||
| Small Business Stationary Source Technical and Environmental Compliance Assistance Council | 3704.19 | 96218 | ||
| Solid Waste Management Advisory Council | 3734.51 | 96219 | ||
| State Agency Coordinating Group | 1521.19 | 96220 | ||
| State Board of Deposit | 135.02 | 96221 | ||
| State Board of Emergency Medical Services Subcommittees | 4765.04 | 96222 | ||
| State Council of Uniform State Laws | 105.21 | 96223 | ||
| State Committee for the Purchase of Products and Services Provided by Persons with Severe Disabilities | 4115.32 | 96224 | ||
| State Criminal Sentencing Commission | 181.21 | 96225 | ||
| State Employment Relations Board | 4117.02 | 96226 | ||
| State Fire Commission | 3737.81 | 96227 | ||
| State Racing Commission | 3769.02 | 96228 | ||
| State Victims Assistance Advisory Committee | 109.91 | 96229 | ||
| Student Tuition Recovery Authority | 3332.081 | 96230 | ||
| Tax Credit Authority | 122.17 | 96231 | ||
| Technical Advisory Committee to Assist the Director of the Ohio Coal Development Office | 1551.35 | 96232 | ||
| Technical Advisory Council on Oil and Gas | 1509.38 | 96233 | ||
| Transportation Review Advisory Council | 5512.07 | 96234 | ||
| Unemployment Compensation Review Commission | 4141.06 | 96235 | ||
| Unemployment Compensation Advisory Council | 4141.08 | 96236 | ||
| Utility Radiological Safety Board | 4937.02 | 96237 | ||
| Vehicle Management Commission | 125.833 | 96238 | ||
| Veterans Advisory Committee | 5902.02(K) | 96239 | ||
| Volunteer Fire Fighters' Dependents Fund Boards (Private and Public) | 146.02 | 96240 | ||
| Water and Sewer Commission | 1525.11(C) | 96241 | ||
| Waterways Safety Council | 1547.73 | 96242 | ||
| Wildlife Council | 1531.03 | 96243 | ||
| Workers' Compensation System Oversight Commission | 4121.12 | 96244 | ||
| Workers' Compensation Oversight Commission Nominating Committee | 4121.123 | 96245 |
| Section 403.06. That existing Section 4 of Am. Sub. H.B. 516 | 96246 |
| of the 125th General Assembly is hereby repealed. | 96247 |
| Section 403.10.01. That Section 26.01 of Am. Sub. S.B. 189 of | 96248 |
| the 125th General Assembly be amended to read as follows: | 96249 |
| Reappropriations |
| Sec. 26.01. | 96250 |
| 96251 |
| CAP-001 | Educational Television and Radio Equipment | $ | 96252 | ||||
| CAP-002 | Educational Broadcasting Fiber Optic Network | $ | 51,748 | 96253 | |||
| Total |
$ | 96254 | |||||
| EDUCATIONAL TELEVISION AND RADIO EQUIPMENT | 96255 |
| The foregoing appropriation item CAP-001, Educational | 96256 |
| Television and Radio Equipment, shall be used to provide | 96257 |
| broadcasting, transmission, and production equipment to Ohio | 96258 |
| public radio and television stations, radio reading services, and | 96259 |
| 96260 | |
| Ohio. | 96261 |
| EDUCATIONAL BROADCASTING FIBER OPTIC NETWORK | 96262 |
| The foregoing appropriation item CAP-002, Educational | 96263 |
| Broadcasting Fiber Optic Network, shall be used to link the Ohio | 96264 |
| public radio and television stations, radio reading services, and | 96265 |
| 96266 | |
| reception and transmission of digital communications through fiber | 96267 |
| optic cable or other technology. | 96268 |
| Section 403.10.02. That existing Section 26.01 of Am. Sub. | 96269 |
| S.B. 189 of the 125th General Assembly is hereby repealed. | 96270 |
| Section 403.07. That Section 74 of Am. Sub. S.B. 189 of the | 96271 |
| 125th General Assembly be amended to read as follows: | 96272 |
| Sec. 74. Not later than June 30, | 96273 |
| Mental Health shall revise rule 5122-29-06 of the Administrative | 96274 |
| Code regarding the certification standards for the | 96275 |
| partial-hospitalization community mental health service. As part | 96276 |
| of the revision, the Director shall address client eligibility | 96277 |
| criteria. | 96278 |
| Section 403.08. That existing Section 74 of Am. Sub. S.B. 189 | 96279 |
| of the 125th General Assembly is hereby repealed. | 96280 |
| Section 403.09. That Section 22 of Am. Sub. S.B. 189 of the | 96281 |
| 125th General Assembly, as amended by Am. Sub. H.B. 16 of the | 96282 |
| 126th General Assembly, be amended to read as follows: | 96283 |
| Sec. 22. All items set forth in this section are hereby | 96284 |
| appropriated out of any moneys in the state treasury to the credit | 96285 |
| of the Cultural and Sports Facilities Building Fund (Fund 030) | 96286 |
| that are not otherwise appropriated: | 96287 |
| Reappropriations |
| 96288 |
| CAP-003 | Center of Science and Industry - Toledo | $ | 12,268 | 96289 | |||
| CAP-004 | Valentine Theatre | $ | 1,111 | 96290 | |||
| CAP-005 | Center of Science and Industry - Columbus | $ | 181,636 | 96291 | |||
| CAP-010 | Sandusky State Theatre Improvements | $ | 1,000,000 | 96292 | |||
| CAP-017 | Zion Center of the National Afro-American Museum | $ | 488,232 | 96293 | |||
| CAP-021 | Ohio Historical Center - Archives and Library Shelving | $ | 2,395 | 96294 | |||
| CAP-033 | Woodward Opera House Renovation | $ | 1,050,000 | 96295 | |||
| CAP-037 | Canton Palace Theatre Renovations | $ | 1,066,126 | 96296 | |||
| CAP-038 | Center Exhibit Replacement | $ | 750,000 | 96297 | |||
| CAP-042 | Statewide Site Exhibit/Renovation & Construction | $ | 625,000 | 96298 | |||
| CAP-043 | Statewide Site Repairs | $ | 454,000 | 96299 | |||
| CAP-046 | Cincinnati Museum Center Improvements | $ | 500,000 | 96300 | |||
| CAP-052 | Akron Art Museum | $ | 6,634,666 | 96301 | |||
| CAP-053 | Powers Auditorium Improvements | $ | 200,000 | 96302 | |||
| CAP-055 | Waco Museum & Aviation Learning Center | $ | 500,000 | 96303 | |||
| CAP-057 | Comprehensive Master Plan | $ | 180,000 | 96304 | |||
| CAP-058 | Cedar Bog Nature Preserve Education Center | $ | 766,200 | 96305 | |||
| CAP-061 | Statewide Arts Facilities Planning | $ | 35,931 | 96306 | |||
| CAP-063 | Robins Theatre Renovations | $ | 1,000,000 | 96307 | |||
| CAP-064 | Bramley Historic House | $ | 75,000 | 96308 | |||
| CAP-066 | Delaware County Cultural Arts Center | $ | 40,000 | 96309 | |||
| CAP-068 | Perry County Historical Society | $ | 100,000 | 96310 | |||
| CAP-069 | Cleveland Institute of Art | $ | 750,000 | 96311 | |||
| CAP-071 | Cleveland Institute of Music | $ | 750,000 | 96312 | |||
| CAP-072 | West Side Arts Consortium | $ | 138,000 | 96313 | |||
| CAP-074 | Stan Hywet Hall & Gardens | $ | 250,000 | 96314 | |||
| CAP-075 | McKinley Museum Improvements | $ | 125,000 | 96315 | |||
| CAP-076 | Spring Hill Historic Home | $ | 125,000 | 96316 | |||
| CAP-077 | Western Reserve Ballet Improvements | $ | 100,000 | 96317 | |||
| CAP-078 | Midland Theatre | $ | 175,000 | 96318 | |||
| CAP-079 | Lorain Palace Civic Theatre | $ | 200,000 | 96319 | |||
| CAP-080 | Great Lakes Historical Society | $ | 150,000 | 96320 | |||
| CAP-734 | Hayes Presidential Center | $ | 75,000 | 96321 | |||
| CAP-745 | Historic Sites and Museums | $ | 750,000 | 96322 | |||
| CAP-753 | Buffington Island State Memorial | $ | 91,500 | 96323 | |||
| CAP-770 | Serpent Mound State Memorial | $ | 295,000 | 96324 | |||
| CAP-784 | Ohio Historical Center Rehabilitation | $ | 673,700 | 96325 | |||
| CAP-786 | Piqua/Ft Picakawillany Acquisition and Improvements | $ | 136,000 | 96326 | |||
| CAP-789 | Neil Armstrong Air and Space Museum Improvements | $ | 103,516 | 96327 | |||
| CAP-791 | Harrison Tomb and Site Renovations | $ | 149,500 | 96328 | |||
| CAP-796 | Moundbuilders State Memorial | $ | 530,000 | 96329 | |||
| CAP-806 | Grant Boyhood Home Improvements | $ | 68,333 | 96330 | |||
| CAP-809 | Cincinnati Ballet Facility Improvements | $ | 450,000 | 96331 | |||
| CAP-810 | Toledo Museum of Art Improvements | $ | 2,000,000 | 96332 | |||
| CAP-814 | Crawford Museum of Transportation & Industry | $ | 2,500,000 | 96333 | |||
| CAP-820 | Historical Center Ohio Village Buildings | $ | 502,000 | 96334 | |||
| CAP-821 | Lorain County Historical Society | $ | 300,000 | 96335 | |||
| CAP-822 | Madison County Historic Schoolhouse | $ | 40,000 | 96336 | |||
| CAP-823 | Marion Palace Theatre | $ | 825,000 | 96337 | |||
| CAP-824 | McConnellsville Opera House | $ | 75,000 | 96338 | |||
| CAP-825 | Secrest Auditorium | $ | 75,000 | 96339 | |||
| CAP-826 | Renaissance Theatre | $ | 50,000 | 96340 | |||
| CAP-827 | Trumpet in the Land | $ | 100,000 | 96341 | |||
| 96342 | |||||||
| CAP-829 | Mid Ohio Valley Players | $ | 96343 | ||||
| CAP-830 | The Anchorage | $ | 50,000 | 96344 | |||
| CAP-831 | Wayne County Historical Society | $ | 300,000 | 96345 | |||
| CAP-833 | Promont House Museum | $ | 200,000 | 96346 | |||
| 96347 | |||||||
| CAP-837 | Lake County Historical Society | $ | 250,000 | 96348 | |||
| CAP-839 | Hancock Historical Society | $ | 75,000 | 96349 | |||
| CAP-840 | Riversouth Development | $ | 1,000,000 | 96350 | |||
| CAP-841 | Ft. Piqua Hotel | $ | 200,000 | 96351 | |||
| CAP-843 | Marina District/Ice Arena Development | $ | 4,000,000 | 96352 | |||
| Total Cultural Facilities Commission | $ | 96353 | |||||
| 34,370,114 | 96354 | ||||||
| TOTAL CULTURAL and Sports Facilities Building Fund | $ | 96355 | |||||
| 34,370,114 | 96356 | ||||||
| COSI COLUMBUS - LOCAL ADMINISTRATION OF CAPITAL PROJECT | 96357 |
| CONTRACTS | 96358 |
| Notwithstanding division (A) of section 3383.07 of the | 96359 |
| Revised Code, the Ohio Cultural Facilities Commission, with | 96360 |
| respect to the foregoing appropriation item CAP-005, Center of | 96361 |
| Science and Industry - Columbus, may administer all or part of | 96362 |
| capital facilities project contracts involving exhibit fabrication | 96363 |
| and installation as determined by the Department of Administrative | 96364 |
| Services, the Center of Science and Industry - Columbus, and the | 96365 |
| Ohio Cultural Facilities Commission in review of the project | 96366 |
| plans. The Ohio Cultural Facilities Commission shall enter into a | 96367 |
| contract with the Center of Science and Industry - Columbus to | 96368 |
| administer the exhibit fabrication and installation contracts and | 96369 |
| such contracts are not subject to Chapter 123. or 153. of the | 96370 |
| Revised Code. | 96371 |
| SPORTS FACILITIES IMPROVEMENTS - AKRON | 96372 |
| The amount reappropriated to the Cultural and Sports | 96373 |
| Facilities Building Fund (Fund 030), CAP-024, Sports Facilities | 96374 |
| Improvements - Akron, is the unallotted and unencumbered balance | 96375 |
| in the Sports Facilities Building Fund (Fund 024), CAP-024, Sports | 96376 |
| Facilities Improvements - Akron. | 96377 |
| REDS HALL OF FAME | 96378 |
| The amount reappropriated to the Cultural and Sports | 96379 |
| Facilities Building Fund (Fund 030), CAP-025, Reds Hall of Fame, | 96380 |
| is the unallotted and unencumbered balance in the Sports | 96381 |
| Facilities Building Fund (Fund 024), CAP-025, Reds Hall of Fame. | 96382 |
| AKRON ART MUSEUM | 96383 |
| The amount reappropriated for the foregoing appropriation | 96384 |
| item CAP-052, Akron Art Museum, is the unencumbered and unallotted | 96385 |
| balance as of June 30, 2004, in appropriation item CAP-052, Akron | 96386 |
| Art Museum, plus $1,634,666. | 96387 |
| RIVERSOUTH DEVELOPMENT | 96388 |
| The amount reappropriated for the foregoing appropriation | 96389 |
| item CAP-840, Riversouth Development, is the unencumbered and | 96390 |
| unallotted balance as of June 30, 2004, in appropriation item | 96391 |
| CAP-840, Riversouth Development, minus $9,000,000. | 96392 |
| MARINA DISTRICT/ICE ARENA DEVELOPMENT | 96393 |
| The amount reappropriated to the Cultural and Sports | 96394 |
| Facilities Building Fund (Fund 030), CAP-843, Marina District/Ice | 96395 |
| Arena Development, is the unallotted and unencumbered balance in | 96396 |
| the Sports Facilities Building Fund (Fund 024), CAP-073, Marina | 96397 |
| District/Ice Arena Development. | 96398 |
| Section 403.10. That existing Section 22 of Am. Sub. S.B. 189 | 96399 |
| of the 125th General Assembly, as amended by Am. Sub. H.B. 16 of | 96400 |
| the 126th General Assembly, is hereby repealed. | 96401 |
| Section 403.11. That Section 3 of Am. Sub. H.B. 621 of the | 96402 |
| 122nd General Assembly, as most recently amended by Am. Sub. H.B. | 96403 |
| 95 of the 125th General Assembly, be amended to read as follows: | 96404 |
| Sec. 3. That sections 166.031, 901.80, 901.81, 901.82, and | 96405 |
| 901.83 of the Revised Code are hereby repealed, effective October | 96406 |
| 15, | 96407 |
| Section 403.12. That existing Section 3 of Am. Sub. H.B. 621 | 96408 |
| of the 122nd General Assembly, as most recently amended by Am. | 96409 |
| Sub. H.B. 95 of the 125th General Assembly, is hereby repealed. | 96410 |
| Section 403.17. That Section 153 of Am. Sub. H.B. 117 of the | 96411 |
| 121st General Assembly, as most recently amended by Am. Sub. H.B. | 96412 |
| 95 of the 125th General Assembly, be amended to read as follows: | 96413 |
| Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04, 5112.05, | 96414 |
| 5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18, | 96415 |
| 5112.19, 5112.21, and 5112.99 of the Revised Code are hereby | 96416 |
|
repealed, effective
October 16, | 96417 |
| (B) Any money remaining in the Legislative Budget Services | 96418 |
|
Fund
on
October 16, | 96419 |
| the Revised Code is repealed by division (A) of this section, | 96420 |
| shall be used solely for the purposes stated in then former | 96421 |
| section 5112.19 of the Revised Code. When all money in the | 96422 |
| Legislative Budget Services Fund has been spent after then former | 96423 |
| section 5112.19 of the Revised Code is repealed under division (A) | 96424 |
| of this section, the fund shall cease to exist. | 96425 |
| Section 403.18. That existing Section 153 of Am. Sub. H.B. | 96426 |
| 117 of the 121st General Assembly, as most recently amended by Am. | 96427 |
| Sub. H.B. 95 of the 125th General Assembly, is hereby repealed. | 96428 |
| Section 403.23. That Section 5 of Am. Sub. S.B. 50 of the | 96429 |
| 121st General Assembly, as most recently amended by Am. Sub. H.B. | 96430 |
| 95 of the 125th General Assembly, be amended to read as follows: | 96431 |
| Sec. 5. Sections 3 and 4 of Am. Sub. S.B. 50 of the 121st | 96432 |
|
General Assembly shall take effect
July 1,
| 96433 |
| Section 403.24. That existing Section 5 of Am. Sub. S.B. 50 | 96434 |
| of the 121st General Assembly, as most recently amended by Am. | 96435 |
| Sub. H.B. 95 of the 125th General Assembly is hereby repealed. | 96436 |
| * Section 490.03. That Section 59.19 of Am. Sub. H.B. 95 of | 96437 |
| the 125th General Assembly is hereby repealed. | 96438 |
| * Section 490.04. Section 89.17 of Am. Sub. H.B. 95 of the | 96439 |
| 125th General Assembly is hereby repealed. | 96440 |
| Section 490.06. That Section 147 of Am. Sub. H.B. 95 of the | 96441 |
| 125th General Assembly is hereby repealed. | 96442 |
| * Section 502.01. Nothing in this act shall affect the term | 96443 |
| of any member of the workers' compensation oversight commission | 96444 |
| serving on the effective date of this act. | 96445 |
| In accordance with section 4121.12 of the Revised Code as | 96446 |
| amended by this act, the Treasurer of State shall appoint a person | 96447 |
| to serve as an investment expert member of the Workers' | 96448 |
| Compensation Oversight Commission and the President of the Senate | 96449 |
| and the Speaker of the House of Representatives jointly shall | 96450 |
| appoint a person to serve as an investment expert member of the | 96451 |
| Oversight Commission not later than ninety days after the | 96452 |
| effective date of this section, and those persons shall take | 96453 |
| office not later than ninety days after the effective date of this | 96454 |
| section. The Treasurer and the President and Speaker shall appoint | 96455 |
| those members to a term ending September 1, 2008. | 96456 |
| * Section 502.02. Within thirty days after the effective date | 96457 |
| of section 4121.12 of the Revised Code as amended by this act, the | 96458 |
| workers' compensation oversight commission shall adopt new | 96459 |
| objectives, criteria, and policies for the investment program of | 96460 |
| the bureau of workers' compensation that complies with the | 96461 |
| requirements of section 4121.12 of the Revised Code as amended by | 96462 |
| this act. | 96463 |
| * Section 502.03. Within thirty days after the effective date | 96464 |
| of this section, the Workers' Compensation Oversight Commission | 96465 |
| shall submit both of the following lists to the Governor, the | 96466 |
| President of the Senate, and the Speaker of the House of | 96467 |
| Representatives: | 96468 |
| (A) A list of all of the classes of investments in which | 96469 |
| assets of funds are invested at the time the act takes effect and | 96470 |
| in which assets of funds have been invested in the twelve months | 96471 |
| immediately preceding the effective date of this act; | 96472 |
| (B) A list of all investments that are prohibited by this act | 96473 |
| in which the Administrator of Workers' Compensation has invested, | 96474 |
| and the value of each investment. | 96475 |
| The Oversight Commission shall submit to the Governor, the | 96476 |
| President of the Senate, and the Speaker of the House of | 96477 |
| Representatives, within thirty days after the effective date of | 96478 |
| this section, a plan to divest itself, within six months after the | 96479 |
| effective date of this section, of any investments that are | 96480 |
| prohibited by section 4121.12 of the Revised Code, as amended by | 96481 |
| this act. | 96482 |
| * Section 502.04. Nothing in this act shall be construed to | 96483 |
| limit the Ohio Ethics Commission's authority, responsibility, and | 96484 |
| powers under Chapter 102. of the Revised Code as it existed | 96485 |
| immediately prior to the effective date of this section as applied | 96486 |
| to members of the Workers' Compensation Oversight Commission and | 96487 |
| employees of the Bureau of Workers' Compensation. Any authority, | 96488 |
| power, or responsibilities of the Ohio Ethics Commission expressly | 96489 |
| created by this act are in addition to any authority, power, or | 96490 |
| responsibilities of the Commission in effect immediately prior to | 96491 |
| the effective date of this section. | 96492 |
| Section 503.03. As used in this section, "state agency" means | 96493 |
| the administrative departments identified in section 121.02 of the | 96494 |
| Revised Code and the bureau of workers' compensation. | 96495 |
| During 2005, the Auditor of State shall examine the | 96496 |
| compliance of each state agency with the requirements of section | 96497 |
| 131.02 of the Revised Code. The examination shall inquire into the | 96498 |
| following matters: | 96499 |
| (A) The practices and procedures used by the agency to | 96500 |
| collect claims before the claims are certified to the Attorney | 96501 |
| General as required by section 131.02 of the Revised Code; | 96502 |
| (B) The number of individuals employed by the agency or | 96503 |
| engaged under contract with the agency in 2003 and 2004 whose only | 96504 |
| or whose primary duty is to collect amounts owed to the agency; | 96505 |
| (C) For claims certified to the Attorney General under | 96506 |
| section 131.02 of the Revised Code in 2003 and 2004, the average | 96507 |
| number of days elapsing between the last day for timely payment of | 96508 |
| the claims and the day the agency certified the claim to the | 96509 |
| Attorney General. | 96510 |
| For the purposes of the examination required by this section, | 96511 |
| the Auditor of State may request a state agency to provide reports | 96512 |
| to the Auditor of State on the matters described under divisions | 96513 |
| (A), (B), and (C) of this section. State agencies shall provide | 96514 |
| such reports to the Auditor of State within 60 days after the | 96515 |
| request, but the Auditor of State may extend the time for | 96516 |
| providing the report for good cause for up to sixty days. | 96517 |
| Not later than March 31, 2006, the Auditor of State shall | 96518 |
| submit a written report of the Auditor of State's findings under | 96519 |
| this section to the Governor, the Speaker of the House of | 96520 |
| Representatives, the President of the Senate, and the Legislative | 96521 |
| Service Commission. | 96522 |
| Section 503.06. (A) There is hereby created the Task Force on | 96523 |
| Law Library Associations, consisting of thirteen members. The | 96524 |
| Speaker and Minority Leader of the House of Representatives shall | 96525 |
| each appoint one member of the House of Representatives to the | 96526 |
| Task Force. The President and Minority Leader of the Senate shall | 96527 |
| each appoint one member of the Senate to the Task Force. The Ohio | 96528 |
| Judicial Conference shall appoint three members to the Task Force, | 96529 |
| two of whom shall be judges who are members of the Conference and | 96530 |
| one of whom shall be a law librarian associated with a law library | 96531 |
| association. The County Commissioners Association of Ohio shall | 96532 |
| appoint three members to the Task Force. The Ohio State Bar | 96533 |
| Association shall appoint three members to the Task Force, two of | 96534 |
| whom shall be attorneys licensed to practice law in this state and | 96535 |
| one of whom shall be a law librarian associated with a law library | 96536 |
| association. Appointments to the Task Force shall be made by | 96537 |
| September 1, 2005. Vacancies on the Task Force shall be filled in | 96538 |
| the manner provided for original appointments. | 96539 |
| (B)(1) The Task Force shall do each of the following: | 96540 |
| (a) Gather information on and study the current state of the | 96541 |
| law library associations in this state covered by sections 3375.48 | 96542 |
| to 3375.56 of the Revised Code, with particular emphasis on the | 96543 |
| structure, funding, and administration of their law libraries, and | 96544 |
| on the effect of technology on, and access to, their law | 96545 |
| libraries; | 96546 |
| (b) Make recommendations on the structure, funding, and | 96547 |
| administration of these law libraries presently and over the next | 96548 |
| five calendar years; | 96549 |
| (c) Make recommendations as to how to ensure that these law | 96550 |
| libraries remain open and may be made available to members of the | 96551 |
| public. | 96552 |
| (2) The Task Force shall submit a report of its findings and | 96553 |
| recommendations to the Speaker and Minority Leader of the House of | 96554 |
| Representatives, the President and Minority Leader of the Senate, | 96555 |
| and the Chief Justice of the Supreme Court by October 31, 2006. | 96556 |
| Upon submission of its report, the Task Force shall cease to | 96557 |
| exist. | 96558 |
| (C) Sections 101.82 to 101.87 of the Revised Code do not | 96559 |
| apply to the Task Force. | 96560 |
| Section 503.09. (A) There is hereby created the Correctional | 96561 |
| Faith-Based Initiatives Task Force consisting of the following | 96562 |
| seventeen members: | 96563 |
| (1) One member of the House of Representatives appointed by | 96564 |
| the Speaker of the House of Representatives; | 96565 |
| (2) One member of the House of Representatives appointed by | 96566 |
| the leader of the minority party of the House of Representatives; | 96567 |
| (3) One member of the Senate appointed by the President of | 96568 |
| the Senate; | 96569 |
| (4) One member of the Senate appointed by the Minority Leader | 96570 |
| of the Senate; | 96571 |
| (5) Two members appointed by the Governor; | 96572 |
| (6) The Director of Rehabilitation and Correction or the | 96573 |
| director's designee; | 96574 |
| (7) Three members appointed by the Director of Rehabilitation | 96575 |
| and Correction who have expertise or experience in faith-based | 96576 |
| programs in the correctional setting; | 96577 |
| (8) The Director of Job and Family Services or the director's | 96578 |
| designee; | 96579 |
| (9) The Director of Youth Services or the director's | 96580 |
| designee; | 96581 |
| (10) One member appointed by the Director of Youth Services | 96582 |
| who has expertise or experience in the juvenile court system; | 96583 |
| (11) The Director of Alcohol and Drug Addiction Services or | 96584 |
| the director's designee; | 96585 |
| (12) The Director of Mental Health or the director's | 96586 |
| designee; | 96587 |
| (13) The Executive Director of the Division of Criminal | 96588 |
| Justice Services or the executive director's designee; | 96589 |
| (14) One member appointed by the executive assistant in | 96590 |
| charge of the Governor's Office of Faith-Based and Community | 96591 |
| Initiatives. | 96592 |
| (B) The Director of Rehabilitation and Correction, or the | 96593 |
| director's designee, and the member of the House of | 96594 |
| Representatives appointed by the Speaker of the House of | 96595 |
| Representatives shall be co-chairs of the task force. The task | 96596 |
| force shall meet at least once each month. The Department of | 96597 |
| Rehabilitation and Correction shall provide the task force with a | 96598 |
| meeting room and secretarial assistance. | 96599 |
| (C) The task force shall study seamless faith-based solutions | 96600 |
| to problems in the correctional system, focusing on diversion | 96601 |
| programs, programs and services in the prison system and for | 96602 |
| families of incarcerated individuals, and the faith-based and | 96603 |
| nonprofit organizations that provide the programs and services. | 96604 |
| The task force shall examine existing faith-based programs in | 96605 |
| prisons in Ohio and other states and shall consider the | 96606 |
| feasibility of replicating programs from other states and | 96607 |
| developing model faith-based penal institutions, faith-based units | 96608 |
| within penal institutions, and faith-based programs to reduce | 96609 |
| recidivism of offenders after their release from prison, improve | 96610 |
| prison management, and deal with juveniles who have been held over | 96611 |
| to or are in the adult penal system or who have parents who are | 96612 |
| incarcerated. | 96613 |
| (D) On or before the first anniversary of the effective date | 96614 |
| of this section, the task force shall provide a written report and | 96615 |
| recommendations to the Governor, the Speaker of the House of | 96616 |
| Representatives, and the President of the Senate. Upon submitting | 96617 |
| the report and recommendations, the task force shall cease to | 96618 |
| exist. | 96619 |
| Section 503.12. (A) There is hereby created the Local | 96620 |
| Government and Library Revenue Distribution Task Force consisting | 96621 |
| of the following members: | 96622 |
| (1) Five members of the House of Representatives to be | 96623 |
| appointed by the Speaker of the House of Representatives, at least | 96624 |
| two of whom shall be from the minority party; | 96625 |
| (2) Five members of the Senate to be appointed by the | 96626 |
| President of the Senate, at least two of whom shall be from the | 96627 |
| minority party; | 96628 |
| (3) One nonvoting member to be appointed by the Ohio Library | 96629 |
| Council; | 96630 |
| (4) One nonvoting member to be appointed by the County | 96631 |
| Commissioners' Association of Ohio; | 96632 |
| (5) One nonvoting member to be appointed by the Ohio | 96633 |
| Municipal League; | 96634 |
| (6) One nonvoting member to be appointed by the Ohio Township | 96635 |
| Association; | 96636 |
| (7) One nonvoting member to be appointed by the Ohio Parks | 96637 |
| and Recreation Association. | 96638 |
| All appointments shall be made within thirty days after the | 96639 |
| effective date of this section. Vacancies on the Task Force shall | 96640 |
| be filled in the same manner as the original appointments. The | 96641 |
| Task Force shall designate one of the members to serve as | 96642 |
| chairperson. The initial meeting to organize the Task Force shall | 96643 |
| be called by the Tax Commissioner. | 96644 |
| (B) The Task Force shall study potential sources of state | 96645 |
| funding for the Local Government Fund, the Library and Local | 96646 |
| Government Support Fund, and the Local Government Revenue | 96647 |
| Assistance Fund that have the capacity to allow for growth in | 96648 |
| funding levels and to provide stability in funding levels. In | 96649 |
| addition, the Task Force shall consider changes to the codified | 96650 |
| funding formulae for the Local Government Fund, the Library and | 96651 |
| Local Government Support Fund, and the Local Government Revenue | 96652 |
| Assistance Fund that reflect the reform to Ohio tax code. | 96653 |
| (C) The Task Force shall receive staff assistance from the | 96654 |
| Tax Commissioner and may request assistance from the Legislative | 96655 |
| Service Commission. The Task Force shall also seek the input and | 96656 |
| testimony of interested parties. | 96657 |
| (D) Not later than December 1, 2006, the Task Force shall | 96658 |
| submit a report to the Governor and to the General Assembly | 96659 |
| setting forth its recommendations for sources of funding for the | 96660 |
| funds specified in division (B) of this section, together with | 96661 |
| suggested legislation to implement the recommendations. | 96662 |
| (E) The Task Force shall cease to exist upon issuing its | 96663 |
| report. | 96664 |
| Section 503.15. (A) Notwithstanding any other provision of | 96665 |
| law to the contrary, the appointment and removal provisions of the | 96666 |
| resolutions and ordinances governing the board of trustees of any | 96667 |
| regional transit authority consisting of a county having a | 96668 |
| population of at least five hundred thousand, according to the | 96669 |
| 2000 federal census, and two municipal corporations, are void on | 96670 |
| the effective date of this act. The appointment and removal of the | 96671 |
| board of trustees of such regional transit authority shall comply | 96672 |
| with section 306.331 of the Revised Code. | 96673 |
| (B) Within the first five days after the effective date of | 96674 |
| this act, the county and municipal corporations specified in | 96675 |
| section 306.331 of the Revised Code shall appoint a new board of | 96676 |
| trustees for the regional transit authority in accordance with | 96677 |
| section 306.331 of the Revised Code. | 96678 |
| (C) Notwithstanding any other provision of law to the | 96679 |
| contrary, on the fifth day after the effective date of this act, | 96680 |
| the board of trustees of such regional transit authority, as | 96681 |
| constituted on the effective date of this act, is dissolved and | 96682 |
| the board appointed in accordance with section 306.331 of the | 96683 |
| Revised Code shall meet and organize. | 96684 |
| (D) This act shall not be construed as affecting the validity | 96685 |
| of any action of such regional transit authority taken prior to | 96686 |
| the effective date of this act. | 96687 |
| Section 503.18. OCCUPATIONAL THERAPY, PHYSICAL THERAPY, AND | 96688 |
| ATHLETIC TRAINERS BOARD MEMBER APPOINTMENT | 96689 |
| The term of the licensed occupational therapy assistant, as | 96690 |
| established in section 4755.03 of the Revised Code as amended by | 96691 |
| this act, shall commence at the time of the next appointment to | 96692 |
| the Occupational Therapy, Physical Therapy, and Athletic Trainers | 96693 |
| Board. | 96694 |
| Section 506.03. (A) The Governor is hereby authorized to | 96695 |
| execute a deed in the name of the state conveying to | 96696 |
| Hocking.Athens.Perry Community Action and its successors and | 96697 |
| assigns all of the state's right, title, and interest in the | 96698 |
| following described real estate: | 96699 |
| Situate in the Village of Glouster, Trimble Township, Athens | 96700 |
| County, Ohio, and being a part of a tract as described in Volume | 96701 |
| 384, Page 47 of the Deed Records of Athens County, and being more | 96702 |
| particularly described as follows: | 96703 |
| Beginning at an iron pin set at the northeast corner of Lot | 96704 |
| 848 of the Wassall Fire Clay Company's Addition to the Village of | 96705 |
| Glouster; thence along the south line of a 10.00 foot alley South | 96706 |
| 85º 54' 29" East 219.30 feet to an iron pin set, thence along the | 96707 |
| west line of a 4.27 acre tract (ORV 4-442) South 2º 25' 37" East, | 96708 |
| 528.53 feet to an iron pin found; thence along the west line of a | 96709 |
| 44.21 acre tract (ORV 172-611) South 24º 08' 53" West, 412.51 feet | 96710 |
| to an iron pin found; thence North 81º 51' 07" West 594.65 feet to | 96711 |
| a point on the east right of way line of the former Toledo and | 96712 |
| Ohio Central Railroad (passing an iron pin found at 586.43 feet); | 96713 |
| thence along said line North 1º 39' 06" West, 734.24 feet to an | 96714 |
| iron pin found; thence along the south line of Lot 860 in said | 96715 |
| Village South 85º 54' 11" East, 188.77 feet to an iron pin set; | 96716 |
| thence along the east line of Lots 860 and 859 North 4º 05' 20" | 96717 |
| East, 100.00 feet to an iron pin set (an iron pin found for | 96718 |
| reference bears South 70º 30' 21" East, 1.01 feet); thence along | 96719 |
| the south line of Lots 857 and 848 South 85º 54' 29" East, 340.04 | 96720 |
| feet to an iron pin found; thence along the east line of Lot 848 | 96721 |
| North 4º 05' 30" East, 40.00 feet to the point of beginning and | 96722 |
| containing 14.046 acres. | 96723 |
| Subject to all Easements and Rights of Way of Record. | 96724 |
| Bearings used are to an assumed meridian and are for angular | 96725 |
| determination only. | 96726 |
| Surveyed October 1996 by Kenneth E. Highland, Ohio PLS | 96727 |
| #S-7581. | 96728 |
| EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TWO TRACTS: | 96729 |
| Tract 1-0.020 acre: Situate in the Village of Glouster, | 96730 |
| Trimble Township, Athens County, Ohio, and being a part of a tract | 96731 |
| as previously described in Volume 384, Page 47 of the Deed Records | 96732 |
| of Athens County and being more particularly described as follows: | 96733 |
| Commencing at an iron pin set at the southeast corner of Lot 860 | 96734 |
| of the Wassall Fire Clay Company's Addition to the Village of | 96735 |
| Glouster; thence along the south line of said lot North 85º 54' | 96736 |
| 11" West, 88.77 feet to an iron pin set at the point of beginning | 96737 |
| of this tract; thence leaving said line and along a new line South | 96738 |
| 4º 05' 49" West, 15.00 feet to a point (passing an iron pin set at | 96739 |
| 10.00 feet); thence along a new line parallel to the south line of | 96740 |
| the previously mentioned lot line North 85º 54' 11" West, 60.00 | 96741 |
| feet to an iron pin set; thence North 4º 05' 49" East, 15.00 feet | 96742 |
| to an iron pin set on grantors most westerly north line (passing | 96743 |
| an iron pin set at 5.00 feet); thence along said line South 85º | 96744 |
| 54' 11" East, 60.00 feet to the point of beginning and containing | 96745 |
| 0.020 acre. Subject to all easements and rights of way of record. | 96746 |
| Bearings used are to an assumed meridian and are for angular | 96747 |
| determination only. Surveyed August 1997 by Kenneth E. Highland, | 96748 |
| Ohio PLS #S-7581. | 96749 |
| Deed Reference:Volume 263, Page 540 and Volume 299, Page 185, | 96750 |
| Athens County Official Records. | 96751 |
| Tract 2-0.013 acre: Situate in the Village of Glouster, | 96752 |
| Trimble Township, Athens County, Ohio, and being a part of a tract | 96753 |
| as previously described in Volume 384, Page 47 of the Deed Records | 96754 |
| of Athens County and being more particularly described as follows: | 96755 |
| Commencing at an iron pin set at the southwest corner of Lot 857 | 96756 |
| of the Wassall Fire Clay Company's Addition to the Village of | 96757 |
| Glouster; thence along the south line of said lot South 85º 54' | 96758 |
| 29" East, 90.00 feet to an iron pin set at the point of beginning | 96759 |
| of this tract; thence continuing along said line South 85º 54' 29" | 96760 |
| East, 60.00 feet to an iron pin set at the southeast corner of | 96761 |
| said lot; thence along a new line South 4º 05' 31" West 10.00 feet | 96762 |
| to an iron pin set; thence along a line parallel to the south line | 96763 |
| of Lot 857 North 85º 54' 29" West, 60.00 feet to an iron pin set; | 96764 |
| thence along a new line North 4º 05' 31" East, 10.00 feet to the | 96765 |
| point of beginning and containing 0.013 acre. Subject to all | 96766 |
| easements and rights of way of record. Bearings used are to an | 96767 |
| assumed meridian and are for angular determination only. Surveyed | 96768 |
| August 1997 by Kenneth E. Highland, Ohio PLS #S-7581; revised June | 96769 |
| 2000. | 96770 |
| Deed Reference:Volume 299, Page 704; Volume 263, Page 544; | 96771 |
| and Volume 299, Page 183, Athens County Official Records. | 96772 |
| DEED REFERENCE:VOLUME _____, PAGE _____; VOLUME 298, PAGE | 96773 |
| 2439; AND VOLUME 258, PAGE 79, ATHENS COUNTY OFFICIAL RECORDS. | 96774 |
| (B) Consideration for the conveyance of the real estate | 96775 |
| described in division (A) of this section is the purchase price of | 96776 |
| one dollar. | 96777 |
| (C) Upon payment of the purchase price, the Auditor of State, | 96778 |
| with the assistance of the Attorney General, shall prepare a deed | 96779 |
| to the real estate described in division (A) of this section. The | 96780 |
| deed shall state the consideration. The deed shall be executed by | 96781 |
| the Governor in the name of the state, countersigned by the | 96782 |
| Secretary of State, sealed with the Great Seal of the State, | 96783 |
| presented in the Office of the Auditor of State for recording, and | 96784 |
| delivered to Hocking.Athens.Perry Community Action. | 96785 |
| Hocking.Athens.Perry Community Action shall present the deed for | 96786 |
| recording in the Office of the Athens County Recorder. | 96787 |
| (D) Hocking.Athens.Perry Community Action shall pay the costs | 96788 |
| of the conveyance of the real estate described in division (A) of | 96789 |
| this section. | 96790 |
| (E) This section expires one year after its effective date. | 96791 |
| Section 506.06. (A) The Governor is hereby authorized to | 96792 |
| execute a deed in the name of the state conveying to the | 96793 |
| purchaser, and the purchaser's heirs and assigns or successors and | 96794 |
| assigns, all of the state's right, title, and interest in the | 96795 |
| following described real estate: | 96796 |
| Situated in the State of Ohio, County of Clark and the Township of | 96797 |
| Springfield, City of Springfield. | 96798 |
| Being a part of the Southwest quarter of Section | 96799 |
| twenty-three, Township five, Range nine and a part of the west | 96800 |
| half of Section seventeen, Township five, Range nine, B.M.R.S. | 96801 |
| Beginning at the intersection of the centerline of the Old | 96802 |
| National Road (now the west bound lane of the New National Road) | 96803 |
| with the East line of Section twenty-three; | 96804 |
| thence with the centerline of said road S 86°30'W 20.0 feet; | 96805 |
| thence parallel to the section line N 2°0'W 1000.0 feet to a | 96806 |
| point; | 96807 |
| thence N 86°30' E 20.0 feet to a point on the section line; | 96808 |
| thence with the section line N 2°0' W 94.63 feet to a bar; | 96809 |
| thence N 86°30' E 683.10 feet to a stake in the Ogden Road | 96810 |
| right of way; | 96811 |
| thence with said road S 2°0' E 525.05 feet to a point in the | 96812 |
| road; | 96813 |
| thence S 86°30' W 20.0 feet to a point; | 96814 |
| thence parallel to the road S 2°0' E 569.58 feet to the | 96815 |
| centerline of the Old National Road; | 96816 |
| thence with said road S 86°30' W 663.10 feet to the place of | 96817 |
| beginning, and containing seventeen and thirty-six hundredths | 96818 |
| (17.36) Acres of land | 96819 |
| Being a part of the same premises conveyed to said Board of | 96820 |
| county commissioners of Clark County, Ohio, by the following: | 96821 |
| Deed from Mary E. Kinnane dated August 20, 1920, and recorded | 96822 |
| in Volume 170, page 464; Deed from the Board of County | 96823 |
| Commissioners of Champaign County, Ohio dated January 30, 1925, | 96824 |
| and recorded in Volume 239, Page 155; Deed from Board of | 96825 |
| Commissioners of Greene County, Ohio dated January 30, 1925, and | 96826 |
| recorded in Volume 239, Page 160; Deed from Board of County | 96827 |
| Commissioners of Madison County, Ohio, dated January 30, 1925, and | 96828 |
| recorded in Volume 239, page 153; all in the Deed Records of Clark | 96829 |
| County, Prior Deed reference: Volume 568, Page 61. | 96830 |
| (B) The Ohio Department of Mental Retardation and | 96831 |
| Developmental Disabilities shall appraise the real estate | 96832 |
| described in division (A) of this section or have it appraised by | 96833 |
| one or more disinterested persons for a fee to be determined by | 96834 |
| the Department. | 96835 |
| (C) The Director of Administrative Services shall offer the | 96836 |
| real estate described in division (A) of this section for sale as | 96837 |
| follows: | 96838 |
| (1) The Director shall review the appraisal, establish an | 96839 |
| appraised value for the real estate, and provide notice to the | 96840 |
| Ohio Department of Mental Retardation and Developmental | 96841 |
| Disabilities of any interest expressed by any state entity in | 96842 |
| acquiring the real estate at the appraised value. The Director | 96843 |
| shall first offer the real estate at the appraised value to any | 96844 |
| state entity that has expressed an interest in so acquiring the | 96845 |
| real estate. | 96846 |
| (2) If no state entity expresses an interest in acquiring the | 96847 |
| real estate at the appraised value, or if a state entity accepts | 96848 |
| the offer mentioned in division (C)(1) of this section but fails | 96849 |
| to timely complete the purchase, the Director shall offer the real | 96850 |
| estate to the Board of County Commissioners of Clark County at a | 96851 |
| purchase price agreed upon by the Director and the Board of County | 96852 |
| Commissioners. | 96853 |
| (D) The real estate described in division (A) of this section | 96854 |
| shall be sold as an entire parcel and not subdivided. | 96855 |
| (E) Advertising costs, appraisal fees, and all other costs of | 96856 |
| the sale of the real estate described in division (A) of this | 96857 |
| section shall be paid by the Ohio Department of Mental Retardation | 96858 |
| and Developmental Disabilities. | 96859 |
| (F) Upon notice from the Director of Administrative Services | 96860 |
| that the real estate described in division (A) of this section has | 96861 |
| been sold in accordance with division (C) of this section, the | 96862 |
| Auditor of State, with the assistance of the Attorney General, | 96863 |
| shall prepare a deed to the real estate described in division (A) | 96864 |
| of this section. The deed shall state the consideration. The deed | 96865 |
| shall be executed by the Governor in the name of the state, | 96866 |
| countersigned by the Secretary of State, sealed with the Great | 96867 |
| Seal of the State, presented in the Office of the Auditor of State | 96868 |
| for recording, and delivered to the purchaser. The purchaser shall | 96869 |
| present the deed for recording in the Office of the Clark County | 96870 |
| Recorder. | 96871 |
| (G) The net proceeds of the sale of the real estate described | 96872 |
| in division (A) of this section shall be deposited in the state | 96873 |
| treasury to the credit of the Mental Health Facilities Improvement | 96874 |
| Fund created in section 154.20 of the Revised Code and shall be | 96875 |
| used to offset bond indebtedness for Springview Developmental | 96876 |
| Center capital projects. | 96877 |
| (H) This section shall expire two years after its effective | 96878 |
| date. | 96879 |
| Section 509.03. (A)(1) The Clerk of the Medina Municipal | 96880 |
| Court shall be elected by the qualified electors of the territory | 96881 |
| of the court in the manner that is provided for the election of | 96882 |
| the judge of that court in section 1901.07 of the Revised Code at | 96883 |
| the first general election that occurs not less than six months | 96884 |
| after the effective date of this section. | 96885 |
| (2) Notwithstanding division (A)(1)(a) of section 1901.31 of | 96886 |
| the Revised Code, the term of the Clerk of the Medina Municipal | 96887 |
| Court elected under division (A)(1) of this section shall commence | 96888 |
| on the first day of January following the clerk's election and | 96889 |
| continue until the clerk's successor is elected and qualified. The | 96890 |
| clerk's successor shall be elected pursuant to the schedule for | 96891 |
| the election of the judge of that court in sections 1901.07 and | 96892 |
| 1901.08 of the Revised Code. | 96893 |
| (B) The Clerk of the Medina Municipal Court shall continue in | 96894 |
| office until the clerk elected pursuant to division (A) of this | 96895 |
| section takes office. If the office of Clerk of the Medina | 96896 |
| Municipal Court becomes vacant prior to the date that the clerk | 96897 |
| elected pursuant to division (A) of this section takes office, the | 96898 |
| judges of the court shall appoint a clerk to serve until the clerk | 96899 |
| elected pursuant to division (A) of this section takes office. | 96900 |
| Section 512.03. The Motor Vehicle Inspection and Maintenance | 96901 |
| Fund that is created in section 3704.14 of the Revised Code, as | 96902 |
| reenacted by this act, is a continuation of the Motor Vehicle | 96903 |
| Inspection and Maintenance Fund that was created in section | 96904 |
| 3704.14 of the Revised Code, as repealed by this act. Money | 96905 |
| credited to the Fund under former section 3704.14 of the Revised | 96906 |
| Code shall be used for the purposes specified in new section | 96907 |
| 3704.14 of the Revised Code, as enacted by this act. | 96908 |
| Section 553.01. (A) As used in this section: | 96909 |
| (1) "Qualifying delinquent taxes" means any tax levied under | 96910 |
| Chapter 5733., 5739., 5741., 5747., or 5748. of the Revised Code, | 96911 |
| including the taxes levied under sections 5733.41 and 5747.41 of | 96912 |
| the Revised Code and taxes required to be withheld under Chapters | 96913 |
| 5747. and 5748. of the Revised Code, which were due and payable | 96914 |
| from any person as of May 1, 2005, were unreported or | 96915 |
| underreported, and remain unpaid. | 96916 |
| (2) "Qualifying delinquent personal property taxes" means a | 96917 |
| tax for which a return is filed under section 5711.02 of the | 96918 |
| Revised Code. (3) "Qualifying delinquent taxes" and "qualifying | 96919 |
| delinquent personal property taxes" do not include any tax for | 96920 |
| which a notice of assessment or audit has been issued, for which a | 96921 |
| bill has been issued, or for which an audit has been conducted or | 96922 |
| is currently being conducted. | 96923 |
| (B) The Tax Commissioner shall establish and administer a tax | 96924 |
| amnesty program with respect to qualifying delinquent taxes and | 96925 |
| qualifying delinquent personal property taxes. The program shall | 96926 |
| commence on November 1, 2005, and shall conclude on December 15, | 96927 |
| 2005. The Tax Commissioner shall issue forms and instructions and | 96928 |
| take other actions necessary to implement the program. The Tax | 96929 |
| Commissioner shall publicize the program so as to maximize public | 96930 |
| awareness and participation in the program. | 96931 |
| (C)(1) During the program, if a person pays the full amount | 96932 |
| of qualifying delinquent taxes owed by that person and one-half of | 96933 |
| any interest that has accrued as a result of the person failing to | 96934 |
| pay those taxes in a timely fashion, the Tax Commissioner shall | 96935 |
| waive or abate all applicable penalties and one-half of any | 96936 |
| interest that accrued on the qualifying delinquent taxes. | 96937 |
| (2) During the program, if a person who owes qualifying | 96938 |
| delinquent personal property taxes files a return with the Tax | 96939 |
| Commissioner, in the form and manner prescribed by the Tax | 96940 |
| Commissioner, listing all taxable property that was required to be | 96941 |
| listed on the return required to be filed under section 5711.02 of | 96942 |
| the Revised Code, the Tax Commissioner shall issue a preliminary | 96943 |
| assessment certificate to the appropriate county auditor. Upon | 96944 |
| receiving a preliminary assessment certificate issued by the Tax | 96945 |
| Commissioner pursuant to this division, the county auditor shall | 96946 |
| compute the amount of qualifying delinquent personal property | 96947 |
| taxes owed by the person and shall add to that amount one-half of | 96948 |
| the interest prescribed under sections 5711.32 and 5719.041 of the | 96949 |
| Revised Code. The county treasurer shall collect the amount of tax | 96950 |
| and interest computed by the county auditor under this division by | 96951 |
| preparing and mailing a tax bill to the person as prescribed in | 96952 |
| section 5711.32 of the Revised Code. If the person pays the full | 96953 |
| amount of tax and interest thereon on or before the date shown on | 96954 |
| the tax bill all applicable penalties and one-half of any interest | 96955 |
| that accrued on the qualifying delinquent personal property taxes | 96956 |
| shall be waived. | 96957 |
| (3) No payment required under division (G) of section 321.24 | 96958 |
| of the Revised Code shall be made with respect to any person who | 96959 |
| pays qualifying delinquent personal property taxes under division | 96960 |
| (C)(2) of this section. | 96961 |
| (4) Notwithstanding any contrary provision of the Revised | 96962 |
| Code, the Tax Commissioner shall not furnish to the county auditor | 96963 |
| any information pertaining to the exemption from taxation under | 96964 |
| division (C)(3) of section 5709.01 of the Revised Code insofar as | 96965 |
| that information pertains to any person who pays qualifying | 96966 |
| delinquent personal property taxes under division (C)(2) of this | 96967 |
| section. | 96968 |
| (D) The Tax Commissioner may require a person participating | 96969 |
| in the program to file returns or reports, including amended | 96970 |
| returns and reports, in connection with the person's payment of | 96971 |
| qualifying delinquent taxes or qualifying delinquent personal | 96972 |
| property taxes. | 96973 |
| (E) A person who participates in the program and pays in full | 96974 |
| any outstanding qualifying delinquent tax or qualifying delinquent | 96975 |
| personal property tax and the interest payable on such tax in | 96976 |
| accordance with this section shall not be subject to any criminal | 96977 |
| prosecution or any civil action with respect to that tax, and no | 96978 |
| assessment shall thereafter be issued against that person with | 96979 |
| respect to that tax. | 96980 |
| (F) Taxes and interest collected under the program shall be | 96981 |
| credited to the General Revenue Fund, except that: | 96982 |
| (1) Qualifying delinquent personal property taxes and | 96983 |
| interest payable thereon shall be credited to the appropriate | 96984 |
| county undivided income tax fund, and the county auditor shall | 96985 |
| distribute the amount thereof among the various taxing districts | 96986 |
| in the county as if it had been levied, collected, and settled, as | 96987 |
| personal property taxes; | 96988 |
| (2) Qualifying delinquent taxes levied under section | 96989 |
| 5739.021, 5739.023, or 5739.026 of the Revised Code shall be | 96990 |
| distributed to the appropriate counties and transit authorities in | 96991 |
| accordance with section 5739.21 of the Revised Code during the | 96992 |
| next distribution required under that section; | 96993 |
| (3) Qualifying delinquent taxes levied under section | 96994 |
| 5741.021, 5741.022, or 5741.023 of the Revised Code shall be | 96995 |
| distributed to the appropriate counties and transit authorities in | 96996 |
| accordance with section 5741.03 of the Revised Code during the | 96997 |
| next distribution required under that section; and | 96998 |
| (4) Qualifying delinquent taxes levied under Chapter 5748. of | 96999 |
| the Revised Code shall be credited to the school district income | 97000 |
| tax fund and then paid to the appropriate school district during | 97001 |
| the next payment required under division (D) of section 5747.03 of | 97002 |
| the Revised Code. | 97003 |
| Section 553.02. Section 553.01 of this act is hereby | 97004 |
| repealed, effective December 16, 2005. The repeal of Section | 97005 |
| 553.01 of this act does not affect, after the effective date of | 97006 |
| the repeal, the rights, remedies, or actions authorized under that | 97007 |
| section. | 97008 |
| Section 553.02.01. Notwithstanding section 5735.142 of the | 97009 |
| Revised Code, a city, exempted village, joint vocational, or local | 97010 |
| school district or educational service center that failed to file | 97011 |
| or failed to file in a timely manner an application for a refund | 97012 |
| of that portion of the motor vehicle fuel tax imposed by section | 97013 |
| 5735.29 of the Revised Code that became effective on July 1, 2003, | 97014 |
| as permitted by section 5735.142 of the Revised Code, that the | 97015 |
| school district or educational service center paid through the | 97016 |
| purchase of motor fuel on or after that date may file such a | 97017 |
| refund application with the Tax Commissioner during the sixty-day | 97018 |
| period next following the effective date of this section. The Tax | 97019 |
| Commissioner shall process a refund application received under | 97020 |
| this section in accordance with section 5735.142 of the Revised | 97021 |
| Code, treating such an application as if it had been timely filed | 97022 |
| with the Tax Commissioner in accordance with that section. | 97023 |
| Section 557.03. A credit is hereby allowed against the | 97024 |
| additional estate tax imposed by section 5731.18 of the Revised | 97025 |
| Code on the estate of a decedent who dies on or after January 1, | 97026 |
| 2002, but before the effective date of that section as amended by | 97027 |
| this act. The credit shall equal that portion of the additional | 97028 |
| estate tax imposed by section 5731.18 of the Revised Code that is | 97029 |
| over and above the additional estate tax that would have been | 97030 |
| imposed if the tax levied by division (A) of that section had been | 97031 |
| an amount equal to the maximum credit allowable by section 2011 of | 97032 |
| the Internal Revenue Code that was in effect and applicable on the | 97033 |
| date of such decedent's death for any taxes paid to any state. | 97034 |
| Section 557.04. Notwithstanding division (A)(3) of section | 97035 |
| 5733.09 or section 5733.98 of the Revised Code, the credit allowed | 97036 |
| under section 5733.56 of the Revised Code to telephone companies | 97037 |
| for providing programs to aid the communicatively impaired shall | 97038 |
| be allowed in tax year 2005 so that there is full recovery of the | 97039 |
| tax credit under that section for that tax year. | 97040 |
| Section 557.06. (A) As used in this section, "net additional | 97041 |
| tax" means, in the case of a wholesale dealer, the net additional | 97042 |
| amount of tax resulting from the amendment by this act of section | 97043 |
| 5743.02 of the Revised Code, less the discount allowed under | 97044 |
| section 5743.05 of the Revised Code as a commission for affixing | 97045 |
| and canceling stamps or meter impressions, that is due on all | 97046 |
| packages of Ohio stamped cigarettes and on all unaffixed Ohio | 97047 |
| cigarette tax stamps that the wholesale dealer has on hand as of | 97048 |
| the beginning of business on July 1, 2005, and, in the case of a | 97049 |
| retail dealer, means the net additional amount of tax resulting | 97050 |
| from the amendment by this act of section 5743.02 of the Revised | 97051 |
| Code that is due on all packages of Ohio stamped cigarettes and on | 97052 |
| all unaffixed Ohio cigarette tax stamps that the retail dealer has | 97053 |
| on hand as of the beginning of business on July 1, 2005. | 97054 |
| (B) In addition to the return required under section 5743.03 | 97055 |
| of the Revised Code, each wholesale dealer and each retail dealer | 97056 |
| shall make and file a return on forms prescribed by the tax | 97057 |
| commissioner showing the net additional tax due and any other | 97058 |
| information that the commissioner considers necessary to apply | 97059 |
| sections 5743.01 to 5743.20 of the Revised Code in the | 97060 |
| administration of the net additional tax. On or before September | 97061 |
| 30, 2005, each wholesale dealer and each retail dealer shall | 97062 |
| deliver the return to the treasurer of state, together with | 97063 |
| remittance of the net additional tax shown on the return to be | 97064 |
| due. A wholesale dealer or retail dealer may claim a credit equal | 97065 |
| to five per cent of the net additional tax shown on the return to | 97066 |
| be due if the wholesale dealer or retail dealer delivers the | 97067 |
| return required under this section to the treasurer of state on or | 97068 |
| before August 15, 2005, together with remittance of the net | 97069 |
| additional tax due after allowing for the five per cent credit. | 97070 |
| The treasurer of state shall stamp or otherwise mark on the return | 97071 |
| the date on which the return and remittance were received by the | 97072 |
| treasurer of state and also shall show on the return by stamp or | 97073 |
| otherwise the amount of the tax payment remitted with the return. | 97074 |
| Upon receipt, the treasurer of state shall immediately transmit | 97075 |
| all returns filed under this section to the commissioner. | 97076 |
| (C) Any wholesale or retail dealer who fails to file a return | 97077 |
| or remit net additional tax as required under this section shall | 97078 |
| forfeit and pay into the state treasury a late charge equal to | 97079 |
| fifty dollars or ten per cent of the net additional tax due, | 97080 |
| whichever is greater. If the net additional tax, or any portion | 97081 |
| thereof, whether determined by the commissioner or the wholesale | 97082 |
| or retail dealer, is not paid on or before the date prescribed for | 97083 |
| payment under this section, interest shall accrue on the unpaid | 97084 |
| amount at the rate per annum required by section 5703.47 of the | 97085 |
| Revised Code from the date prescribed for payment of the net | 97086 |
| additional tax to the date of payment or to the date the | 97087 |
| commissioner issues an assessment under section 5743.081 or | 97088 |
| 5743.082 of the Revised Code, whichever occurs first. Interest | 97089 |
| shall be paid and collected in the same manner as the net | 97090 |
| additional tax. | 97091 |
| (D) Unpaid or unreported net additional taxes, late charges, | 97092 |
| and interest may be collected by assessment in the manner | 97093 |
| prescribed under sections 5743.081 and 5743.082 of the Revised | 97094 |
| Code. | 97095 |
| (E) All amounts collected under this section shall be | 97096 |
| considered revenue arising from the tax imposed by section 5743.02 | 97097 |
| of the Revised Code. | 97098 |
| Section 557.09. (A) This section applies only to the | 97099 |
| semiannual period from July 1, 2005, to December 31, 2005. | 97100 |
| Notwithstanding any provision of Chapter 5751. of the Revised | 97101 |
| Code as enacted by this act, for purposes of making the first | 97102 |
| payment of the tax imposed under that chapter, a tax return for | 97103 |
| both calendar year and calendar quarter taxpayers for that | 97104 |
| semiannual period shall be filed not later than February 10, 2006. | 97105 |
| The semiannual tax payment for all taxpayers for that semiannual | 97106 |
| period shall be eighty-eight dollars for the first five hundred | 97107 |
| thousand dollars in taxable gross receipts during that semiannual | 97108 |
| period. In addition, a tax is imposed on all taxable gross | 97109 |
| receipts for that semiannual period in excess of five hundred | 97110 |
| thousand dollars. Such tax shall equal the product of six-tenths | 97111 |
| of one mill per dollar (the result of rounding twenty-three per | 97112 |
| cent of two and six-tenths mills) times the remaining amount of | 97113 |
| taxable gross receipts after subtracting five hundred thousand | 97114 |
| dollars in taxable gross receipts. | 97115 |
| (B) Only persons excluded pursuant to divisions (E)(2) to | 97116 |
| (10) of section 5751.01 of the Revised Code, as enacted by this | 97117 |
| act, and persons with less than two hundred thousand dollars in | 97118 |
| taxable gross receipts during calendar year 2005 are not subject | 97119 |
| to this section. | 97120 |
| (C) The tax commissioner shall take the necessary steps to | 97121 |
| implement this section and use money in the commercial tax | 97122 |
| administrative fund to promote awareness of the tax imposed under | 97123 |
| this section and under Chapter 5751. of the Revised Code as | 97124 |
| enacted by this act by means of advertising and other reasonable | 97125 |
| means. | 97126 |
| Section 557.10. In lieu of the certification and crediting of | 97127 |
| money to the Recycling and Litter Prevention Fund in fiscal year | 97128 |
| 2006 that would be required under section 5733.122 of the Revised | 97129 |
| Code if that section were not repealed by this act, the Director | 97130 |
| of Budget and Management, during fiscal year 2006, shall transfer | 97131 |
| $1,500,000 from the General Revenue Fund to the Recycling and | 97132 |
| Litter Prevention Fund according to a schedule to be determined by | 97133 |
| the Director. | 97134 |
| Section 557.12. ADJUSTMENT TO LOCAL GOVERNMENT DISTRIBUTIONS | 97135 |
| (A) On or before the seventh day of each month of the period | 97136 |
| July 2005 through June 2007, the Tax Commissioner shall determine | 97137 |
| and certify to the Director of Budget and Management the amount to | 97138 |
| be credited, by tax, during that month to the Local Government | 97139 |
| Fund, to the Library and Local Government Support Fund, and to the | 97140 |
| Local Government Revenue Assistance Fund, respectively, under | 97141 |
| divisions (B) to (G) of this section. | 97142 |
| (B) Notwithstanding sections 5727.45, 5727.84, 5733.12, | 97143 |
| 5739.21, 5741.03, and 5747.03 of the Revised Code to the contrary, | 97144 |
| for each month in the period July 1, 2005, through June 30, 2007, | 97145 |
| from the utility excise, kilowatt-hour, corporation franchise, | 97146 |
| sales and use, and personal income taxes collected: | 97147 |
| (1) An amount shall first be credited to the Local Government | 97148 |
| Fund equal to the amount credited to that fund from that tax | 97149 |
| according to the schedule in divisions (C), (D), (E), and (F) of | 97150 |
| this section; | 97151 |
| (2) An amount shall next be credited to the Local Government | 97152 |
| Revenue Assistance Fund equal to the amount credited to that fund | 97153 |
| from that tax according to the schedule in divisions (C), (D), | 97154 |
| (E), and (F) of this section; | 97155 |
| (3) An amount shall next be credited to the Library and Local | 97156 |
| Government Support Fund equal to the amount credited to that fund | 97157 |
| from that tax according to the schedule in division (G) of this | 97158 |
| section. | 97159 |
| To the extent the amounts credited under divisions (B) | 97160 |
| through (G) of this section exceed the amounts that otherwise | 97161 |
| would have been credited under sections 5727.45, 5727.84, 5733.12, | 97162 |
| 5739.21, 5741.03, and 5747.03 of the Revised Code, the amounts | 97163 |
| credited to the general revenue fund shall be reduced. To the | 97164 |
| extent the amounts credited under divisions (B) through (G) of | 97165 |
| this section are less than the amounts that otherwise would have | 97166 |
| been credited under sections 5727.45, 5727.84, 5733.12, 5739.21, | 97167 |
| 5741.03, and 5747.03 of the Revised Code, the amounts credited to | 97168 |
| the general revenue fund shall be increased. | 97169 |
| (C) Pursuant to divisions (B)(1) and (2) of this section, the | 97170 |
| amounts shall be credited from the corporation franchise, sales | 97171 |
| and use, and personal income taxes to each respective fund as | 97172 |
| follows: | 97173 |
| (1) In July 2005, one hundred per cent of the amount credited | 97174 |
| in July 2004; in July 2006, one hundred per cent of the amount | 97175 |
| credited in July 2005; | 97176 |
| (2) In August 2005, one hundred per cent of the amount | 97177 |
| credited in August 2004; in August 2006, one hundred per cent of | 97178 |
| the amount credited in August 2005; | 97179 |
| (3) In September 2005, one hundred per cent of the amount | 97180 |
| credited in September 2004; in September 2006, one hundred per | 97181 |
| cent of the amount credited in September 2005; | 97182 |
| (4) In October 2005, one hundred per cent of the amount | 97183 |
| credited in October 2004; in October 2006, one hundred per cent of | 97184 |
| the amount credited in October 2005; | 97185 |
| (5) In November 2005, one hundred per cent of the amount | 97186 |
| credited in November 2004; in November 2006, one hundred per cent | 97187 |
| of the amount credited in November 2005; | 97188 |
| (6) In December 2005, one hundred per cent of the amount | 97189 |
| credited in December 2004; in December 2006, one hundred per cent | 97190 |
| of the amount credited in December 2005; | 97191 |
| (7) In January 2006, one hundred per cent of the amount | 97192 |
| credited in January 2005; in January 2007, one hundred per cent of | 97193 |
| the amount credited in January 2006; | 97194 |
| (8) In February 2006, one hundred per cent of the amount | 97195 |
| credited in February 2005; in February 2007, one hundred per cent | 97196 |
| of the amount credited in February 2006; | 97197 |
| (9) In March 2006, one hundred per cent of the amount | 97198 |
| credited in March 2005; in March 2007, one hundred per cent of the | 97199 |
| amount credited in March 2006; | 97200 |
| (10) In April 2006, one hundred per cent of the amount | 97201 |
| credited in April 2005; in April 2007, one hundred per cent of the | 97202 |
| amount credited in April 2006; | 97203 |
| (11) In May 2006, one hundred per cent of the amount credited | 97204 |
| in May 2005; in May 2007, one hundred per cent of the amount | 97205 |
| credited in May 2006; | 97206 |
| (12) In June 2006, one hundred per cent of the amount | 97207 |
| credited in June 2005; in June 2007, one hundred per cent of the | 97208 |
| amount credited in June 2006. | 97209 |
| (D) Pursuant to divisions (B)(1) and (2) of this section, | 97210 |
| from the public utility excise tax, amounts shall be credited to | 97211 |
| the Local Government Fund and the Local Government Revenue | 97212 |
| Assistance Fund as follows: | 97213 |
| (1) In July 2005 and July 2006, no amount shall be credited | 97214 |
| to the Local Government Fund and no amount shall be credited to | 97215 |
| the Local Government Revenue Assistance Fund; | 97216 |
| (2) In August 2005 and August 2006, no amount shall be | 97217 |
| credited to the Local Government Fund or to the Local Government | 97218 |
| Revenue Assistance Fund; | 97219 |
| (3) In September 2005 and September 2006, no amount shall be | 97220 |
| credited to the Local Government Fund or to the Local Government | 97221 |
| Revenue Assistance Fund; | 97222 |
| (4) In October 2005 and October 2006, thirty per cent of | 97223 |
| $7,870,426.16 shall be credited to the Local Government Fund and | 97224 |
| thirty per cent of $1,124,346.59 shall be credited to the Local | 97225 |
| Government Revenue Assistance Fund; | 97226 |
| (5) In November 2005 and November 2006, thirty per cent of | 97227 |
| $1,045,731.11 shall be credited to the Local Government Fund and | 97228 |
| thirty per cent of $149,390.15 shall be credited to the Local | 97229 |
| Government Revenue Assistance Fund; | 97230 |
| (6) In December 2005 and December 2006, thirty per cent of | 97231 |
| $1,210,041.67 shall be credited to the Local Government Fund and | 97232 |
| thirty per cent of $172,863.13 shall be credited to the Local | 97233 |
| Government Revenue Assistance Fund; | 97234 |
| (7) In January 2006 and January 2007, no amount shall be | 97235 |
| credited to the Local Government Fund or to the Local Government | 97236 |
| Revenue Assistance Fund; | 97237 |
| (8) In February 2006 and February 2007, thirty per cent of | 97238 |
| $1,515,069.22 shall be credited to the Local Government Fund and | 97239 |
| thirty per cent of $216,438.43 shall be credited to the Local | 97240 |
| Government Revenue Assistance Fund; | 97241 |
| (9) In March 2006 and March 2007, thirty per cent of | 97242 |
| $7,859,958.57 shall be credited to the Local Government Fund and | 97243 |
| thirty per cent of $1,122,851.24 shall be credited to the Local | 97244 |
| Government Revenue Assistance Fund; | 97245 |
| (10) In April 2006 and April 2007, no amount shall be | 97246 |
| credited to the Local Government Fund or to the Local Government | 97247 |
| Revenue Assistance Fund; | 97248 |
| (11) In May 2006 and May 2007, thirty per cent of | 97249 |
| $3,300,718.22 shall be credited to the Local Government Fund and | 97250 |
| thirty per cent of $471,531.17 shall be credited to the Local | 97251 |
| Government Revenue Assistance Fund; | 97252 |
| (12) In June 2006 and June 2007, thirty per cent of | 97253 |
| $9,344,500.89 shall be credited to the Local Government Fund and | 97254 |
| thirty per cent of $1,334,928.70 shall be credited to the Local | 97255 |
| Government Revenue Assistance Fund. | 97256 |
| (E) Pursuant to divisions (B)(1) and (2) of this section, | 97257 |
| from the kilowatt-hour tax, amounts shall be credited to the Local | 97258 |
| Government Fund and the Local Government Revenue Assistance Fund | 97259 |
| as follows: | 97260 |
| (1) In July 2005 and July 2006, no amount shall be credited | 97261 |
| to the Local Government Fund and no amount shall be credited to | 97262 |
| the Local Government Revenue Assistance Fund; | 97263 |
| (2) In August 2005 and August 2006, no amount shall be | 97264 |
| credited to the Local Government Fund or to the Local Government | 97265 |
| Revenue Assistance Fund; | 97266 |
| (3) In September 2005, and September 2006, no amount shall be | 97267 |
| credited to the Local Government Fund or to the Local Government | 97268 |
| Revenue Assistance Fund; | 97269 |
| (4) In October 2005 and October 2006, seventy per cent of | 97270 |
| $7,870,426.16 shall be credited to the Local Government Fund and | 97271 |
| seventy per cent of $1,124,346.59 shall be credited to the Local | 97272 |
| Government Revenue Assistance Fund; | 97273 |
| (5) In November 2005 and November 2006, seventy per cent of | 97274 |
| $1,045,731.11 shall be credited to the Local Government Fund and | 97275 |
| seventy per cent of $149,390.15 shall be credited to the Local | 97276 |
| Government Revenue Assistance Fund; | 97277 |
| (6) In December 2005 and December 2006, seventy per cent of | 97278 |
| $1,210,041.67 shall be credited to the Local Government Fund and | 97279 |
| seventy per cent of $172,863.13 shall be credited to the Local | 97280 |
| Government Revenue Assistance Fund; | 97281 |
| (7) In January 2006 and January 2007, no amount shall be | 97282 |
| credited to the Local Government Fund or to the Local Government | 97283 |
| Revenue Assistance Fund; | 97284 |
| (8) In February 2006 and February 2007, seventy per cent of | 97285 |
| $1,515,069.22 shall be credited to the Local Government Fund and | 97286 |
| seventy per cent of $216,438.43 shall be credited to the Local | 97287 |
| Government Revenue Assistance Fund; | 97288 |
| (9) In March 2006 and March 2007, seventy per cent of | 97289 |
| $7,859,958.57 shall be credited to the Local Government Fund and | 97290 |
| seventy per cent of $1,122,851.24 shall be credited to the Local | 97291 |
| Government Revenue Assistance Fund; | 97292 |
| (10) In April 2006 and April 2007, no amount shall be | 97293 |
| credited to the Local Government Fund or to the Local Government | 97294 |
| Revenue Assistance Fund; | 97295 |
| (11) In May 2006 and May 2007, seventy per cent of | 97296 |
| $3,300,718.22 shall be credited to the Local Government Fund and | 97297 |
| seventy per cent of $471,531.17 shall be credited to the Local | 97298 |
| Government Revenue Assistance Fund; | 97299 |
| (12) In June 2006 and June 2007, seventy per cent of | 97300 |
| $9,344,500.89 shall be credited to the Local Government Fund and | 97301 |
| seventy per cent of $1,334,928.70 shall be credited to the Local | 97302 |
| Government Revenue Assistance Fund. | 97303 |
| (F) Notwithstanding the amounts required to be credited | 97304 |
| pursuant to division (C) of this section, the amount credited each | 97305 |
| month to the Local Government Fund and the Local Government | 97306 |
| Revenue Assistance Fund from the personal income tax shall be net | 97307 |
| of a reduction. The reduction shall equal the amount by which the | 97308 |
| monthly distributions required by division (I) of this section are | 97309 |
| below the total amount that otherwise would have been credited for | 97310 |
| that month pursuant to divisions (C), (D), and (E) of this | 97311 |
| section. | 97312 |
| (G) Pursuant to division (B)(3) of this section, amounts | 97313 |
| shall be credited from the personal income tax to the Library and | 97314 |
| Local Government Support Fund as follows: | 97315 |
| (1) In July 2005, one hundred per cent of the amount credited | 97316 |
| in July 2004; in July 2006, ninety-five per cent of the amount | 97317 |
| credited in July 2005; | 97318 |
| (2) In August 2005, one hundred per cent of the amount | 97319 |
| credited in August 2004; in August 2006, ninety-five per cent of | 97320 |
| the amount credited in August 2005; | 97321 |
| (3) In September 2005, one hundred per cent of the amount | 97322 |
| credited in September 2004; in September 2006, ninety-five per | 97323 |
| cent of the amount credited in September 2005; | 97324 |
| (4) In October 2005, one hundred per cent of the amount | 97325 |
| credited in October 2004; in October 2006, ninety-five per cent of | 97326 |
| the amount credited in October 2005; | 97327 |
| (5) In November 2005, one hundred per cent of the amount | 97328 |
| credited in November 2004; in November 2006, ninety-five per cent | 97329 |
| of the amount credited in November 2005; | 97330 |
| (6) In December 2005, ninety-five per cent of the amount | 97331 |
| credited in December 2004; in December 2006, one hundred per cent | 97332 |
| of the amount credited in December 2005; | 97333 |
| (7) In January 2006, ninety-five per cent of the amount | 97334 |
| credited in January 2005; in January 2007, one hundred per cent of | 97335 |
| the amount credited in January 2006; | 97336 |
| (8) In February 2006, ninety-five per cent of the amount | 97337 |
| credited in February 2005; in February 2007, one hundred per cent | 97338 |
| of the amount credited in February 2006; | 97339 |
| (9) In March 2006, ninety-five per cent of the amount | 97340 |
| credited in March 2005; in March 2007, one hundred per cent of the | 97341 |
| amount credited in March 2006; | 97342 |
| (10) In April 2006, ninety-five per cent of the amount | 97343 |
| credited in April 2005; in April 2007, one hundred per cent of the | 97344 |
| amount credited in April 2006; | 97345 |
| (11) In May 2006, ninety-five per cent of the amount credited | 97346 |
| in May 2005; in May 2007, one hundred per cent of the amount | 97347 |
| credited in May 2006; | 97348 |
| (12) In June 2006, ninety-five per cent of the amount | 97349 |
| credited in June 2005; in June 2007, one hundred per cent of the | 97350 |
| amount credited in June 2006. | 97351 |
| (H) The total amount credited to the Local Government Fund | 97352 |
| and the Local Government Revenue Assistance Fund in each month | 97353 |
| during the period July 2005 through November 2005 shall be | 97354 |
| distributed by the tenth day of the immediately succeeding month | 97355 |
| in the following manner, and the total amount credited to the | 97356 |
| Library and Local Government Support Fund in each month during the | 97357 |
| period July 2005 through June 2007 shall be distributed by the | 97358 |
| tenth day of the immediately succeeding month in the following | 97359 |
| manner: | 97360 |
| (1) Each county undivided local government fund shall receive | 97361 |
| a distribution from the Local Government Fund based on its | 97362 |
| proportionate share of the total amount received from the fund in | 97363 |
| such respective month for the period August 1, 2004, through | 97364 |
| December 31, 2004. | 97365 |
| (2) Each municipal corporation receiving a direct | 97366 |
| distribution from the Local Government Fund shall receive a | 97367 |
| distribution based on its proportionate share of the total amount | 97368 |
| received from the fund in such respective month for the period | 97369 |
| August 1, 2004, through December 31, 2004. | 97370 |
| (3) Each county undivided local government revenue assistance | 97371 |
| fund shall receive a distribution from the Local Government | 97372 |
| Revenue Assistance Fund based on its proportionate share of the | 97373 |
| total amount received from the fund in such respective month for | 97374 |
| the period August 1, 2004, through December 31, 2004. | 97375 |
| (4) Each county undivided library and local government | 97376 |
| support fund shall receive a distribution from the Library and | 97377 |
| Local Government Support Fund based on its proportionate share of | 97378 |
| the total amount received from the fund in such respective month | 97379 |
| for the period August 1, 2004, through July 31, 2005. | 97380 |
| (I) Notwithstanding any other provision of law to the | 97381 |
| contrary, the total amount credited to the Local Government Fund | 97382 |
| and the Local Government Revenue Assistance Fund in each month | 97383 |
| during the period December 2005 through June 2007 shall be | 97384 |
| distributed by the tenth day of the immediately succeeding month | 97385 |
| in the following manner: | 97386 |
| (1) Each county undivided local government fund and each | 97387 |
| county undivided local government revenue assistance fund shall | 97388 |
| receive the "countywide township and village distribution" for | 97389 |
| each respective fund, as determined under divisions (I)(1)(a) and | 97390 |
| (b) of this section. | 97391 |
| (a) The countywide township and village distribution is | 97392 |
| determined as follows: For each county undivided local government | 97393 |
| fund and each county undivided local government revenue assistance | 97394 |
| fund, the Tax Commissioner shall identify the proportionate shares | 97395 |
| of the distributions made from each fund to townships and villages | 97396 |
| located partially or entirely in that county, as reported by the | 97397 |
| county auditor for calendar year 2005 under division (J) of | 97398 |
| section 5747.51 and division (I) of section 5747.62 of the Revised | 97399 |
| Code, respectively. For each county and each fund, the Tax | 97400 |
| Commissioner shall compute the sum of the proportionate shares of | 97401 |
| distributions to townships and villages, and shall next multiply | 97402 |
| the sum for each fund by the amount distributed each month to the | 97403 |
| county undivided local government fund from the local government | 97404 |
| fund and by the amount distributed each month to the county | 97405 |
| undivided local government revenue assistance fund from the local | 97406 |
| government revenue assistance fund, respectively, during the | 97407 |
| period January 2005 through December 2005. | 97408 |
| (b) The Tax Commissioner shall multiply each product derived | 97409 |
| in division (I)(1)(a) of this section by one hundred per cent to | 97410 |
| yield that month's countywide township and village distribution | 97411 |
| for each fund and each county. | 97412 |
| (c) Only those subdivisions reported as townships and those | 97413 |
| municipal corporations reported as villages in the most recent | 97414 |
| edition of the Secretary of State's "Ohio Municipal, Township and | 97415 |
| School Board Roster," available as of November 1, 2005, shall be | 97416 |
| considered to be townships or villages, respectively, for purposes | 97417 |
| of this section. Townships and villages that are dissolved or that | 97418 |
| merge with another subdivision on or after August 1, 2005, may be | 97419 |
| excluded from the calculation of the countywide township and | 97420 |
| village distribution. | 97421 |
| (2) In addition to the distributions provided in divisions | 97422 |
| (I)(1), (I)(3) and (I)(5) of this section, each county undivided | 97423 |
| local government fund and each county undivided local government | 97424 |
| revenue assistance fund shall receive the "county distribution" | 97425 |
| computed for each fund under divisions (I)(2)(a) and (b) of this | 97426 |
| section. | 97427 |
| (a) The monthly distribution made from the county undivided | 97428 |
| local government fund to each county as a subdivision during the | 97429 |
| period January 2005 through December 2005, excluding dealer in | 97430 |
| intangibles tax distributions, multiplied by ninety per cent. | 97431 |
| (b) The monthly distribution made from the county undivided | 97432 |
| local government revenue assistance fund to each county as a | 97433 |
| subdivision during the period January 2005 through December 2005, | 97434 |
| multiplied by ninety per cent. | 97435 |
| (3) In addition to the distributions provided in divisions | 97436 |
| (I)(1), (I)(2), and (I)(5) of this section, each county undivided | 97437 |
| local government fund and each county undivided local government | 97438 |
| revenue assistance fund shall receive the "other taxing unit | 97439 |
| distribution" computed for each fund under divisions (I)(3)(a) and | 97440 |
| (b) of this section. | 97441 |
| (a) The sum of the monthly product calculated pursuant to | 97442 |
| division (I)(1)(a) of this section, the monthly distribution to | 97443 |
| the county as a subdivision from the county undivided local | 97444 |
| government fund, excluding dealer in intangibles tax | 97445 |
| distributions, during the period January 2005 through December | 97446 |
| 2005, and the monthly distribution made from the county undivided | 97447 |
| local government fund, excluding dealer in intangibles tax | 97448 |
| distributions, to municipal corporations not otherwise included in | 97449 |
| division (I)(1)(a) of this section during the period January 2005 | 97450 |
| through December 2005 shall be subtracted from the county | 97451 |
| undivided local government fund distribution made from the local | 97452 |
| government fund in such respective month during the period January | 97453 |
| 2005 through December 2005. The difference shall be multiplied by | 97454 |
| eighty per cent. | 97455 |
| (b) The sum of the monthly product calculated pursuant to | 97456 |
| division (I)(1)(a) of this section, the monthly distribution to | 97457 |
| the county as a subdivision from the undivided local government | 97458 |
| revenue assistance fund during the period January 2005 through | 97459 |
| December 2005, and the monthly distribution made from the county | 97460 |
| undivided local government revenue assistance fund to municipal | 97461 |
| corporations not otherwise included in division (I)(1)(a) of this | 97462 |
| section during the period January 2005 through December 2005 shall | 97463 |
| be subtracted from the county undivided local government revenue | 97464 |
| assistance fund distribution made from the local government | 97465 |
| revenue assistance fund in such respective month during the period | 97466 |
| January 2005 through December 2005. The difference shall be | 97467 |
| multiplied by eighty per cent. | 97468 |
| (4) Each municipal corporation identified by the Tax | 97469 |
| Commissioner as a village under division (I)(1)(c) of this section | 97470 |
| shall receive in each month an amount directly from the Local | 97471 |
| Government Fund equal to one hundred per cent of the amount the | 97472 |
| municipal corporation received directly from that fund in such | 97473 |
| respective month during the period January 1, 2005, through | 97474 |
| December 31, 2005. | 97475 |
| The Tax Commissioner shall compute for each municipal | 97476 |
| corporation, excluding villages receiving amounts pursuant to | 97477 |
| division (I)(4) of this section, an "excess amount," which amount | 97478 |
| equals the extent to which such municipal corporation's | 97479 |
| distributions received directly from the Local Government Fund | 97480 |
| during calendar year 2005 and the distributions received from the | 97481 |
| county undivided local government fund, excluding dealer in | 97482 |
| intangibles tax distributions, during calendar year 2005 exceeded | 97483 |
| $1,000,000. If a positive excess amount is computed for a | 97484 |
| municipal corporation, then the Tax Commissioner shall divide the | 97485 |
| excess amount by the sum of the amount received by that municipal | 97486 |
| corporation directly from the Local Government Fund during | 97487 |
| calendar year 2005 plus the amount that municipal corporation | 97488 |
| received from the county undivided local government fund, | 97489 |
| excluding dealer in intangibles tax distributions, during calendar | 97490 |
| year 2005. The result of that calculation shall be the "percentage | 97491 |
| excess" for the subject municipal corporation. The | 97492 |
| "below-threshold percentage" equals the percentage excess | 97493 |
| subtracted from one. Any municipal corporation for which a | 97494 |
| percentage excess is computed shall receive a monthly distribution | 97495 |
| directly from the Local Government Fund equal to the sum of (1) | 97496 |
| the product derived by multiplying the distribution received | 97497 |
| directly from the Local Government Fund by the municipal | 97498 |
| corporation in such month of calendar year 2005 times the | 97499 |
| below-threshold percentage, multiplied by ninety per cent, and (2) | 97500 |
| the product derived by multiplying the distribution received | 97501 |
| directly from the Local Government Fund by the municipal | 97502 |
| corporation in such month of calendar year 2005 times the | 97503 |
| percentage excess, multiplied by eighty per cent. Except for | 97504 |
| villages receiving amounts pursuant to division (I)(4) of this | 97505 |
| section, each municipal corporation whose excess amount computed | 97506 |
| under this division is not a positive number and a percentage | 97507 |
| excess has therefore not been computed shall receive in each month | 97508 |
| an amount directly from the Local Government Fund that is equal to | 97509 |
| ninety per cent of the amount the municipal corporation received | 97510 |
| directly from that fund in such respective month during the period | 97511 |
| January 1, 2005, through December 31, 2005. | 97512 |
| (5) Each county undivided local government fund and each | 97513 |
| county undivided local government revenue assistance fund shall | 97514 |
| receive the total "city distribution" for each respective county | 97515 |
| fund, as determined under divisions (I)(5)(a) and (b) of this | 97516 |
| section. Notwithstanding divisions (C) to (I) of section 5747.51 | 97517 |
| or section 5747.53 of the Revised Code to the contrary, each city | 97518 |
| shall receive from the county undivided local government fund and | 97519 |
| from the county undivided local government revenue assistance fund | 97520 |
| its monthly city distribution determined under this section. The | 97521 |
| city distribution is determined as follows: | 97522 |
| (a) For each municipal corporation otherwise not receiving a | 97523 |
| distribution under division (I)(1) of this section and that | 97524 |
| received a distribution from the county undivided local government | 97525 |
| fund during calendar year 2005, the Tax Commissioner shall | 97526 |
| identify the percentage excess and below-threshold percentage | 97527 |
| determined under division (I)(4) of this section. If a percentage | 97528 |
| excess has been computed for a municipal corporation under | 97529 |
| division (I)(4) of this section, its monthly distribution from the | 97530 |
| county undivided local government fund shall equal the sum of (1) | 97531 |
| the product derived by multiplying the amount distributed to the | 97532 |
| municipal corporation from the fund in such month of calendar year | 97533 |
| 2005, excluding any dealer in intangible tax distributions, by the | 97534 |
| below-threshold percentage, multiplied by ninety per cent, and (2) | 97535 |
| the product derived by multiplying the amount distributed to the | 97536 |
| municipal corporation from the fund in such month of calendar year | 97537 |
| 2005, excluding any dealer in intangibles tax distributions, by | 97538 |
| the percentage excess, multiplied by eighty per cent. Each | 97539 |
| municipal corporation whose excess amount is not a positive number | 97540 |
| and for which a percentage excess was not computed shall receive | 97541 |
| the amount it received from the county undivided local government | 97542 |
| fund in such month of calendar year 2005, excluding any dealer in | 97543 |
| intangibles tax distributions, multiplied by ninety per cent. | 97544 |
| (b) Each municipal corporation not otherwise receiving a | 97545 |
| distribution under division (I)(1) of this section shall receive | 97546 |
| from the county undivided local government revenue assistance fund | 97547 |
| the same amount it received from that fund in such month of | 97548 |
| calendar year 2005, multiplied by eighty per cent. | 97549 |
| (J) Notwithstanding the distribution method prescribed by | 97550 |
| divisions (C) to (I) of section 5747.51 or by section 5747.53 of | 97551 |
| the Revised Code, during the period January 1, 2006, through July | 97552 |
| 31, 2007, the amounts allocated monthly to each county undivided | 97553 |
| local government fund from the local government fund shall be | 97554 |
| distributed among all subdivisions located wholly or partially in | 97555 |
| the county in the manner prescribed by division (J) of this | 97556 |
| section. | 97557 |
| (1) The countywide township and village distribution shall be | 97558 |
| distributed among townships and villages based on their relative | 97559 |
| proportionate shares of the sum of the township and village | 97560 |
| proportionate shares described in division (I)(1)(a) of this | 97561 |
| section. | 97562 |
| (2) The other taxing unit distribution shall be distributed | 97563 |
| to subdivisions not otherwise included in divisions (J)(1), | 97564 |
| (J)(3), and (J)(4) of this section based on their relative | 97565 |
| proportionate shares of the sum of proportionate shares for such | 97566 |
| subdivisions based on the calendar year 2005 report submitted by | 97567 |
| the county auditor to the Tax Commissioner pursuant to division | 97568 |
| (J) of section 5747.51 of the Revised Code. | 97569 |
| (3) The city distribution shall be distributed according to | 97570 |
| division (I)(5) of this section. | 97571 |
| (4) The county distribution shall be distributed according to | 97572 |
| division (I)(2) of this section. | 97573 |
| (5) Dealer in intangibles taxes distributed to each county | 97574 |
| undivided local government fund shall be distributed among | 97575 |
| subdivisions based on each subdivision's relative share of the | 97576 |
| total distributions made from the county undivided local | 97577 |
| government fund according to divisions (J)(1) to (3) of this | 97578 |
| section. | 97579 |
| (6) By December 20, 2005, the Tax Commissioner shall make | 97580 |
| such information available to each county auditor deemed | 97581 |
| reasonable and appropriate for the purposes of making the | 97582 |
| distributions required by this section. | 97583 |
| (7) Until the county auditor provides the Tax Commissioner | 97584 |
| the report required by division (J) of section 5747.51 for | 97585 |
| calendar year 2005, the amounts distributed to the county | 97586 |
| undivided local government fund that are subsequently apportioned | 97587 |
| to subdivisions under this section shall be based on the most | 97588 |
| recent year for which a report has been submitted. If a county | 97589 |
| auditor report for a calendar year preceding calendar year 2005 is | 97590 |
| used to make the distributions under this section and the county | 97591 |
| auditor report for calendar year 2005 report is subsequently | 97592 |
| submitted to the Tax Commissioner, there shall be no adjustment | 97593 |
| for any month when such pre-calendar year 2005 report information | 97594 |
| was used. | 97595 |
| (K) Notwithstanding the distribution method prescribed by | 97596 |
| divisions (C) to (H) of section 5747.62 or by section 5747.63 of | 97597 |
| the Revised Code, during the period January 1, 2006, through July | 97598 |
| 31, 2007, the amounts allocated monthly to each county undivided | 97599 |
| local government revenue assistance fund from the local government | 97600 |
| revenue assistance fund shall be distributed among all | 97601 |
| subdivisions located wholly or partially in the county in the | 97602 |
| manner prescribed by division (K) of this section. | 97603 |
| (1) The countywide township and village distribution shall be | 97604 |
| distributed among townships and villages based on their relative | 97605 |
| proportionate shares of the sum of the township and village | 97606 |
| proportionate shares described in division (I)(1)(a) of this | 97607 |
| section. | 97608 |
| (2) The other taxing unit distribution shall be distributed | 97609 |
| to subdivisions not otherwise included in division (K)(1), (K)(3), | 97610 |
| and (K)(4) of this section based on their relative proportionate | 97611 |
| shares of the sum of proportionate shares for such subdivisions | 97612 |
| based on the calendar year 2005 report submitted by the county | 97613 |
| auditor to the Tax Commissioner pursuant to division (I) of | 97614 |
| section 5747.62 of the Revised Code. | 97615 |
| (3) The city distribution shall be distributed according to | 97616 |
| division (I)(5) of this section. | 97617 |
| (4) The county distribution shall be distributed according to | 97618 |
| division (I)(2) of this section. | 97619 |
| (5) By December 20, 2005, the Tax Commissioner shall make | 97620 |
| such information available to each county auditor deemed | 97621 |
| reasonable and appropriate for the purposes of making the | 97622 |
| distributions required by this section. | 97623 |
| (6) Until the county auditor provides the Tax Commissioner | 97624 |
| the report required by division (I) of section 5747.62 for | 97625 |
| calendar year 2005, the amounts distributed to the county | 97626 |
| undivided local government revenue assistance fund that are | 97627 |
| subsequently apportioned to subdivisions under this section shall | 97628 |
| be based on the most recent year for which a report has been | 97629 |
| submitted. If a county auditor report for a calendar year | 97630 |
| preceding calendar year 2005 is used to make the distributions | 97631 |
| under this section and the county auditor report for calendar year | 97632 |
| 2005 report is subsequently submitted to the Tax Commissioner, | 97633 |
| there shall be no adjustment for any month when such pre-calendar | 97634 |
| year 2005 report information was used. | 97635 |
| (L) For the 2005, 2006, and 2007 distribution years, the Tax | 97636 |
| Commissioner is not required to issue the certifications otherwise | 97637 |
| required by sections 5747.47, 5747.501, 5747.51, and 5747.61 of | 97638 |
| the Revised Code, but shall provide to each county auditor by the | 97639 |
| twentieth day of July 2005, July 2006, and July 2007 an estimate | 97640 |
| of the amounts to be received by the county in the ensuing year | 97641 |
| from the Local Government Fund, Local Government Revenue | 97642 |
| Assistance Fund, and Library and Local Government Support Fund | 97643 |
| pursuant to this section and any pertinent section of the Revised | 97644 |
| Code. For the 2006 distribution year, the Tax Commissioner shall | 97645 |
| provide by December 20, 2005, a revised estimate of the amounts to | 97646 |
| be received by the county in the ensuing year from the Local | 97647 |
| Government Fund, Local Government Revenue Assistance Fund, and | 97648 |
| Library and Local Government Support Fund pursuant to this section | 97649 |
| and any pertinent section of the Revised Code. At the discretion | 97650 |
| of the Tax Commissioner, the Tax Commissioner may report to each | 97651 |
| county auditor additional revised estimates of the 2005, 2006, or | 97652 |
| 2007 distributions at any time during the period July 1, 2005, | 97653 |
| through July 31, 2007. | 97654 |
| (M) During the period July 1, 2005, through July 31, 2007, | 97655 |
| the Director of Budget and Management shall issue such directives | 97656 |
| to state agencies that are necessary to ensure that the | 97657 |
| appropriate amounts are distributed to the Local Government Fund, | 97658 |
| to the Local Government Revenue Assistance Fund, and to the | 97659 |
| Library and Local Government Support Fund. | 97660 |
| Section 557.13.03. The Tax Commissioner shall review the | 97661 |
| calculations of the multipliers used in the determination of oil | 97662 |
| and gas valuations, in light of the amendment by this act to | 97663 |
| section 5715.01 of the Revised Code, and the enactment by this act | 97664 |
| of section 5709.112 of the Revised Code. The review shall be | 97665 |
| conducted in sufficient time to be used in the Commissioner's | 97666 |
| annual entry adopting the multipliers for tax year 2006, to ensure | 97667 |
| that oil and gas properties are uniformly assessed as provided by | 97668 |
| law and this act. | 97669 |
| Section 557.13.06. Prior to adopting the rule defining | 97670 |
| "primarily," as required by division (B)(2) of section 5725.01 of | 97671 |
| the Revised Code, the Tax Commissioner shall seek the input of | 97672 |
| current dealers in intangibles. | 97673 |
| Section 557.13.09. (A) There is hereby created the Joint | 97674 |
| Legislative Tax Reform Impact Study Committee. The Committee shall | 97675 |
| consist of the following members of the General Assembly: the | 97676 |
| chairperson of the Senate's standing committee with primary | 97677 |
| responsibility for tax legislation, the chairperson of the House | 97678 |
| of Representatives' standing committee with primary responsibility | 97679 |
| for tax legislation, four members of the House of Representatives | 97680 |
| appointed by the Speaker of the House of Representatives, and four | 97681 |
| members of the Senate appointed by the President of the Senate. | 97682 |
| Not more than two members appointed by the Speaker and not more | 97683 |
| than two members appointed by the President may be of the same | 97684 |
| political party. The appointments shall be made not later than | 97685 |
| July 31, 2005. The chairpersons of the standing committees with | 97686 |
| primary responsibility for tax legislation shall serve as | 97687 |
| co-chairpersons of the Committee. The Department of Taxation shall | 97688 |
| cooperate with the Committee and, on request, shall provide any | 97689 |
| information and assistance that is required by the Committee to | 97690 |
| carry out its duties. | 97691 |
| (B) The Committee shall study the effects on school districts | 97692 |
| and other local taxing units of phasing-out the tangible personal | 97693 |
| property tax under this act, and any other matter related to that | 97694 |
| phase-out that it considers of significance. As part of the study, | 97695 |
| the Committee shall do all of the following: | 97696 |
| (1) Estimate the total taxes lost by school districts and | 97697 |
| local taxing units as a result of the phase-out; | 97698 |
| (2) Estimate the capacity of the commercial activity tax | 97699 |
| levied under Chapter 5751. of the Revised Code, as enacted by this | 97700 |
| act, to replace lost tangible personal property tax revenues and | 97701 |
| to fund the General Revenue Fund; | 97702 |
| (3) Estimate the cost for delivery of services by school | 97703 |
| districts and other local taxing units and the emerging service | 97704 |
| demands for those services arising from demographic and economic | 97705 |
| changes to the districts and units; | 97706 |
| (4) Identify alternatives for effectively balancing state and | 97707 |
| local tax revenues available to school districts and other taxing | 97708 |
| units and their responsibilities for delivery of services; | 97709 |
| (5) Examine how the commercial activity tax treats for-profit | 97710 |
| corporations as compared to nonprofit corporations; | 97711 |
| (6) Review the impact of the commercial activity tax on the | 97712 |
| various business sectors. | 97713 |
| (C) At the call of the co-chairpersons, the Committee shall | 97714 |
| hold not less than four meetings. The co-chairpersons shall | 97715 |
| determine the time, place, and agenda for each meeting of the | 97716 |
| Committee. Not later than January 31, 2006, the Committee shall | 97717 |
| issue a report of its findings and shall make recommendations to | 97718 |
| the President of the Senate and the Speaker of the House of | 97719 |
| Representatives, at which time the Committee shall cease to exist. | 97720 |
| Section 557.13.12. There is hereby created the | 97721 |
| Telecommunication Personal Property Tax Study Committee to review | 97722 |
| the equity of the various personal property tax rates applicable | 97723 |
| to different entities providing telecommunication services in the | 97724 |
| state. The committee shall be composed of nine members as follows: | 97725 |
| three members shall be appointed by the President of the Senate | 97726 |
| from the members of the Senate, three members shall be appointed | 97727 |
| by the Speaker of the House of Representatives from the members of | 97728 |
| the House of Representatives, one member shall be the Chairperson | 97729 |
| of the Public Utilities Commission or the Chairperson's designee, | 97730 |
| one member shall be the Director of Development or the Director's | 97731 |
| designee, and one member shall be the Tax Commissioner or the | 97732 |
| Commissioner's designee. Of the members selected from the Senate | 97733 |
| and the House of Representatives, not more than two members from | 97734 |
| each house may be from the same political party. Members of the | 97735 |
| committee shall not receive compensation for their service on the | 97736 |
| committee and shall not receive reimbursement for expenses | 97737 |
| incurred related to that service. The committee shall make a | 97738 |
| report of its study and any findings it has to the General | 97739 |
| Assembly not later than December 31, 2005. The committee shall | 97740 |
| cease to exist on the date it makes the report. | 97741 |
| Section 557.15. The amendment by this act of sections 319.302 | 97742 |
| and 323.152 of the Revised Code first applies in tax year 2005. | 97743 |
| Section 557.21. The amendment by this act of section 5727.81 | 97744 |
| of the Revised Code first applies to the measurement period that | 97745 |
| includes July 1, 2005. | 97746 |
| Section 557.24. The amendment by this act of sections | 97747 |
| 5731.01, 5731.05, 5731.131, 5731.14, 5731.18, and 5731.181 of the | 97748 |
| Revised Code, and the repeal by this act of section 5731.20 of the | 97749 |
| Revised Code, applies to estates of decedents dying on or after | 97750 |
| the effective date of those sections as amended by this act. | 97751 |
| Section 557.27. The amendment by this act of section 5733.40 | 97752 |
| of the Revised Code applies to taxable years ending on or after | 97753 |
| the effective date of this act. | 97754 |
| Section 557.30. Except as otherwise provided in division | 97755 |
| (A)(18) of section 5747.01 and division (A) of section 5747.02 of | 97756 |
| the Revised Code, the amendment by this act of sections 5747.01 | 97757 |
| and 5747.02 of the Revised Code applies to taxable years ending on | 97758 |
| or after the effective date of this section. | 97759 |
| Section 557.33. The amendment by this act of section 5747.05 | 97760 |
| of the Revised Code applies to taxable years ending on or after | 97761 |
| the effective date of this section. | 97762 |
| Section 559.03. (A) Sections 9.23, 9.231, 9.232, 9.233, | 97763 |
| 9.234, 9.235, 9.236, 9.237, 9.238, and 9.239 of the Revised Code, | 97764 |
| as enacted by this act, apply only to disbursements of money that | 97765 |
| occur on or after January 1, 2006. | 97766 |
| (B) Section 9.241 of the Revised Code, as enacted by this | 97767 |
| act, applies only to contracts that are entered into or awarded on | 97768 |
| or after the effective date of that section. | 97769 |
| Section 560.03. There is hereby created the Ohio Military | 97770 |
| Reserve Homeland Security Study Commission to evaluate the role | 97771 |
| and effectiveness of the Ohio Military Reserve. The Commission | 97772 |
| shall consist of seven members: the Chairperson of the House | 97773 |
| Commerce and Labor Committee, who shall serve as chairperson of | 97774 |
| the Commission, two members of the House of Representatives whom | 97775 |
| the Speaker of the House of Representatives shall appoint, two | 97776 |
| members of the Senate whom the President of the Senate shall | 97777 |
| appoint, the Adjutant General or a representative the Adjutant | 97778 |
| General designates, and the Director of Public Safety or a | 97779 |
| representative the Director designates. The chairperson shall call | 97780 |
| the meetings of the Commission. The Commission shall report its | 97781 |
| findings to the General Assembly before January 1, 2006. | 97782 |
| Section 563.03. It is the intention of the General Assembly | 97783 |
| that the amendments made by this act to sections 3319.081 and | 97784 |
| 3319.17 of the Revised Code, and the enactment by this act of | 97785 |
| section 3319.172 of the Revised Code, shall not affect collective | 97786 |
| bargaining agreements between public employers and public | 97787 |
| employees entered into prior to the effective date of this | 97788 |
| section. | 97789 |
| Section 569.03. (A) As used in this section, "appointing | 97790 |
| authority" has the same meaning as in section 124.01 of the | 97791 |
| Revised Code, and "exempt employee" has the same meaning as in | 97792 |
| section 124.152 of the Revised Code. | 97793 |
| (B) Notwithstanding section 124.181 of the Revised Code both | 97794 |
| of the following apply: | 97795 |
| (1) In cases where no vacancy exists, an appointing authority | 97796 |
| may, with the written consent of an exempt employee, assign duties | 97797 |
| of a higher classification for a period of time not to exceed two | 97798 |
| years to that exempt employee, and that exempt employee shall | 97799 |
| receive compensation at a rate commensurate with the duties of the | 97800 |
| higher classification. | 97801 |
| (2) If necessary, employees exempt from collective bargaining | 97802 |
| who are assigned to duties within their agency to maintain | 97803 |
| operations during the Ohio Administrative Knowledge System (OAKS) | 97804 |
| implementation may agree to a temporary assignment that exceeds | 97805 |
| the two-year limit. | 97806 |
| Section 569.06. (A) As used in this section, "exempt | 97807 |
| employee" has the same meaning as in section 124.152 of the | 97808 |
| Revised Code. | 97809 |
| (B) Notwithstanding any provision to the contrary in Chapter | 97810 |
| 124. of the Revised Code, for the period beginning on July 1, | 97811 |
| 2005, and ending on June 30, 2007, the Director of Job and Family | 97812 |
| Services shall have the authority to do the following: | 97813 |
| (1) Establish, change, and abolish positions of employment in | 97814 |
| the Department of Job and Family Services that are in the | 97815 |
| classified civil service; | 97816 |
| (2) Assign, reassign, classify, reclassify, transfer, reduce, | 97817 |
| promote, and demote exempt employees of the Department who are in | 97818 |
| the classified civil service, including, but not limited to, | 97819 |
| assigning or reassigning an employee to a bargaining unit | 97820 |
| classification if the Director determines that the classification | 97821 |
| is the proper classification for that employee. | 97822 |
| (C) All actions taken by the Director under division (B) of | 97823 |
| this section relative to exempt employees of the Department who | 97824 |
| are in the classified civil service and are subject to section | 97825 |
| 900.603 of Title 5 of the Code of Federal Regulations, 5 C.F.R. | 97826 |
| 900.603, as amended, shall be consistent with the requirements of | 97827 |
| that section. | 97828 |
| (D) If an exempt employee of the Department who is in the | 97829 |
| classified civil service and paid in accordance with salary | 97830 |
| schedule E-1 of section 124.152 of the Revised Code is to be | 97831 |
| assigned, reassigned, classified, reclassified, transferred, | 97832 |
| reduced, or demoted to a position in a lower job classification by | 97833 |
| the Director under division (B) of this section, the Director, or | 97834 |
| in the case of a transfer of the employee outside the Department, | 97835 |
| the Director of Administrative Services, shall assign the employee | 97836 |
| to the appropriate job classification and place the exempt | 97837 |
| employee in pay step X. The employee shall not receive an increase | 97838 |
| in compensation until the maximum rate of pay for that | 97839 |
| classification exceeds the employee's compensation. | 97840 |
| (E) Actions taken by the Director under division (B) of this | 97841 |
| section shall not be subject to appeal to the State Personnel | 97842 |
| Board of Review. | 97843 |
| Section 606.03. If any item of law that constitutes the whole | 97844 |
| or part of a codified or uncodified section of law contained in | 97845 |
| this act, or if any application of any item of law that | 97846 |
| constitutes the whole or part of a codified or uncodified section | 97847 |
| of law contained in this act, is held invalid, the invalidity does | 97848 |
| not affect other items of law or applications of items of law that | 97849 |
| can be given effect without the invalid item of law or | 97850 |
| application. To this end, the items of law of which the codified | 97851 |
| and uncodified sections contained in this act are composed, and | 97852 |
| their applications, are independent and severable. | 97853 |
| Section 609.03. An item of law, other than an amending, | 97854 |
| enacting, or repealing clause, that composes the whole or part of | 97855 |
| an uncodified section contained in this act has no effect after | 97856 |
| June 30, 2007, unless its context clearly indicates otherwise. | 97857 |
| Section 612.03. Except as otherwise specifically provided in | 97858 |
| this act, the codified sections of law amended or enacted in this | 97859 |
| act, and the items of law of which the codified sections of law | 97860 |
| amended or enacted in this act are composed, are subject to the | 97861 |
| referendum. Therefore, under Ohio Constitution, Article II, | 97862 |
| Section 1c and section 1.471 of the Revised Code, the codified | 97863 |
| sections of law amended or enacted by this act, and the items of | 97864 |
| law of which the codified sections of law as amended or enacted by | 97865 |
| this act are composed, take effect on the ninety-first day after | 97866 |
| this act is filed with the Secretary of State. If, however, a | 97867 |
| referendum petition is filed against any such codified section of | 97868 |
| law as amended or enacted by this act, or against any item of law | 97869 |
| of which any such codified section of law as amended or enacted by | 97870 |
| this act is composed, the codified section of law as amended or | 97871 |
| enacted, or item of law, unless rejected at the referendum, takes | 97872 |
| effect at the earliest time permitted by law. | 97873 |
| Section 612.06. Except as otherwise specifically provided in | 97874 |
| this act, the repeal by this act of a codified section of law is | 97875 |
| subject to the referendum. Therefore, under Ohio Constitution, | 97876 |
| Article II, Section 1c and section 1.471 of the Revised Code, the | 97877 |
| repeal by this act of a codified section of law takes effect on | 97878 |
| the ninety-first day after this act is filed with the Secretary of | 97879 |
| State. If, however, a referendum petition is filed against any | 97880 |
| such repeal, the repeal, unless rejected at the referendum, takes | 97881 |
| effect at the earliest time permitted by law. | 97882 |
| Section 612.09. The sections of law amended, enacted, or | 97883 |
| repealed by this act that are listed in this section are subject | 97884 |
| to the referendum. Therefore, under Ohio Constitution, Article II, | 97885 |
| Section 1c and section 1.471 of the Revised Code, the sections, | 97886 |
| and the items of law of which they are composed, take effect as | 97887 |
| specified in this section. If, however, a referendum petition is | 97888 |
| filed against any such section as amended, enacted, or repealed, | 97889 |
| or against any item of law of which any such section as amended or | 97890 |
| enacted is composed, the section as amended, enacted, or repealed | 97891 |
| goes into effect at the earliest time permitted by law that is on | 97892 |
| or after the effective date specified in this section. | 97893 |
| Sections 9.24, 120.52, 120.53, 131.23, 317.08, 317.36, | 97894 |
| 323.01, 329.051, 340.03, 340.16, 1901.26, 1907.24, 2303.201, | 97895 |
| 2305.234, 2744.05, 3111.04, 3119.54, 3121.12, 3121.50, 3702.74, | 97896 |
| 4123.27, 4705.09, 4731.65, 4731.71, 4736.11, 5101.181, 5101.241, | 97897 |
| 5101.26, 5101.31, 5101.36, 5104.38, 5107.26, 5110.01, 5110.05, | 97898 |
| 5111.021 (5111.022), 5111.022 (5111.023), 5111.023 (5111.0115), | 97899 |
| 5111.025, 5111.062, 5111.10, 5111.85, 5111.851, 5111.852, | 97900 |
| 5111.853, 5111.854, 5111.855, 5111.856, 5111.89, 5111.891, | 97901 |
| 5111.892, 5111.893, 5111.914, 5111.97 (5111.86), 5112.03, 5112.08, | 97902 |
| 5112.17, 5115.10, 5115.11, 5115.12, 5115.13, 5115.14, 5115.20, | 97903 |
| 5115.22, 5115.23, and 5119.61 of the Revised Code take effect | 97904 |
| October 1, 2005. | 97905 |
| Sections 1711.531, 4753.03, 4753.06, 4753.071, 4753.08, | 97906 |
| 4753.09, 5107.05, 5107.30, and 5107.301 of the Revised Code take | 97907 |
| effect January 1, 2006. | 97908 |
| Sections 3301.0710 and 3301.0714 of the Revised Code take | 97909 |
| effect July 1, 2006. | 97910 |
| Section 612.12. Sections 101.391, 108.05, 109.57, 109.91, | 97911 |
| 120.36, 121.37, 121.38, 121.381, 121.382, 122.011, 122.083, | 97912 |
| 123.17, 125.11, 125.60, 125.601, 125.602, 125.603, 125.604, | 97913 |
| 125.605, 125.606, 125.607, 125.608, 125.609, 125.6010, 125.6011, | 97914 |
| 125.6012, 125.831, 125.832, 126.25, 131.02, 133.09, 141.011, | 97915 |
| 141.04, 147.05, 147.10, 147.11, 147.12, 147.371, 149.30, 181.251 | 97916 |
| (5502.63), 181.51 (5502.61), 181.52 (5502.62), 181.54 (5502.64), | 97917 |
| 181.55 (5502.65), 181.56 (5502.66), 307.86, 339.72, 339.88, | 97918 |
| 731.14, 731.141, 742.59, 901.43, 901.44, 905.32, 905.33, 905.331, | 97919 |
| 905.36, 905.37, 905.38, 905.381, 905.50, 905.66, 907.16, 913.02, | 97920 |
| 913.23, 915.02, 915.16, 915.24, 921.02, 921.16, 923.44, 923.45, | 97921 |
| 923.46, 926.01, 927.69, 1327.511, 1502.02, 1515.14, 1541.03, | 97922 |
| 1713.03, 2113.041, 2117.061, 2151.416, 2152.74, 2901.07, 2923.25, | 97923 |
| 3107.10, 3125.191, 3301.311, 3301.32, 3301.86, 3301.88, 3310.01, | 97924 |
| 3310.02, 3310.03, 3310.04, 3310.05, 3310.06, 3310.07, 3310.08, | 97925 |
| 3310.09, 3310.10, 3310.13, 3310.14, 3310.16, 3310.17, 3311.11, | 97926 |
| 3313.975, 3313.976, 3313.977, 3313.978, 3313.98, 3314.013, | 97927 |
| 3314.015, 3314.021, 3314.06, 3314.061, 3314.084, 3314.085, | 97928 |
| 3314.13, 3314.27, 3314.28, 3316.043, 3317.01, 3317.013, 3317.016, | 97929 |
| 3317.017, 3317.02, 3317.022, 3317.023, 3317.026, 3317.027, | 97930 |
| 3317.028, 3317.029, 3317.0216, 3317.0217, 3317.03, 3317.031, | 97931 |
| 3317.05, 3317.052, 3317.053, 3317.063, 3317.07, 3317.081, 3317.10, | 97932 |
| 3317.16, 3317.20, 3317.201, 3317.21 (3318.47), 3317.22 (3318.48), | 97933 |
| 3317.23 (3318.49), 3318.33, 3319.06, 3323.091, 3323.14, 3323.16, | 97934 |
| 3323.19, 3325.11, 3325.12, 3325.16, 3325.17, 3333.28, 3333.36, | 97935 |
| 3334.02, 3334.19, 3365.01, 3365.02, 3701.021, 3701.073, 3701.146, | 97936 |
| 3702.141, 3702.68, 3702.83, 3709.29, 3709.34, 3712.03, 3714.073, | 97937 |
| 3715.04, 3721.011, 3721.03, 3721.032, 3721.07, 3721.15, 3721.21, | 97938 |
| 3721.541, 3734.57, 3734.901, 3734.9010, 3743.57, 3745.015, | 97939 |
| 3745.11, 3745.114, 3748.07, 3748.13, 3770.061, 3793.09, 3901.021, | 97940 |
| 3901.17, 3905.36, 4112.12, 4115.32, 4115.34, 4115.36, 4511.75, | 97941 |
| 4519.02, 4519.09, 4723.32, 4723.61, 4723.62, 4723.621, 4723.63 | 97942 |
| (4723.91), 4723.64, 4723.65, 4723.66, 4723.67, 4723.68, 4723.69, | 97943 |
| 4736.12, 4766.09, 4766.14, 4905.10, 4911.18, 4973.171, 5101.07, | 97944 |
| 5101.071, 5101.21, 5101.46, 5101.461, 5101.821, 5104.01, 5104.32, | 97945 |
| 5110.352, 5111.019, 5111.061, 5111.082, 5111.11, 5111.111, | 97946 |
| 5111.112 (5111.113), 5111.113 (5111.114), 5111.16, 5111.161, | 97947 |
| 5111.162, 5111.163, 5111.164, 5111.17, 5111.176, 5111.19, | 97948 |
| 5111.191, 5111.98, 5112.30, 5112.341, 5120.09, 5120.51, 5139.01, | 97949 |
| 5502.01, 5540.01, 5540.032, 5540.09, 5731.39, and 6109.21 of the | 97950 |
| Revised Code as amended or enacted by this act, and the items of | 97951 |
| law of which such sections as amended or enacted by this act are | 97952 |
| composed, are not subject to the referendum. Therefore, under Ohio | 97953 |
| Constitution, Article II, Section 1d and section 1.471 of the | 97954 |
| Revised Code, such sections as amended or enacted by this act, and | 97955 |
| the items of law of which such sections as amended or enacted by | 97956 |
| this act are composed, go into immediate effect when this act | 97957 |
| becomes law. | 97958 |
| Section 612.12.01. The enactment by this act of new section | 97959 |
| 4723.63 of the Revised Code, and the items of which it is | 97960 |
| composed, are not subject to the referendum. Therefore, under Ohio | 97961 |
| Constitution, Article II, Section 1d and section 1.471 of the | 97962 |
| Revised Code, the new section, and the items of which it is | 97963 |
| composed, go into immediate effect when this act becomes law. | 97964 |
| Section 612.12.03. New sections 3317.012, 5111.02, and | 97965 |
| 5111.112 of the Revised Code as enacted by this act, and the items | 97966 |
| of law of which such sections as enacted by this act are composed, | 97967 |
| are not subject to the referendum. Therefore, under Ohio | 97968 |
| Constitution, Article II, Section 1d and section 1.471 of the | 97969 |
| Revised Code, such sections as enacted by this act, and the items | 97970 |
| of law of which such sections as enacted by this act are composed, | 97971 |
| go into immediate effect when this act becomes law. | 97972 |
| Section 612.15. The repeal by this act of sections 181.53, | 97973 |
| 339.77, 742.36, 3301.31, 3301.33, 3301.34, 3301.35, 3301.36, | 97974 |
| 3301.37, 3301.38, 3301.85, 3301.87, 3317.012, 3317.0212, and | 97975 |
| 3317.0213 of the Revised Code is not subject to the referendum. | 97976 |
| Therefore, under Ohio Constitution, Article II, Section 1d and | 97977 |
| section 1.471 of the Revised Code, the repeals go into immediate | 97978 |
| effect when this act becomes law. | 97979 |
| Section 612.18. The sections of law amended, enacted, or | 97980 |
| repealed by this act that are listed in this section are not | 97981 |
| subject to the referendum. Therefore, under Ohio Constitution, | 97982 |
| Article II, Section 1d and section 1.471 of the Revised Code, the | 97983 |
| sections as amended, enacted, or repealed, and the items of law of | 97984 |
| which such sections as amended or enacted by this act are | 97985 |
| composed, go into effect as specified in this section. | 97986 |
| Sections 125.05, 140.01, 183.28, 3301.80, 3314.074, 3317.06, | 97987 |
| 3317.50, 3317.51, 3319.22, 3319.235, 3323.021, 3353.01, 3353.02, | 97988 |
| 3353.03, 3353.04, 3353.06, 3353.07, 3506.17, 3704.035, 3704.14, | 97989 |
| 3704.142, 3704.143, 3704.17, 3704.99, 3721.01, 3721.19, 3721.50, | 97990 |
| 3721.51, 3721.511, 3721.52, 3721.56, 3721.561, 3721.58, 3722.01, | 97991 |
| 3722.02, 4117.24, 4503.103, 5111.041, 5111.042, 5111.20, 5111.21, | 97992 |
| 5111.22, 5111.221, 5111.222, 5111.223, 5111.23, 5111.231 | 97993 |
| (5111.232), 5111.235, 5111.24, 5111.241, 5111.242, 5111.243, | 97994 |
| 5111.244, 5111.25, 5111.251, 5111.254, 5111.255, 5111.257 | 97995 |
| (5111.258), 5111.26, 5111.261, 5111.262, 5111.263, 5111.264, | 97996 |
| 5111.265, 5111.266, 5111.27, 5111.28, 5111.29, 5111.291, 5111.30, | 97997 |
| 5111.31, 5111.32, 5111.33, 5111.34, 5111.65, 5111.651, 5111.66, | 97998 |
| 5111.661, 5111.67, 5111.671, 5111.672, 5111.673, 5111.674, | 97999 |
| 5111.675, 5111.676, 5111.677, 5111.68, 5111.681, 5111.682, | 98000 |
| 5111.683, 5111.684, 5111.685, 5111.686, 5111.687, 5111.688, | 98001 |
| 5111.871, 5112.31, 5123.01, 5123.041, 5123.045, 5123.046, | 98002 |
| 5123.047, 5123.048, 5123.049, 5123.0412, 5123.16, 5123.34, | 98003 |
| 5123.41, 5123.71, 5123.76, 5126.01, 5126.035, 5126.042, 5126.054, | 98004 |
| 5126.055, 5126.056, 5126.057, 5126.12, 5552.01, and 5705.091 of | 98005 |
| the Revised Code take effect July 1, 2005. | 98006 |
| New sections 3353.02, 3353.03, 3704.14, 5111.231, 5111.24, | 98007 |
| 5111.257, and 5123.048 of the Revised Code take effect July 1, | 98008 |
| 2005. | 98009 |
| Section 612.21. The amendment or enactment by this act of | 98010 |
| sections 122.17, 122.171, 122.172, 122.173, 122.18, 140.08, | 98011 |
| 150.07, 150.10, 319.302, 323.152, 325.31, 1548.06, 2921.13, | 98012 |
| 2927.023, 4301.43, 4505.06, 5703.052, 5703.053, 5703.057, 5703.26, | 98013 |
| 5703.50, 5703.70, 5703.99, 5707.031, 5709.112, 5711.16, 5711.21, | 98014 |
| 5711.22, 5711.28, 5715.01, 5715.24, 5725.19, 5725.32, 5727.01, | 98015 |
| 5727.02, 5727.031, 5727.06, 5727.08, 5727.10, 5727.11, 5727.111, | 98016 |
| 5727.12, 5727.23, 5727.241, 5727.47, 5727.81, 5727.812, 5727.82, | 98017 |
| 5727.99, 5728.01, 5728.02, 5728.03, 5728.04, 5728.06, 5728.08, | 98018 |
| 5728.99, 5729.032, 5729.08, 5731.01, 5731.05, 5731.131, 5731.14, | 98019 |
| 5731.18, 5731.181, 5731.41, 5731.99, 5733.01, 5733.33, 5733,351, | 98020 |
| 5733.352, 5733.40, 5733.41, 5733.49, 5733.98, 5733.99, 5735.99, | 98021 |
| 5737.03, 5739.025, 5739.034, 5739.035, 5739.10, 5739.99, 5741.99, | 98022 |
| 5743.01, 5743.03, 5743.031, 5743.05, 5743.071, 5743.072, 5743.08, | 98023 |
| 5743.10, 5743.111, 5743.112, 5743.14, 5743.15, 5743.16, 5743.18, | 98024 |
| 5743.19, 5743.20, 5743.71, 5743.99, 5747.012, 5747.02, 5747.05, | 98025 |
| 5747.056, 5747.08, 5747.212, 5747.331, 5747.80, 5747.98, 5747.99, | 98026 |
| 5751.01, 5751.011, 5751.012, 5751.013, 5751.02, 5751.03, 5751.031, | 98027 |
| 5751.032, 5751.033, 5751.04, 5751.05, 5751.051, 5751.06, 5751.07, | 98028 |
| 5751.08, 5751.081, 5751.09, 5751.10, 5751.11, 5751.12, 5751.20, | 98029 |
| 5751.21, 5751.22, 5751.23, 5751.31, 5751.50, 5751.51, 5751.52, | 98030 |
| 5751.53, 5751.98, and 5751.99 of the Revised Code provides for or | 98031 |
| is essential to implementation of a tax levy. Therefore, under | 98032 |
| Ohio Constitution, Article II, Section 1d, the amendments and | 98033 |
| enactments, and the items of which they are composed, are not | 98034 |
| subject to the referendum and go into immediate effect when this | 98035 |
| act becomes law. | 98036 |
| Section 612.24. The repeal by this act of section 5731.20 of | 98037 |
| the Revised Code provides for or is essential to implementation of | 98038 |
| a tax levy. Therefore, under Ohio Constitution, Article II, | 98039 |
| Section 1d, the repeal is not subject to the referendum and goes | 98040 |
| into immediate effect when this act becomes law. | 98041 |
| Section 612.27. The amendment, enactment, or repeal by this | 98042 |
| act of the sections of law that are listed in this section | 98043 |
| provides for or is essential to implementation of a tax levy. | 98044 |
| Therefore, under Ohio Constitution, Article II, Section 1d, the | 98045 |
| amendments, enactments, and repeals, and the items of which any | 98046 |
| such amendment or enactment is composed, are not subject to the | 98047 |
| referendum and go into effect as specified in this section. | 98048 |
| Sections 5703.80, 5733.065, 5733.066, 5733.122, 5739.033, | 98049 |
| 5739.12, 5743.02, 5743.32, and 5743.33 of the Revised Code take | 98050 |
| effect July 1, 2005. | 98051 |
| Sections 5739.012, 5739.021, 5739.026, 5739.03, 5739.16, and | 98052 |
| 5741.16 of the Revised Code take effect January 1, 2006. | 98053 |
| Section 612.30. (A) Except as otherwise provided in division | 98054 |
| (B) of this section, the amendments by this act to section 127.16 | 98055 |
| of the Revised Code are not subject to the referendum. Therefore, | 98056 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 98057 |
| of the Revised Code, the amendments take effect July 1, 2005. | 98058 |
| (B) The amendment to division (D)(2) of section 127.16 of the | 98059 |
| Revised Code is subject to the referendum. Therefore, under Ohio | 98060 |
| Constitution, Article II, Section 1c and section 1.471 of the | 98061 |
| Revised Code, the amendment takes effect October 1, 2005. If, | 98062 |
| however, a referendum petition is filed against the amendment, the | 98063 |
| amendment, unless rejected at the referendum, takes effect at the | 98064 |
| earliest time permitted by law that is on or after the effective | 98065 |
| date specified in this division. | 98066 |
| Section 612.31. (A) Except as otherwise provided in division | 98067 |
| (B) of this section, the amendments by this act to section 307.695 | 98068 |
| of the Revised Code are subject to the referendum. Therefore, | 98069 |
| under Ohio Constitution, Article II, Section 1c and section 1.471 | 98070 |
| of the Revised Code, the amendments go into effect on the | 98071 |
| ninety-first day after this act is filed with the Secretary of | 98072 |
| State. If, however, a referendum petition is filed against the | 98073 |
| amendments, the amendments, unless rejected at the referendum, | 98074 |
| take effect at the earliest time permitted by law. | 98075 |
| (B) The amendments to section 307.695 of the Revised Code | 98076 |
| relating to community improvement corporations provide for or are | 98077 |
| essential to implementation of a tax levy. Therefore, under Ohio | 98078 |
| Constitution, Article II, Section 1d, the amendments take effect | 98079 |
| July 1, 2005. | 98080 |
| Section 612.33. (A) Except as otherwise provided in division | 98081 |
| (B) of this section, the amendments by this act to section 321.24 | 98082 |
| of the Revised Code provides for or is essential to implementation | 98083 |
| of a tax levy. Therefore, under Ohio Constitution, Article II, | 98084 |
| Section 1d, the amendments are not subject to the referendum and | 98085 |
| go into immediate effect when this act becomes law. | 98086 |
| (B) The amendment to division (F) of section 321.24 of the | 98087 |
| Revised Code provides for or is essential to implementation of a | 98088 |
| tax levy. Therefore, under Ohio Constitution, Article II, Section | 98089 |
| 1d, the amendment takes effect July 1, 2005. | 98090 |
| Section 612.36. (A) Except as otherwise provided in division | 98091 |
| (B) of this section, the amendments by this act to section 329.04 | 98092 |
| of the Revised Code are not subject to the referendum. Therefore, | 98093 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 98094 |
| of the Revised Code, the amendments go into immediate effect. | 98095 |
| (B) The amendments to divisions (A)(3) to (9) of section | 98096 |
| 329.04 of the Revised Code are subject to the referendum. | 98097 |
| Therefore, under Ohio Constitution, Article II, Section 1c and | 98098 |
| section 1.471 of the Revised Code, the amendments take effect | 98099 |
| October 1, 2005. If, however, a referendum petition is filed | 98100 |
| against the amendments, the amendments, unless rejected at the | 98101 |
| referendum, take effect at the earliest time permitted by law that | 98102 |
| is on or after the effective date specified in this division. | 98103 |
| Section 612.36.03. (A) Except as otherwise provided in | 98104 |
| division (B) of this section, the amendments to section 3301.0711 | 98105 |
| of the Revised Code are subject to the referendum. Therefore, | 98106 |
| under Ohio Constitution, Article II, Section 1c and section 1.471 | 98107 |
| of the Revised Code, the amendments take effect July 1, 2006. If, | 98108 |
| however, a referendum petition is filed against the amendments, | 98109 |
| the amendments, unless rejected at the referendum, take effect at | 98110 |
| the earliest time permitted by law that is on or after the | 98111 |
| effective date specified in this division. | 98112 |
| (B) The amendments to division (N) of section 3301.0711 of | 98113 |
| the Revised Code are not subject to the referendum. Therefore, | 98114 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 98115 |
| of the Revised Code, the amendments go into immediate effect. | 98116 |
| Section 612.37. (A) Except as otherwise provided in division | 98117 |
| (B) of this section, the amendments to section 3314.02 of the | 98118 |
| Revised Code are subject to the referendum. Therefore, under Ohio | 98119 |
| Constitution, Article II, Section 1c and section 1.471 of the | 98120 |
| Revised Code, the amendments go into effect on the ninety-first | 98121 |
| day after this act is filed with the Secretary of State. If, | 98122 |
| however, a referendum petition is filed against the amendments, | 98123 |
| the amendments, unless rejected at the referendum, take effect at | 98124 |
| the earliest time permitted by law. | 98125 |
| (B) The amendment striking the paragraph immediately | 98126 |
| following division (C)(1)(f)(iii) of section 3314.02 of the | 98127 |
| Revised Code is not subject to the referendum. Therefore, under | 98128 |
| Ohio Constitution, Article II, Section 1d and section 1.471 of the | 98129 |
| Revised Code, the amendment goes into immediate effect when this | 98130 |
| act becomes law. | 98131 |
| Section 612.38. (A) Except as otherwise provided in division | 98132 |
| (B) of this section, the amendments by this act to section 3314.03 | 98133 |
| of the Revised Code are not subject to the referendum. Therefore, | 98134 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 98135 |
| of the Revised Code, the amendments go into immediate effect. | 98136 |
| (B) The amendment to division (A)(4) and the amendments | 98137 |
| adding divisions (A)(25) and (F) of section 3314.03 of the Revised | 98138 |
| Code are subject to the referendum. Therefore, under Ohio | 98139 |
| Constitution, Article II, Section 1c and section 1.471 of the | 98140 |
| Revised Code, the amendments take effect on the ninety-first day | 98141 |
| after this act is filed with the Secretary of State. If, however, | 98142 |
| a referendum petition is filed against the amendments, the | 98143 |
| amendments, unless rejected at the referendum, take effect at the | 98144 |
| earliest time permitted by law. | 98145 |
| Section 612.38.03. (A) Except as otherwise provided in | 98146 |
| division (B) of this section, the amendments by this act to | 98147 |
| section 3314.08 of the Revised Code are not subject to the | 98148 |
| referendum. Therefore, under Ohio Constitution, Article II, | 98149 |
| Section 1d and section 1.471 of the Revised Code, the amendments | 98150 |
| go into immediate effect. | 98151 |
| (B) The amendments to division (N) of section 3314.08 of the | 98152 |
| Revised Code are subject to the referendum. Therefore, under Ohio | 98153 |
| Constitution, Article II, Section 1c and section 1.471 of the | 98154 |
| Revised Code, the amendments take effect on the ninety-first day | 98155 |
| after this act is filed with the Secretary of State. If, however, | 98156 |
| a referendum petition is filed against the amendments, the | 98157 |
| amendments, unless rejected at the referendum, take effect at the | 98158 |
| earliest time permitted by law. | 98159 |
| Section 612.39. (A) Except as otherwise provided in division | 98160 |
| (B) of this section, the amendments by this act to section | 98161 |
| 3317.024 of the Revised Code are not subject to the referendum. | 98162 |
| Therefore, under Ohio Constitution, Article II, Section 1d and | 98163 |
| section 1.471 of the Revised Code, the amendments go into | 98164 |
| immediate effect. | 98165 |
| (B) The amendment to division (J) of section 3317.024 of the | 98166 |
| Revised Code is subject to the referendum. Therefore, under Ohio | 98167 |
| Constitution, Article II, Section 1c and section 1.471 of the | 98168 |
| Revised Code, the amendment takes effect on the ninety-first day | 98169 |
| after this act is filed with the Secretary of State. If, however, | 98170 |
| a referendum petition is filed against the amendment, the | 98171 |
| amendment, unless rejected at the referendum, takes effect at the | 98172 |
| earliest time permitted by law. | 98173 |
| Section 612.45. (A) Except as otherwise provided in division | 98174 |
| (B) of this section, the amendments by this act to section 3702.51 | 98175 |
| of the Revised Code are not subject to the referendum. Therefore, | 98176 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 98177 |
| of the Revised Code, the amendments go into immediate effect. | 98178 |
| (B) The amendment to division (G)(10) of section 3702.51 of | 98179 |
| the Revised Code is not subject to the referendum. Therefore, | 98180 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 98181 |
| of the Revised Code, the amendments take effect July 1, 2005. | 98182 |
| Section 612.48. (A) Except as otherwise provided in division | 98183 |
| (B) of this section, the amendments to section 5101.35 of the | 98184 |
| Revised Code are subject to the referendum. Therefore, under Ohio | 98185 |
| Constitution, Article II, Section 1c and section 1.471 of the | 98186 |
| Revised Code, the amendments take effect on the ninety-first day | 98187 |
| after this act is filed with the Secretary of State. If, however, | 98188 |
| a referendum petition is filed against the amendments, the | 98189 |
| amendments, unless rejected at the referendum, take effect at the | 98190 |
| earliest time permitted by law. | 98191 |
| (B) The amendment by this act to division (A)(3) of section | 98192 |
| 5101.35 of the Revised Code adding a reference to "5101.461" is | 98193 |
| not subject to the referendum. Therefore, under Ohio Constitution, | 98194 |
| Article II, Section 1d and section 1.471 of the Revised Code, the | 98195 |
| amendment goes into immediate effect. | 98196 |
| Section 612.54. (A) Except as otherwise provided in division | 98197 |
| (B) of this section, the amendments to section 5111.02 (5111.021) | 98198 |
| of the Revised Code are subject to the referendum. Therefore, | 98199 |
| under Ohio Constitution, Article II, Section 1c and section 1.471 | 98200 |
| of the Revised Code, the amendments take effect October 1, 2005. | 98201 |
| If, however, a referendum petition is filed against the | 98202 |
| amendments, the amendments, unless rejected at the referendum, | 98203 |
| take effect at the earliest time permitted by law that is on or | 98204 |
| after the effective date specified in this division. | 98205 |
| (B) The amendment by this act to division (B) of section | 98206 |
| 5111.02 (5111.021) of the Revised Code striking the last sentence | 98207 |
| of that division (B) is not subject to the referendum. Therefore, | 98208 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 98209 |
| of the Revised Code, the amendment takes effect July 1, 2005. | 98210 |
| Section 612.57. (A) Except as otherwise provided in division | 98211 |
| (B) of this section, the amendments to section 5111.06 of the | 98212 |
| Revised Code are subject to the referendum. Therefore, under Ohio | 98213 |
| Constitution, Article II, Section 1c and section 1.471 of the | 98214 |
| Revised Code, the amendments go into effect on October 1, 2005. | 98215 |
| If, however, a referendum petition is filed against the | 98216 |
| amendments, the amendments, unless rejected at the referendum, | 98217 |
| take effect at the earliest time permitted by law that is on or | 98218 |
| after the effective date specified in this division. | 98219 |
| (B) The amendment to division (A)(1) of section 5111.06 of | 98220 |
| the Revised Code that inserts a reference to section 5111.061 of | 98221 |
| the Revised Code is not subject to the referendum. Therefore, | 98222 |
| under Ohio Constitution, Article II, Section 1d and section 1.471 | 98223 |
| of the Revised Code, the amendment goes into immediate effect when | 98224 |
| this act becomes law. | 98225 |
| Section 612.63. (A) Except as otherwise provided in division | 98226 |
| (B) of this section, the amendment renumbering section 5111.88 as | 98227 |
| section 5111.97 of the Revised Code is subject to the referendum. | 98228 |
| Therefore, under Ohio Constitution, Article II, Section 1c and | 98229 |
| section 1.471 of the Revised Code, the renumbering amendment takes | 98230 |
| effect October 1, 2005. If, however, a referendum petition is | 98231 |
| filed against the renumbering amendment, the renumbering | 98232 |
| amendment, unless rejected at the referendum, takes effect at the | 98233 |
| earliest time permitted by law that is on or after the effective | 98234 |
| date specified in this division. | 98235 |
| (B) The amendment to division (B)(2) of section 5111.88 | 98236 |
| (5111.97) of the Revised Code striking "eighteen" and inserting | 98237 |
| "twelve" is not subject to the referendum. Therefore, under Ohio | 98238 |
| Constitution, Article II, Section 1d and section 1.471 of the | 98239 |
| Revised Code, the amendment goes into immediate effect when this | 98240 |
| act becomes law. | 98241 |
| Section 612.66. (A) Except as otherwise provided in division | 98242 |
| (B) of this section, the amendments to section 5727.84 of the | 98243 |
| Revised Code provide for or are essential to implementation of a | 98244 |
| tax levy. Therefore, under Ohio Constitution, Article II, Section | 98245 |
| 1d, the amendments go into immediate effect when this act becomes | 98246 |
| law. | 98247 |
| (B) The amendments striking divisions (B)(6) and (7) and | 98248 |
| (C)(3) from section 5727.84 of the Revised Code are subject to the | 98249 |
| referendum. Therefore, under Ohio Constitution, Article II, | 98250 |
| Section 1c and section 1.471 of the Revised Code, the amendments | 98251 |
| take effect on the ninety-first day after this act is filed with | 98252 |
| the Secretary of State. If, however, a referendum petition is | 98253 |
| filed against the amendments, the amendments, unless rejected at | 98254 |
| the referendum, take effect at the earliest time permitted by law. | 98255 |
| Section 612.69. (A) Except as otherwise provided in division | 98256 |
| (B) of this section, the amendments to section 5727.85 of the | 98257 |
| Revised Code are not subject to the referendum. Therefore, under | 98258 |
| Ohio Constitution, Article II, Section 1d and section 1.471 of the | 98259 |
| Revised Code, the amendments go into immediate effect when this | 98260 |
| act becomes law. | 98261 |
| (B) The amendments to section 5727.85 of the Revised Code | 98262 |
| that insert new language into division (F), strike "February" and | 98263 |
| insert "May," strike divisions (G) and (H) and the two unlettered | 98264 |
| paragraphs following, insert new division (H), and add an internal | 98265 |
| cross-reference to division (F) of the section are subject to the | 98266 |
| referendum. Therefore, under Ohio Constitution, Article II, | 98267 |
| Section 1c and section 1.471 of the Revised Code, the amendments | 98268 |
| take effect on the ninety-first day after this act is filed with | 98269 |
| the Secretary of State. If, however, a referendum petition is | 98270 |
| filed against the amendments, the amendments, unless rejected at | 98271 |
| the referendum, take effect at the earliest time permitted by law. | 98272 |
| Section 612.69.03. The amendments by this act to section | 98273 |
| 5739.01 of the Revised Code provide for or are essential to | 98274 |
| implementation of a tax levy. Therefore, under Ohio Constitution, | 98275 |
| Article II, Section 1d, the amendments are not subject to the | 98276 |
| referendum and go into immediate effect when this act becomes law. | 98277 |
| However, the amendment to divisions (HHH) and (III) of the section | 98278 |
| goes into effect July 1, 2005, and the amendments to division | 98279 |
| (H)(1)(a)(vi), adding a new division (H)(1)(b), and adding a new | 98280 |
| division (H)(1)(c)(iv) of the section go into effect January 1, | 98281 |
| 2006. | 98282 |
| Section 612.69.06. The amendments by this act to section | 98283 |
| 5739.02 of the Revised Code provide for or are essential to | 98284 |
| implementation of a tax levy. Therefore, under Ohio Constitution, | 98285 |
| Article II, Section 1d, the amendments are not subject to the | 98286 |
| referendum and go into immediate effect when this act becomes law. | 98287 |
| However, the amendment to division (B)(18) of the section goes | 98288 |
| into effect July 1, 2005. | 98289 |
| Section 612.69.09. (A) Except as otherwise provided in | 98290 |
| division (B) of this section, the amendments by this act to | 98291 |
| section 5739.17 of the Revised Code are not subject to the | 98292 |
| referendum. Therefore, under Ohio Constitution, Article II, | 98293 |
| Section 1d and section 1.471 of the Revised Code, the amendments | 98294 |
| take effect on July 1, 2005. | 98295 |
| (B) The amendments to division (C) of section 5739.17 of the | 98296 |
| Revised Code provide for or are essential to implementation of a | 98297 |
| tax levy. Therefore, under Ohio Constitution, Article II, Section | 98298 |
| 1d, the amendments are not subject to the referendum and go into | 98299 |
| immediate effect when this act becomes law. | 98300 |
| Section 612.69.12. The amendments by this act to section | 98301 |
| 5741.02 of the Revised Code provide for or are essential to | 98302 |
| implementation of a tax levy. Therefore, under Ohio Constitution, | 98303 |
| Article II, Section 1d, the amendments are not subject to the | 98304 |
| referendum and go into immediate effect when this act becomes law. | 98305 |
| However, the amendment to division (E) of the section goes into | 98306 |
| effect January 1, 2006. | 98307 |
| Section 612.72. (A) Except as otherwise provided in division | 98308 |
| (B) of this section, the amendments by this act to section 5747.01 | 98309 |
| of the Revised Code provides for or is essential to implementation | 98310 |
| of a tax levy. Therefore, under Ohio Constitution, Article II, | 98311 |
| Section 1d, the amendments are not subject to the referendum and | 98312 |
| go into immediate effect when this act becomes law. | 98313 |
| (B) The amendment to division (A)(10) of section 5747.01 of | 98314 |
| the Revised Code is subject to the referendum. Therefore, under | 98315 |
| Ohio Constitution, Article II, Section 1c and section 1.471 of the | 98316 |
| Revised Code, the amendment takes effect on the ninety-first day | 98317 |
| after this act is filed with the Secretary of State. If, however, | 98318 |
| a referendum petition is filed against the amendment, the | 98319 |
| amendment, unless rejected at the referendum, takes effect at the | 98320 |
| earliest time permitted by law. | 98321 |
| Section 615.03. Except as otherwise specifically provided in | 98322 |
| this act, the uncodified sections of law amended or enacted in | 98323 |
| this act, and the items of law of which the uncodified sections of | 98324 |
| law amended or enacted in this act are composed, are not subject | 98325 |
| to the referendum. Therefore, under Ohio Constitution, Article II, | 98326 |
| Section 1d and section 1.471 of the Revised Code, the uncodified | 98327 |
| sections of law amended or enacted in this act, and the items of | 98328 |
| law of which the uncodified sections of law amended or enacted in | 98329 |
| this act are composed, go into immediate effect when this act | 98330 |
| becomes law. | 98331 |
| Section 615.06. Uncodified sections of law amended or enacted | 98332 |
| in this act, and items of law contained within the uncodified | 98333 |
| sections of law amended or enacted in this act, that are marked | 98334 |
| with an asterisk are subject to the referendum. Therefore, under | 98335 |
| Ohio Constitution, Article II, Section 1c and section 1.471 of the | 98336 |
| Revised Code, the uncodified sections and items of law marked with | 98337 |
| an asterisk take effect on the ninety-first day after this act is | 98338 |
| filed with the Secretary of State. If, however, a referendum | 98339 |
| petition is filed against an uncodified section or item of law | 98340 |
| marked with an asterisk, the uncodified section or item of law | 98341 |
| marked with an asterisk, unless rejected at the referendum, takes | 98342 |
| effect at the earliest time permitted by law. | 98343 |
| If the amending and existing repeal clauses commanding the | 98344 |
| amendment of an uncodified section of law are both marked with | 98345 |
| asterisks, the uncodified section as amended is deemed also to | 98346 |
| have been marked with an asterisk. | 98347 |
| An asterisk marking an uncodified section or item of law has | 98348 |
| the form *. | 98349 |
| This section defines the meaning and form of, but is not | 98350 |
| itself to be considered marked with, an asterisk. | 98351 |
| Section 615.90. If the amendment or enactment in this act of | 98352 |
| a codified or uncodified section of law is subject to the | 98353 |
| referendum, the corresponding indications in the amending, | 98354 |
| enacting, or existing repeal clauses commanding the amendment or | 98355 |
| enactment also are subject to the referendum, along with the | 98356 |
| amendment or enactment. If the amendment or enactment by this act | 98357 |
| of a codified or uncodified section of law is not subject to the | 98358 |
| referendum, the corresponding indications in the amending, | 98359 |
| enacting, or existing repeal clauses commanding the amendment or | 98360 |
| enactment also are not subject to the referendum, the same as the | 98361 |
| amendment or enactment. | 98362 |
| Section 618.03. The amendment of sections 5112.03 and 5112.08 | 98363 |
| of the Revised Code are not intended to supersede the earlier | 98364 |
| repeal, with delayed effective date, of those sections. | 98365 |
| Section 618.06. The General Assembly, applying the principle | 98366 |
| stated in division (B) of section 1.52 of the Revised Code that | 98367 |
| amendments are to be harmonized if reasonably capable of | 98368 |
| simultaneous operation, finds that the following sections, | 98369 |
| presented in this act as composites of the sections as amended by | 98370 |
| the acts indicated, are the resulting versions of the sections in | 98371 |
| effect prior to the effective date of the sections as presented in | 98372 |
| this act: | 98373 |
| Section 122.74 of the Revised Code as amended by both Am. | 98374 |
| Sub. H.B. 356 and Am. Sub. S.B. 310 of the 121st General Assembly. | 98375 |
| Section 124.26 of the Revised Code as amended by both Am. | 98376 |
| Sub. H.B. 117 and Am. Sub. S.B. 99 of the 121st General Assembly. | 98377 |
| Section 307.37 of the Revised Code as amended by both Am. | 98378 |
| Sub. H.B. 175 and Sub. H.B. 231 of the 125th General Assembly. | 98379 |
| Section 307.86 of the Revised Code as amended by both Am. | 98380 |
| Sub. H.B. 11 and Sub. H.B. 230 of the 125th General Assembly. | 98381 |
| Section 2151.86 of the Revised Code as amended by both Am. | 98382 |
| Sub. H.B. 106 and Am. Sub. H.B. 117 of the 125th General Assembly. | 98383 |
| Section 2921.13 of the Revised Code as amended by Am. Sub. | 98384 |
| H.B. 12, Am. Sub. H.B. 95, and Am. Sub. H.B. 311 of the 125th | 98385 |
| General Assembly. | 98386 |
| Section 3314.03 of the Revised Code as amended by both Am. | 98387 |
| Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General Assembly. | 98388 |
| Section 3317.023 of the Revised Code as amended by both Am. | 98389 |
| Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General Assembly. | 98390 |
| Section 3317.026 of the Revised Code as amended by both Sub. | 98391 |
| H.B. 129 and Sub. S.B. 200 of the 124th General Assembly. | 98392 |
| Section 3704.035 of the Revised Code as amended by both Am. | 98393 |
| Sub. S.B. 18 and Am. Sub. S.B. 153 of the 120th General Assembly. | 98394 |
| Section 4503.571 of the Revised Code as amended by both Am. | 98395 |
| Sub. S.B. 120 and Am. Sub. S.B. 232 of the 123rd General Assembly. | 98396 |
| Section 5739.01 of the Revised Code as amended by both Am. | 98397 |
| Sub. H.B. 95 and Am. Sub. S.B. 37 of the 125th General Assembly. | 98398 |
| Section 5739.02 of the Revised Code as amended by both Am. | 98399 |
| Sub. H.B. 95 and Am. Sub. S.B. 37 of the 125th General Assembly. | 98400 |
| Section 5739.99 of the Revised Code as amended by both Am. | 98401 |
| Sub. S.B. 143 and Sub. S.B. 200 of the 124th General Assembly. | 98402 |
| Section 5741.02 of the Revised Code as amended by Am. Sub. | 98403 |
| H.B. 95, Am. Sub. S.B. 37, and Sub. S.B. 47 of the 125th General | 98404 |
| Assembly. | 98405 |
| Section 5743.03 of the Revised Code as amended by both Am. | 98406 |
| Sub. S.B. 242 and Am. Sub. S.B. 261 of the 124th General Assembly. | 98407 |
| Section 5743.99 of the Revised Code as amended by both Am. | 98408 |
| Sub. S.B. 123 and Am. Sub. S.B. 242 of the 124th General Assembly. | 98409 |
| Section 6121.04 of the Revised Code as amended by both Sub. | 98410 |
| H.B. 601 and Am. Sub. H.B. 628 of the 123rd General Assembly. | 98411 |